On April 6, 1955, Karman met Joyce in a motel room and, using a speculum, inserted a nutcracker into Joyce in order to perform an abortion. 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 using instruments on Joyce and said that he had sterilized them at home but had transported them to the motel room in a paper bag.

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.

Because the illegal abortion was not only a crime in and of itself but also a violation of his probation, Karman was sentenced to ten years in prison.

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 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 Joyce’s husband and friend 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.