Cheryl Sullenger

Gosnell still facing 380 criminal charges, including five murder charges

Cheryl Sullenger
By Cheryl Sullenger
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Philadelphia, PA, April 24, 2013 (OperationRescue.org) – In a surprise move, the defense in the Kermit Gosnell murder trial has rested without calling a single witness. The news comes on the heals of a clarification by Judge Jeffery P. Minehart about a mix-up in the dismissal of one of the murder charges yesterday.

Closing arguments are set for Monday.

Yesterday’s dismissal of nine criminal charges against accused murderer Kermit Gosnell stunned many who have followed this macabre case involving babies born alive during illegal late-term abortions then intentionally killed amid squalid conditions at Gosnell’s “House of Horrors” abortion clinic.

Today, Judge Jeffery P. Minehart clarified that he did not intend to drop the First Degree Murder charges for Baby C, a baby witnesses said was breathing for 20 minutes before it was stabbed in the neck by Lynda Williams in Gosnell’s presence.

Instead, murder charges should have been dismissed in the death of Baby F for which there was less compelling evidence.

Nevertheless, the dismissals are expected to have little effect on the trial’s outcome. Court records show that Gosnell still faces over 380 criminal counts, including five murder charges. A conviction on any of the First Degree murder counts would mean he could still receive the death penalty or life in prison without parole.

After heated arguments by Defense Attorney Jack McMahon and Assistant District Attorney Ed Cameron, Judge Minehart dismissed the following charges without explanation:

• Three counts of First Degree Murder in the deaths of Babies Boy B, Baby G, and Baby F (after correction by the judge).
• Five counts of Abuse of Corpse related to the discovery of five jars containing the severed feet of large aborted babies.
• One count of Infanticide in the case of Baby Boy B

However, according to court records, Conspiracy and Solicitation to Commit Murder charges for Baby G remain active and were not dismissed with the murder charges.

Also dismissed were were six counts of “Theft by Deception” against former Gosnell employee Eileen O’Neill, sho is standing trail with Gosnell. She is accused of billing for medical services provided as she was masquerading as a license physician. Three remaining counts will go to the jury.

Victims’ Cases Won’t Go to the Jury

Baby Boy B was discovered during the original 2010 law enforcement raid of Gosnell’s abortion clinic frozen in a red biohazard bag along with the remains of 46 other aborted babies. The medical examiner told the grand jury that he estimated gestational age of Baby Boy B to be 28 weeks. This baby was intact and bore the now-familiar neck wound that indicated his spinal cord had been severed. However, there was no testimony presented during the trial that this baby ever moved or breathed. Gosnell had been charged with infanticide related to the death of Baby Boy B.

Baby G was of an unknown gestational age. An unlicensed abortionist who worked with Gosnell testified before the Grand Jury that he helped Gosnell deliver Baby G and observed a “respiratory excursion,” or a breath. He said Gosnell then turned the baby over and severed his spinal cord with scissors.

Baby F was estimated to be 25-27 weeks gestation when Steven Massof, an unlicensed abortionist employed by Gosnell, assisted his boss in the abortion and delivery of the intact baby. Massof testified that he saw a leg “jerk and move” after which he saw Gosnell sever its spine.

Other Charges Also Dropped

The five abuse of corpse charges dismissed by Judge Minehart related to five jars of severed feet seized from Gosnell’s clinic. McMahon argued that they were kept for possible DNA sampling and as proof of gestational age, but medical professionals who testified all said that there was no known medical reason or precedent for such behavior.

While those charges have been dropped, it is estimated that over 380 other criminal charges remain, including four counts of first degree murder for the deaths of Baby Boy A, Baby D, Baby E, Baby F and one count of Third Degree Murder for the death of patient Karnamaya Mongar.

Four Remaining First Degree Murder Counts

Baby Boy A was the biggest baby that Kareema Cross had ever seen delivered at Gosnell’s abortion “House of Horrors” clinic in the four years she worked there. He was delivered to 17-year-old Shaquana Abrams at 29.4 weeks gestation, according to an ultrasound record. Baby Boy A was so large, he did not fit into the plastic shoe box that Gosnell tossed him in. Cross said she saw the baby pull in his arms and legs while Gosnell explained the movements as “reflexes” telling her the baby really didn’t move prior to cutting the baby’s neck. Baby Boy A was so large, Gosnell joked that “this baby is big enough to walk around with me or walk me to the bus stop.” Cross and fellow employees Adrienne Moton and 15-year old Ashley Baldwin were all so “startled” by the size of the baby that they all took photos of the baby with their cell phones.

