Skip to comments.Gosnell Judge Reinstates Charge for Baby Tossed in Shoe Box, Still Breathing
Posted on 04/24/2013 8:37:13 AM PDT by Morgana
The judge in the Kermit Gosnell murder trial admitted today he made an error when dropping one of the charges against the abortion practitioner.
Common pleas court Judge Jeffrey Minehart admitted he erred when dropping the murder charge for Baby C, who was killed in an abortion-infanticide when he was a victim of an attempted abortion but was born alive and tossed in a shoe box, with Gosnell staffers confirming they saw him breathing for 20 minutes.
Gosnell faces eight total murder counts one for killing a woman in a botched abortion and seven for killing babies in abortion-infanticides that involved live-birth abortions and snipping their necks after birth. The judge received heavy criticism yesterday for dropping three of the murder charges.
Gosnells defense attorney asked the judge to drop three of the charges for killing the babies and the judge agreed with the contention there was not enough evidence to convict Gosnell on those charges. Another charge of infanticide was also dropped. He still faces the other charges the prosecution has brought and the murder trial will continue on them.
One of the three charges the judge dropped includes a 28-week unborn baby who was killed in an abortion-infanticide and eventually discovered in a freezer at Gosnells clinic. Another involved Baby B, about whom a Gosnell staffer testified was a newborn child who survived a failed abortion and was still breathing into a shoe box.
The third murder charge thrown out was for Baby G, who was the subject of testimony of a former Gosnell staff who, in the grand jury report, said he saw alive. Steven Massoff said he saw exhibit a respiratory excursion, meaning a breath.
The reinstated charge involves Baby C about whom a Gosnell staffer testified was a newborn child who survived a failed abortion and was still breathing into a shoe box.
During this mornings trial hearing, Judge Minehart also dismissed murder charges regardingBaby F, who was seen by Gosnell staffers making a single leg movement after birth and before Gosnell employees snipped the infants neck.
Kareema Cross told the jury she saw at least 10 children who were breathing after botched abortions but killed afterwards. What happened shocked her so badly she took photographs to document what happened. Cross took pictures to document filth in the abortion clinic and a picture of a huge baby boy tossed in shoe box breathing, moving, and too big for the box. Cross testified of large babies birthed, moving, and moaning some for 20 min before their necks were snipped.
Gosnell gave the unborn children digoxin not to kill baby but slow heart, Cross said. Gosnells attorney claims the drug killed the unborn children before birth and before he snipped their necks.
But one pro-life advocate who has been following the trial closely says the charge should not have been dismissed.
I am shocked that these counts have been dismissed. I have heard testimony by very credible witnesses to the effect that these babies were murdered in cold blood by Gosnell as they cried and struggled for life. We pray that justice will be done in the remaining five victims of Gosnells horrific slayings, said Cheryl Sullenger, Senior Policy Advisor for Operation Rescue, who has observed the trial and published first-hand accounts of the proceedings.
Sullenger said testimony from the medical examiner and toxicologist has indicated that there was no evidence the babies were injected with Digoxin to ensure the babies were dead prior to the abortion, as the defense has claimed.
The medical examiner testified that tests were inconclusive as proof that the babies were born alive. However, the tests also did not prove the babies were dead prior to birth. Those inconclusive test results were overshadowed by the weight of testimony from witness after witness, who detailed how the babies were in fact living prior to being murdered through what one witness described as a virtual beheading.
If Gosnell gets off scot-free, that will send a message that murdering live babies and abortion patients is now acceptable behavior in America and that abortionists who engage in such depraved practices are above the law. This would put women and babies in grave danger more than they already face at abortion clinics throughout the nation, said Sullenger.
From the testimony Cross gave during the trial:
In the final day of the prosecution of former abortion doctor Kermit Gosnell, a former staffer testified that she saw at least 10 babies breathing, which were delivered at Gosnells West Philadelphia clinic, before Gosnell or another staffer ended their lives by cutting their spinal cord with scissors.
Kareema Cross told a jury that she was so unnerved by this and other things she saw at Gosnells West Philadelphia clinic between 2005 and 2009 that she took pictures to document the filthy conditions.
Cross, under questioning from Assistant District Attorney Joanne Pescatore, told the jury she saw at least 10 to 25 instances where babies delivered by abortion patients after receiving labor-inducing drugs were breathing and vividly recalled a few instances where she saw movement.
