Personally I believe abortion IS murder but that's a whole other debate.
I would think that he was charged with murder with the death of his unborn, almost full term child b/c he intentionally murdered his wife which in turn resulted in the death of his child, which he knew full well it would do. It was not his wifes choice for the child to die and with abortion it is legally the mothers choice (which is sometimes brought on by the urging of the father but she still has the choice to do it or not).
Also, I believe (correct me if I'm wrong) that in most places (if not all) abortion is illegal after the second trimester, unless medically necessary. Laci Peterson was almost 8 months pregnant and technically that child would have most likely survived if born on or around the time that she died as he was fully developed.
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