PHILADELPHIA — “Every one of those babies died in utero.”
That is the pillar on which abortionist Kermit Gosnell’s defense rests. Defense attorney John J. McMahon’s closing argument Monday boiled down to this: Gosnell’s supposed crimes were really just late-term abortions.
The question in Gosnell’s case, McMahon said, is not “whether he was an abortion doctor,” or “is abortion bloody and ugly?” The question is whether Gosnell killed babies after they were born or while they were still in utero.
One of Gosnell’s alleged victims was named Baby Boy A by the grand jury. He was so big that Gosnell allegedly joked “he could have walked me to the bus station.”
“They have no case” regarding “Baby A because it was killed in utero,” McMahon said Monday. Gosnell, through the abdomen, injected a chemical called digoxin into the baby “to prevent a live birth. The was the goal of Dr. Gosnell with [the mother’s] consent: to kill the baby in utero.”
One baby was delivered into a toilet at Gosnell’s clinic. A clinic worker testified “I took the fetus out of the toilet. I snapped the neck. …” McMahon argued Monday that “not one line” of testimony in that case “indicates the baby was alive at any time.”
Yes, Gosnell snipped many baby’s necks after delivery — but he had killed the baby in utero hours before with a shot of digoxin, the defense argued.
“The purpose of the shot,” McMahon said of digoxin, “is to kill the baby so that it will not be a live birth.” It’s quite a case when that’s the defense.
Prosecutors will make closing arguments Monday afternoon and maybe into Tuesday.