Interesting case. The 17 year old woman regretted not getting an abortion so she tried to force a miscarriage of her twins at 4+ months (the story doesn't give the exact number of weeks). She asked her boyfriend for help. She punched herself in the stomach and did other things. He stepped on her belly. Although there was no determination as to who actually caused the miscarriage, the boyfriend was convicted of capital murder and sentenced to life (prosecutors chose not to pursue the death penalty). The girl could not be prosecuted due to her "legal right to abortion". What do you think? Article from today's Houston Chronicle: Associated Press LUFKIN - An East Texas man accused of causing his teenage girlfriend to miscarry twins by stepping on her belly was convicted Monday of two counts of capital murder. Gerardo Flores, 19, who was prosecuted under the state's new fetal protection law, received an automatic life sentence. Erica Basoria acknowledged asking Flores to help end her pregnancy, but the 17-year-old can't be prosecuted because of her legal right to abortion. The defense contended that Basoria punched herself while Flores was stepping on her, making it impossible to tell who killed the twins. The jury reached a verdict after deliberating four hours. Since prosecutors declined to seek the death penalty in the case, Flores received the automatic life sentence, Assistant District Attorney Art Bauereiss said. The facts were unusual, but the evidence supported a guilty finding, Bauereiss told The Lufkin Daily News. He said Basoria's family was pleased with the jury's decision, but Basoria, who sobbed as she left the Angelina County Courthouse, had stood by Flores. "It's just tragedy all around," Flores' attorney Ryan Deaton told The Associated Press. "It's a tragedy my client's convicted, I've got nothing good to say about it." Basoria told authorities that, after about four months of pregnancy, she regretted not getting an abortion and started jogging, skipping prenatal vitamins and hitting her own belly to induce a miscarriage. When her efforts failed, she said she asked her boyfriend to help. Flores admitted in a taped statement to police that he stepped on Basoria's belly several times the week before she miscarried two boys. He said he punched her during a fight hours before the delivery. Link: http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3214035
So . . . The Fetus *IS* NOW considered alive? The Pro-Abortion Lobby should be all on this. . . they should be screaming that it is simple assualt Rocket River
I'm sure pro-lifers are upset that he didn't get the death penalty. So we compound violence with more violence. Great Solution. I look forward to more.
where have you been? that's been the state of the law for quite some time now. remember the jackass who killed his pregnant wife in Calif? he was convicted of killing her AND the unborn life inside her.
I am not sure what this new "fetal protection law" entails, but, depending on the language, could produce some interesting defenses. For example, some women have been charged with endangering a fetus if they intake drugs or large amounts of alcohol. Could they use the "I was trying to induce a miscarriage" defense?
So you guys are OK with this dude stepping on his pregnant girlfriends belly and/or punching her in the stomach? Are you just saying he's a victim of circumstance? What do you think should happen to him?
Not saying he's OK but his girlfriend asked him to do it. In my opinion she's just as guilty as he is. However she was protected because as a woman she has a right to an abortion and I think that's just a travesty. If a fetus isn't a human in her case, why is it one in his? I would completely understand if they were BOTH let off because of the abortion factor. I wouldn't agree but at least someone could defend that decision. I could also understand if the BOTH were convicted of capital murder. But the whole double standard present in this case is just sickening.
exactly. i'm not saying either should be doing life in prison i don't know what the sentencing outcome should be. but this clearly highlights our problems to define what is and what is not a protected life.
