Fetal homicide vs. infanticide
There is way more going on with this story than meets the eye.
You’ve likely heard about it by now. Four babies were discovered July 26 in an around the Maryland apartment of Christy Freeman after she was taken by ambulance to a hospital for hemorraging with retained placenta but denied having a baby.
Police searched and found not just the 26-week-old baby Freeman had just delivered – under her bathroom vanity – but two more in a bedroom chest and another in a Winnebago in the driveway.
The state attorney originally charged Freeman with murdering the baby she had just delivered, under a 2005 Maryland fetal homicide statute passed in response to the murders of Laci and Connor Peterson that targets criminals intending to kill a “viable fetus.”
Then, last week, the state attorney changed course and instead charged Freeman with murdering “Twin One,” as they call him/her, after the coroner concluded s/he was “full-term or near full-term,” and after Freeman confessed to letting the baby drown in the toilet where delivered.
Yes, two of the found babies were apparently twins, the ones found together in the bedroom chest, delivered in either 2003 or 2004. (There are two dates out there.) Freeman has not said how Twin Two died, nor has the coroner reported yet.
When reading various news reports, it was on these points I became confused and called Denise Burke, vice president and legal director of Americans United for Life, who was quoted in at least one news story re: this case….
The media has gotten hung up on the 2005 fetal homicide law, particularly because it has a clause exempting mothers from prosecution who have committed self-abortions that result in fetal demise.
Also problematic is the fact that three of the four deaths appear to have occurred before the law was passed.
Also problematic for prosecutors, I know, is that Baby One was 26 weeks, and viability is currently considered 23 weeks, making it harder to prosecute.
Burke told the Associated Press “she knew of no other cases in the nation of women charged under fetal homicide laws with murdering their own fetuses,” which in itself makes this case remarkable.
But what if Freeman didn’t try to abort but just delivered the babies naturally?
And what if she did try to abort – and they were born alive?
And so what if the babies were not viable?
It seems to me these cases fall instead under the realm of the Born Alive Infant Protection Act, passed in 2002, and not a fetal homicide law.
I asked these questions of Burke, who said she had asked the very same questions of many people. Burke can only conclude there is information the police have not yet released. Or perhaps the coroner has yet to complete all the autopsies.
Either way, this case could be the first in nation to test a fetal homicide law against a mother, or the first in the nation to test the Born Alive Infant Protection Act.
And here we see another unintended consequence of abortion. Maryland Del. Richard Weldon Jr., thinks the clause in the fetal homicide law will make it “difficult if not impossible to prosecute” Freeman. And I know Born Alive has been difficult to prosecute as well.
If Freeman cannot be prosecuted, apparently any mother in America can deliver her baby at home and kill the baby and get off scot-free.
So infanticide will be legal.
[Hat tip: Mary Kay (MK)]
Jill Stanek is a nurse turned speaker, columnist and blogger, a national figure in the effort to protect both preborn and postborn innocent human life.
Jill, what’s so sad about this, is that women have been allowed to get away with infanticide. Either that or they receive light sentencing. THROW THE BOOK AT HER!
sick, sick, sick!!!
I would say infanticide is pretty close to being legal. I mean, there have more than a number of woman who have given birth to babies and then threw them in the dumpster and admitted to it, and only got like a year in jail. Its a sick society we’re living in…
jasper, it’s so true. So sad.
Christy Freeman after she was taken by ambulance to a hospital for hemorraging with retained placenta but denied having a baby.
Just another example of the denial exhibited by people who can’t/don’t/won’t see the truth.
Jasper,
One of the very few times I agreed with Jesse Jackson was when he pointed out the double standard of two black youths receving stiffer punishment for starting a fight in the stands of a sporting event than did a white teenage couple who murdered their newborn son. At least the black youths didn’t kill anyone.
Mary, welcome back! WE were looking for you. The 2 teens in question were Amy Grossberg and Brian Peterson!
Heather4life,
Why, thank you! I appreciate that. Its great to be back. I was in Denver. The Rockies are gorgeous but high altitude definitely does not agree with me. Shortness of breath and light headedness, but the ride up the mountain was worth it.
welcome back Mary!
Jasper,
Thank you as well. Is it any wonder I consider all of you to be such special friends!
Mary, Jesse Jackson was correct. I did read the book about Amy Grossberg and Brian Peterson. It was called ‘Always In Our Hearts’ It is an excellent book. Amy’s state was on the right track. They wanted to charge her with Capital murder. They initially wanted to give her the death penalty. The baby had multiple skull fractures. Medical experts did not think they were a result of the child being thrown into the dumpster. Amy was able to plead guilty to manslaughter. Brian did as well. Amy received 2 and 1/2 years. Brian did 2 years. Had Brian and Amy been black, they probably would have received life sentences or the death penalty.
Jessica Coleman is another white woman who committed infanticide. She stabbed her newborn son in the chest. She and her boyfriend stuffed the baby into a duffel bag, and threw it into a quarry. A diver found the child’s body. The good people of Jessica’s town buried the child, and they gave him a marker that read ‘Baby Boy Hope’ Now Jessica is serving some time. My state gave her 6 years. That’s still not enough time. I think that these states need to start cracking down, or this is going to keep happening.
