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  • Updated
    17
    May
    2013
    3:46pm, EDT

    Judge blocks Arkansas' tough new abortion law

    U.S. District Court via AP file

    U.S. District Judge Susan Webber Wright said Friday, May 17, that Arkansas' law probably wouldn't pass constitutional muster.

    By M. Alex Johnson, staff writer, NBC News

    A federal judge barred Arkansas from implementing one of the nation's most restrictive abortion laws Friday, calling it "more than likely unconstitutional."

    The law, which the Legislature enacted over Gov. Mike Beebe's veto in March, makes abortions illegal after only 12 weeks of pregnancy. It's scheduled to take effect in August.


    At a hearing Friday in Little Rock, U.S. District Judge Susan Webber Wright granted a temporary injunction sought by the American Civil Liberties Union and the Center for Reproductive Rights, which argued that doctors who provide abortions would suffer "irreparable harm."

    Wright said the 12-week standard criminalizes some abortions before the generally accepted medical standard of viability for a fetus, which is 24 weeks.

    "The Supreme Court has consistently used viability as a standard with respect to any law that regulates abortion," Wright said. "This act defines viability as something viability is not."

    Wright didn't rule on the constitutionality of the new law itself, dubbed the Arkansas Human Heartbeat Protection Act (.pdf).

    But in a clear signal of how she was leaning, she said the 12-week standard criminalizes some abortions before the generally accepted medical standard of viability for a fetus, which is 24 to 28 weeks, while "the Supreme Court has consistently used viability as a standard with respect to any law that regulates abortion."

    "This act defines viability as something viability is not," she said.

    Josh Mesker, a spokesman for the nonprofit Arkansas Family Council, told NBC News the ruling was "disappointing, but it's not unexpected."


    Follow @NBCNewsUS

    Mesker said the ultimate aim is to get the law before the U.S. Supreme Court, where "we expect to prevail" in a direct challenge to Roe v. Wade, the 1973 ruling that legalized most abortions across the U.S.

    "It's not outside the realm of possibility for the current Supreme Court to readdress Roe v. Wade in a way that leans toward our position," he said.

    Talcott Camp, deputy director of the ACLU's Reproductive Freedom Project, ridiculed the law as "an extreme example of how lawmakers around the country are trying to limit a woman's ability to make the best decision for herself and her family."

    "These laws are designed with one purpose — to eliminate all access to abortion care," Camp said in a statement.

    That was a reference to similar anti-abortion measures recently approved in North Dakota, Kansas and Mississippi. The North Dakota law, which was also passed in March, is the toughest in the U.S., banning abortions after only six weeks.

    Watch US News videos on NBCNews.com

    In the Arkansas case, the ACLU and the Center for Reproductive Rights are representing Tom Tvedten, medical director of Little Rock Family Planning Services, which provides abortions, and Louis J. Edwards, a gynecologist at the clinic.

    In the suit, filed last month against the State Medical Board, they argue that the new law "presents physicians in Arkansas with an untenable choice: to face license revocation for continuing to provide abortion care in accordance with their best medical judgment, or to stop providing the critical care their patients seek."

    Wright rejected the state's motion to dismiss the case Wednesday, citing Supreme Court rulings that Roe v. Wade drew a line saying abortions generally could be banned only upon a fetus' "attainment of viability."

    Anticipating just this sort of legal wrangling, Beebe, a Democrat, vetoed the measure in March, saying that defending a "blatantly unconstitutional" law would be crushingly expensive for the state.

    Related:

    Abortion doctor Kermit Gosnell convicted of first-degree murder

    'Fundamental culture change' on abortion: Conservatives make gains on restrictions

    This story was originally published on Fri May 17, 2013 3:04 PM EDT

    1875 comments

    At least it's not as bad as North Dakota's law. #Ihatethisstate

    Show more
    Explore related topics: arkansas, abortion, aclu, featured, fetus, weeks, updated
  • 16
    May
    2013
    6:25pm, EDT

    Fla. man tricked pregnant girlfriend into taking abortion drug, feds say

    The 28-year-old son of a Florida fertility doctor has been charged by federal authorities with tricking his girlfriend into taking a pill used to induce labor and cause an abortion, killing the embryo she was carrying. The federal case may have far-reaching implications. WFLA's Jeff Patterson reports.

    By Tracy Connor, Staff Writer, NBC News

    The label on the bottle said it contained a common antibiotic, but prosecutors say inside was a drug that's often used to induce abortions.

    Remee Jo Lee, 26, was six weeks pregnant when her boyfriend gave her a pill he said was prescribed by his father, a Florida fertility doctor, to treat a bacterial infection, according to court papers.

    Lee says she trustingly swallowed the pill, and within hours started bleeding. She went to the hospital, where she had a miscarriage and learned that her boyfriend had tricked her into terminating her pregnancy, her lawyer alleges.

    Now the ex-boyfriend, John Andrew Welden, 28, is in county lockup, facing a civil lawsuit and a murder rap.

    A federal indictment unsealed Thursday charged Welden with product-tampering and first-degree murder under the Unborn Victims of Violence Act, charges that could carry a life sentence. 

    Courtesy of Gil Sanchez

    Remee Jo Lee says her boyfriend tricked her into taking an abortion pill and she miscarried at six weeks.

    The lawyer who represented him at an initial appearance Wednesday did not return a phone call but said in court that the allegations were out of character for his client, according to The Associated Press.

    In a civil complaint and statement, Lee's attorney described how an eight-month romance turned toxic when his client became pregnant in February.

