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To: freema

Seems like an MPO would only work if the person to be protected was on base and residing in a barracks.


662 posted on 01/14/2008 8:23:41 PM PST by Brian S. Fitzgerald
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To: Brian S. Fitzgerald; freema; NCjim
Night, freema.

Info from an AP report Search for suspect in pregnant Marine's killing grows as Ohio hometown mourns

........"Brown, who has rejected the idea that Lauterbach committed suicide, said late Monday that authorities had received a preliminary autopsy report on the remains, but he declined to discuss details, other than to say a gun was not used.

North Carolina is one of 15 states without a fetal homicide law, that allows for prosecution of people accused of killing a woman's fetus.

Onslow County District Attorney Dewey Hudson said he has no plans to step aside in favor of a military prosecution for the Marine. Georgetown University law professor Gary Solis said local authorities have primary jurisdiction in the case.

"They have the crime scene and they have the physical evidence," Solis said. "The military would have secondary jurisdiction if the DA decided not to pursue the case."

That makes it unlikely that Laurean would be prosecuted under a federal fetal homicide law passed in 2004.

The federal law makes it a crime to harm a fetus during an assault on a pregnant woman, but the anti-abortion activists who pushed for it believe it has never been used - in part because murder cases are typically prosecuted in state courts.

The military could technically seek charges at the same time as civilian authorities, said Scott Silliman, a former military lawyer who is now director of the Center on Law, Ethics and National Security at Duke University. But a joint prosecution is not recommended by the military's manual for courts martial, Silliman said.

"As a matter of law, the military could prosecute him separately," Silliman said. "But as a matter of policy, it rarely happens and only in a very unusual set of circumstances."

In Lauterbach's hometown near Dayton, Ohio, hundreds of friends and neighbors offered prayers for her Monday evening. Relatives filed into a church for a prayer service and sat in the front row. "......
664 posted on 01/14/2008 8:31:38 PM PST by Girlene
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