The boyfriend of a pregnant Howard County teacher found dead last month will not be charged in the death of the baby. Investigators found Wallen's body September 13 in a shallow grave in Damascus.
Medical examiners conducted an autopsy on the fetus and found "the child was not viable independent of Ms. Wallen", McCarthy said.
McCarthy said prosecutors are considering whether to seek life without the possibility of parole in Wallen's death.
"Based on those findings and as a matter of law in Maryland, the defendant is not chargeable with a second count of murder, related to the child", said McCarthy. She did not show up for the first week of school.
Prosecutors believe the love triangle between Wallen, Tessier and his fiance was the probable motive behind the killing. Two days before charging Tessier, police, in a calculated decision, invited him to the conference where he pleaded for Wallen's safe return. According to charging documents, he admitted to moving Wallen's vehicle and getting rid of her phone and driver's license. Wallen's attempt to get in touch with the fiance may have also played a role in her murder. Wallen sent a text to her best friend saying that Tessier had taken her to a field and she didn't know why.
Tessier is scheduled to appear in court for a preliminary hearing Friday morning.
"At the time of trial we'll be talking about the motive, I think it would inappropriate at this time", McCarthy said.