Letters to Judge Kovner in Support of Kelly McDermott (Dkt. 56-1, E.D.N.Y.)

Summary

This filing collects letters to Judge Kovner asking for leniency in the sentencing of Kelly McDermott, a midwife. It opens with a letter dated July 26, 2024 from McDermott’s husband, Gary Edelman, who writes that McDermott met the bar of conspiracy as outlined in the indictment and should answer for it, but is not “anti-vax” and was not motivated by financial gain. The letters that follow, from patients, friends and colleagues, describe home births, free consultations and prenatal care given regardless of ability to pay. One patient, Shana Olson-Laake, writes of a first home birth with McDermott in June of 2011 and four more births since. The last letter is signed by Kimberly Ann Kelley.

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Full text

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Honorable Judge Kovner

lam Kelly McDermott's husband and | am requesting that what follows be considered in determining her
sentencing.

During the thirty plus years of our marriage | have witnessed with pride and amazement as my wife
created a service that deeply touched thousands of people. She accomplished this by welcoming all who
sought her care without regard for their ability to pay, their history, their race, religion, or ethnicity. Kelly
thinks of her practice as a ministry that is rooted in the principle of healthcare as a basic human right
and in recognition of the crucial importance to our society of supporting birthing women and families.

Unlike most practitioners, Kelly refuses to tell her clients what to do or make recommendations. Instead,
she provides extensive educational material and guidance in understanding current standards of care
and the evidence that does or does not support, them. Families are then enabled to make choices that
reflect their values. This represents a marked departure from standard medical practice where the
provider is the “expert”, and the patient is expected to submit to his/her wisdom. Kelly’s insistence on
being a supporter, rather than a leader, profoundly empowers birthing women.

This democratization of care is not a popular model. Both too much time and too much trust are
required. These are in short supply in a milieu where practitioners are pressured to produce 25 -30
billable encounters per day, and where women see multiple practitioners during a pregnancy and many
non-evidence-based protocols are in place for the convenience of the providers.

| am immensely proud of my wife and the work she has done. Choosing to take the harder road has not
been cost free. It has impacted our family and our relationship, but we deeply believe in the importance
of her model and the community it has engendered.

| know, as does Kelly, that her actions met the bar of conspiracy as outlined in the indictment. It is right
and fitting that she be held accountable for what she did. It is also right and fitting that she is not
accountable for what she didn’t do. Kelly is not “anti-vax”, her practice model renders her personal
opinions irrelevant, and she is fundamentally averse to any one size fits all dogma or doctrine. Lastly, the
notion that Kelly was motivated by financial gain is untrue and inconsistent with her long history of pro
bono and charitable works. Kelly cares, sometimes to my chagrin, less about money than anyone | know.

| fervently hope you will allow Kelly to continue the crucial work she has undertaken. Thank you for your
consideration.

Gary Edelman
July 26, 2024
Judge Kovner,
My name is Shana Olson-Laake, and I am writing on behalf of Kelly McDermott.

I first met Kelly as a patient considering a homebirth. I scheduled a 30-minute consultation
with her, free of charge, and after nearly two hours of speaking with her and of truly being
heard by her, I knew that this was a midwife that I could trust fully with own well-being and
that of my unborn child. I had my first home birth with Kelly in June of 2011. Since that
birth, I have gone on to birth four more babies into her hands.

Over the past thirteen years, with the many, many hours that Kelly has invested in me and my
family — all of our prenatal appointments going well over their hour allotment - I have gotten to
know Kelly on a personal level. She has gone from being a medical provider to a friend and,
now, to someone I consider family. There are not words that can adequately describe the
impact that Kelly has had on me as a woman, as a mother and, perhaps most importantly, as a
nurse and future midwife who has come to model the care I provide my patients after the care
that she has provided me.

Not only has Kelly served as a mentor to me along my journey as a birth worker - first as a
labor delivery nurse, then as a professional doula and currently as a lactation consultant-— her
financial contributions have helped make that journey possible. In June of last year, Kelly
financed the 95 hours of education needed for me to sit for the exam to become an
International Board-Certified Lactation Consultant, as well as for the exam itself. The total
cost of this was $1655. All that Kelly asked in return was that I use my knowledge and skills
to serve the Sage-Femme community.

She then included my breastfeeding-consultation services free of charge to any woman under
her care that needed them - paying me out of her own pocket.

There is another time that Kelly paid me out of her own pocket to serve a woman under her
care that is important for you to know about:

In February of this year, my contract as a travel nurse in Rochester, New York was abruptly
canceled, leaving me without income to support my family. At the same time my life was in
crisis, so was one of Kelly’s clients, Ly.

had survived a horrific sexual assault and, as a result, developed a crippling eating
disorder. Unfortunately, the body changes she experienced during pregnancy were a trigger
and her eating disorder worsened. Now 8-months pregnant and barely 100 pounds, she was
hospitalized in Albany for re-feeding. Once medically stabilized, Albany had no services to offer
her, and the nearest hospital with an eating disorder treatment program was three hours away.
Unwilling to be that far from home and her partner just weeks before her delivery, it seemed
she was out of options to stay well for the remainder of her pregnancy.

Until Kelly came up with one:

She found an eating disorder treatment program that was virtual and would allow Lauren to
stay home, and she hired me as a live-in nurse. For four weeks, until Lauren delivered her
baby, I provided nursing care in her home, monitoring her caloric intake and ensuring her
adherence the treatment plan. Kelly provided all of the food — out of her own pocket — and she
paid me — again, out of her own pocket — nearly $10,000 for the nursing services I provided.
Kelly went far above and beyond what was required of her - or what she was paid to do- asa
midwife to ensure the best outcome for two of her mamas in need.
When I asked Kelly why she did it, her answer was heartbreaking: “I couldn’t save my daughter
[from addiction], but maybe I can save her.”

Her youngest child, Celeste, died at the age of 21 from a drug overdose.

Regardless of her motive, going above and beyond for the women and families she serves in our
community is what Kelly McDermott does.

When she began serving the Amish and Mennonite communities, recognizing the devastating
genetic disorders that were plaguing the babies being born into her hands, Kelly partnered with
The Clinic for Special Children, a non-profit laboratory, to provide low-cost testing for genetic
mutations found in Amish and Mennonite populations. If families wished to have this but
could not afford it Kelly would — once again — pay for this out of her own pocket.

Just like she paid for the Welch Allyn OAE hearing screener. Unfortunately, hearing loss is
one genetic disorder that is prevalent among children in the Amish community. Having a
daughter of her own (Nina) who suffered from childhood hearing loss, Kelly recognized the
importance of early detection and purchased this $4900 piece of equipment so that all babies
could be tested in their first weeks of life.

This is who Kelly McDermott is.

I could give you many, many more examples - from the lending of her office space free of
charge to anyone offering birth services in the Capital Region to the end-of-life care she
provides in the Amish community — but I recognize that your time is valuable.

Kelly is a deeply compassionate human who gives freely of her time and energy. She isa
person truly invested in bettering the lives of all those she serves.

I implore you to take this into consideration when determining her sentence.
Losing her and all that she brings would be devastating to families of the Capital Region.
Thank you for your time and consideration,

Shana Olson-Laake
Dr. Andrew & Melissa Martin

9th September 2024

Dear Judge Kovner:

| am writing this character reference letter on behalf of Kelly McDermott for her
upcoming sentencing. | am sharing my personal story with the hope it gives
you a glimpse of who Kelly is beyond the limited interactions of court
documents and hearings.

| first communicated with Kelly late in the summer of 2021 when |
unexpectedly found myself pregnant with my 4th child. | had delivered my
three previous children at local hospitals under the care of first an OB and
then midwives. With this pregnancy, | found out that the midwife practice | had
used for my two prior deliveries had merged with another practice and was
now significantly larger. Due to concerns about the larger practice combined
with my own increased exposure to and interest in home birth, | started
researching home birth options in the Capital Region.

| identified every home birth midwife and obsessively reviewed websites,
social media and available reviews. After my extensive research, | settled on
Kelly McDermott at Sage-Femme. Her extensive experience, commitment to
patient-centered care, and dedication to under-served communities
(specifically the local Amish community) made my decision clear. | reached out
to her office and received a follow-up call from Kelly to schedule an initial
consultation. Meanwhile, | decided to keep my ultrasound appointment at the
other practice. It was during that appointment | found out that my little baby
was measuring small and had no heartbeat, signs of a likely miscarriage. |
reached out to Kelly’s office to cancel my appointment and shortly thereafter |
received the following text from Kelly:

“Hi Melissa... this is Kelly from Sage-femme midwifery ... prayers you get good
news later in the week. ,, ¢, ¢ Please reach out if there is anything | can help

with @”

| was shocked, never before had | received a text from a healthcare provider,
let alone one that | had never even met before. | never rescheduled my
appointment with Kelly as the pregnancy did result in a miscarriage.
The following summer when | found myself pregnant with my rainbow babyy, |
knew | wanted to see Kelly and called Kelly’s office to set up an appointment. |
was devastated to find out that Kelly’s schedule was full, and she couldn’t take
me. | knew | didn’t want to go back to my prior practice where | felt like a
number and would be shuffled between providers. | also knew, after my prior
search, that Kelly was the home birth midwife that | wanted to see.

| did the only thing | could think of which was to text Kelly. | asked if there was
any way she could squeeze me in. She quickly responded that she didn’t
know it was me and that she “would make room”. Only later did | find out that
“make room” meant she would deliver 12+ babies in the month of April
compared to the more typical 6!

