Posted on 04/23/2013 11:18:52 AM PDT by LucianOfSamasota
ts shaping up to be a dramatic day in the courtroom for those keeping a watchful eye on the Dr. Kermit Gosnell case. According to columnist J.D. Mullane, a writer for the Bucks County Courier Times, the abortion doctor was acquitted this morning on three counts of murder.
In a series of tweets from inside the courtroom, Mullane described the dismissals, noting that Gosnell still has five murder charges remaining against him (in sequence from oldest to newest):
#Gosnell defense atty Jack McMahon asks Judge Jeffrey Minehart for abort doc's acquittal. Judge listens, takes recess.
#Gosnell Judge Minehart acquits abort doc on 3 counts murder, 1 infanticide, 5 abuse of corpse; but 5 murder charges remain.
(Excerpt) Read more at theblaze.com ...
It's not an "acquittal" by the jury, but legally it has the same effect. If a judge dismisses a charge before trial, the prosecution can appeal. If, as here, the judge and the jury hear the evidence and then the judge dismisses the charge before the jury gets the case, it is legally considered an "acquittal" in that the prosecution cannot appeal and the defendant cannot be re-tried on that charge.
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