Judge removes abortionist’s wife’s attorney

What began as a hearing to get lower bail for the wife of accused abortionist Kermit Gosnell ended dramatically this morning with a Philadelphia judge disqualifying her lawyer.

Common Pleas Court Judge Benjamin Lerner ruled that allowing Mary T. Maran to continue to represent Pearl Gosnell, 50, made avoiding a conflict of interest with her husband's defense impossible.

Lerner cited evidence submitted by city prosecutors that Maran met on several occasions in a city prison with Kermit Gosnell, who is represented by Jack McMahon, a prominent criminal lawyer with whom Maran is an associate.

Despite Maran's protests that she met with Kermit Gosnell only to try to decipher the couple's complex finances so Pearl Gosnell could pay her, Lerner was unconvinced.

Lerner noted that at an earlier hearing before another Common Pleas Court judge, Maran and McMahon promised that they would erect a fire wall between their offices and professional relationship in defending their clients.

"You have already disobeyed the order of another judge of this court and gone back on what you promised to do," Lerner told Maran, citing the prison visits.

Maran said afterward she will consider appealing the ruling.

"I have the greatest respect for Judge Lerner but in this case I believe he is wrong," Maran said. "The fact is there is no actual conflict involved."

Court rules and the code of lawyer conduct prohibit a lawyer, or lawyers for the same firm, from representing two clients charged in the same criminal conduct.

Although that rule can sometimes be waived by a criminal defendant - Pearl Gosnell said she wanted to - Lerner said he had an independent duty to protect her legal rights to independent counsel and protect the integrity of the eventual trial from later appeal.

Gosnell's head sunk into her hands and she began weeping as the judge announced the ruling on a motion by Assistant District Attorneys Joanne Pescatore and Christine Wechsler.

"My client is devastated," Maran said afterward.

Lerner also ordered Maran to have no conversation with McMahon or Kermit Gosnell regarding their defense plans.

The judge, however, said Maran could continue to work with Pearl Gosnell on issues involving the care of her children, including a 13-year-old daughter being cared for by neighbors.

As for the question of lowering Pearl Gosnell's $1-million bail, Lerner put that off until March 30, when the cases of all 10 defendants in the Gosnell case will be before him at a pretrial hearing.

The Gosnells and eight workers at their now-shuttered Women's Medical Society clinic in West Philadelphia were arrested Jan. 19 for allegedly performing illegal late-term abortions during which one patient died and seven infants were allegedly killed although they were born alive and viable.

Gosnell himself is being held without bail and prosecutors have said they are considering the death penalty against him.

On Thursday, Lerner reduced bail for one of the doctor's former workers, allowing her to go free pending trial.

Lerner reduced the bail of Elizabeth Hampton, 53, Gosnell's sister-in-law, to $5,000 from the original $250,000.

Hampton is the second of the defendants to have their bail reduced. Last Friday, Lerner granted a request to reduce the $1-million bail for Eileen O'Neil to $30,000. O'Neil posted 10 percent of the lower amount and was released the same day.

Two other defendants posted bail shortly after their arrests.