Throughout the next nine months, | came to find out that the heartfelt text |
received a year previously and the willingness to make room is quintessential
Kelly... caring for the women that are under her care in a deeper, more
personal way and that she every day sacrifices her own personal comfort and
wellness to care for those who entrust their health and lives with her. She is
available and answers calls at any time of the day or night, no matter what she
is doing. She puts the care of her clients first: many of my appointments were
on Saturdays or Sundays because those were the only days that she could fit
everyone in... including on a Sunday that was her birthday!

Over the coming months my knowledge of Kelly’s care only deepened; she
took the time to research extensively the different approaches and options
available to pregnant women and shared them with me to educate me so |
could make decisions that | felt were best for me. For example, at previous
practices, | was always expected to receive the flu vaccine. Instead of a
blanket recommendation or refusal, Kelly provided information on the pros and
cons of the flu vaccine and when | decided to receive it, | was promptly
provided the vaccine in her office.

Over the course of my pregnancy, | was personally cared for in a way that | did
not experience with my prior pregnancies. Kelly focused on making me as
comfortable and healthy as possible. | received recommendations for sleep
aids for my insomnia, KT tape for my aching belly, aspirin after a bout of COVID
mid-pregnancy, liquid iron for my anemia, to list just a few. These were
recommendations that were tailored to me and that | had never received from
any other provider.

And after 39 weeks, because of Kelly, my beautiful baby boy was born in my
home in the early morning of Easter Monday; all 10 lbs 14 oz of him after a few
hours of labor, less than 20 mins of pushing and no stitches. Because of Kelly,
my three kids were able to wake up and find their new baby brother in bed
with mom and dad. They were able to hold him in his first hours of life and start
forming a bond of love and adoration that continues to today. This peaceful,
beautiful outcome was possible because of one woman who has dedicated
her entire life to following the call of a mission so much higher than just an
occupation. She sacrificed her comfort to serve me, and my story is just one of
hundreds, if not thousands, of women who have been cared for by Kelly’s
capable hands and loving heart.

More than thirteen years ago, | was sitting in a law school classroom
participating in hours of lectures and discussions on improving and optimizing
our justice system. Despite the hours spent, we never came to an optimal
solution for sentencing and justice. But here in this case, | know deeply and
personally that there is no justice served in keeping Kelly from continuing with
her mission of supporting women. And | hope that by telling my story, one tiny
piece in the life of Kelly, you see the truth in that statement. The only impact in
removing Kelly from society would be to deprive women from receiving
comprehensive, informed care and love that is so starkly missing from
conventional practice. For this reason, my husband and | so deeply believe
that justice and our community is best served in allowing Kelly to be free.

Sincerely,

Melissa S. Martin, JD

University of Michigan Law School, 2012

Andrew Martin, Ph.D, Materials Engineering

University of Michigan, 2013
Rebecca LaBombard

@gmail.com

September 18, 2024
Dear Judge Kovner,

| am writing a character reference to you for Kelly McDermott, a midwife | have worked with both
personally and professionally. Personally, Kelly provided midwifery and well-woman care
services to me after the birth of my first child, and provided care to me through my second and
third pregnancies as well. | received the best health care of my life during that time. Her
approach is individualized, high-quality, not rushed and is consent forward. It is warm, caring
and compassionate. The consent forward piece is important to note in more detail here; she's
the first and only healthcare provider I’ve had in my 40+ years on this planet who asks before
touching during any exam or appointment. Her approach in this manner truly made me feel like
| was in control of my own body in a health care setting - an experience | had never had prior to
being in her care. It made me feel safe, empowered and in control. | can only imagine the
comfort that would bring someone with a history with sexual, birth or medical violence. She
fosters a welcoming and supportive environment where | always felt heard, respected and that
each decision made about my body, my care and my birth was collaborative and that | truly had
a say in what happened to and with my body and for my babies.

From my professional perspective, Kelly is incredibly generous with her time, resources, space
and mentorship. | am currently a lactation professional in private practice and | wouldn’t have
built a successful business without her help, guidance and generosity. She shared business
savvy knowledge with me, helped me to get started, would be a sounding board for tricky
situations, provided me an office space and teaching space free of charge to see clients and
run classes, and helped me navigate the world of small business life without asking for anything
in return.

Kelly’s combination of attentive, consent-forward care and her generous spirit make her an
important part of the birth world at large and within our community.

Sincerely,

Rebecca LaBombard
Dear Judge Kovner,

My name is EM, | am 8 years old. The first time | met Kelly
McDermott was when | was born. She helped birth myself, my mom, my
brother and a lot of my cousins. | am thankful she kept my mommy safe.
She is the best! When | first saw her office for one of my Mom’s
appointments, it was very welcoming. There were toys for my brother and |
to play with. After the appointment, she gave my brother and | an organic
lollipop for being so good. Of course she asked our mom first. She is
amazing, nice, kind, beautiful, heartfelt, all the things.

From,
Sage-Femme Midwifery PLLC 959 Washington Ave.

Albany, NY 12206

Ph (518)813-9290
Fax (518)813-9291
www.sage-femmemidwifery.com

www.facebook.com/SageFemmeMidwifery

July 22, 2024

Dear Honorable Judge Kovner,

| am writing to you today to request leniency in the sentencing of Kelly
McDermott. | have known Kelly since 2017 after seeking midwifery and homebirth
care for my second pregnancy and birth. Since then, | have had my third son
under Kelly’s care and guidance and am currently 20 weeks pregnant and seeing
Kelly again for medical care. | also began working with Kelly in August of 2023,
assisting in the midwifery office and at births around the region.

| have seen firsthand the passion and high level of care Kelly feels for her
clients, as a patient myself and while working with her. Kelly makes her patients
feel empowered by using informed decision making with her clients. She gives her
clients the options and risks of each option and then allows them to decide what
option is best for them. Whether the discussion is about ultrasounds,
circumcision, vaccinations, VBAC (vaginal birth after cesarean) or any other
choices that parents must make throughout the course of their pregnancy. Sage-
Femme Midwifery is a practice rooted deeply in the idea that people need to be
allowed to make their own decisions, an idea that is so often overlooked and
pushed aside.

Kelly cares for several religious populations who strongly believe in the will
of God. She cares for people who distrust the medical system, who have been
mistreated or neglected by doctors and in hospitals. Often, she has nurses and
other medical staff as patients, as they see the flaws in the system and seek an
alternate avenue. All of these individuals seek Kelly’s care for her compassion, her
judgeless listening, her depth of knowledge, and her decades of experience.

Not only does Kelly provide exceptional care to the women of the capital
region, she also has a giving heart and consistently donates to those in need.
Sage-Femme collects diapers, breast milk, previously loved pregnancy belts, baby
clothes or breast pumps to distribute to mothers in need. And has had several
fundraisers for Street Soldiers of the Capital District, Things of My Very Own and
The Food Pantries of the Capital District. The Sage-Femme Studio space has often
Sage-Femme Midwifery PLLC 959 Washington Ave.

Albany, NY 12206

Ph (518)813-9290

Fax (518)813-9291
www.sage-femmemidwifery.com
www.facebook.com/SageFemmeMidwifery

been used for birth preparation classes, birth talk gatherings and parenting group
get-togethers. Kelly will often cover supplements that a patient needs but is
struggling to afford. | have seen her waive birth pool fees, reduce care fees for
uninsured and underinsured patients.

