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Politics : PRESIDENT GEORGE W. BUSH

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To: SecularBull who wrote (357794)2/11/2003 7:40:51 PM
From: Gordon A. Langston   of 769670
 
Capital Punishment for Killing a Fetus

South Carolina does it again. Its Supreme Court upheld the death sentence of a man who was convicted of killing his girlfriend and, because she was pregnant, also convicted of killing a fetus. "Now, the rights of unborn, viable children are firmly ensconced in South Carolina," said State Attorney General Charlie Condon.

The South Carolina Court upheld the death sentence of Joseph Ard for shooting his girlfriend, Madalyn Coffey, in 1993, when she was 8 1/2 months pregnant. The state Supreme Court in 1984 ruled that a fetus that was viable at the time of death is considered a "person" in murder cases. The prosecutor sought the death penalty under the state law that permits the death penalty for killing two or more people or killing a child 11 or younger.

Joseph Savitz, deputy chief attorney for the state Office of Appellate Defense, said the legislature had "not even thought about" the fetus issue when it amended the death penalty law in 1986. He said he fears that with the new ruling, "it will become politically popular for solicitors to seek the death penalty against women who have late-term abortions and anybody who aided and abetted." Attorney General Condon said such women wouldn’t be prosecuted.
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