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Celeste Burgess, a 19-year-old girl from Nebraska, was sentenced to 90 days in prison and two years of probation on July 20, 2023. Burgess entered a plea agreement after she pleaded guilty to one felony count of removing, concealing, and abandoning a dead human body. This was due to her act of medically inducing an abortion in the third trimester of her pregnancy. At the time, Nebraska law prohibited abortion after 12 weeks of pregnancy.
Trigger warning: This article contains mentions of an abortion. Discretion is advised.
The Norfork police started their investigation into Celeste Burgess, and her mother, Jessica Burgess, in April 2022. The investigation began after a detective suspected that Celeste had undergone a drug-induced abortion when she was 17. Celeste Burgess had initially told police that she had delivered a stillborn fetus.
Upon further investigation, police also found evidence that suggested that Jessica and Celeste Burgess used abortion medication to terminate the pregnancy. Following that, she buried, exhumed, burned, and reburied the remains to hide them. Jessica Burgess faces felony charges and is set to be sentenced in September 2023.
Celeste Burgess cooperated with the police during the investigation
The police claim that the remains of the fetus were buried and exhumed twice before Celeste Burgess and her mother attempted to burn them. The duo then buried the remains a third time. They also showed authorities where the remains were last buried of their own volition.
Celeste Burgess’ prosecution comes in the wake of a new Nebraska law that bans abortions after 12 weeks except for cases of s*xual assault, inc*st, and medical emergencies. The law was passed after the Supreme Court of the United States of America overturned the landmark judgment of Roe v. Wade which was foundational to women’s right to abortion.
Celeste, however, was not charged under the new abortion law. She pleaded guilty to removing and concealing human skeletal remains in May 2023. Based on a plea agreement, charges of concealing and death and false reporting were dropped against her.
During her sentencing, Celeste told the District Judge that she was scared at the time and didn't know what to do. She added that she freaked out and didn't know which way to turn after everything had happened.
Celeste’s mother Jessica Burgess was also charged with the felony offenses to which she pleaded guilty. Her charges included performing an abortion by removing, concealing, or abandoning a dead human body, performing an abortion beyond 20 weeks, and the misdemeanor charge of false reporting.
The charges of not being a physician and the misdemeanor charge of concealing the death of another person were dropped in lieu of her plea. She awaits sentencing, which will be held on September 22, 2023.
Celeste Burgess and her mother’s conviction could potentially show future trends as per experts
Jessica’s conviction could lend credence to the fears that many pro-choice advocates had. This stemmed from a crackdown on persons attempting to help women in terminating their pregnancies that was feared after the case of Dobbs v. Jackson was overturned by the Supreme Court.
The New York Times quotes Associate Professor of Law, Greer Donley saying that the ruling, in this case, is a sign of what to expect after the Supreme Court's recent rulings on abortion rights.
“This case is really sad because people resort to things like this when they’re really desperate…and the thing that makes people really desperate is abortion bans,” Professor Donley added.
According to Elizabeth Ling, a senior helpline counsel at If/When/How, the case reflects a worrying reality.
“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,” the New York Times quotes her saying.
As per public records, Celeste Burgess is now an inmate at the Madison County Jail where she will serve her sentence.
