Gosnell still facing 380 criminal charges, including five murder charges
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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Pope’s exhortation is a ‘breach’ with Catholic Tradition: leading German philosopher
April 28, 2016 (LifeSiteNews) – A prominent Catholic philosopher and close friend of Pope Emeritus Benedict XVI said Thursday that Pope Francis’s exhortation Amoris Laetitia is a “breach” with Catholic tradition and directly contradicts the teachings of Pope St. John Paul II in his exhortation Familiaris Consortio.
"If the pope is not willing to make a correction, it is up to another pontificate to officially put things back into order."
Professor Robert Spaemann told the Catholic News Agency’s German branch that changing the Church’s sacramental practice would be “a breach with its essential anthropological and theological teaching on human marriage and sexuality.”
“It is clear to every thinking person who knows the texts that are important in this context that [with Amoris Laetitia] there is a breach” with the Church’s Tradition, Spaemann said.
The professor’s remarks were translated by Dr. Maike Hickson in an article at OnePeterFive.
In Familiaris Consortio, Pope St. John Paul II upheld the Church’s longstanding approach to the question of admitting to the Sacraments remarried divorcees, by writing:
…the Church reaffirms her practice, which is based upon Sacred Scripture, of not admitting to Eucharistic Communion divorced persons who have remarried. They are unable to be admitted thereto from the fact that their state and condition of life objectively contradict that union of love between Christ and the Church which is signified and effected by the Eucharist. Besides this, there is another special pastoral reason: if these people were admitted to the Eucharist, the faithful would be led into error and confusion regarding the Church's teaching about the indissolubility of marriage.
Footnote 351 of Amoris Laetitia seemingly contradicts the above passage by asserting that in certain cases, integrating back into the Church the divorced and remarried and others in “irregular” situations “can include the help of the sacraments.” The footnote then mentions both Confession and the Eucharist.
Bishop Athanasius Schneider, Auxiliary Bishop of the Archdiocese of Maria Santissima in Astana, Kazakhstan criticized Amoris Laetitia for its lack of clarity on the subject. “Analyzing some of the affirmations of AL with an honest understanding, as they are in their own context, one finds that there is a difficulty in interpreting them according to the traditional doctrine of the Church,” wrote Schneider.
Spaemann also condemned the exhortation’s seeming embrace of “situation ethics” as opposed to universal norms and its call to not judge people’s actions that directly contradict the Church’s sexual ethics.
“When it comes to sexual relations which are in objective contradiction to the Christian order of life, I would like to know from the pope after which time period and under which conditions such an objectively sinful behavior becomes a conduct which is pleasing to God,” said Spaemann.
By turning “chaos into principle” with “one stroke of a pen,” Pope Francis is leading the Church “into the direction of schism,” Spaemann said—and he warned that such a schism would not be “at the periphery, but in the middle of the Church.”
Spaemann also warned that Amoris Laetitia may be used to bully faithful priests. He wrote:
Each individual cardinal, as well as each bishop and each priest is now called to preserve in his field of authority the Catholic Sacramental Order and to confess it publicly. If the pope is not willing to make a correction, it is up to another pontificate to officially put things back into order.
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Federally funded community health center may have illegally performed abortions: Report
WASHINGTON, D.C., April 28, 2016 (LifeSiteNews) – A federally qualified health center (FQHC) apparently performed abortions, although nearly all federal funds are forbidden from being used for that purpose, sources tell LifeSiteNews. Now, pro-life congressmen are demanding further investigations into the use of U.S. taxpayer funds to promote abortion-on-demand.
The issue came to light when a federal inspector general's report found that six Americorps volunteers had been acting as "abortion doulas," giving emotional support to women who chose to have abortions.
The National Association of Community Health Centers (NACHC) allowed the volunteers – who received tens of thousands of taxpayer dollars – to support abortions that took place inside a New York abortion facility run by the Institute for Family Health (IFH).
Americorps “volunteers” illegally supporting abortion at taxpayer expense is an ongoing problem. But there's more to the story.
The IFH proudly advertises itself as a federally qualified health center (FQHC). Federal dollars are restricted from underwriting most abortion at FQHCs, in line with the Hyde Amendment. This does not hold true for the Affordable Care Act, conventionally known as ObamaCare.
To ease qualms raised by pro-life Democrat Bart Stupak and others, on March 24, 2010, Barack Obama signed Executive Order 13535. It states that “the Hyde [Amendment] language shall apply to the authorization and appropriations of funds for Community Health Centers...I hereby direct the Secretary of HHS to ensure that program administrators and recipients of federal funds are aware of and comply with the limitations on abortion services imposed on CHCs by existing law.”
Pro-life groups warned at the time that an executive order was insufficient to prevent taxpayer funding of abortion, and the law itself had to be amended – or defeated.
Pro-life experts today say Congress must investigate whether the law is being violated and, if so, if the offense is isolated to IFH.
"For years the Obama administration has claimed that the Affordable Care Act and federally-funded health centers do not subsidize abortion, and the president finally signed additional provisions, passed last year by Congress, to ensure that community health centers do not use federal funds to support abortion,” said Arina Grossu, the director of the Center for Human Dignity at the Family Research Council. “Now we learn that CNCS is violating the law by helping women obtain abortions.”
