Gosnell attorney: Fox tried to influence the jury

posted at 12:41 pm on May 6, 2013 by Ed Morrissey

This weekend, Bret Baier and Fox News ran an hour-long intensive look at the trial of Kermit Gosnell and the issues it raises about the abortion industry and the regulators who routinely ignored complaints about Gosnell’s clinics and others like it.  Fox heavily promoted the show, easily grabbing attention in the media vacuum about the details of the case.  Baier’s report delves deep into Gosnell’s history, including human experimentation that went wrong in 1973, as well as into the current case itself.

No one knows what ratings Fox got for its exposé, but Gosnell’s attorney angrily accused Fox of attempting to tamper with the jury during proceedings this morning. JD Mullane reports that the judge will ask the jury — which has not been sequestered — whether any of them watched the show:

These aren’t the only questions being raised about Gosnell, nor are they limited to this particular courtroom.  Allyson Schwartz, the Democratic gubernatorial candidate in Pennsylvania, is being asked whether she referred any women to Gosnell’s clinic while she worked as executive director of a Planned Parenthood affiliate.  So far, Schwartz isn’t answering:

With the case getting national attention, and with the congresswoman’s political profile rapidly rising, some in Philadelphia’s pro-life community have begun to wonder about Schwartz’s own relationship with Gosnell’s longtime Philly practice. Did the Blackwell Center refer late-term patients to Gosnell while Schwartz was its director? Both Schwartz’s congressional office and her gubernatorial campaign have so far failed to answer requests for on-the-record answers to these questions.

At Blackwell, the answers aren’t clear, either. The doctors there don’t perform abortions on site, but they do refer patients to abortion clinics in the area. These days, Blackwell’s policy is to provide no referrals for any patient seeking an abortion past 21 weeks of gestation. The law in Pennsylvania allows for abortions up until 24 weeks, but a Blackwell employee who answered the phone says a woman after 21 weeks would have to travel to New Jersey or Delaware to get an abortion that late. Why?

“No clinics in Pennsylvania will take patients past 21 weeks,” the employee confirmed.

Not anymore, but there was a time when at least one clinic in the Philadelphia area was performing late-term abortions on women who were past 21 weeks of gestation: Gosnell’s. Late-term abortions were his specialty, particularly for poor minority women. If a woman at 23 weeks came to Blackwell looking for an abortion, where would Blackwell refer her to if not Gosnell’s clinic?

Most juries carry out their duties with integrity and care, and I’d bet that the judge will find that none of them watched Fox News over the weekend and this special.  That’s not going to be true in the court of public opinion, though.  If you missed it when it aired, here’s the entire report on YouTube:

http://www.youtube.com/watch?v=T2ngslwnr8M


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Both Schwartz’s congressional office and her gubernatorial campaign have so far failed to answer requests for on-the-record answers to these questions

Which means the number of women she sent to Gosnell’s abattoir is quite a few.

Good luck, Schwartzy, you’re about to get Alpha Striked by your GOP competitor.

Bishop on May 6, 2013 at 12:44 PM

too bad bucko

cmsinaz on May 6, 2013 at 12:45 PM

Maybe that’s why no one else wanted to cover it, they didn’t want to sway the jury.

Snicker.

changer1701 on May 6, 2013 at 12:46 PM

I had a feeling this was going to be said.

Blaise on May 6, 2013 at 12:47 PM

Most juries carry out their duties with integrity and care, and I’d bet that the judge will find that none of them watched Fox News over the weekend and this special. That’s not going to be true in the court of public opinion, though.

And we all know which court really matters to the public – when they only hear what the media they patronize tell them – if that media bothers to tell them anything at all.

PS agree about responsible jurors; what camp does this panel fall in?

AesopFan on May 6, 2013 at 12:47 PM

Oh, please! This is America – not Europe. We do not gag the media. The jury was instructed not to watch TV, read papers, listen to radio, etc.

Most juries carry out their duties with integrity and care…

I wish that were true, Ed. But with these big cases and the judge/atty always telling the jurors how important they are, it really goes to their heads. I use to read every juror memoir that I could find. They’re pompous jerks who pretty much do what they want. And these are smart jurors that you would think would know better.

Blake on May 6, 2013 at 12:48 PM

So news aren’t supposed to report stories on the off chance that an unscrupulous juror watches TV… And apparently no one cared about this for people like George Zimmerman who has already been tried in public opinion..

melle1228 on May 6, 2013 at 12:49 PM

Because 1 report on events that already happened will cause a jury who has been read numerous articles of evidence to change their minds. /

Do these people really believe we are that stupid?!

nobar on May 6, 2013 at 12:50 PM

If you missed it when it aired, here’s the entire report on YouTube:

http://www.youtube.com/watch?v=T2ngslwnr8M

No longer available because of a copyright claim by FNC.

