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SHOW INFO This is a partial transcript from "The O'Reilly Factor," June 8, 2005, th at has been edited for clarity. Watch "The O'Reilly Factor" weeknights at 8 pm and 11 pm ET and liste n to the "Radio Factor!" BILL O'REILLY, HOST: In the "Impact" segment tonight, in March 2004, then 16-year-old Erica Basoria was four months pregnant apparently she and her boyfriend, then 18-year old Gerardo Flores, didn't want the twin ba bies she was carrying. So Ms Basoria allowed Flores to repeatedly kick her in the stomach, causing the fetuses to be aborted. And on Monday, he was convicted of capital murder and sentenced to life in prison. Joining us now from Houston is Ryan Deaton, the attorney who represented Geraldo Flores. This is the first time under this law, the Texas Prenatal Protection Act, that a person has been sentenced to life in prison.
RYAN DEATON, CLIENT CONVICTED OF MURDERING 2 FETUSES: Well, they she ac tually asked about an abortion at an OB/GYN visit on the Friday prior to the incident or prior to the miscarriage. And she was kind of given s ome advice that she couldn't get an abortion at that point. But she was only 21 weeks and clearly, she could have gotten an abortion. DEATON: So the bad advice I guess led to her making some choices that wer e not good for either one. With Planned Par enthood and all these organizations willing to drive you and pay for it and everything, you're just telling me these people were too stupid? They were definitely i mmature, definitely irresponsible, definitely made some bad decisions. W hy they didn't explore some other options, you know... DEATON: It's easier well, I mean, I can't tell you everything that was said between my client and I, but... Now under Texas law, the girl, who was culpable in this, obviously she al lowed the boyfriend to kick her in the stomach. And she herself did viol ence to herself I understand, she can't be charged. And that's sort of the tragedy of the law in this situation is that they're not being treated equally. And that is that there's no te stimony that he kicked her. It was a consensual deal where she laid down and he put his foot on her stomach. There was enough pressure put upon her that twin fetuses died. Now the jury obviously, it was a pretty straightforward case. And we're dealing with minority Hispanic people from rural east Texas, and so we're trying to get the mo ney together to do what we need to do to perfect the appeal and take it as far as we can take it. DEATON: Well, of course, that's well, I would just say that the appeal would be based on the equal protection grounds. O'REILLY: But equal protection meaning that the woman didn't get anything , but the guy did. O'REILLY: You got any abortion groups helping you out there, counselor? But now that the case has gotten so much publicity, it's kind of funny. DEATON: ACLU, Planned Parenthood, that kind you know, we haven't accept ed their help yet, but they're definitely contacting us. Content and Programming Copyright 2005 Fox News Network, LLC ALL RIGHT S RESERVED. This i s not a legal transcript for purposes of litigation.
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