by Maria Gallagher
LifeNews.com Staff Writer
March 2, 2005
Austin, TX (LifeNews.com) — Authorities in Texas now say an 18-year-old man beat his pregnant girlfriend in order to kill a set of twins neither of them wanted. Last May, 16-year-old Erica Basoria lost her unborn sons after she asked her boyfriend, Gerardo “Jerry” 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 said in an affidavit.
Basoria cannot be prosecuted because, under Texas law, mothers have a right to end their pregnancies. However, the children’s father has been charged with murder under a state law protecting unborn children against attack.
Basoria has told authorities she had been trying to kill her unborn children for weeks before Flores attacked them.
Ryan Deaton, the defense attorney, asked in conversations with reporters, "How can two people conspire to do something like this and only one of them be punished? How can that be fair?"
Angelina County District Attorney Clyde Herrington echoed Deaton’s view. Herrington told the media "It doesn’t seem entirely fair. It is somewhat startling to me that they completely leave the female out of the criminal penalty…I would suspect that in a case of this nature, if the jury or the judge figures that out, then it could have an impact on the punishment. They might go light on him."
Flores has spent nine months in jail. Charges against him were upgraded to capital murder in September, but prosecutors are not seeking the death penalty. A trial date is expected to be scheduled soon.
Deaton maintains the children may have already been dead when Flores agreed to pound his foot into Basoria’s abdomen.
The co-author of Texas’ unborn victims of violence law said lawmakers never envisioned a case in which the mother of unborn children would ask the children’s father to kill them.
"We didn’t consider a case as ridiculous as this," Rep. Ray Allen, R-Grand Prairie told the media. "I feel sad for these immature, stupid people. But the law is what the law is…You can’t legally ask your boyfriend to do a triple bypass on you, even if he’s stupid enough to try it. You can’t give another person permission to commit an illegal act," Allen told the press.
Authorities say Basoria and Flores had been dating more than a year when she became pregnant in January 2004.
Flores told the Associated Press that Basoria had difficulties with her family and lacked support for her pregnancy.
Basoria herself indicated as much in her statements to the court.
“My mom, my sister and my sister-in-law all said that I should get an abortion,” Basoria said in an affidavit. “They said that I was too young to have children.”
In the affidavit, Basoria also said, "About two weeks before the miscarriage, I started hitting myself. I would do this every other day and I would use both of my fists when I did this. I would hit myself 10 or more times."
But Flores’ mother, Norma Flores, had urged the young woman to follow through with her pregnancy. “I’m against abortion," Norma Flores told the AP. “It’s a life that wants to live."
Meanwhile, Flores and the mother of his deceased children are now on good terms.
"She comes to visit me and writes that she’s sorry I’m in here," Flores told the AP. "She feels bad. I forgave her. She’ll do anything to help me out."
Flores now says he regrets what he did and would like the ultrasound photo of the children to remind him of what he’s lost.
Meanwhile, in a similar case in Michigan, a lawyer for a teenager charged with helping his girlfriend kill her unborn child has asked that charges be dismissed.
The teenager attacked his pregnant girlfriend with a baseball bat, causing the death of her baby. The teenager’s lawyer, however, says the charges should be dropped because the young woman wanted a miscarriage.