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Fetal homicide issue arises in Laci Peterson case
CNN.com/Law center ^ | March 26, 2003 | Harriet Ryan

Posted on 03/27/2003 6:13:03 AM PST by runningbear

Fetal homicide issue arises in Laci Peterson case

Fetal homicide issue arises in Laci Peterson case

By Harriet Ryan
Court TV

Wednesday, March 26, 2003 Posted: 8:32 PM EST (0132 GMT)

Laci Peterson

--------------------------------------------------------------------------------

(Court TV) -- Teresa Keeler was eight months pregnant on the winter day in 1969 when her ex-husband attacked her. Robert Keeler, whom she had divorced the previous fall, blocked the path of her car on a narrow mountain road near Stockton, California, and asked her if she was expecting a child by her new lover, Ernest Vogt. When she ignored the question, he pulled her from the vehicle and seeing her swollen belly, said, "I'm going to stomp it out of you."

He kneed her in the abdomen and then beat her unconscious. At the hospital, Keeler delivered a stillborn girl. Her head was severely fractured from the blow to Teresa Keeler's stomach.

That assault three decades ago paved the way for a law against fetal homicide that may be applied in the case of Laci Peterson, the Modesto woman who vanished in December when she was seven months pregnant. Police recently reclassified the missing person case as a homicide investigation, and a spokeswoman for the local prosecutor's office said the district attorney generally charges two counts of murder when a pregnant woman is killed.

"If both the woman and the child were killed and we can prove the child was killed due to the actions of the perpetrator, then we charge both," said Stanislaus County Assistant District Attorney Carol Shipley.

It wasn't always that way. In Robert Keeler's case, prosecutors tried to charge him with the murder of "Baby Girl Vogt" along with the beating of his ex-wife. But the California Supreme Court threw out the charge, saying that a fetus was not a human being and therefore could not be murdered under the statute. According to a long tradition of common law, the justices said, only someone "born alive" could be killed.

A public outcry followed and the state legislature amended the murder statute to include the killing of a fetus. Later, the state Supreme Court stepped in again and ruled that murder charges can only apply to fetuses older than seven weeks, or beyond the embryonic stage.

There are fetal homicide laws on the books in more than two dozen states, but they vary widely. In some states, such as Missouri and Minnesota, a fetus is considered a living thing at conception. In others, like Georgia and Michigan, a fetus is only protected after "quickening" — when movement is first felt in the womb — occurs.

In Pennsylvania, where a woman was convicted Wednesday of murder for causing a romantic rival to miscarry her 15-week-old fetus, the 1999 law applies to any stage of pregnancy.

Passage of the laws is a key battleground in the abortion wars. Opponents push for the statutes as a way to establish within the law that fetuses are living beings with rights. Although the statutes make clear exclusions for legal abortions, anti-abortion activists believe the laws, in addition to punishing outrageous acts of violence, affect the public's perception of abortion.

"It's a tool to educate the public as to the value of a human life," said Denise Burke, staff counsel for the anti-abortion organization Americans United for Life.

Abortion rights groups have fought the laws, arguing that there are ways to toughen penalties for perpetrators without undermining Roe v. Wade, the U.S. Supreme Court decision that made abortion legal. Sondra Goldschein of the American Civil Liberties Union's Reproductive Freedom Project, cited a North Carolina provision that adds to the length of a prison sentence for assault if it causes a miscarriage.

"That way you are able to recognize the real victim, who is a woman who has experienced the devastating loss of a wanted pregnancy, without bestowing independent rights on a fetus," said Goldschein.

Although North Carolina does not have a fetal homicide law, it does have laws providing punishment for harming a fetus. Former pro football player Rae Carruth, convicted of plotting the murder of his pregnant girlfriend, was also found guilty of "using an instrument with intent to destroy an unborn child." His girlfriend eventually died from gunshot wounds, but her baby was delivered by Caesarean section 10 weeks early and survived.

In spite of opposition from abortion rights groups, such laws and bills are increasingly common. Last year, Idaho and Nebraska enacted new statutes and Congress is expected to reconsider a fetal homicide bill entitled "Unborn Victims of Violence Act." The House of Representatives passed the bill in its last session.

Debating a law for fetuses As in the Keeler case in California, new state laws usually come on the heels of a high-profile case that causes public outrage. Kentucky, a state with no fetal homicide law, is considering such a statute following the death of Veronica Jane Thornsbury.

The 22-year-old was in labor and being driven to a hospital in March 2001 when a drug-addled driver plowed his pick-up through a red light and smashed into her car. Thornsbury was killed and the fetus was stillborn, and prosecutors charged two counts of murder.

