Three murder charges against Kermit Gosnell have been tossed out by the Judge.
After hearing impassioned arguments from attorneys on both sides of the Kermit Gosnell capital-murder trial Tuesday, a Philadelphia judge threw out three of the seven first-degree murder charges Gosnell faced for allegedly killing fetuses born alive at his abortion clinic.
Common Pleas Judge Jeffrey Minehart also tossed out all five counts against Gosnell accusing him of corpse abuse for storing the feet of aborted fetuses in plastic containers in his now closed Women’s Medical Society clinic.
Also dismissed by Minehart was one count of infanticide – the intentional killing of an infant. All other counts against Gosnell, 72, will be decided by the jury, the judge ruled.
One of the murder charges dropped was of the 28-week old “Baby B” who had been found in a freezer.
This doesn’t mean that Gosnell will escape conviction on the other counts, and in fact I would be shocked if he walked.
Still, I can’t help but be saddened that we live in a society that bases a murder charge on the technicality of whether an unborn baby had taken a breath at some point after being delivered from its mother. If we can’t take a look at this picture below and ALL conclude that the death of this child cries out for justice, then we are simply lost.
(EXTREMELY STRONG CONTENT WARNING)
Image via William Jacobson at Legal Insurrection.