Earlier today, the U.S. Army preferred 13 charges and specifications of premeditated murder against Major Nidal Hasan.  This preliminary step does not and should not preclude the preferral of additional charges including a charge and specification for the killing of the unborn child of one of the victims of the Fort Hood massacre,  Private Francheska Velez of Chicago, Illinois.

As a former military judge advocate (for 14 years) who specialized in military justice, I understand the confusion that the announcement of these charges and specifications has engendered.  However, it is important to understand that the military justice system is different than the civilian system that most are more familiar with.

The investigation into Hasan’s conduct will continue and, under the Uniform Code of Military Justice (UCMJ) and the Rules for Courts-Martial, his commanders are free to prefer additional charges if warranted.   Moreover, under the UCMJ, Hasan is entitled to an Article 32 hearing — a pretrial hearing in which a military officer, likely a military judge in this case, will review the evidence and charges against Hasan for factual and legal sufficiency, and that hearing officer may also recommend that additional charges and specifications be preferred if the evidence supports them.  In fact, the preferral of additional charges and specifications in a case of this magnitude is common.

Importantly, Army officials have already acknowledged that additional charges are under consideration.  Specifically, the Associated Press is reporting that a decision has not yet been made as to whether Hassan will face a charge and specification under the changes made to the UCMJ in 2004 when President George W. Bush signed the federal Unborn Victims of Violence Act (UVVA).  The UVVA criminalizes assaults on the unborn — including those that result in the death of the child — that occur during the commission of another federal crime or on federal property such as military installations like Fort Hood.  The UVVA specifically modified the UCMJ to allow the prosecution of military personnel (stationed anywhere in the world) who kill or injure an unborn child. 

Notably, if an additional charge for the killing of Private Velez’s unborn child is preferred and referred for court-martial, this will not be the first time that a member of the U.S. military has faced charges under the federal Unborn Victims of Violence Act.  The Air Force has already prosecuted and secured a conviction in one such case.

There are, of course, many unnamed victims of the attack at Fort Hood.  Spouses, parents, children, siblings, friends.  Each left to suffer and question why, on American soil, their loved one’s life was violently ended.

But there was another victim that has been frequently overlooked: the unborn child of soldier Francheska Velez.  When Hasan took Velez’s life, he took the life of her unborn baby as well.

As the country looks for justice to be served in this horrendous tragedy, we cannot forget that Hasan can and should be charged with the death of Baby Velez as well. 

The Uniform Code of Military Justice was modified when President George W. Bush signed the Unborn Victims of Violence Act (UBVV) in 2004.  Also known as “Laci and Conner’s Law,” the federal UBVV law applies only to federal crimes and federal jurisdictions, such as military installations.  That is why AUL pushes so vehemently for states to enact their own versions of the federal UBVV law.

As AUL explained in Defending Life 2009:

“Thus, the biggest impact of Laci and Conner’s law may be in its revisions to the Uniform Code of Military Justice (UCMJ). Military prosecutors can now pursue charges against military personnel stationed anywhere in the world if their actions cause the death of an unborn child; previously, they were limited to filing such charges only in those states with laws protecting unborn victims of violence.  A case such as that of Airman Gregory L. Roberts, who in 1996 savagely beat his pregnant wife, rupturing her uterus and killing their unborn daughter, resulted in manslaughter charges only because Ohio, where he was stationed, had a fetal homicide law on its books. Had Roberts been stationed in Colorado or North Carolina—states with a significant military presence, but no laws protecting an unborn child from violence—he could not have been charged with his daughter’s death and would have faced prosecution only for the assault on his wife.”

You can read the entire article here.

Because the UBVV law was signed in 2004 and is incorporated in the Uniform Code of Military Justice, justice can be sought for Baby Velez.

On February 18, 2006 in Hooksett, New Hampshire, Joshua Lamy, driving drunk at 100 mph, ran a red light and struck a car driven by Briana Emmons who was seven months pregnant. Emmons’ baby, Dominick, was delivered via emergency Caesarean section and was on life support for two weeks before he died. Initially, Lamy was sentenced to 40-80 years in prison for killing two people, Emmons’ passenger and Dominick. However, on appeal, Lamy’s attorneys claimed that Dominick did not meet the “born alive rule” and therefore, his death does not count as homicide. The Supreme Court sided with Lamy’s attorneys and if the Legislature agrees with this ruling, Lamy’s sentence could be reduced by 15-30 years.
 
