Trial Continues

By: Holly Wagner

Updated: Tue 6:45 PM, Mar 30, 2004

A doctor who performs late-term abortions says he'll go to jail before he stops performing the procedure. This occurred during day two of a federal hearing on the legality of a partial birth abortion ban.

Lincoln is one of three cities where challenges against the ban are being heard.
Tuesday, Judge Richard Kopf heard testimony from two doctors who perform late-term, or second trimester abortions.

Virginia Dr. William Fitzhugh, and Iowa Dr. Jill Vibhakar were both questioned on specifics of the procedure known as D&E, dilation and extraction. During the procedure, a fetus is often partially delivered, and its skull is punctured.

Both doctors said in court D&E is safer than other methods that would be performed in late-term abortions.

Dr. Fitzhugh said in court, if the partial birth abortion ban is enforced, he'll continue performing D&E's, even if it means jail time.

Dr. Vibhakar testified the language in the ban is too vague. She says if the ban were put into effect, she would no longer perform second-term abortions. She says the language in the ban could eliminate other abortion methods.

The defense targeted in on the procedure D&E, including the dismemberment of the fetus.

Bellevue Dr. Leroy Carhart, who is one of the plaintiffs who initiated the challenge, has yet to take the stand.

The trial resumes Wednesday at 9 a.m.

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