Texas man gets death penalty for killing fetus

Discussion in 'Current Events' started by Little-Acorn, Feb 8, 2007.

  1. Little-Acorn
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    Little-Acorn Gold Member

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    I'll ask the obvious question. If this guy can get the death penalty for killing a fetus (and its mother), under this new 2003 Texas law defining a fetus as a person, what penalty do abortion doctors get for deliberately killing THOSE fetuses?

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    http://hosted.ap.org/dynamic/storie...ME&TEMPLATE=DEFAULT&CTIME=2007-02-07-19-35-27

    Texas Man Gets Death for Killing Fetus

    By ELIZABETH WHITE
    Associated Press Writer
    Feb 7, 7:35 PM EST

    SAN ANTONIO (AP) -- A former youth pastor was sentenced to death Wednesday for killing a teenager and her fetus in what is believed to be the first such order in Texas, the nation's busiest death penalty state.

    Adrian Estrada, 23, was convicted Friday of one count of capital murder for the death of Stephanie Sanchez and the fetus, of which he was the father.

    "This is a significant case," said Bexar County prosecutor Susan Reed. "This is significant for the state."

    A 2003 Texas law amended the definition of the word "individual" to include an "unborn child at every stage of gestation from fertilization until birth."

    The death sentence is Texas' first in the death of a fetus, said Dave Atwood, founder of the Texas Coalition to Abolish the Death Penalty, which monitors capital cases.

    Sanchez, 17, was three months pregnant Dec. 12, 2005, when her body was found in her family's home. She had been choked and stabbed 13 times. During the trial, DNA evidence was presented to show Estrada was the father.

    Estrada, a former youth pastor for a church, admitted to the stabbing the day after the killings. Prosecutors also said he worked out at a gym and went shopping after the crime. He showed no emotion when his punishment was read.

    "The bad guy that you don't suspect is the one that you can't protect your loved one from," said Scott Simpson, Bexar County assistant prosecutor. "And that's what he was and that's what he is."

    Estrada's attorney, Suzanne Kramer, had argued that her client made bad decisions.

    "It that enough to execute him? Is that enough to kill him?" she asked the jury.

    According to the Web site of the National Conference of State Legislatures, at least 36 states have homicide laws defining a fetus as a person.
     
  2. glockmail
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    glockmail BANNED

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    Nice defense. :cuckoo:
     
  3. Little-Acorn
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    Little-Acorn Gold Member

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    Her client "made bad decisions"?

    Ummm... her client made someone DEAD.

    Two someones, in fact, according to Texas law.

    How much do you have to pay a lawyer in Texas to get her to stop noticing that inconvenient fact?

    :cuckoo:
     
  4. Nienna
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    Nienna Senior Member

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    I'm wondering why they mentioned the "youth pastor" thing. They mentioned it twice. Was he a youth pastor at the time of the murder? What was the relevance of that piece of information, unless to hint of the "evil" influence of religion?
     
  5. pegwinn
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    pegwinn Top of the Food Chain

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    I will try to explain. If you find it offensive then you may neg rep me and call a lawyer :) That was a joke, it's Saturday and I just finished fifty-eight hour week. Need Beer and humor.

    Certain folks in our society are set on a pedestal. Cops, Teachers, Firemen, Clergy, Army, Navy, AirForce, Marines, and Boy Scouts just to name a few. When they screw the pooch, society demands more than the simple stern talking to and slap on the wrist. In Texas we say that an "ass whuppin" is in order.

    I will freely admit that none of the above (save Marines of course) are perfect. But society places them on a pedestal as a gesture of the genuine awe felt that someone would aspire to such greatness. When one (of the pedestal people) fails to uphold the mythos, vital trust is chipped away until one day the pedestal is gone. It happened to Batman you know.

    Which is why the youth minister was mentioned twice. The prosecutor was reminding the jury that he not only fell off the pedestal, he kicked it, cursed at it, and now all youth ministers must re-certify them selves as genuine pedestal worthy standers.

    Clear as mud now?
     
  6. Bullypulpit
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    Bullypulpit Senior Member

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    The law is overly broad and vague. He could have gotten the death penalty for murdering the teen. But to equate a fetus "at any stage of development" with an actual human being is utter nonsense. By that logic, a woman who takes Plan B to prevent a fertilized egg from implanting in her uterus would be guilty of murder. It's <i>reductio ad absurdum</i> to equate potential life with actual life.
     
  7. Avatar4321
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    Avatar4321 Diamond Member Gold Supporting Member

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    If that's his attorney's argument Id be suing her for malpractice. Although that wont really help him.
     
  8. pegwinn
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    pegwinn Top of the Food Chain

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    In order for the fetal law to take effect you have to do something to the mom. It's a second layer only, never a primary. Look it up on findlaw I think. Long, boring read, but that was the gist of it.
     
  9. Bullypulpit
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    Bullypulpit Senior Member

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    True enough, but follow it to it's logical conclusion. There you will find the real agenda of the so called "right-to life" movement
     
  10. red states rule
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    red states rule Senior Member

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    Bush Court Overturns Roe v. Wade
    When I first read today's horrifying headline "SUPREME COURT BANS DEATH PENALTY FOR YOUTHS!" I nearly plotzed.

    "OMIGODDESS! BUSH HAS DONE IT!" I screamed at my confused cat. "THAT FASCIST SHRUB HAS OVERTURNED ROE V. WADE!"

    But after reading further, I breathed a deep sigh of relief. Thankfully, the court ruling only applies to youths who have committed horrible, ghastly crimes - usually through no fault of their own. Womyn can still purge their bodies of intestinal parasites without the Ashcroft Gestapo hauling them off to Gitmo.

    For now, anyway.

    As with the Terry Schiavo case, this may just be another Bush plot to slowly chip away at a Woman's Right to Choose. Now that his conservative-packed Supreme Court has ruled that executing teenagers is "cruel and usual punishment", it'll be all to easy for them to slowly lower the bar. Today, it's teenagers. Tomorrow they'll be insisting it's "cruel and unusual" to slowly drown your five kids in a bathtub - rather than merely a symptom of post-partum depression. Then before you know it, we'll be right back in the dark ages of the 1950's when abortion wasn't lauded as a noble feminist statement against male hegemony.

    Still, I'm not quite ready to jump on the pro-death penalty bandwagon. At least, not for so-called "criminals". If Bush is going to undermine a Woman's Right to Choose by sparing the lives of "guilty" minors, then we must do the exact opposite to protect that right and demand the immediate execution of all "innocent" teens.

    It shouldn't he too difficult. We'll begin with every minor who doesn't have a criminal record. Their "innocence" is merely a product of their complacency, so they're little more than itty-bitty Eichmanns in the prison/industrial complex. As soon as they're out of the way, we can start on the College Republicans, who've been itching for it for a long time. Oh, and we absolutely must do something about the Boy Scouts...except for the gay ones.

    Now, I'm not advocating acts of violence against any of these people, but rather a kind, humane, form of euthanasia. Death is, after all, a release from the cruel suffering of life. It should be a beautiful experience, spent amongst loved ones, and administered by physicians with the government-granted authority to snuff us out.

    http://blamebush.typepad.com/blamebush/reproductive_rights/index.html
     

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