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

[sally]

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.

And who are the doctors that are terminating 3^rd trimester pregnancies. You'd have to be completely out of your mind to murder day in and day out what you may as well call infants at that point in pregnancy. It's unreal to me that this is legal in some states.

[Duchess]

And who are the doctors that are terminating 3^rd trimester pregnancies.

I don't know and I don't know how anyone could do something like that without a very good reason, like if there is a chance the Mom could die during delivery. I'd have a problem with a woman being told early in her pregnancy that the child would have serious issues and she waited until her 7^th month to choose abortion. Like you I'm pro-choice but I draw the line after a certain amount of time has passed.

[sally]

At that stage in pregnancy there is no reason to abort. Even if the mother's life was endangered they'd just do an emergency C-section and try to keep the baby alive. Not deliver it and stab it in the back of the head with scissors before it's completely out of the womb.

[HairOfTheDog]

As if this case wasn't complicated enough (at least legally, if not morally)...

I went to find more information about the male child Lane had lost. The little boy (1 ¹⁄₂ ys old) was playing outside with his 3 and 5 year-old sisters 13 years ago at the grandparents home while Lane was inside for a short time.

The little boy went missing and Lane and the two girls searched for him, ultimately finding him in a nearby shallow pond. He had drowned. Lane and the children's father were devastated, according to the grandfather. The couple eventually divorced.

In the course of looking for that information, I came across this photo of demonstrators responding to the OP story.


I checked and it has been confirmed that the fetus cut from Wilkins was a girl.

Lane had a Certified Nursing Assistant license and the police report says only someone with knowledge could have cut the fetus out so expertly.

So, now I'm wondering if the baby would still be alive if it had been a boy. Did Lane leave that baby unattended in the tub because she only wanted a son? She had recently shown her family a sonogram and falsely claimed that she was pregnant with a male child.

[QueenBee]

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.

I can sort of address this, maybe. back in the 80's my brother and sis in law were expecting. When she was scheduled for her 6 month check up, my brother at the last minute decided to take the afternoon off work and go with her, so he could hear the baby's heartbeat and see the ultrasound picture. During the ultrasound, the tech saw something "wrong" and called in a doc. The baby was laying splayed out, not in fetal position. So they sent her for an X ray. Turns out the baby was anacephalic...meaning no brain was developing. The baby would be either still born or die shortly after birth even if carried to term. The baby was "living" only through mom's cord
They decided to bring her in and induce labor, and she gave birth naturaly to a still born baby. It was never referred to as an abortion, but a still born birth.

[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.

I can sort of address this, maybe. back in the 80's my brother and sis in law were expecting. When she was scheduled for her 6 month check up, my brother at the last minute decided to take the afternoon off work and go with her, so he could hear the baby's heartbeat and see the ultrasound picture. During the ultrasound, the tech saw something "wrong" and called in a doc. The baby was laying splayed out, not in fetal position. So they sent her for an X ray. Turns out the baby was anacephalic...meaning no brain was developing. The baby would be either still born or die shortly after birth even if carried to term. The baby was "living" only through mom's cord
They decided to bring her in and induce labor, and she gave birth naturaly to a still born baby. It was never referred to as an abortion, but a still born birth.

I didn't address that, but of course in a situation like that you should be able to induce labor if the baby isn't expected to thrive. Something like that should be the parents choice and I imagine it's very painful. I wouldn't call that abortion.

[blueberryhill]

I just saw on the News that Lane will be charged with attempted murder and depending on results of autopsy of baby, murder will be added to charges. Said autopsy would most likely reveal whether baby was alive at the time of her being taken from the womb....

[HairOfTheDog]

The baby girl she had stolen from her womb would have been Michelle's first child.

This was just released:

THANK YOU STATEMENT FROM THE PARENTS OF MICHELLE WILKINS

Two days ago, our daughter Michelle was brutally attacked while responding to a Craigslist ad for maternity clothes. Her attacker beat, cut, and strangled her, and according to initial reports, then removed her unborn daughter with an ordinary kitchen knife, leaving Michelle for dead.

