Antonio Pena and Jaclyn Kurr of Michigan were a turbulent pair. She had sought hospital treatment for injuries he inflicted, and spent time in a domestic violence shelter. Then came their argument about his cocaine use, during which he twice punched her in the stomach.
Kurr did not fear for her life, but warned Pena that she was carrying his babies. She was 16 or 17 weeks pregnant with quadruplets. When Pena seemed about to punch her again, she stabbed him in the chest, fatally. Thus began another awkward episode of living with an abortion culture.
Convicted of voluntary manslaughter, Kurr was sentenced as a habitual offender to five to 20 years' imprisonment. The trial judge denied her request that the jury be instructed that she had a right to use deadly force in ``defense of others,'' namely her babies.
The judge ruled that a fetus under 22 weeks old is not ``viable,'' meaning not capable of surviving outside the mother's womb. (The noun ``mother,'' which seems to postulate the existence of an ``other" of the sort properly denoted by the noun ``baby,'' is routinely used in court rulings about abortion.) Therefore, said the judge, there were no ``others'' to make the ``defense of others'' rule applicable. He said: ``That's my theory.''
....A few weeks after being punched by Pena, Kurr miscarried. Whether the punches caused the miscarriage is unclear. She had a constitutional right--her privacy right of ``choice''--to kill the unborn babies. And in Michigan and many other states she could kill someone who endangered them. That's the law.