Alabama Court Awards Fetus the Right to Sue

[GMDino]

I'll just leave this here:

https://www.cbs42.com/news/local/alabama-inmate-says-she-got-pregnant-while-in-custody/2002657689

Quote:COOSA COUNTY, Ala (WIAT) -- An Alabama inmate say she is about to give birth to a child this month and her lawyer believes she was raped while in custody and is calling for a full investigation.



Latoni Daniel was arrested and charged with capital murder in 2017 stemming from a deadly robbery in Coosa County.


Daniel has been in custody for 17 months, but her attorney told CBS 42 that she is 8 months pregnant. She reported it to her lawyer in 2018 when she learned she was carrying a child.


She had been in Coosa County until she was moved after it was discovered she was pregnant. Daniel has since been moved to another county jail.


"I don't cry that much but I cried after I heard that because that is my sister and no woman needs to go through the stuff that she had to go through and bear a child this way." said Terrell Ransaw, the woman's sister.


Ransaw talked with his sister who said she had no recollection of a sexual encounter. He believes she was assaulted by someone in the Coosa County facility.


According to Ransaw, his sister takes medications for seizures.


"It had to happen at night when she was unconcious after she took her medicine, because that's when they gave her her medicine at night," said Ransaw.


Daniel has since been moved from the Coosa County jail. Sheriff Michael Howell told CBS 42 he had no comment when we called for details on the investigation.


According to Daniel's lawyer, Mickey McDermott, he said he has received no response from officials.


"She hasn't even gotten so much as an investigator sitting down with her saying, tell us what you know and we will investigate it," said McDermott.


McDermott said Daniel is concerned about the health of the child and hopes she will be moved to a hospital for birth.


He said Daniel should not be able to have sex while in custody.


"By Alabama law, she cannot consent to having sex and legally she cannot have sex and nobody can have sex with her," said McDermott.


According to court documents, Daniel was accused of driving a getaway vehicle for suspect Ladaniel Tuck, who was also charged with capital murder in the deadly robbery of 87-year-old Thomas Chandler.


In an incident report filed through the online state court system, investigators wrote that 'Daniel participated in the robbery and shooting as the driver of vehicle. During the robbery currency was stolen from Chandler. Daniel admitted to receiving proceeds from the robbery.'


Daniel has not been convicted. Family members say no matter the allegation, they expected she would be protected in custody while she waits to learn the outcome of her case.


Her brother wants answers.


"If I am locked up, that means you're supposed to make sure that I am good at all times, stuff like this should not happen," said Ransaw.


For now, Ransaw is preparing to care for his future nephew while he waits to learn what happened. His family considers the unexpected child a blessing.


"We happy for my little nephew, he is going to be spoiled, he is going to be taken care of, he is going to be loved," said Ransaw.



The Coosa County Administrator's Office had no comment and deferred questions to the Coosa County Attorney, but no one responded to our request for information.

[GMDino]

https://www.al.com/news/birmingham/2019/06/woman-indicted-in-shooting-death-of-her-unborn-child-charges-against-shooter-dismissed.html

Quote:A woman whose unborn baby was killed in a 2018 Pleasant Grove shooting has now been indicted in the death.

Marshae Jones, a 27-year-old Birmingham woman, was indicted by a Jefferson County grand jury on a manslaughter charge. She was taken into custody on Wednesday.


Though Jones didn’t fire the shots that killed her unborn baby girl, authorities say she initiated the dispute that led to the gunfire. Police initially charged 23-year-old Ebony Jemison with manslaughter, but the charge against Jemison was dismissed after the grand jury failed to indict her.

[/url]
'It’s not fair’: Marshae Jones faces 20 years in prison in unborn child’s shooting death


The indictment against Jones says she “intentionally caused the death of .... unborn baby Jones by initiating a fight knowing she was five months pregnant."


The shooting happened about noon on Dec. 4, 2018, outside Dollar General on Park Road. Officers were dispatched to the scene on a report of someone shot but arrived to find the shooting victim – later identified as Jones - had been picked up and driven to Fairfield. Police and paramedics then found the Jones at a Fairfield convenience store.


