Murder of Fetus

Recently, a San Diego jury convicted Robert Anthony Davis of first-degree murder. He was accused of murdering a 23-week-old fetus. The fetus was prematurely delivered after a pregnant woman was shot in the chest during the commission of a robbery. Some are celebrating this murder conviction as a “victory for the unborn.”

It is indeed a tragedy that Maria Trinidad Flores’ pregnancy was ended as the result of an assault against her by an armed robber. However, it was the crime against Ms. Flores herself, that was the issue. It was Ms. Flores who almost lost her life--Ms. Flores is in fact a living, breathing human being; her fetus was not.

Superior Court Judge Michael D. Wellington told the jury that a fetus is considered viable if there is any chance that it could survive outside the womb for at least 28 days. This misrepresentation of the medical, legal and ethical literature is appalling.

Survive for 28 days? Surely, Ms. Flores didn’t want her fetus to merely survive--she wanted to continue her pregnancy and give birth to a baby. Surely she wanted her baby to experience life, to blossom, to laugh, to love and to be loved.

We deplore the fact that the experience of this pregnancy was taken away from Ms. Flores. We are pained by the fact that Ms. Flores was unable to exercise her choice, a choice we applaud and celebrate, to continue her pregnancy. We weep with Ms. Flores as she experiences the loss of the hopes, dreams and aspirations that inevitably accompany a planned, wanted, intended pregnancy.

We believe Mr. Davis was guilty of many things, including attempted murder of Ms. Flores, and assault with a deadly weapon.

But was he guilty of “killing an unborn child?” By definition, a 23-week fetus is not an unborn or pre-born child as “pro-life” and anti-choice activists would like us to believe. A 23-week fetus has the potential to develop further and become a healthy baby. As testimony at the trial suggested, a 23-week fetus has less than a 3% chance of survival outside of the womb. Mr. Davis robbed Ms. Flores of more than money, and of more than her health. He took away her self-determination. He stole what could have been a future. As we said, he was guilty of many things for which he deserves punishment, but murder is not one of them.

ASHLEY PHILLIPS, Executive Director, Womancare Clinic