BuckeyeSam on May 6, 2013 at 12:54 PM

Do these people really believe we are that stupid?!

nobar on May 6, 2013 at 12:50 PM

Rhetorical question, right?

AZfederalist on May 6, 2013 at 12:56 PM

As did the other major news outlets for not reporting on the story.
 
Right?

rogerb on May 6, 2013 at 12:56 PM

This is just BS. The jury heard the testimony in person, so I doubt there are any waverers who could be influenced by a special report.

Besides, Fox is said to be a station that lies all the time. So if any jurors watched and influence was a concern, I’d be worried some might change their minds to ‘not guilty’. I’d even be more worried if MSNBC or CNN covered the trial.

I know Gosnell’s lawyer is doing his job, but you’d think he’d be better than to try a ploy like this.

Liam on May 6, 2013 at 12:57 PM

Oh, I see. That’s why the media has been ignoring this trial. They didn’t want to improperly influence the jury.

Well, that makes sense, and is entirely consistent behavior for them

Chris of Rights on May 6, 2013 at 12:58 PM

Both Schwartz’s congressional office and her gubernatorial campaign have so far failed to answer requests for on-the-record answers to these questions

Which means the number of women she sent to Gosnell’s abattoir is quite a few.

Good luck, Schwartzy, you’re about to get Alpha Striked by your GOP competitor.

Bishop on May 6, 2013 at 12:44 PM

This woman makes Bob Casey Jr. look like an Honorable man.

She’s as bad as they get….BUT, she has Kane (State Attorney
General) in her corner, slamming Corbett at every turn….

I’m still waiting for Corbett to (you know) grow a set…

ToddPA on May 6, 2013 at 12:58 PM

I’d also like to know if the Eric Holder family abortion operation in Atlanta has ever been inspected. Anyone know? His wife runs it.

slickwillie2001 on May 6, 2013 at 12:59 PM

I guess this is a better argument than the one he originally made which is that Gosnell couldn’t have killed the babies, because they were “legally” already dead..

melle1228 on May 6, 2013 at 1:00 PM

But, but, Fox News LIES!! And no one watches it except rabid right wingnuts!!/s

Or so they tell us…..so, by their own reasoning, the special had no credibility, right? Then, why are they so worried?

waterytart on May 6, 2013 at 1:00 PM

My opinion of Tom Ridge hit rock bottom after all this came out. It makes me wonder what other things our guys ignore in the name of political expediency.

Cindy Munford on May 6, 2013 at 1:02 PM

The Defense offered no defense…so this is their backup

workingclass artist on May 6, 2013 at 1:03 PM

I didn’t watch the Fox show, but was what was shown any different from what was said in court? The jury got most of the information by the attorney’s I would think? At least Fox had the guts to do the program other networks wouldn’t!

The defense attorney is pulling at straws me thinks?
L

letget on May 6, 2013 at 1:04 PM

My opinion of Tom Ridge hit rock bottom after all this came out. It makes me wonder what other things our guys ignore in the name of political expediency.

Cindy Munford on May 6, 2013 at 1:02 PM

http://www.breitbart.com/Big-Government/2013/05/05/Gosnell-Story-Not-New-Babies-Born-Alive-Left-To-Die-For-Years

workingclass artist on May 6, 2013 at 1:07 PM

It’s fair to ask if the jurors saw the report. But it is also incumbent on the jurors not to watch media reports like this.

Sekhmet on May 6, 2013 at 1:08 PM

letget on May 6, 2013 at 1:04 PM

Yeah, I don’t get that point either, a lot of Fox’s show was actual testimony (from where I don’t know since I don’t think trial has been broadcast) and I think the images of the babies were taken from the the proceedings. I doubt anything in that show has not already been seen and heard by the jurors. And in a normal world, wouldn’t other networks have run the same info?

Cindy Munford on May 6, 2013 at 1:09 PM

Last attempt at a failed case. If we’re luck the attorney will meet up with Gosnell in He%%.

DDay on May 6, 2013 at 1:10 PM

I didn’t watch the Fox show, but was what was shown any different from what was said in court? The jury got most of the information by the attorney’s I would think? At least Fox had the guts to do the program other networks wouldn’t!

