North Carolina Conviction in baby's death raises questions

RALEIGH, N.C. (AP) -- Appellate judges will soon have to decide a case about whether a nonviable fetus can be a murder victim in North Carolina. The News & Observer reported Sunday that the case of Robert Broom will present the state Appeals Court with a unique question. Robert Broom, 39, was convicted in October of murder in the death of his daughter Lily. Prosecutors say Broom shot his wife, Danna, and doctors delivered baby Lily at 26 weeks so they could operate on her mother. Lily survived 31 days. Doctors said her death was caused by her premature birth. The fetus was not injured in the shooting or delivered stillborn and Danna Broom did not miscarry as a result of the shooting.Those are the reasons a person could be charged with the death of a fetus in North Carolina. But Broom was found guilty and sentenced to life in prison. In its beginnings, the case was significant enough to bring a former prosecutor out of retirement. "This is the kind of case we were all waiting for," said Gene Morris, a 30-year veteran prosecutor. "We wanted answers to these questions, and this case would force that." The state Supreme Court has said that to convict someone of murder, the victim must be born alive, capable of living independently of the mother and must have died from injuries suffered prior to birth. When Danna Broom was shot, the bullet missed Lily but shredded her mother's intestines. Robert Broom told police and later testified that his wife had shot herself and that he immediately called for help. But doctors said there was evidence that Danna Broom had been shot at least eight hours if not more before she received help. Danna Broom says her husband shot her then refused to get her medical assistance for more than 12 hours. Doctors testified they had to deliver the baby so they could operate Danna. "These children are invisible as far as our law is concerned. That shouldn't be the case," said Rep. Dale Folwell, R-Forsyth. Folwell has proposed legislation and plans to do it again to let police charge those who kill a pregnant woman with two homicides. Published: Tue, Feb 15, 2011