Gosnell is charged with third-degree in connection with the death of a woman following an abortion, and with seven counts of first-degree murder of babies that prosecutors say were born alive and viable.
Today, three of the first-degree murder counts were dismissed by Judge Jeffrey Minehart.
Defense attorney Jack McMahon challenged that any of the seven fetuses was born alive, arguing there was no evidence of life or voluntary movement in them, identified in court as Baby A through G.
The prosecutor however argued there was evidence of life in each case: a breath, a movement, a sound.
McMahon argued that the alleged evidence was inconclusive and was consistent with involuntary post-mortem spasms.
Judge Minehart ruled that in three of the cases, Babies B, C, and G, the evidence was insufficient and dismissed the cases.
Several other people who worked in the west Philadelphia medical office have already pleaded guilty to related charges.
Four first-degree murder counts and the third-degree murder count remain as the defense has begun presenting its case.
When Gosnell’s clinic was raided prosecutors said they found a, ‘house of horrors.’