They can't even prove a crime was committed?

Then investigators need to find out how old the other pre-term infants were when they died, when they died - and whether Freeman or someone else was responsible for their dying before birth.

The timing in Freeman's case is critical. If the pre-term infants were too young to be considered viable outside the womb, Freeman can't be charged with murder. And if they were old enough to live outside the womb, but died before Maryland passed its 2005 fetal homicide law, it may not be a crime even if Freeman caused their deaths.

The law, designed to penalize those who kill a pregnant woman or her viable fetus, includes a provision shielding pregnant women from prosecution for actions that result in their own fetus's death.

Todd, the prosecutor, has said little about how he plans to proceed. He told reporters Monday that the state "will have to prove beyond a reasonable doubt that she did something to cause that baby to be stillborn."

Read the rest in The Sun Herald.