Florida Judge Rules That Baby Should Live

By Dave Andrusko

Florida Circuit Judge Lawrence R. Kirkwood has adopted the recommendations of the guardian of a pregnant mentally retarded woman who had been raped that her baby be carried to term. Patti Jarrell was appointed in May to be the guardian for the woman identified only as "J.D.S." when Judge Kirkwood declared J.D.S. incompetent to make decisions on her own behalf.

Jarrell told the court that J.D.S. had been examined by doctors on June 5 and June 12 and both declared that "there was no medical reason to terminate the pregnancy," the Miami Herald reported. Jarrell told the judge that the young woman was in good health and that her pregnancy (best guesses are she was in her seventh month) was "quite unremarkable."

Jarrell concluded, "It is the guardian's belief that completing the pregnancy/delivering the child is in J.D.S.' best interest, and that therefore, unless otherwise directed by the court, the guardian intends to perform her duties under the assumption that J.D.S. will complete her pregnancy.''

According to the Orlando Sentinel, "Jarrell could have elected to request an abortion if she thought J.D.S.' health or life was at risk." (The quest for a separate guardian for the baby goes on.) Jarrell has also said, "two sonograms indicate no obvious abnormalities with the fetus."

Frank Nisi is Jarrell's lawyer. He told the Sentinel that J.D.S. "is doing well and the baby is doing well, too." Nisi added, "A lot of people prayed for her, and the prayers appear to be answered."

Various accounts have painted the worst possible picture of the young woman's capabilities. But Jarrell told the Sentinel that J.D.S. "is more functional than she had expected."

"She's a beautiful girl and she does have potential," Jarrell said. "She just needs somebody to work with her. I expected to find a totally different young woman than what I found when I initially visited with her."

And one of the doctors wrote (in documents unsealed by Kirkwood), "[J.D.S.] is, of course, developmentally delayed, but looks significantly better than she did at her last exam. . . . [s]he is now functioning better."

J.D.S. was moved to another facility after she was found to be pregnant. The Sentinel reported that she "enjoys the attention she's received since being moved to the living facility, which is staffed with two nurses, 24 hours a day."

Jarrell agreed. "They are giving her excellent care and they love her," she said, adding that they have cut and styled her hair. "She smiles, and you can see that she enjoys that attention."

Kirkwood has consistently turned down requests that a guardian be appointed for the baby.

But a spokeswoman for Gov. Jeb Bush said the appeal to the Fifth District Court of Appeals in Daytona Beach will continue. ''There are still issues that concern the unborn child as the child comes to term, issues related to her health and well being,'' Jill Bratina said. "The mother's incapacitation makes her unable to decide issues regarding her own well being as well as that of her unborn child.''

A spokesman for the Florida Department of Children & Families, Bob Brooks, told the Sentinel, "In terms of wanting a guardian for the unborn child, that would be absolutely appropriate." He added, "We have said from the beginning this is not about abortion. This doesn't change anything.''

While a number of accounts were both accurate and sympathetic, neither was true of CNN. J.D.S.'s mental capacities are clearly very limited. They've been described as being those of a "pre-schooler," or "a young child." But according to CNN (in reporting on Judge Kirkwood's decision), J.D.S. "has the mental capacity of a 1-year-old," which is clearly not even remotely accurate.

Even though two physicians agreed that carrying the baby posed no physical or mental health problems beyond those existing in a normal pregnancy, and in spite of the fact that the guardian appointed to make decisions for J.D.S. is optimistic, CNN carried this headline on its web page: "A 22-year-old disabled Florida woman raped while under the state's care is under a court order to carry her fetus to term."

"Under a court order to carry her fetus to term" sounds like something out of Communist China in reverse: an unwilling mother, who'd rather abort, is coerced into continuing her pregnancy. Not a banner day for media fairness.

But that doesn't change the fact that this is the best outcome to what began in a tragedy. A defenseless young woman was sexually assaulted, but instead of compounding the tragedy, a little one's life has been spared.