SHOULD DYNEL LANE BE CHARGED WITH MURDER? -- THE ASSAULT OF MICHELLE WILKINS

[HairOfTheDog]

^Michelle Wilkins is a 26-year-old Colorado woman. She was 7 months pregnant when she went to a home to buy baby clothes advertised on Craigslist yesterday.


When she arrived, she was attacked by ^ Dynel Lane, 34. Lane cut Wilkins' fetus from her body.

Lane's husband, who believed his wife was pregnant (as did the couple's daughters) came home early from work to take his wife to a pre-natal appointment. He found her covered in blood and then found the fetus, reportedly gasping for air, in the bathtub. Lane told him she had miscarried their unborn boy. The husband rushed Lane, fetus in her arms, to the hospital.

Downstairs at the home and unknown to Lane's husband, Wilkins was fighting for survival. She won that fight and was able to call 911. When police arrived, they rushed her to the hospital.

So.........both women and the fetus were taken to the same hospital: Longmont United. There, Lane initially refused to let emergency room doctors examine her. Finally, she admitted she hadn't miscarried.

Meanwhile, police were trying to identify who assaulted Wilkins and stole her fetus. They got wind of what was going down in the emergency room with Lane and put two and two together.

Wilkins will survive. The fetus is dead. Lane is charged with attempted first-degree murder of Wilkins, first degree assault on Wilkins, and child abuse resulting in death. Lane is NOT charged with murder at this time.

The police report cites hospital staff as saying that the baby "was approximately seven months old and would have been viable."

Do you think Lane should be charged with murder?

[Carsman]

YES! Attempted. IMO

What a bizarre unthinkable thing to do to that poor woman! Lane had no regard whatsoever for cutting up Wilkins (attempted murder) not caring if she lived or died. Unfortunately the baby died in the process, that was involuntary manslaughter. (That damn "Craigslist" does it every time)

[Duchess]

Do you think Lane should be charged with murder?

Yes. It's her fault the baby died. She caused his death.

[ramseycat]

What Duchess said.

[SIXFOOTERsez]

Jesus Christ, I read this a couple days ago and WTF? Crazy bitch, Yes she should be charged. Go ahead and giver the needle, there ain't any rehabbing that one.

[HairOfTheDog]

Do you think Lane should be charged with murder?

Yes. It's her fault the baby died. She caused his death.

Lane did cause the baby's death, no doubt.

It's a terrible story and I hope Michelle Wilkins has a lot of strength and support. What she went through and her loss has gotta be absolutely overwhelming.

I won't be surprised if it comes out that Lane did actually miscarry a boy or lose a male child in the past -- that kinda thing is usually what motivates women to fake a pregnancy and steal another women's unborn child. Lane has two girls, but no boys, as far as I know.

Legally and politically, the prosecution of Lane will be touchy, I think. I don't want to see abortion rights weakened or stripped because a court rules this murder. I mean, if Wilkins can legally abort her own fetus late term without it being considered murder, how can the results of Lane's actions be considered murder? Probably can't have it both ways.

If the Medical Examiner determines that the baby breathed outside of the womb and then died, I think a murder charge will be less controversial and a jury would be more likely to convict. If the baby died before that, it's a big can of worms filing murder charges.

In either case, I think Lane will be convicted and incarcerated for life on the other felony charges -- either in prison or a penal mental facility.

[Duchess]

if Wilkins can legally abort her own fetus late term without it being considered murder, how can the results of Lane's actions be considered murder? Probably can't have it both ways.

Oh my goodness, I never even considered that aspect of it.

You're absolutely right, can't have it both ways.

[ramseycat]

Aborting your own fetus and cutting out another women's baby are two different things.

[HairOfTheDog]

Aborting your own fetus and cutting out another women's baby are two different things.

Well, of course. Thus, the attempted murder and assault charges for the attack on Wilkins.

But, how is it not murder for a woman to choose to have a fetus inside of her womb terminated, but murder if the termination of that same fetus is caused by the choices of someone other than the mother?

In both cases, the fetus is either a person who can be murdered or it isn't.

[sally]

Since when is it legal here to have late term abortions? As far as I know you're not allowed to abort a 7 month old fetus unless the mother's life is in jeopardy and even then I think at that stage of pregnancy it's too late. It's no longer a fetus, it's a viable baby.

[Maggot]

7 months is to early it should be like 40 days.

[HairOfTheDog]

Ironically, though, if both Wilkins and the fetus had died, Lane would probably be facing two murder charges under the Unborn Victims of Violence Act of 2004 (Public Law 108-212). It was passed after the murder of Laci Peterson when she was 9 months pregnant.

