Defense: Philly Abortion Doc’s Case ‘a Lynching’

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But McMahon said he will prove that she also had other drugs in her system that did not come from Gosnell’s clinic, perhaps from an attempt to self-abort the fetus using a tuberculosis drug. She also had unreported bronchial problems — she did not speak English — and died of complications, he said.

And he said the government cannot prove the seven babies were born alive. There is no physical evidence on five of the deaths; the murder charge is instead based on staff testimony that the babies cried or moved.

Authorities have a photograph of the sixth baby, who allegedly had a gestational age of 30 weeks, and the body of the seventh. But McMahon argued that neither took a breath or was otherwise born alive.

He conceded the case will be emotional and upsetting for jurors and everyone else involved “because we all love babies.”

“It strikes a chord in all of us,” he said.

Gosnell faces the death penalty if convicted of first-degree murder in the infant deaths. He is charged with third-degree murder in Mongar’s death.

Eight co-defendants have pleaded guilty, most of whom will testify against Gosnell. Three of them pleaded guilty to third-degree murder, which carries a 20- to 40-year term. They have not yet been sentenced.

The only former employee on trial with Gosnell is Eileen O’Neill of Phoenixville, who allegedly held herself out as a doctor at the clinic when she was not licensed. Her lawyer was set to give his opening statements Monday afternoon.

The trial is expected to last six to eight weeks.

(Photo: AP)

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