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  • 6
    days
    ago

    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.

    414 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
  • 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

    1648 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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  • 24
    Apr
    2013
    6:33pm, EDT

    Defense rests after one day in Philadelphia doctor murder trial

    Yong Kim / Philadelphia Daily News via AP

    Dr. Kermit Gosnell is seen during an interview with the Philadelphia Daily News at his attorney's office in Philadelphia in March 2010.

    By Andrew Rafferty, Staff Writer, NBC News

    Defense lawyers for a Philadelphia-area doctor accused of killing babies — via botched late-term abortions — presented their case and rested without calling any witnesses on Wednesday, handing the high-profile murder trial over to the jury.



    Follow @NBCNewsUS

    Dr. Kermit Gosnell, 72, faces four first-degree murder charges for the mangled abortions, and a third degree murder charge for a woman who underwent an abortion and died at a nearby hospital after being given a lethal dose of pain killers and anesthesia.

    On Tuesday, a Pennsylvania judge dismissed three additional murder charges after Gosnell's defense team argued that it could not be proven some of the infants were alive when born.

    Gosnell could face the death penalty in the case being heard in Common Please Court in Philadelphia.

    Prosecutors dubbed Gosnell's health clinic as a "house of horrors," where they say he repeatedly blundered late-term abortions. Abortions are banned in Pennsylvania after 24 weeks of pregnancy, but the district attorney's office has contended that Gosnell killed babies after they were born.

    Defense attorney Jack McMahon argued that his client administered drugs to stop the fetuses' heart in utero, and employees who testified they saw movement after the infant was born could only have been noticing be involuntary spasms, NBCPhiladelphia.com reported. 

    Eight other former co-workers, including Gosnell's wife, have pleaded guilty and are awaiting sentencing for charges that range from third-degree murder to racketeering. Gosnell has been in prison since 2011.

    Reuters contributed to this report

    6 comments

    What's the problem? I thought it was legal to kill babies. This isn't news; That's why the mainstream media has been ignoring it, right?

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  • 23
    Apr
    2013
    12:54pm, EDT

    Judge drops 3 murder charges against doctor Kermit Gosnell

    Yong Kim / Philadelphia Daily News via AP file

    Dr. Kermit Gosnell is interviewed by the Philadelphia Daily News at his attorney's office in Philadelphia In in 2010.

    By Dan Stamm and Maryclaire Dale, NBCPhiladelphia.com

    It took the prosecution five weeks to present their case against West Philly abortion doctor Kermit Gosnell and it took defense attorney Jack McMahon a couple of hours to knock a big hole through a critical part of their argument.


    Follow @NBCNewsUS

    Three first-degree murder charges were dropped against Gosnell after McMahon argued that "there is not one piece...of objective, scientific evidence that anyone was born alive" at Gosnell's clinic.

    Prosecutors have argued that the babies were viable and that Gosnell and his staff cut them in the back of the neck to kill them.

    Gosnell was originally charged with eight counts of murder. Seven first-degree murder charges are for accusations that he killed seven newborns. The third-degree murder charge is for the 2009 death of Karnamaya Mongar, a 41-year-old Bhutanese refugee prosecutors say received lethal doses of sedatives and painkillers at the clinic while awaiting an abortion.

    Read more at NBCPhiladelphia.com

    He also is charged with violating Pennsylvania abortion law by performing abortions after 24 weeks, operating a corrupt organization and other crimes. Gosnell was originally charged with seven counts of first degree murder.

    Gosnell, 72, still faces five remaining murder charges and the possibility of the death penalty if convicted of any of the first-degree cases.

    Judge Jeffery Minehart has not explained the reasoning behind today's rulling.

    Former staffer Eileen O'Neill is also on trial. The 56-year-old Phoenixville woman is charged with practicing medicine without a license, and taking part in a corrupt organization. Six of the nine theft by deception charges she faced were dropped today as well because the prosecution didn't present any witnesses to support those charges.

