http://www.mysanantonio.com/sharedcontent/APStories/stories/D88G76LG0.htmlBasoria had bruises on her eye, arm and wrist, so authorities assumed she had been beaten. Her boyfriend, 18-year-old Gerardo "Jerry" Flores, was charged with murder under the state's new law protecting the unborn.
But it wasn't that simple. Basoria eventually told authorities she had been trying to kill her unborn sons for weeks and finally asked Flores to step on her stomach. "When I was four months pregnant, I began to show, and at that time I decided that I should have gotten an abortion," Basoria wrote in an affidavit.
The Texas law, like many others across the nation, bans prosecution of mothers because they have a legal right to end pregnancies. So Basoria can't be charged. That fact has attorneys on both sides questioning the fairness of a statute that considers one person's crime another person's constitutional right.
"How can two people conspire to do something like this and only one of them be punished? How can that be fair?" defense attorney Ryan Deaton said. Deaton also said the fetuses may have already been dead when Flores agreed to press his K-Swiss sneaker, and the weight of his 180-pound frame, into Basoria's belly.