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Can a fetus be murdered?

April 02, 2005

Gerardo "Jerry" Flores is awaiting trial in Texas on murder charges

after the death of his girlfriend Erica Basonia's twin fetuses. He

allegedly stepped on her stomach in order to kill them. The teen was

charged under the state's law protecting unborn children. Basonia,

who was five months pregnant, told investigators she had been

attempting to kill her unborn children for a number of weeks before

asking Flores to step on her stomach. Despite her admission, Basonia

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cannot be charged because the Texas law, which is similar to laws in

other states, does not allow prosecution of mothers because they have

a legal right to terminate their pregnancy.

Should the girlfriend also be charged in the matter, despite the

limits of the law? Can the law be changed without addressing the

question of abortion, or is a showdown inevitable?

From all the research I could do, it seems that abortions are

legal in the state of Texas up to 24 weeks, or six months. Basonia

was well within the legal time limit to have an abortion.

A clinical answer was available to her. Texas law only requires

parental notification, not consent, so that would not hinder her from

getting a clinical abortion.

Her boyfriend didn't seem to want the children, so it is unclear

why she felt it necessary to resort to this kind of behavior.

Her way (beating them to death) was less violent than abortion.

The Feminist Women's Health Center says that abortions over 13 weeks

are done by dilation and extraction. This is the controversial

"partial-birth abortion" that has dominated the news, also called

"intact dilation and extraction." The child is pulled from the womb

with forceps while keeping the head inside. A sharp object is used to

penetrate the skull and the brain is suctioned out, causing the skull

to collapse. This allows the head to exit easier.

Abortion provider Abortion Advantage of Texas says an "injection

of medication is made into the amniotic fluid surrounding the

pregnancy to assure that it will be stillborn and will not experience

any discomfort during the procedure."

Like the Terri Schiavo case, why are they so worried about the

comfort of the patient if it isn't human or doesn't have feelings?

I am sorry I am so graphic, but we need to realize that the

violence the girl inflicted, with the help of her boyfriend, is no

worse than the violence she would have inflicted on her twin boys had

she done it in a clinic. It is impossible to say that one is crueler

than the other.

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