Calgary police announced July 27 their investigation into so-called genetic terminations of newborns at Foothills Hospital produced no evidence of any criminal misconduct.

At the outset of the investigation, Const. Colin Acheson told me the only "witness" police had interviewed to date was me. Two months later, when the finding of "no evidence" was announced, I have to conclude I was the only witness interviewed by police.

On June 17, I provided police with my comprehensive file of notes and leaked hospital documents regarding the cases. These included extensive interviews with nurses. I reminded police I was not an eyewitness to the incidents and suggested they use the four-page list of nurses' names and phone numbers I provided. In return, the police asked me invasive questions about how many children I have, their ages, whether my husband and I are going to have more children, what my husband does for a living, whether I thought certain medical procedures involving newborns would be criminal acts, what I thought about a mother having a genetic termination to save her life, and how I felt about issues of reproductive choice.

They also asked how I knew the documents in my possession were from the Foothills Hospital. I pointed out that the Calgary Regional Health Authority went to court in April to demand the return of the documents they claimed belonged to them.

The documents in question related to sad, disturbing stories nurses told me of babies routinely born alive after late-term induced abortions. They shared their horror and distress at being forced to participate in these procedures against their will. They shared tehir horror and distress at being forced to participate in these procedures against their will. More than one nurse maintained that staff can only provide comfort to the unfortunate survivors of the procedure, not fluids, oxygen, or medical care.

They said they were sickened by being party to the delivery of perfectly formed, premature infants who underwent these terminations after incorrect diagnoses of genetic problems.

Police confirmed no nurses were contacted during their investigation. Obviously, with the nurses' jobs at stake, I would never reveal their names. But one irony of the CRHA's gag order is that it would have prevented me from releasing the names of nurses had I wanted to, even to police. The CRHA did, however, sue Alberta Report magazine and me for the names of my informants. The police say they can find no evidence that a criminal offence was committed in the death of this infant. They were unable to establish if the case they reviewed under search warrant was one nurses described.

"We haven't been able to confirm if the files we have, on the infant born at 35 weeks gestation, suffering from a host of problems, is the same child," said Constable Acheson on July 14.

During an interview with Constable Acheson's partner, Det. Jim McCaw, I asked if any nurses were questioned. The detective replied, "No. Nobody came forward." When asked if police talked to any nurses at the Foothills hospital, McCaw said, "No, we did not. We had written documentation."

Although I pointed out to Acheson what I felt were discrepancies in the hospital's many public statements, he said that "semantics do not form part of (this) police investigation."

Alberta Report's May 3 story featured a couple who voluntarily offered their side of the story. Their son was born after an induced labor at 26 weeks gestation. He survived more than one hour. The parents provided a photo of their baby before he died; they remarked without concern that their infant's care did not include fluids or oxygen. I gave police the family's name and phone number. To my knowledge, they did not speak to them.

McCaw asked me on June 17: "How would you feel if you lost a child, and the police called you later to do a criminal investigation and blame someone for the death?" During a July 14 interview, Acheson became irritated when I asked him who police had talked to. He shouted, "No, we certainly didn't talk to the parents! That's a decision made by the parents, how much treatment is given to the child."

His voice got louder and angrier as he said, "Why would we go up and call a woman who's been through this and ask her if the baby had been given fluids or oxygen… phoning [a] woman and making something out of something that doesn't exist because your nurses don't have the grit to come forward and not make nameless faceless allegations? Why would we phone [a mother] after what she's been through!

You're certainly not suggesting this was a criminal matter!"

On July 27, when questioned about police failure to investigate this case, Insp. Mike Cullen wanted to know if the parents of the infant had alleged any wrongdoing. I was unsure how this was relevant in a criminal investigation. More, Cullen readily admitted the police investigated only one case. No nurses were ever interviewed. Police did not talk to any doctors.

The hospital has admitted that there were 51 genetic terminations performed last year. They have admitted at least two babies were born alive because the attempted "terminations" failed. Acheson said he attempted to set up an appointment with Dr. Ian Lange after Lange told the media he'd cooperate fully. According to Acheson, he was contacted by Lange's lawyer immediately. Lange maintains he was never asked for an interview by police.

In my published stories, four nurses and the parents of the baby that died as a result of a genetic termination provided details.

Nora Kirkam, Shirley Popadiuk, and Roman Cooney of the CRHA were interviewed. All denied statements that appeared to be clearly evident in leaked hospital documents and memos.

When my questions became specific and persistent, the common response from all three was, "I have no knowledge of this. I'm not a doctor." Medical spokesmen for the hospital would not make themselves available for interviews. Two faxed requests for information sent to the CRHA and Foothills hospital did not result in any of my specific questions answered.

Can an investigation be considered thorough when police fail to interview each and every nurse who may have witnessed a genetic termination?

This case is not a moral and ethical debate over abortion, at least not for me. These children, once born, are Canadian citizens, handicapped and deformed or not. This case is about uncovering the truth about what really goes on behind closed doors on Unit 51 of the Foothills Hospital.

MARNIE KO IS A CALGARY-BASED FREELANCE WRITER.