Roger Holland's defense: Killing wife's fetus was abortion, not murder

roger holland.jpg
Holland's mugshot (left); Holland and his wife, Margorie (right).
As we told you about in March, 36-year-old National Guard veteran and Apple Valley resident Roger Holland was charged with two counts of murder in connection with the death of his pregnant wife -- one for her and one for her dead fetus.

THE BACKSTORY: Roger Holland of Apple Valley allegedly murdered pregnant wife, attempted coverup

But in hopes of getting one of the charges dismissed, Holland's attorney, Marsh Halberg, plans to use a unique and possibly precedent-setting argument when his trial starts next week.

Halberg will argue that the death of Holland's wife's fetus was an abortion, not murder.

The Pioneer Press explains:
[Halberg's argument is] rooted in the idea that two state laws -- one barring unlawful abortion, the other barring the murder of an unborn child -- govern essentially the same conduct but carry different punishments...

"The exact conduct he is being accused of is chargeable under a separate, less severe statute," Halberg wrote in a motion seeking to have the charges dismissed.

Criminal abortion is an unranked offense in Minnesota, leaving the sentence up to the court's discretion depending on the case. Murder of an unborn child carries a sentence of up to life in prison.

Halberg said the abortion law is the proper fit for what Holland is accused of doing -- ending a pregnancy without consent.
Even if a court of law was to find merit in that argument, it doesn't mean Holland would walk away scot free for allegedly strangling his wife after she told him she wanted a divorce. The first-degree murder charge Holland faces in connection with her death could land him behind bars for the rest of his life regardless of what happens with the "murder of an unborn child" allegation.

-- Follow Aaron Rupar on Twitter at @atrupar. Got a tip? Drop him a line at arupar@citypages.com.


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21 comments
abercrombegrl01
abercrombegrl01

DESPITE the fact that the MURDERER - Roger Holland's defense would like to reject the idea that abortion (killing the fetus in the womb) is the murder of an innocent human life. However, the answer to a few simple questions prove that the unborn child is an innocent human life. (1) Is "that" which is growing within the mother's womb alive or dead? Of course it is alive. (2) Is "that" which is growing within the mother's womb animal or human? Of course it is human. (3) Is "that" which is growing within the mother's womb guilty or innocent? Of course it is innocent. The conclusion then is logically drawn by every rational person that the unborn in the mother's womb is ALIVE, HUMAN and INNOCENT. Therefore, the unborn child is an innocent human life! Abortion is the killing of the "fetus" in the mother's womb. Therefore, abortion is the killing/murder of innocent human life.

JUSTICE FOR MARGORIE HOLLAND on Facebook

_Joe_
_Joe_

Wow, CB is desperate for someone to take the bait.

CinBlueland
CinBlueland topcommenter

Or to take a different angle, why aren't women who chose not to abort but continue to smoke, drink, do drugs etc charged with child endangerment? Or murder if the fetus terminated due to related complications?

_Joe_
_Joe_

Meanwhile, Marsh Halberg makes Saul Goodman look like a stand-up guy.

CinBlueland
CinBlueland topcommenter

Again, I think some are missing the main point. (I'm not defending the guy but the argument is still valid). "Forced Abortion" etc. Yes he murdered his wife, a human. But by definition a fetus is not a person nor human. "A fetus is an unborn, developing mammal." So shouldn't the charge be cruelty to an animal or something similar?

A common pro-choice argument:
"abortion is not “killing” a “person”, it is terminating a pregnancy. Period. An unborn fetus is not a baby….. its a fetus. Period."

Daniel McClanahan
Daniel McClanahan

Was the abortion voluntary, or medically needed, if NOT then its MURDER!

Alison Draper
Alison Draper

The baby died as a result of mothers murder. A man cant force a woman to have an abortion a woman has to chose that. This was forced its a murder.

Ashley Besser
Ashley Besser

An abortion is a medical procedure, it does not involve strangling the woman carrying the fetus.

Monica Bertrand
Monica Bertrand

What a waste of human space. Whatever it takes to put him away for life, go for it. If it takes two counts, use it.

Kevin Lane
Kevin Lane

Was the fetus in his uterus? Then just stop...

Del Bauer
Del Bauer

Fucking idiots. Forced abortion is not abortion.

keny1
keny1

I'm sure the Satan-worshiping liberals will buy the argument.  

Sammy L Cater
Sammy L Cater

well true story... she could of went to an abortion place and had it murdered and walked away free to do as she wishes. Soooo yea but i agree he should be charged with 2 counts, there were 2 heart beats

CinBlueland
CinBlueland topcommenter

Always wondered why nobody tried this before. The Peterson case comes to mind.

How can someone be charged for murder of a fetus if it isn't a person yet?

CinBlueland
CinBlueland topcommenter

@_Joe_ *Tag* .. Just bored and it's safer to have the conversation here than with real people that I have to interact with on a daily basis. (No hurt feelings among friends and all that.)

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