Why this coverage matters
Raimondo’s role
Legal commentator examining how California homicide and fetal-death statutes could apply to unusual allegations.
Coverage highlights
- Central issue: Raimondo discussed difficult charging questions after a pregnant woman and her partner were accused of conduct that caused the death of an unborn child.
- Raimondo’s involvement: Legal commentator examining how California homicide and fetal-death statutes could apply to unusual allegations.
- Archive record: 23ABC, published June 28, 2018.
Read the archived coverage excerpt+
BAKERSFIELD, Calif. - New details about the killing of an unborn baby. While there is no question her death was brutal, the legality behind it isn't as clear. According to court documents the mother and father headed to the Bluffs mid May to discuss the future of their unborn baby. The couple decided they didn't want to have the child. Court records state the mother, who was seven months pregnant, allowed the father to hit her stomach as many as 10 times and squeeze her, hard enough to leave bruises.
Documents state she told investigators she didn't feel the baby move after he hit her. About a week later, she delivered the baby at Kern Medical. The baby girl had a fractured skull and spinal injury. Police said the father denies he hurt his girlfriend, or the unborn baby. Bakersfield police are investigating. The district attorney's office is also reviewing the case. California law defines murder as the unlawful killing of a human being or a fetus with malice aforethought.
State law also has a provision that states: the law does not apply to any person who commits an act that results in the death of a fetus if the act was solicited, aided, abetted, or consented to by the mother of the fetus. Local defense attorney Mark Anthony Raimondo said, "In the state of California a person who is pregnant, still pregnant, can terminate their pregnancy almost by any means and not be held liable criminally for their actions." Raimondo couldn't speak directly to the case, but said state law also protects anyone who helps end a pregnancy at the mother's direction.
Raimondo said, "It's kind of a very unique circumstance.
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Original source
23ABC
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