Killing Fetus During Felony Is Murder

Your article (“O.C. Woman Shot to Death One Day From Giving Birth,” Jan. 3, 1995) states that “courts have ruled that the death of a fetus can be considered a homicide if it could have survived outside the womb.”

In fact, the courts have made it clear that a fetus has rights whether or not it could survive outside the womb.

I would like to remind The Times of the May 17, 1994, article: “Assault Causing Miscarriage Can Be Murder Case.”

This article made it clear to your readers that the California Supreme Court issued a ruling (People vs. Davis), which declared that the killing of a fetus by a third party--even a fetus that is not yet viable-- during the commission of a felony may be considered first-degree murder.

Therefore, the tragic killing of the 27-year-old woman and her fetus who were shot to death is considered a double homicide. To correct the Jan. 3 article, even if the mother had survived, the fatal shooting of a fetus is always considered a homicide even if it could not have survived outside the womb. The taking of the life of a fetus (“by a third party” as opposed to “by its own mother”) is a crime. The fetus has rights to life.

REV. JEROME T. KARCHER

St. Joachim Catholic Church

Costa Mesa