By Associated Press 1:10pm, April 23, 2013 - Updated 1:35pm, April 23, 2013
(AP Photo)A judge has thrown out some of the murder charges against a Philadelphia abortion provider involving babies allegedly born alive.
Common pleas court Judge Jeffrey Minehart dismissed three first-degree murder charges Tuesday against Dr. Kermit Gosnell. Minehart has not explained the reasoning behind his ruling.
Prosecutors have argued that the babies were viable and Gosnell and his staff cut them in the back of the neck to kill them.
Defense lawyer Jack McMahon had argued Tuesday "there is not one piece .... of objective, scientific evidence that anyone was born alive" at Gosnell's clinic.
Gosnell still faces charges that he killed a patient and four other babies allegedly born alive.
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