PHILADELPHIA (AP) — A lawyer defending a Philadelphia abortion provider on murder charges accused officials of “an elitist, racist prosecution,” as the death-penalty trial opened Monday.
Lawyer Jack McMahon also accused city officials of “a prosecutorial lynching” of his client, Dr. Kermit Gosnell, who is black.
Gosnell, 72, is accused of running a rogue clinic that ignored the state ban on third-term abortions and 24-hour waiting periods. Prosecutors say he also maimed desperate, often poor women and teens by letting his untrained staff perform abortions and give anesthesia. And they say he got rich doing it, by performing a high volume of substandard abortions.
Police found $250,000 in cash during a 2010 search of his home, Assistant District Attorney Joanne Pescatore told jurors. Gosnell used outmoded drugs and improper methodology, forcing women to deliver live babies that were then killed by staff with scissors, she said.
“The standard practice here was to slay babies. That’s what they did,” said Pescatore, who echoed a 2011 grand jury report in calling the clinic “a house of horrors.”
Staff went along with the routine because they were nearly as desperate as the women, she said. The two other “doctors” on staff were allegedly medical school doctors without licenses. The woman giving anesthesia was a sixth-grade dropout who could hardly read or write, Pescatore said. And one of the employees who advanced from the reception area to the operating room was a 15-year-old high school student.
She often worked until 3 a.m., and went to school late each day, Pescatore said.
But McMahon says city officials are applying “Mayo Clinic” standards to Gosnell’s inner-city office in West Philadelphia.
“This is a targeted, elitist and racist prosecution of a doctor who’s done nothing but give (back) to the poor and the people of West Philadelphia,” the fiery McMahon insisted to the predominantly black jury, as Gosnell sat serenely taking notes. “It’s a prosecutorial lynching of Dr. Kermit Gosnell.”
Gosnell is charged with killing seven babies born alive, along with Karnamaya Mongar a newly-arrived, 41-year-old refugee from Bhutan. Prosecutors say Gosnell’s staff gave the 90-pound woman a lethal dose of anesthesia and painkillers during a 2009 abortion.
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.
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This Week’s Celebrity Instagrams (11/26-12/2)
30 photos Launch gallery
1. Little Legend and Puddy 😍😍😍😍
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2. "You on point Phife?" "all the time,Tip". 💥 #bannedfromnormal
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3. Vegan! The Impossible burger at Crossroads
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4. Lawrence #BeforeandAfterEpisodes 1-4: 184lbs 13% body fatEpisode 8: 196lbs 8% body fat S/O @coachdaveboxing with the works outs and @kildareriordan with the nutrition
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5. Jus haaaanngin out
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6. Meanwhile back at home in Atlanta GA someone mad they not on the 🛳. 😳
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7. No limits... Photo cred: Chris Bridges @ludacris
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8. new new
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9. Apparently my 260lbs is too much for the actual vines in the Hawaiian jungles to hold me without breaking and me falling hundreds of feet. So for safety purposes, I'm forced to swing thru #Jumanjj on wires strong enough to hold 12 adult buffaloes and 1 adult Rock. #OnSet #Jumanji #IronicallyIEatBuffaloDailyForLunch #MoreManThanNatureKnowsWhatToDoWith
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10. hey ma! 🎎#wcw 💙
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11. Surprise visit to our factories!!! #GoodAmerican #USA
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13. Peachy Keen 🔥✨⚡️
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14. If this don't look thankful I don't know what does. Happy Thanksgiving to you and yours. #UltraBlessed #24kMagic #SweetPotatoFly
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15. Late nights @nbcmarlon with the writers... we in here!!!
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16. There goes my baaaaaaaaabbbbyyyyy #QueenKingMagic!!! We're up to something! Ira BIG!!! Stay out our buisness -
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17. You want to win every game you play but when you come home to these faces... who cares. #ILoveYouGirls best part of my day, everyday!
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18. Steady,steady..... full size jenga.. "I got this one "???? Or do I ?
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19. Cornrows kind of day 😉@dontaysavoy2 you convinced me and I love. ❤️️
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20. #BrotherlyLove #tbt
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22. #basel #TeamLOVE @kingcombs
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23. Just introduced a special screening of @directher 's groundbreaking (must see) documentary @13thfilm with my brother @themichaelealy | @unitedblackout #blackoutblackfriday
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24. Me & Vanessa Williams giving #DuckLips #Pose on the set of #DaytimeDivas @vh1 - Coming Soon to a tv near you. Lol. - My make up done by @makeupsurgeon
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25. This picture just makes me wanna praise the Lord, you hear me!!!!!! Yes Lord brotha #TEDDYCAMPBELL What a #man !!! You are everything right on this picture husband ......... #gorgeous #stylish #classy #strong #masculine #king #sexy #debonair #gentlemenstyle And that #bible in your hand just seals the deal for me (probably cause i know that, that is what helped you become just as amazing as you look😘). While my heart and mind experiences the goodness of God at #church on Sundays, my eyes experiences the goodness of Teddy😍. Amen somebody🙌🏽. "Bless the Lord oh my soul and all that is within me bless his holy name" #myman #myhusband #goodman #blackman #dapperman #godlyman #goodfather #mybestfriend
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26. Yesterday was my mama's 53rd birthday!!!!! Got to celebrate with her all day. If this is what I have to look forward to I can't wait. Looking like a soft bucket a cocoa butter. Yaaaaaaaaaas! 😍😍😍 love you mommy!
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27. "Shout out to @PureAtlanta for getting the family right"....I'm loving this jogger. 😍😍
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28. This pic warms my heart ❤️ #myLogiebeans and aunt aunt umba @itowandabraxton 😘
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29. You will always be my baby😜. #HappyBirthdayReginae #mybaby18
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30. GC "Gods Child" Red on Red SweatSuit available now at www.MonicaApparel.com ... Take Your Crown wherever you go!! I'm pictured in a Medium... Go to the site now for other options ... cc: @trukernell
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