Judge tosses three murder counts against Philadelphia abortion doctor

PHILADELPHIA — After hearing impassioned arguments from attorneys on both sides of the Kermit Gosnell capital murder trial Tuesday, a Philadelphia judge threw out three of the seven first-degree murder charges Gosnell faced for allegedly killing fetuses born alive at his abortion clinic.

Common Pleas Judge Jeffrey Minehart also tossed out all five counts against Gosnell accusing him of corpse abuse for storing the feet of aborted fetuses in plastic containers in his now closed Women’s Medical Society clinic.

Also dismissed by Minehart was one count of infanticide – the intentional killing of an infant. All other counts against Gosnell, 72, will be decided by the jury, the judge ruled.

In addition to counts of first-degree murder for killing four babies allegedly born alive, those charges include the third-degree murder of a patient who died of a drug overdose following a botched 2009 abortion and multiple counts of performing illegal, late-term abortions.

Minehart also dismissed six of the nine counts of theft by deception against Gosnell co-defendant Eileen O’Neill, whom prosecutors contend worked at the clinic as a doctor despite not having a medical license.

Minehart made his rulings following motion hearings that took place before the start of the defense attorneys starting their cases Tuesday afternoon.

Gosnell’s attorney, Jack McMahon, argued that all seven counts regarding the fetuses should be dismissed. None were born alive, he said, all having been injected with death-causing drugs during the abortion process. Assistant District Attorney Edward Cameron argued that there had been enough testimony from former clinic employees that the seven babies were born alive to let the jury decide.

The prosecution rested last week. Gosnell could be sentenced to death if he is convicted of the first-degree murders of the babies.

More in Local News

Local police join thousands honoring slain Canadian officer

Abbotsford Const. John Davidson was killed Nov. 6 in a shootout with a suspected car thief.

Hard work is paying off for Mariner High senior

Mey Ly has excelled in school since moving here from Cambodia; she also serves as an intrepreter.

One arrested in Marysville in connection with robbery

The suspect was caught in the 5800 block of 60th Drive NE.

Darrington School Board race might come down to a coin flip

With a one-vote difference, a single ballot in Skagit County remains to be counted.

Herald photos of the week

A weekly collection of The Herald’s best images by staff photographers and… Continue reading

No easy exit from Smokey Point shopping complex

There’s just no easy exit on this one. A reader called in… Continue reading

Lynnwood, Marysville, Sultan consider ban on safe injection sites

If approved, they would join Lake Stevens and Snohomish County, which have temporary bans.

City Council OKs initial funding for Smith Avenue parking lot

The site of the former Smith Street Mill is being developed in anticipation of light rail.

Single fingerprint on robbery note leads to arrest

The holdup occurred at a U.S. Bank branch in Lynnwood in June.

Most Read