May 13, 2013 (LifeSiteNews.com) – The jury in the Kermit Gosnell murder trial has told Judge Jeffrey Minehart that they are hung on two counts, according to reporters present in the courtroom.
The jury has not yet said on which two counts they are hung. Reports indicate that the judge will likely tell the jurors to try again to reach a consensus on the two counts. If they fail to reach a consensus, he may call a mistrial on the two counts and accept the verdicts on the those remaining.
The jury of seven women and five men is considering over 250 criminal counts against the late-term abortionist, including four counts of first-degree murder in the deaths of newborn babies. According to witnesses the babies were born alive and then killed by having their spinal cords snipped.
Defense attorney Jack McMahon has argued that the prosecution cannot prove definitively that the babies were born alive. He has argued that Gosnell first injected the babies with the drug Digoxin to ensure “fetal demise” before inducing labor to deliver the babies, and that any motions the babies may have made after birth were merely reflex reactions.
However, Assistant District Attorney Ed Cameron said that during the FBI drug raid that first uncovered the filthy conditions at the clinic back in 2010, Digoxin was not among the drugs found on the premises.
Three counts of first-degree murder were already dropped during the trial when Judge Minehart agreed with McMahon that there was insufficient evidence that the babies were born alive.
If convicted of any of the four counts of first-degree murder, Gosnell faces the possibility of the death penalty.
The jury entered its tenth day of deliberations today in a trial that has been on-going since mid-march.
The trial began on March 18, and since then jury members have spent hours daily listening to often extremely gruesome testimony about conditions inside Gosnell's infamous “House of Horrors” in Philadelphia.
Testimony has featured former employees of Gosnell describing how “hundreds” of babies, many of them past viability, were born alive in the clinic only to have their spinal cords snipped by Gosnell or one of his assistants. Employees described babies moving, breathing, screaming, and even “swimming” in a toilet after being born alive.
Last Thursday, the jury spent several hours listening to a re-reading of testimony from former Gosnell worker Adrienne Moton.
Moton, who herself pleaded guilty to third degree murder charges in October last year, reportedly sobbed her way through her testimony in court last month.
She recounted how she took a photograph with her cellphone of one baby she admitted killing, called “Baby A.” That photo was displayed on a large screen in the courtroom. (The photo can be seen on page 102 of the grand jury report.)
Moton said that the baby, which she estimated to be 30 weeks gestation, was pink, and that she thought that he could have survived.
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#Gosnell jury says it is hung on two counts, but don't say which ones.
— jdmullane (@jdmullane) May 13, 2013
— Sean G. O'Sullivan (@SeanGOSullivan) May 13, 2013