Menu

Parents of slain pregnant woman fight to change law

  • Published in State

Wallen Family 2aLaura Wallen's family with Sen. Justin Ready and Del. Trent Kittleman in Annapolis. PHOTO BY GLYNIS KAZANJIANWhen the father of a slain Olney woman found out the man accused of killing his pregnant daughter would only be charged with one count of murder, instead of two, he said he was shocked.

“It wasn’t going to count,” Mark Wallen said of his daughter Laura’s unborn child’s death. “Justice was not going to be done for my grandson. The law now says the life of my grandson doesn’t even exist.”

Under current state law, charges of murder or manslaughter for an unborn child can only be brought against a person if a fetus is considered “viable” outside of the mother’s womb. 

Montgomery County State’s Attorney John McCarthy charged Laura Wallen’s on-again, off-again boyfriend, Tyler Tessier, 33, of Damascus, with one count of murder last October. Wallen was 14 weeks pregnant at the time of her death, according to the state’s chief medical examiner who conducted an autopsy. She was having a boy, whom she planned to name “Reid.”

Read more...

Handcuffed but not arrested

gavel2  1

One area of criminal law that has been the subject of many appellate opinions is the notion of “stop and frisk,” as originally adopted in the Supreme Court’s opinion in 1968 in Terry v. Ohio. Although the Fourth Amendment protection against unreasonable searches and seizures protects persons from a warrantless arrest without probable cause, where the police have a reasonable suspicion that a person may be armed and dangerous that is enough to stop them and frisk or search their person for a weapon. Whether this allows the police to actually handcuff such a person was explored by a recent case from Maryland’s highest court called Ira Chase v. State.

Read more...
Subscribe to this RSS feed