    Lee "was anticipating motherhood with great joy and excitement," but Welden begged her not to go through with it, lawyer Gil Sanchez said in a press release. 

    "Everyone dreams of becoming a mom. This was my chance," Lee told told Tampa's WFTS-TV.

    In late March, Welden took Lee to his father's Lutz, Fla., clinic for a prenatal examination, including a sonogram and blood and urine samples that confirmed a healthy pregnancy, Lee's lawsuit says.

    The next day, Welden told Lee that his father had diagnosed her with an infection and prescribed Amoxicillin, the antibiotic, the suit charges.

    In reality, the doctor's son had forged a prescription for Cytotec, an ulcer drug that can be used for non-surgical abortions because it causes contractions, Lee's lawyer said.

    "He came to my house with the pills, his weapon of choice," Lee told WFTS.

    "He told me to keep taking them. I was supposed to take three a day for days."

    Welden later admitted to Lee that he had fooled her, the suit claims. It describes his actions as "outrageous, beyond the bounds of decency and utterly intolerable."

    The suit seeks unspecified damages in excess of $15,000.

    "We may soon be seeking redress for Lee against others who may have some degree of liability for this heinous act," Sanchez said, without identifying anyone.

    Welden, who worked at his father's clinic but was not a doctor, is the only person charged with a crime. Workers at the clinic declined to comment.

     

     

     

    748 comments

    six week pregnancy= attempted murder? Really? Yeah the guy is a complete Ahole for doing this to her, but perhaps we need to think of the bigger picture.

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    Explore related topics: abortion, florida, crime, pregnancy, cytotec, remee-lee, andrew-welden
  • 15
    May
    2013
    12:10pm, EDT

    Juror on Kermit Gosnell: He just sat there 'smirking'

    Jack McMahon, the attorney for abortion doctor Kermit Gosnell who was found guilty of first degree murder, criticized the media's "lynching" of his client, saying "Nobody ever gave him, in the media, a fair shake."

    By Tracy Connor, Staff Writer, NBC News

    Jurors who convicted Philadelphia abortion doctor Kermit Gosnell of first-degree murder said Wednesday it was wrenching to sift through the gruesome evidence that he delivered three babies alive and then killed them.

    “It was business as usual for him,” juror David Misko told reporters outside the courthouse where Gosnell was sentenced to a third life term as part of a deal that allowed him to avoid the death penalty.

    The panel deliberated 10 days before finding Gosnell guilty of three counts of first-degree murder for snipping three babies’ spinal cords after botched late-term abortions, along with more than 200 lesser charges.

    The three jurors who spoke Wednesday said photos of the babies were the most compelling, and sickening, evidence.

    Juror Sarah Glinski said that because she does not have children, she was able to emotionally detach to some degree, but the photos forced her “to admit that this kind of evil exists in this world.

    ”Misko said it was also difficult to look at Gosnell, 72, in the courtroom.

    “He just sat there for the past eight weeks, smirking,” he said.

    Two of the jurors said they believed Gosnell had opened his clinic in the poor West Philadelphia neighborhood intending to help young women in dire straits, as the defense contended.

    “I think somewhere, something went wrong perhaps in his mind that made him do these things to these children that were born alive,” said Glinksi.

    Juror Joseph Carroll said he believed that over the years the clinic became an assembly-line operation.

    Dr. Kermit Gosnell and his lawyer, John McMahon, before Judge Jeffrey Minehart, in Philadelphia, on May 15.

    “He started out as a good practice doctor but eventually just became a money-generating machine,” Carroll said.

    Carroll feels Gosnell wasn’t the only one to blame, saying women who had gone to the clinic knowing they were more than 24 weeks pregnant should have been charged, too.

    “I really believed that they didn’t care,” he said. “They didn’t want a child and they found a service that was going to rectify that situation.

    "Gosnell could have faced the death penalty for the babies’ deaths, but in a last-minute deal with prosecutors, he agreed to waive his right to appeal in exchange for life without parole on two of the first-degree murder counts.

    On Wednesday, he was sentenced to a third life term for the third baby’s death, as well as the death of a 41-year-old patient who overdosed on anesthesia and dozens of other lesser charges.

    His defense lawyer said he was convicted in the public’s mind before trial because of a grand jury report that described the clinic as a “house of horrors” splattered with blood, staffed by unlicensed workers and filled with broken-down equipment.

    McMahon said Gosnell cut a deal with prosecutors to avoid putting his six children through a death penalty phase, not because he believes he committed a crime.

    "Dr. Gosnell truly believes in himself and things he's done but at this point, the jury has spoken ... He's resigned and accepted his fate,” McMahon said.

    McMahon said Gosnell knows he “bent the rules” by performing abortions after 24 weeks of pregnancy, which is prohibited under Pennsylvania law, and admits to other mistakes.

    “He recognizes he did things wrong," he said.

    But his client, he said, is not a murderer."He believes what he did was not homicide. He believes he never killed a live baby," McMahon said.

    "Dr. Gosnell is far from a monster and this was not a house of horrors."Gosnell still faces a federal trial in September on allegations he wrote fraudulent prescriptions for pain pills. McMahon said he "probably" will make a deal on those charges.

    415 comments

    Its beyond ironic that such a prolific baby killer actually has kids of his own.

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    Explore related topics: abortion, trial, philadelphia, kermit-gosnell
  • 14
    May
    2013
    6:53pm, EDT

    Abortion doctor Kermit Gosnell spared death sentence

    In this undated photo released by the Philadelphia District Attorney's office, Dr. Kermit Gosnell is shown.

