Friday, April 21, 2023

April 21, 1955: Pro-Choice Icon's Forgotten Victim

1970s photo of a 30-something white man in a classroom, wearing a white turtlenedk under a dark, double-breasted jacket and holding what looks like some sort of plastic medical instruments
Self-styled "Doctor" Harvey Karman
Nearly two decades before the "Mothers Day Massacre" pulled off with Kermit "House of Horrors" Gosnell in Philadelphia, 30-year-old Harvey Karman was working at the University of California at Los Angeles, seeking a doctorate in psychology. At times he claimed that he was an instructor at the university, but his instruction duties were likely limited. 

He was not licensed to practice medicine.

The Abortion

Around early February of 1955, 26-year-old Joyce Yvonne Maynard Johnson told her husband, Ben, that she was pregnant. The couple already had two children, and they discussed an abortion. Ben was friends with Harvey Karman. Karman had a passion for writing, inventing, performing medical experiments on rattlesnakes, and, as we already know, abortion. He agreed to perform an abortion on the young homemaker. His fee was $150, which was a substantial sum for somebody whose only income at the time was $180 a month for tutoring teens in remedial reading. 

On April 6, 1955, Karman met Joyce in a motel room in Westwood, California while Ben waited outside in the car. Using a speculum, Karman inserted a nutcracker into Joyce in order to perform an abortion. Karman walked Joyce out to the car, he said, and told Ben, "Get her to a doctor." He reportedly returned the $150 abortion fee to cover Joyce's inevitable medical bills.

On April 8, Joyce's husband took her to St. Joseph's Hospital. She was examined by a Dr. Moss who diagnosed her as suffering from "an infected criminal abortion." The dead fetus was still in her uterus. She expelled it while at St. Joseph's.

On April 13, Joyce was transferred to General Hospital for specialized treatment. She died there on April 21. An autopsy was performed, and Joyce's death blamed on bronchial pneumonia brought on by the septic abortion.

Karman was arrested. He admitted to perpetrating the abortion but said, "I only did it because she begged me to do it." Then again, Karman clearly needed the money.

The Trial

During the trial, a photograph of the autopsy was available, but the district attorney didn't display it. He instead told the jury, "you can look at it up in the jury room if you are so inclined--it's an autopsy picture--I'm not going to show it to you because some people don't like to see things like that--she was 26 years old April 6th. She was a girl in good health. She was pregnant. She wanted to do something about having an abortion for this pregnancy."

The district attorney also told the jury, "Frankly, I don't know how you feel about this matter of abortion--it is a matter of difference of opinion. Some people say well, people can't afford it, it's all right to have an abortion. Some people say if the woman's health won't stand it it's all right to have an abortion. Our law says it's all right to have an abortion if her health is of such nature she can't have a baby. Some people think abortions are all right. Some people are absolutely against all of them. If you want to know the truth, I'm pretty much against all abortions myself, I think it's a terrible thing for a girl to be talked into this."

Harvey was convicted on the illegal abortion charge but acquitted on the accompanying murder charge for a reason that would only make sense to a jury. He was given a one-to-ten-year prison sentence.

The Appeal

The appeals court found it "improper for the district attorney to express his personal belief as to all abortion," but noted that since the jury was admonished to ignore the comment Karman had no grounds for appeal in the fact that the DA made the comment.

Karman's defense called a Dr. Gilbert as an expert. He reviewed the autopsy report and medical records, an opined that Joyce did not die from a septic abortion. He was paid $150 for his testimony, ironically the same amount Joyce paid for the abortion.

The defense also appealed on the grounds that the the DA unduly prejudiced the jury by bringing out in cross-examining Karman that he'd been convicted previously of a felony. The appeals court ruled that this was proper impeachment of a witness.

Karman's defense further argued that Joyce's husband and friend, Patricia, were improperly granted immunity after they originally refused to testify.

Karman's defense also claimed that the prosecution failed to prove that the abortion wasn't necessary to save Joyce's life. But the appeals court found that the testimony of Ben and Patricia that Joyce had been in good health settled that matter. Of course, pure logic would prove that matter, since Joyce was seeking an illegal abortion from an amateur in a motel room. Had her life been in danger, an ob/gyn would have been able to admit her to a hospital and perform the abortion there.

An appeals court found that the district attorney's statement that what defendant did was "absolute butchery" was fair argument on the facts, and not an unduly prejudicious statement. It came out in the case that Joyce's husband was dating another woman and therefore had an interest in Joyce securing an abortion.

The Pardon

Though Karman had finished serving his sentence before Jerry Brown was sworn in as California Governor in 1975, Brown was enamored enough of Karman's work to issue him a pardon.

Joyce's abortion was unusual in that it was performed by an amateur, rather than by a doctor, as was the case with perhaps 90% of criminal abortions. However, it also stands out because Harvey Karman was treated like a real doctor by the abortion establishment. He was invited to train abortionists, and was celebrated by abortion advocates for having invented a suction cannula designed specifically for early abortions. Despite being an amateur, and despite the death of Joyce Johnson and the fiasco in Philadelphia, on his death Karman was eulogized as a champion of safe abortions.

Watch Pro-Choice Icon's Forgotten Victim on YouTube.

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