Ed. note: This is the second installment of Righteous Indignation, our new column for conservative-minded lawyers.
In Pennsylvania earlier this week, the trial of Dr. Kermit Gosnell drew to a close. Gosnell, a West Philadelphia abortion doctor, is accused of murdering four children who were allegedly born alive after Gosnell’s efforts to abort them. The jury now considers four counts of first-degree murder for the deaths of the children, along with one count of third-degree murder for the death of Karnamaya Mongar, a Bhutanese refugee to whom Gosnell allegedly gave a lethal overdose of Demerol. He also faces twenty-three counts of performing illegal late-term abortions. If convicted of first-degree murder, Gosnell faces the death penalty.
Trial witnesses, including clinic workers, offered gruesome testimony. Some of the allegations: the lethal drug Gosnell injected into the babies in utero failed to stop their hearts, and they emerged from their mothers’ birth canals breathing, wriggling, even crying; Gosnell then “snipped” the backs of the babies’ necks with scissors, severing their spinal cords; and Gosnell joked about the size of the “fetuses” whose spinal cords he cut, including a baby who he said was big enough “to walk me home.”
A mother of another of Gosnell’s alleged victims reportedly delivered her baby into a toilet while waiting for Dr. Gosnell. A clinic worker testified that the child made swimming motions in the toilet bowl before another employee snipped the child’s neck. Prosecutors dubbed Gosnell’s Women’s Medical Society clinic a “House of Horrors”….
In response to our last story about Gerald Ung — the Temple Law student now on trial for attempted murder and aggravated assault (among other charges), after shooting Eddie DiDonato, a former Villanova lacrosse captain and the son of a prominent Fox Rothschildpartner — some commenters expressed the view that our coverage was too favorable to the prosecution.
Look — we have no dog in this fight. It seems that the part of the post readers found most objectionable was a blockquote from a source who attended the trial, which we reprinted simply because it was from someone actually present in the courtroom. Sadly, Above the Law doesn’t have a Philadelphia bureau. If you’ve been attending the trial and would like to share your thoughts with us, we’d love to hear from you.
Another reason why the earlier story might have seemed more pro-prosecution is that it was describing the prosecution’s side of the case and the early prosecution witnesses. Now that the trial has been going on for several days, a fuller version of events has emerged. This will culminate tomorrow, when defendant Gerald Ung is expected to take the stand. This is not typical — it happens more on TV and in the movies than in real life — but then again, this is not the typical case. Ung’s defense lawyer, Jack McMahon, may be betting on the ability of his client — a law student, presumably intelligent and articulate — to win over the jury.
Let’s learn more about what’s been going on at the trial over the past few days — and hear some juicy tidbits about defense counsel McMahon….
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