Legal Milestone: New Hampshire Initiates First Murder Charge for Fetal Death
Court Proceedings: William Kelly Pleads Not Guilty in Landmark Case Involving Tragic Death of Pregnant Woman
According to The Washington Times in a landmark legal development New Hampshire has brought forth its first-ever murder charge in the death of a fetus as William Kelly, 28 stood before the Carroll County Superior Court in Ossipee. Accompanied by his attorney Caroline Smith Kelly waived his arraignment and pleaded not guilty to the fetal death case charge. The fetal death case revolves around the tragic demise of Christine Falzone, 33 who was found to be approximately 35 to 37 weeks pregnant at the time of her death in December according to Deputy Chief Medical Examiner Mitchell Weinberg’s findings.
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Legal Precedent and Ongoing Proceedings
The legal backdrop to this fetal death case is shaped by New Hampshire’s 2017 legislation which recognizes fetuses at 20 weeks of development and beyond as persons for the purposes of criminal prosecution of murder. This legislative stance signed into law by Republican Governor Chris Sununu sets a precedent for the current proceedings against Kelly. Michael Garrity a spokesperson for the attorney general’s office noted that this is the first instance the state has charged fetal death case to someone with murder in the death of a fetus. Kelly faces two counts of second-degree murder for the deaths of both Falzone and her unborn child as outlined in the indictment issued by a Carroll County grand jury. While legal proceedings unfold, with a hearing scheduled for June and a potential trial date set for 2025, Kelly remains in custody without bail. His crime fetal death case history including a conviction for assault in 2019 adds complexity to the case. Police who discovered Falzone unconscious and unresponsive in the Ossipee residence she shared with Kelly have yet to ascertain if Kelly is the father of the unborn child. This fetal death case underscores the legal and ethical nuances surrounding fetal rights and the complexities involved in prosecuting crimes against pregnant individuals.