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Teen Faces Life Sentence For Helping Girlfriend End Pregnancy


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http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3214035

June 7, 2005, 6:13AM

Life sentence given for fetuses' deaths

Boyfriend found guilty under new fetal protection law

Associated Press

LUFKIN - An East Texas man accused of causing his teenage girlfriend to miscarry twins by stepping on her belly was convicted Monday of two counts of capital murder.

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Gerardo Flores, 19, who was prosecuted under the state's new fetal protection law, received an automatic life sentence.

Erica Basoria acknowledged asking Flores to help end her pregnancy, but the 17-year-old can't be prosecuted because of her legal right to abortion.

The defense contended that Basoria punched herself while Flores was stepping on her, making it impossible to tell who killed the twins.

The jury reached a verdict after deliberating four hours. Since prosecutors declined to seek the death penalty in the case, Flores received the automatic life sentence, Assistant District Attorney Art Bauereiss said. The facts were unusual, but the evidence supported a guilty finding, Bauereiss told The Lufkin Daily News.

He said Basoria's family was pleased with the jury's decision, but Basoria, who sobbed as she left the Angelina County Courthouse, had stood by Flores. "It's just tragedy all around," Flores' attorney Ryan Deaton told The Associated Press. "It's a tragedy my client's convicted, I've got nothing good to say about it."

Basoria told authorities that, after about four months of pregnancy, she regretted not getting an abortion and started jogging, skipping prenatal vitamins and hitting her own belly to induce a miscarriage. When her efforts failed, she said she asked her boyfriend to help.

Flores admitted in a taped statement to police that he stepped on Basoria's belly several times the week before she miscarried two boys. He said he punched her during a fight hours before the delivery.

HoustonChronicle.com -- http://www.HoustonChronicle.com | Section: Local & State

This article is: http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3214035

I don't care what someones beliefs are on abortion....This is STUPID

Both in the fact the mother gets off scot free AND the idiot boyfriend gets life.

Personally I am about to the point of supporting required birth control unless the individuals can show themselves competent.

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LUFKIN, Texas -- A 19-year-old East Texas man faces a life prison sentence for causing his teenage girlfriend to miscarry twins, even though she wanted to end the pregnancy.

Gerardo Flores was accused of causing the miscarriage by stepping on his girlfriend's stomach. He was prosecuted under the state's new fetal protection law.

Erica Basoria acknowledged asking Flores to help end her pregnancy. But the 17-year-old can't be prosecuted because of her legal right to abortion.

The defense contended that Basoria punched herself while Flores was stepping on her, making it impossible to tell who killed the twins.

The jury reached a verdict after deliberating four hours. Because prosecutors declined to seek the death penalty in the case, Flores received the automatic life sentence.

http://www.channel3000.com/news/4577721/detail.html

It's easy to see why abortion rights activists see these types of laws as threats. When these laws were sold to the general public they were to correctly punish people that attacked pregnant women resulting the death of their unborn children. The reason being the women were hurt more then by just the assault and no law covered it. Here however we see a new twist. This is not the sinister thug out to hurt this girl and this girl is no victim.

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I think we need a merge..I beat ya by a few seconds.

Imo the kid is a thug,but I agree in this case LIFE is out of line. If the kid can be charged with murder she should be guilty as a accesorie. Both are to stupid to breed.

June 7, 2005, 6:13AM

Life sentence given for fetuses' deaths

Boyfriend found guilty under new fetal protection law

Associated Press

LUFKIN - An East Texas man accused of causing his teenage girlfriend to miscarry twins by stepping on her belly was convicted Monday of two counts of capital murder.

ADVERTISEMENT

Gerardo Flores, 19, who was prosecuted under the state's new fetal protection law, received an automatic life sentence.

Erica Basoria acknowledged asking Flores to help end her pregnancy, but the 17-year-old can't be prosecuted because of her legal right to abortion.

The defense contended that Basoria punched herself while Flores was stepping on her, making it impossible to tell who killed the twins.

The jury reached a verdict after deliberating four hours. Since prosecutors declined to seek the death penalty in the case, Flores received the automatic life sentence, Assistant District Attorney Art Bauereiss said. The facts were unusual, but the evidence supported a guilty finding, Bauereiss told The Lufkin Daily News.

He said Basoria's family was pleased with the jury's decision, but Basoria, who sobbed as she left the Angelina County Courthouse, had stood by Flores. "It's just tragedy all around," Flores' attorney Ryan Deaton told The Associated Press. "It's a tragedy my client's convicted, I've got nothing good to say about it."

Basoria told authorities that, after about four months of pregnancy, she regretted not getting an abortion and started jogging, skipping prenatal vitamins and hitting her own belly to induce a miscarriage. When her efforts failed, she said she asked her boyfriend to help.

Flores admitted in a taped statement to police that he stepped on Basoria's belly several times the week before she miscarried two boys. He said he punched her during a fight hours before the delivery.

