Felony Rule in USA Murder

Hi there,

If a complex homicide case, involving complications with the human alive rule and transferred intent, the Connecticut Court held the Defendant was liable for murder. They didn't however invoke the felony murder rule. Can anyone think of any reasons why they didn't? The defendant was sentenced to the death penalty regardless.

Case facts:

State v. Courchesne (2010), the defendant stabbed Demetris Rodgers to death while she was pregnant; (2) she died at the hospital but her baby was born alive; and (3) the baby lived for 42 days before dying. The defendant was convicted of one of the crimes under the capital felony statute that makes a defendant eligible for the death penalty: "murder of two or more persons at the same time or in the course of a single transaction. " After conviction of a capital felony, the court holds a sentencing hearing where the jury considers statutory aggravating factors and mitigating evidence to decide whether to impose a death sentence. At issue in this case was the aggravating factor that "the defendant committed the offense in an especially heinous, cruel, or depraved manner. " The court considered whether that aggravating factor had to be proven as to both murders or only one in order to make the defendant subject to the death penalty.