Crazy Woman Tries To Kill Baby

[gumboot]

I have a question for the Americans on these forums. Today I came across the following article:

US Wife Tries To Rid Mistress Of Child

The guts of the story is:

NEW YORK - A New York City woman faces charges that she tricked her husband's pregnant mistress into taking a drug that would cause an abortion.

Police say Kisha Jones of Brooklyn used a doctor's prescription pad to order the medication, then phoned the victim pretending to be from her obstetrician's office and told her to pick up the drug at the pharmacy and take it.

The woman fell for the trick, took the drug and went into labour, authorities said.

The baby was born two months early, but survived.

Jones then tried again, according to prosecutors.

They say that, posing as the baby's mother, she sent a man to the hospital with two bottles of tainted liquid, saying it was breast milk, and instructed nurses to feed it to the baby.

Hospital staff grew suspicious and called police.

Jones, 31, was arraigned Saturday on charges including forgery, possession of stolen property, assault and unlicensed abortion.

Now, can someone explain why she isn't being charged with attempted murder or at least conspiracy to commit murder (she got someone else to actually deliver the milk apparently).

Trying to kill an unborn child, okay calling that an illegal abortion is debatable. Some might call it murder. But trying to kill the baby after it is born? How can that be anything other than attempted murder?

 

[AWPrime]

But trying to kill the baby after it is born? How can that be anything other than attempted murder?

I have to agree with you.

But maybe they are trying to make a separate case out of that.

 

[gtc]

I think these are known as holding charges.

They have enough evidence to charge her with attempting to abort the child and enough evidence that she sent through the tainted liquid. They can hold her on those charges while they try to build the case that it was attempted murder.

 

[gumboot]

I think these are known as holding charges.

They have enough evidence to charge her with attempting to abort the child and enough evidence that she sent through the tainted liquid. They can hold her on those charges while they try to build the case that it was attempted murder.

Ah, of course. Police do that all the time here. I shall await further developments...

 

[Arus808]

How far along was she in her pregnancy?

Reason she wouldn't be charged with attempted murder because the law doesn't recognize a fetus as a living, breathing, being.

If the baby was close to being born (say in its 9th month), then a case could be made (the child would have been born to try to save its life).

 

[JoeyDonuts]

This reminds me a little of the Dena Schlosser case.

Warning: worst of humanity showcased there.

 

[gumboot]

How far along was she in her pregnancy?

Reason she wouldn't be charged with attempted murder because the law doesn't recognize a fetus as a living, breathing, being.

If the baby was close to being born (say in its 9th month), then a case could be made (the child would have been born to try to save its life).

The second attempt was made after the child was born.

 

[Sir Robin Goodfellow]

I've always wondered why some people are charged with aggravated assault after they stab someone instead of attempted murder. This case reminds me of that.

 

[Darat]

I've always wondered why some people are charged with aggravated assault after they stab someone instead of attempted murder. This case reminds me of that.

That is usually because the prosecution doesn't believe that they can prove an intent to murder.

 

[Sir Robin Goodfellow]

I just saw a story where the guy shot a bus driver in the head and he was convicted of aggravated assault. How could that be anything but attempted murder? On the other hand, that was the jury's decision, not the prosecution's.

The law is very absurd at times.

 

[Darat]

I just saw a story where the guy shot a bus driver in the head and he was convicted of aggravated assault. How could that be anything but attempted murder? On the other hand, that was the jury's decision, not the prosecution's.

The law is very absurd at times.

Sounds like a case in which the prosecution could not show that the criminal's intent had been to murder someone. Any further details?

 

[Rogue1stclass]

I've always wondered why some people are charged with aggravated assault after they stab someone instead of attempted murder. This case reminds me of that.

Not every state has an "attempted murder" charge.

And aggrivated probably doesn't mean what you think it does. It generally means that a weapon was used.

 

[autumn1971]

The article also says "charges including," followed by the list. It may have been a case of an editor saving column inches and deciding that "unlisenced abortion" was more interesting to keep in the article than attempted murder, but I think that gtc probably nailed it.

 

[Bikewer]

Prosecutors decide on charges on a wide variety of factors, not the least of which is what they think they can win...
In the case of the hypothetical stabbing above; in order to sustain "attempted murder" one would have to prove state of mind and intent.
Aggravated assault (using a weapon) is pretty much de facto....

Often, if there's some doubt, the case will be turned over to the grand jury.

 

[Sir Robin Goodfellow]

Sounds like a case in which the prosecution could not show that the criminal's intent had been to murder someone. Any further details?

I can't find it now, but the accused went onto a bus to attack a passenger and shot the driver to prevent him from calling police.

 

[KingMerv00]

How far along was she in her pregnancy?

The baby was born two months early, but survived.

7 months I guess.

 

[KingMerv00]

Reason she wouldn't be charged with attempted murder because the law doesn't recognize a fetus as a living, breathing, being.

The rules vary by state. According to the right to life people New York has conflicting statutes (way to go legislature):

Under New York statutory law, the killing of an "unborn child" after twenty-four weeks of pregnancy is homicide. N.Y. Pen. Law § 125.00 (McKinney 1998). But under a separate statutory provision, a "person" that is the victim of a homicide is statutorily defined as a "human being who has been born and is alive." N.Y. Pen. Law § 125.05 (McKinney 1998). See People v. Joseph, 130 Misc. 2d 377, 496 N.Y.S.2d 328 (County Court 1985); In re Gloria C., 124 Misc.2d 313, 476 N.Y.S.2d 991 (N.Y. Fam. Ct. 1984); People v. Vercelletto, 514 N.Y.S.2d 177 (Co. Ct. 1987).

In any event she tried to kill the child after birth too so it may be a moot point.

 

[Travis]

Was this woman apprenticing as a Disney Supervillain or something?

 

[KingMerv00]

Was this woman apprenticing as a Disney Supervillain or something?

Assault with a deadly spinning wheel.

 

[casebro]

Aggravated animation, perhaps?