Heather4life,
Wasn’t this just the type of thing legal abortion was going to stop? Right, just like it was going to stop child abuse, poverty, welfare dependency, and every other social problem you can imagine.
Mary, I tend to think that legalized abortion has actually helped create a great majority of these problems we are seeing today.
Heather4life,
That’s very possible. One thing is absolutely certain, legal abortion does nothing to solve these problems. My experience has been that many of these teenage girls and young women have babies because they WANT to, not because they can’t access birth control or legal abortion. They find out too late that a baby is a 24/7 physical, emotional, and financial commitment.
Mary, I agree. I also feel that the message being sent is that human life is disposable. We dish out harsher punishments for DUI convictions and animal cruelty. For some odd reason, punishment for infanticide is pretty much non existant. Society isn’t helping matters. This should be considered one of the worst crimes ever.
The real killer is the timing of all these murders/abortions…
Check this out:
The timing in Freeman’s case is critical. If the pre-term infants were too young to be considered viable outside the womb, Freeman can’t be charged with murder. And if they were old enough to live outside the womb, but died before Maryland passed its 2005 fetal homicide law, it may not be a crime even if Freeman caused their deaths.
So how nuts is this. I mean if the baby was born on a Wednesday and it was snowing and it was in the AM and the baby was 11 weeks old it’s murder, but if it was a Saturday and it was sunny and it was in the PM and the baby was 22 weeks old it’s abortion…
Either it is a human being with all the rights that all human beings have or it isn’t. The fact that they can play God like this and flip flop to suit their mood is insanity!
You know what I say…
PHOOEY!
If Freeman gets off, she can honestly tell people that she GOT AWAY WITH MURDER!
True, but only here do they get away with it.
Aside from other issues, it looks to me like Freeman is simply a nutcase. Was Andrea Yates prosecuted like a “normal” person would be?
Doug
Doug,
From what I understand Yates was prosecuted as a “normal” person. Given her extensive psychiatric history this is hard to fathom. I do believe she was insane at the time of the killings, though she was not tried as legally insane.
Before her 5th and last pregnancy, she had been stabilized after extensive hospitalization, and remained medicated, after a severe post partum psychotic episode following the birth of her 4th child. She and her husband Rusty were advised to have no more children because of this.
Rusty said that both Andrea and himself decided on another baby anyway. This meant Andrea going off her meds for several months. Another pregnancy also put her at risk for another severe post partum psychotic episode. Her husband’s rationale was if Andrea became psychotic again, they would recognize the symptons and treat it. Was this guy a complete moron? He talked like all she had to take was an aspirin and she’d wake up feeling fine. Why in heaven’s name would he want to risk putting his wife through this horror all over again? Did he think his already mentally unstable wife needed the stress and strain of another baby, in addition to 4 small children? Others may disagree but I feel strongly it was her husband’s responsibility to take control and say no more children, period. Maybe even have a vasectomy.
As far as I’m concerned he’s every bit as responsible for the deaths of those children.
@Mary: I totally agree with you on that…Yates’ husband was just as guilty if not more guilty for the death of their children. I honestly feel bad for Andrea Yates and I feel her conviction to be wrong because she was *out of her mind*. However, I do think that she should be locked up for life…in a hospital, not a prison. Her husband deserves prison.
@ all, I did read the Andrea Yates book. The woman was actually hearing voices. I also believe that she was psychotic @ the time of the murders. One thing we do know, is that she will never have her freedom. She will likely remain in prison, or she will be institutionalized.
Rae and Heather4life,
I agree she likely will and should remain institutionalized for the rest of her life, or at very least in a controlled setting such as a group home. Whatever, she needs close supervision.
She was suffering auditory and visual hallucinations, and even became catatonic after the birth of her 4th child. The hallucinations began after the birth of her first. Her life must have been a nightmare.
Mary, from what I have read, Andrea really doesn’t have much recollection of the day of the murders. I have also read that she remains quite ill. It was just a terrible tragedy.
Mary, I agree with you about Yates’ husband. Just my opinion, but he is one truly creepy guy who did not care about his wife but about…who knows what.
Also agree with you & Rae about him being responsible and deserving something, be it prison, etc. One big problem I have with that, though, and the same for Andrea, is that it’s taxpayer money that goes for it. Free room and board for the rest of her life?
Doug
Doug, I don’t think she’s fit to live in society. I think she’s much too sick.
As I have stated, I did read the book. I also believe that her husband played a role in what happened. However, he wasn’t criminally responsible. I know that he did try to get her the help that she needed. He claimed that the psychiatrists deemed her “fit to go home” a week before the murders. Rusty Yates has since remarried.
I really have no issue with my tax dollars supporting the mentally ill, and that would include Andrea Yates, in proper facilities. I prefer that to seeing them on the street where they can be a danger to themselves or others. I support their humane care be it in group homes or institutions.
Mary, I second that.
@Heather4Life: I do believe that Rusty Yates was criminally responsible for his children’s deaths. He should have been held accountable as he more or less drowned his own kids by impregnating his wife again after he was told NOT to do so by the doctors.
