LifeNews.com is reporting the Gosnell's defense attorney, Jack McMahon, asked the judge to drop three of the charges for killing babies born alive after abortion because there was not enough evidence to prove the babies were alive when they were born.
McMahon reportedly told the judge “there is not one piece …. of objective, scientific evidence that anyone was born alive.”
Former staffers at the Women's Medical Center in West Philadelphia testified to seeing signs of life in babies after abortion, saying that some "jumped", "screamed", and even tried to escape when being born in a toilet.
These babies were all killed by having their necks snipped with a scissor.
Judge Jeffrey Minehart agreed that he had not heard enough evidence that these particular babies were born alive and dropped the charges. He also dropped five other charges related to abuse of a corpse, charges which pertained to the keeping of baby's feet in jars in the clinic, which Gosnell claimed were for research purposes.
Gosnell still faces charges in the deaths of four other babies born alive in botched abortions, and the death of 41-year-old Karnamaya Mongar. He is also facing a variety of other charges such as violating Pennsylvania abortion law by performing abortions after 24 weeks, operating a corrupt organization and other crimes.
"I am shocked that these counts have been dismissed," said Cheryl Sullenger, Senior Policy Advisor for Operation Rescue, who has observed the trial and published first-hand accounts of the proceedings.
"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 Gosnell's horrific slayings."
She warned: "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."
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