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3 murder charges against Pa. abortion doc tossed(Dr. Kermit Gosnell).... Why?

#1zerooo0Posted 4/23/2013 2:02:39 PM
http://news.yahoo.com/3-murder-charges-against-pa-abortion-doc-tossed-163859856.html

If these babies wasn't in the womb shouldn't it still count as murder?

I read his reason, but the babies wasn't in the womb. Shouldn't that still count? Apparently if a baby doesn't move it's not a live child? I don't understand their logic.
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#2DionysusPosted 4/23/2013 2:10:21 PM
If they weren't alive, then they weren't killed. It makes this clear in the article.

"Judge Jeffrey Minehart did not explain why he dismissed the three murder counts, but apparently felt he had not heard sufficient evidence from prosecutors that those three babies were viable, born alive and then killed."
#3zerooo0(Topic Creator)Posted 4/23/2013 2:18:47 PM
My question comes from this exert of the article.

The defense questioned testimony from staffers who said they had seen babies move, cry or breathe. McMahon argued that each testified to seeing only a single movement or breath.

"These are not the movements of a live child," McMahon said. "There is not one piece not one of objective, scientific evidence that anyone was born alive."
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I mean if those aren't enough for a baby to be considered a live then what is? If a baby moves or breaths shouldn't that mean that the baby was a live?
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#4CountPopeulaPosted 4/23/2013 3:34:44 PM
Alive is one word.
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#5TheshamenPosted 4/23/2013 3:44:51 PM
zerooo0 posted...
My question comes from this exert of the article.

The defense questioned testimony from staffers who said they had seen babies move, cry or breathe. McMahon argued that each testified to seeing only a single movement or breath.

"These are not the movements of a live child," McMahon said. "There is not one piece not one of objective, scientific evidence that anyone was born alive."
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I mean if those aren't enough for a baby to be considered a live then what is? If a baby moves or breaths shouldn't that mean that the baby was a live?


What the defense was saying is that these people were errant in their assumption that the baby was alive based on seeing a single "breath" or "movement"
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#6RufusNKenRSTierPosted 4/23/2013 3:48:59 PM
http://www.youtube.com/watch?v=xos2MnVxe-c
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#7RRtexasranger13Posted 4/23/2013 3:51:59 PM(edited)
Uhh, is it even legal to declare something as dead just by looking at it? Shouldn't you...you know, check for a pulse or something?
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#8StarksPosted 4/23/2013 4:19:57 PM(edited)
I heard there were "aborted" or born-alive babies swimming around in toilets until they died

How terrible
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#9themastahPosted 4/23/2013 4:41:52 PM
He still is in line for four life sentences, so what does it matter?
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#10atmasabrPosted 4/23/2013 4:54:32 PM
PHILADELPHIA (AP) A Philadelphia judge tossed three of eight murder charges Tuesday in the high-profile trial of a Philadelphia abortion provider accused of killing babies allegedly born alive at his clinic, dubbed by prosecutors "a house of horrors."

On a legal distinction this fine, on a law so rarely prosecuted, the dismissal of some but not all of the charges does not bother me. The decision has to be made to prosecute, and the judge has upheld that decision based on a standard of looking at the prosecution's case in a light most favorable to the prosecution.
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