Defense: Philly abortion doc's case 'a lynching'

Published on NewsOK Modified: March 18, 2013 at 10:08 pm •  Published: March 18, 2013
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PHILADELPHIA (AP) — A lawyer defending a Philadelphia abortion provider on murder charges accused officials of "an elitist, racist prosecution," as the death-penalty trial opened Monday.

Lawyer Jack McMahon also accused city officials of "a prosecutorial lynching" of his client, Dr. Kermit Gosnell, who is black.

Gosnell, 72, is accused of running a rogue clinic that ignored the state ban on third-term abortions and 24-hour waiting periods. Prosecutors say he also maimed desperate, often poor women and teens by letting his untrained staff perform abortions and give anesthesia. And they say he got rich doing it, by performing a high volume of substandard abortions.

Police found $250,000 in cash during a 2010 search of his home, Assistant District Attorney Joanne Pescatore said. Gosnell used outmoded drugs and unorthodox methods, forcing women to endure labor and then deliver live babies that were then killed by staff with scissors, she said. Normally, the fetus is killed in utero.

"The standard practice here was to slay babies. That's what they did," said Pescatore, who echoed a 2011 grand jury report in calling the clinic "a house of horrors."

Staff went along with the routine because they were nearly as desperate as the patients, she said. The two other "doctors" on staff were allegedly medical school graduates without licenses. The employee giving anesthesia was a sixth-grade dropout, while a 15-year-old high school student helped in the surgical and recovery rooms, she said.

McMahon countered that prosecutors are applying "Mayo Clinic" standards to Gosnell's inner-city office in West Philadelphia. Gosnell, he said, performed as many as 1,000 abortions a year, and at least 16,000 over his long career — with a lower-than-average complication rate, he said.

"This is a targeted, elitist and racist prosecution of a doctor who's done nothing but give (back) to the poor and the people of West Philadelphia," the fiery McMahon insisted to the predominantly black jury, as Gosnell sat serenely taking notes. "It's a prosecutorial lynching of Dr. Kermit Gosnell."

Gosnell is charged with killing seven babies born alive, along with Karnamaya Mongar a newly-arrived, 41-year-old refugee from Bhutan. Prosecutors say Gosnell's staff gave the 90-pound woman a lethal dose of anesthesia and painkillers during a 2009 abortion.