Baby C was an intact baby of over 25-weeks gestation. Kareema Cross testified that she saw Baby C breathing and described the up and down chest movements she observed for 20 minutes. She told the court she saw Lynda Williams lift the baby’s arm and watched as the newborn drew it back on its own power. Afterwards, Williams inserted surgical scissors into the baby’s neck and “snipped” the spinal cord. Gosnell was said to be in the room at the time. This baby’s murder charges were unintentionally dismissed in the place of Baby F, but were reinstated after Judge Minehart discovered his error.

Baby D was described by witnesses as 12-15 inches long with the head the size of a “big pancake” when he was delivered into a toilet. Kareema Cross testified that she saw the baby struggling, using swimming motions in an attempt to get out of the toilet bowl. Adrienne Moton pulled the baby out and “snipped” the neck, as Gosnell had taught her to do, while the mother watched. Gosnell has also been charged with Criminal Solicitation of Moton to commit murder of Baby D.

Baby E was estimated to be at least 23 weeks gestation and maybe more. After Baby E was delivered, teen Ashley Baldwin heard the baby cry and called Kareema Cross for help. Cross described the baby’s cry as a “whine.” Baldwin said that Gosnell when into the room then came out with the baby — which now had an incision in its neck — and tossed it into the waste bin.

Mongar Murder Count Still Active

Gosnell also still faces one Third Degree Murder charge in the drug overdose death of second-trimester abortion patient Karnamaya Mongar. Witnesses testified that Mongar was not breathing right but Gosnell completed the abortion before attempting to revive Mongar. A defibrillator present in the room at the time was broken and unusable. Gosnell also faces several other charges related to the death of Mongar, including Murder by Drug Delivery Resulting in Death.

Other Active Criminal Charges

Gosnell faces a massive amount of other charges related to his corrupt abortion organization, including several violations of the Controlled Substances act for sloppy or improper drug handling and administration by unqualified employees. He also faces numerous Conspiracy and Solicitation charges related to the murder of newborns and illegal distribution of drugs. Gosnell faces a whopping 310 counts of violating Informed Consent laws, 33 counts of abortion at more than 24 weeks, and 10 counts of Theft by Deception, and three counts of Corruption of a Minor. He is also facing charges of running a Corrupt Organization and Racketeering.

Below is a full listing of his active charges, all of which will go to the jury:

• Murder (Karnamaya Mongar), 3rd degree, 18 Pa.C.S. § 2502(c)
• Murder, drug delivery resulting in death (K. Mongar), 18 Pa.C.S. § 2506
• Controlled Substances Act, 35 P.S. 780-§113(f)(30), F-1
• Controlled Substances Act, 35 P.S. 780-§113(f)(14), F-1
• Conspiracy (Controlled Substances Act), 18 Pa.C.S. § 903, F-1
• Solicitation (Controlled Substances Act), 18 Pa.C.S. § 902, 2 counts, F-1
• Hindering Apprehension or Prosecution, 18 Pa.C.S. § 5105(a), F-3
• Obstructing Administration of Law, 18 Pa.C.S. § 5101, M-2
• Murder (Baby Boy A), 18 Pa.C.S. § 2502
• Conspiracy (Murder of Baby C), 18 Pa.C.S. § 903, F-1
• Solicitation (Murder, Baby C), 18 Pa.C.S. § 902, F-1
• Murder (Baby D), 18 Pa.C.S. § 2502
• Conspiracy (Murder of Baby D), 18 Pa.C.S. § 903, F-1
• Solicitation (Murder, Baby D), 18 Pa.C.S. § 902, F-1
• Murder (Baby E) 18 Pa.C.S. § 2502
• Murder (Baby F), 18 Pa.C.S. § 2502
• Conspiracy (Murder of Baby F), 18 Pa.C.S. § 903, F-1
• Conspiracy (Murder of Baby G), 18 Pa.C.S. § 903, F-1
• Solicitation (Murder of Baby G), 18 Pa.C.S. § 902, F-1
• Conspiracy (murder, generally), 18 Pa.C.S. § 903, F-1
• Infanticide (Baby Girl A), 18 Pa.C.S. § 3212, F-3
• Abortion at 24 or more weeks (33 counts), 18 Pa.C.S. § 3211, F-3
• Conspiracy (Abortion, 24 or more weeks), 18 Pa.C.S. § 903, F-3
• Informed consent violations (310 counts), 18 Pa.C.S. § 3205, M-3
• Theft by deception (10 counts), 18 Pa.C.S. § 3922, M-1
• Conspiracy (Theft by deception), 18 Pa.C.S. § 903, M-1
• Controlled Substances Act (Massof), 35 P.S. 780-(§113(f)(30), F-1
• Controlled Substances Act (Massof), 35 P.S. 780-(§113(f)(14), F-1
• Conspiracy (Controlled Substances Act), 18 Pa.C.S. § 903, F-1
• Corrupt Organizations, Racketeering, 18 Pa.C.S. § 911(b), F-1
• Corrupt Organization, Conspiracy,18 Pa.C.S. § 911(b)(4), F-1
• Corruption of Minors (3 counts), 18 Pa.C.S. § 6301, M-1
• Obstructing Administration of Law, 18 Pa.C.S. § 5101, M-2
• Tampering with or Fabricating Evidence, 18 Pa.C.S. § 4910, M-2

Gosnell also faces numerous Federal drug charges for the illegal distribution of narcotics that ended up on the streets of Philadelphia. He is expected to be tried in that case sometime later in Federal Court.