    By Becky Bratu, Staff Writer, NBC News

    Former Philadelphia abortion doctor Kermit Gosnell, who was found guilty of first-degree murder, was spared the death sentence Tuesday after he agreed to forgo an appeal.

    The Philadelphia District Attorney's Office agreed to two life sentences without the possibility of parole in exchange for not appealing.

    Prosecutors had sought the death penalty, but Gosnell's age would have made it unlikely he would be executed before his appeals ran out.

    Gosnell, 72, was convicted Monday of three counts of first-degree murder for the death of three babies that prosecutors said were delivered alive and subsequently killed. He was convicted of other charges as well, including infanticide, manslaughter, conspiracy and running a corrupt organization, NBCPhiladelphia.com reported.

    The verdict was announced on the 10th day of deliberations, capping a two-month trial that featured grisly testimony about botched late-term abortions and became a flashpoint for both sides in the national abortion debate.

    Gosnell was sentenced Tuesday for the deaths of two of the babies. He will be sentenced on the remaining charges, including the death of the third baby, on Wednesday.

    Related:

    Abortion doctor Kermit Gosnell convicted of first-degree murder

    477 comments

    when will abortion be recognized as the holocaust that it is?

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    Explore related topics: abortion, philadelphia, crime, featured, gosnell
  • Updated
    14
    May
    2013
    12:12am, EDT

    Abortion doctor Kermit Gosnell convicted of first-degree murder

    Philadelphia Police Department via AP file

    Dr. Kermit Gosnell

    By Tracy Connor, Staff Writer, NBC News

    Philadelphia abortion provider Kermit Gosnell was convicted Monday of three counts of first-degree murder for the death of three babies that prosecutors said were delivered alive and subsequently killed.

    Gosnell, 72, could face the death penalty when the jury reconvenes for the sentencing phase next week.

    "He's disappointed and he's upset," defense lawyer Jack McMahon said of his client, who appeared calm in the courtroom.


    Gosnell was acquitted of one count of first-degree murder in a fourth abortion, NBCPhiladelphia.com reported.

    The jury also found Gosnell not guilty of third-degree murder but guilty of involuntary manslaughter in the death of Karnamaya Mongar, a 41-year-old woman who died after an anesthesia overdose during a 2009 abortion.

    Gosnell was convicted of a host of other charges, including infanticide, conspiracy and running a corrupt organization, NBCPhiladelphia.com reported.

    Defense attorney Jack McMahon tells reporters that Dr. Kermit Gosnell is upset over the murder verdicts against him, but that the jury did its work by dismissing the other murder charges.

    The verdict was announced on the 10th day of deliberations, capping a two-month trial that featured grisly testimony about botched late-term abortions and became a flashpoint for both sides in the national abortion debate.

    Many of the 250-plus counts were tied to violations of state abortion law, which prohibits terminating pregnancies after 24 weeks.

    The most serious charges stemmed from allegations that Gosnell delivered babies alive during late-term abortions and then snipped their spinal cords or directed underlings to do it.

    "It was literally a beheading," unlicensed medical-school graduate Stephen Massof, who worked at Gosnell’s clinic, testified during the trial. "It is separating the brain from the body."

    The defense denied that any of the births were live and said that Gosnell used drugs to stop the fetuses' hearts before they were delivered. Three counts of first-degree murder were dismissed during the trial for lack of evidence the fetuses were alive.

    McMahon said Gosnell got a "fair trial," and noted that the case started with eight counts or murder and ended with convictions on three. "We have to deal with that," he said.

    Jury finds Philadelphia abortion doctor Kermit Gosnell guilty of three counts of first-degree murder for the death of three babies that prosecutors said were delivered alive and subsequently killed. NBC News' Chris Clackum reports.

    Asked whether he might be able to make a deal with prosecutors to avoid the death penalty if he drops any plan to appeal, McMahon said "that's always a possibility."

    Gosnell had no comment as he was brought out of the courthouse after changing from a suit into jailhouse garb.

    After a 2010 raid of the clinic, prosecutors charged nine workers, including his wife, with crimes ranging from perjury to murder. Eight pleaded guilty and a number took the stand against Gosnell.

    At the trial, Gosnell's co-defendant Eileen O'Neill was found guilty of conspiracy to commit corruption and theft by deception for deceiving patients and insurance companies by pretending to be a licensed physician.

    The allegations against Gosnell were detailed in a 300-page grand jury report that described his clinic as a filthy house of horrors full of broken-down equipment, splattered with blood, and staffed by unlicensed employees who did much of the medical work.


    Follow @NBCNewsUS

    Aborted fetuses and their body parts were stockpiled in cabinets and freezers, in plastic bags, bottles, even cat-food containers. Jars with severed feet lined shelves, prosecutors said.

    "It was a baby charnel house," the grand jury report said.

    Trial testimony was often graphic or disturbing.

    One employee testified that after Gosnell snipped the neck of a fetus delivered at 30 weeks, he joked it was big enough to "walk to the bus stop."

    Massof said that so many women were given abortion-inducing drugs at once that "it would rain fetuses ... fetuses and blood all over the place."

    Abortion opponents seized on the allegations against Gosnell as evidence that abortions are unsafe, while abortion-rights advocates argued that restricting access to abortion would drive women to unscrupulous clinics like the one he ran.

