I’m hoping the 2 counts they’re hung on are like maybe
“Jay walking” 
Guilty on the other 248 charges
After 10 days deliberating the case, jurors say they can’t reach a consensus on two
By Vince Lattanzio
| Monday, May 13, 2013 | Updated 11:40 AM EDT
Defense attorney Jack McMahon delivers his closing argument in the capital murder trial of former abortion doctor Jack McMahon.
The jury deliberating in the capital murder trial against former Philadelphia abortion doctor Kermit Gosnell says they’re hung on two counts.
The jury of seven women and five men are weighing more than 250 charges against the Gosnell with the most serious being four counts of first-degree murder.
It is currently unclear on which charges the jury is deadlocked, but the group told the court it has reached unanimous decisions on all other counts.
Around 10:00 a.m. Monday, the jury passed a note to Common Pleas Judge Jeffrey P. Minehart explaining their situation. The admission came on the 10th day of deliberations.
By law, according to attorneys for both sides, Judge Minehart is required to re-instruct the jury to deliberate on the two charges a second time and attempt to reach a verdict.
Around 10:00 a.m. Monday, the jury passed a note to Common Pleas Judge Jeffrey P. Minehart explaining their situation. The admission came on the 10th day of deliberations.
By law, according to attorneys for both sides, Judge Minehart is required to re-instruct the jury to deliberate on the two charges a second time and attempt to reach a verdict.
udge Minehart brought the jury into the courtroom on the third-floor of the Philadelphia Criminal Justice Center around 11:15 a.m.
Over a five minute meeting, he reminded the jury they must be unanimous on all counts and asked the group to return to the jury room and discuss the charges further. The group was grim-faced as they were led from the court.
Judge Minehart called the jury sincere, considerate and serious. The judge also said he wanted to make sure the group was not confused over the charges.
The jury now has three options: return to court with a question, request to re-examine evidence to try and break the deadlock or re-iterate they’ll be unable to reach a consensus on the charges.
Gosnell faces four counts of first-degree murder for his alleged role in the deaths of four babies. Prosecutors allege Gosnell delivered the babies alive during abortion procedures and then snipped their spinal cords with scissors to end their life.
The 72-year-old is also charged with third-degree murder in the of former patient Karnamaya Mongar.
Mongar, 41, died after she was given a lethal dose of pain killers and anesthesia during a 2009 abortion procedure at Gosnell’s West Philadelphia clinic, the Women’s Medical Society.
The former doctor’s defense attorney has argued Gosnell would inject a drug into his patients’ uterus to stop the fetuses’ hearts before they were delivered.
The majority of the 268 charges levied against Gosnell are related to alleged Pennsylvania abortion-law violations. Prosecutors say Gosnell regularly performed late-term abortions on babies older than 24 weeks — the cutoff age in Pennsylvania.
Jurors are also deliberating a handful of crimes against Gosnell’s co-defendant Eileen O’Neill. Prosecutors say O’Neill deceived patients and insurance companies by pretending to be a licensed physician and billing for those services.
Her defense has said while O’Neill was not licensed, she did have a medical degree and would always have Gosnell sign off on her recommendations and prescriptions. O’Neill’s attorney also said there is no evidence of the 56-year-old charging for her services.
The trial, which began on March 18, stretched on for nearly two months before being handed off to the jury.
The alleged crimes came to light on February 10, 2010 after investigators from the Federal Bureau of Investigation and Drug Enforcement Agency raided the inner-city clinic at 3801 Lancaster Avenue following a tip that a prescription pill mill was operating inside.
Agents were met, not with an illegal narcotics drug operation, but rather, unsanitary conditions. Investigators testified they found blood-stained rooms, filthy and old equipment and untrained staff. Aborted fetuses were stored in a basement freezer in plastic food containers and bags next to employee lunches. Severed feet from aborted babies were found preserved in jars around the clinic.
The conditions found inside the clinic led Philadelphia District Attorney Seth Williams to call the clinic a “house of horrors” in a 2011 grand jury report.
If convicted of first-degree murder, Gosnell faces the death penalty.
~Steve~