The law, applied in 36 states, recognizes a child in utero as a legal victim, if they are injured or killed during the commission of any of over 60 listed federal crimes of violence. The law defines "child in utero" as "a member of the species Homo sapiens, at any stage of development, who is carried in the womb".

Sometimes the application of law is tricky business and sometimes it can seem cold examining the legalities and their impacts in regards to such a tragic loss. But, it will be part of the case here, I'm sure of it. I think that the prosecutors in this case are gonna need to rely heavily on the ME's findings as to when/where the fetus was terminated in determining final charges.

[Midwest Spy]

She should be charged with Murder 1 as this was clearly pre-meditated.

[HairOfTheDog]

Since when is it legal here to have late term abortions? As far as I know you're not allowed to abort a 7 month old fetus unless the mother's life is in jeopardy and even then I think at that stage of pregnancy it's too late. It's no longer a fetus, it's a viable baby.

Bans on late-term abortions vary by state.

Colorado has no ban on late term abortions, nor does Alsaka, New Hampshire, New Mexico, D.C., New Jersey, Vermont, Oregon or West Virginia.

http://www.nationaljournal.com/health-ca...e-20150121

[sally]

But, how is it not murder for a woman to choose to have a fetus inside of her womb terminated, but murder if the termination of that same fetus is caused by the choices of someone other than the mother?

If a doctor terminated a pregnancy at 7 months he would most likely be charged with murder. If a mother cut out her own baby at 7 months and smothered it she would most likely be charged with murder.

[HairOfTheDog]

But, how is it not murder for a woman to choose to have a fetus inside of her womb terminated, but murder if the termination of that same fetus is caused by the choices of someone other than the mother?

If a doctor terminated a pregnancy at 7 months he would most likely be charged with murder. If a mother cut out her own baby at 7 months and smothered it she would most likely be charged with murder.

The likelihood of a murder charge in either case would be higher in some states than others, due to state-specific laws.

Things like the condition of the mother, the intent of the mother and/or doctor, the prosecutor's interpretation of the evidence in relation to the state-specific law...would also factor into determining the charges.

[sally]

Since when is it legal here to have late term abortions? As far as I know you're not allowed to abort a 7 month old fetus unless the mother's life is in jeopardy and even then I think at that stage of pregnancy it's too late. It's no longer a fetus, it's a viable baby.

Bans on late-term abortions vary by state.

Colorado has no ban on late term abortions, nor does Alsaka, New Hampshire, New Mexico, D.C., New Jersey, Vermont, Oregon or West Virginia.

http://www.nationaljournal.com/health-ca...e-20150121

I did not know that, that's barbaric. I'm pro-choice, but that's just insanity.

[Duchess]

Wow! I think if you abort a 7 month old fetus that's murder! If it can live outside the womb it's a baby at that point in my mind.

[username]

Yeah, I'm an opponent of late term abortions except in rare cases where the child is doomed to die at birth or something similar.

She should be charged with murder. I was thinking about the Laci Peterson case--didn't realize the MOTHER had to die as well for that to apply.

Lane DID lose a child (at least I heard that yesterday):

"Wants to Know has also found an obituary from Pueblo which lists Dynel Cruz as the mother of a 1-year-old boy who died on July 2, 2002. In addition, court records indicate a Dynel Cruz, through marriage, changed her last name to Lane years later.

The obituary says Michael Alexander Cruz was just 19 months old when he passed away".


MURDER!

[HairOfTheDog]

She should be charged with murder. I was thinking about the Laci Peterson case--didn't realize the MOTHER had to die as well for that to apply.

I'm not sure if there's been another case like this one. Usually, both the pregnant woman and the fetus die or only the fetus lives in these kinds of terrible assaults. So, whether or not the federal Violence Against Unborn Victims Act could possibly be applied, I'm not sure.

Colorado is one of 14 states that does not have state laws protecting unborn victims. Source: http://www.nrlc.org/federal/unbornvictim...aws092302/

When it comes to determining the final charges, intent may play a role here too.

--If Lane was trying to steal the fetus, claim it as her own and raise it to replace the child she lost (thanks for finding that info), is it premeditated murder legally? I'd think not. 2^nd Degree Murder, Manslaughter, death resulting from child neglect... I imagine one of those would be charged instead.

--If instead Lane feared getting busted for not really being pregnant and decided to steal the fetus, let it perish, and show her husband that she'd miscarried and lost the baby, I could definitely see her being charged with premeditated murder in Colorado if the fetus had survived outside of Wilkins for any length of time.

The case is sad and horrific, but the legalities are interesting and could be very tricky for Colorado prosecutors and juries.