Philadelphia ( CNN ) -- The defense attorney for a Philadelphia abortion doctor charged with murder in the deaths of four babies on Monday attacked prosecutors ' evidence that live births took place at Dr. Kermit Gosnell 's clinic as he presented closing arguments in the case . Gosnell , 72 , is accused of killing babies with scissors that were used to cut their spinal cords . Authorities allege that some of the infants were born viable and alive during the sixth , seventh and eighth months of pregnancy . Although he did not call a single witness to the stand , Gosnell 's defense attorney , Jack McMahon , gave an impassioned , 2 1/2-hour closing argument to the jury refuting the prosecution 's evidence and once again claiming that none of the infants was killed ; rather , he said , they were already dead as a result of Gosnell administering the drug Digoxin , which can cause abortion . Defense calls no witnesses . McMahon , stalking the jury box , accused prosecutors of `` the most extraordinary hype and exaggeration in the history of the criminal justice system , '' even adding that they are `` elitist '' and `` racist . '' Gosnell , who is African-American , has been accused by authorities of preying on low-income , minority women . McMahon argued that Gosnell offered people who were poor and without health insurance access to health care . `` These are desperate , young girls who were in trouble . But he provided these desperate young girls with relief , '' McMahon said . Flipping through a series of photos of the Women 's Medical Clinic , McMahon argued that the images rebuffed their `` House of Horrors '' claim . `` This is n't a perfect place by any stretch of the imagination , but it 's not what they say it is , '' McMahon bellowed . `` Are you going to believe Mr. Cameron or your lying eyes . '' McMahon then asked the jury to find courage and `` be fair , '' he said . `` Be true to yourself , '' he said , `` Go by what the evidence is , not what everyone wants it to be . '' Judge tosses 3 murder charges . Before Philadelphia Assistant District Attorney Edward Cameron delivered his closing arguments , an examination chair with stirrups , a sonogram machine and other medical devices that were on permanent display in the center of the courtroom during the trial were returned to their place facing the jury box . District Attorney Seth Williams , flanked by a security detail , entered the packed courtroom and observed from the back of the room . `` This case is not about us , '' Cameron said . `` It 's about Karnamaya Mongar , and those four babies that are dead , and getting them justice . '' Cameron then summarized testimony from almost all 54 witnesses who took the stand during the seven-week trial . As he read through key facets of testimony , four enlarged photos of three fetuses , and a photo of Mongar and her husband , faced the jury before being placed on several monitors throughout the courtroom . At one point Cameron turned to Gosnell , who wrote notes incessantly on a notepad , and yelled . `` Are you human ? '' he asked , hands on his hips while Gosnell smirked back at him . `` It 's time for us to extinguish the fire he created . '' Philadelphia doctor performed illegal late-term abortions , ex-employee testifies . Gosnell originally faced eight counts of murder in the deaths of seven babies and Mongar , 41 , who died of an anesthetic overdose during a second-trimester abortion . He is also charged with conspiracy , abortion at 24 or more weeks of pregnancy , theft , corruption of minors , solicitation and other related offenses . Common Pleas Court Judge Jeffrey P. Minehart threw out three of the seven first-degree murder charges against Gosnell last week . He has pleaded not guilty . The judge also tossed all five abuse of corpse charges for storing the feet of aborted fetuses in plastic containers . Minehart also dismissed one count of infanticide , the intentional killing of an infant . Gosnell is also accused of reusing unsanitary instruments ; performing procedures in filthy rooms , including some having litter boxes and animals present during operations ; and allowing unlicensed employees -- including a teenage high school student -- to perform operations and administer anesthesia . Nine others who worked in the west Philadelphia medical office , including Gosnell 's wife and sister-in-law , also were charged . Eight have pleaded guilty . Also on trial is co-defendant Eileen O'Neill , 56 , a medical school graduate who worked as a doctor at the Women 's Medical Society . O'Neill , who did not have a medical license , is not charged with performing abortions but with participating in the operation of a `` corrupt organization '' and `` theft by deception '' for operating without a doctor 's license . `` She was pretending to be a doctor and does n't deserve the title , '' Cameron said , turning to O'Neill who looked down at her notepad and scribbled . Meanwhile , a gag order preventing attorneys or the jury from speaking to the media remains in place . If he is found guilty , Gosnell , who is not a board-certified obstetrician or gynecologist , could be sentenced to death . Victims daughter offers emotional testimony .
NEW : `` Are you human ? '' prosecutor asks Gosnell during closing argument . Lawyer for abortion doctor on trial for murder delivers 2 1/2-hour closing argument . Prosecutors used `` hype , exaggeration '' against Dr. Kermit Gosnell , 72 , he says . Gosnell is accused of killing babies born alive during illegal abortions .