Gosnell Defense Rests Without A Witness as Judge Clarifies Murder Charge Dismissal

Hundreds of counts will go to the jury

By Cheryl Sullenger

Philadelphia, PA – In a surprise move, the defense in the Kermit Gosnell murder trial has rested without calling a single witness. The news comes on the heals of a clarification by Judge Jeffery P. Minehart about a mix-up in the dismissal of one of the murder charges yesterday.

Closing arguments are set for Monday.

Yesterday’s dismissal of nine criminal charges against accused murderer Kermit Gosnell stunned many who have followed this macabre case involving babies born alive during illegal late-term abortions then intentionally killed amid squalid conditions at Gosnell’s “House of Horrors” abortion clinic.

Today, Judge Jeffery P. Minehart clarified that he did not intend to drop the First Degree Murder charges for Baby C, a baby witnesses said was breathing for 20 minutes before it was stabbed in the neck by Lynda Williams in Gosnell’s presence.

Instead, murder charges should have been dismissed in the death of Baby F for which there was less compelling evidence.

Nevertheless, the dismissals are expected to have little effect on the trial’s outcome. Court records show that Gosnell still faces over 380 criminal counts, including five murder charges. A conviction on any of the First Degree murder counts would mean he could still receive the death penalty or life in prison without parole.

After heated arguments by Defense Attorney Jack McMahon and Assistant District Attorney Ed Cameron, Judge Minehart dismissed the following charges without explanation:

• Three counts of First Degree Murder in the deaths of Babies Boy B, Baby G, and Baby F (after correction by the judge).
• Five counts of Abuse of Corpse related to the discovery of five jars containing the severed feet of large aborted babies.
• One count of Infanticide in the case of Baby Boy B

However, according to court records, Conspiracy and Solicitation to Commit Murder charges for Baby G remain active and were not dismissed with the murder charges.

Also dismissed were were six counts of “Theft by Deception” against former Gosnell employee Eileen O’Neill, sho is standing trail with Gosnell. She is accused of billing for medical services provided as she was masquerading as a license physician. Three remaining counts will go to the jury.

Victims’ Cases Won’t Go to the Jury

Baby Boy B was discovered during the original 2010 law enforcement raid of Gosnell’s abortion clinic frozen in a red biohazard bag along with the remains of 46 other aborted babies. The medical examiner told the grand jury that he estimated gestational age of Baby Boy B to be 28 weeks. This baby was intact and bore the now-familiar neck wound that indicated his spinal cord had been severed. However, there was no testimony presented during the trial that this baby ever moved or breathed. Gosnell had been charged with infanticide related to the death of Baby Boy B.

Baby G was of an unknown gestational age. An unlicensed abortionist who worked with Gosnell testified before the Grand Jury that he helped Gosnell deliver Baby G and observed a “respiratory excursion,” or a breath. He said Gosnell then turned the baby over and severed his spinal cord with scissors.

Baby F was estimated to be 25-27 weeks gestation when Steven Massof, an unlicensed abortionist employed by Gosnell, assisted his boss in the abortion and delivery of the intact baby. Massof testified that he saw a leg “jerk and move” after which he saw Gosnell sever its spine.

Other Charges Also Dropped

The five Abuse of Corpse charges dismissed by Judge Minehart related to five jars of severed feet seized from Gosnell’s clinic. McMahon argued that they were kept for possible DNA sampling and as proof of gestational age, but medical professionals who testified all said that there was no known medical reason or precedent for such behavior.

While those charges have been dropped, it is estimated that over 380 other criminal charges remain, including four counts of First Degree Murder for the deaths of Baby Boy A, Baby D, Baby E, Baby F and one count of Third Degree Murder for the death of patient Karnamaya Mongar.

Four Remaining First Degree Murder Counts

Baby Boy A was the biggest baby that Kareema Cross had ever seen delivered at Gosnell’s abortion “House of Horrors” clinic in the four years she worked there. He was delivered to 17-year old Shaquana Abrams at 29.4 weeks gestation, according to an ultrasound record. Baby Boy A was so large, he did not fit into the plastic shoe box that Gosnell tossed him in. Cross said she saw the baby pull in his arms and legs while Gosnell explained the movements as “reflexes” telling her the baby really didn’t move prior to cutting the baby’s neck. Baby Boy A was so large, Gosnell joked that “this baby is big enough to walk around with me or walk me to the bus stop.” Cross and fellow employees Adrienne Moton and 15-year old Ashley Baldwin were all so “startled” by the size of the baby that they all took photos of the baby with their cell phones.

Baby C was an intact baby of over 25-weeks gestation. Kareema Cross testified that she saw Baby C breathing and described the up and down chest movements she observed for 20 minutes. She told the court she saw Lynda Williams lift the baby’s arm and watched as the newborn drew it back on its own power. Afterwards, Williams inserted surgical scissors into the baby’s neck and “snipped” the spinal cord. Gosnell was said to be in the room at the time. This baby’s murder charges were unintentionally dismissed in the place of Baby F, but were reinstated after Judge Minehart discovered his error.