    The investigation into Gosnell's clinic began in February 2010 with agents from the Drug Enforcement Administration and the FBI who were conducting two raids on Gosnell's clinic in search of drug violations. Instead, they stumbled upon "deplorable and unsanitary" conditions, including blood on the floor and parts of aborted fetuses in jars. State regulators followed up with their own investigation, shutting down the Women's Medical Society clinic at 3801 Lancaster Avenue in West Philadelphia and suspended Gosnell'slicense.

    The case then went to a grand jury. Their nearly 300-page grand jury report released in January 2011 described Gosnell's clinic as a filthy, foul-smelling "house of horrors" that was overlooked by regulators.

    Prosecutors said Gosnell made millions of dollars over three decades performing thousands of dangerous abortions, many of them illegal late-term procedures. The clinic had no trained nurses or medical staff other than Gosnell, a family physician not certified in obstetrics or gynecology, yet authorities say many administered anesthesia, painkillers and labor-inducing drugs.

    The grand jury report stated furniture and blankets in Gosnell's clinic were stained with blood, instruments were not properly sterilized and disposable medical supplies were used repeatedly.

    Bags, jars and bottles holding aborted fetuses were scattered throughout the building, which reeked of cat urine because of the animals allowed to roam freely.

    State regulators ignored complaints about Gosnell and the 46 lawsuits filed against him and made just five annual inspections since the clinic opened in 1979, investigators said. Several state employees were fired and two agencies overhauled their regulations after the allegations.

    Gosnell has always maintained his innocence. He pleaded not guilty and has remained held without bail since his arrest. Prosecutors are seeking the death penalty in the infant deaths.

    Prosecutors estimated Gosnell ended hundreds of pregnancies by inducing labor and cutting the babies' spinal cords and caused scores of women to suffer infections and permanent internal injuries, but they said they couldn't prosecute more cases because he destroyed files.

    Eight clinic workers including Gosnell's wife, a beautician accused of helping him perform illegal third-term abortions, have pleaded guilty to a variety of crimes. Three of Gosnell's staffers, including an unlicensed medical school graduate and a woman with a sixth-grade education, pleaded guilty to third-degree murder for their roles in the woman's overdose death or for cutting babies in the back of the neck to ensure their demise.

    In an interview with the Philadelphia Daily News after the clinic was raided, Gosnell described himself as someone who wanted to serve the poor and minorities in the neighborhood where he grew up and raised his six children, who include a doctor and a college professor.

    McMahon, disputes that any babies were born alive. He has suggested that the woman who died, Karnamaya Mongar, had undisclosed respiratory problems that could have caused fatal complications.

    McMahon has accused officials of "a targeted, elitist and racist prosecution" and "a prosecutorial lynching" of his client, who is black, and of applying "Mayo Clinic" standards to Gosnell's inner-city, cash-only clinic. He said Gosnell performed as many as 1,000 abortions per year, and at least 16,000 over his long career, with a lower-than-average complication rate.

    After about a week of jury selection, seven woman and five men were chosen along with six alternate jurors. The trial began March 18 and is expected to last about two months.

    Gosnell's former employees have testified that they were just doing what their boss trained them to do and described long, chaotic days performing gruesome work for little more than minimum wage paid under the table. An assistant testified she snipped the spines of at least 10 babies at Gosnell's direction, sobbing as she recalled taking a cellphone photograph of one baby she thought could have survived, given his size and pinkish color.

    Mongar's 24-year-old daughter testified about the labor-inducing drugs and painkillers her mother was given as she waited hours for Gosnell to arrive for the procedure. She said her mother was later taken to a hospital, only after firefighters struggled to cut bolts off a side door of the clinic, but she died the next day.

    Prosecutors wrapped up their five-week case with a former worker at Gosnell's clinic who testified that she saw more than 10 babies breathing before they were killed. The defense was slated to begin presenting its case Monday but Gosnell's attorney told the judge he was sick and went to a hospital for tests.

    725 comments

    Its a great day for baby killers.

