Woman Who Cut Baby from Mother’s Womb Won’t Face Murder Charge for Infant’s Death

LaneLONGMONT, Colo. — Pro-lifers are expressing disappointment after a Colorado district attorney announced that he would not pursue murder charges on behalf of a baby who died when she was cut from her mother’s womb because he could not prove that the baby was alive when she was separated from her mother.

Dynel Lane, 34, will instead only be charged with attempted first-degree murder for leaving Michelle Wilkins, 26, for dead after the act, and for a lesser charge of “unlawful termination.”

According to reports, Lane attacked Wilkins with a knife and a piece of glass after she responded to a Craigslist advertisement for baby clothes. She then cut Wilkin’s seven-month-old baby out of her womb, and left the woman to die. While Wilkins survived the incident, her baby, a girl who she named Aurora, did not. Lane took the child to Longmont United Hospital and claimed that she had suffered a miscarriage.

District Attorney Stan Garnett said that he will not file murder charges surrounding the death of baby Aurora as he says that the infant would have needed to show signs of life after being separated from her mother in order for Lane to be charged with murder.

“Colorado law is absolutely unambiguous,” he told reporters. “Now I understand that many people in the community—and heaven knows I’ve heard from a lot of them—would like me to have filed homicide charges. However, that is not possible under Colorado law.”

“Colorado criminal law … defines homicide as the killing of a person by another,” Garnett said. “It defines a person, when referring to the victim of a homicide, as a human being born and alive at the time of the homicidal act.”

He stated that because autopsy results do not show that the incident was a “live birth,” Lane can’t be charged with the baby’s death.

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Although Lane still faces up to 100 years behind bars for her crimes, pro-lifers in the state and beyond have expressed dismay that while Wilkins is considered a person in the eyes of the law—hence the attempted murder charge—her pre-born daughter is not.

Local resident Renee Jacoby organized a protest over the charges out of her “total disgust with the justice system.”

“[The baby] was two months off,” Jacoby told the Times Call. “How can it not be considered a person when it’s a person enough for an autopsy, a person enough for a death certificate and a person enough for a name?”

“Michelle Wilkins won’t receive justice for the death of her child,” Colorado Right to Life member Susan Sutherland also lamented to the publication. “It’s time to get this taken care of. It won’t prevent tragedies from happening, but it will allow people to seek justice.”

Efforts have twice been launched in Colorado in seeking the law to be changed so that homicide charges can be filed against those who commit crimes that result in the deaths of the preborn, but both of those efforts have failed.

“Many of us worked tirelessly to get Amendment 67 on the ballot [last year], and in the end we were simply drowned out by Planned Parenthood’s big money and big politics,” wrote Gualberto Garcia Jones of the Personhood Alliance in an op-ed this week. “If the law now treats the seven-month unborn child of Michelle Wilkins as nothing more than a miscarried pregnancy, you can thank those who buy into the abortion mentality that an unborn child is somehow sub-human.”

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  • Angel Triumphant

    So, the parent is victimized again. The Lord WILL repay each of them for their parts in this, I assure you. Prayers of healing and comfort to the family of those who lost this precious little girl.

    • Heidi K.


  • Frank

    This DA needs to be fired with no pension.

    • weasel1886

      On what grounds?

  • It is not enough that District Attorney Stan Garnett be fired for this (not that he will be fired… he certainly will not… indeed he will probably end up as a liberal governor or congressman one day).
    In an ideal world; District Attorney Stan Garnett should be fired, and disbarred, and blacklisted from ever being able work as an attorney or as a government worker again in any capacity. What he has done is beyond incompetence, and beyond dereliction of duty. What he has done is a direct attack on the very foundation of the moral code and common law of decency that holds civilization itself together. There is absolutely no excuse for this behavior in handling this horrific case.

    • weasel1886

      This is the fault of the pro life movement in Colorado.

      • That statement doesn’t even make any sense.

