(CBS/AP) PHILADELPHIA - A jury says it's deadlocked on two counts in the murder trial of a longtime abortion provider, but it wasn't immediately clear which counts.
Dr. Kermit Gosnell is accused of killing a patient and four babies allegedly born alive at his Philadelphia clinic.
The counts that divided the jury were not announced Monday. In addition to the five murder charges, Gosnell also faces more than 200 charges of violating abortion law. Prosecutors say he performed illegal, third-term abortions and failed to counsel women 24 hours in advance.
After deliberating for one hour and 47 minutes on the 10th day of deliberations, the jury sent a note to the judge at 10:07 a.m. Monday stating that they were hung on two counts, CBS affiliate KYW reports.
It's not clear whether the judge will ask jurors to try again to reach a verdict, but judges typically instruct a jury to do so.
Gosnell's lawyer argues that the babies were killed in the womb with an abortion drug, and he says the patient died of complications.