Three murder charges dismissed against Philadelphia abortion doctor Kermit Gosnell

Kermit Gosnell. File photo
Kermit Gosnell still faces charges of killing four infants and a woman who underwent an abortion and died.

A Pennsylvania judge dismissed three murder charges on Tuesday against a Philadelphia abortion doctor accused in a high-profile case of killing babies in what was described as a squalid clinic serving low-income women.

Dr. Kermit Gosnell, 72, still faces charges of killing four infants and a woman who underwent an abortion and died at his Women’s Medical Society clinic in urban West Philadelphia. He could face the death penalty if convicted.

Common Pleas Court Judge Jeffrey Minehart dismissed three of the murder charges after Gosnell’s attorney argued that the prosecution failed to present evidence that the infants had been born alive.

“That is one of the elements (of murder), that the baby is born alive,” defense attorney Jack McMahon said.

Prosecutors say Gosnell severed infants’ spinal cords after they lived through abortion procedures. They also contend that one patient, Karnamaya Monger, 41, died of an overdose of anesthetics prescribed by Gosnell.

McMahon had argued that all eight murder charges against Gosnell should be dismissed. He also said the law required prosecutors to prove that Gosnell showed a callous disregard for Monger’s life to be convicted of murder in that case, and maintained she had received the same medications as other patients.

“How can that be malice? How can that be callous disregard?” he asked.

Gosnell has been in jail since he was charged in January 2011 after a grand jury probe, and faces 23 charges including murder in a case that has rekindled debate in the United States about late-term abortions. Under Pennsylvania law, abortions can be performed up to the 24th week of pregnancy.



News
Entertainment
Sports
Lifestyle
Local

After Eric Garner death, religious leaders meet to…

Interfaith leaders convened with city officials to discuss what the community can do to help dial down heightened tensions after Eric Garner's death.

Local

'Suspicious' Hamilton Heights fire caused by power strip:…

An extension cord overload caused the deadly fire in Hamilton Heights late Monday that killed a 15-year-old girl and injured at least 12 others.

National

At 91, Marvel creator Stan Lee continues to…

By Piya Sinha-RoyLOS ANGELES (Reuters) - Marvel Entertainment's chief emeritus Stan Lee may be in his ninth decade, but it hasn't stopped him from adding…

National

Islamic State says beheads U.S. journalist, holds another

Islamic State insurgents released a video purportedly showing the beheading of U.S. journalist James Foley, who had gone missing in Syria nearly two years ago.

Television

Billy Crystal to commemorate late actor Robin Williams…

  Comedian Billy Crystal will pay tribute to late actor Robin Williams at television's Primetime Emmy Awards on Aug. 25, the show's organizers said on…

Going Out

Things to do this week in NYC, Aug.…

GAMES Hudson Common Open Aug. 21, 7 p.m. Hudson Common 356 W. 58 St. Free, www.hudsoncommonnyc.com The U.S. Open begins on Monday, but most of…

Movies

Review: Sadly, Matthew Weiner's 'Are You Here' is…

"Mad Men" creator Matthew Weiner tries his hand at movies with "Are You Here," a misjudged Owen Wilson-Zach Galifianakis comedy that turns into a drama.

Movies

Review: 'Love is Strange' is not only a…

John Lithgow and Alfred Molina tie the knot in "Love is Strange," but the film winds up being more about living with people than an activist picture.

NFL

2014 Fantasy Football: Rankings, list of top NFL…

2014 Fantasy Football: Rankings, list of top NFL defense (DEF)

NFL

2014 Fantasy Football: Rankings, list of top NFL…

2014 Fantasy Football: Rankings, list of top NFL quarterbacks (QB)

MLB

Shane Greene travels unlikely road to Yankees stardom

Shane Greene was throwing a bullpen session on a quiet field at Daytona Beach Community College one day when the ball started moving.

NFL

2014 Fantasy Football: Rankings, list of top NFL…

2014 Fantasy Football: Rankings, list of top NFL tight ends (TE)

Sex

Online dating for every generation

Frank Jackson and his mother Maggie are like lots of modern families: They have dinner together regularly, keep each other updated on their lives —…

Wellbeing

Going green could be the key to getting…

If we could just pursue the things that would actually make us happy, we could help the environment too, according to a New York researcher.…

Wellbeing

Metabolic syndrome could have a sugar link

Scientists in St. Louis may have found another culprit in metabolic syndrome, which can lead to heart disease and type 2 diabetes.  Uric acid is…

Wellbeing

Another way stress hurts your unborn baby

Mothers know to try staying calm during pregnancy, as stress has been linked to behavioral and developmental problems for their babies. But now, a new…