New Hampshire’s “born alive rule” dates back to 14th-century England while thirty other states have adopted fetal homicide laws. Prosecutors, Hillsboro County Attorney Marguerite Wageling, and the Supreme Court agree that New Hampshire should amend their “born alive rule”. The Supreme Court stated: “Should the Legislature find the result in this case as unfortunate as we do, it should follow the lead of many other states and revisit the homicide statutes as they pertain to a fetus.” 
 
To read an article regarding this outrageous ruling, see WMUR Channel 9.

Today, the Oklahoma House passed Senate Bill 1103, the “Use of Force for the Protection of the Unborn Act.” The Senate had already passed it 44-0 and it passed in the House 95-0. One of the authors of the bill, state Representative Mike Thompson, explained the driving force for creating the bill: “Pregnant women who refuse to abort their child are too often attacked by their partner in an effort to force a miscarriage…Women put in this position should have the legal right to defend themselves, with lethal force if necessary.” To view the press release, go to okhouse.gov.

This year, one of AUL’s new pieces of model legislation is the “Use of Force to Protect the Unborn” bill – a bill that allows pregnant women to use force, even deadly force, to protect her unborn child.

Across the nation, countless pregnant women are victims of domestic violence.  Sometimes, their attacker has one intent in mind – to kill the unborn child she is carrying.  In 1999, Jaclyn Kurr suffered a miscarriage after being physically attacked by her boyfriend, Antonio Pena. Jaclyn was more than 16 weeks pregnant with quadruplets when Pena punched her stomach multiple times during an argument. Jaclyn stabbed Pena in defense of her unborn children. Pena subsequently died, and Jaclyn was charged with and found guilty of manslaughter.  On appeal, the Michigan Court of Appeals held that Jaclyn, as a pregnant woman, was justified in using deadly force to protect the lives of her unborn children.

However, charges should have never been filed against Jacklyn in the first place. But, due to this area of law being unclear, every pregnant woman who defends her unborn child is at risk of the overreach of an overzealous prosecutor.  AUL’s Use of Force bill will help close this loophole.

Oklahoma is the first state to consider this model legislation, and the Senate President Pro Tempore Glenn Coffee carried the bill personally.  The bill passed overwhelmingly by a vote of 44-0.  Here is a copy Senator Coffee’s press release.

The bill now goes to the Oklahoma House for consideration.

National Sanctity of Human Life Day, 2009
A Proclamation by the President of the United States of America

 
All human life is a gift from our Creator that is sacred, unique, and worthy of protection. On National Sanctity of Human Life Day, our country recognizes that each person, including every person waiting to be born, has a special place and purpose in this world. We also underscore our dedication to heeding this message of conscience by speaking up for the weak and voiceless among us.

The most basic duty of government is to protect the life of the innocent. My Administration has been committed to building a culture of life by vigorously promoting adoption and parental notification laws, opposing Federal funding for abortions overseas, encouraging teen abstinence, and funding crisis pregnancy programs. In 2002, I was honored to sign into law the Born-Alive Infants Protection Act, which extends legal protection to children who survive an abortion attempt. I signed legislation in 2003 to ban the cruel practice of partial-birth abortion, and that law represents our commitment to building a culture of life in America.

Also, I was proud to sign the Unborn Victims of Violence Act of 2004, which allows authorities to charge a person who causes death or injury to a child in the womb with a separate offense in addition to any charges relating to the mother.

America is a caring Nation, and our values should guide us as we harness the gifts of science. In our zeal for new treatments and cures, we must never abandon our fundamental morals. We can achieve the great breakthroughs we all seek with reverence for the gift of life.

The sanctity of life is written in the hearts of all men and women. On this day and throughout the year, we aspire to build a society in which every child is welcome in life and protected in law. We also encourage more of our fellow Americans to join our just and noble cause. History tells us that with a cause rooted in our deepest principles and appealing to the best instincts of our citizens, we will prevail.

NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim January 18, 2009, as National Sanctity of Human Life Day. I call upon all Americans to recognize this day with appropriate ceremonies and to underscore our commitment to respecting and protecting the life and dignity of every human being.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand nine, and of the Independence of the United States of America the two hundred and thirty-third.