    Arthur Caplan, the head of the Division of Medical Ethics at NYU Langone Medical Center and an NBC News contributor, criticized authorities for taking so long to shut down the clinic but said his conviction "does not resolve much concerning abortions in America."

    "If there are women who seek to end pregnancies late in fetal development, there will be other Gosnells who will crawl out to ‘help’ them," Caplan said.

    "The real solution to preventing future Gosnells is to make contraception widely available and put as few obstacles as possible between women and emergency contraception.”  

    NBC News' Linda Dahlstrom contributed to this report.

    This story was originally published on Mon May 13, 2013 5:42 PM EDT

    1645 comments

    Jackhammer, the only thing we'll be angry about is that there will be a bunch of scumbags on the Left who will still try to defend this douchebag and justify his illegal actions in the name of "reproductive rights!" It's funny how the Left will endlessly defend rights not specified in the Constitut …

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  • 9
    May
    2013
    10:41am, EDT

    Jury resumes deliberations in Philadelphia abortion-provider case

    By Dave Warner, Reuters

    A Philadelphia jury started its eighth day of deliberations on Thursday in the murder trial of a doctor accused of killing babies and a patient during late-term abortions at a clinic that served low-income women. 

    AP

    A Philadelphia jury entered its eighth day of deliberations on Thursday in the case of Dr. Kermit Gosnell, charged with five counts of murder.

    Dr. Kermit Gosnell, 72, who ran the now-closed Women's Medical Society Clinic, could face the death penalty if convicted by the jury in Common Pleas Court in Philadelphia. 

    The seven-woman, five-man jury heard five weeks of testimony before starting deliberations on April 30. 

    The seventh day of deliberations, during which jurors heard testimony they had requested be read back to them, ended on Wednesday with no verdict. The jury resumed discussions at 8:30 a.m. on Thursday, its eighth day of deliberations. 

    Gosnell is charged with four counts of first-degree murder for delivering live babies during late-term abortions and then deliberately severing their spinal cords, prosecutors said. 

    It is legal in Pennsylvania to abort a fetus up to 24 weeks into a pregnancy. Gosnell also faces charges that he performed 24 abortions beyond 24 weeks in term. 

    Gosnell's defense contends there is no evidence the babies were alive after they were aborted. 

    Testimony depicted a filthy clinic, serving mostly low-income women in a largely black community. 

    Gosnell also is charged with murdering Karnamaya Mongar, 41, of Virginia, who died from a drug overdose after going to him for an abortion, prosecutors said. 

    Gosnell has been in jail since his January 2011 arrest. Eight other defendants have pleaded guilty to a variety of charges and are awaiting sentencing. They include Gosnell's wife, Pearl, a cosmetologist who helped perform abortions. 

    Copyright 2013 Thomson Reuters. Click for restrictions.

    59 comments

    Amazed how MSNBC has tried to "cleanse" this story or hide it all together. This man is a "butcher" like a plot from a horror movie.

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  • 30
    Apr
    2013
    3:40pm, EDT

    Jury deliberations begin in Philadelphia doctor murder trial

    By Dave Warner, Reuters

    Yong Kim / Philadelphia Daily News via AP

    Dr. Kermit Gosnell in 2010.

    PHILADELPHIA — Jury deliberations began on Tuesday in the murder trial of a Philadelphia doctor accused of killing babies and a patient during botched late-term abortions at a clinic serving low-income women.

    Dr. Kermit Gosnell, 72, who ran the now-shuttered Women's Medical Society Clinic, could face the death penalty if convicted by the jury in Common Pleas Court in Philadelphia.


    The case focuses on whether the infants were born alive and then killed.

    The seven-woman, five-man jury began deliberations early in the afternoon on Tuesday after receiving instructions for about an hour and a half from Judge Jeffrey Minehart. The trial is in its sixth week.

    The charges against Gosnell and nine of his employees have added more fuel to the debate in the United States about late-term abortions. 

    It is legal in Pennsylvania to abort a fetus up to 24 weeks into a pregnancy. Other states have recently put new restrictions on abortions, with Arkansas banning them at 12 weeks and North Dakota at six weeks.

    Gosnell is charged with first-degree murder for delivering live babies during late-term abortions and then deliberately severing their spinal cords, prosecutors said.

    His defense contends there is no evidence the babies were alive after they were aborted.


    Follow @NBCNewsUS

    Defense lawyer Jack McMahon, in his closing argument on Monday, cited testimony by Medical Examiner Sam Gulino, who said none of the 47 babies tested randomly from the West Philadelphia clinic had been born alive.

    "You may not like that evidence, but it is the evidence," McMahon said.

    Assistant District Attorney Edward Cameron said in his closing argument that witnesses testified that one of the aborted babies was breathing before its neck was cut, another made a whining sound and another moved its arms and legs.

    "You have three witnesses who saw a baby breathe and move, and he killed it," Cameron said.

    The clinic that prosecutors call a "house of horrors" has been cited as powerful evidence by both abortion and anti-abortion rights groups.

    Reverend Frank Pavone, director of the anti-abortion group Priests for Life, said the often gory trial testimony "will change the conversation ... It'll help people engage and make them realize they're not just talking about a theoretical idea."

    Abortion-rights activists said Gosnell was an outlier among predominantly safe and legal abortion providers.

    "Gosnell ran a criminal enterprise, not a healthcare facility, and should be punished to the fullest extent of the law," said Eric Ferrero, a spokesman for the Planned Parenthood Federation of America.

