Gerardo Flores, 18, was found guilty of murder
for stomping the stomach of his 16-year-old girlfriend, Erica Basoria, at her request to kill twin fetuses. Basoria testified for the defense on June 2, 2005 and does not face charges herself even though she admitted to hitting her stomach herself on numerous occasions to cause a miscarriage.
Lufkin Daily News
Erica Basoria defended Flores, her boyfriend and father of the deceased twin boys. Basoria claimed she and Flores worked together in the weeks before her miscarriage May 7, 2004, to abort the babies. Prosecutors allege he caused the babies' deaths by stepping on her stomach several times.
Under state fetal protection law, a mother cannot be punished for causing the death of her own unborn children, for any reason. Medical personnel are also exempt.
Flores' trial is a landmark case under state law, which went into effect Sept. 1, 2003. A similar federal law was established a month before Flores' arrest.
Causing the death of an unborn fetus — from conception to birth — is punishable by the death penalty or life in prison. The prosecution is not seeking the death penalty against Flores.
Basoria's testimony seemed to sway from wanting an abortion to her admitted love for the babies. She named the boys, Eric and Gerardo Basoria, nearly identical to their parents' first names. She inscribed the names on their tombstone, she said, visiting the grave often with toys and flowers.
Flores was first indicted for allegedly causing the babies' deaths after assaulting Basoria the night of May 6, 2004. He admitted to beating her hours before the miscarriage, and to stepping on her pregnant belly several times the week before. His indictment was later amended after news of Basoria's alleged involvement in the deaths.
[Defense attorney Ryan] Deaton has suggested Basoria killed the twins by hitting herself, wanting to cause an abortion. She hit herself at the same time Flores was stepping on her, and on other occasions, Deaton said, making it impossible to know who was responsible.
La Shawn Barber
Crazy. This guy gets nailed for double murder yet it's LEGAL to go get an abortion. I applaud the prosecutors for going after him, but damn, why don't the prosecutors go nail those abortion docs who abrogate the Hippocratic Oath??????
Posted by: T Carney on October 17, 2005 07:26 PM
No! Let Her do 10yrs. she's the one that started all this by saying she didn't want the babies. Jerry was happy about the twins. She's stupid, She said she was gonna get fat, thats why she did what she did, she got fat anyways, yall should've seen her at prom
Posted by: rc on August 30, 2006 12:54 PM