Judge tosses murder charges against Gosnell

How does a clinic perform a reasonable, legal abortion? Photo: AP

SALEM, Ore., April 24, 2013 ― Philadelphia Judge Jeffrey Minehart granted a motion for acquittal in five charges of abuse of a corpse against Dr. Kermit Gosnell, who, according to prosecutors, stored the feet of aborted fetuses in plastic containers outside his clinic.

Minehart also tossed out three of the seven first-degree murder charges against Gosnell, who allegedly killed fetuses that were still alive after they were aborted by plunging scissors into their necks.  

The judge also dismissed one count of infanticide - the intentional killing of an infant. 

Your Honor, just what went on in your courtroom that the defendant has been acquitted of these charges graphically detailed? 

Judge Minehart dismissed six of the nine counts of theft by deception against Gosnell co-defendant Eileen O’Neill, who prosecutors contend worked at the clinic as a doctor despite not having a medical license.

“We have consistently said that this is a horrifying and outrageous case, that Gosnell ran a criminal enterprise, not a health care facility, and that he should be punished to the fullest extent of the law,” Eric Ferrero, a spokesman for Planned Parenthood Federation of America, told ABC News recently.

SEE RELATED: Planned Parenthood: Babies born alive can still be ‘aborted’

Mr. Ferrero, how does a health care facility perform a civil, human abortion? 

The killing of a newborn infant outside the womb is illegal and shocking to all parts of society, yet the same event is acceptable and perfectly legal moments, days or weeks before as long as the baby is still in the womb. There is no logical answer.

Is the physiological makeup of a human baby inside the womb any different than that outside? Oh, the baby inside the womb doesn’t breathe, but besides that? Is the baby’s brain any different? Does the baby’s brain magically begin activity in the birth canal? Does the heartbeat suddenly begin?  

“There is not one piece of real scientific evidence that any one was born alive,” Gosnell’s attorney, Jack J. McMahon told the judge, who heard the acquittal motions without a jury present.

SEE RELATED: One-third all NY babies aborted but Gov. Cuomo pushes for more

He dismissed prosecutors’ arguments that an arm movement by one of the fetuses, known as Baby C, indicated that it was alive. He said that the movement was “one spasm,” but that the fetus was not breathing. Baby C was one of the three fetuses for which the judge dismissed the murder charge.

But Edward Cameron, an assistant district attorney, said that the fetus “pulled back” when touched by medical staff.

“That’s voluntary movement, and that’s all the law requires,” Cameron said. “That baby was alive.”

Cameron also opposed the motion to acquit Gosnell on charges of abusing a corpse. “When the fetus leaves the mother, they are due the respect of any human being,” he said.

Clearly the definitions of a human are suspect. Inside the womb and outside, the genotype is human. None other. When does life begin? Better question: When does life end? Who has been responsible for extinguishing that life? Shouldn’t this be clearly understood? Legal or illegal, the diagnosis is the same.

McMahon had argued that all eight murder charges against Gosnell should be dismissed.

All other counts against Gosnell, 72, will be decided by the jury, the judge ruled.

Dr Peter Lind practices metabolic and neurologic chiropractic in his wellness clinic in Salem, Oregon. USA. He is the author of 3 books on health, one novel, and hundreds of wellness articles. His clinical specialty is in physical, nutritional, and emotional stress. 

For more health tips go to http://www.wellnessreport.net His wellness newsletters are available at The Alternative Daily 



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Peter Lind

Dr. Peter Lind has written five books about healthy lifestyle and specifically subjects such as food, diet, nutrition, exercise, and stress. He has written one thriller about agriculture genetic engineering that has been written into a screenplay. 

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