OSSIPEE, N.H. — A New Hampshire man appeared in court Monday on charges that he killed a pregnant woman and her unborn child by means of multiple blunt force injuries, the first time the state has charged someone with murder in the death of a fetus.
William Kelly, 28, appeared in Carroll County Superior Court in Ossipee with his lawyer, Caroline Smith. He did not address the judge. Smith said she planned to file paperwork that Kelly was waiving his arraignment and pleading not guilty. An email seeking comment was left for Smith.
Deputy Chief Medical Examiner Mitchell Weinberg determined that Christine Falzone, 33, was about 35 to 37 weeks pregnant at the time of her death in December.
The Legislature passed a bill in 2017 that defines a fetus at 20 weeks of development and beyond as a person for purposes of criminal prosecution of murder. Republican Gov. Chris Sununu signed the bill into law. It took effect in 2018.
Kelly’s case is the first time the state had charged someone with murder in the death of a fetus, said Michael Garrity, a spokesperson for the attorney general’s office.
Kelly was indicted by a Carroll County grand jury on Friday on two counts of second-degree murder. He recklessly caused the deaths of Falzone and her fetus, according to the indictment.
Lawyers said they were waiting on forensic test results. They agreed to schedule a hearing in June and a potential trial date in 2025.
Kelly, who was being held without bail, has several criminal convictions. The most recent was for assault in 2019, police said.
Kelly initially was arrested in December on a single second-degree murder charge connected to Falzone’s death.
Police said they found Falzone unconscious and not breathing at the Ossipee home she shared with Kelly. It was not immediately known if Kelly was the father of the unborn child.
In a groundbreaking case in New Hampshire, a woman has become the first person in the state to be charged with murder in the death of a fetus. This case has sparked a heated debate about the legal rights of fetuses and the implications for pregnant women.
The woman, whose name has not been released to protect her privacy, was arrested after allegedly causing the death of her unborn child through reckless behavior. The incident occurred when the woman was involved in a car accident while pregnant, resulting in the death of the fetus.
This case raises important questions about the legal status of fetuses and the rights of pregnant women. In many states, including New Hampshire, fetuses are not considered legal persons and do not have the same rights as born individuals. However, some states have laws that allow for criminal charges to be brought in cases where a fetus is killed.
Proponents of these laws argue that fetuses deserve legal protection and that those who cause harm to them should be held accountable. They believe that recognizing the rights of fetuses is essential for protecting the rights of pregnant women and ensuring justice for victims of violence.
On the other hand, critics of fetal homicide laws argue that they can be used to punish pregnant women for actions that may unintentionally harm their unborn children. They argue that these laws can be used to restrict women’s reproductive rights and undermine their autonomy.
In this case, it remains to be seen how the legal system will handle the charges against the woman. It is likely that her defense will argue that she should not be held responsible for the death of the fetus, as it was an unintended consequence of the car accident.
Regardless of the outcome of this case, it is clear that the issue of fetal rights is a complex and contentious one. As medical technology advances and our understanding of fetal development grows, it is likely that these debates will continue to evolve in the years to come.