Kelly McDermott’s priority has been first and foremost to her patients. Ina
world where policy and procedure reigns above all else, she has created a practice
that focuses on the individual and what their wants and needs are. She has
created a space where all are welcome regardless of socio-economic status, race,
religion or any other divisible characteristics. It is my hope that she is allowed to
continue providing exceptional care to the women and babies in the capital
region.

Thank you for your consideration of this letter in your decision making,

Emily Opalka
=

From: Jamie Speziale @gmail.com>
Date: September 22, 2024 at 23:10:17 EDT

To: Kell
Subject: Character letter

Dear Judge Kovner.

I'd like to introduce you to the Kelly McDermott I know and love.
Kelly and I met 16 years ago right before I became pregnant with my
first child.

After experiencing horrendous care through a different practice, a
friend of mine recommended I see a midwife (Kelly) for the best care
I needed as a woman, but also eventually for when we started a
family. I figured I had nothing to lose and everything to gain. My
first visit with Kelly was a relief. A breath of fresh air. I felt seen, and
heard. Immediately I knew I was going to be well taken care of, and I
felt like I was in the best hands possible. When I became pregnant I
had all my prenatal visits with her, up until the end of my pregnancy
when Kelly told me she was leaving the practice and was opening her
own business. I was horrified of what other cared if receive so I knew
right then and there, without a doubt, I was following her. She
mentioned the phrase “home birth”, and although it seemed kinda
scary, I was all in and it continues to one of the best decision of my
entire life. I had grown to trust Kelly, and although my pregnancy
came with risks, she had so much knowledge and guided me every
step of the way to make the best decisions for not only my own health
but also my baby. Kelly showed me resources and gave me so much
information about home birth and all the many details that it entailed.
She was very detailed and organized and let me see and feel that I
had options for my course of treatment outside of the regular medical
world and their rules. That maybe just maybe there is not just one
way, and that having open eyes and the right resources, things could
be different. Unless it was a matter of death and intervention was
absolutely required, my health became my voice, and that drove me
to became who I am today. I made my own rules and it was amazing!
As I grew as a person and learned so much about birth and my own
health through Kelly’s wisdom, I shared all my new found
knowledge with my husband and my family and friends. My eyes
were opened to a whole new world and my confidence boosted like
never before. My family noticed, and although skeptical, they trusted
me and ultimately learned to trust Kelly. It’s been 15+ years and I’ve
been fortunate enough to have Kelly by my side in birthing 5 children
of my own. She has become not only my midwife, but my best friend
and second mother. I’ve been lucky enough to have the rare privilege
of getting to know Kelly on an extremely personal level, and we’ve
shared our lives together. I’ve watched Kelly over the years give
100% of herself, completely selflessly, often sacrificing herself
and/or own family, for others. I’ve watched her be the biggest Mama
Bear known to man and go to bat for all of her children. I’ve watched
her stand by her husbands side and respect him, all while he’s
honored her and her calling. That same instinct I witnessed, she’s
done not only me but my children, and also my own family. I am just
one of the THOUSANDS of people, including the Amish
community, who’s life has been changed because of Kelly, and I can
only praying that one day I’ll become .5% of the woman she is. There
is not a single person who truly knows this woman and her heartbeat
and love for people, that could say a bad word about this woman.
Your Honor, I beg for leniency on Kelly as you consider her
sentencing. Taking Kelly away from serving people would be
detriment to our society, as so many people truly need her. Please,
learn this incredible woman and hear people’s testimony. Ultimately,
please please have mercy on her.

Thank you for your time.
Respectfully,
Jamie Speziale
From: Jordan Fruchter

Date: August 1, 2024 at 08:54:07 EDT
To: Kell
Ce: leahgb94
Subject: Character Letter

Jordan and Leah Fruchter

July 30th, 2024
RE: Kelly McDermott
To The Honorable Judge Kovner:

By way of introduction, my name is Jordan
Frucher and I am writing on behalf of Kelly McDermott.
I am an attorney at Goldman Sachs where I provide tax
advice to high net worth individuals. I am exceedingly
confident that my job (which essentially entails helping
the rich get richer) is not exactly making this world a
better place. On the other hand, I can unreservedly say
with that same degree of confidence that Mrs.
McDermott is making the world a better place.

This is the first time I have ever written a character letter
and I confess I do not know the best way to proceed. I
think it would be most useful to relay how much of an
overwhelmingly positive impact Mrs. McDermott has
had on my family’s life by providing the details of the
birth of our first child, . am certain our family is
just one of the hundreds (if not thousands) of families
that could share a similar story of Mrs. McDermott.

Mrs. McDermott came into my family’s life
when my wife, Leah, became pregnant in October 2022.
My wife wanted to give birth at home rather than at a
hospital. While I was supportive of my wife’s decision, I
had my reservations about homebirth. This was our first
pregnancy and I had no frame of reference. Wasn’t this
risky? What if something went wrong during birth? What
if the midwife wasn’t able to make it in time and I had to
deliver our child? Despite my reservations, we moved
forward with the idea of a homebirth and searched for a
midwife.

Upon a recommendation from a mutual friend,
we met with Mrs. McDermott to see if we wanted her as
our midwife. After our initial meeting with Mrs.
McDemott, I cannot say all of my worries were
immediately relieved (I can be quite the pessimist), but
she did alleviate many of my “what if’ concerns. As we
worked with her over the next several months, my
concerns faded away as I came to appreciate Mrs.
McDermott’s wisdom and overall approach. When we
first learned of the allegations against Mrs. McDermott
in April 2023, we understandably troubled as my wife’s
due date was about three months away. To clarify, our
concern was not about the charges against Mrs.
McDermott per se, but rather whether Mrs. McDermott
would be available to deliver our child. At no point in
time did we ever consider switching to a different
midwife after learning of the charges. I want to be clear
that I am not downplaying the seriousness of the
allegations. It is just that regardless of whether the
allegations were true, my view is that it did not negate all
of the experience and knowledge of Mrs. McDermott.
Mrs. McDermott was our midwife and we were going to
stay with her.

My wife went into labor on July 13, 2023. There
is a lot of that day I will remember and there is much that
I have forgotten. It is hard to describe. It is
simultaneously blurry and crystal clear. I will never
forget watching Mrs. McDermott assist my wife with her
labor. Have you ever watched in awe as a skilled
professional plied their trade? Someone who has honed a
craft over countless years of hard work and
perseverance? That was me watching Mrs. McDermott.
This woman was meant to deliver babies. Any doubts or
concerns that I had with the home birth and Mrs.
McDermott evaporated over those hours of delivery. I
could attempt to describe everything that Mrs.
McDermott did that day for my wife and my son (Hi).
but my words would not do it justice. However, I would
be remiss if I did not recount two moments from that
day. The first moment was when our son was born. He
came out with the cord wrapped around his neck,
struggling to breathe and blue as a blueberry. I am not a
doctor, but I believe the proper medical term for such a
condition is “really bad.” Now I should have been
panicked or at the very least highly anxious watching
these events unfound. Instead, I distinctly remember that
I was at a complete peace in the moment knowing that
my son’s life was in the very capable hands of Mrs.
McDermott. I watched as she calmly and gracefully
unwrapped the cord around my child’s neck and breathed
two puffs of air into my son’s lungs. He finally coughed
and began to breathe. She then handed my wife our very
much alive and healthy son. The second moment from
that day came about an hour later as my wife and I laid
on the bed with our son. As we revisited the events of the
past several hours, we kept coming back to how amazed
we were with Mrs. McDermott. From that moment going
forward, we recognized one simple truth. Kelly
McDermott is our midwife. She will always be our
midwife.

As I write this letter today, my wife is 30 weeks
pregnant with our baby girl, -Her due date is
October 9th which is just a couple of weeks before Mrs.
McDermott’s sentencing. Now that Mrs. McDermott has
pleaded guilty to the allegations, one might ask whether I
am comfortable with a felon delivering our child. It is
admittedly a bit of a surreal question. My view is that a
person should not be defined by their mistakes. It is
reductive and overly simplistic. If I defined Mrs.
McDermott by this conviction, it would ignore who Mrs.
McDermott is as a person and all of the good she has
done helping families like my own. So, the answer to the
question is simple: I trust Mrs. McDermott with my
daughter’s life. We are excited to welcome Mrs.
McDermott into our home to help deliver our daughter in
October. Kelly McDermott is our midwife. She will
always be our midwife.

