Woman Accused of Posing as Certified Midwife

By RACHANEE SRISAVASDI

SANTA ANA (California)

A Ventura woman is accused of falsely representing herself as a midwife to a woman who tried to give birth last year at a Garden Grove home, prosecutors said today.

The woman’s baby was later delivered stillborn at a hospital, prosecutors said. Megan Marie Roy, 33, will be arraigned at 9 a.m. Friday on a felony count of unauthorized practice of medicine, according to the Orange County District Attorney’s office.

Roy was introduced to the pregnant woman through the woman’s actual midwife – who moved out of state before the delivery, prosecutors said.

Roy, who was not certified as a midwife, acted as one during the delivery on March 24, 2008, prosecutors said.

The baby’s father called 911 after several hours of labor and signs of physical distress, authorities said.

Roy is out of custody on $50,000 bail. She faces up to three years in prison if convicted.

NOTE BY DJEHUTY:

There seems to be a mission whereby State’s are now attempting to make money from the art and skill of naturally delivering babies. To compel midwives to be certified (licensed) is to regulate them and make money off of them – hey, certificates and licenses are not free!

In the case above, her are the main elements to focus on:

1. “Falsely representing herself as a midwife”

How did this woman falsely represent herself as a midwife? Was she not a midwife and claimed to be a midwife? This would have to be the case since the word or term “falsely” is being used. If the woman is a bona fide midwife meaning she has the skill and experience to deliver babies and has delivered babies before and is recognized in the community as being a midwife, she’s a bone fide midwife. It is skill and experience that makes a person bona fide, not a piece of paper called a certificate and is issued by some government agency after a fee has been received by the government agency.

2. “A woman who tried to give birth last year at a Garden Grove home”

Did this woman (and her husband) know the midwife before the birth? The newspaper column makes it seem that the midwife just appeared at the time of birth. I also wonder did this woman (midwife) have a contract for services with the woman.

Also, why is the midwife being blamed for the complications of the woman? History proves to us that babies are born regardless if anyone else is around. When they’re ready to come, they come! That’s why you hear or read stories about babies born in the backseat of cars, in the backseat of cabs, etc. They come when they are ready to come.

I experienced this with my youngest son, Anand. He came when he was ready and because it was just my wife and I in the room on that July Sunday evening last year, I had to be ready for his coming and I never delivered a baby in my life. But do you think Anand cared about my not having experience at delivering babies? Hell no! He was coming whether I was ready or not, experienced to deliver babies or not.

Would the government have come after me since I helped deliver a baby? Nope! Why not? Well, in this story, Megan Marie is alleged to have “falsely” professed to be a midwife, and myself (and so many others who have helped to deliver babies) did not profess to be a midwife. There’s a big difference in being a midwife and a person who simply helped to deliver a baby due to extraordinary circumstances.

Unfortunately, midwives almost always get the blame for any thing that goes awry at a home birth and this is not fair in my opinion. Midwives should not be blamed for a delivering woman’s physical or bodily complications, unless the midwife is responsible for doing something to adversely affect a delivering woman’s body.

3. “Megan Marie Roy, 33, will be arraigned … on a felony count of unauthorized practice of medicine.”

This should be easy for Megan to beat, presupposing she was in fact a skilled and experienced midwife, and/or had a contractual agreement with the expecting couple, and if her lawyer(s) are good.

NOTE: Certification is not needed to vouch for skill, experience, and expertise. Many certified individuals are inept and do serious harm to clients and customers. Certification is not automatic competence and security or insurance.

If Megan was working pursuant to her constitutionally secured right (under the 1st Amendment, 5th Amendment, and 14th Amendment), the law is clear in that the exercise of a constitutional right cannot be converted into a crime.

Consider the following legal precedent:

“No charge of willfulness or malice when decision is based upon the
Constitution.” U.S. v. Bishop, 412 U.S. 346

“The claim and exercise of a constitutional right cannot be converted into a
crime.” Miller v. U.S. (5th Cir. 1956) 230 F.2d 486, 489

“The claim and exercise of a Constitutional Right cannot be converted into a
crime.” A denial of them would be a denial of due process of law. Simmons v. United States (1968) 390 U.S. 377

“To punish a person because he has done what the law plainly allows him to do is a due process violation of the most basic sort.” U.S. v. Goodwin, 457 U.S. 368, 372

“A person may not be deprived of his liberty of doing an act which is not and cannot be made unlawful.” Ex parte Dees (App. 1 Dist. 1920) 46 Cal.App. 6566, 189 P. 1050

All Megan has to do is stick to her guns and claims of exercising her RIGHT to deliver babies under Freedom of Religion (Religious Choice) and Personal Liberty. These rights are protected by U.S.Const.Amend.1 and 14.

