PIKEVILLE, Ky. — A highway crash that killed a pregnant mother and her unborn daughter may revive the legal debate in Kentucky about when a fetus becomes a baby.

        Troy Thornsbury of Kimper was driving to Pikeville Methodist Hospital on March 25 with his wife, Veronica Jane Thornsbury, who was in labor and ready to deliver their second child. Halfway there, their car was struck in the passenger side by a pickup truck driven by Charles Christopher Morris.

        A doctor performed a Caesarian section at the accident scene some 10 to 15 minutes after the mother stopped breathing. The infant was stillborn.

        Mr. Morris, 28, of Zebulon, has been charged with two counts of murder — one for the death of Veronica Thornsbury, 22, the other for the baby in her womb.

        Under current Kentucky law, prosecutors have difficulty pursuing a murder charge in the death of an unborn baby. The state Supreme Court ruled in 1983 that the death of a fetus could not result in a murder charge because the law does not define a fetus, even a viable one, as a person.

        News organizations that have covered the tragedy already have experienced the quandary a judge and jury are likely to face in the case.

        The Appalachian News-Express of Pikeville published a color photograph of the deceased infant, named Haley Natosha Thornsbury. The newspaper referred to her as an unborn baby in its news stories.

        The Lexington Herald-Leader, on the other hand, referred to the stillborn infant as a fetus.

        But for many residents in this eastern Kentucky town, there is no question, especially after seeing the photo of the dead infant dressed in pink and wrapped in a blanket: Haley clearly was a baby, not a fetus.

        “The picture bears testimony to the fact that she's a baby,” said the Rev. Paul Badgett, pastor of First Baptist Church in Pikeville. “What that precious mother was carrying in her womb was life. I think even people on the other side of the pro-life argument would agree that was a baby.”

        David Gross, editor of the News-Express, said the decision to print the photo, provided by the family, was not an easy one.

        “We finally concluded that the photograph's powerful content perfectly captured the emotion of the event, putting a human face on the debate over whether Haley Natosha was a fetus or a baby,” he said. “Based on that conclusion, we decided it was essential we include the photograph in our coverage.”

        Pamela Luecke, editor of the Herald-Leader, said the first story her newspaper ran about the accident used the word baby. Fetus was used in subsequent articles because the unborn child never breathed outside the womb.

        “It certainly was a tough call,” Ms. Luecke said. “It was an extraordinary situation.”

        Tony Turner, news director of WYMT-TV in Hazard, said his station didn't use fetus because the mother was in labor.

        Kentucky State Police Detective Eddie Crum said he filed the murder charges because Mr. Morris, who was arrested two days after the wreck, was allegedly speeding and had allegedly disregarded the traffic light.

        Mr. Morris has been arrested once for driving under the influence of drugs and cited four times for speeding since 1997, according to court records. In addition, the records show he was charged five times with spousal abuse, and four times with theft by deception in connection with bad checks.

        Mr. Morris, the son of Pike County Coroner Charles Morris, pleaded not guilty to the murder charges last week. Detective Crum said he made an additional charge of assault against Mr. Morris on Monday for the injuries to Troy Thornsbury.

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