GotZoom
Senior Member
SUFFOLK The defense attorney for a woman accused of shooting herself in the stomach and killing her unborn child says an abortion charge wont hold up in court.
Suffolks 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 doesnt apply.
Virginia Beach lawyer Kevin Martingayle, who met with Skinner on Friday, said he doesnt 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 dont 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, well move ahead with.
Skinners 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 couldnt 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 states fetal homicide law, adopted in 2004, does not apply because of the way its worded. It refers to taking the life of the fetus of another.
The abortion law that Ferguson is using doesnt apply either, Martingayle said. Eventually, he said, the incident could change some state laws, but they cant 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 commonwealths attorney, said prosecutors are striving to make certain that charges will stand up all the way to the U.S. Supreme Court.
The babys funeral will be at 1 p.m. today at New Mount Joy Food for Living Ministries.
In her obituary, shes 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 shes been punished enough.
http://home.hamptonroads.com/stories/story.cfm?story=100574&ran=227137
Punished enough? How about the child?
Geez....
Suffolks 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 doesnt apply.
Virginia Beach lawyer Kevin Martingayle, who met with Skinner on Friday, said he doesnt 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 dont 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, well move ahead with.
Skinners 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 couldnt 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 states fetal homicide law, adopted in 2004, does not apply because of the way its worded. It refers to taking the life of the fetus of another.
The abortion law that Ferguson is using doesnt apply either, Martingayle said. Eventually, he said, the incident could change some state laws, but they cant 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 commonwealths attorney, said prosecutors are striving to make certain that charges will stand up all the way to the U.S. Supreme Court.
The babys funeral will be at 1 p.m. today at New Mount Joy Food for Living Ministries.
In her obituary, shes 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 shes been punished enough.
http://home.hamptonroads.com/stories/story.cfm?story=100574&ran=227137
Punished enough? How about the child?
Geez....
