Man Gets Life Under Fetal Protection Law

AP ^ | 6/6/05

[Crackingham]

An East Texas man accused of causing his teenage girlfriend to miscarry twins by stepping on her stomach was convicted Monday of two counts of capital murder. Gerardo Flores, 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 most of 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.

[DoughtyOne]

I have no idea. Perhaps there's a state law forbidding it after a certain time frame. That may be way off base, I just don't know. The article does say what you mentioned, that she had a right to one.

[SauronOfMordor]

Once again equal justice under the law is demonstrated for the men of the nation. She has a right to an abortion. He gets life.

It would be interesting what the Supremes would say to an argument relating to the "equal protection" clause. A law that has such unequal outcomes based on status cannot make Constitutional sense. I guess he would be immune if he were a licensed abortionist, so the most he should be charged with is practicing medicine without a license

[coloradan]

You're probably right.

[Rutles4Ever]

Life sentence for practicing medicine without a license.

[DoughtyOne]

Thanks

[cubram]

I don't get it. I don't know too much about abortion law, but I was under the impression that abortion can only be performed in the first trimester. Given the fact that she was into the fourth month of her pregnancy, hadn't she already lost the right to an abortion?

[DoughtyOne]

That's an interesting take. You 'practicing medicine without a license' comment seem rather valid IMO.

[jocon307]

I'm sorry, this is ridiculous. She could have gotten an abortion, and he's got a life term? And his actions were done with her consent? The worst he's guilty of is practicing medicine without a license. He must have the worst attorney in the world and I expect this will be litigated to the supreme court. This is absolutely discriminatory, and I say that as a staunch pro-lifer.

[wizardoz]

How can it be murder and abortion at the same time???

[Luna]

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.

Sick, sick, ugly, evil, disgusting, evil, wrong, selfish, callous, mean, evil, sick, cold, cruel, selfish, unfeeling, stupid, evil...

[andyk]

I was under the impression that abortion can only be performed in the first trimester.

Partly true. States cannot restrict abortions throughout the first trimester. After viability (the beginning of the second trimester), states may restrict abortions not related to the preservation of the life or health of the mother. I'm not sure what Texas' laws are, but I don't see how, under these circumstances, she can be considered to have a right to an abortion. The writer is probably being intentionally obtuse.

[sweetliberty]

"It's a tragedy my client's convicted,"

No, the tragedy, apart from the deaths of two innocent babies, is that the mother isn't in a prison cell right along with her dirtbag "boyfriend."

[madprof98]

After viability (the beginning of the second trimester), states may restrict abortions not related to the preservation of the life or health of the mother.

Nope. Viability is not the beginning of the 2nd trimester (after 12 weeks). In fact, only in the third trimester have the federal courts allowed any significant restrictions on abortion--and even those are easily circumvented, as the case of Dr. "Killer" Tiller in Kansas (who routinely kills viable babies and burns the corpses in his backyard) illustrates.

[Poodlebrain]

She did have an abortion. It just wasn't performed in a medically accepted fashion, and it wasn't performed by a licensed practitioner.

At worst he should have been punished for practicing medicine without a license.

[andyk]

Yeah, I screwed that up. Here's the ruling from Roe v Wade. My only response is that the gist of RvW allows for unrestricted abortions, providing one can find a doctor who feels the same way. The ruling is a little obtuse. It's tough to tell whether then intend their a, b, and c sections (no pun intended) to be associated with trimesters. If so, it's interesting they drop the term trimester at section c. I've always thought that "viability" is a copout. It seems intuitively obvious that viability is a function of medical science, which means that restrictions on abortion are subject to scientific advances, an assertion that the beginning of life is not a fixed point.

(a) For the stage prior to approximately the end of the first trimester, the abortion decision and its effectuation must be left to the medical judgment of the pregnant woman's attending physician. Pp. 163, 164.

(b) For the stage subsequent to approximately the end of the first trimester, the State, in promoting its interest in the health of the mother, may, if it chooses, regulate the abortion procedure in ways that are reasonably related to maternal health. Pp. 163, 164.

(c) For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother. Pp. 163-164; 164-165.

[sweetliberty]

"There are many like you and your wife who would have taken these children and cherished them."

That is so true. The thing is that giving birth and giving the child up for adoption requires selflessness and a certain degree of sacrifice. The people who do these things think only of themselves and the "need" of the moment.

[GretchenM]

Man Gets Life Under Fetal Protection Law

That's certainly more than the twins got.

[Blood of Tyrants]

I cannot see how the "right to privacy" protects this piece of human filth from any type of prosecution.

[hispanichoosier]

I cannot see how the "right to privacy" protects this piece of human filth from any type of prosecution.

That's because you're more intelligent than the liberals and realize that the constitution doesn't include a "right to privacy."

[Not A Snowbird]

Their decision not to breed was a bit after the fact.

I do wish it was in the judge's power to order that young lady's tubes tied.