DENVER – A high-profile Longmont case in which a woman had her unborn baby cut from her womb has renewed conversations around personhood and fetal homicide.
The unimaginable incident occurred March 18 when suspect Dynel Lane allegedly attacked Michelle Wilkins, stabbing Wilkins and cutting out her fetus.
Boulder County District Attorney Stan Garnett said Friday that he would not charge Lane with murder, instead opting for unlawful termination of pregnancy, among other charges, including attempted murder. Wilkins survived the attack.
The Boulder County Coroner’s Office said an autopsy revealed that the 34-week fetus showed no signs of life outside the womb, which is why Garnett settled on the unlawful termination of pregnancy charge – a Class 3 felony – instead of murder.
Physicians say that a 34-week fetus has a strong chance of surviving if born under the right medical conditions. Babies are considered full-term at 37 weeks.
The horrific event has aligned all the pieces for lawmakers and observers to have a new conversation about fetal homicide. The last time lawmakers approached the issue was 2013 with legislation, spearheaded by Democrats, that passed the Legislature. But the law stopped short of adding a fetal murder charge.
Republicans and personhood proponents said at the time that the bill didn’t go far enough. Now, Senate Republicans – who control the chamber – are discussing late legislation for the remainder of the session that would address a “void in Colorado law.”
“This was a child. This child was murdered. That Coloradans have no way to hold the murderer responsible, or deliver justice for the victims, is a gap in Colorado’s justice system which can no longer be ignored,” Senate President Bill Cadman, R-Colorado Springs, said in a statement Friday.
Sen. Ellen Roberts, R-Durango, agreed it may be time to have a fresh conversation about taking some additional steps. She supported the 2013 law but always viewed it as a way to start the conversation.
“If the DA can’t prosecute for the death of the unborn child in this case, certainly it would seem there is a gap,” Roberts said.
Democrats defend the effort from two years ago. The law created a category of crime: unlawful termination of pregnancy in the first, second, third and fourth degrees; vehicular unlawful termination of pregnancy; aggravated vehicular unlawful termination of pregnancy; and careless driving resulting in unlawful termination of a pregnancy.
That bill was overshadowed by a debate about personhood, which seeks to define a fetus as a “person.” The Democratic-controlled Legislature killed the bill. Planned Parenthood of the Rocky Mountains raised concerns that the bill would lead to banning abortion.