We cannot begin to fathom the depths of depravity and evil which drove her attacker, and trust that between law enforcement and our legal system; they will make sure justice is carried out. One life was ended and another scarred beyond imagination in this senseless act, with scores of others negatively affected.

The focus of Michelle's family and friends, who are numerous and spread around the world, is her physical recuperation from the attack and then a focus on her long-term recovery.

Her medical condition is guardedly optimistic, and we hope for a full physical recovery. We are so are thankful for the many expressions of sympathy we've received from around the world, but particularly from those who don't know Michelle personally. We are touched that so many have felt compelled to reach out to her with expressions of kindness, sympathy, and spiritual unity. She is aware of your generosity of spirit and expresses her gratitude.

For the many people who have generously reached out to assist Michelle with her recovery and expenses, they can mail their donations to:
The Michelle Wilkins Trust Fund
C/o The Kapsak Law Firm, LLC
1610 Hover St, Suite 203
Longmont, CO 80501

For those who are spontaneously and generously collecting donations on Michelle's behalf on social media, we request they be forwarded to the above address to ensure they reach Michelle.

Finally, we are eternally grateful to the first responders and emergency personnel of Longmont. They are heroes in every sense of the word. Together with an extraordinarily professional staff at Longmont United Hospital, they saved our daughter's life and continue to care for her with heartfelt compassion and understanding.

Words cannot begin to express what we are going through right now, but being surrounded by these professionals who have cared for her so wonderfully gives us some comfort.

Please continue to respect our wishes for privacy as our family continues to grieve, recover and heal.
====================================

Michelle's attacker, Dynel Lane, is being held on $2 million bail in Boulder County Jail.

She's scheduled to appear in court on Monday.

[Duchess]

That's a lovely letter.

[Midwest Spy]

As Six mentioned up thread, Michelle's attacker is beyond the idea of rehabilitation.

She callously discarded Michelle after removing the baby from her womb, leaving her for dead, and then, after discovering the baby wasn't a boy, basically killed her.

She shouldn't ever leave a prison again as long as she lives.

[HairOfTheDog]

She callously discarded Michelle after removing the baby from her womb, leaving her for dead, and then, after discovering the baby wasn't a boy, basically killed her.

She shouldn't ever leave a prison again as long as she lives.

We don't know yet if Lane lured Michelle to the house hoping to steal a male fetus and pass it off as her bio-son, or if she instead planned to kill the fetus from the get-go and stage a miscarriage to explain why she was suddenly no longer pregnant, or if she had some other motive. Her intent has not been addressed by LE at this point.

The arraignment originally scheduled for tomorrow has been delayed until Friday.

Lane was initially arrested on suspicion of three felonies -- attempted first-degree murder, first-degree assault and child abuse knowingly/recklessly resulting in death. However, the Boulder County District Attorney will have the final say on what charges she will face.

The autopsy was conducted on the baby Friday. However, Boulder County Deputy Coroner Derek Rinaldi said more investigation is needed before a ruling is made on the cause and manner of death. This can include microscopic analysis of tissue along with blood and toxicology testing.


Lane's husband David Ridley (pictured with Lane above) is cited in the Police Report as saying that he found the baby in the bathtub and it took a gasp for air when he turned the body over.

But, the prosecution is surely waiting to see if the coroner can confirm for a fact that the baby breathed outside of the womb before deciding final charges. The DA's office doesn't need to rush on determining whether a murder charge will be filed; Lane's in jail on $2,000,000 bail for the attack on Wilkins anyway.

[HairOfTheDog]

That's a lovely letter.

I'm so glad that Wilkins has such a seemingly supportive and close family. She also has a partner named Dan and her family says that her dog Jade is of great comfort and very protective of Michelle.

She was released from the hospital yesterday.



Michelle ^ had moved back to Colorado just prior to the attack and was a pottery teacher. She'd planned to name her baby girl Aurora.

The cost of her recovery will be astronomical, according to her family. The GoFundMe page set up by her supporters has collected over $55,000 so far.