Here is a more complete story from The Lufkin Daily News, which includes the fact that she was 5 months pregnant when the miscarriage occurred and that the law defines a "person" as "existing from the moment of conception". Teen guilty of fetal murder By ASHLEY COOK Tuesday, June 07, 2005 Nineteen-year-old Gerardo Flores of Lufkin was sentenced to life in prison Monday in a landmark test case of a state fetal protection law. An Angelina County jury deliberated just under four hours, finding him guilty on two counts of capital murder for his part in killing his unborn twins. The case will be appealed, possibly all the way to the Supreme Court, defense attorney Ryan Deaton said after the verdict. Most fetal murder cases involve attacks by strangers, said Assistant District Attorney Art Bauereiss, who prosecuted the case. The facts in Flores' case were a bit unusual, but the evidence supported a guilty finding, he said. "Most of the family is very pleased with the verdict," Bauereiss said. Flores' girlfriend, Erica Basoria, 17, was led sobbing from the Angelina County Courthouse by her mother and older sister. While her family testified against Flores, Basoria stood by his side, maintaining she was involved in causing the at-home miscarriage. Flores' mother, Norma Flores, stood in stunned silence, surrounded by family members for several minutes after her son was led away by Sheriff Kent Henson. Under state law, a woman cannot be charged for causing the deaths of her own fetuses for any reason. A similar federal law went into effect in April 2004, a month before Flores was charged. Bauereiss told jurors he was focused on Flores. He couldn't help that Basoria was outside the reach of the law, he said. If the babies had been killed after being born, it wouldn't have been so controversial, he said. "Think what a horrible crime this would be,” he said. “We wouldn't hesitate to label it for what it is.” The law includes the definition of a person — with full rights to legal protection — as existing from the moment of conception. Prosecutors chose not to pursue the death penalty against Flores, meaning he received an automatic life sentence with parole possible after 40 years. Basoria, then 16, was five months pregnant when Flores stepped on her bulging belly more than once the week before she gave birth prematurely in a bathroom at Flores' house the night of May 6, 2004. The defense said she hit herself at the same time, making it impossible to tell who killed the babies. Testimony alleged both may have wanted a miscarriage so the babies wouldn't infringe on college and social plans. His girlfriend coerced him into it, Flores said in a taped police interview played at trial in which he demonstrated stepping on her. Bauereiss repeated the clip for jurors during his emotional closing statement. No one would ever know the potential those unborn lives could have held, he said. Family would never get to see the boys' first steps, teach them to tie their shoes or take prom pictures. Worst of all, he said, Flores' own children could not save themselves. "Those babies could not raise their hands in self-defense to say, ‘No, Daddy, no, Daddy!'” Bauereiss said, emotion nearly choking his words. Basoria's family members sat a few rows behind him, tears rolling down their cheeks. "Hold him fully accountable for this most unholiest of crimes," he finished. Deaton begged jurors in his closing statement to give Flores something besides capital murder, choosing instead among injury to a child or manslaughter, with a wider punishment range. State District Judge David Wilson on Monday morning denied Deaton's motions to include jury instruction on several other choices, including criminally-negligent homicide. The case was tragic, just two kids in love making mistakes, Deaton said. But it was Basoria's fault for egging Flores on, he said. "She invited violence into their relationship," he told jurors. Flores has 30 days to file an appeal. Link: http://www.lufkindailynews.com/news/content/news/stories/2005/06/07/20050607LDNflores.html
I don't know, I'm just trying not to look at it with my pro-life/pro-choice glasses on, which is why I usually avoid abortion threads. I don't think anyone can deny that what this guy (and girl) did was despicable. RMTex and Meowgi seem to think they were forced to do it. I mean seriously, if your pregnant girlfriend asked you to kick her in the stomach, would you do it?
Another interesting situation is brewing in the military behind closed doors. Apparently about 8 men who served in Iraq together came back and all of their wives had still borns. The Military is refusing to pay bills under the reason that they are not responsible for someone who is not yet born. However, when the baby came out, the hospital acknowledges the birth and death officially on paper. So make of that what you will. It's gonna get interesting. The Military personell are refusing/afraid to talk for fear of the military code. I know all of this because I know one of the mothers indirectly.
Yeah, pro-lifers seem to dodge this a lot. I never said he was forced to do anything. I just dont see how throwing him in prison for life makes the situation better.
That's not at all what I think. I think the only thing that "forced" this guy to kick his girlfriend like that was a lack of education. I feel sorry for the both of them more than anything else.
stop making generalizations. stop demonizing. we're having a discussion. the sentencing here is beyond me. whether the behavior is or is not criminal is more of my concern. the bigger issue is whether or not the life growing inside is worthy of the same protections that you and i are entitled to.
How is it a gernalization when he is going to spend the rest of his life in prison, and the pro-lifers are upset that the same thing is not happening to her? I would think those are the ones demonizing.
Where are these "pro-lifers" that are upset the same thing didn't happen to the girl? There has only been one response in this thread indicating the girl was just as guilty and there is nothing regarding "pro-lifers" in either of the 2 articles.
here's how it's a generalization: 1. i'm a pro-lifer; 2. i'm not upset....i'm noting the inherent problem we have in determining when a life is worthy of protection. there's your generalization.
The reason I posted this was not to discuss the abortion issue. We have discussed that to death and no one will probably change their minds anyway. ALthough this is a truly tragic occurrance for all involved, I mainly posted this because the law is interesting. - It actually defines life as beginning at conception. I would assume then if a 1 week pregnant woman is murdered then the perpetrator could be charged with 2 counts. - It seemingly gives free rein to a girl/woman to purposely cause a miscarriage with no ramifications. - There is also a federal law with respect to this type of situation. - It is a CAPITAL offense. This fellow could have received the death penalty. - This may turn out to be a HUGE Supreme Court decision. If they decide it's a state's rights issue, then you would think that could establish a precedence for Roe v Wade to get "overturned" back to a state's rights issue.
