Boulder County District Attorney Stan Garnett will have to decide how long — or if — a baby girl lived after she violently was cut out of her mother’s womb Wednesday.
The issue is one Garnett has grappled with before, and the answer will determine whether the district attorney can file murder charges against Dynel Catrece Lane, 34, who is accused of cutting the 7-month-old fetus out of Michelle Wilkins’ stomach.
On Thursday, Garnett said it was unclear how long the baby would have to live outside of the womb to be considered a child.
“It’s not a defined time,” Garnett said at a news conference.
There is no law in Colorado that establishes how long a baby has to live independently of its mother to be considered a child. Previous efforts to create harsher punishments when someone causes the death of a fetus have failed.
During the past five years, at least three fetal homicide bills were introduced and later died in the legislature.
A bill was , after 27-year-old Laura Gorham, walking in her Stapleton neighborhood, was struck by a hit-and-run driver. Gorham was 34 weeks pregnant when she was hit. Doctors delivered Gorham’s son, but the infant died.
Two bills were the following year, after Heather Surovik was injured badly when a drunk driver slammed into her car near Longmont. The wreck , Brady.
In that case, Garnett said he charge because Brady died before birth.
Jordan Steffen: 303-954-1794, jsteffen@denverpost.com or twitter.com/jsteffendp
