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Killing of fetus raises debate

Longmont case opens discussions among lawmakers
Lane

DENVER – A high-profile Longmont case in which a woman had her unborn baby cut from her womb has renewed conversations around personhood and fetal homicide.

The unimaginable incident occurred March 18 when suspect Dynel Lane allegedly attacked Michelle Wilkins, stabbing Wilkins and cutting out her fetus.

Boulder County District Attorney Stan Garnett said Friday that he would not charge Lane with murder, instead opting for unlawful termination of pregnancy, among other charges, including attempted murder. Wilkins survived the attack.

The Boulder County Coroner’s Office said an autopsy revealed that the 34-week fetus showed no signs of life outside the womb, which is why Garnett settled on the unlawful termination of pregnancy charge – a Class 3 felony – instead of murder.

Physicians say that a 34-week fetus has a strong chance of surviving if born under the right medical conditions. Babies are considered full-term at 37 weeks.

The horrific event has aligned all the pieces for lawmakers and observers to have a new conversation about fetal homicide. The last time lawmakers approached the issue was 2013 with a piece of legislation, spearheaded by Democrats, that passed the Legislature. But the law stopped short of adding a fetal murder charge in Colorado.

Republicans and personhood proponents said at the time that the bill didn’t go far enough. Now, Senate Republicans – who control the chamber – are discussing late legislation for the remainder of the session that would address a “void in Colorado law.”

“This was a child. This child was murdered. That Coloradans have no way to hold the murderer responsible, or deliver justice for the victims, is a gap in Colorado’s justice system which can no longer be ignored,” Senate President Bill Cadman, R-Colorado Springs, said in a statement Friday.

Sen. Ellen Roberts, R-Durango, agreed it may be time to have a fresh conversation about taking some additional steps. She supported the 2013 law but always viewed it as a way to start the conversation.

“If the DA can’t prosecute for the death of the unborn child in this case, certainly it would seem there is a gap,” Roberts said. “To me, it’s distressing that there’s not enough there for the DA to prosecute.

“I was frustrated in 2013 because I didn’t feel we had as robust of a conversation that we needed to have to do the best job that we could, and I would say that both ends of the spectrum on this issue prevented that from happening,” Roberts said.

Democrats, however, are defending the effort from two years ago. The law created a new category of crime: unlawful termination of pregnancy in the first, second, third and fourth degrees; vehicular unlawful termination of pregnancy; aggravated vehicular unlawful termination of pregnancy; and careless driving resulting in unlawful termination of a pregnancy.

Republicans had pushed another measure that year that would have allowed prosecutors to file a murder charge for killing an unborn child.

That bill was overshadowed by a debate about personhood, which seeks to define a fetus as a “person.” The Democratic-controlled Legislature at the time killed the bill. Planned Parenthood of the Rocky Mountains raised concerns that the bill would lead to banning abortion.

Meanwhile, personhood proponents are gearing up for another fight. They’ve taken the issue to Colorado voters on three separate occasions, all of which failed by wide margins.

“How many pregnant mothers will have to suffer while prosecutors are forced to look the other way?” asked Jennifer Mason, spokeswoman for Colorado-based Personhood USA.

pmarcus@durangoherald.com



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