Baby D was described by witnesses as 12-15 inches long with the head the size of a “big pancake” when he was delivered into a toilet. Kareema Cross testified that she saw the baby struggling, using swimming motions in an attempt to get out of the toilet bowl. Adrienne Moton pulled the baby out and “snipped” the neck, as Gosnell had taught her to do, while the mother watched. Gosnell has also been charged with Criminal Solicitation of Moton to commit murder of Baby D.

Baby E was estimated to be at least 23 weeks gestation and maybe more. After Baby E was delivered, teen Ashley Baldwin heard the baby cry and called Kareema Cross for help. Cross described the baby’s cry as a “whine.” Baldwin said that Gosnell when into the room then came out with the baby — which now had an incision in its neck — and tossed it into the waste bin.

Mongar Murder Count Still Active

Gosnell also still faces one Third Degree Murder charge in the drug overdose death of second-trimester abortion patient Karnamaya Mongar. Witnesses testified that Mongar was not breathing right but Gosnell completed the abortion before attempting to revive Mongar. A defibrillator present in the room at the time was broken and unusable. Gosnell also faces several other charges related to the death of Mongar, including Murder by Drug Delivery Resulting in Death.

Other Active Criminal Charges

Gosnell faces a massive amount of other charges related to his corrupt abortion organization, including several violations of the Controlled Substances act for sloppy or improper drug handling and administration by unqualified employees. He also faces numerous Conspiracy and Solicitation charges related to the murder of newborns and illegal distribution of drugs. Gosnell faces a whopping 310 counts of violating Informed Consent laws, 33 counts of abortion at more than 24 weeks, and 10 counts of Theft by Deception, and three counts of Corruption of a Minor. He is also facing charges of running a Corrupt Organization and Racketeering.

Below is a full listing of his active charges, all of which will go to the jury:

• Murder (Karnamaya Mongar), 3rd degree, 18 Pa.C.S. § 2502(c)
• Murder, drug delivery resulting in death (K. Mongar), 18 Pa.C.S. § 2506
• Controlled Substances Act, 35 P.S. 780-§113(f)(30), F-1
• Controlled Substances Act, 35 P.S. 780-§113(f)(14), F-1
• Conspiracy (Controlled Substances Act), 18 Pa.C.S. § 903, F-1
• Solicitation (Controlled Substances Act), 18 Pa.C.S. § 902, 2 counts, F-1
• Hindering Apprehension or Prosecution, 18 Pa.C.S. § 5105(a), F-3
• Obstructing Administration of Law, 18 Pa.C.S. § 5101, M-2
• Murder (Baby Boy A), 18 Pa.C.S. § 2502
• Conspiracy (Murder of Baby C), 18 Pa.C.S. § 903, F-1
• Solicitation (Murder, Baby C), 18 Pa.C.S. § 902, F-1
• Murder (Baby D), 18 Pa.C.S. § 2502
• Conspiracy (Murder of Baby D), 18 Pa.C.S. § 903, F-1
• Solicitation (Murder, Baby D), 18 Pa.C.S. § 902, F-1
• Murder (Baby E) 18 Pa.C.S. § 2502
• Murder (Baby F), 18 Pa.C.S. § 2502
• Conspiracy (Murder of Baby F), 18 Pa.C.S. § 903, F-1
• Conspiracy (Murder of Baby G), 18 Pa.C.S. § 903, F-1
• Solicitation (Murder of Baby G), 18 Pa.C.S. § 902, F-1
• Conspiracy (murder, generally), 18 Pa.C.S. § 903, F-1
• Infanticide (Baby Girl A), 18 Pa.C.S. § 3212, F-3
• Abortion at 24 or more weeks (33 counts), 18 Pa.C.S. § 3211, F-3
• Conspiracy (Abortion, 24 or more weeks), 18 Pa.C.S. § 903, F-3
• Informed consent violations (310 counts), 18 Pa.C.S. § 3205, M-3
• Theft by deception (10 counts), 18 Pa.C.S. § 3922, M-1
• Conspiracy (Theft by deception), 18 Pa.C.S. § 903, M-1
• Controlled Substances Act (Massof), 35 P.S. 780-(§113(f)(30), F-1
• Controlled Substances Act (Massof), 35 P.S. 780-(§113(f)(14), F-1
• Conspiracy (Controlled Substances Act), 18 Pa.C.S. § 903, F-1
• Corrupt Organizations, Racketeering, 18 Pa.C.S. § 911(b), F-1
• Corrupt Organization, Conspiracy,18 Pa.C.S. § 911(b)(4), F-1
• Corruption of Minors (3 counts), 18 Pa.C.S. § 6301, M-1
• Obstructing Administration of Law, 18 Pa.C.S. § 5101, M-2
• Tampering with or Fabricating Evidence, 18 Pa.C.S. § 4910, M-2

Gosnell also faces numerous Federal drug charges for the illegal distribution of narcotics that ended up on the streets of Philadelphia. He is expected to be tried in that case sometime later in Federal Court.

