Note: The following was sent to me by the president of the Bucks County Pro-Life Coalition via e-mail. It was sent to her by a pro-life person who was present in the courtroom at the trial last Tuesday.
This is the most accurate of what I witnessed today:
Re Commonwealth of PA v Kermit Gosnell
Tuesday, April 23, 2013
Court opened with a defense motion for acquittal on some charges against Kermit Gosnell.
Defense
of the RICO charges was made based on being ‘non-repetitive’ , and
rebutted by prosecution as repetition shown in the 3 counts of theft by
deception, in that Ms. O’Neill (who is being tried with Kermit Gosnell)
held herself out repetitively as a doctor, which she was not licensed.
Prosecution reminded the court that even the head nurse at Gosnell’s
“Women’s Health Center” was surprised that Ms. O’Neill was not a
licensed doctor. Prosecution alleged that Kermit Gosnell could not
continue his business in the volume he did, esp. on Wednesdays, without
having had another doctor. This shows a pattern of repetition,
racketeering and repetitive corruption at the Gosnell Women’s Health
Center.
In terms of
the Abuse of a Corpse charges, the Defense complained that a charge per
incidence, i.e. 5 baby feet in 5 jars equaling 5 charges of abuse of a
corpse is inappropriate somehow. Argued that there were only 3 feet in 3
jars, and the gestation period of the fetuses were 22 weeks, 19 weeks
and within the first trimester. Prosecution rebutted saying that there
is no definition of a corpse (as the Defense alleged), and is subject to
common sense surrounding movement of a voluntary muscle, while in the
abortion statute a “born alive” baby must be ‘completely expelled from
the mother’s body’, which these children were qualified.
Arguments
were heard with regard to the multiple Infanticide charges about
movement of the children showing as born alive prior to Gosnell having
cut their necks by ‘snipping’ them with scissors.
Adjudication
reduced the number of charges of Infanticide and acquitted the Abuse of
a Corpse charges. All other charges remain which includes Murder and
Infanticide, including Baby A, Baby E (“Crying Baby”) among others.
Defense
for Ms. O’Neill then began. Dr. Stuart – the precipitator for Eileen
O’Neill’s PA doctor’s license (seeming achieved in the 2010-2011
timeframe) vouching as to her competence, testified as to Ms. O’Neill’s
being a “peaceful, law-abiding and honest”, as well as “compassionate”
person.
David Huff,
FBI Special Agent, who worked in Healthcare Fraud Division, Drug
Diversion squad for 7 years, during the time of interfacing with the
defendant, Eileen O’Neill, testified as to the timing of her having been
initially approached for questioning, then later Mirandizing her at the
time she came to be in custody…..”if not in custody, no need to
Mirandize”. During the course of his testimony, reference was made to
an initial interview where she stated that “Doctor was always there”
while she was working, then after further discussion “came off some of
the lies” saying that “75% of the time while she was treating, Doctor
Gosnell was present.”
Frank
L. Patchiolli, FBI Special Agent, Philadelphia Div., then testified as
to the presence of Ms. O’Neill treating a patient at the time of his
having arrived at 3801 Lancaster Avenue, Philadelphia, PA in order to
execute a search warrant. Apparently Dr. Gosnell was not present, but
was in his car at that time.
Comment: My husband and I don’t understand how the two FBI agents were called as a defense witnesses.
Two
former Gosnell workers/patients then provided testimony as to Ms.
O’Neill’s competence and compassion, though no specifics could be
remembers as to the time and nature of conversations where Ms. O’Neill
was to have revealed her not being a licensed physician.
Finally,
Defense brought Ms. O’Neill’s brother and mother to the stand as
character witnesses. The effectiveness of these witnesses seemed to
Tony & me as somewhat light because of their being family members.
Court adjourned.
