An 18-year-old woman from northeastern Nebraska received a 90-day jail sentence and two years of probation for concealing the remains of a fetus she aborted with her mother's assistance. This case has garnered significant attention due to the ongoing debate surrounding abortion access in the United States.
Celeste Burgess, from Norfolk, pleaded guilty to concealing or abandoning a dead body in Madison County. Prosecutors dropped two other misdemeanor charges – false reporting and concealing the death of another person – as part of a plea agreement. The judge's order stated that confinement was necessary to reflect the seriousness of the crime.
Burgess and her mother, 42-year-old Jessica Burgess, allegedly collaborated to terminate the pregnancy. The abortion, which occurred during the third trimester, violated Nebraska law, which at the time prohibited abortions after 20 weeks of gestation. Jessica Burgess allegedly obtained abortion pills online and provided them to her then-17-year-old daughter in the spring of 2022. She pleaded guilty earlier this month to providing an illegal abortion, false reporting, and tampering with human skeletal remains. Other charges were dismissed, and her sentencing is scheduled for September 22nd.
A Norfolk police detective initiated an investigation into the abortion after receiving a tip. A search warrant allowed police to access Facebook messages between the mother and daughter, which allegedly revealed discussions about ending the pregnancy and destroying evidence. Subsequently, burned fetal remains were discovered buried in a field north of Norfolk.
Court records indicate that the Facebook messages included instructions from Jessica Burgess to her daughter on how to use the abortion pills. In another message, Celeste Burgess expressed anticipation about being able to wear jeans again.
The U.S. Supreme Court's overturning of Roe v. Wade last year, which had established a constitutional right to abortion for 50 years, has significantly impacted the legal landscape surrounding abortion. Nebraska lawmakers opposing efforts to restrict abortion access have pointed to the Norfolk case as an example of how women seeking abortions could face criminal penalties. Although Nebraska legislators failed to enact a six-week abortion ban, they later passed a 12-week ban as an amendment to a bill concerning gender-affirming care for transgender youth. This move has drawn criticism for potentially violating a state constitutional requirement that bills address only one subject. The ACLU has filed a lawsuit challenging both the abortion ban and the transgender care bill.
