PHILADELPHIA, April 23, 2013 (LifeSiteNews.com) – Kermit Gosnell's defense attorney argued today that it was “ludicrous” for an abortion clinic worker to believe a baby was alive simply because she saw it moving.

Attorney Jack McMahon told the court Gosnell's former employee saw only a baby's final, involuntary movements, not any signs of life.

“If we are going in this room to say a baby is born alive, because it moves one time without any other movement, that is ludicrous,” McMahon said. “This wasn’t a baby moving!”

Lynda Williams said Gosnell told her the same thing – that the breathing she observed was involuntary.

McMahon has maintained that his client snipped baby's necks outside the womb only to assure “fetal demise.”

McMahon attempted to convince the court that Williams had seen only one twitch of a baby's arm inside Gosnell's Women's Medical Society in West Philadelphia.

Establishing that the babies were alive before Gosnell “snipped” their necks with scissors is pivotal for the prosecution's case. Chief Medical Examiner Sam Gulino testified recently that he was not certain the babies Gosnell killed were born alive.

McMahon asked him, “Am I correct then that, based on your total evaluation of these fetuses, 47 of them...you cannot testify that any one of these was born alive, can you?”

“That’s correct,” he replied. “I cannot.”

However, the prosecution can rely on the eyewitness testimony of other employees who saw more demonstrative behavior.

Former Gosnell assistant Tina Baldwin said one baby writhed in pain so furiously that the doctor joked, “That’s what you call a chicken with its head cut off.”

Sherry West, testified she saw an 18-to-24-inch baby who had been “aborted,” lying in a clear glass pan, “screeching [and] making this noise” that “sounded like a little alien."

One baby was born alive in a toilet, struggling to swim out, Kareema Cross said.

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Earlier today, Judge Jeffrey Minehart dismissed nine charges against Gosnell, including three murder charges, one count of infanticide, and five cases of abusing a corpse.

One of the murder charges Minehart dismissed was that of “Baby B,” whose picture has become strongly identified with Gosnell and his “house of horrors.”

Steven Massof testified he had seen another baby whose murder was dismissed, “Baby G,” breathing before having his spinal cord severed.

Adam Cassandra of Human Life International tweeted that rather than reducing charges, the judge should be pressing more.

Baldwin testified she saw “hundreds” of living babies “snipped.” Massof told the court early this month when contractions kicked in, It would rain fetuses, fetuses and blood all over the place.”