L&I Re: Is a Fetus a Person? /example

[Linda D. Misek-Falkoff, Ph.D., J.D.]

"Linda D. Misek-Falkoff, Ph.D., J.D." <[EMAIL PROTECTED]> writes:


Friday, October 18, 1996 


            FETUS OR BABY? DUI DRIVER GUILTY IN DEATH

     THE ASSOCIATED PRESS

        CORPUS CHRISTI, Texas -- A man who drove drunk into a pregnant
woman's car was convicted Thursday
     of killing the woman's baby, who was born a month and a half
premature because of the crash.

        Jurors were not required to consider whether Krystal Zuniga was
a person or a fetus at the time of the
     accident, but were instructed to decide whether Frank Flores
Cuellar caused the crash that resulted in the baby's
     death.

        Groups on both sides of the abortion issue closely followed the
case, which touched on the question of when
     life begins.

        Anti-abortion activists hailed the verdict as a step toward
tougher laws against criminals whose actions harm
     the unborn, while abortion-rights supporters warned it could lead
to a new determination of when life begins,
     leading to the outlawing of abortion.

        Both sides agreed, however, that the implications of the verdict
would remain murky until considered by an
     appeals court.

        ``It's too early to know whether or not it's a setback,'' said
Pauline Cashion, executive director of the Texas
     Abortion and Reproductive Rights Action League.

        Defense lawyers refused to say whether they would appeal. They
cited a gag order that remains in effect
     through sentencing, scheduled for today.

        Cuellar, 50, faces two to 20 years on the intoxication
manslaughter conviction. He also is charged with two
     felonies relating to the mother: driving while intoxicated and
intoxication assault, for which he will be tried later. His
     defense had asked for the separate trial on the manslaughter count
to avoid airing Cuellar's prior DWI
     convictions.

        On June 15, Cuellar's blue Chevrolet Blazer veered into the
wrong lane and crashed head-on into a car driven
     by Jeannie Coronado as she returned from a late-night trip to the
grocery store.

        Coronado, 7-months pregnant, gave birth to Krystal by emergency
Caesarean section. Weighing 4 pounds
     and suffering extensive brain damage, Krystal died 44 hours later.

        When the verdict was read, Coronado clasped her hands together,
smiled and nodded. Neither she nor the
     child's father, Julian Zuniga, would comment.


Subscribe/Unsubscribe, email: [EMAIL PROTECTED]
In the body of the message enter: subscribe/unsubscribe law-issues