“The prospect of Gosnell being completely exonerated seems highly unlikely, but when a jury is involved, anything can happen,” said Troy Newman, President of Operation Rescue. “While the spotlight shines on this horrific case, we remain acutely aware that abortion clinics across America are operating in Gosnell-like conditions committing violations that Gosnell also committed. We continue to pray for justice in the Gosnell case and that all abortionists of his ilk will soon be brought to justice. May the Gosnell case speed the day when abortion is abolished in this country for good.”

Operation Rescue plans to be in the courtroom for closing arguments.


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Michelle Kaufman, New Zealand Correspondent

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Abortion group targets pro-life doctors, nurses with new website: New Zealand

Michelle Kaufman, New Zealand Correspondent
By Michelle Kaufman

Pro-life health practitioners and crisis pregnancy centres in New Zealand are the target of a new website designed to intimidate those who choose not to refer for abortion or prescribe contraception.

The website, My Decision, is created by the Abortion Law Reform Association of New Zealand (ALRANZ). 

The site lists health practitioners and crisis pregnancy centres which they believe women should avoid.  The incomplete list includes the names of individuals or organisations, the region and town, and whether they are a doctor, nurse or other provider. 

Women are asked to submit their stories of “hostile or unhelpful health professionals.”  The stories are non-identifying and can be edited for length or clarity.  At the time of writing only two stories had been posted.

In an earlier blog post, ALRANZ mentioned that the new website, which was still under construction at the time, is “aimed at shining the light on ‘conscientious objectors’… who deny people the reproductive healthcare they want or need.”

Right to Life NZ says they believe the site is “denigrating the good name and reputations of health professionals who believe that abortion is a harmful choice.”

Click "like" if you are PRO-LIFE!

Under New Zealand law, health practitioners can object to providing reproductive health services according to their conscience.  However, there is one caveat – they “must inform the person who requests the service that he or she can obtain the service from another health practitioner or from a family planning clinic.”

 “Sonscientious objection is a fundamental right and one that must be preserved if we are to continue to live in a free and civil society,” said Chris O’Brien, Vice President of Right to Life NZ. “We risk tyranny if this right is taken away.”

“There are very good doctors that appear on that website” said Dame Colleen Bayer, whose Dunedin Family Life Crisis Pregnancy Centre is also named.  “These doctors speak truthfully and have real care and concern for their patients.  Women do themselves a disservice to discount them based on this information.”

The resource section on the My Decision website links to ALRANZ, Family Planning (an affiliate of International Planned Parenthood Federation and an abortion provider), and the website Abortion Services in New Zealand. 

The Abortion Services website is sponsored by ISTAR Ltd, a registered Charitable Trust which is the sole importer of mifepristone into New Zealand.  ISTAR also provides Manual Vacuum Aspiration equipment for early surgical abortions.

ALRANZ, was instrumental in the writing of the Greens abortion policy, which was unveiled earlier this year.  That policy aims to take abortion out of the Crimes Act making it more accessible.  The policy also targets health professionals who may conscientiously object to ensure they refer patients on to a “neutral practitioner”.

More information about freedom of conscience in healthcare 


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The government is proposing allowing the killing of pre-born babies suspected of being disabled and those conceived through rape or incest.
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Northern Ireland considers allowing killing disabled unborn babies: pro-lifers condemn

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By Thaddeus Baklinski

Northern Ireland’s leading pro-life group, Precious Life, has condemned this week's announcement by Justice Minister David Ford that a consultation on changing the abortion law will be "ready by autumn." The government is considering allowing the killing of pre-born babies suspected of being disabled and those conceived through rape or incest.

“Abortion is a serious criminal offence in Northern Ireland,” said the director of Precious Life, Bernadette Smyth. “The law here protects unborn babies, and David Ford as Minister for Justice must ensure that all children are legally protected."

Last December, Ford revealed he would be undertaking a consultation to consider changes to the law after he heard the stories of two women, who complained that they had not been allowed to abort their babies who had been diagnosed with anencephaly. Instead, they said, they had traveled to Britain for abortions.

