UPDATE, 3/4, 4:15p: Attorney Tom Brejcha of the Thomas More Society, lead firm in the aborted baby’s mother’s civil lawsuit, has just issued this statement:

While we most certainly welcome the bringing of criminal charges against Ms. Gonzalez, whose abortion business represents nothing less than a serious public health hazard, we must express our grave disappointment, indeed our outrage, that no homicide charges have been brought on account of the wrongful death of this little girl.
Not only the coroner’s report, but also eyewitness testimony, prove that this infant was born alive then brutally killed. That constitutes homicide under the law of FL and treating it as anything less than that ignores fundamental legal principles and offends simple human decency. We demand that Dade County’s law enforcers add a homicide charge, or at least an attempted homicide charge, without any more delay.

UPDATE, 3/4, 10:30a: Drudge is carrying this story, top of the fold (click to enlarge)…
drudge miami2.jpg
I find the title of the Associated Press story interesting, given there were no murder charges…
[HT: Colleen]
UPDATE, 3/4, 6a: Here’s a CBS News video report…

UPDATE, 3/4, 5:30a: Here we see abortion bias, as reported by CNN. In any other case killing someone, even if dying, would be considered homicide:

Authorities were unable to file more serious charges against Gonzalez because they are unable to prove beyond a reasonable doubt that the baby was born alive, according to Ed Griffith, a spokesman for the Miami state attorney’s office….
Williams “observed the infant moving and making noises for approximately five minutes,” according to an affidavit in support of Gonzalez’s arrest warrant….

[Belkis] Gonzalez gave police a statement, meanwhile, and “asserted under oath” that Williams’ termination was done by Dr. Renelique while she stood at his side, according to the affidavit.
She denied that the infant came out alive, police said, but statements from two other clinic employees contradicted her account….
Documents from the state Department of Health say the baby’s cause of death was determined to be “extreme prematurity.”
However, according to the police affidavit, the medical examiner could not definitively say that the baby had been born alive. A birth certificate was issued, because nothing in the autopsy findings disproved Williams’ claim the baby was alive and moving.
Experts told police the baby would not have suffocated in the bag because it would have had a limited ability to breathe on its own. And an expert reported there was no way to prove for sure that the baby filled its lungs with air because of its underdeveloped lungs, as well as its decomposed state when the remains were found.
Another expert certified in neonatal and perinatal medicine told police he estimated Williams’ fetus, based on data from her medical records, to have a gestational age of about 21 and a half weeks — meaning it had not reached viability, the state where it could survive outside the womb.
“This expert … explained that the standard of care for a premature infant delivered at less than 23 weeks is not to attempt resuscitation,” so even if the baby had been born at a hospital, no measures would have been undertaken to save it, according to the affidavit.

The baby was given a birth certificate. The medical examiner’s report indicates the baby died of “extreme prematurity.” Three witnesses say the baby was born alive. But still, as a CBS report synopsizes:

Medical experts say this was not homicide, because the fetus was too young to survive; around 21-weeks-old and weighing just over a pound.

I’ll be interested in the Miami-Dade state attorney’s assessment the next time someone murders an Alzheimers patient.
UPDATE, 3/3, 7p: Operation Rescue has issued a statement that includes this additional information:

As of this writing, Gonzalez is being held at the Turner Guilford Knight Correctional Center in Miami on a $50,000 bond.

OR also released Gonzalez’ mugshot, below.
Thumbnail image for breaking.jpgDeveloping story…
I am told Belkis Gonzalez, owner of A Gyn Diagnostics abortion mill, in Hialeah, FL was arrested today on criminal charges related to the death of abortion survivor Shanice Williams on July 20, 2006.
Operation Rescue received a copy of the warrant and kindly forwarded it to me. Here it is.
gonzalez 2.jpgGonzalez is being charged with unlicensed practice of a health care profession resulting in serious bodily injury, a second degree felony, and tampering with or fabricating physical evidence, a third degree felony.
Miami-Dade State Attorney Katherine Rundle is NOT rightfully charging Gonzalez with homicide, even though the warrant acknowledges Shanice was born alive, and Gonzalez put the living baby in a biohazard bag….
The rationale given in the warrant is the baby was not viable. Age was estimated at 21.5 weeks.
It doesn’t matter. Even if that child would have lived only 5 minutes, she was entitled to those 5 minutes.
WWSB is now reporting:

If found guilty, the 43-year-old faces up to 15 years in prison….
Miami-Dade State Attorney spokesman Ed Griffith says authorities were unable to definitively determine the cause of death – and Gonzalez’s role in it – because the baby’s body had decomposed by the time it was found eight days later.

This is a miscarriage of justice. Gonzalez is being rewarded for throwing the baby in the bag onto the baking FL clinic roof for over a week to hide her, causing the decomposition.
I hope Gonzalez she spends every one of those 15 years in prison, although I doubt that will happen.

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