Regards,

Jordan & Leah Fruchter
From: Bronwyn Fackrell @gmail.com>
Date: September 19, 2024 at 19:47:35 EDT

To: Kell
Subject: Dear Judge Kovnar

Dear Judge Kovnar,

My name is Bronwyn. | am the mother of five children. | have a
master’s degree in genetics and my husband is a nuclear engineer
working a defense contract. We are practicing members of the
Church of Jesus Christ of Latter-day Saints, and our family is our
first priority. | learned the hard way that although most maternity
care practitioners are kind and competent, too many are callously
bound by protocol, even if those protocols can physically or
emotionally damage an individual patient. Three births under this
system left me scarred and scared of my options for a large family.
The third birth especially left its mark with an early preemie who is
now thankfully a thriving teenager. But in the wake of this birth, |
was told that my choices were limited to none for any future
children, should | be insane enough to have them. | was only
“allowed” to give birth in one and only one way. In a culture that
spends so much energy on so-called reproductive rights, little to no
resources are spared for choices in childbirth.

Enter Kelly McDermott. | met her early in my fourth pregnancy,
seeking real and honest discourse about my situation and the
probability of various outcomes. She was direct and forthright but
also compassionate about how her maternity care colleagues had
treated me. She listened to my whole story front to back and sat
with me through all the decisions. She did not push me toward any
conclusion, simply went over with me what was known and
unknown about my situation. No OB had ever done that before. Not
one. In the end, | gave birth with Kelly and an OB sitting side by
side while | pushed my daughter out with no medication. | felt like |
had the best of both worlds and the natural high stayed with me
long after.

When it came time for my fifth baby, Kelly and | together agreed on
a home birth, considering everything had gone so well with my
fourth baby. That pregnancy had its own challenges however,
when my father passed away two months before my due date. The
grief took its toll on my body, and | am positive that any other
maternity care practitioner would have pushed me toward the OR
instead of helping me work with my body to give birth to an
incredible, healthy baby, who is today a smart and ambitious eight
year old.

| don’t have words to express the dearth of the kind of care Kelly
provides in our current health care setting. Sometimes it seems like
the system is set up to serve itself more than doctors and patients.
There is no time for hour-long appointments, and labors that might
take several days with the same person by your side. This
approach is life saving. Removing it from a community that is
already strapped for options will directly impact the health of
families all across the region. Thank you for considering this in your
rulings. A community depends on it.

Bronwyn Fackrell
From: Michael Rankin @gmail.com>
Date: August 12, 2024 at 18:48:54 EDT
To: Kelly McDermott

Ce: Jenn Rankin <jen
Subject: letter to judge for Kelly McDermott

Dear Judge Kovner,

I'm writing to share mine and my family's personal
experiences with Kelly McDermott and our impression
of her as a person, medical professional, and client of
mine. We have known Kelly McDermott for over 12
years. She has delivered 3 of our 4 children. Our first
son im was born under the supervision of a medical
doctor who employed a team of midwives. He was born
in a local hospital here in Upstate NY. The experience
was less than stellar. We never felt like we had an
advocate in our corner or a personal connection with the
midwife team. We were just another widget in the
assembly line. In addition, my wife, Jennifer, was given
poor advice that she should start pushing in labor much
sooner than she was actually naturally supposed to (we
found this out from Kelly later on and that impacted all
future births which were night and day differences).
This was a very painful experience that led to tearing.
Then the overall hospital experience with a newborn felt
so disruptive to the peace and rest needed after giving
birth. We didn't know better until we met Kelly.

11 months later we were introduced to Kelly by some
close friends. As a skeptic I was already defensive and
didn't expect to like Kelly. But then we met her. I still
remember the night at her office for our first
appointment in downtown Albany after normal working
hours. It was clear within minutes that this woman was
the REAL DEAL. She was compassionate, kind, caring,
empathetic, and clearly had the expertise and knowledge
and overall competency we were in need of. She was a
servant to mom's and families. She also cared for dads :-
)!! [have a high level of discernment and knew Kelly
was not like the rest of the medical community we have
experienced. She wasn't about the transaction or the
money. Like a doctor who takes an oath to do no harm,
Kelly would do no harm to our family if it was within
her power to do so.

She always kept her word, listened, never rushed us,
always had time, always returned calls, lived a visible
life of sacrifice for her patients. She even bought a
vehicle that would enable her to sleep in the back so she
wouldn't miss a birth. She was risk adversed and
prepared us for the worst. She always had our evacuation
plan ready. When birthing day came was when she
really shined. She is truly the master of her craft. Her
intuition and experience has allowed her to remain calm,
never an alarmist. Even when things would go sideways
she kept a calm demeanor so as to not hurt the emotional
state of mind of the mom and dad. She had a calming
presence about her. She was a mom to more than just her
own kids but to hundreds of new mothers. We trusted
Kelly with our life and the life of our kids. We felt no
safer place than with her nearby. My father in law was
also incredibly impressed with her on the birthing night.
I remember him being in awe of her when he came to
support us the night of the birth. You have to experience
it. Just come attend a birth and you'll know the kind of
woman she is.

We saw first hand her financial generosity to those
around us. I often scolded her to make sure she got paid.
I tried to give the business advice to better run her
business but it wasn't about the money for Kelly. Kelly
not only birthed babies but created a community at Sage
Femme. Every year all of the families who had birthed
her would come to see her every year and bring their
families for a large-scale Sage Femme reunion.

Families who had one common denominator... They
wanted to be treated with respect and as a person not
another number like the medical community tends to
treat people. You don't know true care until you receive
it. I would joke for years that if we ever had more kids
we'd fly across the world just to have her birth our child.
We'd plan our pregnancies around her schedule. Find me
another midwife with this loyal following.

Is Kelly stubborn and a rebel at times. Yes. Does she fit
into the box insurance companies want her in? No! She
won't play their game. We need more true doctors nurse
practitioners and medical servants to rise up and do what
is best for the patient like Kelly and not their bottom
line. Kelly is tough. She'll make it through whatever
comes next. She is a survivor.

Lastly, I also was able to work with Kelly

professionally as I am in the mortgage industry. She was
always respectful and professional. She lived to serve not
to be served. She operates with a high level of trust in
others and that exposes her to others taking advantage of
her. I have encouraged her to build better boundaries and
safeguards. I don't think any midwife could keep up
with her pace of love and service and dedication. I know
that whatever happens next Kelly will bring positive
change and impact for the greater of women's freedoms
and rights and families protections for all classes of
people whether poor, rich, white, brown, black, straight
or gay etc. She loves all people.

I'm thankful for Kelly and how she has shown so much
love to our family! I hope this letter helps in better
understanding her character.

Sincerely

Mike and Jenn Rankin
From: Katelyn Adams
Date: August 31, 2024 at 09:58:09 EDT
To: Kell
Subject: Letter to Judge Kovner

Dear Judge Kovner,

| am writing to share how Kelly McDermott cares for her
Community, her families, and her mamas ( patients). She has
selflessly given so much of herself to so many. Kelly has provided
much-needed food, care, clothes, air conditioner units, birthing
equipment, cleaners, doulas, massage therapy, chiropractic,
medical assistance, care, advice or counsel, breast milk from
donors, and a myriad of supplies to support growing families. |
have seen her give of herself, her time, her finances, and her love.

Kelly McDermott has been a support to the community, providing
mothers and growing families with resources including; labor
support, postpartum care, and Grief support. This includes the
Amish Communities, with whom she is one of the few supports and
resources and providing access to their communities to modern,
safe, medical care. Due to their closed community the Amish deal
with many significant birth defects that Kelly has supported the
community through and supported families with much higher
instances of loss. If she was to be unavailable | am genuinely
concerned as to who they would trust to care for them or who
would offer services for free or barter. Not many healthcare
providers will catch a baby for a chicken anymore.

| will share my personal experience with Kelly, | have had the
privilege of having 4 out of our 5 children with her to guide us. | will
share a story of 4th child, this was by far my most difficult
pregnancy as | was diagnosed with Melanoma, a life-threatening
form of skin cancer. Kelly and her staff were critical support to us
as we navigated when to have surgery as | was 32 weeks
pregnant.

Kelly was the one who felt that the mole that | had should be
looked at and due to her concern, my Dermatologist took it off ( we
had laughed that it looked like a keratosis and something older
people get, it did not look like cancer). After sending it to two labs
and testing for cancer, first not knowing that | was pregnant and
then knowing that | was pregnant, doing a special test that would
only confirm that it was cancer, all tests came back positive that
this was melanoma.

