Plea changed to guilty in abortion case
An agreement to a lesser charge is reached as the murder trial was about to begin.

By Raymond Smith
The Press-Enterprise
RIVERSIDE

Dr. Bruce Steir appears in Riverside County Superior Court. (Carlos Puma / The Press-Enterprise)

An abortion doctor about to be tried on a murder charge instead pleaded guilty to involuntary manslaughter Wednesday and faces up to a year in jail and five years' probation.

Bruce Steir, 69, entered the plea in Riverside County Superior Court as defense attorneys and a prosecutor prepared to pick a jury.

The prosecutor said Steir's plea served the interests of justice. But some abortion-rights advocates worried about the implications for other abortion providers.

"I'm incredibly sad. There was no case," said Carol Downer, one of Steir's supporters. "I'm sure this will give heart to people who want to attack (abortion) doctors."

The second-degree murder charge was filed after Sharon Hamptlon, 27, of Barstow bled to death in December 1996 after Steir performed an abortion in a Moreno Valley clinic. Steir was on medical probation at the time but was still allowed to practice. He surrendered his medical license in 1997.

A deal emerged unexpectedly Tuesday when the defense raised the possibility of a plea, Deputy District Attorney Kennis Clark said. As a result, the involuntary manslaughter charge was filed; the murder charge will be dropped when Steir is sentenced. Steir, who lives in San Francisco, waived his right to appeal the conviction.

The defense had suffered a series of losses in court while arguing that Steir was a victim of selective prosecution, targeted because he performed abortions. Defense attorneys alleged that state officials and prosecutors pushed for a murder charge because of pressure from abortion opponents.

In pretrial hearings, Judge Vilia Sherman said she saw no indication that anti-abortion pressure led to the charge. She also decided Clark would have the chance to tell jurors about injuries that Steir allegedly had caused in two abortions and a Caesarean section since 1984.

The latter ruling was key to Steir's plea, defense attorney Doron Weinberg said.

"The strength of opinion against abortion in this county is very substantial, and there was a great fear on our part that that strong feeling could affect the jury's deliberations," he said. Still, it was difficult for Steir to speak when the time came for his plea. Haltingly, he said five words: "I plead guilty, your honor."

Outside the courtroom, Steir said the case has been financially and psychologically devastating, "like a Kafka nightmare."

"My wife and I wanted to put this behind us," he said.

One state official denied the selective-prosecution allegation and said abortion opponents hold no sway in any investigation into medical wrongdoing.

"Mr. Steir's record . . . of mispractice speaks for itself," said Candis Cohen, spokeswoman for the Medical Board of California.

Clark, the prosecutor, said the murder charge was based on Steir's negligence and had nothing to do with politics, nothing to do with abortion.

An autopsy determined that Hamptlon bled to death on the ride home to Barstow after her uterus had been perforated during the abortion at A Women's Choice Medical Center.

From the start, Steir admitted he had made a mistake during the procedure. But Steir argued he would have ensured that Hamptlon received emergency medical attention if he had known the extent of the damage he had caused.

The trial would have hinged on testimony from Nancy Myles, an ultrasound technician who assisted in Hamptlon's abortion. Myles told authorities that Steir said, "I think I pulled bowel" during the abortion.

Myles' description was crucial because reaching the bowel is a clear indication the uterus was perforated, Clark said. But Myles was always a bit reluctant to testify, the prosecutor said, explaining why she had accepted the plea. And it could have been a close call for jurors to agree unanimously on a murder charge rather than manslaughter, she said.

Weinberg defended Steir's record, saying a perforated uterus is a known complication during abortions. He also pointed out that Steir had performed about 40,000 abortions with few complications. On Wednesday, the judge indicated that Steir would face no more than a year in jail and five years' probation unless a pre-sentence probation report uncovers aggravating factors. Sentencing was set for May 26.

Hamptlon's mother, Doris, said that Steir should go to prison for a "long, long, long, long time."

"My child's never coming back," she said.

Doris Hamptlon and her husband now care for Hamptlon's son, Curtis Bullorck, who is 7 years old and attends first grade. More than a year ago, the family agreed to a settlement worth up to $2 million in a civil lawsuit against Steir.

The clinic where the abortion was performed is owned by Dr. Joseph Durante, who was placed on two months' probation last year for failing to disclose previous disciplinary action.

Raymond Smith can be reached by e-mail at raysmith@pe.net or by phone at (909) 782-7528.

Published 4/6/2000