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(LONGMONT, Colo.) — The woman accused of attacking a pregnant woman and cutting her unborn child from her womb will not face murder charges for the death of the baby, the Boulder County district attorney announced Friday, because the baby never lived outside the womb.

District Attorney Stan Garnett said at a Friday press conference that the cause of the baby’s death was as yet unknown, but test results were pending. Still, because an autopsy and investigation failed to provide evidence that the baby “exhibited signs of life outside of the womb,” murder charges could not be brought.

“A prosecutor can not file murder charges when a baby who is killed has not lived outside the body of the mother,” Garnett explained. “For similar reasons, I can not bring charges of child abuse resulting in death.”

“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,” Garnett concluded. “However, that is not possible under Colorado law without proof of a live birth.”

Dynel Lane was accused of luring the victim to a Longmont home, beating her, and cutting the baby out of her. Police later arrested Lane at a hospital after she arrived with the dead child.

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