I hope that eventually his new wife will realize what a ding-bat he is and kick him out or something.
@Rae, As I’d written before, I do feel that he was part of the problem, but he wasn’t home @ the time of the murders. The state of Texas has nothing to charge him with, because he didn’t commit the murders. Frankly, I still think that Robert Blake and O.J. are guilty. It was frustrating to see them both “skate.”
P.S. I agree that Rusty Yates should have had a vasectomy. I can’t help but notice his lack of emotions in interviews.
There was also the “pastor” who told Andrea *several* times that it would be better for young children to be killed, than to be raised to be heathens.
These weren’t just general, offhand comments either. They were directed TO Andrea after she had written him with concerns.
In my opinon HE is the one most responsible.
Heather: Doug, I don’t think she’s fit to live in society. I think she’s much too sick.
I agree but feel it’s a shame that my tax money has to go for her room and board. I realize there’s no “perfect” way to deal with this type of thing.
Doug
Doug, would you rather we killed her? I’m honestly curious. What do you think should be done with others with mental illness?
Doug, Welcome to the world. How many people are currently on death row living off of the taxpayers $$? We have no choice in the matter. I wonder how many people are incarcerated in the US. Anyone know?
Lauren: Doug, would you rather we killed her? I’m honestly curious. What do you think should be done with others with mental illness?
Lauren, great question and I’m about 50/50 on it. It does seem sad to execute her or anybody for being mentally ill. It’s also sad to lock somebody up forever, and we’re talking millions of Dollars for her room and board for the rest of her life, very likely, and that money could be used for much better things IMO.
I guess I would not execute her if it was up to me but I also don’t see any good way to go in the deal.
That said, there are some types of mental illness where I would advocate the death penalty.
Doug
Heather: Welcome to the world. How many people are currently on death row living off of the taxpayers $$? We have no choice in the matter. I wonder how many people are incarcerated in the US. Anyone know?
You’re right, Heather. State laws are what they are and we don’t have much of a choice, ever, if at all there.
It’s around 3400-3500 people on “death row” right now. As far as number of people incarcerated, it’s HUGE.
Doug
Doug, would you advocate the death penalty for nonviolent people with mental illness? Honestly, it’s a bit scary for me to hear that you would support people being killed because of “defect”. What would your critera be for someone to qualify for death/
Lauren, nope – if somebody is nonviolent that’s a whole different deal.
Even for Freeman, who did kill “somebody” as I see it, I’m at least of mixed feelings about it, due to her situation.
For people that are violent enough, be they deemed sane or insane, I don’t think it’s worth it to society to keep them alive. At this point,if Freeman grabbed a neighbor’s kid and killed him, for example, then I’d say execute her.
FWIW – I support “three strikes” laws. Not for three felonies, per se, as I think is the rule in some states, but for people who use deadly force or potentially deadly force like a knife or gun in the course of a robbery, or kidnapping (I’d put rape in there too).
So, if Joe Blow decides to use a gun in the commission of a crime three times, that’s enough for me.
Doug
The doctors are going to have to determine if this woman miscarried and kept the resultant stillbirth or if she gave birth and then killed the infant after the fact. How are you going to prosecute a woman for having a miscarriage? And why would you?
I don’t think anyone is going to prosecute the woman for having a miscarriage.
Wow. Does this mean that you would execute more people simply because you want to save money on taxes?
And mentally unstable or mentally retarded people more prominantly, I’m sure.
Doug, Just how long has Charles Manson been incarcerated? ……. Just something to think about.
TexasRed, 3:44p, said: “The doctors are going to have to determine if this woman miscarried and kept the resultant stillbirth or if she gave birth and then killed the infant after the fact. How are you going to prosecute a woman for having a miscarriage? And why would you?”
TR, we’re talking four, not one. And she has confessed to letting Twin One, who was full-term, drown. No word yet on Twin Two, but clearly s/he wasn’t miscarried.
In fact, it can only be called “miscarriage” up to 20 weeks. Even this latest delivered baby was 26 weeks. And it doesn’t sound like a normal fetal demise at any rate. At the hospital, with placenta still inside, she denied having just delivered at first.
Heather: Doug, Just how long has Charles Manson been incarcerated? ……. Just something to think about.
Ha! I heard every bit of that.
Prettyinpink: Wow. Does this mean that you would execute more people simply because you want to save money on taxes? And mentally unstable or mentally retarded people more prominantly, I’m sure.
PIP, if this was to me, I did not say “mentally retarded.” And all in all I wouldn’t kill Freeman.
Yet for certain others, heck yes. It gripes me to think of a million Dollars or more going for their room and board. If somebody is “mentally unstable” enough to do what the guy did to 9 year old Jessica Lunsford in Florida, confesses to it; there’s really no doubt that he did it; then I say execute him and be done with it.
Doug
Doug, by this definition you would want to execute mentally retarded people as well.
Prettyinpink: Doug, by this definition you would want to execute mentally retarded people as well.
Well, Pretty, if you mean mentally retarded people that would, for example, kidnap a nine year old girl, do terrible things to her before killing her, then sometimes the answer is going to be yes.
Doug