PHILADELPHIA (AP) — An unlicensed doctor has won a new theft and conspiracy trial because she was tried with rogue Philadelphia abortion provider Kermit Gosnell.

An appeals court says the disturbing evidence about babies being killed at Gosnell’s clinic unfairly prejudiced co-defendant Eileen O’Neill.

O’Neill spent nine years at Gosnell’s clinic but mostly worked with geriatric patients. The theft charges involve her billing as a doctor.

She has been serving a three- to 23-month sentence at home on parole. Gosnell is serving life in prison for killing babies born alive.

The Pennsylvania Superior Court says O’Neill should have been granted a separate trial.

Defense lawyer James Berardinelli says she was tried in 2013 amid “a horrific set of facts.”

Philadelphia prosecutors are deciding whether to appeal Tuesday’s ruling or agree to retry the case.

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