2019 State of the Union (1 Viewer)

mt15

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The whole thing about this is that I get left with the nagging feeling that his killing his girlfriend is being overlooked just a bit to stoke the outrage about the fetus.

And that website is the right version of the Daily Kos, it’s whole reason for existing is to stoke outrage from the right. So read it if you want, but just realize they are all about manipulating your emotions.
 

Goatman Saint

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I said didn’t matter in a legal sense. The murder charge this guy will be found guilty of is enough. I don’t know or care to spend the time to find out if New York is one of the states that has an added set of circumstances if the victim of murder is pregnant. Now how people approach dealing with him is another sense.
 

DavidM

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The Blaze is a sensationalist site but if there is a gap in the law which prevents prosecutors from charging for the unauthorized abortion, that is something New York should revisit. What if she didn't die, but her fetus was aborted without her consent? That needs to be prosecutable beyond, say, an aggravated battery count.

Again, though, assuming there is an actual problem in the state's criminal code now.
 

farfromsilent

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The whole thing about this is that I get left with the nagging feeling that his killing his girlfriend is being overlooked just a bit to stoke the outrage about the fetus.

And that website is the right version of the Daily Kos, it’s whole reason for existing is to stoke outrage from the right. So read it if you want, but just realize they are all about manipulating your emotions.
Well the New York Post is also reporting on it. So there you go. It’s not just the Blaze.

https://www.google.com/amp/s/nypost.com/2019/02/08/accused-murderer-spared-abortion-charge-after-cuomos-new-law/amp/
 

FullMonte

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Well...is it accurate, though?

According to this article:
Her boyfriend, 48-year-old Anthony Hobson has been arrested and charged with murder, tampering with evidence, abortion, and criminal possession of a weapon in connection with the crime.
http://www.fox5ny.com/news/boyfriend-arrested-in-brutal-murder-of-pregnant-nyc-woman

I'm not sure how the law would have protected him. Section 2599-AAA states: "A health care practitioner licensed, certified, or authorzed under title eight of the education law, acting within his or her lawful scope of practice, may perform an abortion when...."

This man ws not a health care practitioner acting within his lawful scope of practice.
 

DavidM

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Goatman Saint

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The Blaze is a sensationalist site but if there is a gap in the law which prevents prosecutors from charging for the unauthorized abortion, that is something New York should revisit. What if she didn't die, but her fetus was aborted without her consent? That needs to be prosecutable beyond, say, an aggravated battery count.

Again, though, assuming there is an actual problem in the state's criminal code now.
This is actually the one concern I saw with this law is that the added dimension of causing a woman to miscarry due to physical abuse is lacking. From what I could see the representatives in New York realized that once it was passed and it seems like that gap will be revisited.

As far as criminal filings and how they are done, and what portions of New York law can be used to charge I have no idea. However, this is a straight up murder with a deadly weapon. He’s serving significant time and at already being 49, I’m guessing will die in prison.
 

mt15

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It also could be true that the local prosecutors are misreading the law and dropped the charge needlessly. From what was posted above, it sure seems like the charge should stand.

And yeah, the Post is also known to be sensational, as David said.
 

DavidM

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As far as criminal filings and how they are done, and what portions of New York law can be used to charge I have no idea. However, this is a straight up murder with a deadly weapon. He’s serving significant time and at already being 49, I’m guessing will die in prison.
Right, in this case. But it does raise concerns about other potential scenarios. It doesn't seem like it should be problematic to create legislation that defines the crime of a nonconsensual abortion. That clearly still falls within the principle of a woman's choice.
 

DavidM

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It also could be true that the local prosecutors are misreading the law and dropped the charge needlessly. From what was posted above, it sure seems like the charge should stand.
Possibly.

