The judge in the trial of Kermit Gosnell threw out three of the eight murder charges against the abortionist today, agreeing with the defense that there was not sufficient evidence that three of the babies had been born alive. Defense Attorney Jack McMahon argued that “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.” According to CNS News:
Kareema Cross, who worked at the clinic, testified to the grand jury that the baby was moving and breathing for 20 minutes before Lynda Williams cut the back of its neck.
Both Williams and Gosnell were charged with murder and conspiracy charges for the killing of Baby C. Williams pleaded guilty to two counts of third-degree murder and testified against Gosnell earlier this month.
During her testimony she said cutting the necks of babies born alive during abortion procedures was “standard procedure” at Womens Medical Society, Gosnell’s abortion clinic in West Philadelphia, to “ensure fetal demise.”
Gosnell’s defense lawyer Jack McMahon argued that Williams “only saw one arm, one movement, one spasm.” “This wasn’t a baby moving!” he said, when arguing that all counts against his client should be dropped. . . .
First-degree murder and a charge of infanticide for “Baby Boy B” were thrown out. According to the grand jury report, Baby Boy B’s body was discovered at the clinic in the freezer during the raid in 2010. It was a 28-week-old male.
The third murder charge thrown out was for “Baby G,” who Steven Massoff, an unlicensed medical school graduate, testified was breathing before Gosnell cut its neck.