Friday, October 10, 2003

Judge upholds infanticide?

A couple big bloggers (Kathryn Jean Lopez in this post at The Corner and Mark Shea on his blog here) have linked this article which begins this way:
    Is a crying baby alive? No, not necessarily, decided Cook County Circuit Court Judge Karen Thompson last November when she acquitted a mother previously convicted twice of murdering her newborn daughter.
The piece got my blood pressure up sufficiently to try to find out more about the case, and what I found doesn't really agree with what the article claims, at least by my reading. Here's the comment I made at Mark's blog:
    I'm not sure about this one, Mark. I followed K-Lo's link to the same article, and was sufficiently outraged by the it that I did some googling to find out more about this, and in the process, I found the opinion, here.

    Maybe the legalese confused me, but reading the opinion tells me that the circuit court judges believed that there was enough doubt about whether or not the infant was alive when born to say that the mother may not hve killed her. In other words, it may be that the baby died prior to or during birth, and that the prosecution failed in ruling that possibility out beyond a reasonable doubt.

    Maybe I'm wrong in my reading of the opinion, but if not, it seems that the charges against the judge are not deserved.

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