# NOW is opposing a double-murder charge in the Laci Peterson case **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [April 20, 2003, 4:01pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862 "2003-04-20T16:01:11Z")\ **Posts on this page:** 17\ **Page:** 2
**Author:** ![Zoff](https://avatars.discourse-cdn.com/v4/letter/z/6de8d8/32.png) [@Zoff](https://boards.straightdope.com/u/Zoff)\ **Post date:** [April 21, 2003, 1:32pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/22 "2003-04-21T13:32:26Z")
> [@](#): > > _Originally posted by Evil Captor_ > I do not see what purpose is being served by charging him with the other murder, other than advancing the anti-abortion agenda. It triggers the death penalty statute. I’m pro-choice and anti-death penalty but it seems like you’re stretching to find an agenda here. I’d be interested in seeing something that indicates the DA has some secret pro-life agenda. As far as I know, no announcement has been made about whether they’ll seek the death penalty. But if they do, it’s very logical for the DA to choose the stronges reason available for seeking the death penalty and that happens to be the fetal protection statute. Whether you agree with the statute or not, it doesn’t take a conspiracy theory to explain why the DA would choose this particular statute. > [@](#): > > _Originally posted by Zenster_ > It should not be necessary. As I mentioned in my previous post, there should be more than sufficient triggers for special circumstances in this case. What are the other special circumstances? I’m no expert in CA criminal law, but the double-murder exception seems to be the strongest available. ---
**Author:** ![Splanky](https://avatars.discourse-cdn.com/v4/letter/s/b2d939/32.png) [@Splanky](https://boards.straightdope.com/u/Splanky)\ **Post date:** [April 21, 2003, 2:17pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/23 "2003-04-21T14:17:50Z")
Yeah, I don’t see any circumstances for death penalty besides double-murder. I always learned that multiple murders, kidnapping, murder of gov’t official, and maybe one or two others were the qualifiers. The only one I see is double murder. Maybe it’s different in California? ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [April 21, 2003, 5:57pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/24 "2003-04-21T17:57:06Z")
> [@](#): > > \*Originally posted by PunditLisa \* > **Okay, let’s change the facts a bit. SP was having an affair and didn’t want to be married anymore. He could divorce Laci, but he’d STILL have to pay 18 years of child support. So he decides to divorce her and then takes a baseball bat and whacks her in the stomach a few times. The fetus dies.** You’re sidestepping the issue. He DID kill Laci. The fetal murder is a moot point, in terms of getting him put away ("Him’ being whoever killed Laci – Scott is charged, not found guilty just yet.) There will probably come a case that will test your theory of legal murder, but this is not the one. I see a lot of expectant moms in jeopardy of negligent homicide charges if you start letting fetal murder cases be tried. It would just be a matter of time. ---
**Author:** ![Evil\_Captor](https://avatars.discourse-cdn.com/v4/letter/e/f17d59/32.png) [@Evil\_Captor](https://boards.straightdope.com/u/Evil_Captor)\ **Post date:** [April 21, 2003, 6:05pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/25 "2003-04-21T18:05:08Z")
> [@](#): > > \*Originally posted by Zoff \* > **It triggers the death penalty statute. I’m pro-choice and anti-death penalty but it seems like you’re stretching to find an agenda here. I’d be interested in seeing something that indicates the DA has some secret pro-life agenda.** I was under the impression that all it took was one murder to trigger the death penalty in most states. Calif. might be an exception, in which case the double murder charge would make sense. I just have to wonder why one person’s life is not all that important but two of them are. ---
**Author:** ![DirkGntly](https://avatars.discourse-cdn.com/v4/letter/d/d9b06d/32.png) [@DirkGntly](https://boards.straightdope.com/u/DirkGntly)\ **Post date:** [April 21, 2003, 6:20pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/26 "2003-04-21T18:20:21Z")
By Revtim: > [@](#): > > Does the death penalty become more likely if he is charged with 2 murders? BINGO!! According to news reports yesterday, this is why they are going for a double conviction - death penalty is automatic in cases of 2 or more murders. ---
