By Isabelle Wilson-
Jessica Burgess, a Nebraska mother, has been sentenced to two years in prison for her involvement in helping her teenage daughter, Celeste Burgess, attempt to terminate her pregnancy using pills.
The incident, which took place in April 2022, occurred when Nebraska law still banned abortions after 20 weeks of pregnancy, making the case legally significant.
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Prosecutors revealed that after acquiring pills to terminate the pregnancy, Celeste Burgess gave birth to a stillborn fetus. This event transpired well past the point when Nebraska law prohibited abortions. Court records confirmed that the pregnancy was beyond 20 weeks.
Police investigations revealed that the Burgesses not only buried the fetal remains but may have also burned them, based on an examination of the remains, as stated in court documents.
In July, Jessica Burgess pleaded guilty to charges of false reporting, providing an abortion after 20 weeks of gestation, and concealing, removing, or abandoning a dead human body. She received a one-year prison sentence for each charge.
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The sentences for false reporting and tampering with human remains will run concurrently, while the sentence for the illegal abortion will be served consecutively with the other charges, according to a spokesperson for the Madison County courthouse.
Celeste Burgess, in a plea deal, was sentenced to 90 days for concealing or abandoning a dead body earlier this year.
This case occurred before the US Supreme Court overturned Roe v. Wade but is viewed as a glimpse into how law enforcement might prosecute individuals for ending pregnancies in a post-Roe era.
Notably, court documents in this case unveiled that Meta, Facebook’s parent company, supplied police with private Facebook messages exchanged between Celeste and Jessica Burgess. In one of these messages, Celeste mentioned, “Remember we burn the evidence.”
This raises concerns about potential collaboration between law enforcement and tech giants in cases involving self-managed abortions.
While most states do not prohibit individuals from inducing their own abortions, abortion bans traditionally target providers, not patients. Nonetheless, abortion rights advocates have consistently warned that prosecutors, if motivated, can find statutes flexible enough to target those attempting self-managed abortions.
Celeste Burgess was recently released from Madison County jail after serving slightly more than half of her 90-day sentence.
During her sentencing, she expressed financial constraints, stating her family could not afford a funeral for the fetal remains. Jessica Burgess, too, mentioned financial struggles in a financial affidavit, revealing she had only $400 to her name. Celeste Burgess also grapples with multiple mental health issues and became pregnant due to an abusive relationship.
Jessica Burgess was scheduled to undergo a court-ordered psychological evaluation ahead of her sentencing, underscoring the complexity and sensitivity of the case.
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