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-- the moment we know anything first let's bring in -- Fox News senior judicial analyst judge Andrew.
The polish Tonto a lot to consider here yet there is a lot to considered again -- Shannon said -- -- we don't know which of the two counts.
The jury was hung on or -- least was hung on as a few hours ago.
The there is really very little dispute that these abortions occurred after -- 24 week maximum period under Pennsylvania law.
And there's very little dispute that he did not counsel for recipients of these abortions -- state law requires those are the lesser charges.
The hotly contested ones of course -- the first degree murder and the third degree murder of the involuntary manslaughter.
And not operating a -- -- -- -- share.
Which is what he's also charged with which if he is found guilty on will bankrupt them because the government that is entitled to seek -- treble damages.
An act that would be three times the amount of money that he learned from these abortions he would Poland fine it's God's -- -- Lying to testify in his defense or even call witnesses that this capital murder trial.
Instead his attorney guy named Jack McMahon offered a passion that often angry defense of his client.
Blaming the intense media interest in the case and the prosecution.
For creating what he called a tremendous rush to judgment.
Quoting here never in my life have I seen the presumption of innocence more trampled on stopped on that in this case mid may and said again the defense attorney.
Arguing that the overdose death of the woman in West Philadelphia clinic.
Was a quote tragic accident and that there was no spit scientific evidence that this 72 year old man.
Killed babies after they were born alive that's a matter of contention of course in the courtroom.
But the assistant district attorney a guy named -- Cameron.
In his closing argument told a story about his sick dog to the veterinarian to be put down.
With a shot to induce sleep first.
-- said quote.
These babies didn't even get that.
Quote my dog was treated better -- he treated babies and women according to Cameron the prosecutor and that's because he didn't care.
The prosecutor went on he created an assembly line with no regard for these women whatsoever.
The judge reminded the jurors of the the members of the jury to ignore portions of the emotional closing -- closing arguments including these charges of racism quote.
I attribute that to the emotion of the case none of that is relevant for your consideration it's not something you can should consider in your deliberations.
It's not part of the evidence.
Rebecca rose woodland is -- -- a criminal defense attorney with experience in these matters and Rebecca this has been.
By any account by any assessment a horrifying procedure.
This is nauseating I mean what and every thing that has been said in this trial is nauseating.
The defensive activities -- -- have been good -- -- unnecessary.
To start any any.
Statement about racism when nothing had been brought up is really very out of what we -- even say is proper as an attorney.
It's not appropriate he was facing charges based on.
Think the prosecution.
Knowing that police officers went in to raid his.
Little facility there not full abortions -- for illegally prescribing drugs and then they saw fetuses in her refrigerator.
So I think it's a bit extra extreme for any defense attorney to claim racism here.
This has nothing to do with race this has to do with the facts and evidence in this case where there's one woman.
Who is clearly not here with us anymore due to an overdose and there are fetuses.
They hit the big question is where they'll live.
Prior to the abortion proceeding or did he you know and I know we don't -- -- be too graphic or word I say reportedly -- terminated after they were born I mean -- this is the big question I don't think there's anything to do with racism here and I think that's inappropriate because a lot of his clients.
War of the same -- Here's the evidence case.
The people that pleaded usually people that worked for doctor -- now testified that these babies were breathing.
Gasping for air whining and moving about the after the abortions all of which is indicative of the fact that they were alive.
The expert witnesses whom the defense hired and who the excuse me who the government hired we're not able to say definitively that they were alive because they never been examined the baby to baby was killed by the doctor the cut the abortion was completed.
After the baby had been removed from the mother's body.
On the first day of deliberations the jury sent out -- this was ten days ago or ten working days ago.
The jury sent out questions regarding one.
Of the names of a patient and the definition of quote any excuse me theft by deception.
A man who is a medical school graduate is charged with participating in the operation of corrupt organization by theft and deception.
-- -- also is charged with conspiracy.
Abortion at 24 or more weeks of pregnancy.
Theft corruption of minors solicitation and other related offenses he -- this other guy O'Neill have pleaded not guilty.
The babies guys -- is accused of killing.
Include one that a former employee testified against any employee testified.
Wind after it was quote expelled from its mother.
One that a former employee testified was a large baby boy that breathed before having its neck snipped.
And was placed into a plastic bag the size of a shoe box.
One of who's next -- was snipped after the employee played.
With the baby.
And one that was delivered into a toilet and appeared to be swimming.
Before being scooped up and having its net snipped.
Easy to listen to absolutely not.
Appropriate for daytime television.
You'll have to decide.
But that those are the specific allegations they are important in their specificity.
Because it is the specificity.
Which matters here.
To say that a baby was seen swimming it in -- toilet.
Means that baby was alive.
According to the testimony that happened inside the courthouse now.
The jury has to make those decisions that's for the jury to decide it's not for me to decide or anyone else to decide the jury has to decide if when a woman was seen playing where -- baby.
Prior to its quote -- being -- does that mean the baby was alive.
Well there was a lot of testimony here and there are a lot of charges to go through the defense attorney Jack in May and has maintained that none of the infants was -- not want.
Rather he said they were already deceased as a result of Gaza know previously administering the drug died Gaza and which -- and cause abortion again can cause abortion.
In his closing argument he accused prosecutors of quote the most extraordinary hype and exaggeration in the history of the criminal justice system on quote.
And again as I mention adding that they are elitist and racist.
-- -- who's African American and it has been accused by authorities of preying on low income minority women.
Make me and argued that the doctor does now offered access to health care.
For people who were poor and without health insurance.
-- art also tossed out all five abuse of corpse charges.
Relating to storing the feet of aborted fetuses in plastic containers.
The judge dismissed one count.
Of infinite and it -- and it's aside.
The intentional killing of an infant.
Guys -- is accused of reusing unsanitary instruments performing procedures in filthy rooms.
Including some in which.
Litter boxes and animals allegedly were present at the time and allowing unlicensed employees including a teenage high school student.
To perform operations.
And administer anesthesia.
Nine others who worked in the West Philadelphia medical office including does -- wife and sister in law also were charged eight have already pleaded guilty.
It is our belief that the jury has so well that they've been reading the verdict inside the court we won't know any of what happened there -- any specificity.
Until after it's all finished presumably until after the jury is -- And then -- will come our reporters and producers from the courthouse and we'll know the fate of this man.
And have a lot better idea about the bigger debate and we'll have that all for you and breaking news after this.
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