Double homicide charge likely
               
March 24, 2003

An arrest in the Laci Peterson investigation is likely to lead to
double homicide charges and the possibility of the death penalty.

Laci was eight months pregnant when she was reported missing on Christmas Eve.
Modesto police recently reclassified their investigation as a homicide case.


"There's no question that this case would be charged as a double homicide,"
said Jeanette Sereno, an attorney and assistant professor
of criminal justice at California State University, Stanislaus.


"If there was probable cause to charge someone with Laci Peterson's  killing, then
there also would be probable cause to charge for the killing of the
unborn fetus.

"The problematic cases happen when a woman was not visibly pregnant or did not
know she was pregnant. But this is an obvious and easy case to charge."


Many states have vastly differing laws concerning the killing of a fetus.
Some states treat any fetus as a living being; others consider
it illegally terminating a pregnancy, a felony offense.


In California, the law defines murder as the unlawful killing of a
human being or a fetus with malice aforethought. The unborn child
must have passed the embryonic stage, roughly between 6 and 8 weeks.


Also, anyone convicted of more than one first- or second-degree murder
is eligible for special circumstances, which can include the death penalty.
SCOTT - DOUBLE HOMICIDE

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