Umbilical cord creates a loophole; No charges for mom who suffocated baby

**Dakota Valkyrie** · December 16th, 2009, 12:28 PM

A loophole in state law is preventing Campbell County investigators from charging a woman they say killed her newborn baby.

Deputies were called to a home around 11:00a.m. Friday. The caller said a woman in her early 20s was in labor. When deputies arrived, they discovered the baby had actually been born around 1:00a.m., about ten hours earlier. Investigators say the baby was already dead when deputies got there.

Investigators tell WSLS the baby’s airway was still blocked. They say the baby was under bedding and had been suffocated by her mother. Investigators say because the mother and baby were still connected by the umbilical cord and placenta, state law does not consider the baby to be a separate life. Therefore, the mother cannot be charged.

“In the state of Virginia as long as the umbilical cord is attached and the placenta is still in the mother, if the baby comes out alive the mother can do whatever she wants to with that baby to kill it.“, says Investigator Tracy Emerson. “She could shoot the baby, stab the baby. As long as it’s still attached to her in some form by umbilical cord or something it’s no crime in the state of Virginia.“
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Emerson tells us there’s a double standard with the law. If someone other than the mother harms a baby still attached to the mother, that person can be charged.

The baby’s grandmother was home and was the one who called 911. Police say she will not be charged because the baby was born in the middle of the night and the grandmother did not know until late morning. Investigators tell us the baby’s father was upset when he showed up at the home after deputies.

“He was very upset. I think the grandparents were upset. I believe everyone was upset, except for the person who should have been upset, the mother.“, says Emerson.

Emerson tells us the woman knew she was pregnant and had received prenatal care. He says the baby was full-term, due Tuesday. The medical examiner says the baby was born healthy.
[...]

http://www2.wsls.com/sls/news/local/...oophole/68659/

**battery jackson** · December 16th, 2009, 01:05 PM

oh what an inefficient and purposeless 'justice' system

**moonlilly1981** · December 16th, 2009, 01:11 PM

I have no words. Thats just horrible.

**Obsolete** · December 16th, 2009, 01:15 PM

She left the baby dangling from her for 10 hrs? That sickens me to the core.

How is what she did any different than partial birth abortion?

**Dneilz** · December 16th, 2009, 01:22 PM

OMG... this is awful! They need to fix this law before other people use this remedy to get rid of their unwanted babies.... ugh

**cubby** · December 16th, 2009, 01:24 PM

And there he goes giving step by step instructions on how to properly kill your baby and get away with it. He should have just STFU!!!

Poor baby I will never understand women that do this, how can they not love their babies?

**Dakota Valkyrie** · December 16th, 2009, 01:30 PM

According to the article:

The Campbell County Sheriff’s Office and Commonwealth’s Attorney’s office worked unsuccessfully to get the law changed after another baby died in the county in a similar case. Emerson says they asked two delegates and one state senator to take the issue up in the General Assembly. He says the three lawmakers refused because they felt the issue was too close to the abortion issue.

I wonder if they could get her on charges related to late term DIY abortions? Does Virginia have any laws to cover that?

The placenta stayed intact for over 10 hours so the application of the law is pretty clear in this case. BUT if some future mom kills her newborn, all she will have to do is claim it was done before delivery of the placenta.

And then smirk.

**cubby** · December 16th, 2009, 03:01 PM

Babies live or otherwise don't pay taxes, and therefore don't support those bureaucratic bastards....

**KillerMuffin** · December 16th, 2009, 05:53 PM

And a childs life means nothing.

There's our justice system for ya, there isn't any justice.

People murdering, raping, and abusing babies daily...Merry Christmas!

**Silvahalo** · December 16th, 2009, 07:29 PM

Investigators tell WSLS the baby’s airway was still blocked. They say the baby was under bedding and had been suffocated by her mother. Investigators say because the mother and baby were still connected by the umbilical cord and placenta, state law does not consider the baby to be a separate life. Therefore, the mother cannot be charged.

Justice would have been death finding its way from baby up the umbilical cord, taking her life like a thief in the night. She's a thief after all. She took the liberty to decide the fate of baby girl's life...her ending being so cruel and cold. I won't even call it her's as embodying baby girl, growing her in her own body didn't mean a damn thing. I hope she is forever haunted by those muffled cries she no doubt heard as her baby struggled for life.

She'll be punished alright, the clock's ticking.

Remembered as Celeste Elena.

**Bay** · December 16th, 2009, 09:01 PM

Holy shit.

**MC30** · December 16th, 2009, 09:38 PM

i have no issue with abortion. i wish it was cheaper than it is and more women had access. i do have a major issue with some bitch smothering their newborn and getting away with it. fuck her.

**Whisper** · December 16th, 2009, 10:00 PM

Originally Posted by Dakota Valkyrie

http://www2.wsls.com/sls/news/local/...oophole/68659/

Did they know she was pregnant??I may have missed it

**ImmortalOne** · December 17th, 2009, 12:52 AM

She knew she was pregnant. She got prenatal care.

WTF?! Was this a last minute revenge on the father or a last minute change in her own mind? *sigh* Poor baby girl.

**Whisper** · December 17th, 2009, 02:35 AM

I know she knew she was pregnant,I was asking if her family knew and if so then why hide the birth and go through it alone

**TDH** · December 17th, 2009, 04:22 AM

Originally Posted by whisperswing

I know she knew she was pregnant,I was asking if her family knew and if so then why hide the birth and go through it alone

why?? becuz she wanted to kill the baby. cuz shes a fuking heartless waste of skin....

that law baffles the shit out of me.....a baby is still a human thats been birthed into this world regardless if they are still attached to a fuking umbilical cord thats inside a mother..omg.....

**KillerMuffin** · December 17th, 2009, 12:06 PM

A living breathing tiny helpless being murdered by a monster bitch that just happened to have the female plumbing to give birth. Another child suffers, and because that whore is still connected to the tiny infant she murders they can't even acknowledge this child had a life. We've seen this all before, and how often do they walk away from it. I'm disgusted and I hope that pig dies a slow painful death.

**Dakota Valkyrie** · April 23rd, 2010, 08:47 AM

The state law loophole that investigators say allowed a Campbell County mother to get away with murdering her newborn is now closed. The mother could not be charged because the baby was still attached by the umbilical cord and placenta.

Governor Bob McDonnell added an emergency clause to the legislation. The clause allows the law to take effect immediately, instead of on July 1. Since the governor himself added the clause, the bill did not require his signature and became law as soon as it was passed by the General Assembly Wednesday.
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The law cannot be applied retroactively. That means the mother in the Campbell County case still cannot be charged.

http://www2.wsls.com/sls/news/local/..._closed/95360/