NBC 10 News Philadelphia, WCAUTV 2013-05-14 6AM Gosnell Trial Commentary with Lead in

Home  »  Legal Commentary Videos  »  NBC 10 News Philadelphia, WCAUTV 2013-05-14 6AM Gosnell Trial Commentary with Lead in


One week from today, jurors will be deciding the fate of Dr. Kermit Gosnell.

“Gosnell, can you react to the verdict?”

Yesterday a verdict came out that Gosnell is now guilty on three counts of first degree murder. He will face life in prison or the death penalty for killing three babies who were born alive. He is also guilty of the involuntary manslaughter of Karnamaya Mongar, who died after having an abortion in Gosnell’s West Philadelphia clinic.

“A jury has spoken and we respect that verdict and it was a lot of hard work on both sides. The jury worked hard too and they came up with their verdict and, obviously, we respect it.”

Gosnell will be back in court next Tuesday as the penalty phase begins.

And joining us this morning on legal analysis on the verdict in the Gosnell trial is defense attorney Enrique Latoison. He is live in our digital operations center. Good morning Enrique.

Good morning.

So, first, real briefly, what was your reaction to the verdict yesterday?

Well, I would say that the verdict was not really a surprise, based on the fact that they did take so long to deliberate in this matter. Some of the questions they were asking to be read back from the court, some of the transcript information that came out, I started to get the feeling that they were leaning towards guilty verdicts in this case.

So, let’s talk about the penalty phase. Defense attorney Jack McMahon says he doesn’t regret not putting Dr. Gosnell on the stand. Do you think you will put him on the stand for the penalty phase?

I would think you would expect to see him testify during the penalty phase. Obviously, the jury is going to have to consider the aggravating circumstances that the __ office is going to present to the jury. They have to come beyond a reasonable doubt, determination of aggravating circumstances in order to order the death penalty in this case. Mr. McMahon will put on mitigating circumstances to off said those aggravating circumstances. Some of those circumstances from mitigation can be no prior criminal history, his contacts with the community, his age, his mental capacity at the time of the crime. And, of course, some of the aggravating circumstances the __ office will put through will be that this was a child under 12 years old, possibly torture killing, and possibly the fact that this murder was done during the commission of another felony.

Yeah, talk a little bit more about what the jury faces when they have to decide life in prison or the death penalty for Dr. Gosnell.

Well, right now, with the first three murder convictions, it’s already automatic life in prison, except if they come back with the death penalty. It will be another long process. They will probably be a week listening to evidence, multiple people testifying. I’m sure it will also be a very emotional penalty phase and, they will have to go and deliberate again. This story has already proven itself to be a jury that takes their time and deliberates this matter and still, right now, they are under the same instructions they were during the trial. You’re not allowed to read or do your own investigations, read newspapers, or do any kind of research or look at the media in any way shape or form.

Right. Enrique Latoison, thanks so much for spending time with us this morning. We appreciate it.

Thank you

And remember to turn to 10 for continuing coverage of Kermit Gosnell’s sentencing. Again, that part of the trial gets underway next Tuesday and you can count on MBC 10 to bring you all the information you need.

It’s 6:18 right now. The associated press says the US justice department secretly obtained its phone records during an investigation. The government wants to know who leaked information to the AP about a CIA operative in Yemen.

For other practice areas or other legal services, go to www.LatoisonLaw.com