BAKERSFIELD, CA (KBAK/CNN) – Police believe the parents of a baby delivered with a fractured skull caused the fatal injuries, but neither parent has been charged, amid debate over whether they committed a crime.
Deputy District Attorney Gina Pearl is investigating the case, which she calls "complicated."
"We're actively reviewing it," she said. "It's a unique case. We're still investigating. There's a lot of different angles."
A baby girl was pulled from the womb May 24 at Kern Medical in Bakersfield, CA, with “traumatic injuries… that led to the child’s death,” including a fractured skull. It’s not clear whether the infant survived for any length of time outside the womb.
The mother is believed to have been 30 weeks into her pregnancy when she arrived at the hospital, according to a search warrant affidavit filed by police.
Medical staff contacted police after noticing "severe bruising" on the woman’s stomach, which she attributed to a fall while mopping.
During an interview with officers, police say the mother told them she and her boyfriend agreed for him to beat her in an attempt to kill the baby.
The boyfriend then allegedly struck the woman’s stomach with his fists "at least 10 times," after which she "stopped feeling the baby move."
"Even if she thought of it, what kind of man would say, 'Yeah, I'll punch you in the stomach until the baby’s dead'?" said Marylee Shrider, executive director of Right to Life Kern County.
In a separate interview, police say the boyfriend denied hurting the woman or the unborn child.
Neither suspect has been charged with a crime.
Pearl said the coroner’s report on the baby would provide information they would consider as they decide how to proceed with the case.
California law allows abortion until viability, which is generally believed to be between 24 and 26 weeks. Killing a fetus is also allowed in cases where continuing the pregnancy threatens the life and health of the mother.
Murder charges will not be pursed if "the act was solicited, aided, abetted or consented to by the mother of the fetus."
However, leading advocates on both sides of the political aisle regarding abortion say that what allegedly happened in this case should not have happened.
"It’s just an all-around unfortunate incident," said Jennifer Bloomquist, a founder of Pro Choice Kern County.
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