NORFOLK, NEBRASKA: In a shocking case that began as a "concern" about a 17-year-old giving birth prematurely to a stillborn baby, Celeste Burgess, now 19, was sentenced to 90 days in jail after being accused of having an illegal abortion and disposing of the fetus. The plea agreement also requires her to serve two years of probation. Misdemeanor charges of false reporting and concealing a death were dismissed under the agreement. The sentencing took place on Thursday, July 20, in Nebraska's Madison County.
Who is Celeste Burgess?
The case initially came to light in late April 2022, when Norfolk police received information about the premature birth and subsequent burial of a stillborn baby by Celeste Burgess, then 17, and her mother, Jessica Burgess, 42. However, as the investigation progressed, it was discovered that the women had actually buried the remains three times, and there were indications that they had attempted to burn the fetus, resulting in "thermal injuries." During the investigation, medical records were subpoenaed, revealing that Celeste had been pregnant with a due date of July 3. Further evidence of a medically induced abortion was found in Facebook Messenger conversations, where Celeste referred to the fetus as a "thing" and expressed eagerness to remove it from her body.
Authorities alleged that Celeste Burgess had a medication abortion, which violated the state's prohibition of abortion after 20 weeks. Court documents revealed that she was around 28 weeks pregnant when her pregnancy ended. It is worth noting that earlier in the year, Nebraska had passed a bill banning most abortions after 12 weeks, with exceptions for cases of sexual assault, incest, and medical emergencies.
Jessica Burgess' plea bargain
Jessica Burgess, Celeste's mother, was also charged in connection with the incident. She faced felony counts of performing an abortion beyond 20 weeks and performing an abortion as someone other than a licensed physician, as well as a misdemeanor count of false reporting. However, Jessica Burgess entered a plea bargain earlier this month, pleading guilty to two felonies - removing, concealing, or abandoning a dead human body and performing an abortion beyond 20 weeks - and the misdemeanor charge of false reporting. The other charges against her were dismissed. Jessica's attorney requested a psychological examination for her client, and her sentencing is scheduled for September 22, CNN reported.
Joseph Smith, the top prosecutor in Madison County, commented on the case, stating that the sentence "seems reasonable" due to Celeste Burgess's lack of criminal history. He also mentioned that this was the first abortion-related case he had prosecuted in his 33-year career. “It’s a painful case for everybody,” he said, “and I’m glad it’s over.”
Differing opinions
Nebraska Right to Life, an anti-abortion group, applauded the prosecutors for enforcing the state's 20-week law. Sandy Danek, the executive director of the group, voiced concerns about the growing trend of DIY abortions facilitated by the mail-ordering of abortion pills to states with stricter regulations. “This disturbing act may become more commonplace as the abortion industry continues to promote the do-it-yourself abortion where there’s no medical oversight for risks and complications,” she said.
On the other hand, Elizabeth Ling, a senior helpline counsel at If/When/How, an abortion rights group, harshly criticized the prosecution, arguing that it contributed to a climate of fear that deterred individuals from seeking healthcare, including medication abortions. “I am disturbed and appalled that, despite self-managed abortion not being illegal in Nebraska, prosecutors chose to punish a young person by wrongfully weaponizing their laws against them for allegedly ending their own pregnancy,” she said in a statement.
