Outrageous NH ruling regarding fetal homicide

April 13, 2009

On February 18, 2006 in Hooksett, New Hampshire, Joshua Lamy, driving drunk at 100 mph, ran a red light and struck a car driven by Briana Emmons who was seven months pregnant. Emmons’ baby, Dominick, was delivered via emergency Caesarean section and was on life support for two weeks before he died. Initially, Lamy was sentenced to 40-80 years in prison for killing two people, Emmons’ passenger and Dominick. However, on appeal, Lamy’s attorneys claimed that Dominick did not meet the “born alive rule” and therefore, his death does not count as homicide. The Supreme Court sided with Lamy’s attorneys and if the Legislature agrees with this ruling, Lamy’s sentence could be reduced by 15-30 years.
 
New Hampshire’s “born alive rule” dates back to 14th-century England while thirty other states have adopted fetal homicide laws. Prosecutors, Hillsboro County Attorney Marguerite Wageling, and the Supreme Court agree that New Hampshire should amend their “born alive rule”. The Supreme Court stated: “Should the Legislature find the result in this case as unfortunate as we do, it should follow the lead of many other states and revisit the homicide statutes as they pertain to a fetus.”
 
To read an article regarding this outrageous ruling, see WMUR Channel 9.

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