Attorneys for a Moscow man accused of murdering his wife and unborn child say their client is being denied due process of law and equal protection under the U.S. Constitution – despite Idaho law that defines the killing of a fetus as murder.
Filing pretrial motions in front of Second District Judge Jeff Brudie Wednesday, the attorneys among other things, are seeking the dismissal of one murder count alleging Silas Parks was responsible for the death of his wife’s unborn child.
Federal law allows for a woman to terminate her pregnancy, through abortion or other means, prior to the time of viability ouside the womb – which many believe to be between 24 and 28 weeks. Since Sarah Parks had a right to abort her unborn child under federal law, the defense reasons, Silas Parks should not be charged with murder under state law.
Brudie plans to make a written ruling on all the motions in the coming days.
Parks is charged with two counts of first-degree murder and one count of first-degree arson in connection with the June 24, 2009 suffocation death of his 28-year old wife Sarah Parks, and the 20-week old fetus she was carrying.
Silas Parks has pleaded not guilty to all charges and is scheduled to stand trial May 10th.
Judge Brudie is also considering a defense motion for change of venue that contends pretrial publicity has made it impossible to assemble a fair and impartial jury in Latah County.
