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by awatkins from fox-26

Last Post 11 days, 9 hours Ago


baytown teen charged with capital murder
Jun 26, 2008 | 7:16 PM
Category: News
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such a sad story. you probably have already heard at least some of it.  a 14 year old baytown girl... and 8th grader! is now charged with capital murder.  prosecutors say she gave birth to a 7 lb. baby boy in a school toilet... and then they allege she stuffed toilet paper into his throat and drown him.  her attorney says the girl didn't know she was pregnant.

the girl goes to juvenile court in the morning where the charges will be formally presented. apparently there's been no decision made on whether to try her as an adult. even if they did and she were convicted, there would be no death penalty imposed because of her age. the supreme court made a decision in 2005 that no one shall be executed for a crime committed when they are 17 or younger.

there clearly is a point where kids are way too young to be responsible for their decisions. and then clearly there is an age (at least legally) where they are held responsible. but there are many years in between that are a gray area. the time when we say "we would hope they would know better by now.... but then kids are kids."

what do you guys think about this 14 year old? was she in that gray area? should she be tried as an adult? if she is convicted what kind of sentence is appropriate? would you want to be held fully accountable for all the decisions you made when you were 14?

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Member Comments Total Comments: 37
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Isci_the_Weatherman read my blog view my photos
Jun 26, 2008 | 9:10 PM

Andrea, no one is more in favor of harsh penalties for people who hurt children than I am. However, a wise man once taught me that children are not adults and can not be expected to make decisions like adults. This is one of the hardest questions in our society. When is someone an adult? 16 year olds are trusted to operate a 4000lb vehicle at 70mph down the freeway. 18 year olds are trusted to carry a machine gun and kill enemies. People who are adults under the law can't buy a beer until they are 21 years old.

The reason these standards are in place is that society has decided that 18 and 19 and 20 year old people are not mature enough to handle drinking alcohol. 14 year olds are not mature enough to operate a vehicle. So (after too long a discussion) I don't think that a 14 year old 8th grader can be held to the same standard as a grown adult who kills a baby.

Don't get me wrong, I want this girl to be punished and hopefully have her life salvaged. I don't think we can lock up a 14 year old and throw away the key.
SallyMac read my blog view my photos
Jun 26, 2008 | 10:35 PM

Hey Andrea! I covered the story tonight. It's stories like these that stay with you long after you leave the station.

I agree with Isci. I think she should be tried in the juvenile system, however I'm undecided on punishment. I had a long discussion with the guy over juvenile courts today. To be blunt, the juvenile system is a complicated one. She could be given an indeterminate or determinate sentence. Determinate sentences are reserved for the most serious of crimes, like capital murder. Only about 7% of TYC offenders are given a determinate sentence.

If convicted of capital murder as a juvenile she could face anywhere from probation to up to 40 years in the Texas Youth Commission. Well, at 19, you must be discharged from TYC. If the offender hasn't completed her sentence by that age, she can either be transferred to TDCJ or adult parole supervision.
PBMom read my blog view my photos
Jun 27, 2008 | 12:00 AM

She was old enough to have sex now, wasn't she? I'm not in favor of the death penalty for anyone, but clearly she knew she had a baby because she didn't put toilet tissue in her goldfish and try to flush it down a toilet. She obviously knew what a baby looked like once it was born (even if you want to give her benefit of the doubt that she didn't know she was pregnant). No one around her thought she looked strange with her stomach getting bigger? Not one teacher, one neighbor, one friend, one parent, one sibling, one doctor, the school nurse? Give me a break. When you have laws that allow you to drop off a baby at a hospital or such after you give birth and face no penalties whatsoever, someone who chooses to flush a baby down a toilet deserves some type of punishment (and a whole lot of counseling). Personally, I believe she should never be allowed to have another baby...ever...again. But that punishment would never stand up in court.
High_flyer read my blog
Jun 27, 2008 | 5:03 AM

I'm totally with PBMom on this one. No matter what her age, she knew what she was doing. She saw that baby, and with no regard for anyone but herself, deliberately killed it. She needs to be tried as an adult, and punished to the full extent.
RockStarJewelry read my blog view my photos
Jun 27, 2008 | 5:22 AM

