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A search of the clinic after the botched abortion revealed a freezer containing 35 late-term fetuses, including one believed to have been aborted at 36 weeks, the documents show.
Brigham, 55, is charged with five counts of first-degree murder, five counts of second-degree murder and one count of conspiracy. Riley, 46, faces one count each of first- and second-degree murder and one conspiracy count.
The charges relate to the botched procedure as well as other abortions performed at the Elkton clinic or fetuses found there, authorities said.
Cecil County State's Attorney Ellis Roberts declined to elaborate on the charges or the circumstances that led to them, saying it would be inappropriate to comment before Brigham and Riley, who were taken into custody on fugitive warrants, had seen the indictments.
Maryland is one of 38 states that allows murder charges to be brought against someone accused of killing a viable fetus. The 2005 state law has so far only been used for cases in which defendants were accused of assaulting or killing pregnant women.
"We are in uncharted territory," Roberts said. "At some point in time," he added, "you will hear our explanation" of the charges.
The state law allows for murder or manslaughter charges to be brought against a person who intends to kill or seriously injure a fetus or who wantonly disregards the safety of a fetus. It does not apply to doctors administering lawful medical care and does not impinge on a woman's right to terminate a pregnancy.
Brigham's attorney, C. Thomas Brown, said in an emailed statement that he does not believe his client has violated any Maryland laws. He said he has not seen any charging documents or spoken with Brigham since the arrest.