Abortion was refused under Northern Ireland’s laws because the diagnosis of anencephaly for the child poses no medical threat to the mother.

Click "like" if you are PRO-LIFE!

On Monday Ford told the BBC that the Department of Justice would bring forward its consultation paper on changing Northern Ireland's abortion laws by the fall.

However, Smyth warned that “the core ethical principle which must underpin this discussion is that every child deserves the right to life regardless of how short their life may be, and regardless of the circumstances of their conception."

She vowed that Precious Life will launch a public campaign in support of the life of all unborn babies.

“We all feel enormous sympathy for parents in these traumatic and distressing cases," Precious Life stressed in a statement. "But parents in these difficult situations deserve much more than our sympathy – they need a professional support system in place, which will provide them with help, support and resources.

"Precious Life are resolved to work towards a solution that loves and protects both mother and baby. Once again we call on the Health Minister to immediately establish perinatal hospice services for parents who have received a poor or difficult prenatal diagnosis for their baby,” said Smyth.

 

Contact:

Justice Minister David Ford
Department of Justice
Stormont Estate
Belfast, Northern Ireland
BT4 3SG
Phone:(028) 9076 3000
Email: via website (http://www.dojni.gov.uk/contact-us.htm)


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80% of parents who have an unborn child with spina bifida choose abortion. But Chad Judice (pictured with Eli) knows that life is worth it.
Dustin Siggins Dustin Siggins Follow Dustin

Abortion? No way. Dad says son with spina bifida is a ‘gift’ to the family.

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By Dustin Siggins

What is the most pro-life, pro-God influence in your life? According to Catholic author and speaker Chad Judice, his five-year old, disabled son has been a tremendous source of happiness and faith for even the hardest of hearts.

In an op-ed published in The New York Post, Judice writes that when he and his wife found out their unborn son Elijah had spina bifida, they were offered the option of abortion. While they chose life, it didn't stop them from fearing the worst for their careers, eldest child, and Eli.

"That evening...Ashley cried as she read to me from the literature we’d been given," writes Judice. "It said 80 percent of parents who receive a spina bifida diagnosis choose abortion."

"And it told us that our son might have learning disabilities and be paralyzed from the waist down, unable to ever walk."

According to WemMD.com, the two most common forms of spina bifida have few, if any effects, on those who have them. However, the most rare and most aggressive form of the disability can result in significant problems for life:

  • Little or no feeling in their legs, feet, or arms, so they may not be able to move those parts of the body.
  • Bladder or bowel problems, such as leaking urine or having a hard time passing stools.
  • Fluid buildup in the brain (hydrocephalus). Even when it is treated, this may cause seizures, learning problems, or vision problems.
  • A curve in their spine, such as scoliosis.

Eli's form of spina bifida was severe, but -- as it turned out -- manageable, writes Judice. Despite surgeries and "medical challenges," he was out of the hospital within thirty days, though seizures and surgeries would continue to challenge the family. At five-and-a-half, he is entering kindergarten, learning to walk with modern technology, and "his intelligence is at or above average, and he's very talkative."

But perhaps the greatest miracle of all, Judice says, is the effect Eli has had on those who are outside of the family. His story has helped "some pregnant mothers...to reject abortion," and "rekindle the dormant faith of some...drawing them into a life with more room for God and family."

One of those rekindled Christians was a man who, after years in prison, prayed for Eli "as he recited The Lord's Prayer." According to Judice, "it was the first time he’d prayed in 30 years."

Since Eli's birth, Judice has written two books about his son and their family. "Waiting for Eli: A Father's Journey from Fear to Faith" was the first, and has received praise from Father Frank Pavone of Priests for Life. According to Pavone, it is "an inspiring story of faith, hope, love, and the power of prayer."

"The world judges the value of human life by physical perfection, but God sees things differently. To Him, we are perfectly lovable in our imperfection. Uplifting in its reverence for human life in its most fragile stages, WAITING FOR ELI will encourage pro-life activists everywhere, from the most seasoned to the newly initiated."

Also unstinting in praise was the Chair of the Committee for Pro-Life Activities, Archbishop Daniel Cardinal Dinardo, who writes for Judice's website that the book "chronicles [Judice's] spiritual journey from fear of one’s personal limitations to self-abandonment to the divine mercy of God’s providence."

The second book, "Eli's Reach: On the Value of Human Life and the Power of Prayer," received the "Best Book by Small Publisher" award in 2013 by the Catholic Press Association.

"I think of Eli as God’s special gift to my family," Judice wrote in the Post. "And as I share about him, Eli’s story softens hearts and brings people to a greater appreciation of the beauty and sacredness of life."


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