NORFOLK, Neb. (KMTV) — It's a case getting national attention involving a Norfolk mother and daughter and what authorities say was an illegal abortion.
Court documents reveal Celeste Burgess, a 17-year-old Norfolk girl, now being tried as an adult, gave birth to a stillborn in her bathroom.
Celeste and her mother Jessica Burgess then drove the fetus to a property north of Norfolk and attempted to bury it, with indications they attempted to burn the evidence beforehand.
While investigating, Norfolk police noticed the teen's use of Facebook Messenger to confirm the date of the stillbirth which led detectives to get a warrant and then the data.
Officers say that data shows a conversation between the mom and teen discussing that both items of "stuff" came in and that the first one stops the hormones.
And that Celeste, who was 27 weeks pregnant, said she can't wait to get this "thing out of my body."
Now, Celeste is being tried on a felony charge of concealing a human body and her mom, Jessica is charged with performing an abortion after 20 weeks and performing an abortion without a surgeon present.
Since the news broke, there were questions about Facebook's role in giving its data to investigators. Its parent company, Meta responded saying it received valid legal warrants before the U.S. Supreme Court decision on abortion.
“The warrants did not mention abortion at all. Court documents indicate that police were at that time investigating the alleged illegal burning and burial of a stillborn infant,” said the statement from Meta.
Former Dean of Creighton Law School Patrick Borchers said Meta didn't have much choice.
"I don't really see what Facebook could have done and the search warrant wouldn't have to mention the word abortion,” said Borchers.
He points out there are hurdles for prosecutors in this case — proving Celeste and Jessica were the ones sending those messages.
"Authentication is not a small deal,” said Borchers. "You'd have to show that I'm the one who actually posted what's on there."
State Senator Megan Hunt questioned on Twitter this week “what justice looks like here.”
"Justice would be help and support for this woman and her family, not prosecution,” said Hunt. "The law was never meant to be used to lock people up for experiencing miscarriages."
Those who push to restrict abortion like Marion Miner with the Nebraska Catholic Conference point out it's illegal to send abortion pills through the mail and the FDA does not approve taking these pills after 10 weeks.
“Who is selling 10-week abortion drugs to a seven-month pregnant woman? What kind of risks was she exposed to? How can this happen at all?” said Miner.
While questions remain unanswered, two separate trials — one for the mother and the other for the daughter — are set for Madison County District Court this fall.
RELATED: A Norfolk mother and daughter are facing charges after allegedly aborting a fetus and burying them
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