Unborn baby's murder boosts calls for fetal homicide bill in Colorado

A 7-month-old, unborn baby girl died earlier this week in Longmont, Colo., after she was brutally ripped from her mother’s womb by a woman who apparently wanted a child of her own. The case has boosted the cry for a fetal homicide law in the state and added to the debate about the humanity of the unborn.

The baby’s 26-year-old mother went to Dynel Catrece Lane’s home in response to a Craigslist ad for baby clothes. Lane, 34, is accused of attacking the woman—stabbing her and cutting the baby out of her womb.

Though Lane could face charges for attempted first degree murder, first degree assault, and child abuse resulting in death, she may not face a murder charge for the baby’s death.

Colorado is one of 12 states without laws that allow homicide charges in cases that lead to the violent death of an unborn child. And though some lawmakers have attempted to fill the legislative vacuum, the two most recent attempts have failed. The Democratic-controlled legislature killed a fetal homicide bill in 2013, and 65 percent of Colorado citizens voted against a personhood amendment last fall.

“Under Colorado law, essentially no murder charges can be brought if the child did not live outside of the mother,” said Stan Garnett, district attorney for Boulder County, during a press conference held to discuss the case.

In 2013, Colorado passed a bill that allows an extra fine if a criminal action against a pregnant woman results in her baby’s death. But the law explicitly states it doesn’t establish personhood for the unborn, precluding homicide charges.

Legislators passed the bill with Planned Parenthood’s backing after Heather Surovik and pro-life legislators worked to pass a fetal homicide amendment. Surovik’s unborn son Brady died after a drunk driver crashed into her vehicle, also in Longmont. The driver was only charged for damaging the vehicle.

Although passed in response to her case, Surovik thought the extra fine legislation was insufficient.

“Heather thought that was just another insult to her child,” said Colorado Right to Life (CRTL) spokesman Bob Enyart.

Thirty-eight states have adopted fetal homicide laws. Last year, a Florida man was sentenced to nearly 14 years in prison for tricking his girlfriend into taking an abortion pill that killed their unborn child.

Some abortion advocates in Colorado refuse to pass a fetal homicide bill because they fear it will criminalize abortion entirely. But Douglas Johnson, legislative director for the National Right to Life Committee, said fetal homicide laws passed in other states don’t inhibit legal abortions: “Some of them have been in existence for 30 years, and they haven’t had any impact on legal abortions.”

Under Colorado’s current laws, the homicide charges against Lane depend on where the infant died, whether she was alive outside the womb, and whether the fatal act occurred inside or outside the mother’s body.

Before taking her victim’s baby, Lane successfully duped her family into believing she was pregnant, according to court records. When her husband returned home from work early on Wednesday to accompany her to a prenatal appointment, he found Lane covered in blood and the baby in the bathtub. Lane told him she had suffered a miscarriage, and he took her and the baby to the hospital.

Meanwhile, the mother managed to call 911, and Lane was arrested at the hospital. Her husband hasn’t been charged.

Although fetal homicide legislation has failed in previous legislative sessions, CRTL plans to keep trying to get it passed. Colorado’s Republican-controlled House passed the bill last session, but it died in the Democratic-controlled Senate. Enyart didn’t know whether the bill would be reintroduced this session, but said CRTL would lobby to reintroduce it next session. Each time pro-life legislation comes up for a vote, it comes closer to passing, Enyart said.

In the meantime, Colorado can’t provide justice for unborn victims of violence.

“These are wanted children in Colorado, and [abortion advocates] still oppose justice for these wanted children,” Enyart said.

The Associated Press contributed to this report.