“This blatant violation of federal law by CNCS and AmeriCorps demands that Congress investigate government-funded community health centers,” Grossu said. “It's time for this administration to stop foisting its radical abortion agenda on the American people and using their tax dollars to do so.”
Pro-life advocates have long said that there is no need to fund Planned Parenthood, because federal women's health dollars could be reappropriated to FQHCs, which do not perform abortion.
There are 9,170 federally qualified health centers compared to about 700 Planned Parenthood facilities, according to the Charlotte Lozier Institute. FQHCs see 21.1 million patients a year, while Planned Parenthood saw 2.8 million people, the institute reported.
The latest example of federal dollars being channeled to support abortion, the law notwithstanding, has undermined some confidence in the FQHCs.
Rep. Diane Black, a pro-life Republican from Tennessee, said, “NACHC didn’t just break the rules; they broke trust with the American people. My constituents expect that federal funding given to our community health centers will be used to protect and enhance people’s lives, not to be a willing partner in their destruction.”
At least two Congressional leaders – the chairman of the House Energy and Commerce Committee and the chair of the House Health Subcommittee – have promised they will take action immediately.
“Federal law demands that taxpayer dollars are never to be spent on abortion activities. Not one penny. Period. But a disturbing report from an independent watchdog reveals that was not the case with brazen pursuits by the National Association of Community Health Centers,” said Congressmen Fred Upton and Joseph Pitts of Pennsylvania, both Republicans. “The law was violated and this shameful failure of trust will not be tolerated.”
Abortion lobbyists demand Ted Cruz renounce pro-life leader Troy Newman
WICHITA, Kansas, April 28, 2016 (LifeSiteNews) – The nation's largest abortion providers, an abortion lobbying group, and an ultra-liberal political organization are demanding that Senator Ted Cruz cut ties with Operation Rescue President Troy Newman – something that only proves how effective he has been, Newman's organization says.
Planned Parenthood, NARAL Pro-Choice America, and People for the American Way are asking Cruz to fire Newman as national co-chair of the “Pro-Lifers for Cruz” coalition, claiming that Newman supports violence.
“Troy Newman’s history of violent rhetoric and harassment toward women’s health providers is truly beyond the pale,” the three say in a letter to Sen. Cruz, linking to quotations from his 2000 book, Their Blood Cries Out.
“What Planned Parenthood and their cohorts call 'violent rhetoric' is really a discussion of Old Testament Bible verses taken out of context,” said Cheryl Sullenger of Operation Rescue and co-author of the book Their Blood Cries Out. The work establishes the sinful guilt of abortion before highlighting the mercy available in the New Testament for those who accept Jesus Christ, Sullenger said.
The letter also cites a report from the National Abortion Federation stating that abortionists have experienced an increase in “hate speech and internet harassment” since the release of CMP's undercover videos of Planned Parenthood, “which Newman was a driving force behind.”
“What they call 'harassment' is peaceful activism that is completely protected by the First Amendment,” Sullenger responded.
Newman has consistently denounced criminal action and violence of any kind during his decades in the pro-life movement, Operation Rescue said of the allegations – many of which were circulated to prevent Newman from entering Australia last year.
“Newman’s position on abortion-related violence is clear. He denounces violence against abortion providers as well as the violence perpetrated by the abortion cartel against innocent babies in the womb and their mothers,” Sullenger said.
“Attacking the messenger is the only way they have to try to discredit the hefty volume of evidence against them. This most recent attack is all about manipulating the public’s perception against those who exposed Planned Parenthood in order to deflect attention from their own crimes.”
But the three groups poured vitriolic scorn on Newman. Michael Keegan, president of People for the American Way, called Newman's role “completely unacceptable...No politician should be allowed to pander to violent anti-choice extremists without being called out.”
NARAL Pro-Choice America President Ilyse Hogue said, "Troy Newman is an anti-choice extremist and misogynist ideologue.”
A Planned Parenthood executive said the choice proved Sen. Cruz and his vice presidential choice, Carly Fiorina, are unfit for office.
“It is not surprising to see Ted Cruz embrace this type of violent extremism -- after all this is the same man who has told malicious lies about Planned Parenthood, would criminalize abortion, and tried to shut down the government” to defund Planned Parenthood, said Dawn Laguens, executive vice president of the Planned Parenthood Action Fund. “This is what the Cruz-Fiorina ticket stands for."
Sullenger dismissed their rhetoric as “a feeble attempt to hurt the presidential candidacy of Sen. Ted Cruz, who they know will seek to enforce the laws against them.”
Cruz has repeatedly stated that, if he is elected president, he will defund Planned Parenthood – before prosecuting them.
Their letter has led to a number of articles in the mainstream media, including Politico, the Huffington Post, and Glamour. The last publication, a feminist magazine aimed at young women, slammed Ted Cruz's choice of Carly Fiorina for vice president, telling its readers to “hold on to your uterus.”
“Not one of these publications bothered to reach out to Newman or Operation Rescue’s staff for their response,” Sullenger said.
This morning and afternoon, both sides of the abortion debate have used the Twitter hashtag #FireTroy to get their message across.
Sen. Cruz has not responded to the call, but the letter implies that purging Newman from the campaign would not satisfy the pro-abortion coalition. “There are a number of coalition members whose records raise serious concerns,” they say.