    Testimony has depicted a filthy clinic serving mostly low-income women in the largely black community. McMahon said Gosnell wanted to help the under-privileged community.

    Gosnell is also charged with murdering Karnamaya Mongar, 41, of Virginia, who died from a drug overdose after going to him for an abortion, prosecutors said.

    The defense lawyer said Mongar was given guideline amounts of the drug Demerol as an anesthesia during the abortion, as had hundreds of other women at the clinic.

    Gosnell, who has been in jail since his January 2011 arrest, is being tried along with Eileen O'Neill, a medical graduate student accused of billing patients and insurance companies as if she had been a licensed doctor. Eight other defendants have pleaded guilty to a variety of charges and are awaiting sentencing.

     

     

    Copyright 2013 Thomson Reuters. Click for restrictions.

    345 comments

    If only a fraction of the testimony against this quack is true, he deserves life, at the least.

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  • 29
    Apr
    2013
    3:50pm, EDT

    Defense lawyer says abortion provider is a victim of 'political press fabrication'

    By Erin McClam, Staff Writer, NBC News

    A lawyer for the Philadelphia abortion provider charged with killing four babies born alive said Monday that his client is the victim of a “political press fabrication” and encouraged jurors to separate themselves from the graphic photos they saw at trial.

    Yong Kim / Philadelphia Daily News via AP

    Dr. Kermit Gosnell is seen during an interview with the Philadelphia Daily News in 2010.

    In his closing argument at the trial of Dr. Kermit Gosnell, lawyer Jack McMahon showed photographs of a well-kept waiting room and other parts of Gosnell’s clinic. He said that the clinic was not perfect but was not a criminal enterprise.

    Acknowledging the graphic photos from the case, McMahon said: “When you see pictures of a dead fetus with a hole, it affects you. You have to transcend that.”

    “You’re here to decide whether he’s a cold-blooded, first-degree murderer,” the lawyer said.

    Former employees at the clinic testified that Gosnell taught them to “ensure fetal demise” by snipping the necks after they were delivered.

    Besides the four babies, Gosnell is charged in the death of an adult woman patient whom prosecutors say was killed by an overdose of pain medication he prescribed.

    Gosnell, 72, was initially charged with seven counts of first-degree murder, but the judge threw out three of those counts, ruling that there was not sufficient evidence that they were viable, born alive and then killed.

    McMahon told jurors Monday that none of the other cases resulted in live births, The New York Times reported.

    Prosecutors say Gosnell made millions running what they called a “house of horrors” that provided abortions to women who could not get them elsewhere. He could face the death penalty if convicted.

    A 2011 grand jury report alleges that he was responsible for the deaths of many more viable fetuses but could not be charged because the records had been destroyed.

    The Associated Press contributed to this report.

    85 comments

    The face of abortion or the face of a cold blooded murderer, one in the same. When you can get to the point were killing babies becomes acceptable you end up with sick psychos like him in the world. Hope a you pro-abortionist are happy with yourselves for helping create this kind of monster, good jo …

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  • 16
    Apr
    2013
    11:43am, EDT

    Gosnell murder trial: Grisly testimony of abortions gone wrong

    Philadelphia Police via AP, file

    Dr. Kermit Gosnell, 69, is charged with murder in the deaths of seven babies and one patient.

    By Tracy Connor, Staff Writer, NBC News

    The trial of Philadelphia abortion provider Kermit Gosnell has entered its fifth week, and details of the disturbing, graphic testimony about conditions and alleged atrocities at his clinic are reaching the public and garnering more and more attention.  With many more weeks of testimony likely before jurors decide whether Gosnell is guilty of first-degree murder for allegedly delivering viable newborns and then killing them, here’s a primer on Gosnell, the case and his defense.

    Who is Kermit Gosnell?

    Gosnell, 72, was the owner and only licensed doctor at the Women's Medical Society in Philadelphia’s hardscrabble Mantua neighborhood. The clinic is not far from the middle-class area where he was raised by a gas station operator and a government clerk.

    As a young man, Gosnell was a gifted scholar who attended the University of Pennsylvania and Dickinson College. He earned a medical degree from Thomas Jefferson University but was not certified in obstetrics and gynecology. He was an early advocate of legal abortion and set up shop in his hometown in the late 1970s, The Associated Press reported.

    He has been married three times and is the father of six children.

    What is he charged with?

    Gosnell is charged with capital murder for allegedly killing seven babies who prosecutors say were delivered alive as part of a late-term abortion procedure. He is accused of snipping their spinal cords with scissors after delivery or directing his workers to do it. He could face the death penalty if convicted.

    "It was literally a beheading," unlicensed medical-school graduate Stephen Massof, who worked at Gosnell’s clinic, testified earlier this month. "It is separating the brain from the body."

    Philadelphia District Attorney via AP

    Karnamaya Mongar, shown here with her husband, died after a 2009 abortion at Kermit Gosnell's clinic.

    Gosnell is also charged with third-degree murder in the 2009 death of Karnamaya Mongar, a Nepalese refugee who prosecutors say was killed by an overdose of pain medication prescribed by Gosnell, and he faces a host of lesser charges related to the clinic operation. 

    A 2011 grand jury report alleges that Gosnell was responsible for the deaths of many more viable fetuses but could not be charged because the records had been destroyed. The report also claims that other women died or were injured because of his negligence.

    What is Gosnell's defense?

    The prosecution is still laying out its case, but in opening statements, the doctor's lawyer said Gosnell was the victim of a "prosecutorial lynching."

