Last week, Maj. Nadil Malik Hasan was indicted on 13 counts of murder for the shootings at Fort Hood which took place on Nov. 5. Missing from the list of victims is the three-month-old unborn child of Private Francheska Velez.
The Alliance Defense Fund, a legal alliance of Christian attorneys, has sent a letter to the Office of Staff Judge Advocate at Fort Hood requesting that the murder of Velez's child be included in the case against Malik.
“It would cause a severe and negative impact on morale if Army women were made to believe that the Army valued their children less than they did adult victims of crime. We respectfully request that you enforce UCMJ Article 119a against the suspect," the ADF's letter stated.
Velez, who was three months pregnant, had just returned from Iraq, and was a month away from going home to Chicago on maternity leave.
Thanks to the Uniform Code of Military Justice, Article 119a, also known as “Laci and Connor's Law,” which was signed into existence by President George W. Bush in 2004, anyone who inflicts violence upon a pregnant woman which leads to the death of the child, whether or not the perpetrator was aware the woman was pregnant, is criminally liable for the death of the child.
The law resulted from the disappearance, and subsequent death of Laci Peterson, of Modesto, Calif, who was seven months pregnant with her son Connor at the time. Laci's husband Scott was later convicted of first degree murder of his wife and second degree murder of his unborn son.
The State of Texas also passed a “Prenatal Protection Act” in 2003. They have also established a precedent as they charged a man who killed his pregnant girlfriend with a shotgun with capital murder, defined as causing the death of "more than one person... during the same criminal transaction."
Under the law, Maj. Nadil Malik Hasan can be held criminally liable for the death of Velez's child, referred to as “Baby Velez.” However, at this point in time, Army officials have only indicated that additional charges against Hasan are under consideration.
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Video - Soldier's body returns to Chicago
A procession led by the Patriot Guard escorted the body of Private Francheska Velez through her hometown.
Velez, who was six weeks pregnant, was killed in the shootings at Fort Hood on November 5. She had returned from Iraq three days earlier and was filling out paperwork related to her pregnancy when Major Nidal Malik Hasan allegedly opened fire.
At 10 a.m. the plane carrying Velez's body landed at Chicago's Midway Airport. Twelve days ago, Velez and a dozen others were killed in the shooting at Fort Hood.
"When we walked in and they took the body out of the plane it was heartbreaking. It was a beautiful ceremony what they did& Overall it was very hard and a really sad moment for all of us," said Sandy Rivera, cousin.
At least thirty people--all strangers-- gathered outside the hangar where Velez's body was transferred to a waiting hearse. Two of them were chosen to go inside and personally pay tribute. But even for those who stayed outside it was an emotional time.
"I'm grateful that the patriots came and got me and my mom to come in and present the flag of the U.S. for her and her family. It was just so heartbreaking," said Michele Guerrero, who came to pay her respects.
"It's important to show respect for those who serve our country so that we have what we have& our rights as U.S. citizens," said Manny Lopez.
Once the ceremony was concluded, a procession, led by the Patriot Guard took Velez's body through the city, first past her former high school, Kelvin Park, and finally to a Northwest Side funeral home. Throughout the procession, people saluted the hearse. Patriot Guard Dave Hume has led many of these processions, but this one, he says, was harder.
"To have someone killed on your own soil is a different story. You don't expect that to happen," said Hume.
Pvt. Francheska Velez, who was killed in the Fort Hood shooting spree, was laid to rest on Thursday on the Northwest side.
