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Justice or Travesty?
Posted: Tue Jun 07, 2005 8:48 am
by Lyion
As most know, I'm pretty staunchly pro life. However I can't agree with giving a 19 year old life imprisonment for this, regardless of the fact I believe it's an evil, evil act.
Teen Gets Life Sentence For Helping Girlfriend End Pregnancy
19-Year-Old Stepped On Stomach While Girl Punched SelfPOSTED: 6:44 am CDT June 7, 2005
LUFKIN, Texas -- A 19-year-old East Texas man faces a life prison sentence for causing his teenage girlfriend to miscarry twins, even though she wanted to end the pregnancy.
Gerardo Flores was accused of causing the miscarriage by stepping on his girlfriend's stomach. He was prosecuted under the state's new fetal protection law.
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. Because prosecutors declined to seek the death penalty in the case, Flores received the automatic life sentence.
http://www.channel3000.com/news/4577721/detail.html
Posted: Tue Jun 07, 2005 8:49 am
by mappatazee
I was about to post this.
ABSOLUTE POPPYCOCK. A couple should be able to kill their fetus however they want. God dammit.
Posted: Tue Jun 07, 2005 9:00 am
by Martrae
It doesn't say how far along she was. The fact that they know it was twins probably means it was way past the point of legal abortion.
Posted: Tue Jun 07, 2005 9:04 am
by Lyion
Except there is no legal endpoint for Abortion. You keep forgetting the courts allow abortion up until the time the whole body is out, Mart.
Posted: Tue Jun 07, 2005 9:08 am
by Lyion
She was five months pregnant, Mar
Basoria, then 16, was five months pregnant when Flores stepped on her bulging belly more than once the week before she gave birth prematurely in a bathroom at Flores' house the night of May 6, 2004. The defense said she hit herself at the same time, making it impossible to tell who killed the babies. Testimony alleged both may have wanted a miscarriage so the babies wouldn't infringe on college and social plans.
Posted: Tue Jun 07, 2005 9:51 am
by Martrae
Wrong....once a baby reaches viability then abortions are generally not performed unless there is a health concern. At 5 months I'm betting no doctor would perform the abortion which is why they did this.
Posted: Tue Jun 07, 2005 10:40 am
by Lyion
Might want to check your facts. There are doctors who specialize in late term abortions.
Also, states are not allowed to enact laws that are against late term abortions
About 20,000 women a year seek abortions after the 21st week, which marks roughly the midway point in a pregnancy. Perhaps 1,000 terminate after 24 weeks, when the fetus is generally considered viable. The practice, though rare, makes many Americans uneasy. While 60% say abortion should be legal in the first trimester of pregnancy, 12% say it should be legal in the third trimester, according to a Harris poll conducted in February.
Posted: Tue Jun 07, 2005 11:25 am
by Martrae
Current Supreme Court rulings allow the individual states to regulate abortion in the following ways:
* Banning elective abortions after viability;
* Requiring parental consent or notice before a minor can obtain an abortion, although usually a "judicial bypass" option must be made available;
* Requiring waiting periods before an abortion may be performed. (Usually 24-48 hours.);
* Requiring informed consent or counseling be obtained before an abortion. (States often mandate what information must be presented.);
* Requiring certain kinds of record keeping;
Each state addresses these matters independently and what laws are passed or enforced is a legislative decision, and, more broadly speaking, a function of the political system.
http://hometown.aol.com/abtrbng/abortl.htm
Each state is different and has different laws on the books about abortion. Just because Virginia allows late-term abortions doesn't mean Texas does.
Posted: Tue Jun 07, 2005 11:37 am
by Lyion
Federal Judges have overturned two late term abortion laws just this week, Mart.
Martrae wrote:Wrong....once a baby reaches viability then abortions are generally not performed unless there is a health concern. At 5 months I'm betting no doctor would perform the abortion which is why they did this.
This is just not true, as much as I wish it were. Any adult who wants a late term abortion in this country right now can pretty much get one. I posted the stats above, and there are many third trimester abortions performed each yearh
Again, there are doctors who specialize in late term abortions, even.
http://www.abortion.com/abortion_clinics_late_term.php
Posted: Tue Jun 07, 2005 11:41 am
by Gidan
How in the world do you get a conviction on that? How can it be proved beyond any reasonable doubt that he inflicted the killing blow?