Michelle's attacker Dynel Lane will be in court on Friday to face formal charges.

[Duchess]

Some of these stories (like this one) make me feel heartsick :(

[HairOfTheDog]

No Murder Charges to be Filed

Authorities say there's no evidence a baby cut from her mother by a stranger was alive outside the womb; the District Attorney's office will not charge Dynel Lane with the murder of Michelle Wilkins' baby.

Boulder County Coroner Emma Hall said Friday investigators found no trauma or injuries to the baby girl.

Under Colorado law, a person can be charged with murdering a baby only if there's evidence the baby survived apart from its mother.

Authorities in Denver are reviewing the case files on the death of Lane's toddler son back in 2002 in light of her recent actions to ensure that it really was an accident.

Sources:
http://abcnews.go.com/US/wireStory/suspe...e-29945016
http://www.denverpost.com/news/ci_277992...get-second

[Duchess]

Wow. Her actions caused that baby's death.

[username]

Wow. Her actions caused that baby's death.

Right? That's some twisted thinking and I hate to say it but some extreme pro-choice advocates probably applaud it. Fucking nut cakes every where.

[HairOfTheDog]

This story is interesting legally and reminded me of the Dynel Lane case.


The state's highest court has thrown out the manslaughter conviction of a Sound Beach woman for the death of a baby she delivered after a car crash in which she did not wear her seat belt, ruling that the law does not hold women criminally responsible in such cases.

If it did, a pregnant woman who ignored doctor's orders to stay in bed, took prescription or illegal drugs, shoveled snow or carried groceries could be charged with manslaughter if those acts resulted in premature birth and death of the child, Judge Eugene Pigott Jr. wrote for the court's 5-1 majority.


The ruling came in the case of ^ Jennifer Jorgensen, 35, who was eight months pregnant when she crashed head-on into another car in May 2008 on Whiskey Road in Ridge. The crash killed the occupants of the other car, Robert Kelly, 74, and his wife Mary, 70, of Ridge. Jorgensen's daughter, born as a result of an emergency cesarean section, died six days later.

Suffolk prosecutors charged her with second-degree manslaughter in all three deaths, arguing that she was impaired by prescription drugs and alcohol and recklessly caused the three deaths. Her first trial ended with a hung jury. A second jury in March 2012 acquitted her of the Kellys' deaths, finding there wasn't proof that she was impaired after hearing of unconventional handling of blood evidence in the case.

But that second jury convicted Jorgensen in her baby's death because she wasn't wearing a seat belt. She was sentenced to 3 - 9 years.

After the court granted Jorgensen's appeal and overturned her conviction, Robert Clifford, spokesman for the district attorney's office, said in a statement, "We agree with the court that the state legislature must clarify the extent of the criminal liability of a pregnant woman, as the court put it, 'for acts committed against a fetus' that is later born, and subsequently dies, as a result of injuries suffered before birth."

Pigott wrote that the law as written permits homicide charges only for a victim "who has been born and is alive." Because any reckless act by Jorgensen took place before her child was born, the law doesn't allow her to be charged, he wrote. He added that if she had not given consent for an emergency C-section and the fetus was stillborn, prosecutors never would have charged her.

Allowing Suffolk prosecutors' interpretation of the law "would create a perverse incentive for a pregnant woman to refuse a Caesarean section out of fear that if the baby is born alive she would face criminal charges," Pigott wrote.

Judge Eugene Fahey dissented from the majority decision. "There is no pregnant mother exception from criminal liability for reckless acts that result in the death of a mother's baby postpartum," he wrote.

Jorgensen has a federal civil rights suit pending against Suffolk police, prosecutors and forensic scientists, said her fight is not over.

Full story: http://www.newsday.com/long-island/suffo...1.10999277

[Blindgreed1]

This story is interesting legally and reminded me of the Dynel Lane case.


The state's highest court has thrown out the manslaughter conviction of a Sound Beach woman for the death of a baby she delivered after a car crash in which she did not wear her seat belt, ruling that the law does not hold women criminally responsible in such cases.

