Nightly News   |  May 01, 2013

Day 2 of abortion trial jury deliberations

A grand jury report states Dr. Kermit Gosnell allegedly delivered live, viable babies in the third trimester of pregnancy and then murdered the newborns. NBC’s Stephanie Gosk reports.

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>>> an early heads-up on the next story for those watching with young ones present. it is a grisly subject matter. a jury in philadelphia ended its first day of deliberations without a verdict in the high profile trial of an abortion doctor accused of murder. there were six weeks of testimony, much of it difficult to hear. our report tonight from nbc's stephanie gosk in philadelphia .

>> reporter: what dr. kermit goznel allegedly for years is too gruesome to describe in detail. the women's medical society was one of the only places in philadelphia where pregnant woman could afford to go for abortions. the grand jury report states he regularly and illegally delivered live viable babies in the third trimester of pregnancy and then murdered the newborns. the doctor allegedly hired unlicensed workers including a 15-year-old. investigators described this clinic as outdated, filthy, and horrendous. the police found rusty instruments, dirty equipment and blood on the floor.

>> happening now, a jury deliberates for aecond day in the murder trial of dr. kermit gosnell.

>> reporter: he pleaded not guilty to the charges including four counts of first-degree murder involving infants, one count of third degree murder of a 41-year-old patient. three previous charges of first-degree murder were dropped for lack of evidence. gosnell's defense rested without calling witnesses including the defense, and accused prosecutors of hype and exaggeration. if found guilty he face it is death penalty. the grand jury criticized pennsylvania health officials for not doing more. the clinic wasn't inspected for 17 years, despite repeated complaints. local crime reporter larry miller grew up in the neighborhood.

>> that particular part of the city feels as though they have been left behind, that they have been ignored by the government, by the local government , the state government .

>> reporter: is that because they are poor?

>> it is because they are poor.

>> reporter: the department of health has changed the laws. clinics who provide abortions face the same regulations as outpatient surgery clinic. a horrifying case used as a rallying cry for change. stephanie gosk, nbc news, philadelphia .