Posted: Tue Jun 07, 2005 11:46 am
by Harrison
As much as I hate the fact he did it...
I don't believe he should be punished for something that can be done legally in the first place. Personally if I knew these two I'd beat them with a bat...but that's neither here nor there.
The ass backwards logic of allowing late term abortions at all makes this related to removing a tooth.
The judge and/or jury here were 100% wrong.
Posted: Tue Jun 07, 2005 11:49 am
by Lyion
He absolutely should be punished for his actions, but he is not an overt threat to society and this sentence was ludicrous for the crime commited.
Posted: Tue Jun 07, 2005 11:55 am
by xaoshaen
The defense contended that Basoria punched herself while Flores was stepping on her, making it impossible to tell who killed the twins.
I'd lock him up too. The next time they might actually procreate, and really, who wants to see
that?
Posted: Tue Jun 07, 2005 11:58 am
by Harrison
Ok, rewording it.
He shouldn't get life in prison or the death penalty.
Posted: Tue Jun 07, 2005 11:59 am
by Gidan
Would this more or less be considered as the 2 of them performing an abortion? What are the laws in regard to who can actually perform an abortion?
Re: Justice or Travesty?
Posted: Tue Jun 07, 2005 12:04 pm
by Zanchief
lyion wrote:He was prosecuted under the state's new fetal protection law.
...
Posted: Tue Jun 07, 2005 12:12 pm
by Reverie
What is wrong with people.... That's so horrible.. and wrong.
Posted: Tue Jun 07, 2005 12:15 pm
by xaoshaen
It does kind of lend new meaning to the taunt "I'll hit you so hard your kids will feel it", though.
Posted: Tue Jun 07, 2005 12:18 pm
by Martrae
lyion wrote:Federal Judges have overturned two late term abortion laws just this week, Mar.
Were those partial-birth abortions?
Posted: Tue Jun 07, 2005 12:34 pm
by Lyion
I believe so, The exacting wording I recall is late term.
Posted: Tue Jun 07, 2005 12:35 pm
by Wrath Child
lyion wrote:He absolutely should be punished for his actions, but he is not an overt threat to society and this sentence was ludicrous for the crime commited.
I would consider anyone who would repeatively stomp on the belly of a pregnant woman - whether she wanted him to or not - to be quite dangerous.
Let me guess, you don't think this bloke
is dangerous either...
If they were going to stomp on anyone, it should have been their own heads. This world is far too overpopulated to allow these two losers to live. Kill them both and be done with it already.
Posted: Tue Jun 07, 2005 12:46 pm
by Lyion
It's a touchy subject and I can certainly relate to your point of view.
But no, I don't think he's a danger to society. Just an idiot who did something that was asked him without understanding the consequences.
Manslaughter? Sure. Assault? Sure. But given the lay of the land and the legality of abortion I have a tough time giving a 19 year old life imprison for this.
Posted: Tue Jun 07, 2005 12:52 pm
by Wrath Child
It's just a shame they didn't think to videotape themselves. I would have loved seeing that dumb bitch screaming in pain while he played DDR on her gut!
Posted: Tue Jun 07, 2005 1:00 pm
by Eziekial
How can it be assult of she asked him to do it? She did not press charges, the state did. This is what happens when you abolish abortion thinking you've solved a much deeper problem. What do we do when a woman reports a miscarriage? Launch an investigation? Would we charge expectant mothers with murder if the fall down steps and cause a miscarriage? Who draws this line? It's a travesty in any sense.
Abortion is not the problem, it's a symptom of the problem. The problem is unwanted pregnancy. Banning abortion will not stop abortion just like banning sneezing will not cure a cold.
Posted: Tue Jun 07, 2005 1:22 pm
by Martrae
This is a result of the fetal protection act. Sickos were assaulting pregnant women and killing the babies and only being charged with a simple assault. See when the woman wants it, it's a baby and killing it is wrong, but if the woman doesn't then it's a parasite or a fetus and can be killed. What a world we live in.