        • weasel1886

          There have been many attempts to pass laws to cover this in Colorado but each time the pro life movements block them by insisting that birth control be part of the law. They keep putting personhood on the ballot and it gets smashed everytime. They will not compromise on anything
          the pro life movement here is an all or nothing group that rarely has the support of many in the state.
          this is their fault

          • That is simply not true. The people of Colorado are not banning together to tie “birth control” (an issue for which over 90% of Christians have no moral objection)… to abortion (an issue for which most Christians DO have a moral objection)… making the two a legislative “all or nothing proposition”. That’s just a lie. That did not happen, and it is not happening. That is a false statement.

          • weasel1886

            You are wrong on this one.

          • America First

            Are you for the Baby, Mr. WEASEL ? Or? and if you are for the baby ..stop blaming a group and get your own butt out there to help change the law.

          • weasel1886

            Yes I’m for the baby but pro lifers aren’t in this case. They are just for political gain

          • America First

            I understand the political gain thing. 🙁

    • John Swain

      Sorry man but he was forced to follow the law or didn’t you read that entire article until you change the law and protect those babies he has no choice in the matter and that is a shame

      • Yes, I understand that he is subject to the law. I don’t understand how any decent human being in his position would NOT use this as an opportunity to protest this inhumane and illogical absurdity. Stand Garnett just folded like a house of cards. His “Sorry, this is not my battle… I’m just doing my job” attitude is not acceptable. A woman cut another woman open with a piece fo broken glass and ripped her child out of her… and that’s not murder? The Attorney General just accepts that, and he does NOT take a stand in the media? He just goes along with this? This is a cowardly and self-serving person looking to not-rock-the-boat, and to protect his job. How many horrific crimes against humanity have been perpetuated with the attitude, “Hey, I’m just doing my job”.

        • America First

          I agree John. Apparently the people who say they are Christians have allowed this law to happen, otherwise I am not sure it would have still be a law? This law did not stand up to protect a baby …a breathing living baby from being killed outright for nothing? The Attorney General is a COWARD! Nothing else! Along with others that do not stand up for babies. Pandering to the death crowd like Planned parenthood and the Political correct law? Planned Parenthood needs to be ELIMINATED!!! They are NOT the voice of the People! The Attorney General after saying he is just doing his job sounds like an excuse the Nazis said they were only following orders. Evil is Evil!!!

  • The Last Trump

    “he would not pursue murder charges on behalf of a baby who died when she was cut from her mother’s womb because HE COULD NOT PROVE (?!) that the baby was alive when she was separated from her mother.”

    Hello! Baby inside mother = good. Baby forcibly CUT OUT of mother = NOT good.
    I think we can reasonably deduce that , by some freakishly astronomical coincidence, an ALREADY DEAD BABY (?!) was not somehow, against all odds, RANDOMLY selected to be CUT FROM it’s ATTACKED mother! How ridiculous.

    I guess when your society kills babies by the millions, what’s another ONE, really?
    Case dismissed. 🙁

  • Katrina Vargovic

    I am utterly left speechless, what is wrong with you people, what sought of law do you have. This is MURDER, can you read MUDER. l am so, so , sorry for the mother and pray the Lord gives her comfort as she goes through her grief. As for Stan Garnett, l don’t wish you anything more than what you deserve. What you sow is what you will reap.As for me l wouldn’t play with fire, l would hope that l treated people the way l would like to be treated, from Australia! !!

  • Sharon Jackson

    If 20 week old babies have been born and lived, who is to say that the baby was not alive when this monster ripped the baby from the mother. I thought I read that the monster’s husband found the baby in the bathtub and she was breathing. Maybe more will come out later, but I would love to hear what the murder’s husband actually said. Guess all will come out in court. The point is that the baby was alive in the mother until the woman cut if from her…so the baby was alive until this horrific act took place. When will people come out from under their rocks and realize that it is not a piece of tissue, but a tiny person with their own DNA, and a heartbeat at around 30 days. Eight month old babies are more than capable of living out of the womb…this woman murdered this baby by doing what she did. Lawyers, state laws, judges, and the judicial system in this country are totally off the rails.