Blog Post

Judge Reinstates Murder Charge Against Gosnell

Citing a "clerical error," Philadelphia Court of Common Pleas Judge Jeffrey P. Minehart reversed himself on one of the three counts of first-degree murder he dropped yesterday against late-term abortionist Kermit Gosnell.

CNSNews is reporting that Judge Minehart reinstated the murder charge involving a six to seven month-old infant known as Baby C who was born alive after an abortion and had been breathing for 20 minutes before being killed. During testimony, a clinic worker said she saw the baby pull his hand away when another staffer tried to take its hand.  .

It was “my error,” Judge Minehart said, having mistaken Baby C for a different baby, known as Baby F, in the proceedings.

The other two dismissed charges involve Baby G and Baby Boy B, whose body "was found at the clinic frozen in a one-gallon spring-water bottle, [and] was at least 28 weeks of gestational age when he was killed," the Grand Jury report stated. "The 28-week fetus, a male (Baby Boy B) had a surgical incision on the back of the neck, which penetrated the first and second vertebrae.”

The report clearly stated that it was the Grand Jury's belief that "given the manner in which Gosnell operated, that he killed the vast majority of babies that he aborted after 24 weeks. We cannot, however, recommend murder charges for all of these cases. In order to constitute murder, the act must involve a baby who was born alive. Because files were falsified or removed from the facility and possibly destroyed, we cannot substantiate all of the individual cases in which charges might otherwise have resulted.”

Lack of evidence was the reason cited for the dropped charges.

However, Gosnell is still facing charges for the first-degree murder of four other babies born alive, the third-degree murder for the death of a mother, infanticide, conspiracy, abortion at 24 or more weeks, theft, corruption of minors, solicitation and other related offenses.

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