reasoning. reports indicated he did not hear sufficient evidence the three babies he took out were actually born viable and then killed. gosnell is also charged with third-degree murder in the 2009 death of an abortion patient. he's accused of overdosing during the procedure. prosecutors are seeking the death penalty for gosnell in the death of the infants. joining me is radio talk show host, msnbc contributor michael smerconish, and ilyse hogue. president of naral, pro-choice america. i want to put a couple things in perspective, michael. you are a lawyer from pennsylvania. you know your stuff and you know this case. ever since 1976 in pennsylvania, we've only had three executions for murder one. so this is a unique case, the fact we're even talking about it. michael, put it in that perspective. the fact that we're already talking about capital punishment in this case. >> well, the important thing to keep in mind is that in pennsylvania, we have the death penalty on the books, but we don't really mean it. in those three instances, the only three cases where a death sentence has been carried out,
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