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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.

     

    851 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.

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  • 18
    Mar
    2013
    7:53pm, EDT

    Defense calls Philadelphia abortion doctor's case 'a lynching'

    Dr. Kermit Gosnell in an undated photo released by the Philadelphia district attorney's office.

    By Maryclaire Dale, The Associated Press

    PHILADELPHIA — A lawyer defending a Philadelphia abortion provider on murder charges accused officials of "an elitist, racist prosecution" as the death-penalty trial opened Monday.

    Lawyer Jack McMahon also accused city officials of "a prosecutorial lynching" of his client, Dr. Kermit Gosnell, who is black.


    Gosnell, 72, is accused of running a rogue clinic that ignored the state ban on third-term abortions and 24-hour waiting periods. Prosecutors say he also maimed desperate, often poor women and teens by letting his untrained staff perform abortions and give anesthesia. And they say he got rich doing it, by performing a high volume of substandard abortions.

    Police found $250,000 in cash during a 2010 search of his home, Assistant District Attorney Joanne Pescatore told jurors. Gosnell used outmoded drugs and improper methodology, forcing women to deliver live babies that were then killed by staff with scissors, she said.

    "The standard practice here was to slay babies. That's what they did," said Pescatore, who echoed a 2011 grand jury report in calling the clinic "a house of horrors."

    Staff went along with the routine because they were nearly as desperate as the women, she said. The two other "doctors" on staff were allegedly medical school doctors without licenses. The woman giving anesthesia was a sixth-grade dropout who could hardly read or write, Pescatore said. And one of the employees who advanced from the reception area to the operating room was a 15-year-old high school student.

    She often worked until 3 a.m. and went to school late each day, Pescatore said.

    But McMahon said city officials are applying "Mayo Clinic" standards to Gosnell's inner-city office in West Philadelphia.

    Watch US News crime videos on NBCNews.com

    "This is a targeted, elitist and racist prosecution of a doctor who's done nothing but give (back) to the poor and the people of West Philadelphia," the fiery McMahon insisted to the predominantly black jury, as Gosnell sat serenely taking notes. "It's a prosecutorial lynching of Dr. Kermit Gosnell."

    Gosnell is charged with killing seven babies born alive, along with Karnamaya Mongar, a newly arrived 41-year-old refugee from Bhutan. Prosecutors say Gosnell's staff gave the 90-pound woman a lethal dose of anesthesia and painkillers during a 2009 abortion.

    But McMahon said he will prove that she also had other drugs in her system that did not come from Gosnell's clinic, perhaps from an attempt to self-abort the fetus using a tuberculosis drug. She also had unreported bronchial problems — she did not speak English — and died of complications, he said.


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    And he said the government cannot prove the seven babies were born alive. There is no physical evidence on five of the deaths; the murder charge is instead based on staff testimony that the babies cried or moved.

    Authorities have a photograph of the sixth baby, who allegedly had a gestational age of 30 weeks, and the body of the seventh. But McMahon argued that neither took a breath or was otherwise born alive.

    He conceded the case will be emotional and upsetting for jurors and everyone else involved "because we all love babies."

    "It strikes a chord in all of us," he said.

    Gosnell faces the death penalty if convicted of first-degree murder in the infant deaths. He is charged with third-degree murder in Mongar's death.

    Eight co-defendants have pleaded guilty, most of whom will testify against Gosnell. Three of them pleaded guilty to third-degree murder, which carries a 20- to 40-year term. They have not yet been sentenced.

    The only former employee on trial with Gosnell is Eileen O'Neill of Phoenixville, who allegedly held herself out as a doctor at the clinic when she was not licensed. Her lawyer was set to give his opening statements Monday afternoon.

    The trial is expected to last six to eight weeks.

    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    288 comments

    Race Card - Pathetic !

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  • 4
    Mar
    2013
    7:20am, EST

    'House of horrors': Abortion doctor set to go on trial in 8 deaths

    Dr. Kermit Gosnell in an undated photo released by the Philadelphia District Attorney's office.

