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For the second time, the Texas Court of Criminal Appeals upheld a double murder conviction of a man who killed a pregnant woman’s unborn children.

The decision further validates the constitutionality of the state’s unborn victims law, which pro-life advocates fought for to give justice to women and unborn children.

The state’s Prenatal Protection Act authorizes prosecutors to charge attackers with two crimes instead of one when both mother and baby are attacked and killed or injured.

The case before the court involved a man who beat his pregnant girlfriend in order to kill a set of twins neither of them wanted. Erica Basoria lost her unborn sons after she asked her boyfriend, Gerardo Flores, to step on her stomach. Flores was convicted of two counts of murder in the case but Basoria was not punished and authorities said the law was unconstitutional under equal protection considerations since she asked him to kill the babies.

Prosecutors told the court that evidence showed Basoria was abused and did not make the request of Flores to kill the children. The appeals court sided in favor of the law contending that the repeated stomping on Basoria’s stomach could not have been consensual and that Flores’ attorneys raised the equal protection claim well into the case rather than in the original trial.

[14Feb08, Austin, TX]