Which Lost Lives Count

The suspect for the Fort Hood shootings, Nidal Malik Hasan, has been charged with thirteen counts of murder, the AP reports .

The officials said it is not yet decided whether to charge Hasan with a fourteenth count of murder related to the death of the unborn child of a pregnant shooting victim.

Well of course they’re not yet decided. That the unborn child really counts as a life—legally, that wouldn’t be for them to decide, right?

Despite our nation’s unprotection of unborn babies, you’d think this one should be easy: There’s good evidence that Francheska Velez, the mother, wanted to keep this child: She returned from her tour when she learned she was pregnant, and was filling out paperwork regarding her pregnancy at the very time of the shooting. According to news reports , “Francheska Velez was expecting a baby boy in May.”

But perhaps there’s more to it than this. In all likelihood, officials are waiting for more information to see if the Unborn Victims of Violence Act of 2004 applies in this case. According to this very complex and restrictive act, Hasan could be charged with the death of the unborn baby if, say, his actions are classified as an act of terrorism; but if not, I’m told, the legal questions are a bit murkier.

And that’s a shame—that even laws like these, meant to protect the unborn, are so restrictive that such clear-cut matters as this face indecision.