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February 08, 2007
AP Spins: "Texas Man Gets Death For Killing Fetus"There may be more to this story. It is possible, I guess, that the prosecutors did not, for reasons I could not even begin to guess at, charge the man for murdering the mother, chosing instead to make its case on the death of the fetus she carried. Maybe. But I see here a headline that tells me a man got the death penalty for killing a fetus, and yet he was only convicted with one count of capital murder. Texas Man Gets Death for Killing Fetus If he was convicted in the death of the fetus, why is there only one count of capital murder, and why does the story say he was convicted for "the death of Stephanie Sanchez and the fetus"? Wouldn't that be two counts of capital murder, if in fact he'd been convicted of killing the fetus at all? "This is a significant case," said Bexar County prosecutor Susan Reed. "This is significant for the state." I'm guessing -- the AP's slapdash reportage compels me to guess -- that the death of the fetus was used as an intensifier to make him eligible for the death penalty. A "special factor" or whatever it's called in Texas that can make a murder a capital murder. As such special, death-qualifying factors typically include "murders committed for economic gain" -- a rather broad category, embracing quite a few murders -- it hardly seems to be unreasonable that a murder involving a pregnant woman would also appear on the laundry list of death-qualifying offenses. In any event, he wasn't "convicted" for killing the fetus, nor is he getting the death penalty "merely" for killing a fetus. Thanks to RobG.
The DA was commenting on the fact that this was the first trial where the option of life without possibility of parole was offered as an alternative to death in a Capital case. I can't find the story he's talking about, but this older story makes it plain that capital murder was proven under the provision for causing multiple murders: SAN ANTONIO -- A former youth minister was found guilty Friday of fatally stabbing his teenage girlfriend and her unborn daughter. So the AP story is sort of true -- the death penalty was sought under the multiple-murder special provision, for which purposes the intentional death of a fetus is a satisfactory circumstance -- but it hypes, overstates, and spins the story as being a sentencing only for the death of a fetus. And this background could, rather easily, have been included in the AP dispatch -- at least, it could have been, had it not so thoroughly undermined the "metanarrative" of abortion-rights-under-fire it was trying to sell. And, of course, they could also include the other death-qualifying provisions in the Texas code, among which is almost certainly a murder caused for economic gain, just to let the public know that this isn't some super-special selective imposition of the death penalty only for the purpose of protecting fetuses. When you read a state's death-qualifying provisions, you come away wondering, "Well, what in hell won't qualify you for the death penalty?" | Recent Comments
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The Morning Report — 1/22/25 Daily Tech News 22 January 2025 Tuesday Overnight Open Thread - January 21, 2025 [scampydog] Head Tilts Cafe Quick Hits LOL: CNN and the Insane Left (But I Repeat Myself) Claim a Cavalcade of Horrors In Wake of Trump's Recognition of the Reality of Biological Sex Julie Kelly: The DC Gulag Is Slow-Rolling the Release of J6 Political Prisoners Woke DEI Female Commandant of the Coast Guard Fired for Elevating DEI over Core Mission of Protecting the Coast, Failing to Stop Fentanyl Smuggling, and a General "Erosion of Trust" The Democrats' Woke "Pastor" Delivers Progressive Policy Demands Disguised as Biblical Commandments at Ostensibly Non-Partisan National Prayer Service Search
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