New Hampshire man first to be charged under state's fetal homicide law
A New Hampshire man was indicted last week by a grand jury for allegedly murdering a pregnant woman and her unborn child, marking the first charge under the state's fetal homicide law that passed in 2018.
William Kelly, 38, stands accused of second-degree murder related to the death of Christine Falzone, 33, and her baby, whom an autopsy determined was between 35 to 37 weeks old and near birth, according to a March 15 announcement from the New Hampshire Department of Justice.
The New Hampshire DOJ said that Kelly was slapped with a charge for each alleged victim, noting that Falzone's death occurred "under circumstances manifesting an extreme indifference to the value of human life by means of multiple blunt force injuries."
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Kelly was first arrested in December after Falzone was found dead following a Dec. 17 call to police reporting that she was not breathing, according to authorities, who did not provide a motive but said that the two were living together, as noted by Catholic News Agency.
The indictment against Kelly over the baby's death is the first time the state's fetal homicide law, which applies to unborn babies who are older than 20 weeks, has been used. The law, which only applies when an unborn baby dies as a result of violent criminal action, passed in 2018 after similar legislation was vetoed in 2012, according to the New Hampshire Bulletin.
Under the new law, Kelly could face a life sentence for each second-degree murder charge, whereas he would have only faced up to 15 years for the baby's death before it passed.
Kelly showed up in Carroll County Superior Court in Ossipee on Monday, but did not speak to the judge, according to The Associated Press. His attorney, Caroline Smith, said he was waiving his arraignment and pleading not guilty.
Kelly was previously convicted in 2009 of felony sexual assault against a victim between 13 and 16, with an age difference of two or more years, according to Patch. Between 2004 and 2009, he was also convicted of criminal mischief, simple assault, drug possession, as well as endangerment of a child-incompetent. Other convictions include violations of parole, second-degree assault, sex offender registration, and duty to report charges.
New Hampshire allows abortion up to the 24th week of pregnancy, and multiple bills to further limit abortion in the state failed earlier this year, including one that would have banned the procedure at 15 days of gestation. An effort to enshrine abortion rights in the New Hampshire State Constitution also fizzled.
Thirty-eight states permit homicide prosecution when an unborn baby dies as a result of a violent criminal action, according to National Right to Life.
Jon Brown is a reporter for The Christian Post. Send news tips to [email protected]
