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 (10/15-10/21)
31 photos Launch gallery
1. Just a NY girl with BIG dreams....
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2. HAPPY CHILDREN=QUALITY PARENTING. We don't always see eye to eye on everything and that's normal. We're human beings. But we come together and do it right for what's important, the kids. We are not enemies, we are parents. And we are parents 1st. S/O to @monyettashaw for making Mason's bday memorable. S/O to @itscrystalsmith at home taking care of our other lil' Prince. ❤️❤️❤️ THIS IS WHAT CO-PARENTING LOOKS LIKE. #Blessed #Happy #AboveTheDrama #BiggerThanUs
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3. So happy to finally be able to share with you all that I’m the new Global Brand Ambassador for @Revlon! Follow my day on RevlonSnaps. Yay! Choose Love, Everybody! #RevlonXCiara #chooselove #ad
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4. Glam on point!!!@makeupbymotoko & @shaylinjoneshair #easybreezy @lifetimetv #beachesmovie #january2017 😘
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5. ✨True love ✨📸: @jessiemarrerophotography
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7. Today was not easy..but by the grace of God we all got through it. Words cannot express our gratitude for all of your Prayers, Positive thoughts and Support for us throughout the years. Tommy will be missed but most certainly never forgotten...And PLEASE don't ask "Where's Martin?.." he was there too...just not in this picture. Lol! God bless you all.. #LoveConquersAll #MartinShow
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9. West coast get ready for #RockyHorror. I will be live tweeting again. #letsdothetimewarpagain
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10. #THEKEYS pre order yours now ... Available everywhere #NOV22 #WeTheBest 🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑🔑
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11. We about to ROCK at #KCABlackBall!! All for our life-changing effort to end 🌎 AIDS.
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12. Today's #SNAPJACK is brought to you by @yazzthegreatest 😂😂😂💋💋💋
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13. Damn girl you kinda old to be headed to the Go Go. You coming in at the age they leaving. LMAO
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14. Daddy daycare B-Boxin with @acewellstucker @shopraisingace
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15. #FBF Naviyd & URV "LIL MONSTERS"
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16. HAPPY BIRTHDAY TO ONE OF THE BIGGEST LEGENDS IN OUR HIPHOP HISTORY! @snoopdogg CONTINUED BLESSING AND LOVE FAMILY!!!!! REAL OG!
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17. Thank you for a beautiful night VSU! Let's do it again! #HOMECOMING
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18. Had a great time this morning with my familia Erica, Griff & Truth!!
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19. Check out my interview on @essence facebook live. #inmyownwords #nycpromo #day2
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20. #She💋 #tbt #TheCoveAtTheAtlantis #DawgPawsAndAll
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21. Bae #retailtherapy
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22. Why me and @coryhardrict got the same pose... and notee... new mouth #naked
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23. When my husband is my personal 'hype-man'! it kills me every time! 💜😂 #WHATNOW #lostfiles📷
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24. Diggy Simmons
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25. Hand full of @jacquieaiche 💙💎💍 @esnail_la 💅🏾
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26. SuperSoulers! You can watch my interview with Carl Lentz live from my Facebook page, tomorrow at 11a ET| 8a PT. #SuperSoulSunday
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27. 💋 .. When the friendship is easy like Sunday morning. ☀️
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28. Sunday mornings are the best........... hugs and cuddles with my angel
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29. #huggar16 #hellohuggars
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30. My gym is everywhere!.. #RnBMoney #TheGeneral 📸: @twelvepastseven
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31. Nothing I would rather be doing... Rocko setting up our movie, Romelō working on a puzzle & Laiyah singing and sharing all she's learning at school... I'm so grateful for the joy they've brought into my life ... Praying for peace , joy & love in the home of EVERY family ♥️ #HeadScarfPJSunday LOL 😂
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