WWL>Topics>>11-19 7:45am Tommy, Louisiana feticide law

11-19 7:45am Tommy, Louisiana feticide law

Nov 19, 2013|

Tommy talks to WWL legal analyst Tim Meche about a Baton Rouge woman charged with feticide

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Automatically Generated Transcript (may not be 100% accurate)

Tim mash joins us right now our -- W a legal analyst talk about his Baton Rouge case have been discussed and mothers seven months pregnant ingests cocaine allegedly. And causes stillborn birth of the child within -- and I think when every talk about. Abortion or fetus is there's an emotional. Component to it there's a logical component to it there's a political. Component to it there's them technical medical component there's also the legal component. -- -- -- morning Radio One. Thanks -- time with this so when I saw this charge -- -- decide given. Abortion is illegal procedure in this country that the child is considered an extension of the mother I guess while it's in the warm up to a certain point. And it's not a murder charge that it didn't release seem appropriate here if it was then then you would think abortion wouldn't be legal in the country. All right here's the deal between the and it's statutory law. Define the beat you need of life at the rate at conception. For purposes of the week in a criminal crow. Now. Obviously that conflicts with the United States Supreme Court -- on -- Porsche. Which permits abortion up until a certain port. But for purposes of things like murder. Genocide. Or -- we analogue you can be chore with those types of arms. From the pulpit at conception. Unless. I'm an amount less -- about the -- just trying to understand it unless you go to. So you would doctor's office and have the procedure done and then. -- doesn't beginning conception or you're not. It means the United States supreme court's that an exception because you're entitled to your late to have an abortion. So that your. From the statutory law. I'd if you if here in India you fetuses. Let's say it's twenty weeks from the from conception. And you ingests cocaine and it causes that you'd jeweled border for the child to be to be lost area culpable for anything man. Technically yes which got it. Tremendous causation. This year and I doubt in the district attorney which sort somebody. Under those circumstances. I mean. Not allow obviously. Form your own abortion in the -- you know or any other state that I'm aware. You know if it's an abortion in it must be subject to the restrictions it and their procedures that are approved medical so I could imagine a situation like that where somebody actual. And I -- a graphic here I'm I'm just trying to understand as far as. I -- the legal rationale here this woman had a seven month old child I presume that. -- if if it if it died because of the go or stillborn because of the cocaine use I would have to believe. And I guess they goes the argument of whether or not a fetus can feel pain. -- That would it would be. A less dramatic death almost than than going through the procedure I'm just trying to understand how. Holiday this can be it seems to be at odds and at loggerheads with the what the law says and then what is actually happening here. Element aggression and consistent fact Louisiana at ball on the books that says abortion eons in legal. Now that's not enforced because the United States Supreme Court ruling that says you can't do that. So believe in law is inconsistent with the United States. Supreme Court ruling it's day. A mother had been due process rights to have dramatic pro abortion of the to a certain port and the -- absolutely you know. Now these sites that matters and actual involve. Species were -- in a child abuse people didn't ball. -- -- Mothers. Is not actually use to punish others who obviously went through a very trauma. Situation. I'm surprised that food east Portman and not only do we get to this lady that fact that they should. Pressure -- Strikes itself award. But necessary and may be unproductive. I'm glad you you take the time with a Sam seems like some some complicated legal issues -- you think eventually DA won't accept the charges or to be thrown out. Yeah I think -- -- played. -- courtroom and actually gotten patrol like -- something that strategy let's all thank you Tim appreciate you time.