"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.