New Hampshire man guilty of two murders in state's first fetal homicide conviction

A New Hampshire man was convicted of two counts of second-degree murder last week for killing his pregnant girlfriend and her preborn child in 2023. The case marks the first conviction under the state's fetal homicide law, which was passed in 2018.

Key Takeaways:

• William Kelly of Ossipee, New Hampshire, was found guilty of two counts of second-degree murder after killing Christine Falzone and her preborn child.

• The case marks the first fetal homicide conviction since the state passed its law in 2018.

• The law only recognizes preborn children 20 weeks gestation or older as victims of fetal homicide.

The Details:

On July 9, a jury found William Kelly of Ossipee guilty of killing his girlfriend, Christine Falzone, and her preborn child at the home they shared in December 2023. Falzone was between 35 and 37 weeks pregnant at the time of her murder.

According to reports, after Christine's death, authorities found numerous injuries on her body in various stages of healing, indicating a history of abuse. An autopsy revealed she died from multiple blunt force trauma injuries.

“Our thoughts remain with Christine Falzone's loved ones, who have endured an unimaginable loss,” said New Hampshire Attorney General John Formella after the verdict. “We are grateful for our dedicated trial team, the diligent investigators who worked this case, as well as for the careful work of the jury throughout this trial. Domestic violence can have devastating and irreversible consequences, and we hope this verdict provides a measure of justice for Christine and her unborn child.”

Kelly is scheduled to be sentenced in August.

Zoom In:

New Hampshire passed its fetal homicide bill in 2018; in 2024, prosecutors decided to use the law for the first time in charging Kelly for two counts of second-degree murder.

Notably, the law does not apply to all preborn children killed in the womb, but only those at least 20 weeks gestation. This exclusion denies the humanity of preborn children through half of pregnancy.

"If you have someone who lost a baby at 18 weeks, it can’t be prosecuted, and that would be very, very hard to deal with,” former House member Kathleen Souza previously lamented.

A bill attempting to expand the law to include all preborn children failed in the state House earlier this year.

Why It Matters:

There are two victims when a pregnant woman is killed — the mother and her preborn child. Yet not every state recognizes that child as a homicide victim. In 2023, the family of a pregnant woman killed in Connecticut was disheartened to learn that her alleged murderer faced just one murder charge, not two.

“I think they should give him double homicide. I don’t know where they were going with one because those were two people," said one family member at the time.

New Hampshire has made strides in recognizing that some preborn children can be murder victims, but a preborn baby at 19 weeks — or even 1 week — gestation is no less human than one at 20 weeks. A person's value does not depend on his or her age or size. All humans deserve protection from the moment of conception.

The Bottom Line:

Pro-life groups in the state are encouraged that the law recognized both Christine Falzone and her child as victims.

"While we mourn these two lives cut short, we are comforted that the justice system stood up for both Christine and her unborn child today in New Hampshire," said Jason Hennessey, President of NH Right to Life. "Our hope is that in light of this tragedy, Granite Staters will more fully value and want to protect human life, both born and preborn."