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Fetus Breathed Before Dying, Pathologist Tells Edelin Jury

Ward explained that his conclusions were based on an examination of slides, and that such investigation did not permit analysis of the chemical content of the fluid within the alveoli.

The Pittsburgh University-educated pathologist also testified that the fetus died 26 weeks after it was conceived. The prosecution claims that the fetus was between 24 and 28 weeks old and could have lived if delivered at the time of the hysterotomy.

Homans objected to this testimony by Ward because he said that a pathologist is not qualified to give expert evidence on matters involving obstetrics and gynecology. He was overruled.

However, during cross-examination in the afternoon session yesterday, Homans picked at Ward's testimony, suggesting that he had confused his standards for measuring fetal age, and that the estimate of 26 weeks was exaggerated.

Seemingly impatient with the witness, Homans addressed Ward as "sir" or even "mr. witness," while prosecutor Flanagan always addressed him as "doctor."

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Crown to Rump

Homans showed that a table of "crown to heel," or head to toe, fetal measurement that the pathologist had testified was to be found in a certain scientific paper could not in fact be found there. That paper did include a correlation of "crown to rump" fetal measurement with certain fetal ages.

Measurements of the length and weight of the fetus in the Edelin case were made in an autopsy four months after the operation, but Ward questioned the accuracy of the weight measurement.

Dry Run

He said that the preservation of the fetus in Formalin, a liquid solution of formaldehyde, dehydrated the fetus so that it weighed less at the autopsy than it did at the time of the operation.

Homans cited a list of scientific papers on the effect of preservation in Formalin on tissue weight and, after establishing that Ward was familiar with none of them, suggested that the doctor was not qualified to speculate on the age of the fetus.

The defense attorney implied that Ward had employed standards of measurement in interpreting figures from the autopsy that would yield a contrived and exaggerated estimate of the age of the fetus.

Ward, a balding and bespectacled man who wore a conservative gray suit and a plain white shirt, remained calm during examination by Flanagan, who said yesterday that he travelled to Pittsburgh two months ago to confirm that Ward would testify.

However, during Homans's barking cross-examination, Ward seemed non-plussed and often gave rambling answers to questions about apparent contradictions in his testimony.

Ward was preceded on the stand by Dr. Joseph Kennedy Jr., a neonatologist--a scientist dealing with newborn children under 28 days old.

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