Gosnell Defense: One Movement Does Not Prove Life

Philadelphia abortionist Kermit Gosnell’s defense convinced a judge to drop three of the seven murder charges against him Tuesday by arguing Gosnell’s employees exaggerated the babies’ movements.

“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,” said defense attorney Jack McMahon.

The charges were dropped in relation to “Baby B,” “Baby C,” and “Baby G.”

“Baby B” was a 28-week unborn baby discovered in a freezer at the clinic. Employee Kareema Cross said the baby was breathing when he was thrown into a shoebox. The legal limit for abortion in Pennsylvania is 24 weeks.

Cross also testified that “Baby C” was moving and breathing for 20 minutes before her coworker snipped his neck. She claimed Linda Williams took the baby’s hand and the baby pulled away from her. She flipped the baby and cut its neck, Cross said. Williams testified it was “standard procedure” to snip the neck of any baby born alive to make sure it was dead.  

Steven Massof, an unlicensed medical school graduate, told the grand jury he saw “Baby G” “exhibit a respiratory excursion. After the breath, Gosnell snipped the baby’s neck, he testified. Massof called it a “beheading,” because “it is separating the brain from the body.”

“There is not one piece–not one–of objective, scientific evidence that anyone was born alive,” McMahon argued in Gosnell’s defense. “These are not the movements of a live child.”

The medical examiner could not prove the babies were alive when they were born but also could not prove they were dead. Toxicology reports showed no evidence of Digoxin, a heart medicine that slows the heart, in their systems. Digoxin is used to ensure the child is dead before the abortion procedure. Cross testified she only saw Gosnell use the drug twice, and even that did not work. She would tell Gosnell the baby’s heartbeat slowed when, in fact, it remained normal.

Judge Jeoffrey Minehart threw out five counts of abuse of a corpse, regarding the baby feet found in jars all over the office. Gosnell claims he kept them for DNA purposes.

Four first-murder charges remain intact, including that of the baby reportedly born in a toilet. Cross said the baby was swimming in the bowl and trying to get out before it died. Gosnell is still charged with third-degree murder of 41-year-old patient Karnamaya Mongar and other related offenses.