News & Politics - Teen girl not charged in baseball bat abortion

WalkingOnSunshine · 01-05-2005, 02:56 PM

Quote:

Boy faces felony in baseball bat abortion
Law won't allow Macomb teen girl to be charged in helping end her pregnancy.

RICHMOND TOWNSHIP - Macomb County Prosecutor Eric Smith said his hands were tied when it came time to decide whom to charge in the baseball bat beating death of a fetus being carried by a teenage girl.

He decided Tuesday to do the only thing one state statute allowed: charge the boyfriend who wielded the bat, hitting his girlfriend in the stomach repeatedly over a two-week period, but let the girl off the hook, uncharged.

The Richmond Township boy, 16, who may be arraigned as early as today in Macomb County Juvenile Court, is at home with his parents. He was charged as a juvenile with intentional conduct against a pregnancy or stillbirth, which is a felony. If convicted, he could remain in custody until age 21.

But the girl, also from Richmond - who was a willing participant in the induced abortion, law enforcement officials say - cannot be charged under that law because it specifically excludes the mother from criminal liability.

In part because it still was legal to abort the fetus, the decision renewed debate over the protection of fetuses and the fairness of charging just one of two juveniles who allegedly agreed to kill their unborn child.

Although Smith called the case "shocking and reprehensible," he added, "we are bound by the law. We don't have the option of charging (the girl)."

Smith said if the 6-month-old fetus had been viable, the boy would have been charged with manslaughter of a quick-born child, a 15-year felony.

The girl could have then also received the same charge for aiding and abetting.

Miranda Massie, a Detroit civil rights attorney, believes neither teen should be charged. "My heart went out to these poor kids," Massie said. "I believe it is a terrible mistake to be charged at all. This is a tremendous waste of public resources.

"What is Macomb County going to gain by criminal charges?"

She contacted the family of the boy to represent him. She believes that neither teen deserves to be charged.

Smith charged the boy under a state law passed in 1999 - called the "Prenatal Protection Act" - that states only the person assaulting a pregnant woman resulting in a miscarriage is criminally liable. The pregnant woman, no matter how complicit in the termination, is not.

If that provision had not been written into the statute, it would have clashed with the federal law that allows abortions under the landmark 1973 Roe v. Wade U.S Supreme Court decision, said Pam Sherstad, spokeswoman for Right to Life of Michigan, which worked to pass the 1999 state law.

"Abortion is obviously legal in the United States," Sherstad said, "and you can't have a state law that interferes with federal law. The Prenatal Protection Act was designed to protect pregnant women who are assaulted by someone resulting in the death of their unborn child. This is obviously a unique case."

Legally, the baby could have been aborted. Because the girl was a minor, she would have needed a judge's or parental permission to obtain an abortion.

Smith said he waited until final toxicology reports on the fetus were completed by the medical examiner to determine what charges could be brought against the 16-year-old boy. The prosecutor declined to identify the youth because because he is charged as a juvenile.

Arthur Caplan, professor of medical ethics at the University of Pennsylvania in Philadelphia, believes the girl should be charged with planning, plotting or conspiring to murder.

"But it's tough to do, because the law takes a different view of developing potential life than it does of actual life," Caplan said. "If the boy was charged with murder she probably would be facing charges, too.

"But being involved in causing a miscarriage is not as severe as murder," Caplan said. "Ethically, you could argue that this seems wrong, but the law draws a sharp distinction between killing your child and a fetus that's not yet viable. That may strike some pro-life people and conservatives as wrong, but that's the way the law is now."

Sherstad said the case illustrates how "the sanctity of life is not valued in our culture. It's sad that human life can be discarded this way. There's no value on the life of an unborn child, which makes it easier for something like this to happen."

Lori Lamerand, vice president of the Planned Parenthood Mid-Michigan Alliance, said pregnant teens have safer options available than terminating a pregnancy without a doctor.

"It's always tragic when people resort to such drastic measures, when there are appropriate, safe medical measures are available," Lamerand said.

Both the boy and his girlfriend have returned to classes at Armada High School, said Arnold Kummerow, superintendent of Armada Area Schools.

Law enforcement officials were first made aware of the incident in mid-November, when the girl spoke about the series of events that led to the miscarriage while at a high school leadership conference in the Upper Peninsula. The adult facilitator of the conference contacted the Michigan State Police. Detectives from the state police Richmond Post investigated the claim, and went to the boyfriend's home, where they found the buried fetus.

An autopsy was consistent with initial reports from the Michigan State Police that the miscarriage was caused by the girl's boyfriend repeatedly striking her with a 22-inch souvenir baseball bat over a two-week period, Smith said.

The parents of the teens were not aware of the pregnancy or the decision to abort it, investigators said.

Police believe the fetus was aborted in early October, then buried in the back yard of the boyfriend's home with the help of his mother.

The fetus died of premature birth associated with trauma to the mother, according to chief Macomb County Medical Examiner Dr. Daniel Spitz.

The fetus could not have survived outside the womb at the time of miscarriage, he ruled.

Quote:

Miranda Massie, a Detroit civil rights attorney, believes neither teen should be charged. "My heart went out to these poor kids," Massie said. "I believe it is a terrible mistake to be charged at all. This is a tremendous waste of public resources.

