Why was she not prosecuted?

[Pete's Mom]

Double Murder Conviction for Man Who Helped Girlfriend Miscarry

Tuesday, June 07, 2005

LUFKIN, Texas — A 19-year-old accused of causing his teenage girlfriend to miscarry two fetuses by stepping on her stomach was convicted Monday of two counts of murder.

Gerardo Flores received an automatic life sentence because prosecutors did not seek the death penalty, which was available under the state's 2003 fetus protection law.

Erica Basoria, 17, acknowledged asking Flores to help end her pregnancy; she could not 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 caused the miscarriage.

Basoria told authorities that, after about four months of pregnancy, she regretted not getting an abortion and started jogging and hitting herself to induce a miscarriage. When her efforts failed, she said she asked her boyfriend to help.

Flores did not testify, but earlier told police that he stepped on Basoria's stomach several times during the week before she miscarried.

Prosecutor Art Bauereiss said most of Basoria's family was pleased with the jury's decision. But Basoria, who sobbed as she left the Angelina County Courthouse, had stood by Flores It's just tragedy all around," said Flores' attorney, Ryan Deaton.

Texas law defines an embryo or fetus as an "individual" and allows criminal prosecution or civil action for a preventable injury or death of a fetus. The law exempts health care providers who perform a legal medical procedure, such as an abortion.

Why was she not prosecuted?

 

[vettechick99]

Ugh! Awful story!

 

[bicker]

There are so many things about Texas' legal system that utterly defy logic.

 

[IMGONNABE40!]

I think a better question is why was he prosecuted? We do not prosecute doctors who perform abortions. He was clearly acting at the mother's behest to kill their children. As the laws stand in this country, why prosecute either of them for murder?

 

[Pete's Mom]

I think a better question is why was he prosecuted? We do not prosecute doctors who perform abortions. He was clearly acting at the mother's behest to kill their children. As the laws stand in this country, why prosecute either of them for murder?

At first I was shocked by your post, but now I catch your drift... Good point!

 

[bicker]

Though, by that logic, and it is a logic that I agree with, he should have been charged with performing a medical procedure without a license.

 

[momof2inPA]

Do you think he should have been prosecuted for practising medicine without a license?

I wonder why the girl just didn't go to a doctor? Does Texas have parental notification laws?

(ETA: Bicker beat me to it.)

 

[DisDuck]

OK.. need a medical not emotional opinion. Show me cause and effect on this quote from the article..."Flores did not testify, but earlier told police that he stepped on Basoria's stomach several times during the week before she miscarried."

I remember the 'old wives tale' that one should scrub the floors to induce labor. It would seem to me that 'stepping' on her stomach should have produced an immediate reaction, sort of like pressing on a ballon to force the air out. Also, should have damaged the fetuses. Any mention of that in the article. I really wonder what evidence the prosecutor presented to connect the 2 events because logic would seen to dictate that any action that causes a miscarriage intentional or otherwise (see old wives tale above) would be grounds for prosection in Texas. So do not miscarry in Texas as you may go to jail.

 

[ely3857]

Though, by that logic, and it is a logic that I agree with, he should have been charged with performing a medical procedure without a license.

Or beating his GF up.



Jodie

 

[Crankyshank]

I don't understand why he was charged with murder. She's barely in her 2nd trimester and legally allowed to an abortion which she specifically requested that he help her miscarry. If anything he should have been charged with assault and performing a medical procedure without a license. and they should both be charged with blatant stupidity (If only they could be)

 

[Caradana]

We all know that laws have very little to do with these prosecutions. They're all about feelings, emotions, beliefs. Anyway, would it have been possible to charge him with assault against her, even if it was assault at her own behest?

 

[brerrabbit]

A very, very sad story. But living in Texas and knowing it like I do I can tell you why he was prosecuted. LUFKIN = BIBLE BELT. His attorney should have gotten him out of there for the trial because once he was charged. he was convicted in that town.

 

[Pete's Mom]

A very, very sad story. But living in Texas and knowing it like I do I can tell you why he was prosecuted. LUFKIN = BIBLE BELT. His attorney should have gotten him out of there for the trial because once he was charged. he was convicted in that town.

Oh, I think he should have been prosecuted for a crime, but I think she bears a brunt of responsibility as well and THAT is what makes me angry!

 

[bellacam]

I wish I never opened this thread.