Through the tedious decisions as to what to do and how to
proceed, | met with two hospitals, three surgeons, and two
anesthesiologists, but no one wanted to speak to the fact that | was
PREGNANT. Finally, one maternal-fetal specialist, addressed and
offered a plan on how to proceed considering both me and my
child, Kelly came to that apt. | was thinking that | would wait to have
the surgery to excise the entire area, as my options were to have
the surgery within a week or wait a month so the baby would be
further along. In that Apt. with the Maternal Fetal Dr. he definitively
said with melanoma we do not wait and spoke to our child and
encouraged us not to wait. He also recommended that we have the
placenta tested to make sure that our son did not also have
melanoma. Kelly helped us make that decision and we had peace
moving forward with the surgery and | know that my husband was
relieved that she was there helping us as | was determined to wait,
thinking that was best for our son.

Kelly had even gotten permission from the hospital to have her staff
there for the surgery in case anything with the baby happened.
They kept an eye on me and my vitals and monitored our baby. |
honestly think that she saved my life and our son's life by giving me
the clarity of mind to have that mole tested, to encourage me to go
ahead with the earlier surgery ( this was an aggressive cancer that
| fought again a few years later stage 3 ), having her involved with
the specialist and the hospital made me feel safe and like we had a
good plan moving forward and that both patients (my son and
myself) would be well looked after in that surgery.

| had to undergo radiation dye and make sure they tracked the
lymph node, took out the area, and was under anesthesia all while
being pregnant. Kelly went above and beyond, how to detox from
radiation and assured me that our son and myself would make it
through the situation, She was there and present for me. She
tested the placenta after birth as well and walked us through the
waiting to find out if it had cancer. | Know she had other mamas she
was caring for and yet | felt like | was her only patient, | was cared
for as part of her family. | am forever grateful for her care,
guidance, wisdom, and support. | am one person who truly may not
be here if it were not for her care.

| Know that there are mamas that she is caring for who need her to
be able to do the work she is called to do; to support mothers in
their prenatal care, birthing process, and post-natal care. She is
working tirelessly 24/7 she will take calls any time. Mastitis? Call
Kelly. Yeast infection? She takes calls on weekends. Baby has
thrush or is not latching or you are unable to nurse? Kelly is always
a call away. She has a community that relies on her, families that
will only go to her and may not receive much-needed medical care
including the Amish. Mothers who rely on and need to glean from
her ways as a Sage Femme, wise woman.

Kelly McDermott is a valuable asset to the community, | know
many women, their babies, and their families who are relying on
her for the high-quality care and wisdom that she offers. Please
take into account all the families that she is walking alongside,
through healthy pregnancy, loss, infertility, genetic issues,
abnormalities, cancers, and sicknesses while pregnant. Kelly has
been a support for these moms, families, and communities and a
safe haven for those who had nowhere else to turn. She has
always provided informed consent, evidence based care and is a
desperately needed pillar in the community.

Please allow her to continue to offer the services she does without
restrictions, the community needs her, her families need her and
the mamas who she serves need her. Please show mercy in this
situation as you hold the weight of the hearts, and futures of the
families in our community and in the capital district in your hands.

Thank you for taking the time to read through this letter and my
story.
Warm Regards,

Katie Adams
From: Leah Caras
Date: August 29, 2024 at 10:50:01 EDT
To: Kelly McDermott
Subject: Letter to Judge Kovner

Dear Judge Kovner,

| am writing to express my highest respect for Kelly McDermott, a midwife
who has provided exceptional care to me and many women in my
community. | have had the privilege of knowing Kelly for over ten years,
and she has attended six of my births, as well as provided prenatal,
postpartum, and well-woman care for me. | have witnessed firsthand her
dedication, expertise, professionalism, and compassionate nature.

When | first met Kelly, | was pregnant with my second child, still finishing
college, and my husband was an elementary school teacher. From the
beginning Kelly made it clear that her top priority was providing a safe and
respectful birth experience, regardless of our ability to pay. Kelly has been
willing to work with us (and many other families) on a “pay what you can”
basis. This commitment to equitable healthcare has ensured that women
from all socioeconomic backgrounds have the opportunity to receive
quality midwifery care.

As a member of the Orthodox Jewish community, | have been particularly
impressed by Kelly's cultural sensitivity and familiarity with our laws,
customs, and holidays. Her understanding of our unique needs has made
her a treasured resource within my community, and | know she has served
the rural Amish community in a similar way. Without her services, there
would be no one to fill this void. Her dedication to providing culturally
appropriate care is a testament to her commitment to serving all
individuals, regardless of their background.

Each appointment with Kelly is a breath of fresh air from the typical
rushed, tech-centered healthcare that has become status quo. Each
appointment lasts a full hour, and Kelly wants to hear about all aspects of
my prenatal journey — such as life stresses, nutrition, preparation for birth
and postpartum, and any concerns or questions that have come up. She is
up-to-date on the latest evidence-based practices, and clearly discusses
the pros and cons of any procedure or intervention. | have also been so
appreciative of her availability to answer any concerns around the clock.

| wholeheartedly endorse Kelly and look forward to continuing to receive
her care.

Thank you for your time and consideration.
Sincerely,

Leah Caras
Honorable Judge Kovner,

| am writing to you on behalf of Kelly McDermott. Kelly has served as my midwife for the birth of both of
my children and | have come to regard her as a friend and mentor. | am aware that Kelly has pleaded
guilty to a felony, however it is my firm belief that our community will be much better off if you choose to
show mercy in your sentencing decision.

Kelly is without a doubt the one of the most caring and selfless people | know. She works tirelessly to be
everything everyone in her circle needs. She has truly dedicated her life and passion to helping the
community at large - even beyond her dedicated work as a midwife. If Kelly sees a wrong or a gap in
support for her clients, patients or friends she immediately gets to work to see what it is that can be done
to fill that gap.

Kelly has mentored countless individuals over the years to pursue their dreams of also helping others as
nurses, doulas, midwives, and more.It was her spirit of service and tireless dedication to ensuring that |
had the support | needed through my pregnancies, births, and even now as | navigate the adventure of
motherhood that inspired me to pursue my own way to contribute to the perinatal support space. | am now
able to support parents and caregivers in our community and around the world as a babywearing
educator, all thanks to the example, inspiration, and support that Kelly has provided.

| have never felt better informed or more supported to make my own decisions about my health care than
when | have been a patient with Kelly. She is the embodiment of informed consent in a medical system
that often seems to keep patients in the dark, especially birthing mothers. Kelly is the calm in the storm
that is conception, pregnancy, birth, and parenthood supporting not just her moms but the whole family
unit. When | am under her care | look forward to each appointment as a time to learn something new and
catch up with a friend rather than an uncomfortable necessary experience to simply get over with.

Kelly continues to serve the best interests of her patients when the going gets tough. When insurance
companies wrongfully refuse to pay for the work she does, she has often offered her service pro bono to
ensure her patients get the level of care they need and deserve. She has partnered with lactation
consultants, doulas, childbirth educators and other professionals, often paying for these services out of
her own fees, to ensure that her patients have access to the support they need for all stages of their
journeys. She has spent decades working with the underserved communities of the Amish, taking the
time necessary to build trust and rapport needed to work in this traditionally closed community. It is my
firm belief that her work has and will continue to save the lives of babies and mothers for as long as she is
able to serve. If Kelly’s model of care became the standard in the US we would be looking at an entirely
different landscape for the perinatal experience.

The COVID pandemic was an unprecedented time in living memory. We all struggled to make the best
decisions we could in the face of worldwide panic and confusion. Conflicting information was everywhere
and even now when many would consider the pandemic over, we still don’t have all the information that
would be necessary to make decisions with true informed consent. So | would just ask that poor choices
made during this unprecedented time not be allowed to overshadow decades of selfless contributions to
the community or prevent Kelly from continuing to make these contributions to a population that so sorely
needs this kind of support.

Respectfully,
Rachael Southworth
Patient of Kelly McDermott
Nina Cutro-Kelly OLY, MBA

gmail.com

August 11, 2024

To The Honorable Judge Kovner:

My name is Nina Cutro-Kelly, | am writing to you today on behalf of Kelly McDermott.

In my life as a U.S. Judo Olympian, a coach to elite grappling athletes, and project manager
at Move United, a non-profit specializing in providing adaptive sport opportunities to athletes
with differing abilities, | have often encountered individuals who provide help but only to
better themselves in the eyes of the public.