You see, the charge states “unauthorized medicine.” She must not identify with this claim or charge of “unauthorized medicine” because it doesn’t pertain to her from a legal perspective, whether she’s a certified midwife or not. Remember American people: all law is precise!

However, if Megan lied and said to be something’s she not and misled the woman (and her husband) or induced the woman (and her husband) to make a decision based upon said fraudulent claim, then a charge of “fraud” or “fraudulent deceit” would be most befitting against her. Fraud is a crime and civil tort in our society. When you defraud someone you have injured the person and the action is an actionable cause or cause of action under the law.

The term “medicine” is defined in law and the prosecutors must prove every element of a charge. Now, is delivering a baby considered “practicing medicine?” Not hardly and the law substantiates it.

Here is how “medicine” is defined in law:

MEDICINE/ The science and art dealing with the prevention, cure and alleviation of diseases; in a narrower sense that part of the science and art of restoring and preserving health which is the province of the physician as distinguished from the surgeon and obstetrician. Burke vs. Kansas State Osteopathathic Ass’n C.C.A. Kan., 111 F.2d 250, 253.

The law goes on to state: “The term is not limited to substances supposed to possess curative or remedial properties.” People vs. Kabana, 321 Ill.App. 158, 52 N.E.2d 320

Now what a minute, is pregnancy a disease? If a midwife (or any other person) helps a woman to deliver a baby, is the midwife or other person involved in the prevention, cure, and alleviation of disease? Of course not!

When you understand legal terms in general and the term “medicine” specifically, it cannot even be used in the charge because there’s no proof the woman administered medicine (pharmaceutical drugs) or attempted to prevent, cure, or alleviate any disease, unless the government has classified the natural act of pregnancy as some disease and just didn’t tell the American people.

NOTE: I have been warning you all for a while now to steer clear of certain words and terms that are used to bring you under the jurisdiction of government, the FDA specifically. Leave the word “disease” alone and focus on the opposite of the word “disease” (which is “health” and “wellbeing”) and you’ll be all right. Read my article “Focus on Health, Not Disease!” in the Dherbs.com articles section for more insight on this.

Well Djehuty, what about ‘People vs. Kabana’? That’s easy! The statute must specifically state the other applications of this term and it must state something to the fact that medicine also means delivering a baby or helping a woman to deliver a baby.

So, what does the actual statute that the woman is being charged of violating actually state? I’ll have to look up the actual statutory provision or code section myself and elaborate on it for the public in the future. I have to find out if she is being charged out of the California Business and Professions Code, Health and Safety Code, or even the Penal Code or Civil Code. More than likely, it’s probably the Health and Safety Code. I don’t know for sure but I will research and find out.

However, the statute they are using against Megan better be precise and specific (as to helping a woman deliver a baby) because the law is clear in that a statute cannot be enlarged to embrace matters not specifically pointed out.

Consider the following legal precedent:

“It is not the function of the courts, under the guise of interpretation, to make an act a crime where it has not been so classified or defined by the Legislature.” People v Redmond, 246 Cal.App.2d 852

Also,

“In the interpretation of statutes…it is the established rule not to extend their provisions by implication beyond the clear import of the language used, or to enlarge their operation so as to embrace matter not specifically pointed out.” Gould v. Gould (1917) 245 U.S. 151; United States v. Wigglesworth, 2 Story, 369; Benziger v. United States, 192 U.S. 38, 55

Medicine clearly deals with DISEASE and pregnancy is not a disease. Plus, people have the right to use whomever they desire, especially pursuant to contractual agreement. Americans are going to have to learn to start back contracting with one another, citizen to citizen, the way they do with corporations and government entities and agents.

But I don’t think the case with Megan is so cut and dry! Did Megan actually lie to the woman and tell her she was a “certified” midwife or is the prosecutor making her out to be a liar by defining her actions so as to fit a specific violation of some law (statute, code) so as to prosecute her? Prosecutors will stretch things so as to make a case and stay busy. That’s their job – to prosecute! They prosecute to get convictions so as to keep the Game and System rollin’ ahead, even if innocent people are unjustly targeted, framed, convicted, and go to jail.