HoustonChronicle.com -- http://www.HoustonChronicle.com | Section: Local & State

This article is: http://www.chron.com/cs/CDA/ssistory.mpl/metropolitan/3214035

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Originally posted by Destino

http://www.channel3000.com/news/4577721/detail.html

It's easy to see why abortion rights activists see these types of laws as threats. When these laws were sold to the general public they were to correctly punish people that attacked pregnant women resulting the death of their unborn children. The reason being the women were hurt more then by just the assault and no law covered it. Here however we see a new twist. This is not the sinister thug out to hurt this girl and this girl is no victim.

The story doesn't say how far into her pregnancy she was but since she didn't get get an abortion, I'm guessing she was far along into it. To me, ending the life of twins who were only a few months away (maybe less) of being born by pounding on them is sick.

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Originally posted by endzone_dave

The story doesn't say how far into her pregnancy she was but since she didn't get get an abortion, I'm guessing she was far along into it. To me, ending the life of twins who were only a few months away (maybe less) of being born by pounding on them is sick.

You are 100% correct. We don't have all the info, and something like what you wrote would change a lot.

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Originally posted by Destino

You are 100% correct. We don't have all the info, and something like what you wrote would change a lot.

See the article above ,I try to provide the whole story....unlike some ;) Just jerking your chain :laugh:

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The life of a 19 year old is destroyed, did the jury or judge really think he was a danger to society to warran complete expulsion? This is a very sad situation.

EDIT: turned out to be an automatic sentence, mandatory minimums, and automatic sentences are taking away discretion that judges and juries can decide. I hate these laws, they are made by idiot politicians to gain politcal points from equally stupid people without any regard to what it has done to the justice systems.

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Originally posted by Destino

http://www.channel3000.com/news/4577721/detail.html

It's easy to see why abortion rights activists see these types of laws as threats. When these laws were sold to the general public they were to correctly punish people that attacked pregnant women resulting the death of their unborn children. The reason being the women were hurt more then by just the assault and no law covered it. Here however we see a new twist. This is not the sinister thug out to hurt this girl and this girl is no victim.

"Keep abortion safe and legal." :rolleyes:
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Originally posted by herrmag

I suspect there will be an appeal, and the sentence "should" be greatly reduced.

The sentence cannot be reduced on appeal. It is a mandatory minimum sentence. His only chance for any releif is if the conviction is entirely overturned, but is very, very unlikely if these facts are accurate.

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I have one word for anyone that is dumb like this or thinking of getting rid of a baby:

ADOPTION

Just because you can get pregnant doesn't mean others are as lucky, just give the child up if you do not want it, many will be waiting.

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If those babies were in third trimester---well, I have no complaints.

Kicking and punching a belly to kill twins IS murder.

At least in this case, an abortion was performed with some degree of intellectual honesty. Punch and stomp until they die. As opposed to a "surgical procedure" that somehow escapes the label of murder.

(and im talking about late-term abortions, not all abortions or morning after pills)

If a man robbed a pregnant woman and did that during a late-term, he'd be convicted of murder. Just because you WANT it doesn't make it more just.

There are such things as adoption or even legal abandonment(at a fire or police station or other government locations.)

Furthermore, ask yourself this question:

If the duress had forced an early labor and the babies were born ALIVE--what would have been their reaction?

We already have girls who've dumped babies in trash cans and gone back to whatever they were doing. What's to say they wouldn't have murdered the babies once they were outside the birth canal?

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Guest Gichin13
Originally posted by Liberty

The life of a 19 year old is destroyed, did the jury or judge really think he was a danger to society to warran complete expulsion? This is a very sad situation.

EDIT: turned out to be an automatic sentence, mandatory minimums, and automatic sentences are taking away discretion that judges and juries can decide. I hate these laws, they are made by idiot politicians to gain politcal points from equally stupid people without any regard to what it has done to the justice systems.

The judge who was one of the major proponents and architects of the federal sentencing guidelines is now campaigning against them ...

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Originally posted by endzone_dave

The story doesn't say how far into her pregnancy she was but since she didn't get get an abortion, I'm guessing she was far along into it. To me, ending the life of twins who were only a few months away (maybe less) of being born by pounding on them is sick.

Ending the life of twins in the womb by pounding on them is sick at any age.

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WTF...I say they beat and punch on this kid until he dies. Even if his g/f asked him to do it so what. He couldn't have said no. That is seriously disturbing that someone can be so matter of fact about human life to do such a thing!

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Originally posted by Liberty

I hate these laws, they are made by idiot politicians to gain politcal points from equally stupid people without any regard to what it has done to the justice systems.

Dude, You're 18.. What do you know about idiot politicians? You're only 18 for pete's sake.

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Originally posted by airborneskins

Dude, You're 18.. What do you know about idiot politicians? You're only 18 for pete's sake.

Liberty lives here.... he's pretty smart on many issues and that reply is his pet peeve... :)

I say you give the kid a medical degree and an office... He apparently did it correctly.. as opposed to the doctor that only killed 1 of the twins and the other won the lottery and was born...

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