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-- had to give insight on the next phase of the cases trial attorney and litigator had a Hansen welcome you here I think it's okay senate in the trial of the testimonies -- it hasn't it it says the closing arguments were coming on Monday so what is the what is what what is the defense have to do it in order to sort of wrap this case -- You know it's interesting name calling witnesses they didn't present any any exhibits that they really didn't present any any evidence which is okay under the constitution the defense doesn't have to do so.
But this case is really good burden of proof is with the prosecutor that's exactly right about the case is really gonna -- great part on mr.
McMahon who represents doctor Garth snow is his closing.
He's gonna have to really wrap it up you know there is over 300 exhibits in this case there were thirty somewhat witnesses.
I think what it comes down to for the defense is that he's gonna argue that these babies were not born alive.
-- -- -- -- -- -- -- -- -- -- -- -- -- Expert witness is -- came and said you know you sort of talents you know.
And voluntary emotions and that's exactly right line and you know it's beyond a reasonable doubt that the burden is on the prosecution so what he's going to say it's you know it's the difference between actually be able to say for sure a 100% these babies were born alive more than circumstantial evidence that you Bret mentioned where all of these witnesses -- testified.
-- -- -- Is there was action in his breath there was crying.
And that's for the jury to decide who would say in the big to London but what about the woman who actually died on the table that's a greater issue because it's would be easier to tell if she obviously -- well that's exactly right that's a third degree count it's not a first degree count as if he's found guilty that he won't get.
Possibly the death penalty -- That case the defense and that case was that perhaps the woman had taken some other medications that may have contributed to her -- -- perhaps also she was suffering from TV that she had not told the doctor about -- again that the defense has used its prosecution cross examination process.
In order to try and make it's still early on your defense attorney I try to paint this as as a racially motivated -- calling it a wincing and yet because I'm an African American I can kind of focus on -- because that's.
Unit you play the race card you know if you want to -- the race card you gotta make sure that there is a race card being played.
And that's exactly right I think that it was I think a lot of people were outrage especially in Philadelphia because we have a big African American population the majority of the jury that he's dominant he's kind of way to the jury -- well I think -- -- he may have been about I think he underestimates our philadelphians know their reality of it is if you -- -- play that -- the majority of the babies that were killed in this case were also African -- so it really shouldn't be an issue with the issue is is the evidence of what the evidence -- I don't I would be surprised if that's where his closing focuses I would be.
I'd expect his closing to focus more on the actual evidence in the case and whether or not the prosecution met their burden of proof I think that that that focus was.
Perhaps -- what the prosecution what does it have to do in order to.
Put up put a button on his case what they really have to have the jury depend on the circumstantial evidence you know they called a the medical examiner.
And that was the testimony that may have helped the defense because he was unable to say with reasonable medical certainty that these babies were born alive.
And so rather than focusing on that he's got to bring it around all of these witnesses that you know that there -- -- some -- -- -- -- About whether or not there was movement whether or not there was left.
That's going to be the key issue with regard to the baby -- regardless.
Of how this turns out it is really the details of this case -- really.
-- to the surface the ugly details about abortion I mean some of the things that I saw -- but that was very interesting about sort of you know.
You know my caddie and you know it if you kill a baby in the -- it's abortion and you get and if you get what you mean you get well paid you kill a baby outside the -- it's murder and you could face the death penalty.
All of these sort -- Conflict -- in other issues about abortion.
Came to -- In this trial -- -- -- and it's and it's interesting you know they asked that question whether it's wet weather that's why the media hasn't covered it I think that it's more because of the gruesome nature of the allegations.
But there's there's arguments for both side even -- an -- inclusiveness you know people would show outrage.
If it were.
Some dissecting dogs like or someone I mean there is an outrage level that people you know our -- you should assume.
When something is really -- -- on humanity and yet that was not there.
Yes it and it's what it's come out you know it.
The way that he treated it fetuses babies after they report I mean all of that has definitely engendered outrage not just in Philadelphia but not the country and we clearly you know it is now being covered in being followed.
I think it's a conversation that is going to continue.
There was an expert on behalf of the prosecution in this case the talked about the right way that these things are supposed to be done under the law on the way that he does them.
To contrast it with the with the doctor -- -- did it because he certainly wasn't doing.
Things particularly affect clinic and I -- yeah yeah scary movie that was and he legal things finally regardless -- -- -- facing.
Drug trafficking charges in September he's facing civil -- I'm sure in the future so you know there's a lot of the trial in doctor -- -- you know there -- Time -- seen the pictures of him and video.
In the trial he looks very confident.
He looks -- like he's not facing the death penalty or a variant of areas to me actually seems like he's enjoying the activity.
He is you know.
I defend medical malpractice cases so I have not defended him but I have seen him in other cases -- -- is very confident he's he's very well.
Was very well liked in the community -- very NGL.
He's very intelligent.
You know he he has stated that -- -- medical missionary and that he came to Philadelphia to help the underprivileged.
And perhaps that's how he started but that it's certainly not not his career is ended and that that obviously Katrina.
And very quickly about Philadelphia or Pennsylvania's abortion laws exactly when it is abortion legal and at what point is it not only don't 24 weeks is where the -- office and that's that's -- six months after actually.
Bible almost anyway -- yet it was an interesting part of the trial because one of the witnesses for his co defendant was pregnant when she testified.
And the prosecutor did a very good job and saying how far along -- you.
And she -- she's visibly pregnant and she was I I don't rebuild what we have is considering everything should -- 22 weeks or less ban while -- -- -- and that's if everything is an attorney that your school there's a moment.
You know has to be able to see a woman who's visibly pregnant having trouble getting into the box.
And then -- realizing making that connection in the jurors' minds that this babies that were talking about.
For further along and that's.
While this is going to be very interesting and I suppose but it'll be media circus when you closing arguments -- -- without a doubt Monday's going to be crazy and the rest that we can -- the jury comes back.
Well all right well thank you very much -- -- Hansen thank you for us and a litigator and just proud Ernie thank you very much in my talking about this is wonderful.
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