Brody’s law counts unborn child in fatal fire charges

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MADISON COUNTY, Ala. (WHNT) - In the eyes of the law, the unborn child of Kristen Chambers Henderson, one of four bodies pulled from a fatal fire, will count as another life as her husband and his other wife face capital murder charges.

"In any case, if someone kills a woman, and she is pregnant, then that is killing two people," explained Bob Becher, chief trial attorney with the Madison County District Attorney's Office.

That alone qualifies for capital murder charges. The change came with Brody's Law in 2006, which came about after a pregnant Marshall County woman was shot to death.

"Up until that point, a person for that statute had to be someone who had been born," said Becher.

So a pregnant woman would only count as one death. But now, the definition of a person was changed to include an unborn fetus.

"Since 2006, an unborn child, regardless of stage, is considered a person with regard to homicides," said Becher.

So whether a woman is in her first or final month of pregnancy, the law could count that unborn child as additional life taken.