My mother, Kelly McDermott, is a philanthropist who seeks only to help those who are less
fortunate, and does not seek credit or recognition for her actions.

For as long as | can remember, my mother has made it her business to help those in need.
Her company, Sage-Femme midwifery, has always offered a barter system for midwifery
services, was willing to take a substantial out of pocket loss by accepting Medicaid for births,
and, unlike the vast majority of the American healthcare system, has never made payment
an obstacle to receiving good health care.

A good friend of mine from high school, a single mother of 2, had given birth to one of her
older daughters in the hospital my mother worked at before opening Sage-Femme Midwifery.
For her son, she only wanted my mother to attend her, even if it meant birthing at home.

She did not have insurance at the time, and my mother attended her birth, performed her
prenatal and postnatal care, and connected her with the Sage-Femme Midwifery breast milk
bank, all free of charge.

My sister passed away in 2016 and my mother became close to her group of friends in the
aftermath. One such friend found herself experiencing an unexpected pregnancy and did
not have a place to live. This friend lived in a bedroom in our house with her baby for nearly
3 years, without paying a cent.

For my entire life, my mother has stressed the importance of making informed decisions. In
2020, | was making a run for the Olympic team in the midst of the pandemic. My mother
helped me to explore the option of getting vaccinated early, pointing out that my sleep apnea
and BMI over 25 would qualify me for early vaccination, and provided me with information to
help boost my immune system so that | could bounce back from the Covid vaccination
quickly, in order to stay on the mat.
Your Honor, my mother is the breadwinner for my step-father, 35 year old autistic brother,
and 27 year old autistic brother. My 27 year old brother lives at home and both need daily
supervision and guidance in order to function. | thus ask you humbly, to consider my family’s

plight when sentencing my mother as her presence is essential to ensuring the health and
safety of my brothers.

Sincerely, f\7% &
Nina Cutro-Kelly OLY, MBA

2021 U.S. Olympian

2022 Deaflympic Judo Champion
EMPIRE STATE

UNIVERSITY

Elizabeth Bradley, Ph.D., LPNCSP
Licensed Psychologist

Nationally Certified School Psychologist
Professor, School for Graduate Studies

SUNY _ State University

July 29, 2024
Dear Judge Kovner,

I have known Kelly McDermott for fourteen years; she was the midwife for the births of my
three children. She did an excellent job providing care for myself and my infants, always
working from a research, science, and evidence-based perspective.

I have also worked with Kelly in a professional capacity focused on perinatal mental health. I am
a psychologist with a small private practice focused on counseling pregnant and postpartum
women around perinatal mood issues and Kelly provided a space free of charge for me to see
patients face-to-face for three years before COVID-19 began. In addition, she paid out of pocket
for me to counsel several of her patients who were low income and whose sessions would not be
covered by health insurance. She did this for more than a dozen sessions from 2019-2020. She
saved her patients and myself thousands of dollars in paying for their counseling sessions and
providing me with office space free of charge.

In all my interactions with Kelly, she has been extremely professional, kind and generous. Since
I’ve known her, she has provided ample pro bono work for low-income patients. When she has
had patients in need of supplies, such as prenatal vitamins, or additional services, such as
physical therapy or chiropractic care, she has paid out of pocket or fund raised to help out these
women. She has always tried to benefit the community as much as possible and is an example of
the upmost generosity.

Please feel free to contact me if you would like any additional information at
@gmail.com or by phone at Po

Sincerely,
Elizabeth Bradley, Ph.D., LP, NCSP

School for Graduate Studies | 113 West Avenue | Saratoga Springs, NY 12866-6079
518-587-2100, ext. 2429 | 800-847-3000 | fax 518-587-9760 | www.sunyempire.edu/Grad
To Whom It May Concern: 10/7/2024

lam writing this letter on behalf of Kelly McDermott who has been a
highly valued and respected midwife, especially within the Amish
communities, for several years. | have the privilege of working in the
Amish and Mennonite Communities in Lancaster Pennsylvania as a
nurse. Kelly has established trust and provided care to the medically
underserved communities in the Amish and Mennonite in New York
which mirrors some of what we face in healthcare in Lancaster, PA.
While | am aware of the recent legal matters involving Kelly McDermott,
| want to emphasize that her character, work ethic, and dedication to
her profession remain unquestionable and ask for leniency. If she
would no longer be able to serve the healthcare needs of this
underserved community for any amount of time it leaves a void that
would negatively affect the healthcare needs of many families.

In the Amish community, where trust and relationships are paramount,
Kelly McDermott has built a reputation as a compassionate caregiver.
Many parent and healthcare workers, including myself, can attest to the
positive impact she has had during some of the most vulnerable and
intimate moments of life. | firmly believe that Kelly McDermott is a
person of integrity who strives to do what is right for her patients and
her community. Her role in providing culturally sensitive care has been
instrumental in bridging the gap between modern healthcare practices
and the unique needs of the Amish population. | have full confidence
that, given the opportunity, she will continue to be an asset to our
healthcare community.

Sincerely,

Keturah Beiler RN BSN CHPPN
September 21, 2024

The Honorable Rachel P. Kovner

United States District Court for the New York Eastern District
225 Cadman Plaza East
Brooklyn, NY 11201

Dear Judge Kovner,

My name is Chloe Quigley and I have been a patient of Kelly McDermott’s for the past two
years. I sought out her midwifery care when my husband and I found out we were expecting our
second child. Having gone through pregnancy, birth, and now postpartum under Kelly’s care, she
has become more than just my midwife and I have become more than just a patient to her. Once
you work with Kelly, you become family.

Living in Central New York, finding supportive and reliable obstetrical and gynecological care is
extremely difficult. Doctors are scarce and midwives even scarcer. When my husband and I
decided on a homebirth for our second, we called every midwife we could find within a two-hour
radius of our home. Every single one of them was booked and turned us away. Despite having an
already full schedule the month of my due date, Kelly was the only one that said she could help
us.

Unlike other healthcare professionals I have dealt with in the past, Kelly takes the time to get to
know each of her patients. Throughout my pregnancy, she answered every question I had, calmed
my fears, and respected every decision I made regarding my health and that of my baby girl. She
would allot an hour for each appointment, to make sure that everything was taken care of, and
ensure that I was comfortable with her; the one who would be delivering my baby. After
delivering my first in a hospital room full of countless strangers; doctors, interns, nurses, and
midwives, knowing that I could trust Kelly with my life during the most intimate event of birth
was life changing.

Since before the birth of our daughter, we have been welcomed with open arms into the Sage-
Femme family. Kelly cares for mothers and babies from all walks of life, all the way from the
State Capital to the most remote Amish farm. She has created an incredible network of moms,
families and birth workers throughout Central New York. Through the Sage-Femme Facebook
group, events, birthing classes, diaper drives and baby supply collections, she supports all moms,
whatever their needs may be. Even when insurance companies stopped providing many of her
patients with coverage, she has still offered her services, regardless of their ability to pay.
The world needs more people with hearts and a passion for serving others like Kelly McDermott.
More specifically, Central New York and the Sage-Femme family needs Kelly McDermott. My
family has been truly blessed to have her in our lives these past few years and we look forward to
a lifetime relationship.

Thank you very much for your time. My family and I are praying for a favorable outcome to the
case for this remarkable woman.

Sincerely,

Chloe Quigley
September 23, 2024
Judge Kovner,

We are writing in support of leniency for Kelly McDermott. We are aware of the charges she
faces, her plea, and from media coverage have some awareness of what occurred.

We ask that nothing below be misconstrued as support for the acts in question. We wish
strongly for our words to be support for the individual, as she is truly exceptional. We believe
her mistakes in this matter represent the best parts of her taken too far.

The reasons for misdeeds matter. While we strive to be honest people, if faced with no other
options, we would steal to feed our children. We are non-violent people, but would do what is
necessary to defend ourselves and loved ones. It is our view that some of Kelly McDermott’s
best qualities, taken a touch too far, led to the acts in questions. We hope that sharing our
experiences and our appreciation for her positive attributes allows the court to see her ina
different light and factor that into appropriate, but lenient sentencing.

We are both practicing chiropractors and as such have a window into the ethics that make
clinical practitioners exceptional. Kelly has great wisdom, selflessness, and a deep caring for
humanity. These traits are embodied well in her respect for patient autonomy — allowing the
patient to choose their own path based on the available evidence, and informed choice.

