• 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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