On August 11, 2009, six-month old pre-born twins Kaleb Michael Blair and Harley Olivia Blair, lost their lives as a result of a head-on car crash in Bennington, Vermont. The driver of the car that collided with the Blair family minivan is expected to be cited with responsibility for the accident - but she will not stand trial for the deaths of the six-month old pre-born twins because Vermont statutes do not recognize them as human persons."No one will be charged with killing my babies," Mrs. Blair said in an interview with Vermont Catholic Magazine,."In Vermont, it doesn't matter. "
A 1989 Vermont Supreme Court decision, State vs Oliver, determined that a common law tradition dating back to the 17th century defining a human person as "born alive" prevents anyone from being charged in the death of an unborn child. (State vs Oliver involved the death of a full-term unborn child killed in a car accident in Addison County.)
The ruling concluded that "This Court is not the proper forum in which to consider and accomplish the extension of criminal liability that would occur as a result of interpreting the term "person" in Sec. 1091(c) to include a viable fetus. That task must be accomplished by the legislature."
While Vermont Right to Life has pressed the Legislature over the years to address the glaring loophole in Vermont statutes, lawmakers have not taken up legislation to protect unborn victims of negligence and/ or violence.
In the meantime, 38 states have moved to enact legislation recognizing an unborn child as a victim in criminal circumstances including murder, manslaughter, negligent killing, battery and assault.
In 2004, the federal government enacted what is commonly known as the "Laci and Connor Peterson Law" in order to protect unborn victims of federal or military crimes in every state. Therefore, in Vermont, an unborn child can be considered a victim if the crime occurs on federally owned property or the mother is a member of the military. But for the Blair family, there can be no legal recognition of their tremendous loss here in Vermont.
The Blair family hopes to change the law for others who may find themselves in similar circumstances.
Patricia Blair:
"It would mean that God sent them here for some purpose and they fulfilled it even if it was in their short few months," said Patricia, according to WCAX-TVpress coverage 8/12/09.
"I don't want any mother - ever - to have to wake up and have the State tell them their babies aren't babies."
Thanks to the Vermont Right To Life Review, Winter 2009 Edition for excerpts above.
Click below to read article:
Burlington Free Press article on pending legislation.