Jones was taken from Fairfield to UAB Hospital. She was five months pregnant and was shot in the stomach. The unborn baby did not survive the shooting.


“The investigation showed that the only true victim in this was the unborn baby,’’ Pleasant Grove police Lt. Danny Reid said at the time of the shooting. “It was the mother of the child who initiated and continued the fight which resulted in the death of her own unborn baby.”

Woman charged in Pleasant Grove shooting that killed unborn baby girl
Police said the fight stemmed over the unborn baby’s father.


[url=https://www.al.com/news/birmingham/2018/12/woman-charged-in-pleasant-grove-shooting-that-killed-unborn-baby-girl.html]Reid said the fight stemmed over the unborn baby’s father. The investigation showed, he said, that it was Jones who initiated and pressed the fight, which ultimately caused Jemison to defend herself and unfortunately caused the death of the baby.


"Let’s not lose sight that the unborn baby is the victim here,’’ Reid said. “She had no choice in being brought unnecessarily into a fight where she was relying on her mother for protection."

The 5-month fetus was "dependent on its mother to try to keep it from harm, and she shouldn’t seek out unnecessary physical altercations,” Reid added.


Jones will be transferred to the Jefferson County Jail where she will be held on $50,000 bond.


The indictment and prosecution is being handled by the Jefferson County Bessemer Cutoff District Attorney’s Office. Lynneice Washington, the district attorney in that office, could not be reached for comment. Jefferson County is divided into two divisions and the Bessemer Cutoff covers the western portion of the county, including Pleasant Grove.


News of Jones’ grand jury indictment outraged many, including women’s rights activists.


The Yellowhammer Fund, a member of the National Network of Abortion Funds which helps women access 
abortion services, released a statement Wednesday night. The group gained national attention after the passage of Alabama’s new abortion law.


“The state of Alabama has proven yet again that the moment a person becomes pregnant their sole responsibility is to produce a live, healthy baby and that it considers any action a pregnant person takes that might impede in that live birth to be a criminal act,’’ Executive Director Amanda Reyes said in the statement.“

“Today, Marshae Jones is being charged with manslaughter for being pregnant and getting shot while engaging in an altercation with a person who had a gun. Tomorrow, it will be another black woman, maybe for having a drink while pregnant. And after that, another, for not obtaining adequate prenatal care,” Reyes said.


“We commit ourselves to making sure that Marshae is released from jail on bond, assisting with her legal representation, and working to ensure that she gets justice for the multiple attacks that she has endured,’’ Reyes said.

WTSF?

[*bfine32*]

Now this is a twist:
https://www.yahoo.com/entertainment/alabama-pregnant-woman-shot-stomach-164642579.html

Quote:In a case that has horrified reproductive rights advocates across the country, Marshae Jones, a 27-year-old pregnant Alabama woman, has been indicted for the death of her fetus after being shot in the stomach during a fight. She is being charged with manslaughter for the fetus’s death, and was being held on $50,000 bond as of Wednesday night.

[Belsnickel]

(07-01-2019, 04:34 PM)bfine32 Wrote: Now this is a twist:
https://www.yahoo.com/entertainment/alabama-pregnant-woman-shot-stomach-164642579.html

That's what the post above your post is about.

[GMDino]

(07-01-2019, 05:00 PM)Belsnickel Wrote: That's what the post above your post is about.

It's like a double twist! 

[*bfine32*]

(07-01-2019, 05:00 PM)Belsnickel Wrote: That's what the post above your post is about.

At least mine got a reply.

OK, confession time: I may not read the page long cut and pastes. Plus I was in time out. 

[Belsnickel]

(07-01-2019, 05:09 PM)bfine32 Wrote: At least mine got a reply.

OK, confession time: I may not read the page long cut and pastes. Plus I was in time out. 

I figured (mostly because I rarely read them, as well).

I hadn't said anything about it because I just don't know what to say about it. I'm dumbfounded by the decision with this case.

[GMDino]

(07-01-2019, 05:09 PM)bfine32 Wrote: At least mine got a reply.