Early in the pregnancy of our first child, Alison met with a different midwifery group who was
part of a traditional hospital setting. The 15-minute meeting had a tone that we should know
what was going on, what to expect, and follow the typical path towards hospital delivery. It felt
insufficient, inadequate, and bordered on dismissive. Despite being healthcare providers, this
was our first pregnancy and we had more questions and confusion than we had answers. We
then went to meet with Kelly McDermott, CNM and had a remarkably different experience.
Our first meeting was an hour long. We discussed all aspects of the journey of pregnancy and
she addressed any issues we brought up. Our options from planned hospital delivery to
homebirth and a variety of options for the birth day were presented. At the end of the hour
she spent with us, she then encouraged us to go interview other midwives and/or ObGyn
providers. She expressed that if after doing this, we felt she was the right fit, she would be
happy to work with us. From our first meeting it was clear that she wanted us to have access to
information, time to think about our choice, and encouraged us to make a decision that was
right for us.

This pattern continued through every decision we made. We were given an explanation of the
options, time to ask questions and discuss relevant research, and then space to make our own
decision. She took these qualities to an admirable extreme, as a skeptical husband’s questions
were always met with kindness, professionalism, high quality information and resources, and
the patience and space to process them and decide for ourselves.
The clear and dependable thread throughout our interactions was one of informed choice and
patient autonomy. We were given access to her professional opinion, available medical
research and literature, and time to review it. We were then given the space to make our own
choices, and felt that our autonomy was respected and supported no matter what decision we
made.

We planned for a homebirth. Something that pre-covid was more rare, unfamiliar to some
people, and had friends and family a bit uneasy. Kelly always supported our choice and agreed
to talk with anyone close to us that had questions or concerns. Her support and understanding
was invaluable. What transpired during our final weeks of pregnancy sets her apart and leads
us to eternal gratitude.

Our first child’s due date was approaching. The clinical signs showed that we weren’t as close
as the calendar suggested we should be. Alison’s desire was for a natural delivery, at home. If
we were working with midwives in the hospital setting, we would have been ushered towards
induction and potential cesarean section. Instead, Kelly met us with a conversation. One that
showed that induction was a possibility and one that gave us some other options, knowing that
induction could remain an option for us. We were guided to the markers that would allow
Alison to continue safely carrying unborn child and as long as these markers remained above a
certain range. This afforded us the space and opportunity to wait for natural birth. Alison
underwent routine ultrasounds for inspection of amniotic fluid quantity and then we safely
waited another couple days. During this time, Kelly was in constant communication and the
reevaluations became more frequent. Eventually waiting longer was not sensible, and we were
guided to the hospital setting for induction. While the first part of our birth plan had to change,
a home birth would no longer be possible, Kelly continued to work diligently on the next part
ensuring natural delivery if possible. She continued to guide, create alternatives, and even after
induction was finding and evaluating new clinical research in a determined quest to find safe,
effective alternatives to help us reach our goal. Her efforts to respect our wishes and deliver
the closest birth possible to Alison’s vision went above and beyond. We can confidently say
that the arrival of our first child would not have occurred as well as it did, without her advice,
advocacy, and assistance. Kelly’s service to us and our unborn child was dutiful, admirable, and
unwavering and for this we are eternally grateful.

We find a small sense of irony that the covid pandemic is the topic of our letter of support. One
common encounter during this covid was the number of people who wished to talk to us about
our homebirth. When we planned for a homebirth in 2012 and ended up in a hospital birthing
center, and in 2016 when we had a homebirth of our second child, we faced skepticism and
reluctance about the safety and reasonableness of our decision. During the covid-19 pandemic,
as people tried to avoid the hospital setting due to risk of infection, they came to us for
conversations looking for support. The degree of shift from skepticism to acceptance of
homebirth was remarkable to us. It had us remembering that at times for us, we were
surrounded by skeptics, and Kelly served as our primary support for our healthcare choice of
homebirth.
The homebirth community is accustomed to skepticism. By nature, they view things differently
and this allows them to give patients options and choices. This community’s emphasis on the
rights, needs, and desires of an individual forces it to question the establishment which is more
focused on what works best for the whole. Even a medical treatment with a 95% success rate,
fails 1 out of 20 people. The medical community struggles at times to see and appreciate the
needs of the outliers and inadequately values the beliefs, attitudes, and viewpoints of individual
patient. The homebirth community thrived at serving these individuals and met each patient
where they were. The committed determination to allow patient choice, fostering informed
decisions, and doing so with a fervor of support is unparalleled in modern healthcare.

Regretfully, these admirable and remarkable qualities can be taken too far. We hope the court
can see that it is simply these same inspiring traits that have led to countless births, by mothers
who felt heard and respected, and families whose beliefs were valued, may have also led to
regrettable decisions during an unprecedented crisis.

As we tackled unprecedented times, with limited information, the covid-19 pandemic stripped
patients of rights and choices, and in some cases lives. Businesses were closed, essential
businesses operated under restrictive standards, and we all sought to deal with this drastic shift
the best we could. While we understand the need for public health measures from social
distancing, to mask wearing, and vaccination, we hope you can see how the stricter mandates
flew in the face of patient autonomy and informed choice. Again, this is not so say that we
agree with some choices that were made, but to acknowledge that the best principles of Kelly
and bedrock of her service to others was compromised. How any of us may respond when our
core beliefs are challenged is difficult to predict. When patient autonomy and informed choice
are not the option, what does one do? It may seem easy to others to follow along for the best
of the community, but such a surface view fails to appreciate the deeply held beliefs of
autonomy and informed choice that had led to so many great healthcare outcomes and
newborn lives.

Jason Brown Alison Brown
> Dear Judge Kovner,

>

> My name is TJ Pellitteri. I am writing to respectfully ask for leniency in the case involving Kelly McDermott,
CNM (case # [insert]).

>

> Ihave known Kelly for 18 years. Our relationship began when my wife and I were expecting our first child and
were referred to her by St. Peter’s Hospital in Albany, NY. Three years later, Kelly assisted in the delivery of our
second daughter in the comfort of our home. We have since come to consider Kelly and her husband, Gary, dear
friends.

>

> Kelly is beyond passionate about providing the best care possible for women and babies. Sage Femme’s (Kelly’s
practice) birth statistics are far superior to outcomes experienced at hospitals using a medical model for childbirth. I
say this not for dramatic effect, but because it’s the sad, honest truth. Many of the favorable outcomes experienced
at Sage Femme would have likely resulted in a more fateful scenario in a hospital.

>

> From what I can tell, annual visits with Kelly are about 5 times longer than what you can expect in a hospital
setting. On certain occasions, I have accompanied my wife on appointments and when I do, I am amazed by how
different an appointment with Kelly is from any other medical appointment I have experienced. Kelly provides a
welcoming and comfortable space for her clients, she is sure to check in on all aspects of their wellness, and she
ensures that, most importantly, women feel safe when they are receiving care from her.

>

> Additionally, Kelly is committed to her community of women and families as well as the idea of making her
services accessible to all. She opens her space at Sage Femme for free educational events, she holds collections and
donations of maternal/child-related items, and she provides care to all regardless of the ability to pay.

>

> Thank you for considering this plea for leniency. Kelly has much more good work to do and what a shame to think
of that opportunity being wasted.

>

> Sincerely,

> TJ Pellitteri

>

Sent from my iPhone
Christian P. Morris

September 4, 2024

Hon. Rachel P. Kovner, Justice
United States District Court for
Eastern District of New York
225 Cadman Plaza East
Brooklyn, New York 11201

Re: — United States v. Kelly McDermott
Letter of Character for Consideration re Sentencing

Dear Judge Kovner:

Coming to a decision of sentence is never an easy task. The Court is ever balancing the
respective parties before it along with the people over which it presides, knowing that with every
decision the Court makes all are affected. I am sure you are well acquainted with knowing that
some will be satisfied with your decision and that some will never be. You hold what I have come
to know is an unenviable position that requires no less than to rightly and righteously judge matters
of the people over which the Court presides. May this letter assist you in searching out that for
which you are properly titled, justice.