**Author:** ![DirkGntly](https://avatars.discourse-cdn.com/v4/letter/d/d9b06d/32.png) [@DirkGntly](https://boards.straightdope.com/u/DirkGntly)\ **Post date:** [April 21, 2003, 6:22pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/27 "2003-04-21T18:22:49Z")
In California, I should clarify. ---
**Author:** ![Zoff](https://avatars.discourse-cdn.com/v4/letter/z/6de8d8/32.png) [@Zoff](https://boards.straightdope.com/u/Zoff)\ **Post date:** [April 21, 2003, 6:23pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/28 "2003-04-21T18:23:54Z")
> [@](#): > > _Originally posted by Evil Captor_ > I was under the impression that all it took was one murder to trigger the death penalty in most states. Calif. might be an exception, in which case the double murder charge would make sense. A single murder, under certain circumstances, can trigger the death penalty. But, from what I know, none of the circumstances are met or will be difficult to prove. On the other hand, the death of the fetus will not be difficult to prove at all so that’s why the DA is using it. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [April 21, 2003, 6:48pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/29 "2003-04-21T18:48:28Z")
> [@](#): > > \*Originally posted by DirkGntly \* > \*\* > > BINGO!! > According to news reports yesterday, this is why they are going for a double conviction - death penalty is automatic in cases of 2 or more murders. \*\* I’m no expert on California law, but I am willing to bet large sums of money that the death penalty is NOT automatic, regardless of how many murders are charged. It may be AVAILABLE when there are multiple murders, and unavailable for a single murder. But not automatic. ---
**Author:** ![MsRobyn](https://avatars.discourse-cdn.com/v4/letter/m/90ced4/32.png) [@MsRobyn](https://boards.straightdope.com/u/MsRobyn)\ **Post date:** [April 21, 2003, 6:54pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/30 "2003-04-21T18:54:55Z")
The death penalty is not automatic in California, and the prosecutors aren’t even sure if they’re going for it, at least as of this afternoon. Robin ---
**Author:** ![musicguy](https://avatars.discourse-cdn.com/v4/letter/m/7ba0ec/32.png) [@musicguy](https://boards.straightdope.com/u/musicguy)\ **Post date:** [April 21, 2003, 6:58pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/31 "2003-04-21T18:58:24Z")
Maybe it’s just me but I’ve always felt that life in prison was a harsher punishment than death. I’d rather see the guy have to think about this behind bars for another 60 years or so. Death just seems too easy an escape. Having said that… As far as the special circumstances go, I would rather see the act of killing a pregnant woman become a special circumstance for the death penalty. That way the same purpose is served without opening the can of worms that calling this a double murder will. ---
**Author:** ![kung\_fu\_lola](https://avatars.discourse-cdn.com/v4/letter/k/f4b2a3/32.png) [@kung\_fu\_lola](https://boards.straightdope.com/u/kung_fu_lola)\ **Post date:** [April 21, 2003, 7:13pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/32 "2003-04-21T19:13:22Z")
I’m with everyone who sees a “slippery slope”. I am strongly pro-choice and I get the sense that abortion rights are under fire in the US. The Xian right are a strong voice. **However** , there must be a way to legally recognize that the deliberate murder of a fetus **whose mother obviously intended to carry to term** is a wrongful act. Laci is among a number of women who very obviously had made a choice to become mothers. Once a woman has made that choice, _Roe v. Wade_ becomes irrelevant. ---
**Author:** ![Eve](https://avatars.discourse-cdn.com/v4/letter/e/9e8a1a/32.png) [@Eve](https://boards.straightdope.com/u/Eve)\ **Post date:** [April 21, 2003, 7:34pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/33 "2003-04-21T19:34:29Z")
“California law permits a murder charge for a fetus if a pregnant woman is slain, even if the fetus is not viable, said Hallye Jordan, spokeswoman for the state attorney general. The law has been on the books for about 30 years.” ---
