WTNH News Channel 8 / News / 1999

	Judge rules death of slain pregnant woman's baby is murder (Waterbury-AP) _ Antonia Rodgers may have been fatally injured before she was born. But she lived 42 days, and her assailent can be charged with murder, Superior Court Judge Richard Damiani ruled Wednesday. The ruling clears the way for Robert Courchesne to be charged with a capital felony _ which carries a possible death penalty _ because there were multiple victims, and one victim was a minor. Courchesne is already charged with the stabbing death of Antonia's mother, 28-year-old Demetris Rodgers. Courchesne, 41, confessed to stabbing Demetris Rodgers in a fight over drug money Sept. 15, prosecutors said. Antonia was delivered by emergency Caesarian at Waterbury Hospital minutes after her mother died. Born about two weeks premature, she struggled with brain swelling and pneumonia until she died Oct. 27. Ronald Gold, Courchesne's defense attorney, had argued his client could not be charged with a second count of murder because at the time of the alleged attack Antonia Rodgers was a fetus. Connecticut has no laws protecting a fetus from injury or termination outside the context of abortion. Damiani also rejected Gold's arguments that prosecutors could not link Courchesne's attack with Antonia's death six weeks later. "Obviously, there are many instances where an adult victim has died some considerable time after the infliction of the fatal blow or wound," Damiani wrote. "There is no logical reason why any different rule should apply to an unborn fetus who is successfully delivered alive." Assistant Waterbury State's Attorney Eva Lenczewski said her office would move to schedule a date for pretrial proceedings. "I'm very pleased, both legally and for the family," Assistant Waterbury State's Attorney Eva Lenczewski said Wednesday. Gold could not be reached for comment. Several messages left at his office were not returned. Today's News Page. WTNH Home Page. ©1999 WTNH/WTNH-DT A LIN station.

Judge rules death of slain pregnant woman's baby is murder
(Waterbury-AP) _ Antonia Rodgers may have been fatally injured before she was born.

But she lived 42 days, and her assailent can be charged with murder, Superior Court Judge Richard Damiani ruled Wednesday.

The ruling clears the way for Robert Courchesne to be charged with a capital felony _ which carries a possible death penalty _ because there were multiple victims, and one victim was a minor.

Courchesne is already charged with the stabbing death of Antonia's mother, 28-year-old Demetris Rodgers.

Courchesne, 41, confessed to stabbing Demetris Rodgers in a fight over drug money Sept. 15, prosecutors said.

Antonia was delivered by emergency Caesarian at Waterbury Hospital minutes after her mother died. Born about two weeks premature, she struggled with brain swelling and pneumonia until she died Oct. 27.

Ronald Gold, Courchesne's defense attorney, had argued his client could not be charged with a second count of murder because at the time of the alleged attack Antonia Rodgers was a fetus. Connecticut has no laws protecting a fetus from injury or termination outside the context of abortion.

Damiani also rejected Gold's arguments that prosecutors could not link Courchesne's attack with Antonia's death six weeks later.

"Obviously, there are many instances where an adult victim has died some considerable time after the infliction of the fatal blow or wound," Damiani wrote. "There is no logical reason why any different rule should apply to an unborn fetus who is successfully delivered alive."

Assistant Waterbury State's Attorney Eva Lenczewski said her office would move to schedule a date for pretrial proceedings.

"I'm very pleased, both legally and for the family," Assistant Waterbury State's Attorney Eva Lenczewski said Wednesday.

Gold could not be reached for comment. Several messages left at his office were not returned.

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