Mark Hacking was arrested for investigation of one count of aggravated murder in the death of his wife, Lori.

But Salt Lake City police Chief Rick Dinse said Monday that Lori's pregnancy was not the aggravating circumstance.

"At this point and time the pregnancy has not had anything to do with those charges," he said.

Under article 76-5-202 of the Utah Code, a charge of aggravated murder can be filed based on several factors including if "two or more persons were killed or during which the actor attempted to kill one or more persons in addition to the victim that was killed."

University of Utah law professor Erik Luna said that second person could include "an unborn child at any stage of development."

Lori's pregnancy would seem to be the obvious reason for a charge of aggravated murder, he said. And there's still a chance that's the factor on which the Salt Lake District Attorney's Office could base a charge.

"The charging document doesn't lay out the aggravated factors. They haven't boxed themselves in," Luna said.

As of Monday, Hacking had not been formally charged in 3rd District Court. Also, the probable cause statement filed in connection with his arrest at the Salt Lake County Jail did not specify an aggravating circumstance.

Another possible reason for the aggravating circumstance could be that "the homicide was committed for pecuniary or other personal gain," according to the Utah Code.

Luna said that in this case the "personal gain" circumstance could be a bit of a stretch if the murder was committed by Mark to cover up his falsehoods about his schooling.

Another factor for aggravated murder is if "the homicide was committed for the purpose of avoiding or preventing an arrest of the defendant." And yet another is if "the homicide was committed in an especially heinous, atrocious, cruel or exceptionally depraved manner, any of which must be demonstrated by physical torture, serious physical abuse or serious bodily injury of the victim before death."

Police Monday released few details about Lori Hacking's death, including the murder weapon that they believe was used.

Luna said the pregnancy circumstance would be the easiest to prove because any of the others would require prosecutors to "make some strong legal arguments," he said.

Luna expected there would be a lot of talking between the district attorney's office and police over the coming days and a lot of sharing of information before prosecutors decide whether to pursue the death penalty against Mark Hacking.

But also during the next few days and weeks, more forensic evidence should start rolling in and Lori's body might be found. All of those factors will only make the state's case stronger, he said.

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E-mail: preavy@desnews.com