    Defense attorney Jack McMahon said he will prove that none of the fetuses were born alive, contradicting the testimony of staffers who said they were moving or breathing after delivery.

    He plans to argue that Mongar was doomed by a bronchial condition she did not report and had taken a tuberculosis drug in a possible attempt to self-abort.

    McMahon told the jury that for a high-volume clinic, the complication rate was below average and that Gosnell was providing a crucial service to an impoverished community.

    "Just because the place was less than state-of-the-art doesn't make him a murderer," the defense lawyer said.

    "This is a targeted, elitist and racist prosecution of a doctor who's done nothing but give to the poor and the people of West Philadelphia."

    It's unclear if Gosnell will testify. A gag order in the case prevents both sides from speaking outside the courtroom.

    What else does the grand jury report say?

    The 300-page document describes a horror show where abortions after the 24th week of pregnancy -- illegal in Pennsylvania and many other states -- were regularly performed in a filthy facility that reeked of cat urine, was splattered with blood and littered with unsterile instruments and broken-down equipment.

    Matt Rourke / AP, file

    The Women's Medical Society in Philadelphia.

    Untrained, unlicensed staff performed much of the work, from administering narcotics to severing spinal cords, the report said. Gosnell only showed up in the evenings -- and on Sundays, when he terminated the most-advanced pregnancies with the assistance of his wife, Pearl, the grand jury found.

    Gosnell trained his staff to do ultrasounds a certain way to make fetuses look smaller, but some were breathing and moving when delivered, staff testified. One recalled that after Gosnell snipped the neck of one born at 30 weeks, he joked that it was big enough to "walk to the bus stop." 

    Aborted fetuses and their body parts were stockpiled throughout Gosnell’s clinic in cabinets and freezers, in plastic bags, bottles, even cat-food containers. Jars with severed feet lined shelves, prosecutors said. "It was a baby charnel house," the grand jury concluded. 

    The grand jury and prosecutors allege the motive was profit: They say the clinic took in $10,000 to $15,000 a night, much of it in cash, and the later the pregnancy, the higher the fee charged. Gosnell also charged women a premium for pain medication that would fully sedate them, the report said. They found $250,000 in cash in his home after a raid.

    Is anyone else charged?

    Prosecutors charged nine others who worked at the clinic with crimes ranging from perjury to murder. Eight have pleaded guilty and many of them have testified or are expected to take the stand against Gosnell. 

    Four of them -- Massof, and assistants Adrienne Moton, Sherry West, and Lynda Williams -- pleaded guilty to third-degree murder.

    Gosnell's wife, Pearl, pleaded guilty to performing an illegal late-term abortion.

    Among those not charged is Ashley Williams, the daughter of receptionist Tina Baldwin, who was a 15-year-old high-school student when Gosnell hired her to perform ultrasounds, sedate patients and sit with women while they aborted overnight, the grand jury report said.

    Only one of the workers, unlicensed medical-school graduate Eileen O'Neill, is on trial with Gosnell, facing charges that include false billing and racketeering. She has pleaded not guilty.


    Follow @NBCNewsUS

    What led to Gosnell's arrest?

    Authorities say that in addition to the women’s clinic, Gosnell ran a "family medicine" clinic that had morphed over time into a Oxycontin prescription mill. Gosnell has pleaded not guilty to federal drug charges in that case.

    After the Drug Enforcement Administration and others began looking into the drug allegations, the probe uncovered the details of Mongar's death, the grand jury report said. A February 2010 raid revealed the "deplorable" conditions inside, report said.

    The remains of 45 fetuses were turned over to the medical examiner, and the grand jury said he determined three of them had probably been viable. However, on the stand this week, the medical examiner said he could not be certain any had been born alive and had to estimate how old they were.

    Why didn't authorities find out earlier?

    The grand jury report skewers the Pennsylvania Department of Health for not inspecting the clinic, the Department of State for failing to notice a pattern of disturbing complications emanating from the clinic, and the Department of Public Health for not issuing violations after an inspection. It also faults local hospitals that treated women for complications after abortions for not working to get the clinic shut down.

    The Associated Press contributed to this story

    Demos' Bob Herbert and Buzzfeed's Ben Smith share their thoughts on the politicization of the Gosnell abortion murder trial in Philadelphia. Sen. Chris Murphy joins to discuss the impact this investigation has on abortion and the changing views on this issue.

     

    881 comments

    nbc news is finally covering this event! where have they been over the last two weeks? Shamed into it by the alternatives to the MSM is my guess.

    Show more
    Explore related topics: media, abortion, philadelphia, crime, kermit-gosnell, giosnell
  • 13
    Apr
    2013
    4:30am, EDT

    'Fundamental culture change' on abortion: Conservatives make gains on restrictions

    Sarah Cole / AL.com via AP file

    People opposing and supporting abortion rights demonstrate outside the Alabama Women's Center for Reproductive Alternatives in Huntsville in February.

    By Erin McClam, Staff Writer, NBC News

    When Virginia approved restrictions that could force abortion clinics to close, it joined a rapidly growing list of states that are energizing social conservatives by making it more difficult for women to terminate pregnancies.


    Follow @NBCNewsUS

    Four other states have tightened abortion restrictions in less than two months — part of what abortion-rights groups say is an alarming trend since Republicans swept the 2010 elections. The American Civil Liberties Union on Friday called the Virginia restrictions “excessive and inappropriate.”

    Anti-abortion groups see evidence of a break between the relatively stable politics of abortion at the national level and the action in the states.

