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Gosnell Judge Issues Surprising Reversal, Reinstates Murder Charge Over Baby Allegedly Breathing 20 Minutes After Birth (Plus: Defense Rests)

Dr. Kermit Gosnell (AP)

​Editor's note: This is a report filed from writer Billy Hallowell, who is attending the Gosnell trial today.

This story has been updated.


Tuesday's shocking courtroom drama during the Dr. Kermit Gosnell case sparked outrage and confusion among some Americans after a number of charges against the abortion doctor were dismissed. But on Wednesday, the ruling changed slightly.

During the proceedings, Judge Jeffrey Minehart threw out three counts of murder and five counts of corpse abuse, as TheBlaze previously reported. On Wednesday, however, the justice had a change of heart, reinstating one of the murder charges that he had tossed just 24 hours before.

Citing an error in judgement, Minehart recanted axing the murder charge for "Baby C," the child who was purportedly alive for 20 minutes before its spine was cut. Some of Gosnell's own staff members have reported seeing the baby breathe and move before being killed, reports.

The Atlantic adds the following: "Baby C was moving and breathing for 20 minutes before an assistant came in and cut the spinal cord, just the way she had seen Gosnell do it so many times. And these were not even the worst cases."

One of the more gruesome, graphic and troubling stories to come from the case, some were dumbfounded when Minehart dropped the charge surrounding it.

Now, it has been reinstated -- and in a series of tweets from inside the courtroom, J.D. Mullane, a columnist for the Bucks County Courier Times, detailed the judge's change-of-heart that led to the decision:

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Minehart also threw out the murder charge for a Baby F -- a child purportedly seen making a single leg movement. The reversal and subsequent action were apparently rooted in what he called a "clerical error."

Early Wednesday afternoon, the defense rested without calling any witnesses. Most notably, Gosnell did not take the stand in his murder trial. Closing arguments will be made on Monday and the jury is scheduled to be charged on Tuesday.


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