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Couple Tests Texas Law Protecting Unborn

LUFKIN - The would-be teen mother arrived by ambulance last May, her womb empty, belly bruised and lips tightly sealed.

The twin fetuses that 16-year-old Erica Basoria carried for five months had slipped into the bathroom toilet while her boyfriend and his family slept. They awoke to her cries and called 911.

Basoria had bruises on her eye, arm and wrist, so authorities assumed she had been beaten. Her boyfriend, 18-year-old Gerardo "Jerry" Flores, was charged with murder under the state's new law protecting the unborn.

But it wasn't that simple. Basoria told authorities she had been trying to kill her unborn sons for weeks and finally asked Flores to step on her stomach...

The Texas law, like many others across the nation, bans prosecution of mothers because they have a legal right to end pregnancies. So Basoria can't be charged. That fact has attorneys on both sides questioning the fairness of a statute that considers one person's crime another person's constitutional right.

"How can two people conspire to do something like this and only one of them be punished? How can that be fair?" defense attorney Ryan Deaton said.


So why isn't this girl as guilty or even more guilty than her boyfriend? Then again, how is it murdr if the boyfriend does what the mother asks to end the pregnancy but it's an abortion if a doctor does what the mother asks. The act is the same, only the players are different. Shouldn't the law be consistant at the very least? Shouldn't it treat everyone the same? It seems to me that the boyfriend is simply guilty of practicing medicine without a license, not murder. What do you think?

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