    “There’s a fundamental culture change going on,” said Marjorie Dannenfelser, president of Susan B. Anthony List, which supports anti-abortion political candidates. She called the recent restrictions “common-sense, common-ground” measures.

    “The middle ground is exactly where most people are,” she said in an interview. “They want to see clinic regulation. They want to see parental notification. They don’t like late-term abortions.”

    Arkansas legislators, overriding the Democratic governor, banned abortions after 12 weeks of pregnancy. The Kansas legislature blocked certain tax breaks for abortion providers and declared that life begins at fertilization.

    Julie Bennett / AL.com via AP

    Alabama House Speaker Mike Hubbard, back left, Lt. Gov. Kay Ivey, second left, and others applaud as Gov. Robert Bentley signs an abortion clinic regulation bill on April 9.

    Alabama enacted a law last week requiring abortion doctors to have permission to perform the procedure at local hospitals, challenging a practice under which clinics bring in physicians from out of town.

    And in late March, the governor of North Dakota signed the toughest abortion law in the nation — a ban on abortion after a fetal heartbeat is detected, a restriction that even some abortion opponents say is designed to provoke a court challenge.

    “Although the likelihood of this measure surviving a court challenge remains in question, this bill is nevertheless a legitimate attempt by a state legislature to discover the boundaries of Roe v. Wade,” Gov. Jack Dalrymple said.

    In Virginia, the Board of Health on Friday voted 11-2 to require abortion clinics to meet the same architectural standards required of new hospitals. Abortion-rights groups say the standard is clearly designed to be so costly that clinics will have no choice but to close.

    “This is a blatant attempt to impose a backdoor ban on safe, legal abortion care,” said Caroline O’Shea, deputy director of NARAL Pro-Choice Virginia, which supports abortion rights.

    The Guttmacher Institute, a research group that studies reproductive health, reported this week that 694 state provisions on reproduction have been introduced this year, about half of them to restrict abortion.

    Among those are provisions in 14 states seeking to ban abortion before the fetus is viable. In recent years, the institute said, lawmakers had focused on regulating abortion, such as requiring ultrasounds for pregnant women.

    “Legislators this year seem to be focusing on banning abortion outright,” it said.

    Grisly Philadelphia case
    Conservative bloggers, including at RedState and National Review, have lashed out this week at national media organizations for not paying enough attention to the gruesome trial of a Philadelphia abortion provider accused of killing seven late-term fetuses after they were born alive.

    The doctor, Kermit Gosnell, faces the death penalty if convicted. Prosecutors say he killed some of the fetuses by plunging scissors into their necks and snipping the spinal cord.

    Stephen Massof, an unlicensed medical school graduate who worked at the clinic, testified last week that women were sometimes given medicine to speed deliveries and “it would rain fetuses. Fetuses and blood all over the place.”

    The accelerated restrictions on abortion come at a time when Americans have deeply mixed feelings about the procedure.

    An NBC/WSJ poll showed 52 percent of Americans say abortion should be illegal with or without exceptions. Former Gov. Ed Rendell and Republican strategist Chip Saltsman debate what that means for their parties.

    An NBC News/Wall Street Journal poll released Thursday found that 52 percent of Americans believe abortion should be illegal with some or no exceptions, compared with 45 percent who believe it should be legal most or all of the time.

    Those figures have been roughly unchanged over the past decade, although the same poll found in January that only 44 percent believed it should be illegal with some or no exceptions.

    Still, that January poll, timed at the 40th anniversary of Roe v. Wade, the Supreme Court decision that established a limited right to abortion, found that seven in 10 Americans wanted it to stand, the highest figure since 1989.

    Giving ground
    The state restrictions have been enacted while national Republicans have given ground on other cultural issues.

    Two Republican senators have announced support for gay marriage. Republicans are working with Democrats on a way to establish some path to citizenship for undocumented workers.

    And on Thursday, 16 Republican senators joined most Democrats to overcome a threatened filibuster on a bill that would expand criminal background checks for gun sales and toughen penalties for illegal sales.

    Rep. Paul Ryan of Wisconsin, the Republican vice presidential nominee last year, told an anti-abortion group on Thursday that Republicans “need to work with people who consider themselves pro-choice.”

    He also said: “We don’t want a country where abortion is simply outlawed. We want a country where it isn’t even considered.”

    Ilyse Hogue, the president of NARAL Pro-Choice America, pointed out that three dozen governorships will be decided in the 2014 election, and suggested the restrictions passed over the past few weeks would wake up voters.

    “What we’re seeing here is an extreme position about women’s rights that was soundly rejected in the 2012 election at the federal level,” she told MSNBC. “These governors should be watching very, very carefully.”

    Related:

    Kansas lawmakers pass sweeping anti-abortion legislation

    Abortion worker at trial: 'It was literally a beheading'

    North Dakota governor signs toughest anti-abortion package in US

    Arkansas lawmakers approve toughest abortion limits in nation

    3866 comments

    There is no "culture change" here. This is the Teapublican Party fueled by the religious right bullying through unpopular restrictions on abortion in the State Houses. A majority of Americans consider this matter settled long ago and want it left as is.

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    Explore related topics: arkansas, abortion, kansas, virginia, alabama, north-dakota, featured, abortion-clinics, paul-ryan
  • 5
    Apr
    2013
    7:59am, EDT

    Abortion worker at trial: It was 'literally a beheading'

    An undated photo provided by the Philadelphia District Attorney's Office shows a procedure room at the Women's Medical Society in Philadelphia.