OK, confession time: I may not read the page long cut and pastes. Plus I was in time out. 

Easier to have the whole story in front of people IMHO.  Sometimes people will comment without every clicking the link to read the article.

(07-01-2019, 05:16 PM)Belsnickel Wrote: I figured (mostly because I rarely read them, as well).

I hadn't said anything about it because I just don't know what to say about it. I'm dumbfounded by the decision with this case.

It's Alabama.  

[*bfine32*]

(07-01-2019, 05:16 PM)Belsnickel Wrote: I figured (mostly because I rarely read them, as well).

I hadn't said anything about it because I just don't know what to say about it. I'm dumbfounded by the decision with this case.

This sorta falls into the "no clause for rape" ridiculous for me. Especially being as the person that actually killed the fetus had charges dropped. To me it equivalent to if you are recovering from a broken neck and I punch you in the head. I'm I reponsible if you die?

[Belsnickel]

(07-01-2019, 05:22 PM)bfine32 Wrote: This sorta falls into the "no clause for rape" ridiculous for me. Especially being as the person that actually killed the fetus had charges dropped. To me it equivalent to if you are recovering from a broken neck and I punch you in the head. I'm I reponsible if you die?

The argument they have is that Jones instigated the confrontation and the shooter was shooting in self-defense. My problem with that is the shooter, according to accounts I have read, was firing a warning shot that ricocheted and no other weapons were present. I feel like that was an unnecessary escalation of force and a negligent use of a firearm (just from my training as a CHP holder, that warning shots are a dangerous practice and should never be taken). If you are at the point to discharge your weapon in self-defense, then you aren't firing a warning shot.

[*bfine32*]

(07-01-2019, 05:28 PM)Belsnickel Wrote: The argument they have is that Jones instigated the confrontation and the shooter was shooting in self-defense. My problem with that is the shooter, according to accounts I have read, was firing a warning shot that ricocheted and no other weapons were present. I feel like that was an unnecessary escalation of force and a negligent use of a firearm (just from my training as a CHP holder, that warning shots are a dangerous practice and should never be taken). If you are at the point to discharge your weapon in self-defense, then you aren't firing a warning shot.

I'm with you on this. If you pull the trigger you are responsible for anyone killed by the bullet.

I'm not saying the shooter should be charged, but the "warning shot" excuse should be dismissed. If it was/is determined the shooting was warranted then so be it, but "I was firing a warning shot" should never be an excuse. 

[GMDino]

I don't want to start ANOTHER abortion thread so I'll place these words of wisdom here:

https://www.usatoday.com/story/news/politics/2019/08/14/steve-king-abortion-rape-incest-westside-conservative-iowa-representative-birth-iowa-civilization/2009523001/

Quote:U.S. Rep. Steve King: If not for rape and incest, 'would there be any population left?'

Rep. Steve King told an Iowa crowd Wednesday that humanity might not exist if not for rape and incest throughout human history.



"What if we went back through all the family trees and just pulled out anyone who was a product of rape or incest? Would there be any population of the world left if we did that?" he said at the Westside Conservative Club in Urbandale, Iowa.

"Considering all the wars and all the rapes and pillages that happened throughout all these different nations, I know that I can't say that I was not a part of a product of that."


The Republican was discussing his defense of not allowing exceptions for rape and incest in the anti-abortion legislation he tried to pass in Congress. Republican leadership had prevented bills he sponsored on banning abortions from advancing through the House, despite GOP support for the measures, King said.


Just because a conception happened in bad circumstances doesn't mean the result isn't a person, King, who is Catholic, argued.


"It's not the baby's fault for the sin of the father, or of the mother," he said.

[GMDino]

Old Steve should be better at defending his usually indefensible statements than this...

https://www.desmoinesregister.com/story/news/politics/2019/08/16/steve-king-rape-incest-abortion-exception-iowa-4th-district-controversy-jd-scholten-randy-feenstra/2029113001/

Quote:U.S. Rep. Steve King takes to Twitter to respond to Republican, Democratic criticism over his rape, incest comments



U.S. Rep. Steve King posted a series of tweets Thursday night condemning critics and news organizations after he asked whether humanity would exist if not for rape and incest while defending not allowing any exemptions in a proposed abortion ban.


