Judge allows self-abortion case against woman to proceed

Published: Oct. 28, 2017 at 8:34 PM EDT
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A Virginia judge has cleared the way for the prosecution of a woman charged with self-aborting her late-term fetus.

Reports Friday say that a Chesterfield Circuit Court judge has denied a motion to dismiss the charge against Michelle F. Roberts, who was indicted in April.

Police have said they found fetal skeletal remains buried in the backyard of the home where Roberts had been living.

Investigators believe the fetus was aborted during the third trimester.

The state medical examiner's office determined the cause of death was penetrating head injuries and the mother's use of methadone, alprazolam and amphetamines.

In asking for the charge to be dismissed, Roberts' attorney argued in part that the General Assembly did not mean for the law she was charged under to apply to expectant women.