GEORGE W. BUSH

FOR IMMEDIATE RELEASE
December 11, 2008

Americans United for Life Releases Eight New Model Legislation & Policy Guides: Twenty-Three Model Legislation & Policy Guides Now Available

Chicago, Illinois — Americans United for Life (AUL) today released its 2009 Model Legislation & Policy Guides. With the addition of eight new guides this year, AUL now offers 23 pieces of model legislation on key issues related to abortion, protection of unborn victims of violence, bioethics, healthcare rights of conscience, and the end-of-life.

Dr. Charmaine Yoest, AUL President & CEO said, “AUL is the leading developer of cutting-edge pro-life legislation that saves lives today and lays the groundwork for a nation in which everyone is welcomed in life and protected in law.”

New additions to AUL’s library of model legislation include a state legislative resolution opposing the federal Freedom of Choice Act (FOCA), a prohibition on coerced abortions, and The Child Protection Act—comprehensive legislation to ensure abortion providers report child sexual abuse and prevent the transportation of children across state lines for clandestine abortions.

Denise Burke, AUL Vice President of Legal Affairs added, “Each year, AUL legal and policy experts provide extensive consulting and support to legislators across the nation, helping to enact protective laws that advance a culture of life. We look forward to partnering with legislators and pro-life allies in 2009 to build on our past successes.”

All of AUL’s Model Legislation & Policy Guides are available at http://www.aul.org/Legislative_Guides

For the past week, many in the public and the media have been galvanized by the ongoing investigation into the murders of U.S. Marine Lance Corporal Maria Lauterbach and her unborn child and the resulting manhunt for the primary suspect, Corporal Cesar Laurean, a fellow Marine who Lauterbach had accused of raping her. Corporal Lauterbach was eight months pregnant when she was killed.

Seemingly in every newscast, North Carolina and federal law enforcement officials continue to share emerging details of these horrific murders and the intensive search for Laurean. What has not been adequately addressed is the impact that this case is likely to have in the ongoing debate over laws protecting unborn victims of violence.

If Laurean is found and charged, he could face only one count of murder, going unpunished for the death of Corporal Lauterbach’s unborn child. The outcome is entirely dependent on whether the U.S. Marine Corps takes jurisdiction of the case or if the State of North Carolina does.

Under the Uniform Code of Military Justice (UCMJ), Laurean could face murder charges for killing both Corporal Lauterbach and her child. This result is possible because, in April 2004, President Bush signed the federal Unborn Victims of Violence Act which, among other things, modified the UCMJ to provide for homicide prosecutions when an unborn child is killed. Conversely, North Carolina is one of only 14 states that do not recognize an unborn child as a potential victim of homicide.

Clearly, whether a suspect is tried for violently ending the life of an unborn child should not rest on the disparity between federal (military) and North Carolina law. The two should be compatible and North Carolina needs to take immediate action to remedy this injustice.

Just posted at AUL.org, our review of the 2007 state legislative sessions.

Table of Contents

• Introduction
• Overall Trends andAnalysis
• Abortion
  • Amendments to General Abortion Statutes
  • Abortion Bans/Constitutional Amendments
  • Abortion Clinic Regulations
  • Clinic Access/FACE
  • Coerced Abortions
  • Crisis Pregnancy Centers
  • Freedom of Choice Act/FOCA
  • Informed Consent/Women’s Right to Know
  • Insurance Coverage
  • Legislative Declarations
  • Parental Involvement
  • Provider Requirements/Limitations
  • Public Funding for Abortion
  • RU-486
  • Reporting
  • Spousal Notification
• Contraception
  • “Contraceptive Equity”
  • Emergency Contraception/Plan B
• Protection for Unborn Victims of Violence and Newly-Born
  • Protection of Unborn Victims of Violence
  • Born-Alive Infant Protection
  • “Baby Moses” Laws
  • Stillbirth Certificates
  • Substance Abuse During Pregnancy/Child Endangerment
• Bioethics
  • Constitutional Amendments
  • Human Cloning
  • Destructive Embryo Research (DER)/Embryonic Stem Cell Research (ESCR)
  • Chimeras
• Regulation of Assisted Reproductive Technologies / In Vitro Fertilization (IVF)
  • Insurance Coverage
  • Regulation
• Healthcare Rights of Conscience (ROC)
  • Abortion
  • Broad ROC Protection
  • Contraception
  • Protection for Pharmacists
  • “Compulsion” Bills
• End-of-Life
  • Assisted Suicide/Euthanasia
  • Advance Directives
  • Pain Control and Palliative Care
  • Prevention of Dehydration and Starvation
• Endnotes

Full Report Available at AUL.org