Still no Gosnell verdict as jury ends second day of deliberations

posted at 7:21 pm on May 1, 2013 by Allahpundit

On the one hand, he’s facing 258 counts ranging from murder to racketeering. Patience. It’s going to take time.

On the other hand, per Life News, 227 of those counts are for failing to allow 24 hours before an abortion for the patient to reconsider. The jury will probably dispose of those as a group, which means the longer this goes on, the likelier it is that they’re hung up on the big charges.

It’s unfathomable to think they won’t get him for at least one murder. How many days of deliberations will it take, though, before panicky trial-watchers gulp and start trying to fathom it?

As local reporter J.D. Mullane reported this morning, the Gosnell jury asked for patient information related to one patient who testified that Gosnell broke that law.

Mullane indicated the jury had the judge review RICO, theft by deception, conspiracy and testimony from an FBI agent. He indicated the judge could have them work on Friday if necessary.

During the jury’s deliberations on Tuesday, the jury asked Judge Jeffrey Minehart for the definition of infanticide, making it appear it was taking it’s role serious in determining if the babies Gosnell killed were alive at the time of their deaths. The jury also sent Judge Minehart a question to “define theft by deception” in what appears to be its consideration of charges against Eileen O’Neill, one of Gosnell’s staffers who pretended to be a doctor who has asked the judge to be acquitted…

Testimony from the medical examiner and toxicologist indicated that there was no evidence the babies were injected with Digoxin to ensure the babies were dead prior to the abortion, as the defense has claimed. The medical examiner testified that tests were inconclusive as proof that the babies were born alive. However, the tests also did not prove the babies were dead prior to birth. Those inconclusive test results were overshadowed by the weight of testimony from witness after witness, who detailed how the babies were in fact living prior to being murdered through what one witness described as a “virtual beheading.”

Life News seems to be treating the jury’s request for a definition of “infanticide” as good news. I don’t know. Here’s the statute; note that “infanticide” is a separate charge from murder, providing only that the doctor’s guilty of a third-degree felony if he fails to give an infant who’s been born alive the sort of care he’d give an adult in a similar condition. If you kill the baby yourself, that’s murder; if you refuse to try to save it but don’t do anything actively to kill it, that’s presumably “infanticide.” What does it mean that the jury’s focused on a close reading of the latter? Could be that they’ve already agreed that he’s guilty of murder and are simply being diligent in considering the infanticide charges closely. But it could also mean that they’ve decided there’s not enough evidence to prove beyond a reasonable doubt that he killed the babies after they left the womb. So now they’re trying to get him on a lesser included offense of homicidal neglect, i.e. infanticide, rather than murder. Gulp.

Here’s a hard question pro-lifers will end up wrestling with in the unlikely event that he walks on all murder charges. If the ultimate goal is to reduce abortion by convincing Americans that the practice is unconscionable, does Gosnell’s conviction or acquittal do more to serve that end? Obviously you want him convicted, purely as a matter of justice. If the witnesses against him are telling the truth, he’s one of the worst serial killers the country’s ever produced. But if he’s convicted, abortionists will shrug this off as proof that “the system worked” even though the system most assuredly does not work. Gosnell took referrals from “respectable” clinics; at least one abortion group knew what he was up to and said nothing, per the grand jury report; even now, it’s an article of faith among pro-choicers that regulations and government oversight of clinics should be fought tooth and nail. Planned Parenthood couldn’t bring itself to condemn a Gosnell-like infanticide scenario when one was presented to them at a legislative hearing in Florida a few weeks ago. When push comes to shove, the key difference between Gosnell and other late-term abortionists is that he was a bit worse at his job, allegedly failing to kill a viable infant in the womb such that he had to kill it by slicing its spine after it had moved 12 inches or so outside of its mother’s body. The system doesn’t work — he’s no aberration — but that’s how it’ll be spun if he’s convicted. If he’s acquitted, meanwhile, it’ll mean that we’ve reached the point where a guy whose entire business practice is devoted to killing babies, to the point where he kept infants’ severed feet in jars apparently as trophies, can’t be convicted of murder because we can’t quite tell if he killed it with a knife after it had left the womb or five minutes before with a needle when it was still inside. Tough to spin that one but they’ll try, rest assured. Hopefully we won’t have to find out.

By the way, in case you were wondering, more LiveAction videos are coming from Lila Rose. Patience on that too.


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Comment pages: 1 2

annoyinglittletwerp on May 1, 2013 at 10:44 PM

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

Flame out getalife g0tmylifeback

cmon, take teh mask off!

tom daschle concerned on May 1, 2013 at 10:47 PM

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

Poke it a little bit and the bigotry starts spraying all over the place.

NotCoach on May 1, 2013 at 10:49 PM

Not all black people are African.

True or false?

SparkPlug on May 1, 2013 at 10:50 PM

I’m not ‘Caucasian’, you racist trash…I’m AMERICAN!

annoyinglittletwerp on May 1, 2013 at 10:41 PM

A white person getting mad for being white. Very interesting.

