John on January 5, 2010 at 12:04 am
Since Charles feels free to keep the pressure on, I’m sure he won’t mind having the same thing done to him.
In case you missed it, on December 18th Charles claimed that local investigators, a state senator, local media, and the attorney general elect of Virginia misread Virginia law.
There were 4 or 5 stories about the case, all of which indicated the inability to charge a woman for murdering her newborn based on a loophole Virginia law. However, based on his own Googling Charles dismissed this idea and presented his own interpretation of Virgina law.
When someone provided the actual applicable law which had been the basis for the “loophole claim” Charles refused to correct himself. Here’s what the statute says:
Any person who unlawfully, willfully, deliberately, maliciously and with premeditation kills the fetus of another is guilty of a Class 2 felony.
Charles apparently was confused by this and wrote:
The statute he dug up specifically says “the fetus of another.” The woman in question is accused of killing her own newborn baby â€” not “the fetus of another.”
Yup, you’ve definitely put your finger on it there. In fact several articles specifically said that had the “fetus” been killed by “another” it would have been infanticide. It was precisely because it had been killed by the mother that the law was helpless to act. Hence…loophole.
I pointed out his obvious confustion, but rather than acknowledge his failure to understand the whole, tricky loophole concept, Charles simply let his attack post stand without correction. Indeed, three weeks later he’s banging on about a mistake that appeared at Big Government for five days, but hasn’t corrected his own mistake of 20 days.
Is it possible he’s still confused by this? Or does he really believe he has the right to demand others hold to a standard he fails to meet himself?
Addendum: Hadn’t seen this story before. It notes that “Campbell County Commonwealth’s Attorney Neil Vener has consulted with legislative services about language in the proposed bill.”
That’s the bill designed to close the loophole Charles can’t find in Virginia law. But hey, what does the county attorney know about the law anyway.
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