I think it's an outrage at what CHILDREN do these days. So many of them believe their parents are too controling or too involved in their lives. This child wants to engage in adult behaviors without being able to think as an adult and now she is in a big mess. I think it's unfortunate that the death penalty isn't case by case because how many cases have we seen popping up where the "teenager" never even knew she was pregnant then went to the extreme to get rid of the innocent baby? If she didn't know she was pregnant, and she had this child in a bathroom, and her intentions were good no matter what the situation, she wouldn't have gone out of her way and made multiple attempts before succeeding in killing that little baby. Maybe this is tough love but so be it.. You want to walk in an adults shoes, engage in adult behaviors and activities, then you better be ready to pay an ADULT PRICE when you SCREW UP~!
Writing_With_Power read my blog view my photos
Jun 27, 2008 | 6:47 AM

I say this all the time in the field when I met KIDs wants to act like adults. IF you want to act like an adult I will treat you like one, no special treatment and when that happens you will be sorry.
When our country was first founded the legal age was 14. You could leave home, get a job, start looking to have a family of your own in a few years. Things have changed but they should be changing for the better not worse. She was ADULT enough to have sex then she should be ADULT enough to face the outcome.
I will give her that she did not know she was pregnant cause it happened to my cousin but once that baby came out screaming into the world it became a whole other ball game.
Dealth penalty, on this time I would have to say no. Life in prison, maybe. Sorry but this should be a HUGE wake up call for everyone raising kids. I'm sorry to say but I feel the parents should share some of this burden of punishment. If a parent can be held responsible for thier kids actions in everything else then why not here.
Writing_With_Power read my blog view my photos
Jun 27, 2008 | 6:53 AM

Another point that burns me up and it is tied to this, why is it that once a girl turns 12, that anything that goes on in the Doctors office I can not be told about it as a parent but a boy's parents are told everything until they are 18?
If a girl is pregnant, has a STD, or wants to get on the pill the parents have NO right to know according to the Doctors?
So if it can be deemed private enough at THAT age that I as a father can not be told anything about my daughter because my daughter is a WOMAN now, then why cant she be WOMAN enough to face the outcomes of a baby.
I'm sorry but I was raised that if you are gonna act like an adult then you get treated like one. I worked since before I was 16 making money during the summers. Once I turned 16 and got my first tax paying job then my fahter made me start paying for my own clothes, food, and some rent.
Sorry for the rant but this one hit a nerve.
tonybaytown read my blog view my photos
Jun 27, 2008 | 7:04 AM

First good morning to all:

The teenager we are talkling about happens to be a close family friend of ours. What happened three months ago was a tragedy. This was very unexpected. And my family's hearts go out to her family.

Times have really changed. Children are growing so fast. And making some very serious decisions. We, as parents can only do so much to control our children. We have to work. We have to rest. They have to go to school. We cannot keep them with us 24/7.

Locking up a 14 yr old girl and throwing away the key is not the answer. I think all the facts should come out in court before judging.

Did you know that she had gone to the nurse's office earlier in the day complaining of pain? Well the nurse sent her right back to class. Maybe that was her cry for help.

In the end there is one GOD, and he will be the final judge. But, we should not give up on a young girl that has not even seen what real life is about.

As far as having sex too young, yes, too young. So she made an adult decision as a child. That does not make her an adult. Many kids are doing it now. It is an adult activity that many kids are making a decision to take part in without knowing the consequences.

:":>
Coastalladie
Jun 27, 2008 | 7:12 AM

I feel that if she was resposible enough to have sex to begin with, she is responsble enough to know what she was very wrong and should be tried as an adult. That is the problem with alot of teen girls these days. they do things knowing that it is wrong, and in the end are not punished for ti. I f I had a teen girl and she did something like this I would expect her to be punished so other young will know that it is wrong to take the life of another human being.
Writing_With_Power read my blog view my photos
Jun 27, 2008 | 7:22 AM

So because I do an ADULT thing I should not be held accountable? Sorry that arguement did not fly when I was growing up and it does not apply now.
I know we have to work and I know we have to rest but IF the law can hold a parnet accountable for a child under 18yrs old actions such as skipping school, breaking out a window, thieft, violience, then why not here.
Sorry but either she did not know she was pregnant or she did. IF she was crying out for help to the nurse then she knew.
Sorry, I know you are close to the family but there is no way I think this girl should just get a slap on the wrist.
I know I sound harsh but I'm relly a fair person. I have a family member that I was close to that is on death row. Everyone else in my family thinks he should not even get life in prison for his actions but the fact remains, 3 lives were taken cause of his drunk actions and he was under age. Justice is blind for a reason, being too close sometimes makes a person bias.
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awatkins

i love reporting the news... and the bright side of reporting before the sun comes up is that i can keep my cool! no melting in the houston heat at that hour. if you're up and about and tuning in, e-mail me a comment on the story i'm doing. we love to get your input. watkins@fox26.com

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