    By Karen Araiza and Emad Khalil, NBCPhiladelphia.com

    An unlicensed medical school graduate delivered graphic testimony Thursday about the chaos at a Philadelphia clinic where he helped perform late-term abortions.

    Stephen Massof described how he snipped the spinal cords of babies, calling it, "literally a beheading. It is separating the brain from the body." He testified that at times, when women were given medicine to speed up their deliveries, "it would rain fetuses. Fetuses and blood all over the place."

    Massof, of Pittsburgh, is in prison after pleading guilty to third-degree murder in the deaths of two newborns.

    He is now testifying against his former boss, abortion provider Kermit Gosnell.

    The 72-year-old Gosnell is charged with killing a woman patient and seven babies.

    For more, visit NBCPhiladelphia.com

    Massof testified that his medical degree came from Granada in the West Indies and that he never  completed a medical residency before he began working for Gosnell in the summer of 2003. He initially shadowed Gosnell and within two months, Massof said he was performing gynecological exams on his own.

    By law in Pennsylvania, after a woman's initial visit with an abortion provider, she must wait at least 24 hours and receive counseling before having the procedure. It is also illegal for doctors to perform abortions after a pregnancy has reached 24 weeks, unless the mother's life is at risk.

    Massof testified that he was involved in late-term abortion procedures at the clinic. He said the most extreme case that he witnessed was an abortion at 26 weeks.

    Massof performed ultrasounds and admitted that the clinic's ultrasound machine was manipulated to make fetuses appear smaller and therefore younger.

    Massof says Gosnell was often at his Delaware clinic while he oversaw women going through labor and even delivery. He says some patients were highly sedated or even unconscious, but were not monitored by any medical equipment.

    624 comments

    It amazes me how we piss on ourselves and act all uppity and self-righteous about crimminals who are beheaded in Saudi Arabia and here we routinely execute the most innocent of all.

    Show more
    Explore related topics: abortion, trial, nbcphiladelphia
  • 2
    Apr
    2013
    1:43pm, EDT

    Ohio woman who delivered 'miracle' baby sues over allegedly botched abortion

    By Elizabeth Chuck, Staff Writer, NBC News

    An Ohio woman who feared carrying her baby full-term would endanger her life is suing an abortion clinic after she went there to terminate her pregnancy -- only to find out a week later that the procedure hadn't worked.

    Ariel Knights, 22, of Cuyahoga Falls, has a rare medical condition called uterine didelphys, which means she has a double uterus. She was repeatedly told by a doctor when she got pregnant last year that her life could be threatened due to the fact that the fetus was in the more unstable of her two uteruses, her attorney, James Gutbrod, said from his Akron office.


    Follow @NBCNewsUS

    Going to The Akron Women's Medical Group for an abortion last March was a difficult decision for Knights, but she felt she had to do it to save her life, Gutbrod said. Immediately afterward, she sensed something was wrong.

    "She was having some pain," Gutbrod said. "She was sick, bleeding and miserable."

    Knights, who is engaged and has a three-year-old son who she successfully carried in her other uterus, according to The Akron Business Journal, went to an Akron hospital six days after she had gone in for her abortion. At the emergency room, an obstetric triage doctor performed an internal ultrasound on her, reported The Business Journal.

    “And the look on [the doctor’s] face when he found out, he was like, ‘Oh my goodness, honey, you’re still pregnant,’ ” Knights told The Business Journal. “My fiance and I, we both were kind of in shock.”

    Knights was given the name of a different abortion clinic to go to at that point, her attorney said. But the new abortion clinic -- this one located in Cleveland -- was not interested in "dealing with somebody else's mistake," and refused to perform the abortion, Gutbrod said. Not wanting to go back to the Akron clinic that she believes failed in the first place, she made the potentially life-threatening decision to carry her baby to term.

    Knights' baby daughter was born by C-section on Sept. 20, 2012. She told The Business Journal the 6-pound girl is her "miracle baby."

    Her attorney said they are monitoring the baby's health. 

    "The baby was in the neonatal intensive care unit for five days. As far as we know, the baby is healthy. There have been a couple of issues. At one point she would only turn her head to the left. And then there was some leg and eye twitching. At this point, we don't know whether those are just normal pediatric events or if they have any more significance," Gutbrod said.

    The lawsuit against the medical group alleges doctors were negligent and asks the clinic to cover the medical expenses Knights had to pay throughout her high-risk pregnancy, as well as her lost income. It also makes a claim for the emotional anguish she experienced during the experience. Her lawyer wouldn't comment on the amount they are seeking.

    It's unclear what went wrong with the abortion. Knight's attorney said he did not know if the problems were related to her medical condition. D. Cheryl Atwell, who represents the medical group, wouldn't comment on the lawsuit. 

    "Everything being alleged by Ariel Knights is protected under the HIPAA [Health Insurances Portability and Accountability Act] statute regarding protected medical information," she said.

    Being pregnant with her daughter was "constant stress," Knights said.

    “I can’t explain how I felt. It was just a sense of being overwhelmed, wondering what happened to the baby, wondering what’s happening to me," Knights told The Business Journal. "It was just constant stress."

    443 comments

    I'm sure the "miracle baby" will be well pleased to learn one day how Mommy didn't want it and tried to murder it to save her own life and then sued because it survived.

    Show more
    Explore related topics: ohio, abortion, akron, cuyahoga-falls, uterus-didelphys, ariel-knights
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