No preliminary hearing for abortion defendants

A Common Pleas Court judge this afternoon granted a prosecution motion to skip a preliminary hearing for the 10 people charged in the operation of a West Philadelphia abortion clinic in which one patient died and seven newborn infants were allegedly killed.

Judge Renee Cardwell Hughes ruled that the 260-page report of a county grand jury released last month more than made out a case that Dr. Kermit Gosnell, his wife Pearl, and eight employees of the Women's Medical Society clinic should be held for trial.

In ruling, Hughes rejected the objections of most of the defense attorneys, saying that scheduling preliminary hearings for the 10 defendants would be an unnecessary expense given that the grand jury heard nine months of testimony by 62 witnesses including 30 who were taken on tour of Gosnell's shuttered clinic at 3801 Lancaster Ave.

"The complexity of this case is such that getting this hearing today almost shut down the Court of Common Pleas because I have all the sheriffs here with me," Hughes said.

Indeed, the large ceremonial courtroom was packed with spectators and more than a dozen deputies flanked the perimeter of the large courtroom to maintain security.

None of the 10 defendants said anything at the 50-minute hearing. All are being held in custody in lieu of bail of up to $1 million. The next court date is arraignment on March 2 although defendants in custody are not generally brought to court for a reading of the charges that is basically a formality.

Hughes, who supervised the grand jury investigation, told defense lawyers they would receive discovery - the relevant evidence and testimony underlying the charges recommended by the grand jury - in 10 days.

Today's hearing was set last week when Gosnell and his wife were brought before Hughes and asked why they had not hired lawyers.

Earlier today, prominent Center City defense attorney Jack McMahon confirmed that Gosnell had hired him for the trial. McMahon's associate, Mary T. Maran, will represent Pearl Gosnell.

McMahon, a former city prosecutor who has specialized in defending high-profile criminal defendants since joining the defense bar, is currently involved in a trial defending Gerald Ung, 29, the former Temple University law student charged with attempted murder in a Jan. 17, 2010 shooting of a man in Old City.