Lawmaker hopes to make killing unborn a crime

Posted at: 09/04/2009 10:30 PM | Updated at: 09/04/2009 10:53 PM
By: Stuart Dyson, Eyewitness News 4; Charlie Pabst, KOB.com

Most states call it murder, but New Mexico is one of 14 states where there is no punishment for killing an unborn baby—no matter how far along the pregnancy is.

Marino Leyba Jr. is accused of killing his 17-year-old girlfriend, Sarah Lovato, her unborn baby boy, and her father, Bennie Lovato. Sarah was nine months pregnant.

His lawyer says he was insane when he hauled out the 9 millimeter pistol and started shooting.

Leyba is only charged with two murders, not three, because under New Mexico law, the unborn baby doesn't count—an outrage to some New Mexicans.

Four years ago, state lawmaker Larry Larranaga sponsored a bill that would have allowed for the killer of an unborn baby to face a murder charge, but it went nowhere. Now he plans to bring it back.

"Here is a person who is absolutely innocent - absolutely innocent," Rep. Larranaga said Friday. "He couldn't have harmed that person if he had tried, and he is a person who is, you know, in a way, helpless, and yet we don't protect him."

The trouble is many lawmakers fear this kind of legislation could weaken abortion rights, even though the bill specifically does not apply to abortions.

Larranaga says he'll try to make the case in January, but there is one guy he'll have to persuade first. It's a 30-day session, and that means the governor controls the agenda.

 Man to plead insanity in double murder

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