HotAirLib on May 1, 2013 at 10:50 PM

There’s going to be a mistrial due to a hung jury. One rabidly pro-abortion holdout.

merlich on May 1, 2013 at 7:31 PM

Yep, this is what I think. He might get murder for the woman.

cptacek on May 1, 2013 at 10:52 PM

A white person getting mad for being white. Very interesting.

HotAirLib on May 1, 2013 at 10:50 PM

So you hate white people. Does this make you a racist bigot?

We say “yes”

tom daschle concerned on May 1, 2013 at 10:52 PM

Some non blacks are non African.

SparkPlug on May 1, 2013 at 10:52 PM

A white person getting mad for being white. Very interesting.

HotAirLib on May 1, 2013 at 10:50 PM

Confirmed: Black racist liberals are in fact racists.

nobar on May 1, 2013 at 10:53 PM

A white person getting mad for being white. Very interesting.

HotAirLib on May 1, 2013 at 10:50 PM

A black bigot attacking a white Jew…I understand why you believe in conservative stereotypes now because apparently you yourself are a stereotype.

NotCoach on May 1, 2013 at 10:55 PM

Not all black people are African.

True or false?

SparkPlug on May 1, 2013 at 10:50 PM

If your ancestors are from Africa or you are born in Africa, then you have the right to call yourself an African American if you happen to be born in the US or you are naturalized. This has nothing to do with whether one is black or white.

What is so ironic is when european whites try to lecture blacks whose ancestors are from Africa that they aren’t truly African Americans. It’s like me lecturing some Italian American about how he truly isn’t Italian.

HotAirLib on May 1, 2013 at 10:56 PM

HAL has issues with whitey and Jews.

Al sharpton has similar issues.

SparkPlug on May 1, 2013 at 10:56 PM

Black bigots are black.

Not all black bigots are African. Some black bigots are non African.

SparkPlug on May 1, 2013 at 10:58 PM

A black bigot attacking a white Jew…I understand why you believe in conservative stereotypes now because apparently you yourself are a stereotype.

NotCoach on May 1, 2013 at 10:55 PM

lololol. I am bigot because i called a person who has claimed she is a white jewish American a white jew? Okkkkkkkk.

HotAirLib on May 1, 2013 at 10:58 PM

Some people in India are very black, in fact blacker than many American ‘blacks’ that take advantage of black privilege.

slickwillie2001 on May 1, 2013 at 11:00 PM

HotAirLib on May 1, 2013 at 10:56 PM

And my paternal grandfather-along w/ most of my family-came from the Pale. SO WHAT. My father wasn’t a ‘Jew-from-the-Pale’ American. He was just an American!

You put color before country. I do not!

annoyinglittletwerp on May 1, 2013 at 11:00 PM

SparkPlug on May 1, 2013 at 10:56 PM

Aw man! And to think i took the time to give you a respectable response to your question… No wonder people who aren’t rabid tea partiers don’t take you all seriously.

HotAirLib on May 1, 2013 at 11:01 PM

HAL has issues with whitey and Jews.

Al sharpton has similar issues.

SparkPlug on May 1, 2013 at 10:56 PM

HAL is just dumb

gophergirl on May 1, 2013 at 11:02 PM

lololol. I am bigot because i called a person who has claimed she is a white jewish American a white jew? Okkkkkkkk.

HotAirLib on May 1, 2013 at 10:58 PM

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

Again?

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

One more time?

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

Hello? Is this thing on?

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

And remember that question I asked you about one in two balck pregnancies ending in abortion? No comment on your side supporting an organization that specializes in killing black babies started by a white racist?

NotCoach on May 1, 2013 at 11:03 PM

The RNC Channel. They Distort, You Consume.

HotAirLib on May 1, 2013 at 8:25 PM

Do you want to compare the numbers of people who watch Fox (I assume that was your meaning) and the networks who have had almost zero coverage? Even after being shamed into some coverage it was minute. This Tea Party, that scares you to death, what have they ever done but meet peaceably to promote economic sanity? You know people shouldn’t get added to Hate Group lists because the don’t walk lock step with you. Why is it only the Right that thinks all Americans should be able to speak freely?

Cindy Munford on May 1, 2013 at 11:04 PM

Consume.

HotLips on May 1, 2013

…don’t forget to swallow!

KOOLAID2 on May 1, 2013 at 11:04 PM

All it take is one OJ Juror and the case is over.

Had we been able to see what the composition of the jury was we could have probably immediately guessed the outcome.

In OJ Simpson’s case (he’s still looking for Nicole’s killer right?) all he had to do was flex those muscles and paint the blonde as a vicious white whore that banged him for the money and fame and those ladies on the jury were butter in the defense’s hands.

OJ Redux.

And THEN the media might cover the story.

PappyD61 on May 1, 2013 at 11:04 PM

Libtard HAL never responded to any of my poignant questions.

I’ll take that as a confession. HAL is worthless.

tom daschle concerned on May 1, 2013 at 11:07 PM

Cindy Munford on May 1, 2013 at 11:04 PM

+1. He tries to use the tea party as a scapegoat. It’s the bigot strategy.

