February 9, 2011

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"If it's big baby, he [Gosnell] never tell us the truth"

Editor's note. By now all of you know that a Philadelphia Grand Jury Grand Jury Report culminated with abortionist Kermit Gosnell and some of his staff being charged with eight counts of murder. We are running a daily excerpt from the 261-page report. Lewis, Massof, and Cross were employees of Gosnell.

[Latosha ]Lewis and [Steve] Massof both testified that they believed Gosnell dealt with some of the patients with the longest-term pregnancies on Sundays, when his staff was not at the clinic. When Massof came in on Monday mornings he would find bloody instruments in the sink even though they had been cleaned before the facility closed on Saturday night. When Massof asked Gosnell if he had seen patients on Sunday, the doctor answered, according to Massof: "Oh, yes, I took care of it. I had my wife or somebody help me or whatever." Gosnell's wife Pearl confirmed that she assisted her husband with procedures on Sundays.

Steve Massof told the jurors that when the ultrasound showed that the fetus was beyond 24 weeks, the staff would give the chart to Gosnell for him to "counsel" the patient. It is not clear that Gosnell ever counseled these patients. However, he did negotiate the price, because he charged more for women with pregnancies beyond 24 weeks. Latosha Lewis testified that Gosnell would still perform abortions on these patients. She rarely, if ever, saw Gosnell decline to do a procedure because a woman was too far along. Massof said that even if the ultrasound showed a fetus was 24 weeks, it would often be a week or two older by the time the procedure was done because "they would have to get their money."

Kareema Cross told us, "If it's big baby, he [Gosnell] never tell us the truth." Instead, "He'll always say the baby was 24.5." According to his workers, Gosnell recorded any fetus over 24 weeks as "24.5" weeks on their charts. The fetus could be 26 or 28 weeks, but on the chart, the doctor would always write 24.5. They testified that he told them 24.5 weeks was the legal limit. Yet because Gosnell regularly recorded late-term abortions as 24.5 weeks, his own notations prove that he performed numerous illegal abortions in violation of Pennsylvania's 24-week limit.

Sometimes, where the gestational age exceeded the 24-week limit, Gosnell forgot - or did not bother- to include a manipulated ultrasound in the file. Instead, even where the only ultrasound established a gestational age greater than 24 weeks, Gosnell performed an abortion anyway, indicating, in the patient's file, that the patient was exactly 24.5 weeks pregnant.

Law enforcement officers seized some abortion patient files from Gosnell's clinic. Between the time that law enforcement raided Gosnell's office in February and the time that investigators returned with a warrant to seize patient files, many files had disappeared. The Grand Jurors viewed a videotape of the February 2010 raid and saw files on shelves outside the procedure rooms and along a hallway. Those shelves and that hallway were empty when investigators returned. Lewis and others told us that these were second-trimester files. Most of the second-trimester files from 2008, 2009, and 2010 remain missing.

The Grand Jury, reviewing just the fraction of Gosnell's abortion files seized by authorities, was still able to document numerous instances in which ultrasound readings were manipulated to disguise illegal late-term abortions. Our review, although limited by the disappearance of many patient files, revealed that Gosnell reported performing abortions on 24.5-week fetuses more than 80 times between 2007 and February 2010.

Clinic staff testified that Gosnell took patients files home and did not keep records of most of his late-term abortions at the clinic. Tina Baldwin explained that Gosnell took second-trimester files home "if there were difficult cases or some cases where he thought they shouldn't be in there." Massof told us that Gosnell always took files home, so "I think he has them. If he hasn't destroyed them, he has them." A subsequent search of Gosnell's home and car turned up only some of these files. One of the files seized from Gosnell's car was partially shredded.