"What is Macomb County going to gain by criminal charges?"

She contacted the family of the boy to represent him. She believes that neither teen deserves to be charged.

Hmmm they don't deserve to be charged? I mean I agree it is a horrible thing that happened but the kids need to be held responsible. I am not sure how this civil rights attorney wants to hold them responsible -- if at all?

The father can be charged but the mother even if she consents cannot be charged? That is absurd.

Sparrowhawk · 01-05-2005, 03:12 PM

Quote:

Originally Posted by WalkingOnSunshine

Hmmm they don't deserve to be charged? I mean I agree it is a horrible thing that happened but the kids need to be held responsible. I am not sure how this civil rights attorney wants to hold them responsible -- if at all?

The father can be charged but the mother even if she consents cannot be charged? That is absurd.

Why would she be charged? She could have had an abortion no matter what, only the method changed.

As the PP vice-president said, it is sad that such drastic measures such as this have be resorted to have it. Obviously she was going to have an abortion, one way or another.

alli balli · 01-05-2005, 03:19 PM

I don't think they should be charged with anything. First of all, it happened at a point where a regular abortion would have been legal. They just did it in a really ****ed up way. Second of all, the girl consented to it, so it's not like the boy was assaulting her.

THIS IS WHY WE NEED SAFE, LEGAL ABORTIONS. And IMO, none of this "parental consent" bull.

Sparrowhawk · 01-05-2005, 03:27 PM

Also, do you have a link to the story?

WalkingOnSunshine · 01-05-2005, 03:45 PM

Quote:

Originally Posted by Sparrowhawk

Also, do you have a link to the story?

Here you go:
http://www.detnews.com/2005/metro/0501/05/A01-50709.htm

Lovesbitch · 01-05-2005, 03:52 PM

I think that it's insane that the boy is being charged for this. Yes, I can see him being charged if it had been against the girl's wish but she consented to it.

And at the time she could have legally had an abortion, ending the pregnancy. I don't see how they can or should legally charge either of them for what they did.

I don't approve of it but I don't see how it can be illegal.

Sparrowhawk · 01-05-2005, 03:54 PM

Quote:

Originally Posted by WalkingOnSunshine

Here you go:
http://www.detnews.com/2005/metro/0501/05/A01-50709.htm

Thank you very much

sick little jag · 01-05-2005, 04:14 PM

it's sad that this is what happened because of laws requring parental consent for abortions to be performed on minors. it's incredibly brutal, what they did, but what other choice did she have if she was set on an abortion? she obviously didn't feel like she could tell her parents to allow them to give consent.

i do feel sad for the teenages involved in this, because as hard as abortion is to deal with, to have to induce one yourself because you can't go to a clinic or a doctor.....it's really messed up.

when you put laws in place to restrict access to birth control, sex education, contraceptives, and in turn, abortion....people who are dead set against having the babies will find ways to not have babies. and this is just one of those cases.

**Quarterley** · 01-05-2005, 05:08 PM

Not looking at the charges and the laws...just looking at this as parents killing their own kid....I feel bad for all of them.

*Lauren · 01-05-2005, 07:34 PM

This case is a perfect example of what would happen if abortin was outlawed. People WILL find a way to have abortions, whether the govt. likes it or not.

imajica · 01-05-2005, 08:00 PM

Quote:

Originally Posted by alli balli

THIS IS WHY WE NEED SAFE, LEGAL ABORTIONS. And IMO, none of this "parental consent" bull.

Well said.

This is such a sad story - imagine being so desperate that you would allow someone to hit you in the stomach with a baseball bat.

If abortion is banned stories like this will become common place. How can it be worth it for young women to be risking their lives when abortions can be done safely by a doctor.

No1important · 01-05-2005, 09:47 PM

The piss poor laws and the religious influence on the laws, is the real reason for activities like this and it happens more than just this one incident. If a female wants an abortion she should not have to get parents consent. That is why females have to resort to doing these things. The morning after or the abortion pill should be available everywhere and to anyone in America without a prescription, when requested to a certified Pharmacist.

I know here in BC we were the first jurisdiction in Canada to allow females to get the morning after pill without talking to a doctor and just talking to a Pharmacist.

The american religious right should understand teen agers have always had sex and always will. Hell it was normal 200 years ago for females to get pregnant when they were 14, 15 etc.

*Lauren · 01-05-2005, 10:56 PM

I do agree to a certain extent about parental consent though. What if an 11 year old turns up? The parents need to know what that child is doing. In Australia the age is 14 and I think that's a good cutting off point.

mh67511 · 01-05-2005, 11:27 PM

Quote:

Police believe the fetus was aborted in early October, then buried in the back yard of the boyfriend's home with the help of his mother.

The mother helped bury it? This sounds like something straight off a TV show...buried remains in the back yard...creepy. Should have just used a condom. And the girl probably should have not mentioned this at a leadership conference. I can understand maybe telling friends but announcing it at a conference seems kind of strange. I wonder how it even came up and what it has to do with leadership...

Lovesbitch · 01-06-2005, 12:00 AM

maybe the mother that helped was the boys mother. That would make the most sense, seeing as if it was the mother of the girl than she would have just gone to an abortion clinic.

Well, either that or the girl came to her mother after the fact. And her mother decide to help protect her daughter cause the damage was already done.


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