Baby stolen from mother's body after stabbing does not survive; Colorado law prohibits homicide charges -- Personhood USA

DENVER, March 19, 2015 /PRNewswire-USNewswire/ -- Yesterday Longmont police reported that for the second time in their city, an unborn baby has been killed by a violent criminal without his mother's consent, and homicide charges cannot be filed.

A pregnant woman answering a Craigslist ad to purchase clothes for her unborn child was assaulted in the seller's home, according to the Longmont Times-Call. After beating and stabbing the pregnant victim, the 34-year-old female alleged assailant ripped the unborn child from the mother's womb and later claimed to hospital staff that the baby was her own. The baby did not survive.

While in many other states, fetal homicide charges would be filed against the attacker, Colorado law specifically states that an unborn child is not a person, precluding homicide charges in cases like this where unborn children are murdered. 

In 2012, Longmont native and expectant mother Heather Surovik was struck by a drunk driver, resulting in the death of her 8 lb. 2 oz son Brady. No charges were filed against the repeat-offender for her son's death. In November, Surovik attempted to change the law through Amendment 67, which would have allowed prosecutors to file homicide charges against criminals who perpetrate violent crimes against pregnant women and their unborn babies. The amendment did not pass.

"The issues involving an unborn child are complicated under Colorado law," Boulder County D.A. Stan Garnett told the Longmont Times-Call. "In most circumstances, if a child was not actually born alive, then homicide charges are not possible."

The Brady Amendment would have allowed homicide charges to be filed against the alleged Longmont assailant, and would have allowed for her to be prosecuted to the fullest extent of the law.

"How many pregnant mothers will have to suffer while prosecutors are forced to look the other way?" questioned Jennifer Mason, Personhood USA spokesperson. "These devastating tragedies demand change in Colorado law. The parents of these unborn babies deserve justice, and as long as Colorado law claims that their children's lives don't matter, justice will not be served."

SOURCE Personhood USA

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