It does seem startling that New York wouldn't have criminal legislation in place to prosecute this particular offense, but oversights do happen in the legislative process. Making lawful access to abortion of course doesn't mean granting anybody else the leeway to kill or harm a woman's fetus against her will. If this is actually the case, I doubt anybody is satisfied with those circumstances and it will be addressed..
 

mt15

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Well the New York Post is also reporting on it. So there you go. It’s not just the Blaze.

https://www.google.com/amp/s/nypost.com/2019/02/08/accused-murderer-spared-abortion-charge-after-cuomos-new-law/amp/
To be fair, I don’t think the Blaze just cooks up outright falsehoods, and I don’t think the Daily Kos does either. What they both do is carefully frame their stories and use language meant to fan the fire of their particular partisan audience. Their sins are likely those of omission.

Caveat, in that I don’t really read either of these sites, so I could be wrong.
 

Goatman Saint

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To be fair, I don’t think the Blaze just cooks up outright falsehoods, and I don’t think the Daily Kos does either. What they both do is carefully frame their stories and use language meant to fan the fire of their particular partisan audience. Their sins are likely those of omission.

Caveat, in that I don’t really read either of these sites, so I could be wrong.
I’ve looked at them enough to see a pattern. They take a piece of a situation, then use a lot of emotional vocabulary to provoke a response. It’s like this one right here. Here is a vicious murder with a weapon in public. From reading a couple articles about the murder, there is no way this guy doesn’t go away for a very long time. And, yes it is true that the new law which was passed left this gap in the law. However, the Blaze takes that one piece of this murder, about how because of this law they can’t charge him with a second murder, throws in the emotional trigger words to stir up issues. Facts are it’s a murder than won’t be pled down. Way to easy of a case. Justice will be served no matter if that second charge was on there or not.
 

farfromsilent

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I’ve looked at them enough to see a pattern. They take a piece of a situation, then use a lot of emotional vocabulary to provoke a response. It’s like this one right here. Here is a vicious murder with a weapon in public. From reading a couple articles about the murder, there is no way this guy doesn’t go away for a very long time. And, yes it is true that the new law which was passed left this gap in the law. However, the Blaze takes that one piece of this murder, about how because of this law they can’t charge him with a second murder, throws in the emotional trigger words to stir up issues. Facts are it’s a murder than won’t be pled down. Way to easy of a case. Justice will be served no matter if that second charge was on there or not.
So I'll ask you this same question.
Let’s look at a different situation. Someone who has killed multiple people. Even if they have solid evidence on all of his killings, are you saying we shouldn’t care about charging him with multiple murders because he will get life in prison for one?
 

SystemShock

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You realize that the two murder thing is simply a show right? He is facing a straight up murder charge of a pregnant female. You really think adding another charge for killing her fetus is going to make any difference in the end? His life is going to be spent in a cell, and the guys in prison will know he’s the guy who stabbed and killed a pregnant girlfriend. In the end one count or two will make zero difference.
It'd make a difference in sentencing and in possible parole hearings down the line.
 

dtc

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I’ve looked at them enough to see a pattern. They take a piece of a situation, then use a lot of emotional vocabulary to provoke a response. It’s like this one right here. Here is a vicious murder with a weapon in public. From reading a couple articles about the murder, there is no way this guy doesn’t go away for a very long time. And, yes it is true that the new law which was passed left this gap in the law. However, the Blaze takes that one piece of this murder, about how because of this law they can’t charge him with a second murder, throws in the emotional trigger words to stir up issues. Facts are it’s a murder than won’t be pled down. Way to easy of a case. Justice will be served no matter if that second charge was on there or not.
There may be a gap in that law, but that doesn't mean that there aren't 500 or so other laws he can be charged with. It's all just crud to rile up those who want to be riled up.

As if the state of NY doesn't have a law against the practice of medicine without a license, or unauthorized abortion or any of the other hundreds of things he did.
 

farfromsilent

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And for everybody calling me out on the source, it's kind of hard to link a source that this board will find acceptable when the only outlets I've seen even reporting it is The Blaze, NYP, and Fox News. All of which would get slammed on here, but at least they are reporting the story and not ignoring it. I just checked on CNN and MSNBC...no mention that I could find.
 

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