The state's Court of Appeals ruled that since Thornsbury's child never drew a breath, the second murder charge was inappropriate. Her case was cited often last month as state legislators began debating a fetal homicide law.

In a similar case in New York, which has no fetal homicide law, a police officer named Joseph Gray ran over a pregnant woman and two relatives. All three were killed. Doctors delivered the baby, but it died after 12 hours on life support.

Queens prosecutors originally charged three counts of manslaughter, saying that because the coroner listed the baby as stillborn, he had not been "born alive" and could not be a manslaughter victim. The baby's father protested that the baby's heart beat independently for close to an hour after life support was removed. Prosecutors relented, and Gray was convicted of four counts of manslaughter.

In Peterson's case, the fetal murder statute could lead to a capital case. Under California law, anyone charged with multiple murders is eligible for the death penalty. Prosecutors must prove that the perpetrator had the intent to kill the fetus or at least knew that the death would result from the mother's killing. It seems unlikely that anyone could not know that Laci Peterson, less than two months from full-term, was pregnant.

(Excerpt) Read more at cnn.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; US: California
KEYWORDS: lacipeterson
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To: uvular
Took police about 1 year before they charged Bruce Koklich in the death of his wife

Took about a year for "little beaver" to be charged too, didn't it?

I think these long investigations are related to the OJ fiasco.

21 posted on 03/27/2003 10:31:20 AM PST by iconoclast
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To: RGSpincich
lol..... TOMAHAWK...
22 posted on 03/27/2003 10:32:35 AM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: Spunky
YES, JUST A DIFFERENT POINT OF VIEW OF OPINIONS...(NOT MINE)
23 posted on 03/27/2003 10:33:27 AM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear
This is not true. Look at Robert Blake's case. They had a dead body, weapon, motives, and witnesses, but it took them one year to file any charges.

I know they're going to find her, and he'll be charged.
24 posted on 03/27/2003 10:37:02 AM PST by Office Manager
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To: jdontom
I think that station ID was from the East Coast?....
25 posted on 03/27/2003 11:30:57 AM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: runningbear; All
"found this story interesting:"

This is similarly INTERESTING as a example as how far they will go:
http://www.corpus-delicti.com/turvey_cases.html
You will have to schroll down to CA.versus Douglas Mouser and click on.

http://www.corpus-delicti.com/mouser.html
This one is court testimony...Long but thought provoking..
26 posted on 03/27/2003 11:59:37 AM PST by STOCKHRSE (God Bless and keep our Commander In Chief....We are expendable...)
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To: STOCKHRSE; runningbear
Runningbear thanks for the ping.Interesting links, thanks Ray.
27 posted on 03/27/2003 12:04:57 PM PST by MaggieMay (A blank tag is a terrible thing to waste)
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To: STOCKHRSE
PS to #26

You will have to schroll down to the Red Links to get to the cross examination:

http://www.corpus-delicti.com/mouser_101999_prodan_cross1.html
PAGE 1

http://www.corpus-delicti.com/mouser_101999_prodan_cross2.html
PAGE 2
28 posted on 03/27/2003 1:14:53 PM PST by STOCKHRSE (God Bless and keep our Commander In Chief....We are expendable...)
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To: STOCKHRSE
PS to #26

You will have to schroll down to the Red Links to get to the cross examination:

http://www.corpus-delicti.com/mouser_101999_prodan_cross1.html
PAGE 1

http://www.corpus-delicti.com/mouser_101999_prodan_cross2.html
PAGE 2
29 posted on 03/27/2003 1:17:12 PM PST by STOCKHRSE (God Bless and keep our Commander In Chief....We are expendable...)
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To: STOCKHRSE
Sorry about the double...Hopeless!!
30 posted on 03/27/2003 1:18:50 PM PST by STOCKHRSE (God Bless and keep our Commander In Chief....We are expendable...)
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To: runningbear
Great find, Thanks RB
31 posted on 03/27/2003 2:22:47 PM PST by RnMomof7
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To: jdontom; runningbear
I find it interesting that pic shows Scott hiding his hands deep inside his pockets. It could be taken as a sign of his hiding something.
Thanks for the ping rb!
32 posted on 03/27/2003 3:12:28 PM PST by BonneBlue
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Comment #33 Removed by Moderator

To: STOCKHRSE
National Enquirer 3/11....

FWIW...I do not confirm or deny, believe or disbelieve; but after reading the Mouser case thought I would just post it....:-/ (ray is skeptical of MPD)


National Enquirer 3/11....

"I was the Target Not Laci". Look alike neighbor's shocking claim. by Don Gentile

Police searching for Laci investigated an astonishing mistaken identity theory, The Enquirer has learned.

