Pregnant Woman Shoots Herself To Abort Baby - Baby Dies - Woman Might Walk Free

Discussion in 'Law and Justice System' started by GotZoom, Mar 6, 2006.

  1. GotZoom
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    GotZoom Senior Member

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    SUFFOLK — The defense attorney for a woman accused of shooting herself in the stomach and killing her unborn child says an abortion charge won’t hold up in court.

    Suffolk’s lead prosecutor says his office is still investigating the crime.

    Tammy Skinner, 22, is charged with inducing an abortion and filing a false police report. Prosecutors have already said they plan to drop a firearms charge because it doesn’t apply.

    Virginia Beach lawyer Kevin Martingayle, who met with Skinner on Friday, said he doesn’t think the abortion charge applies either.

    “All of the provisions of the law are aimed at third parties, not at pregnant mothers,” Martingayle said. “We do not read laws broadly to express outrage. We don’t assume anything is illegal.”

    “I have said from Day One, there are a lot of technical, legal issues that need to be looked at,” Ferguson said Friday. “We are investigating all of those things. This is a stretch. Whatever we feel is appropriate, we’ll move ahead with.”

    Skinner’s next court appearance is Friday.

    If prosecutors go forward with the abortion charge, it will be the first time in this area and probably the first time in the state.

    Police arrested and charged Skinner the day after she got out of the hospital, where she underwent a Caesarean section to deliver the baby and surgery for the bullet wound.

    Skinner, who has two other children, called police at 4 a.m. Feb. 23. She told them she had been shot in the stomach but said she couldn’t remember where she was shot or who shot her.

    The baby girl, who was expected to be born that day, died.

    Prosecutors have previously said that the state’s fetal homicide law, adopted in 2004, does not apply because of the way it’s worded. It refers to taking the life of the “fetus of another.”


    The abortion law that Ferguson is using doesn’t apply either, Martingayle said. Eventually, he said, the incident could change some state laws, but they can’t be applied retroactively.

    “This is an unusual situation,” Ferguson said. “It involves a statute that has other ramifications to it. We may be making the law.”

    Marie Walls, senior assistant commonwealth’s attorney, said prosecutors are striving to make certain that charges will stand up all the way to the U.S. Supreme Court.

    The baby’s funeral will be at 1 p.m. today at New Mount Joy Food for Living Ministries.

    In her obituary, she’s referred to as “Little Angel.”

    “I understand that people feel moral outrage over this,” Martingayle said. “And there is likely to be some criminal punishment. But perhaps she’s been punished enough.”

    http://home.hamptonroads.com/stories/story.cfm?story=100574&ran=227137

    Punished enough? How about the child?

    Geez....
     
  2. dmp
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    dmp Senior Member

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    If the girl in Texas can go free for having her boyfriend pound and stomp on her stomach to abort, this lady should go free.
     
  3. Nienna
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    Nienna Senior Member

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    Whatever the lawyers and legislators end up deciding, it is still a homicide.
     
  4. archangel
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    archangel Guest

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    arguing the semantics of abortion vs murder is at the least unfounded...although she did abort using murder(a firearm) she should be prosecuted for homocide...what is the difference between her shooting a child say one or two years old and one just about to be born?
     
  5. Trigg
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    Trigg Active Member

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    "The baby girl, who was expected to be born that day, died."

    Maybe I'm just being slow today, but why would the woman wait until the baby is full term to try to abort it???
     
  6. GotZoom
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    GotZoom Senior Member

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    She put a gun to her stomach and pulled the trigger.

    Who knows what the hell is going through her head.
     
  7. Abbey Normal
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    Abbey Normal Senior Member

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    Say again? [​IMG]
     
  8. Trigg
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    Trigg Active Member

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    true
     
  9. Joz
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    Joz Senior Member

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    ...Virginia Beach lawyer Kevin Martingayle, who met with Skinner on Friday, said he doesn’t think the abortion charge applies either....

    If this is the case, there needs to be some consistency....

    Six men and six women convicted Peterson Friday of the first-degree murder of his wife, Laci, and the second-degree murder of the fetus she was carrying. The couple had planned to name their son Conner. The jury also agreed on a “special circumstance” that calls for capital punishment — namely that he killed another person — the fetus — while committing a felony — the intentional and premeditated killing of his wife....

    http://www.msnbc.msn.com/id/6385208?GT1=5809
     
  10. Abbey Normal
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    Abbey Normal Senior Member

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    Now Mom, don't you know? It's not murder. It's a "choice".
     

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