Posted on 04/23/2013 11:18:52 AM PDT by LucianOfSamasota
t’s 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 ...
Was he “acquitted” by a jury? Or did the judge throw the charges out?
So evil.
OJ jury??
If he’s found guilty, then they might have to prosecute the corrupt officials around Philly who let this continue (members of hospitals, CDC, and other offices/institutions).
I almost said, “Unbelievable”, but remembered that it’s the Devil’s World.
You can have a “directed verdict of acquittal” at this stage in the trial. At the conclusion of the prosecution’s case the defense makes a motion that, assuming all of the prosecution’s evidence is true and viewing all evidence in the light most favorable to the prosecution, the prosecution has not entered sufficient proof as to each and every item that the prosecution has to show to convict on one or more counts. This means that the trial is over as to those counts and those counts do not reach the jury for a decision.
If this is what happened, double jeopardy attaches to those counts, and Gosnell cannot be tried again on them.
To: LucianOfSamasota
Acquitted?
Yeah. Maybe someone else murdered those babies, caused the death of that immigrant woman, left baby body parts in other women, left baby parts in the refrigerator, snipped them necks, and so on and so on........
Yep! The good doctor just rented the building to someone who did all those deeds. He was in Hawaii at the time.
Good grief people, what has our country become?
To: LucianOfSamasota
Acquitted?
Yeah. Maybe someone else murdered those babies, caused the death of that immigrant woman, left baby body parts in other women, left baby parts in the refrigerator, snipped them necks, and so on and so on........
Yep! The good doctor just rented the building to someone who did all those deeds. He was in Hawaii at the time.
Good grief people, what has our country become?
After November, NOBODY wants to be tagged with being part of the War on Women.
You may be correct, but my understanding is that unless the charges are dropped “with prejudice”, they can be refiled; it’s only if the trial grinds all the way to a formal conclusion with a formal verdict of “Not Guilty” that the double-jeopardy protections kick-in.
Generally, as I understand, even if it gets to the point of the trial concluding and going to the jury, if the jury “hangs” and the judge calls a Mistrial, then the prosecution has the option of trying again.
Gosnell is a one-man War Against Women.
And Children.
Yes a mistrial doesn’t necessarily attach double jeopardy.
I think the “logic” goes something like this: If the prosecution, or judge, dismisses a charge after the prosecution has rested their case, double jeopardy attaches. If not, if the case reaches a hung jury, then the case ( charges) can be retried.
Put another way, if the prosecution “ gives up” (by dismissing or dropping) on a charge ( or charges ) then double jeopardy attaches, but if they don’t, or if a judge doesn’t determine that their case hasn’t met a bare minimum of proof, and this goes to the conclusion of the trial, then the charg(es) can be brought again (because they didn’t “give up” before the end. )
Crude, but I believe an accurate description of the operative “logic” here.
Of course he can still be civilly tried...
I’m aware of this, however it has no bearing on how this trial is publicized around the country by those opposed to abortion. My argument is that they should do their level best so that every debate for the next 20 years uses these horrors as a backdrop.
PHILADELPHIA (CBS) — The judge overseeing the trial of Philadelphia abortion doctor Kermit Gosnell today dismissed three of the eight counts of murder against him.
Since the POTUS, who won Pennsylvania with stuffed ballot boxes in the oh so corrupt Philadelphia, is going fundraising for DNCs and Planned Parenthood this week, I’m guessing this was predictable. Wonder what’s in this judge’s closet.
He dropped the charges. There’s still enough to stick a needle in Gosnell.
Awesome!
He can’t come soon enough!
If you see posts of interest to Pennsylvanians, please ping me.
Thanks!
What NOW gang!? NOW is a JOKE!
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