My name is Christian Morris, and I am from upstate New York, just east of Saratoga in
Washington County. I am a husband and father of 10 children, with my oldest turning 17 and my
youngest turning 2 this month. I have been practicing law for nearly 20 years this upcoming
January. Over the course of the past 20 years I have managed my own private practice as a local
attorney with representations ranging from simple small town clients to complex litigation. For a
number of years, I was the Chief Assistant Public Defender handling the Felony Superior Court
Docket in Washinton County, New York. Since 2014 I have been the Chief Assistant District
Attorney of Washinton County. I only mention this to say that I have some experience and
understanding regarding the nature of what the Court considers when it comes to meeting out a
sentence. Again, if I have learned anything over the last 20 years, the bench is an unenviable
position, a heavy burden to bear to rightly and righteously judge the matters over which it presides.

I have no doubt that you will have received and reviewed many letters of support for
Defendant Kelly McDermott. I am sure that collectively the letters of support will paint an accurate
picture of Ms. McDermott — she really is who those letters say she is. My confidence in that comes
from knowing her myself for 16 years. As the Midwife for my wife, Kelly has delivered 8 of my
children, 7 of which were birthed at home. This means that I have trusted my wife’s life in her
hands 8 times, as well as the lives of 8 children — and I can tell you I have been witness to what
can only be described as birthing miracles attributed to Kelly that doesn’t come from textbooks or
experience, but from her valuing human life beyond measure. It is also the basis of our relationship.
This foundational value is something that anyone meeting Kelly comes to realize right away.
Over the years my wife and I have had the opportunity to be educated by, counseled by,
provided therapy by, and treated by Kelly. Those circumstances are filled with intimacies and
vulnerabilities too personal to share in a letter like this. Suffice it to say, Kelly has earned our trust,
confidence, respect, reverence, and love. Conversely, I have had the opportunity over the years to
provide Kelly with counsel as certain personal issues arose in her life. Though I never represented
her in any official capacity, the intimacy of friendship provided for the kind of exchange that only
love and trust can account for when it came to such personal matters.

So, when it came to learning that she was indicted for a crime in your Court, we were
heartbroken. We had questions: Was she really capable of this? How does this affect our
relationship? What does she have to say for herself? Because of the relationship we have with her
we were able to ask those hard questions. Because she really is the person described in all the
letters you have received, she came to my home and sat in my living room with my wife and I and
let us ask the hard questions. She never hid within excuses and justifications; she was open and
honest. Every hard question was asked and answered. This takes a strength of character that few
have.

One’s reputation is all one has as a professional — lose that and you lose your profession.
No doubt that Kelly has suffered this loss within the midwifery community, a lifetimes’ work
affected openly and publicly; few ever recover from such a circumstance, even fewer try. I know
that Kelly’s passion for human life drives her to want to continue to fulfill her calling as a midwife
despite that loss of reputation she inflicted upon herself. To this end, please consider that Kelly
philanthropically extends herself to Amish communities in Upstate New York. These relationships
and services have resulted not only in better birthing and newborn care where few services are
offered in this field, but increased trusts in the medical community at large by the Amish. Please
keep this in mind when considering the sentencing principles of public safety and deterrence.

I believe that one question to answer before sentencing a person is what portion of the
defendant’s character does the crime compose? In other words, is the defendant genuinely a good
person but for the crime or is the defendant the kind of person from which such a crime is expected.
Kelly McDermott is a genuinely good person — her love of the sanctity of life is the wellspring
from which her moral compass is directed. She must confront the aberration in behavior and devote
herself to the amends she must make — but she has the character and fortitude to do just this. To
this end, please keep the principles of proportionality and rehabilitation in mind.

Thank you for taking the time to consider every fact and facet of this case and of the
Defendant, Kelly McDermott. I hope that you are able to come to confidence about the kind of
person Kelly McDermott is so that you can meet out a sentence that is fair and just and one that
reflects that you rightly and righteously judged this matter.

Respectfully submitted,

Chrisérafn P, Morris
Hello your honor. | would like to first thank
you for taking the time to read over this letter
and thank you for taking my words into
consideration when making your final
decision. My nameis Mary Alleyne and Kelly
is currently my midwife. | first met Kelly,
November 16, 2023. Out of the 8 Midwifery
care practices, Kelly was the only one to
speak to me. There was no immediate
questions of my health insurance or
mentions of payments. It was such a
pleasant conversation and for once, |'was
being heard.

During the last two months of my
pregnancy, my family and | were hit witha
series of unfortunate events. This led to
financial strife. There was no way | was going
to be able to pay for the rest of my pregnancy
care through Sage Femme Midwifery. Without
question & without judgment, Kelly assured
me that | had nothing to worry about! Not
only did she waive the rest of my payments,
she even went out of her own pocket to pay
for my contined care: prenatal vitamins to
postpartum supplies & support. She saved
my family financially and for me personally,
she saved me mentally & spiritually. She
wasnt just a midwife, she was a mother, a
friend and a healer.

Kelly has an amazing way of bringing
people together, good, God loving people. Out
of the previous prenatal doctors, midwives,
and others in the field | have met during my
pregnancies; Kelly was the first person to
teach me the importance of having a doula.
She even connected me with one, who was
not only active and present but who also
shared the same skin and culture as me.
Kelly brought Lataya Lewis Thomas into my
life. Not only did she catch my baby, but
postpartum when going through the financial
Strife, her and her church provided my family
and | with weekly groceries. | mention this
because when Kelly comes into your life, she
doesn't come alone. Her team, her friends
and family, all share the same love & care.

Sage Femme Midwifery has provided me
with a broad spectrum of quality care,
women's advocacy, support, and respectful
maternity care. Kelly creates bridges that link
communities and families statewide.

Your honor, | ask for your mercy and
leniency when making your judgment. Kelly
McDermott's presence is vital. As you read
this, there are mothers out there, families
right now, who need Kelly. Please give her
grace and allow her to continue to be apart of
this society where we can all learn & grow
from this. Again, thank you for your time and
please do reach out to me with any questions
or concerns.
Kimberly Ann Kelley

June 1, 2023

Re: Character Reference: Kelly McDermott

1, Kimberly Ann Kelley, write this letter of character reference for Kelly McDermott who | have known
since befriending her (late) daughter Celeste Edelman-Kelly in 2010.

During this length of time, I’ve grown to understand Kelly as a generous and gracious woman whose life
mission, one would assume, is to support those who surround her. Kelly has extended her love to many,
but for me, her care and generosity went further than one could quantify.

In 2020, | was homeless, pregnant, single, and living in fear of the Covid-19 pandemic. Kelly became
aware of my circumstances when | made a post on social media. Within hours of making that post, she
invited me into her home to tour the studio apartment in her basement located at

She made it clear to me that if | chose to stay in the apartment, that it would be at no cost,
and for however long my daughter and | would need it. My autonomy and safety were at the forefront of
her mind and continued to be for many encounters to come. | moved into this apartment in July of 2020

and lived there until January of 2023.

In addition to a place to live, Kelly provided me with a quality of life that | wouldn’t have been able to
achieve by myself at the time.

As a midwife, she provided me with comprehensive prenatal care, even making plenty of “house calls” as
she lived above me with her family. She respected my understanding of Covid 19, wearing a mask during
our encounters, and keeping distance at appointments. She respected and supported my decision to get

vaccinated, because | knew that was right for me.

As a friend, she helped me navigate pregnancy, single-motherhood, life, love, and loss. She came down
to my apartment to listen to me, to sit with me through sickness, and to teach me how to care for my

baby.

As a mentor, she supported my efforts in finding a suitable career- writing me letters of
recommendation, sponsoring me for a Postpartum Doula Class and the associated fees totaling nearly
$1,000. She also hired me for cleaning when | started up my own home-improvement/cleaning business.
She encouraged, advised, and supported me every step of the way.

To speak to Kelly’s extension of generosity, she donated my mother and father a washer and dryer set
and referred my father to several interior painting jobs. She bought my daughter a swing set for the yard,
clothing, toys, and gave us gift cards to use as needs came up.
Kelly is a community-minded individual and possesses an impressive capacity to hold space for those
who cross her path. She has never let those struggling fall by the wayside. | have witnessed her single-
handedly organize, fund, and host memorial services for my friends, and make generous donations to
homeless outreach services. She has supported hundreds of families through the biggest moments of
their lives- from birth to death, allowing them to feel deep respect and empowerment throughout their
experiences. Her contributions and commitment to society have given individuals from all walks of life
the ability to live more enriched lives.

Kelly’s heart belongs in this world, free and impactful. It is needed.

Please consider this letter when determining the outcome of Kelly McDermott’s case.

Sincerely,

Kimberly Ann Kelley


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