William Kelly was the first person in New Hampshire to be convicted of fetal homicide after killing Christine Falzone and her preborn child; he has now been sentenced to 80 years in prison.

Key Takeaways:

• Kelly and Falzone were in a relationship until she was murdered in 2023.

• Falzone was between 35 and 37 weeks pregnant at the time of her murder.

• Prosecutors charged Kelly with fetal homicide, so he was charged with two counts of second-degree murder. It was the first time New Hampshire's 2018 fetal homicide law had been used.

The Backstory:

William Kelly was found guilty of both counts of second-degree murder in July, after killing Falzone and her preborn child in 2023.

At the time of the murder, Falzone was nearly full term, and was between 35 and 37 weeks pregnant. She and her preborn baby had been beaten to death; authorities also found injuries at various stages on her body, indicating a history of abuse.

In addition to the murder conviction, Kelly had a long criminal history, which included a 2019 conviction for second-degree assault involving domestic violence.

In 2018, New Hampshire passed a fetal homicide bill, though it only applies to preborn children who are at least 20 weeks gestation. Legislative attempts this year to expand the law to include all preborn children failed.

Senator Regina Birdsell, who sponsored the fetal homicide bill, told NHJournal that this kind of case is exactly what the legislation is intended for:

“Unfortunately, situations like this happen, and this is precisely why I put the bill in.

I know there was a lot of consternation about the prosecutors misusing this law, but I obviously had confidence in our attorney general that he would use this law as it was intended, unlike the opponents.

That is exactly what the AG did by charging this man, and the jury did what they should in finding him guilty.”

The Details:

The New Hampshire Department of Justice announced that Kelly has been sentenced to 80 years to life in prison, with 40 years to life applied for each murder. The sentences will run consecutively rather than concurrently, which means it is unlikely Kelly will ever be released from prison.

Prosecutors pointed to the brutality and violence of the crime in calling for a severe sentence; Falzone had 100 bruises on her body, five rib fractures, and was bleeding internally.

Prosecutors also expressed gratefulness that neither victim was ignored in sentencing. "We're glad that the judge recognized there were two victims in this case," Assistant Attorney General Brian Grekleck-McKeon said.

Judge Mark D. Attorri denied requests from Kelly's legal team for leniency; they had asked that he be sentenced to 40 years in total. "The mercy the defense is asking for here is going to have to come from an authority infinitely greater than this court," Attorri said. He added:

You will still be able to wake up every morning. You will be able to breathe the air and you will at least at times be able to see the sunlight which Christine Falzone and her child and Mr. Kelly's child will never have the opportunity to do again.

Falzone's family members testified about the loss they suffered, and also said they were glad Falzone's case would help other victims receive justice in the future.

"Little did she know then that her life would be cut short, her dreams would fall to the floor as she did and that she and her baby are going to be the storms that clear the path in the state of New Hampshire for every victim's case coming forward," Tiffany Marcos, Falzone's aunt, said.

The Bottom Line:

While at least some preborn children can receive justice in New Hampshire, such legislation is not present across the country. Thirty-eight states have fetal homicide laws in place, though every preborn child deserves protection, as well as justice in cases of homicide.