Legal Commentary

PA to Seek Death Penalty Against Abortion Doctor

By Jeralyn

Prosecutors in Philadelphia announced today they will seek the death penalty against abortion doctor Kermit Gosnell. They asked for an extension of time to decide whether they will also seek the death penalty against his co-defendants.

We are seeking the death penalty” against Gosnell because of two “aggravating factors” — he’s accused of multiple murders and his alleged victims are younger than age 12, Pescatore said.

His lawyer, Jack McMahon, says:

“He’s a 70-year-old man with no previous record. And Pennsylvania hasn’t carried out an execution in years (since 1999). The reality is there will be no death penalty for Mr. Gosnell, so why clog up the court system with a death penalty case that is death penalty in name only?” McMahon said.

The facts of the case, which I reported on at length here, are gruesome. But the death penalty is overkill. And to use it as a bargaining chip against the co-defendants is particularly odious: [More..]

“They [the co-defendants]might want to tell us more things before (the new deadline),” Assistant District Attorney Joanne Pescatore said.

Since Dr. Gosnell is 70 years old, if convicted, he would likely get a sentence that amounts to life in prison. That is, for all practical effect, a death sentence: the only way he comes out is in a pine box. If sentenced to death, his appeals would take years, and likely outlive him. Insisting that he be executed is a waste of the state's judicial and financial resources.

Full post as published by TalkLeft on March 02, 2011 (boomark / email).