**Author:** ![El\_Marko](https://avatars.discourse-cdn.com/v4/letter/e/58956e/32.png) [@El\_Marko](https://boards.straightdope.com/u/El_Marko)\ **Post date:** [April 21, 2003, 7:43pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/34 "2003-04-21T19:43:57Z")
Pro-life here. Hope I don’t get hosed just for saying that. To respond to the OP, I doubt this move by NOW is designed to “win the hearts and minds of the people”, but I can definitely see why they feel the need to do this. As has already been pointed out, if the courts decide that a)it’s possible to “kill” a fetus and b)it is illegal to do so, then it’s a fairly short path to questioning the legality of abortion in the first place. ---
**Author:** ![ElwoodCuse](https://avatars.discourse-cdn.com/v4/letter/e/edb3f5/32.png) [@ElwoodCuse](https://boards.straightdope.com/u/ElwoodCuse)\ **Post date:** [April 22, 2003, 4:45am UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/35 "2003-04-22T04:45:45Z")
I’m pro-choice, and I would feel that the choice to carry or not carry the fetus belongs to the mother alone. I think it could stand and not jeopardize abortion rights because for all we know, Laci wanted to have the baby. I’m more concerned with a fair trial taking place. I think it’s going to be damned near impossible to find an impartial jury, and I’m personally bothered by all the “let him fry” rhetorical I hear from some people in the face of so far (correct me if I’m wrong) circumstantial evidence. There’s a big difference between “he probably killed her” and “beyond a reasonable doubt, he killed her”. Can we please spare the venom until after the trial is over? ---
**Author:** ![Zenster](https://avatars.discourse-cdn.com/v4/letter/z/cdc98d/32.png) [@Zenster](https://boards.straightdope.com/u/Zenster)\ **Post date:** [April 22, 2003, 7:05am UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/36 "2003-04-22T07:05:06Z")
I advocate that when a fetus is killed in the commission of an assault or murder there should be automatic felony mayhem charges brought. This should permit the finding of special circumstances without according legal rights to the unborn. Sorry **Elwood** , but its a free country and since I’m not on any jury, I’m entitled to hold whatever opinion I wish of Scott Peterson. The guy comes across like a complete slime ball and has done everything short of confess to implicate himself. I will post a clarification about his aprehension. The golf course he was arrested near is _actually_ farther North than where he lives in San Diego. He may not have been in flight at the time of his apprehension. ---
**Author:** ![astro](https://avatars.discourse-cdn.com/v4/letter/a/9dc877/32.png) [@astro](https://boards.straightdope.com/u/astro)\ **Post date:** [April 22, 2003, 1:23pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/37 "2003-04-22T13:23:39Z")
Update on NOW’s position [NOW backs away from comments by its Morris president](http://www.dailyrecord.com/news/03/04/22/news2-lacifolo.htm) [sub] > [@](#): > > Stark, who heads the Morris County NOW, spoke Monday with the national organization’s vice president, Terry O’Neill. Stark said O’Neill told her that NOW “felt it wasn’t the right thing to take a position right now” on either the Peterson case or fetal homicide statutes. > > After her conversation with O’Neill and fielding a flood of critical phone calls and e-mails from across the nation, Stark modified her earlier comments about the widely publicized Peterson case. > > “I was thinking out loud,” said Stark, who had mused on Saturday that the double-murder charge could provide ammunition to the pro-life lobby. > > On Monday afternoon, Stark said the “viability of the Peterson fetus … makes a great deal of difference” in assessing the criminal case. > > “The position I was veering very close to was not even in synch with those of all the pro-choice organizations I belong to,” said Stark, who had previously speculated that the double-murder charge could strengthen efforts by pro-lifers to enact a ban on late-term abortions. [/sub] ---
**Author:** ![Zoff](https://avatars.discourse-cdn.com/v4/letter/z/6de8d8/32.png) [@Zoff](https://boards.straightdope.com/u/Zoff)\ **Post date:** [April 22, 2003, 1:35pm UTC](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862/38 "2003-04-22T13:35:48Z")
I’m fine with that position, **Zenster** , but do you see that charging Scott Peterson for killing the fetus is not necessarily part of a vast pro-life agenda on the DA’s part? [Previous page](https://boards.straightdope.com/t/now-is-opposing-a-double-murder-charge-in-the-laci-peterson-case/169862.md?page=1)