[thefactor]

If someone can find the link to the whole article, it would be appreciated. It's page 9 of the paper. The title of the article is, "Mad Doc's Jihad Biz Card."

Thanks again for indulging me.

[thefactor]

sorry, in my quote from the paper, “weighted = weighed.”

[OldDeckHand]

Here's the practical problem with charging for the 14th murder - it complicates an already complicated capital case. While there have been many prosecutions in state courts with respect to baby-in-the-womb (I hate the word fetus) murders, I don't believe this kind of prosecution has been made in federal court, and I know it's never been made in a military court.

What the prosecution is going to want to do here, is to limit their exposure on appeal. Such an issue as contentious as this one, is likely to be rife with possible appellate implications. So, in the interest of expediency - and faster resolution for the victims and their families - they'll probably stay away from this 14th count, IMHO.

[ravingnutter]

More details:

The Uniform Code of Military Justice was modified when President Bush signed the Unborn Victims of Violence Act in 2004. Article 119a of the Uniform Code of Military Justice, makes it a crime for anyone "to cause the death...of a child, who is in utero at the time the conduct takes place" regardless of whether the killer intended to kill the child. If the killer intended to kill the child, he can be prosecuted for murder under Article 118.

The law applies in this case for three reasons:

1) the act of violence was committed on federal property

2) the shooting was allegedly done by a member of the military

3) the violence could be classified as an act of terrorism.

Also, under Texas law that took effect in September 2003, the protections of the entire criminal code extend to “an unborn child at every stage of gestation from fertilization until birth.”

Source:

Life News