I disagree. If the prosecutor plays some game with whether this baby was technicality born, having been removed from his mothers body prior to being killed, he would only be blunting public outrage. The topic of whether assaulting a pregnant woman and killing her baby constitutes murder has been voted on recently here in Colorado and the communists told us resoundingly that no it does not. If it comes to a vote again people need to be able to point to this poor woman and her baby.
This is a distinctly different crime from murdering a baby in the womb. The killer murdered a baby after removing that baby from the womb, and that is felony murder, no word games required. We also need the laws you advocate, but this particular murder is not evidence in support of that need.