By Michelle Provencher 10:44pm, April 23, 2013 - Updated 10:46pm, April 23, 2013
(AP Photo)The judge presiding over the former abortion clinic doctor, Kermit Gosnell's, trial throws out three of his murder charges Tuesday.
Daily News Staff Writer Mensah Dean is covering the case, and he says the dismissal of these 1st degree murder counts may be related to the testimony of the Philadelphia Chief Medical Examiner.
"He could not say, one way or the other, whether the babies were born alive or not because of the condition of the fetuses. They recovered 47 fetuses in the clinic. They were frozen, and they had to be thawed out before they could be autopsied. And the doctor had said because of the freezing process and the thawing process, it destroyed the flesh and veins and other parts of the remains."
Dean calls Judge Jeffrey Minehart's ruling "surprising."
"Usually, the judges don't do that. So this was somewhat of a surprise. He didn't give any explanation as to why he made the ruling."
Gosnell still faces five more counts of murder for the deaths of one adult woman and four potentially born-alive babies. If convicted, he may receive a death sentence.
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