Ossipee double murder trial opens

OSSIPEE — The second-degree murder case of an Ossipee man accused of killing his 33-year-old girlfriend and her 8-month-old fetus in 2023 opened Monday. His first trial ended in a mistrial in November.

William Kelly's case is the first time someone has been charged with murder in connection with the death of a fetus in New Hampshire under a 2018 law, according to the state Attorney General’s Office. He is also charged with the murder of his then-girlfriend, Christine Falzone, 33.

The case was heard before a jury consisting of nine men and five women. The jury box has 14 people, with two serving as alternates in case jurors aren’t able to stay through the trial. Judge Mark Attorri presided.

State prosecutor Peter Hinckley said Kelly, 40, beat and ultimately murdered Christine Falzone in their rental home at 332 Water Village Road on Dec. 17, 2023. Hinckley said her body was covered in bruises and she had massive internal bleeding.

“This case is about deadly domestic violence. Physical abuse occurring behind a closed door,” said Hinckley. “This defendant, William Kelly, viciously attacked his girlfriend, who was visibly pregnant, his violent physical abuse took two lives, mother and unborn child, two deaths, for which he, and he alone, is responsible.”

The pair lived isolated lives together in a “shack” on Water Village Road that was described as being about the size of the jury box.

Hinckley said it’s unclear whether Kelly used a weapon or just his fists and/or feet, but the state doesn’t need to prove exactly how she died to convict Kelly.

“Christine stood about 5 feet tall, and when she died carrying an almost full-term baby, she weighed less than 140 pounds, but Christine’s physical pregnancy did not protect her from his physical abuse,” said Hinckley. “Christine’s pregnancy did not stop him from beating them, ultimately, to death.”

Hinckley said Kelly described Christine as being “clumsy” and worried that people would think he beat her and that he’d lose custody of his dog, Chance.

Public defender Katherine Canny said Kelly has no idea what happened to Christine and simply discovered Falzone unconscious and bleeding on the floor of their modest home and tried to save her. She stressed he called 911 and followed the dispatcher’s first-aid instructions.

“This case is about a rush to judgment,” said Canny. “They judged first, they pointed the finger at William Kelly, and they built a case around that judgment, a case cobbled together not by evidence but by a story, a story that they will feed you of an evil man.”

Canny said that when Kelly was on the phone with the 9-1-1 dispatcher, he was only guessing what might have happened. She said perhaps Falzone fell or had a medical complication associated with the pregnancy that caused her to bleed internally and bruise. When first responders attempted to save Falzone, Kelly was “distraught” and kept asking them if she is going to live.

The lawyers disagreed about how much weight to give the autopsy.

Hinckley said Chief Medical Examiner Dr. Mitchel Weinberg’s autopsy clearly shows Falzone was beaten to death, but Canny said Weinberg lacked experience with deceased pregnant women.

Christine’s father, Dominic Falzone, was the first prosecution witness on the stand. He said she was a happy-go-lucky person adding Christine worked as a medical assistant and that she was helpful at family gatherings. “She lived to please people.”

Christine Falzone met Kelly at a drug treatment program, said Dominic Falzone. He said Kelly would not let him approach the house. He said that Christine told him she was pregnant in March or April, but he wasn’t sure whether the pregnancy was still viable when he saw her for the last time in November before Thanksgiving. She wore baggy clothes, and it was unclear whether she was pregnant, he said.

Last Nov. 10, Attorri declared a mistrial in the first trial following testimony by Trooper Charles Brooks, which he said, combined with earlier testimony from emergency medical responders, compromised the fairness of the trial.

The case is scheduled to continue today, Wednesday, Thursday and Friday. Each trial day will start around 10 a.m.