Mother kills newborn, can’t be charged

[Patranus]

Mother won’t be charged with baby’s death because of law loophole

A loophole in state law is preventing Campbell County investigators from charging a woman they say killed her newborn baby.

Deputies were called to a home in the 1200 block of Lone Jack Road in Rustburg around 11:00a.m. Friday. The caller said a woman in her early 20s was in labor. When deputies arrived, they discovered the baby had actually been born around 1:00a.m., about ten hours earlier. Investigators say the baby was already dead when deputies got there.

Investigators tell WSLS the baby’s airway was still blocked. They say the baby was under bedding and had been suffocated by her mother. Investigators say because the mother and baby were still connected by the umbilical cord and placenta, state law does not consider the baby to be a separate life. Therefore, the mother cannot be charged.

“In the state of Virginia as long as the umbilical cord is attached and the placenta is still in the mother, if the baby comes out alive the mother can do whatever she wants to with that baby to kill it.“, says Investigator Tracy Emerson. “She could shoot the baby, stab the baby. As long as it’s still attached to her in some form by umbilical cord or something it’s no crime in the state of Virginia.“

The Campbell County Sheriff’s Office and Commonwealth’s Attorney’s office worked unsuccessfully to get the law changed after another baby died in the county in a similar case. Emerson says they asked two delegates and one state senator to take the issue up in the General Assembly. He says the three lawmakers refused because they felt the issue was too close to the abortion issue.

Emerson tells us there’s a double standard with the law. If someone other than the mother harms a baby still attached to the mother, that person can be charged.

The baby’s grandmother was home and was the one who called 911. Police say she will not be charged because the baby was born in the middle of the night and the grandmother did not know until late morning. Investigators tell us the baby’s father was upset when he showed up at the home after deputies.

“He was very upset. I think the grandparents were upset. I believe everyone was upset, except for the person who should have been upset, the mother.“, says Emerson.

Emerson tells us the woman knew she was pregnant and had received prenatal care. He says the baby was full-term, due Tuesday. The medical examiner says the baby was born healthy. An autopsy is being performed. The baby’s body will then be released to the family.

http://www2.wsls.com/sls/news/local...th_babys_death_because_of_law_loophole/68659/

There is simply no way anyone can defend this.

 

[bl4ckfl4g]

I assume you support this. I can only assume since you didn't give any commentary.

 

[blackangst1]

And so? Third trimester abortion story. Whats the big deal?

 

[AyashiKaibutsu]

Jesus, atleast put her in a mental facility or something.

 

[blackangst1]

Jesus, atleast put her in a mental facility or something.

For essentially a legal proceedure?

 

[Elfear]

Wow. That is the saddest news story I have read in awhile. My heart goes out to the father and grandparents. Hopefully Virginia will change this ASAP to reflect a rational and just law.

 

[AyashiKaibutsu]

For essentially a legal proceedure?

For being crazy, could look at it as a self inflicted wound/suicide attempt if you want to get crazy with legal jibajaber.

 

[Atreus21]

http://www2.wsls.com/sls/news/local...th_babys_death_because_of_law_loophole/68659/

There is simply no way anyone can defend this.

So it's an umbilical cord that defines humanity.

We have gone truly insane.

 

[blackangst1]

Do I think this is totally fucked up? Absolutely; however, this is a stark example of a third trimester abortion. Which, Im sure most of you agree with keeping abortion legal. It's just not as....tidy when not done in a clinic.

 

[her209]

Is this defensible? No. Its pretty abominable in fact. But why does such a "loophole" exists?

 

[Doc Savage Fan]

So it's an umbilical cord that defines humanity.

We have gone truly insane.

This.

 

[frostedflakes]

Is this defensible? No. Its pretty abominable in fact. But why does such a "loophole" exists?

Probably related to some abortion law. Definitely a strange situation. Surprised the law wasn't changed after this happened the first time, though.

 

[JTsyo]

Why go through 9months plus labor if she didn't want the baby?

 

[Red Dawn]

Why go through 9months plus labor if she didn't want the baby?

A lot of women lose it mentally towards the end of their pregnancy or shortly after giving birth. Now granted I don't know if this is the case regarding this woman but it definitely should be looked into be the authorities.

 

[frostedflakes]

Why go through 9months plus labor if she didn't want the baby?

Postpartum depression. I doubt she was of sound mind when she killed her baby.

 

[Patranus]

Postpartum depression. I doubt she was of sound mind when she killed her baby.

It wasn't a baby, it was a mass of cells....get your story straight.

 

[StageLeft]

Not surprising, though ridiculous. The law on abortion is utterly fvcked, from the double standard pointed out in the article to the arbitrary time at which the thing transitions from just a bunch of cells to some kind of a baby life at which point it's too late to kill.

Why go through 9months plus labor if she didn't want the baby?

Maybe this is cheaper. It's well known that kids are killed/thrown in dumpsters by some mothers. It just happens.

 

[frostedflakes]

It wasn't a baby, it was a mass of cells....get your story straight.

It's obvious the point you're trying to make by posting this story. FWIW, I doubt you'll find many supporters of abortion on this board that agree with third trimester abortions. You might be able to catch a few posters in the trap you're laying, though.

 

[Doc Savage Fan]

It wasn't a baby, it was a mass of cells....get your story straight.

It's not a baby...it's a fetus. /s

 

[Red Dawn]

You might be able to catch a few posters in the trap you're laying, though.

By pretending to be a pile of excrement to attract a few flies? Hardly seems worth it.

 

[CycloWizard]

Is this defensible? No. Its pretty abominable in fact. But why does such a "loophole" exists?

Because of the completely arbitrary way in which the USSC defined when a fetus becomes a person. Let's punt logic out the window and just have a good time!

 

[Generator]

What a clever bitch.

 

[MovingTarget]

Very few on the 'pro-choice' side of the aisle would call this an abortion, nor would they support teh actions of the mother. It is morally reprehinsible, but calling it an abortion is dishonest. Bottom line is that the legal loophole needs to be closed and the time between birth and the cord being cut will get the same protection. You do not cut the cord before a child is born, only after.

 

[OutHouse]

Do I think this is totally fucked up? Absolutely; however, this is a stark example of a third trimester abortion. Which, Im sure most of you agree with keeping abortion legal. It's just not as....tidy when not done in a clinic.

I do not see how you can compare this to an abortion.

 

[CycloWizard]

I do not see how you can compare this to an abortion.

Because, in a legal sense, it is apparently an abortion. Since the baby was still physically attached to its mother, the mother had an absolute right to do whatever she wanted to it.