PHILLY CONFIDENTIAL: “We are seeking the death penalty” against Gosnell because of two “aggravating factors” — he’s accused of multiple murders and his alleged victims are younger than age 12, Pescatore said. Attorney Jack McMahon, who represents Gosnell, said seeking execution for Gosnell “makes no sense.” “He’s a 70-year-old man with no previous record. And Pennsylvania hasn’t carried out an execution in years (since 1999). The reality is there will be no death penalty for Mr. Gosnell, so why clog up the court system with a death penalty case that is death penalty in name only?” McMahon said. MORE