Miscarriage of Justice?

This is a partial transcript from "The O'Reilly Factor," June 8, 2005, that has been edited for clarity.

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BILL O'REILLY, HOST: In the "Impact" segment tonight, in March 2004, then 16-year-old Erica Basoria was four months pregnant — apparently she and her boyfriend, then 18-year old Gerardo Flores, didn't want the twin babies she was carrying. So Ms. Basoria allowed Flores to repeatedly kick her in the stomach, causing the fetuses to be aborted.

The woman was not charged in Texas, but Flores was. And on Monday, he was convicted of capital murder and sentenced to life in prison.

Joining us now from Houston is Ryan Deaton, the attorney who represented Geraldo Flores.

This is the first time under this law, the Texas Prenatal Protection Act, that a person has been sentenced to life in prison. Why didn't they just get an abortion? Why didn't she just go for an abortion? Why do this grisly thing?

RYAN DEATON, CLIENT CONVICTED OF MURDERING 2 FETUSES: Well, they — she actually asked about an abortion at an OB/GYN visit on the Friday prior to the incident — or prior to the miscarriage. And she was kind of given some advice that she couldn't get an abortion at that point. But she was only 21 weeks and clearly, she could have gotten an abortion.

O'REILLY: Right.

DEATON: So the bad advice I guess led to her making some choices that were not good for either one.

O'REILLY: Yes, but that doesn't make any sense, though. I mean, were they afraid of their parents? Or I mean, come on, you know? With Planned Parenthood and all these organizations willing to drive you and pay for it and everything, you're just telling me these people were too stupid?

DEATON: You know, I'm not saying they were stupid. They were definitely immature, definitely irresponsible, definitely made some bad decisions. Why they didn't explore some other options, you know...

O'REILLY: They never told you, you never asked them?

DEATON: It's easier — well, I mean, I can't tell you everything that was said between my client and I, but...

O'REILLY: No, I understand I got it. But I'm trying to get a handle on this. And it just doesn't make any sense at all.

Now under Texas law, the girl, who was culpable in this, obviously she allowed the boyfriend to kick her in the stomach. And she herself did violence to herself I understand, she can't be charged.

DEATON: Right.

O'REILLY: She can't be charged, right?

DEATON: Right. That's correct. And that's sort of the tragedy of the law in this situation is that they're not being treated equally. She's exempt under the law, but can I say one thing? And that is that there's no testimony that he kicked her. It was a consensual deal where she laid down and he put his foot on her stomach. It was — there was no kicking.

O'REILLY: All right. Well, that's a matter of semantics. There was enough pressure put upon her that twin fetuses died. And that — this is under the law.

Now the jury obviously, it was a pretty straightforward case. And what are you going to do now?

DEATON: Well, we plan to appeal it. We've already talked about appealing it. We're trying to get funds together. And we're dealing with minority Hispanic people from rural east Texas, and so we're trying to get the money together to do what we need to do to perfect the appeal and take it as far as we can take it.

O'REILLY: What's the appeal going to be based on? I mean, he got a fair trial.

DEATON: Well, of course, that's — well, I would just say that the appeal would be based on the equal protection grounds. It would also be based on all the issues in the trial. You know, there's always issues in every trial.

O'REILLY: Yes...


O'REILLY: But equal protection meaning that the woman didn't get anything, but the guy did.

DEATON: Exactly.

O'REILLY: You got any abortion groups helping you out there, counselor?

DEATON: You know, it's funny, before the case, no. But now that the case has gotten so much publicity, it's kind of funny. I've been contacted by everybody. It's amazing.

O'REILLY: Which ones that want to help you?

DEATON: Groups in Houston.


DEATON: ACLU, Planned Parenthood, that kind — you know, we haven't accepted their help yet, but they're definitely contacting us.

O'REILLY: Yes. All right, interesting case. Why people do these things is beyond me, counselor. We appreciate you coming on the program.

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