“The prospect of Gosnell being completely exonerated seems highly unlikely, but when a jury is involved, anything can happen,” said Troy Newman, President of Operation Rescue. “While the spotlight shines on this horrific case, we remain acutely aware that abortion clinics across America are operating in Gosnell-like conditions committing violations that Gosnell also committed. We continue to pray for justice in the Gosnell case and that all abortionists of his ilk will soon be brought to justice. May the Gosnell case speed the day when abortion is abolished in this country for good.”

Operation Rescue plans to be in the courtroom for closing arguments.

Gosnell Trial Archives

  • Shocker: Gosnell Judge Dismissed 3 Murder Charges, Five Remain
  • Common Abortion Abuses Reflected in Gosnell Abortion Patient Testimony
  • Powerful Testimony of Horrific Abortion Abuses Ends Prosecution Case in Gosnell Murder Trial
  • Prosecution: Files Show Evidence of Illegal Late-Term Abortions by Gosnell
  • Family of Dead Abortion Patient Give Tearful Testimony at Gosnell Murder Trial
  • Carnage: Grisly Testimony and Photos of Aborted Baby Remains Dominate Gosnell Trial
  • #Gosnell ‘Tweet-Up’ Grabs Attention As Grisly Murder Trial Continues
  • Dead or Alive: Gosnell Defense Floats Theory That Babies were Dead When Necks Were Snipped
  • Mental Illness Plagued Gosnell Employees Who ‘Snipped’ Baby’s Necks
  • Gosnell Witness Recants Guilty Plea, Still Testifies of Abortion Horrors
  • Exception or Rule? Gosnell’s “House of Horrors” Not So Rare
  • Gosnell Employee: ‘It would rain fetuses. Fetuses and blood all over the place’
  • Gosnell Sister-in-Law Emotionally Testifies of Mongar Death, Disposal of Bloody Remains
  • Aborted Babies Dramatically Testify Against Gosnell at Murder Trial
  • Homicide Determination in Abortion Death Sparks Outburst, Anger at Gosnell Murder Trial
  • Fight Breaks Out At Gosnell Murder Trial
  • State Inspector’s Horrific Discoveries at Gosnell’s Abortion Clinic Described In Court
  • Prosecution Reconstructs Abortion Room in Court for Gosnell Murder Trial
  • Abortionist Gosnell Rejects Plea Deal, Jury Selection Underway in Capital Murder Case
  • Jury Selection to Begin in Murder Case of Abortionist that Snipped Newborn’s Spinal Cords
  • Documents

    Read the full Grand Jury Report
    View photos of Gosnell’s victims
    View the Gosnell gang’s mug shots and description of charges

    • Deb

      I see these pictures and I think that all of these children could have been adopted by loving parents. Following this story has been agonizing, but the truth should be known by all of us Americans, especially those that are just now, 40 years later, learning that our country has been murdering babies LEGALLY. Abortion needs to be outlawed and we are all accountable for what has happened in this Gosnell Murder spree and the entire abortion industry if we do nothing to abolish it! Someday I pray America will look back and see this time in our history as a very shamful time that we overcame. The sanctity of human life needs to be affirmed if we are truely people with an American spirit.

    • Darin Walker

      If they never moved or breathed, then why were their necks snipped?

    • Mrs Dianne Kirkwood

      Sickening, this story is truely sickening. The butchery and slaughter of God’s little ones is too gruesome, No wonder America is under judgement. They might as well be burning them live in the fire of Molech. They sacrifice them for the God of greed, convenience and the sinful lust of sexual gratification devoid of any care or love. Too dark.

    • elizabeth

      You barely see any of this on the mainstream news. It remains hidden away, out of
      the conscience of the world. We are all a part of this atrocity. I don’t even know what
      to hope for any more. This is happening to approx 50 million babies each DAY world
      wide. I don’t understand how God doesn’t intervene & wipe us all off the face of the
      earth for this.

    • J

      Worse than the pictures of the victims of Auschwitz.Human monsters operating under inhuman laws.And the head goul in the white house is off to celebrate this gruesome evil with the guels of planned parenthood.40 years of murder with 55 million innocent victims are thier badges of infamy.They love death and hate God. The wicked rejoice and the righteous weep.But God will bring their wickedness back on them and destroy them in their evil.Psalm 94.

    • mlc

      This is despicable!! Heaven cries out against this continuing abomination. We are a nation of sheep with the exception of a few who fight constantly to end the massacre of our babies. We are worse than Nazi Germany. Too bad the murderers don’t know what awaits them in the after life. Hell is not a picnic area where the abortion dollars will have any value. Every deceiver gets his just rewards.

    • http://donmang131@yahoo.com don mang

      Why is this still going on? They know DNA for many years now is exactly the same from conception till natural death. THE PERSON IS THE SAME PERSON FROM CONCEPTION TILL DEATH (NATURAL DEATH). Come Lord Jesus – end this horror.

    • CBDenver

      #2 Darin Walker said “If they never moved or breathed, then why were their necks snipped?”. My thoughts exactly.

    • cc

      Judge you seem to have made up your mind on this case before it was started.