Judge dismisses three counts of murder against abortionist Kermit Gosnell; jury will decide other five counts of murder and other allegations

By Dave Andrusko

Judge Jeffrey Minehart

Judge Jeffrey Minehart

Without explanation Common Pleas Judge Jeffrey Minehart this morning threw out three of the eight murder charges against abortionist Kermit Gosnell.

However, Gosnell, 72, still is in  the dock on four counts of first degree murders in the deaths of viable unborn babies the prosecution say were aborted alive and then murdered when Gosnell slit their spinal cords. Gosnell also is charged with one count of third degree murder in the 2009 death of 41-year-old Karnamaya  Monger who died when Gosnell’s untrained staff allegedly administered an overdose of the powerful pain killer Demerol.

The Associated Press’s MaryClaire Dale wrote that Minehart “did not explain his reasoning for the split decision on the defense motion to acquit Gosnell after five weeks of prosecution testimony,” adding, “Such requests are routine but rarely granted.” Dale speculated that Minehart “had not heard sufficient evidence of the prosecution’s allegations that the three babies were viable, born alive and then killed.”

The remaining five counts of murder, including three first-degree murder charges, will be decided by a jury, Minehart said.

The three babies were identified as “Baby B,” “Baby C,” and “Baby G,” according to Elizabeth Harrington of CNSNews.com.

“Judge Minehart also threw out five counts of abuse of a corpse,’ for baby feet remains that were recovered from the clinic, that Gosnell was purportedly keeping for ‘DNA purposes,’” Harrington wrote. But she also noted  that all other charges remain. Besides the five murder charges, they include

“conspiracy, abortion at 24 or more weeks, theft, corruption of minors, solicitation and other related offenses.”

Jack McMahon, Gosnell’s flamboyant attorney, argued that all the first-degree murder charges should be dropped.

“If we are going in this room to say a baby is born alive because it moves one time without any other movement, that is ludicrous,” he maintained. There is not one piece – not one – of objective, scientific evidence that anyone was born alive,” McMahon said. “These are not the movements of a live child.”

McMahon’s contention came after weeks of testimony that babies were routinely aborted alive and then killed when their spines were slit. McMahon’s rebuttal was that all those who testified had seen only a single movement or breath.

With regard to Mrs. Mongar, McMahon maintained that third-degree murder requires malice, or “conscious disregard” for her particular life.

In an unintentionally revealing comment, McMahon said, “She wasn’t treated any differently than any of the other thousands of other people who went through there.”

Six of the nine counts of theft by deception against Gosnell co-defendant Eileen O’Neill were also dismissed by Minehart. She is charged with practicing medicine without a license.