After pregnant Laci vanished on Christmas Eve while walking her golden retriever, McKenzie, a neighbor told police that she, not Laci may have been the intended target!

The neighbor- who gave birth recently- is a look-alike for Laci and incredebily also has a golden retriever named McKenzie.

Her name is not being revealed by The Enquirer, but she is a deputy district attorney in the Modesto, Calif., area who received death threats.

Last October, the deputy D.A. was handling the sentencing of a violent criminal and was visibly pregnant at the time.

"The prisoners wife, who was in court, yelled out that she hoped the deputy D.A. would die- and also made horrible threats against the unborn child," divulged a source.

After Laci disappeared, the deputy D.A. told police about the threats and revealed that she walks her dog in the same neighborhood park where Laci walked her golden retriever. "Police investigated the deputy D.A.'s story but decided that it was not connected to Laci's disappearence," said the source.


I would love to hear how they PROVE this negative...;-0)...
(Ray is just kidding, of course, a negative can't be proven but this negative may prove to be a big positive for the defense in a circumstantial case. Remember this DA was also walking her dog that morning at that time in the same vicinity...so I understand)


34 posted on 03/28/2003 11:26:24 AM PST by STOCKHRSE (God Bless and keep our Commander In Chief....We are expendable...)
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To: runningbear
Thanks for the ping.

FWIW, the author of the article "If Scott Peterson had murdered Laci, he would have been arrested by now." has been touting similar strange articles about the Laci Peterson case for a long time at alt.true-crime.

You can see a history of the posts here:

http://groups.google.com/groups?hl=en&lr=&ie=UTF-8&safe=off&q=author:tiffanyanderson2u%40yahoo.com+

"From:tiffanyanderson2u@yahoo.com (tiffanyanderson2u@yahoo.com)
Subject: Re: Fresno County Search for Laci
Newsgroups:alt.true-crime
Date: 2003-03-20 07:15:37 PST

Now the story seems like a repeat of the Chandra Levy scandal, in which a Modesto woman vanished in Washington, D.C. Upon investigation, it turned out that she had been having an affair with Congressman Gary Condit (R-Calif.). Although Condit had nothing to do with her disappearance, journalists pounced on the story and turned it into a sordid soap opera."

http://www.geocities.com/easy2free2003/news.htm

Condit is a Republican in Tiffany's world...hmmmmmmm

35 posted on 04/01/2003 12:36:00 PM PST by hergus
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Comment #36 Removed by Moderator

To: All
I was just re-examining that story that headlines this thread--about the ex "stomping the baby out of the woman." Egad!

Later in the article, they mention MINNESOTA as one of the states in which "it" is officially regarded as a person from the moment of conception. I was amazed AND amused, considering some of the liberalism I've seen coming out of Minnesota at times. (In spite of that, there is a lot of good that comes out of Minnesota.)

I was reminded of a case where a youngish woman had viciously assaulted another woman who was pregnant. I said indignantly, outside a courtroom where the woman was being charged with assault, "She could have caused her to miscarry." (The baby had not miscarried, however.) The defense attorney replied sardonically, "What're you so upset about? A lotta girls pay money for that service."

Later, I had the satisfaction of seeing that defense attorney storm out of a courtroom, slamming a door loudly behind him, after a prosecutor kicked his a-- in another hearing on his client's assault case.
37 posted on 04/02/2003 5:17:33 AM PST by Devil_Anse
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Comment #38 Removed by Moderator

To: Cafecito
nothing new as of this moment... yes, everything is sort of wrapped in the Iraq war news for now... Still, I look at least 2 times daily for news, or updated stuff, nothing other than the Globe or National Enquirer for tabloids, which gets some goodie tidbits for teasing.. ;o)

I'll keep ya posted or pinged when a story updated or new comes available online....

39 posted on 04/02/2003 6:01:52 AM PST by runningbear (Lurkers beware, Freeping is public opinions based on facts, theories, and news online.......)
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To: Cafecito
There are lots of laws that don't logically fit in with the wondrous federal abortion case law. They generally cover fact situations that don't jibe with the situation of a woman opting for abortion on her own. B/C of that, it is recognized that those situations do not put into play that most supreme of all Constitutional rights, a woman's right to kill her own offspring as long as it hasn't quite started breathing on its own yet. So those cases are not judged by "federal law permitting abortion."

Have you forgotten that abortion is "a woman's choice"? Well, if the woman doesn't choose it, it's kind of mean to abort her little life-form, now, isn't it? Who's going to argue, if you prosecuted someone who FORCED an abortion on the woman?
40 posted on 04/02/2003 6:15:36 AM PST by Devil_Anse
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