A Philadelphia judge Tuesday threw out three of eight murder charges against an abortion doctor.
Kermit Gosnell is accused of killing seven fetuses born alive at his abortion clinic.
He is also charged in the death of a woman who was given a fatal dose of anesthesia.
A judge dismissed three of the infant death charges, citing not enough evidence.
Gosnell is still charged in four baby deaths and the patient overdose.
If convicted, he could face the death penalty.
Gosnell has pleaded not guilty
His attorney argues the babies were already dead.