Gosnell trial postponed, attorney ill

The opening of the defense case in the murder trial of West Philadelphia abortion doctor Kermit Gosnell was canceled this morning after Gosnell's attorney was hospitalized.

Defense attorney Jack McMahon called Philadelphia Common Pleas Court Judge Jeffrey P. Minehart at about 9 a.m. today to say he was feeling ill and was going to a hospital.

The nature of the illness was not known. McMahon, 60, missed court on April 1 after developing a heavy chest cold or flu. Though he returned and the trial resumed the next day, McMahon's hacking cough has never left and he has often seemed winded as he finishes questioning witnesses.

It remains unclear if a motions hearing for codefendant Eileen O'Neill will be held today. O'Neill's attorney, James Berardinelli, filed a motion for a directed verdict of acquittal last Thursday after prosecutors completed their case.

Minehart had scheduled the hearing for today before the start of defense testimony and technically, because it only involves O'Neill, it could be held. Such defense motions are common after the prosecution completes its case.

For 31 years, Gosnell, 72, owned and operated the Women's Medical Society clinic at 3801 Lancaster Ave. where he had a family medical practice and also did abortions.

Gosnell is charged with seven counts of first-degree murder for allegedly killing babies born alive and viable during late second-trimester abortions.

He is also charged with third-degree murder in the 2009 death of a Virginia abortion patients who prosecutors alleged was given too much Demerol during an abortion procedure.

O'Neill, 56, of Phoenixville, is not charged with performing abortions. She is charged with working as a doctor without a valid medical license and participating in the operation of a corrupt organization.