I agree. For felony murder to apply it would have to be intentional. Indiana does not have a second degree murder statute but I was hoping to see an involuntary manslaughter charge but my hopes are vanishing. Now hoping for the max sentence (40 yrs.) on the neglect of a dependent resulting in death charge along with consecutive sentences to serve on the other charges. Knowing the area the state will drop some charges and let them plea out. At least Indiana recently changed the law as to where 75% of the sentence has to be served before chance of parole, it used to be 50%.
I fully expect them to plead their case, that it wasn't intentional. They'll find defense attorneys who will help them to build upon this with their life histories - which may or may not contain the cycle of drugs and/or abuse. That's what they do and I encourage you to prepare for it. Their lives are on the line. Their rights now matter more than Owen's ever did or will as a victim. That is the current system - and the Constitution guarantees the rights of the defendant(s) only.
I know I sound like a broken record, but we need to change this. But, I digress,,,
When you sit back and really look at this case, how can this level of child abuse NOT be proven intentional beyond a reasonable doubt? The chemicals used to make it are likely carrying clear warning labels. The perps are likely users who know what the drug does to their own minds. Did they really believe that exposing the children to those poisonous, mind-altering chemicals and watching the damaging effects, no matter the euphemistic label they put on it - wasn't going to hurt them? I'm sorry, but their feigned ignorance is not an excuse for intention! Just because they say it does not make it so. It does not relieve them of the responsibility of common sense - no matter how much their actions represent idiocy!
That's like allowing your child to walk on thin ice, near a swimming pool unattended, near a hot stove or open fire. Then, they get hurt (or worse) and your excuse is you didn't intend for it to happen. I believe that intent will not be enough to shield their actions leading up to Owen's death.
Neighbors will testify to the cycle of abuse as ear and maybe even eyewitnesses, if people are willing to do right by Owen now that he's gone! :cry:
I can't imagine Owen had never been screened by a single healthcare professional his entire life. The doctor(s) can be subpoenaed. Standard screening questions and trainings that mothers are asked about drug use can be asked and brought in. If Owen was withheld care, that can be brought in. The prosecutor and the State are now Owen's voice. Their job is to make the case for intentional child abuse. I still believe there's a way this can be done (maybe not exactly as I've posted) to get to felony murder. These perps don't deserve a chance at freedom.
The State has a tough hill to climb, no doubt. Thank you twall for bringing this important info to the thread. People need to know the laws of their state, because it matters when cases like these occur.
Perhaps I will be wrong, and Felony Murder won't be proven. As sad as that would be IMO, maybe Owen's legacy will be amending the law to include 2nd degree murder. All I know is that if his death does not result in major change - his loss was a more than a major turning point in our society. I have faith in the people of Indiana.
raying:
#JusticeForOwen
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