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There will be a real contradiction if the death penalty is applied. The Supreme Court has implied in its capital-punishment cases that capital punishment is only constitutional for murder. If killing a fetus is not killing a human being, it would be unconstitutional in this case. But the Supreme Court has held in its abortion opinions that a fetus is not a person for legal purposes.

Question: If an assailant tries to rob an expecting mother in her 8th month of pregnancy, and in the process punches the woman in the stomach and the baby dies, would the assailant be charged with murder? What about a doctor performing a C-Section (Extreme example used to get clarity) accidently slices the throat of the baby when making the incision, is the doctor held accountable for the death?

I'm sure this will be a TV-movie and that the Defense team knows a few good Hollywood filmmakers. How much you wanna bet Scott gets life with no parole for simply stating what went down. After all, there are many unanswered questions. And it's hard to make a movie if you don't have all the facts. Sad and pathetic but true.