FLA Woman Won't Be Charged After Drugged Fetus Found In Freezer

[Sphincter Cop]

Hmmm what should I do with the stillborn I just had?? Oh, I know; I'll just wrap it up in this GLAD garbage bag and freeze it.

[ttownclown]

Wow what is wrong with people??? No crime seriously...This just makes me sick.

[username]

What the hell...?

[HairOfTheDog]

I actually agree with the Florida statutes that prohibit her from being charged.

Smallwood is an idiot and a liar and probably a drug addict, imo. But, since the investigation determined that there was no evidence that the still birth was the result of Smallwood purposely trying to illegally abort the fetus after the third-trimester, then there's no crime, imo. The medical examiner ruled the death as natural and there was no internal or external damage to the fetus. The freezer thing is effin weird, but again, weird ain't a crime.

Even losers have still births sometimes. This story is sad, but if she were to be charged with a crime, it would be predjudical, imo. Plus, as much as I abhor women who put their unborn children at risk with blatantly unhealthy lifestyles, I think arresting them for it opens a dangerous door.

JMO...

[Sphincter Cop]

This story is sad, but if she were to be charged with a crime, it would be predjudical, imo.

Yet they ignore Section 827.11 of the Florida staute that specifically states that a child's death/corpse must be reported within 2 hours. This is even specifically mentioned in Caylee's law; which corresponds to this specific offense.

I think they cut the bitch a break!

[HairOfTheDog]

This story is sad, but if she were to be charged with a crime, it would be predjudical, imo.

Yet they ignore Section 827.11 of the Florida staute that specifically states that a child's death/corpse must be reported within 2 hours. This is even specifically mentioned in Caylee's law; which corresponds to this specific offense.

I think they cut the bitch a break!

That she should have been charged with if the law has already been passed. Agree. Also agree that it's a good law.

Aside from failure to report, I don't think other charges would have been valid. JMO.

What if she'd been Suzy Homemaker who had a late term still born, got emotionally freaked out by something so traumatic, and did the same thing? Only difference between the two scenarios, in my mind, is that Ms. Smallwood is not Suzy Homemaker. The investigation uncovered no intent and the ME said "natural causes".

Maybe they did cut her a break on the failure to report. If so, wonder why?

[Sphincter Cop]

Maybe they did cut her a break on the failure to report. If so, wonder why?

My theory - She snitched something bigger out. It seems to be a trend amongst the ranks!

[username]

Sadly I wonder if the fetus didn't count as a "child's death" because it apparently was never alive outside the womb? A 6.5 lb "fetus" is a baby to me but maybe not so legally.

[Sphincter Cop]

Sadly I wonder if the fetus didn't count as a "child's death" because it apparently was never alive outside the womb? A 6.5 lb "fetus" is a baby to me but maybe not so legally.

Agree totally! That may be the case, which is something I didn't consider. HOD might find this interesting as well.

[HairOfTheDog]

Even if the fetus was fully developed enough to meet the criteria for being considered a child, the outcome would have been the same (based on my understanding from the news report in the OP).

LE investigated the circumstances in depth and did not uncover intent to abort/kill + the ME ruled no damage to the internal or external areas of the fetus/child = death due to natural causes.

No evidence of a crime under Florida law, whether the fetus was considered a child or not (aside from failure to report).

What am I missing?

[Sphincter Cop]

[/color]

Even if the fetus was fully developed enough to meet the criteria for being considered a child, the outcome would have been the same (based on my understanding from the news report in the OP).

LE investigated the circumstances in depth and did not uncover intent to abort/kill + the ME ruled no damage to the internal or external areas of the fetus/child = death due to natural causes.

No evidence of a crime under Florida law, whether the fetus was considered a child or not (aside from failure to report).

What am I missing?

Actually, the lungs were examined to determine if the baby was stillborn. Anywho.....you're not missing anything. Just thought User's idea was plausible.

[HairOfTheDog]

Actually, the lungs were examined to determine if the baby was stillborn. Anywho.....you're not missing anything. Just thought User's idea was plausible.

Thanks SphincterCop. Will be interested in seeing how the lung examination turns out.

P.s. hope my post didn't sound more serious than I intended. I really wondered if I was missing a piece of the story or logic, sometimes things fly right overhead.

[username]

Even if the fetus was fully developed enough to meet the criteria for being considered a child, the outcome would have been the same (based on my understanding from the news report in the OP).

LE investigated the circumstances in depth and did not uncover intent to abort/kill + the ME ruled no damage to the internal or external areas of the fetus/child = death due to natural causes.

No evidence of a crime under Florida law, whether the fetus was considered a child or not (aside from failure to report).

What am I missing?

Nothing but if the fetus had been ruled a "child" at least she would have been subject to prosecution under the failure to report. Somebunny decided that a 6.5lb stillborn "fetus" wasn't a child. Loop, meet hole.

[HairOfTheDog]

... if the fetus had been ruled a "child" at least she would have been subject to prosecution under the failure to report. Somebunny decided that a 6.5lb stillborn "fetus" wasn't a child. Loop, meet hole.

Thanks, user. I didn't realize that's why the failure to report wasn't pursued. I see what you mean about the relevance of the "child" classification.

Weird story.