The defense attorney is pulling at straws me thinks?
L

letget on May 6, 2013 at 1:04 PM

It brought up a lot of Gosnell’s history that I am not sure would have been admissible like the Mother’s Day Massacre or the fact that he gave woman STD’s by his instruments in the 1990′s. A lot of it was from court documents though, but some of it was old medical malpractice cases (Gosnell has had 5 over 1.5 million payouts.)

melle1228 on May 6, 2013 at 1:10 PM

Can’t really blame the defense attorney, it’s the only thing he can even try to hang his hat on.

But it will be futile.

ButterflyDragon on May 6, 2013 at 1:11 PM

Someone needs a WHHHHAAAAAAAAAAMBULANCE!

Resist We Much on May 6, 2013 at 1:12 PM

My opinion of Tom Ridge hit rock bottom after all this came out. It makes me wonder what other things our guys ignore in the name of political expediency.

Cindy Munford on May 6, 2013 at 1:02 PM

Yep, I completely agree. Just goes to show how complicit prochoicers are and it doesn’t matter what their political affiliation is. Ridge had a chance to inspect these clinics and made a conscious choice not to because he knew that he would have to shut a lot of them down. He could have stopped Gosnell along with a slew of other Pennsylvania officials.

melle1228 on May 6, 2013 at 1:13 PM

it’s so interesting because if fox had a special on that defended gosnell, this lawyer would say nothing.

Sachiko on May 6, 2013 at 1:15 PM

Can’t really blame the defense attorney, it’s the only thing he can even try to hang his hat on.

ButterflyDragon on May 6, 2013 at 1:11 PM

Sure I can, unless he was court appointed.

DDay on May 6, 2013 at 1:16 PM

workingclass artist on May 6, 2013 at 1:07 PM

Horrific!!! I do not understand a woman submitting to these conditions and why the state has a lesser standard for this medical facility than others. Also, were Republicans in charge and sweeping these things under the rug and if so, why?

Cindy Munford on May 6, 2013 at 1:16 PM

No one knows what ratings Fox got for its exposé, but Gosnell’s attorney angrily accused Fox of attempting to tamper with the jury during proceedings this morning.

All that righteous indignation for Fox, but none for the murder of innocents.

Not impressed.

tom on May 6, 2013 at 1:19 PM

Oh, I see. That’s why the media has been ignoring this trial. They didn’t want to improperly influence the jury.

Well, that makes sense, and is entirely consistent behavior for them…

Chris of Rights on May 6, 2013 at 12:58 PM

+1

Schadenfreude on May 6, 2013 at 1:19 PM

Given the time that CNN has spent on the Jodi Arias’ trial…aren’t they as “guilty” then? Or even more so, considering all the coverage?

Sheeesh….

ProfShadow on May 6, 2013 at 1:19 PM

Please remember that McMahon came out and basically said that this case was racist. Forget the fact that Seth Williams, the black District Attorney, coined the phrase “House of Horrors” when describing this.
McMahon is nothing but a shameless shyster who looks to get recognition from this trial. And he thinks (and knows) that the Philadelphia Inquirer will allow him a free venue to demonize everyone who thinks this is a crime.

djaymick on May 6, 2013 at 1:20 PM

Also, were Republicans in charge and sweeping these things under the rug and if so, why?

Cindy Munford on May 6, 2013 at 1:16 PM

The Fox special addressed this – and the attorney fails to mope about this influence – the governor and other high azzes didn’t want to attract attention to abortion in general.

Schadenfreude on May 6, 2013 at 1:20 PM

Were there any FNC viewers allowed on the jury? I don’t think so.

meci on May 6, 2013 at 1:23 PM

Schadenfreude on May 6, 2013 at 1:20 PM

Yeah, I’m not sure how ignoring filth and improper medical practices (sterilizing instruments)is highlighting abortion. Huge disconnect for me.

Cindy Munford on May 6, 2013 at 1:23 PM

Given the time that CNN has spent on the Jodi Arias’ trial…aren’t they as “guilty” then? Or even more so, considering all the coverage?

Sheeesh….

ProfShadow on May 6, 2013 at 1:19 PM

Leftists are alaways more special than others. Imagien if Richardson w/b a R and had said “Cruz shouldn’t claim to be Latino”, or the idiot in SC “Gov. Haley should go back to where she came from”, and etc. etc. etc. etc. etc.

The leftists are tyrannical thugs and should NEVER be called liberal or progressive, because they are NOT.

