Infant Autopsy Performed Despite Parental Objection

by 6 ABC - Action News | May 18, 2001
Infant Autopsy Performed Despite Parental Objection ATLANTIC CITY, N.J — An autopsy performed Thursday on a 4-month-old boy whose Muslim parents had opposed it on religious grounds was inconclusive as to the cause of death.

The examination of Muhammad Tahir Ali showed no signs of traumatic injury, but the cause of death was not determined, a prosecutor said. Toxicology test results will be reviewed and the opinion of a pediatric pathologist sought before a decision is made on whether to file charges in the infant`s death, according to Murray Talasnik, first assistant Atlantic County prosecutor.

Ali, of Atlantic City, died early Tuesday at Atlantic City Medical Center after being taken there from his Wabash Avenue home.

Authorities, who consider the death suspicious, were refused permission to perform the autopsy by the boy`s parents, Sabrina Devine and Musa Ali.

The couple, who are Muslims, say their religious beliefs prohibit autopsies and require bodies to be buried within 72 hours of death.

After a hearing Wednesday in which experts testified that there was enough evidence to suggest that the baby had been suffocated or abused, Superior Court Judge George Seltzer gave the go-ahead for the procedure.

An appellate judge upheld the finding Thursday and ordered Dr. Elliot Gross to proceed with the autopsy.

"The fact is, what we`ve got is a 4-month-old child who`s alive, well and healthy and four hours later that child is dead and we don`t know why," Talasnik told the judge. "The state is not insensitive to the feelings of the family, but in this case we have a job to do."

Authorities said Devine told them she breastfed the baby about 1 a.m. Tuesday and put him between her legs so he would not fall off the sofa. When she woke up a few hours later, she said, the baby had stopped breathing.

Seltzer said he had no reason to believe the couple had acted improperly, but due to the circumstances, a post-mortem examination was warranted.

"The autopsy did not disclose any evidence of traumatic injury," Talasnik said. "Now, we`re going to wait to hear from the medical examiner before deciding how to proceed."

The baby`s body was released to the family for burial after the 2½-hour examination, which was performed at Shore Memorial Hospital.

(Copyright 2001 by The Associated Press. All Rights Reserved.)

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Author: 6 ABC - Action News

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