"You cannot qualify war in harsher terms than I will. War is cruelty, and you cannot refine it; and those who brought war into our country deserve all the curses and maledictions a people can pour out." - William Tecumseh Sherman

Name: The General
Location: Sacramento, California, United States

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Friday, November 19, 2004
  It Only Counts If You Don't Abort It...
In light of Scott Peterson's recent double murder conviction (for killing his wife and their unborn fetus), I found the following story eerie in its logic. From the AP:
INDIO, Calif. - A teenager was convicted of attempted murder for shooting his pregnant girlfriend at the clinic where she went to get an abortion.

Jeffrey Cameron Fitzhenry, 17, was convicted Wednesday. The shooting April 29 left the 16-year-old girl a quadriplegic, and the fetus was declared dead three days afterward.

The victim, identified only as Sara S., testified Fitzhenry repeatedly threatened her, saying that she was "depriving him of his unborn child." When she entered the clinic, Fitzhenry followed her, argued with her, and shot her in the neck, she said.

Defense attorney Robert Dunn argued that only a lesser charge of attempted voluntary manslaughter should be considered. He said Fitzhenry shot the girl after a "continuous escalation" of anger and he did not plan to kill her.

The jury also found Fitzhenry guilty of assault with a deadly weapon and enhancements that make him subject to a sentence of life in prison. A sentencing hearing is set for Jan. 6.

Prosecutors did not seek a separate murder charge for the fetus because of the girl's decision to have an abortion, according to Robert Blythe, an attorney handling the girl's lawsuit against Fitzhenry.
Ok, let me see if I follow. Since the mother was going to murder the fetus anyways, it doesn't count when the father tries to murder her and succeeds in murdering the fetus. Does that mean that if you're going to kill someone, and I kill him before you do, that I'm not guilty of murder because you were going to do it anyways?
 
 POSTED BY THE GENERAL AT 1:37 AM


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