I need to hear Megan’s side of the story as well as the delivering woman’s (and her husband) to really break matters down so the average person can understand what’s really going on here from a legal perspective. The prosecutor makes his/her case based upon secondhand information (in most cases) so the prosecutor is either using Megan’s words or the delivering woman’s (and her husband’s) words to make their case.

4. Roy was introduced to the pregnant woman through the woman’s actual midwife – who moved out of state before the delivery.

Based upon the above, Megan appears to not be a midwife but only a woman (perhaps who had the trust and confidence of the actual midwife) who knew and was recommended by the actual midwife who apparently moved out of the state before the delivery.

Megan’s real or actual status is not mentioned and thus unknown. Is she a midwife? Is she a doulah? Is she just a lay-person? We don’t know or can’t tell from the article due to the brevity of it. All we know is that she is being accused of practicing unauthorized medicine because she merely acted as a midwife.

5. Roy, who was not certified as a midwife, acted as one during the delivery on March 24, 2008, prosecutors said.

The article clearly states that Megan was not “certified” as a midwife but the law is clear in that a right (secured by the Constitution) cannot be converted into a privilege (certificate) and a license (or certificate) and/or a fee imposed for the exercise of the privilege. Megan and everyone else has a right to act as they will so long as they do not injure or harm others and willfully violate the laws of government.

I just hope Megan had a contract with this couple.

Also, I hope Megan knows that there is a religious freedom clause for midwives to practice or perform midwifery duties and functions here in California.

The newspaper article is alleging that Megan “acted” as a midwife, but does this mean Megan falsely or fraudulently told anyone that she was in fact a certified midwife?

If one acts as a midwife, especially under extraordinary circumstances, does that make the person a midwife?

When I helped to deliver my son last year under extraordinary circumstances (at least in modern times), was I acting as “midwife”? Was I falsely making the statement that I was a certified midwife simply because of my actions under the circumstances in helping my pregnant wife deliver our son?

Things have come to this (the need for authorized actions for basic life functions) in this country with government defining our every action and behavior because people, We the People, have allowed this tyranny. We could never again have a Revolution in this country because the majority of citizens don’t know their rights. When you don’t know your rights, privileges (government permission; license) are what you are given and every privilege given by government is denoted by a registration, certificate, permit, or license.

So if you don’t know your rights to be a midwife, the State will grant you the privilege and permission (via a certificate and a nominal fee) to act as a midwife.

Our rights have been replaced by privileges and all privileges are revocable by the source that originally or initially granted or gave the privilege.

Based upon the above, it is clear Megan has plenty legal recourse, but that’s actually for her attorney to know and enforce in court.

Since Megan had to post $50,000.00 bail, it is a statement that the State is going to move against her and attempt to lock her up and simultaneously make an example out of her.

State and federal governments are diametrically opposed to alternative and natural health and healing methods and modalities, including midwifery, because their sponsor (Big Pharma; pharmaceutical industry) is threatened by it.

6. The baby’s father called 911 after several hours of labor and signs of physical distress, authorities said.

This was the big NO NO that got authorities involved in the first place. The infamous “911!” phone call. Herbalist Tim Morrow of “University of Common Sense” and “TMI” told me a long time ago to never call emergency (911) if I could help it, because when you do, you open a can of worms and boy was Tim Morrow ever so right.

I can actually credit Tim with being the most influential person in my life at the time that helped steer me in the direction of freedom and sovereignty. It was Tim who really helped me to become aware of the power I had and could exercise against law enforcement and government, even before I became legally astute.

I am personally convinced that when government gets involved in anything, there will be trouble. Government does more harm than good and many good people get their lives messed up and destroyed due to trusting government to help them out.

This husband may have only been thinking about getting his wife help at the time and under the circumstances, but I’m sure that when the woman went to the hospital and either she or the husband explained the whole situation to the medical staff, a red light went off with hospital authorities; and I bet you that recorded “911” phone call served as backup against Megan.

Oh well, just another American citizen, more appropriately U.S. citizen, that has caught a case.

Thank you for reading!

This article is compliments of Dherbs.com and Djehuty Ma’at-Ra.

Additional articles by Djehuty available @ www.dherbs.com/articles/
Originally posted on soulvegfolk.ning.com

Related Posts

1. Sacred Woman: Queen Afua
2. Another Blow for Brothers and Sisters in The In-Justice System Wrongfully Accused
3. Saviours’ Day 2010: ‘I Am Woman’ workshop to help women awaken their Spirit of Excellence and Virtue
4. Police Slams Elderly Black Woman to the Ground
5. Erykah Badu on Homeschooling, Homebirths and More