Texas Man Gets Life for Failure To Have License!

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There were
this man and this woman who had conceived twins out of wedlock,
and wanted to destroy the children. So they agreed that both of
them would bash
their babies to death
. He would step on his girlfriend, and
she would beat herself with her fists. In this way, the two of them
succeeded in killing the little ones, but they got caught.

Gerardo
Flores got an automatic life sentence for violating Texas Penal
Code statutes prohibiting criminal homicide. And his conduct was
not an exception under Section 19.06 of that Code.

19.06.
APPLICABILITY TO CERTAIN CONDUCT. This chapter does not apply
to the death of an unborn child if the conduct charged is:

  1. conduct
    committed by the mother of the unborn child;
  2. a lawful
    medical procedure performed by a physician or other licensed
    health care provider with the requisite consent, if the death
    of the unborn child was the intended result of the procedure;
  3. a lawful
    medical procedure performed by a physician or other licensed
    health care provider with the requisite consent as part of an
    assisted reproduction as defined by Section 160.102, Family
    Code; or
  4. the dispensation
    of a drug in accordance with law or administration of a drug
    prescribed in accordance with law.

When Erica
Basoria, 17, first discovered that she was pregnant, she attempted
to kill the children1 herself by using her fists.
When she failed several such solo attempts, she acknowledged asking
Flores to help end her pregnancy. He agreed and together, they stomped
the babies to death inside of Erica. She could not be prosecuted
for her part in the death of her children because her conduct was
excepted under Section 19.06(1).

But, you may
ask, doesn't her right to terminate her pregnancy extend to asking
someone else for assistance? Well, sure it does, and she could have
exercised it by applying for help from a state-licensed professional…like
a doctor at an AMA-sanctioned abortion clinic…with the proper paperwork
from the state.

However,
she apparently opted to exercise her right to kill the babies by
asking an unlicensed individual to assist her, and that's
where things went tragically wrong…not for the babies…they were
dead meat no matter what happened. It went wrong for Gerardo, who
is now going to the state big house, with all of its thrills, spills
and chills, for the rest of his natural life, unless he makes parole
in who knows how many years.

Although
Gerardo's methods were a bit crude, so that harm to the mother could
have resulted, he was not sent to prison for harming her or even
because he could have harmed her. He was prosecuted and convicted
of criminal homicide…he killed the babies with the intent to kill
the babies.

But that's
just what those exempt-by-law abortion clinics do! The exact same
thing! They kill the baby with the intent to kill the baby! In fact,
the exception in Texas PC Section 19.06(2) insists that the
licensee Doctor intend to kill the baby with the mother's full knowledge
and consent that he is going to kill the baby before any exception
exists.

Like Gerardo,
the Doctor intends no harm to the mother, and he too has her consent
to invade her body to kill those tiny humans with no rights. So
just like Gerardo the Doctor commits no battery, unless he happens
to perform an unnecessary appendectomy.

Since the
health of the mother is not even remotely in mind in the text or
intent of the exceptions to criminal homicide found in Section 19.06,
the only relevant factual difference that exists between Gerardo
and the Doctor is their relative levels of professional ability
to make sure the babies are good and dead! But Gerardo and Erica
got the job done, so what's the state's beef?

Here's
the beef…the Doctor has a license to kill, and Gerardo does not.

So Gerardo
goes to prison…for life. And the good Doctor, at the request of
loving mothers, goes on to end more little lives…pursuant to the
law of the land.

Note

  1. Notice
    the language of Section 19.06 itself: "…death of an unborn
    child…." The statute does not say fetus,
    so neither will I for the duration of this article.

June
10, 2005

Michael
Paul Tuuri [send him
mail
] is an attorney in California, holds a Juris Doctor degree
from JFK School of Law and is the founder of I’m
As Mad As Hell.com
.

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