    By Maryclaire Dale, The Associated Press

    PHILADELPHIA -- Three years after drug agents searching a suspected "pill mill" at a West Philadelphia clinic instead found a medical "house of horrors," an abortion doctor is going on trial on eight counts of murder.

    Dr. Kermit Gosnell, 72, the clinic owner, is charged with killing a pregnant refugee and seven viable newborns. He also faces a separate federal trial on prescription drug charges.

    Gosnell, who has pleaded not guilty, saw himself as a medical missionary in the blighted neighborhood where he worked and lived for 40 years. His Women's Medical Center treated the poor, immigrants, teens and women with late-stage pregnancies who could not get abortions elsewhere.

    "I feel in the long term I will be vindicated," Gosnell told the Philadelphia Daily News in a March 2010 interview, a month after the federal drug raid. "I aspire to perfection, certainly for my patients."

    But some of those patients were left with infections, perforated bowels and other injuries after barbaric abortions were performed by untrained, unlicensed staff, according to numerous lawsuits and a lengthy 2011 grand jury report. And 41-year-old Karnamaya Mongar lost her life there in 2009.

    Jury selection starts Monday in the death penalty case. All but one of the nine clinic workers arrested with Gosnell have pleaded guilty, three of them to third-degree murder, which carries a potential 20- to 40-year prison sentence.

    Unlicensed doctor Steven Massof of Pittsburgh told the grand jury that he used scissors to snip the spines of more than 100 babies born alive. He worked for Gosnell for a few hundred dollars a week. He pleaded guilty to third-degree murder in the deaths of two babies allegedly stabbed by Gosnell while Massof assisted with the abortions.

    Gag order
    Gosnell's third wife, Pearl, a cosmetologist, pleaded guilty to performing an illegal, late-term abortion and other charges. She does not have to testify, but other co-defendants have said they would.

    It's not clear if Gosnell plans to testify, because a gag order has been issued in the case. But it's possible, given his posture in the Daily News interview.

    "Many times people have not been able to fully pay me for my services," Gosnell said. "As a principle, I have not refused to provide them care."

    Yet he made millions over the years, both from abortions and a thriving side practice where staffers allegedly dispensed his pre-signed prescriptions for OxyContin, Percocet and other highly addictive painkillers.

    Related federal drug charges await Gosnell after the murder trial, which is expected to last several weeks. Opening statements are scheduled for March 14.

    It's not clear if Pennsylvania jurors have ever been asked to send a man of Gosnell's age or occupation to death row. Philadelphia District Attorney Seth Williams called Gosnell's macabre medical clinic — where agents found fetal body parts in glass jars and staff refrigerators, and patient rooms filthy and blood-stained — a "house of horrors."

    "Dr. Gosnell is never going to get the death penalty," defense attorney Jack McMahon said early on, noting his client's age and the cost of protracted capital cases.

    The gag order now prevents McMahon from commenting about the case. But he met with Gosnell at the courthouse on Thursday, with prosecutors and the trial judge nearby, in what some viewed as late-hour plea discussions.

    Mongar's family has a civil suit pending over her death. The 4-foot-11 woman from Bhutan — who did not speak English — died after allegedly receiving lethal doses of sedatives and painkillers from Gosnell's untrained workers.

    She and her husband and three children had survived 20 years in refugee camps before settling in rural Virginia. She was referred to Gosnell's clinic to seek a second-term abortion.

    Medical technician Sherry West, during her plea to third-degree murder and other charges, admitted she may have administered drugs to Mongar while Gosnell was off-site.

    "She's very sorry about the death of that young lady," defense lawyer Michael Wallace said after her plea. "She got caught up in a series of things that probably she did not realize the significance of."

    © 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

    483 comments

    It's people like this who are the real menace to society. When women are desperate, don't have the right information, and feel desperate with no other options. That is when individuals like this doctor are in a position to take advantage of them, causing serious and deadly consequences.Not just to t …

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