The Kiron Republican replied on Twitter to a number of presidential candidates who criticized his stance on abortion, as well as to challengers for the 4th District seat, Republican state Sen. Randy Feenstra and Democrat J.D. Scholten. 


Feenstra had previously said he was "100% pro-life," but called King's comments "bizarre" and damaging to the anti-abortion movement. King replied that Feenstra, from Hull, "favors exceptions for rape and incest," which means he is not fully committed to anti-abortion legislation.

Feenstra did not say in his Twitter reply whether he supported exemptions for abortion bans. But said that Iowa conservatives as well as President Donald Trump "agree that your comments hurt our cause."

Quote:
[/url]Randy Feenstra

@RandyFeenstra




Congressman, with all due respect, I am proud of my long record of actually passing pro-life legislation that has saved lives. Talk is cheap. Conservatives in Iowa and across America including @realdonaldtrump agree that your comments hurt our cause. #IA04 https://twitter.com/SteveKingIA/status/1162195238884139010 …
Steve King

@SteveKingIA

.@RandyFeenstra you claim to be 100% Pro-life yet attack the leading Pro-Life Member of the US House of Representatives for MY support of ALL innocents from the moment of conception. You are, in your words, “bizarre.” You favor exceptions for rape and incest. That’s not 100%.


104
11:11 PM - Aug 15, 2019
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President Donald Trump said he did not know about King's comments, but that it "wasn't a very good statement." 


"I don't know the situation with Steve King," Trump said Thursday, according to a CNN reporter. "It looked like — I read a statement that supposedly he made. I haven't been briefed on it. But certainly it wasn't a very good statement."

Scholten, a Democrat who’s making a second bid to win King’s seat, said in a statement that King is again putting “his selfish, hateful ideology above” the Iowans in the district.

“Excusing violence — in any way — is entirely unacceptable,” Scholten said in the statement. King responded that Scholten's pro-abortion stance is more hateful than anti-abortion legislation, calling the Democrat "the part of infanticide." 


King did not respond to requests for a comment by the Des Moines Register.

More: Steve King stunned by constituent's story about rape and incest, says it requires consideration
More: Even as some cringe about comments, Rep. Steve King's support may endure


He also wrote tweets about four Democratic presidential candidates: former Vice President Joe Biden, U.S. Sens. Cory Booker and Kirsten Gililbrand, and former Housing and Urban Development Secretary Julián Castro, all of whom called for King to resign. 

King criticized Castro, asking, "you declare that men can get pregnant and then you promote federal funding to abort men's babies?" on Twitter.

Quote:
Steve King

@SteveKingIA




Hey @JulianCastro You think it’s NOT embarrassing when you declare that men can get pregnant and then you promote federal funding to abort men’s babies? Genius! A Democrat proposal that will have a CBO score of ZERO! And a bizarre score of 100!!

1,192
11:35 PM - Aug 15, 2019
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In the June, Democratic presidential debates hosted by MSNBC, Castro had said "let's also not forget someone in the trans community," referring to men and gender non-conforming people who are still biologically capable of becoming pregnant, when talking about his commitment to preserving access to abortions.

He also said the Des Moines Register and Associated Press for misquoted him, saying "#FakeNews strikes again."

Quote:
Steve King

@SteveKingIA




#FakeNews strikes again. The Des Moines Register misquoted me. Their misquote was picked up by the AP & others. The DMR & AP did correct the misquote. Here’s the clip that proves my point. The New York Times did the same thing to me but there was no tape. https://pgj.cc/BKzZQO 
 YouTube ‎@YouTube




153
11:23 PM - Aug 15, 2019
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[url=https://twitter.com/SteveKingIA/status/1162203262503624705]
The correction addressed language in the quote on his time trying to pass an abortion ban in the U.S. House of Representatives without exceptions for rape and incest. King's quote asking  "Would there be any population of the world left if we did that?" if people who were products of rape and incest were not born remained unchanged.