William Kelly, aged 28, faced a New Hampshire court, charged with the murder of Christine Falzone, 33, and her unborn child, in a case that has garnered significant attention. Represented by attorney Caroline Smith, Kelly has pleaded not guilty, waiving his arraignment in this landmark case that tests New Hampshire’s legal boundaries regarding fetal rights. This marks the first instance in the state where an individual has been charged with the murder of a fetus, a development following the tragic incident that led to Falzone’s death from multiple blunt-force injuries.

The charges have profound implications, as Deputy Chief Medical Examiner Mitchell Weinberg confirmed Falzone was approximately 35 to 37 weeks pregnant at the time of her demise in December. The case unfolds against the backdrop of a 2017 legislative bill, signed into law by Republican Governor Chris Sununu, which recognizes a fetus at 20 weeks of development as a person for criminal murder prosecution. This legislation, which took effect in 2018, is now at the center of Kelly’s charges, as confirmed by Michael Garrity, spokesperson for the attorney general’s office.

Legal Proceedings and Broader Implications

New Hampshire Man Faces Historic Murder Charge for Death of Fetus
Pictured is William Kelly, 28, and the victim, Christine Falzone, 33

Kelly’s indictment by a Carroll County grand jury on two counts of second-degree murder for recklessly causing the deaths of Falzone and her fetus underscores the serious legal and ethical questions this case raises. As the judicial process moves forward, with forensic test results pending and a hearing scheduled for June, the potential trial date in 2025 looms, signaling a protracted legal battle. Kelly, who has been held without bail, has a history of criminal convictions, further complicating his defense.

This case is significant not only for its tragic circumstances but also for its potential to set precedents in how fetal rights are viewed and prosecuted in New Hampshire and beyond. The fact that Falzone and Kelly shared a home in Ossipee, and the uncertainty surrounding the paternity of the unborn child, add layers of complexity to a case already fraught with legal and moral dilemmas. As this case progresses, it will undoubtedly spark further debate on the rights of the unborn and the application of laws designed to protect them.