If it did, a pregnant woman who ignored doctor's orders to stay in bed, took prescription or illegal drugs, shoveled snow or carried groceries could be charged with manslaughter if those acts resulted in premature birth and death of the child, Judge Eugene Pigott Jr. wrote for the court's 5-1 majority.


The ruling came in the case of ^ Jennifer Jorgensen, 35, who was eight months pregnant when she crashed head-on into another car in May 2008 on Whiskey Road in Ridge. The crash killed the occupants of the other car, Robert Kelly, 74, and his wife Mary, 70, of Ridge. Jorgensen's daughter, born as a result of an emergency cesarean section, died six days later.

Suffolk prosecutors charged her with second-degree manslaughter in all three deaths, arguing that she was impaired by prescription drugs and alcohol and recklessly caused the three deaths. Her first trial ended with a hung jury. A second jury in March 2012 acquitted her of the Kellys' deaths, finding there wasn't proof that she was impaired after hearing of unconventional handling of blood evidence in the case.

But that second jury convicted Jorgensen in her baby's death because she wasn't wearing a seat belt. She was sentenced to 3 - 9 years.

After the court granted Jorgensens appeal and overturned her conviction, Robert Clifford, spokesman for the district attorney's office, said in a statement, "We agree with the court that the state legislature must clarify the extent of the criminal liability of a pregnant woman, as the court put it, 'for acts committed against a fetus' that is later born, and subsequently dies, as a result of injuries suffered before birth."

Pigott wrote that the law as written permits homicide charges only for a victim "who has been born and is alive." Because any reckless act by Jorgensen took place before her child was born, the law doesn't allow her to be charged, he wrote. He added that if she had not given consent for an emergency C-section and the fetus was stillborn, prosecutors never would have charged her.

Allowing Suffolk prosecutors' interpretation of the law "would create a perverse incentive for a pregnant woman to refuse a Caesarean section out of fear that if the baby is born alive she would face criminal charges," Pigott wrote.

Judge Eugene Fahey dissented from the majority decision. "There is no pregnant mother exception from criminal liability for reckless acts that result in the death of a mother's baby postpartum," he wrote.

Jorgensen has a federal civil rights suit pending against Suffolk police, prosecutors and forensic scientists, said her fight is not over.

Full story: http://www.newsday.com/long-island/suffo...1.10999277

"unconventional handling of blood evidence?" Morons jacked up the blood work.

[SIXFOOTERsez]

Wow, what a clusterfuck

[HairOfTheDog]

"unconventional handling of blood evidence?" Morons jacked up the blood work.

Wow, what a clusterfuck

I hadn't followed the first trial back in 2011 and just researched a little about the blood evidence, guys.


^ Jorgensen at 2011 trial

Jurors in the first case struggled to figure out from inconsistent scientific evidence if Jorgensen was impaired when she drifted into the lane and struck and killed the Kellys. I can understand why.

A small blood sample taken by doctors an hour after the crash at Stony Brook University Hospital initially tested negative for alcohol and positive for anti-anxiety Clonazepam.

Later, Suffolk forensic scientists added other blood to test it further and found a .06 percent blood-alcohol content, but Jorgensen and her lawyers said handling and testing of that sample was improper.

Jorgensen's newborn daughter (delivered by C-section after the crash) tested positive for alcohol in her urine. The baby also had small amounts of marijuana in her system, but Judge Condon ruled that inadmissible at trial (so the jury didn't hear about it).

After 40 hours of deliberation, the first jury hung. They were split 7/5. The jurors explained that since the blood test results were inconsistent and the officers didn't smell alcohol on her breath at the scene of the accident, several jurors had reasonable doubt that she was impaired.

At her retrial, the second jury acquitted her of manslaughter against the couple she killed, but found her guilty of it against the baby (which was just overturned on appeal).

Complicated.

Gunnar, based on your experience with blood work, would the inconsistency between the first and second blood test necessarily mean the blood was mishandled, or could it be that the first sample simply wasn't large enough to test? I don't have an opinion; don't know how that works.