On Monday morning the jury considering more than 250 charges against Dr. Kermit Gosnell told Common Pleas Judge Jeffrey P. Minehart that it was hung on two of the counts, but according to early reports it is not clear which counts the jury did not agree on.

The majority of the 268 charges Gosnell faces relate to allegations he violated Pennsylvania abortion law. He is also facing a third-degree murder charge in the death of a former patient and four counts of first-degree murder charges for his alleged role in the deaths of four babies delivered alive during abortion procedures. The court had previously dropped three similar first-degree murder charges after prosecutors failed to produce any evidence the babies were born alive.

By law Judge Minehard is now required to re-instruct the jury on those counts and tell them to return to deliberations and attempt to reach a consensus on those two counts. Monday marks the tenth day of jury deliberations, after almost two months of trial and testimony.

If convicted of first-degree murder, Gosnell faces the death penalty. Jurors are also considering a handful of charges against Gosnell’s co-defendant, Eileen O’Neill. According to prosecutors, O’Neill deceived patients and insurance companies by pretending to be a licensed physician and billing for those services.