Unfortunately, the headline is not new: “Pregnant woman killed, baby cut from womb.” But unlike recent cases in PA and MO, the baby in this story tragically died along with his mother.
The perpetrator will be charged with 2 acts of homicide, right?
Not necessarily, according to the latest reports on the brutal murder of a pregnant OR mother and her preborn baby boy. The backstory, according to ABC News:
korena-roberts.jpg

Police in a suburb of Portland, OR became suspicious after a woman named Korena Elaine Roberts [pictured right] called for help reporting her newborn wasn’t breathing.
Doctors couldn’t revive the baby, and alerted authorities when they determined Roberts had not given birth. Inside Roberts’ home, they discovered the body of Heather Snively [pictured below left] inside a crawl space.
At this point, police haven’t determined whether Snively gave birth before she died or if the baby was removed….

“There’s so much you don’t know,” said Hall, “Was she alive when they took the baby or not? I mean… is it a double murder? A single murder? And what’s a just punishment?”

Snively was 8 months pregnant. Her baby was viable. But OR law does not consider the killing of a preborn baby a murder. According to Oregonlive.com, June 9:
heather snively.jpg

The grisly death of a 21-year-old pregnant Tigard woman prompted a state senator on Tuesday to seek legislation rewriting OR law to make the killing of an unborn fetus murder, manslaughter or criminally negligent homicide.
Sen. Bruce Starr, R-Hillsboro, requested the bill drafted Tuesday. Similar legislation passed the Republican-controlled House in 2005 but did not make it out of the Democrat-controlled Senate….
Under current state law, a child must have taken a breath in order to be considered a victim.
House Bill 2020, which passed the House in 2005, proposed to create the crime of assault of an unborn fetus and expand criminal homicide to include the death of an unborn fetus. The bill stated a person did not commit criminal homicide if the death of the unborn fetus occurred during a lawful abortion. But abortion-rights advocates opposed it.

So here is the situation, according to UPI:

[Roberts] is charged with the death of Snively, not her baby because the unborn child must have taken a breath to meet the legal standard of being alive, Washington Co. prosecutor Bob Hermann said.
“The issue is, was the child alive at all, at any point in time?” he said. “That’s the legal issue we’ve got to try and resolve.”

That last statement was ridiculous, utterly ignorant. Of course the baby was alive, just not born. But this is where we’re at today thanks to legalized abortion, arguing over ridiculous, utterly ignorant points.
laci and scott.jpgThe 2004 passed Unborn Victims of Violence Act, aka Laci and Connor’s Law, made it a federal crime to kill a preborn baby, considered “a child in utero.” Scott Peterson is on death row solely because he killed 2 people, not 1: Laci and preborn Connor.
But here we have a case of the murderer not intending to kill what became her 2nd victim. If the baby took a breath, the baby was a legal person, and his death was prosecutable. If that same living baby did not take a breath, he was not a person.
Further adding to the legal quagmire as a result of legalized abortion: Had this baby been killed in any of 45* other states, he would also have been considered a legal homicide victim. Just not OR.
*According to the National Right to Life Committee, 35 states offer blanket legal personhood status and protection – for any reason other than abortion – of preborn babies from conception; 10 states offer protection from later dates, all by the time a baby is viable.

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