Schadenfreude on May 6, 2013 at 1:23 PM

Allyson Schwartz, the Democratic gubernatorial candidate in Pennsylvania, is being asked whether she referred any women to Gosnell’s clinic while she worked as executive director of a Planned Parenthood affiliate. So far, Schwartz isn’t answering

If the answer was “No”, we’d have already heard it by now…

JohnGalt23 on May 6, 2013 at 1:25 PM

Allyson Schwartz, the Democratic gubernatorial candidate in Pennsylvania, is being asked whether she referred any women to Gosnell’s clinic while she worked as executive director of a Planned Parenthood affiliate.

Ohhhhhhhhhhhh the Dems have trash in looooooooooooow places …

OhEssYouCowboys on May 6, 2013 at 1:28 PM

Sidebar:

The Jodi Arias case was submitted to the jury, on Friday.

OhEssYouCowboys on May 6, 2013 at 1:30 PM

I know Gosnell’s lawyer is doing his job, but you’d think he’d be better than to try a ploy like this.

Liam on May 6, 2013 at 12:57 PM

He may be setting up the appeal. Or trying to.

kim roy on May 6, 2013 at 1:35 PM

I’m not a big fan of Fox these days, but I have to wonder … if any of the jurors watched Fox in the first place, wouldn’t Gosnell’s attorney have stricken them?

toby11 on May 6, 2013 at 1:42 PM

I was on a jury recently for two weeks — complicated case involving a level 3 sex offender — and the judge was very explicit each day with us relative to viewing media relevant to the matter at hand… he’d then ask us every morning if we had seen anything the night previous, etc. Anyone with a brain would know not to watch something related to the trial; what’s more, as a juror, the last thing I wanted to research, watch or listen to was additional material about the subject matter of the case.

The defense attorney is just grandstanding, pure and simple, because he knows his guy is a butcher.

dpduq on May 6, 2013 at 2:05 PM

but you’d think he’d be better than to try a ploy like this.

Liam on May 6, 2013 at 12:57 PM

I don’t think he has a lot to work with.

GWB on May 6, 2013 at 2:15 PM

Also, were Republicans in charge and sweeping these things under the rug and if so, why?

Cindy Munford on May 6, 2013 at 1:16 PM

A: Yes.

The halt in clinic inspections occurred when a pro-abort Republican took office as Governor. The previous Governor had been a pro-life Democrat.

Talk about broken molds…

unclesmrgol on May 6, 2013 at 2:17 PM

No way! A news station tried to sway people? Say it ain’t so!

John the Libertarian on May 6, 2013 at 2:27 PM

unclesmrgol on May 6, 2013 at 2:17 PM

I know that this is the case in PA, I am wondering if it was the case in Georgia and the latest one in the news. Delaware?

Cindy Munford on May 6, 2013 at 2:28 PM

kim roy on May 6, 2013 at 1:35 PM

That’s my guess also. They will probably drag this on for years hoping to dull the public to the horrors through repetition.

Cindy Munford on May 6, 2013 at 2:30 PM

I shamed a mommy blogger site (and I guess one particular mommy blogger — I meant to target the whole site) into covering Goshnell. They cover Planned Parenthood, stupid stuff republicans say, birth control updates and Obamacare, so it seemed like they should cover this.

Now today I get a post on it, and I feel like a jerk for having shamed them into it. This isn’t for the faint of heart.

earlgrey133 on May 6, 2013 at 2:41 PM

Now today I get a post on it, and I feel like a jerk for having shamed them into it. This isn’t for the faint of heart.

earlgrey133 on May 6, 2013 at 2:41 PM

Why? People who are pro-choice need to see what their choice really means.

cptacek on May 6, 2013 at 3:02 PM

Gosnell attorney: Fox tried to influence the jury

Prove it.

The “press” routinely reports on crime and on ongoing trials. The “press” is not Constitutionally constrained to self-censor what it chooses to report just because there is an ongoing trial and someone in the jury might see it when they are not supposed to.

farsighted on May 6, 2013 at 3:04 PM

Cptkcek : don’t know. I am just not used to being pushy and actually getting my way. I don’t regret it. This just takes practice I guess. It shows (to me) the power of following societal norms no matter how awful they might be.

earlgrey133 on May 6, 2013 at 3:09 PM

Jack McMahon is grasping at straws.

GarandFan on May 6, 2013 at 3:26 PM

Trolls are quiet today. Is it a federal holiday?

CurtZHP on May 6, 2013 at 3:37 PM

Even if a member of the jury did see the Fox special, I don’t see what difference it makes – I’m pretty sure what they would see in the special pales in comparison to what they heard and saw in the courtroom.

Besides, isn’t McMahon claiming it’s all about race?

Turn MD Red on May 6, 2013 at 3:52 PM