In another instance, Cross recalled when Lynda Williams, a Gosnell staffer who lived in Delaware, had a child that had been delivered by a patient and saw it breathe. The chest was going up and down she said.
Lynda pulled its hand and the baby pulled the arm back, she said, adding a short time later Williams flipped the child over and snipped the spinal cord with a pair of scissors.
Williams, in her testimony earlier this month, testified only that she saw the babys arm jump when she cut the spinal cord.
On a different occasion, Cross said she heard a baby cry out. She said a co-worker who heard it first came to get her and she listened at the door, where the babys body was, and heard mmm . A whine, a soft whine, once.
During the trial Gosnells defense lawyer, Jack McMahon, claims none of the babies were born alive who Gosnell killed in abortion-infanticide procedures but were dead before birth due to a lethal drug injection and that Gosnell and his staff snipped their necks after birth. McMahon claims no babies were ever killed in the gruesome abortion process, which involved snipping the spinal cords of the children by jabbing medical scissors into the backs of their necks, because the babies were supposedly already dead.
Thats not what two staffers for Gosnell admitted in court with one saying she heard a baby scream and another saying the baby jumped when the newborn was stabbed in the neck with the scissors.
McMahon is attempting to get the jury to buy a story that Gosnell used a drug called Digoxin to kill the baby in utero and then to deliver a dead child. He claims Gosnell just wanted to snip the spinal cords to ensure the baby was dead already. The Gosnell staffer admitted thats what the abortion practitioner told her he was doing.
Although the defense attorney claimed the babies were dead and that jabbing them in the neck with scissors was needed to make sure that was the case, Gosnell staffers also told the court one at least two occasions that the babies were not dead when their necks were stabbed.
God help us.
The more I hear of this monster, the sicker I get.
God help us.
He is, He is showing use the true face of “Choice”...
Is Gosnell alive? I mean we see him breathing, but how do we know that it is not just the “last involuntary movements before death”, as his attorney stated. Can we snip his spine to find out?
I keep thinking of the people of Philadelphia many of whom support these horrid practices in the name of “sexual freedom”.
I actually asked my Priest the other day if Gosnell was soulless. My Priest assured me that Gosnell had a soul so I believe him, however I have no idea what Gosnell did with it.
For them, there will also be a day of reckoning.
What on earth was this judge thinking?!
Everyone has/is a soul but someone like Gosnell is most certainly a spiritually dead soul.
As Jesus said, they are dead while they live.
The walking dead (spiritually).
What gave it away, Judge?
“Reinstates” charge?? IANAL but is this irregular enough to let him get scot free?
Obama supports Gosnell. This is what Obama supported while in the Illinois senate. In a very specific instance when a baby is born alive Obama voiced his opposition, repeatedly, to the baby receiving any medical attention.
Want’s to make sure that his daughters, and others, if they make a mistake, aren’t “punished with a baby”.
Gosnell is not the only one doing this by far. He’s just the one who got caught.
And Barry Sotereo refused to vote to make this illegal in IL.
Can’t we just shoot that em-effer through the head and be done with it?
Expect a mistrial to be called.
It doesn’t get more extreme than a president who had a problem with the following text:
1 AN ACT concerning infants who are born alive.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Statute on Statutes is amended by adding
5 Section 1.36 as follows:
6 (5 ILCS 70/1.36 new)
7 Sec. 1.36. Born-alive infant.
8 (a) In determining the meaning of any statute or of any
9 rule, regulation, or interpretation of the various
10 administrative agencies of this State, the words “person”,
11 “human being”, “child”, and “individual” include every infant
12 member of the species homo sapiens who is born alive at any
13 stage of development.
14 (b) As used in this Section, the term “born alive”, with
15 respect to a member of the species homo sapiens, means the
16 complete expulsion or extraction from its mother of that
17 member, at any stage of development, who after that expulsion
18 or extraction breathes or has a beating heart, pulsation of
19 the umbilical cord, or definite movement of voluntary
20 muscles, regardless of whether the umbilical cord has been
21 cut and regardless of whether the expulsion or extraction
22 occurs as a result of natural or induced labor, cesarean
23 section, or induced abortion.
24 (c) A live child born as a result of an abortion shall be
25 fully recognized as a human person and accorded immediate
26 protection under the law.
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.
Stuff this bass-turd into a shoebox for the rest of his life and see how he likes it.