SparkPlug on May 1, 2013 at 11:07 PM

And you are just a pretend Jew.

HotAirLib on May 1, 2013 at 10:46 PM

Said the pretend (fill-in-the-blank) troll.

farsighted on May 1, 2013 at 11:07 PM

Okkkkkkkk.

HotLips on May 1, 2013

…you’re choking…I told you to swallow!

KOOLAID2 on May 1, 2013 at 11:07 PM

I think someone was arguing the opposite the other day…

Poll: Wealthy, not middle class, support Obama

Resist We Much on May 1, 2013 at 11:10 PM

NotCoach on May 1, 2013 at 11:03 PM

Teh Stupid is strong in this one.

farsighted on May 1, 2013 at 11:10 PM

…don’t forget to swallow!

KOOLAID2 on May 1, 2013 at 11:04 PM

The way your mother swallows? Tell us more.

HotAirLib on May 1, 2013 at 11:13 PM

I “learned” on History channel last night that all humans come from Africa when Africa and Eurasia were connected. When I fill out my race on all so-called non-racial government forms, I now write African-Eurasian or just check the box “two or more races”. Do races actually exist? We’re all from the same great grandmother according to our DNA.

HICON on May 1, 2013 at 11:15 PM

You put color before country. I do not!

annoyinglittletwerp on May 1, 2013 at 11:00 PM

And you like to lecture people who do not look like you or people you know nothing about on what to call themselves.

HotAirLib on May 1, 2013 at 11:15 PM

HotAirLib on May 1, 2013 at 11:15 PM

Irony alert!

Cindy Munford on May 1, 2013 at 11:18 PM

HotAirLib on May 1, 2013 at 11:15 PM

I grew up in a black neighborhood. You don’t know ‘what’ I know…and I couldn’t give a flying eff what you look like.

annoyinglittletwerp on May 1, 2013 at 11:19 PM

…if the babies Gosnell killed were alive at the time of their deaths.

Given all living things are alive at the time of their deaths, and abortion allows the living thing to be killed legally prior to birth, this should read: if the babies Gosnell killed were born alive at the time of their deaths.

…there was no evidence the babies were injected with Digoxin to ensure the babies were dead prior to the abortion, as the defense has claimed.

This is an odd claim by the defense.

Given the abortion itself ensures death, why would the babies need to be dead prior to the abortion?

Life News seems to be treating the jury’s request for a definition of “infanticide” as good news.

I’m not.

It seems like an ominous sign that the jury is struggling to unanimously agree upon guilt.

I’m praying I’m wrong.

rukiddingme on May 1, 2013 at 11:28 PM

I “learned” on History channel last night that all humans come from Africa when Africa and Eurasia were connected. When I fill out my race on all so-called non-racial government forms, I now write African-Eurasian or just check the box “two or more races”. Do races actually exist? We’re all from the same great grandmother according to our DNA.

HICON on May 1, 2013 at 11:15 PM

Go with Pangaean.

slickwillie2001 on May 1, 2013 at 11:31 PM

From the http://www.usatoday.com/story/opinion/2013/04/29/gosnells-abortion-atrocities-no-aberration-column/2122235/ link:

When she was 16, Hawkins sought an abortion at a National Abortion Federation-certified abortion clinic, Hagerstown (Md.) Reproductive Health Services. The clinic told her she was 19 weeks pregnant and referred her to Gosnell. When she recently retrieved her file in anticipation of testifying, she was shocked that her sonogram showed she had in fact been at 21 weeks, which meant she would have been 23 weeks pregnant by the time Gosnell performed the abortion. “I was so overwhelmed and hurt,” said Hawkins. “If I had known I was 23 weeks, I would have (chosen) adoption.”

WTH? What is the difference between 21 weeks and 23 weeks?

cptacek on May 2, 2013 at 12:06 AM

This POS is going to get off.

Hummer53 on May 2, 2013 at 12:42 AM

The jury was also asking for information about RICO, theft by deception, conspiracy, and the testimony of FBI Agent Huff. I think all of which had to do with the charges against co-defendant Eileen ONeil.

bertielou on May 2, 2013 at 3:27 AM

Had we been able to see what the composition of the jury was we could have probably immediately guessed the outcome.
PappyD61 on May 1, 2013 at 11:04 PM

Didn’t need to. This guy will walk and I’ll give you two reasons why.
1. Abortion is the absolute number 1 right of the left. Nothing and I mean nothing can be allowed to cast an ill light upon it.
2. Every one of the jurors are sitting there thinking that their lives are over and very possibly they and their families are at risk if they find this guy guilty.

Dr. Frank Enstine on May 2, 2013 at 8:37 AM

We sure don’t give a d@mn when its coming from a caucasian who has no clue what it is being black in America.

HotAirLib on May 1, 2013 at 10:19 PM

You’re right. I have no idea what it’s like to look up to Democrat White Trash, who tell me I’m too uncivilized and or stupid to be expected to know how to carry basic ID.

I feel for you, chump. I really do.

MNHawk on May 2, 2013 at 9:31 AM

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