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at any moment for their connection with a clinic that gave them banned performance-enhancing drugs. the first player suspended because of that clinic will miss the rest of the season. and now major league baseball has reportly informed the players union about who else will be suspended. nelson cruz of the texas rangers and jhonny peralta plays for the detroit tigers. then there's alex rodriguez. he really is the marquis name on that list. they say they'll fight any planned suspension. joe carter is live in tampa, florida where a-rod is rehabbing from an injury. also chris stone, managing editor of sports illustrated, and also legal analyst beth karas because there are some legal issues here. joe, let's start with you in the

a-rod rehab. physical image rehab and negative image rehab, if that's even possible. what's happening down there? >> this suspension is looming close, mlb saying a decision will come down this week. with so much controversy looming, alex rodriguez continues to show up to his rehab assignment here in tampa, florida, the training facility as usual. he arrived an hour ago, took some bp in the batting cage, is headed out to the field to do ground balls. typical normal assignment to be healthy and continue with the tigers. john? >> they tell the media they will fight any suspension. why fight it? why not just accept the penalty like ryan braun did last week, and ryan braun will be playing again next season.

>> alex rodriguez and his attorneys said they plan to fight this, and their goal is no suspension whatsoever. alex rodriguez has denied any involvement with tony bosch, he's denied any involvement with that clinic that's now closed in south florida, and he said that baseball is his first love. he plans to get back in the game and he's working to do everything possible to not only repair his body, but as you said, repair his image. >> chris stone. we're hearing that other players on this list might accept the penalty from the commission like ryan braun did. this is a fascinating change for anyone who has covered performance-enhancing drugs in the last 20 years. the players union doesn't seem to be putting up much of a fight in this case. why is that? >> i think since the last collective bargaining agreement you see a cooperation between the management that hasn't existed before. and how quickly ryan braun accepted his punishment

indicated there was probably a pretty strong body of evidence against him, and i don't think a player wants to be seen as resistant to reform as far as mlb's drug policy goes. >> we're not even at the trade deadline. the trade deadline is midnight tonight. there are still pennant races going on here. so why issue these suspensions now? why not wait until the end of the season so it doesn't affect the pennant race in the post-season? >> the news is already out there and it's going to hang over the narrative for the rest of the season. i think they want to adjudicate it as quickly and cleanly as possible. from all indications in the reports the last 24 hours, they'll be able to do just that. obviously the big impediment here is alex rodriguez, because if he doesn't accept the terms put in front of him, it will hang over the narrative for the rest of the season, and i think that's what baseball really wants to avoid here. >> that could be a circus, no

doubt about that. also interesting, chris, that some of the teams seem to be preparing already for suspensions. the detroit tigers just traded for a shortstop overnight. seems they're already thinking about replacing jhonny peralta. that's the sports side of it. there really is a legal side to this. a court ruling this week that says baseball can go after this biogenesis clinic, it can sue them. that means getting testimony or depositions from former workers, also from a-rod's cousin who was also listed in the biogenesis records. joining me to talk about this angle of it is legal analyst and former prosecutor beth karas. beth, explain the significance of this court decision, the ability to sue biogenesis. apparently major league baseball has already decided to suspend and for how long. what are the implications of this? >> they're doing what is already alleged, and that's basically to

breach their collective bargaining agreement. there has been a provision in the agreement since 2003, it's a drug prevention and treatment provision, and soliciting players, allegedly, to buy these drugs is a violation of the contract. so major league baseball says they've lost revenue, profit, goodwill. they're not specifying the damages they want to collect from biogenesis, but they're saying, look, you can't go and do this to our players. they are bound by a contract that says they are not going to take drugs like this. and if you're going to knowingly sell them drugs and package them with fake names or partial names, we're going to come after you. we're not going to let you do it. so it's not just biogenesis that may be hurt here but any future company who thinks they will engage in this conduct with a major league player. >> let's talk about a-rod for a second here because there are talks of a major suspension, even whispers of possibly some kind of ban from baseball. what kind of recourse does he

have? what appeals process does he have? is it limited only to baseball and the collective bargaining agreement, or does he have recourse here to fight back? >> his next step would be to appeal to the arbitration panel. these appeals aren't often won under facts like this by players, but it has happened in the past. so it's a three-person panel. he would appeal to that. now, i believe this is a binding arbitration, which means that's it for him. so he has to hope that this arbitration panel will see things his way. now, he's adamant, right, that he's innocent and he wants to protect his own reputation, so good for him if, indeed, that's the case, and maybe there isn't a lot of evidence against him. perhaps there's more against other players. we just don't know everything that they have. he couldn't go outside unless there were, i don't know, some problem with the collective bargaining agreement itself, and i'm sure that major league baseball is pretty protective there. so it looks like the arbitration panel is probably all he's got. >> he has maintained his

innocence, though i should note that ryan braun maintained his innocence until he agreed to that suspension just one week ago. beth karas, great to see you. we appreciate it. kidnapper and sexual abuser ariel castro will be sentenced in cleveland tomorrow. last week he pled guilty to 137 counts to women he held in his home and abused for ten years. it's not known whether the victims will be there, but we will be there. you can watch the sentencing live tomorrow starting at 9:00 eastern time right here on cnn. on now to our next case. a woman tries to hire a hit man to kill her husband. now the husband begs the judge not to send her to prison. yes, i said begs. the husband begs the judge not to send her to prison. we'll tell you the details next. and i have a massive heart attack right in my driveway. the doctor put me on a bayer aspirin regimen. [ male announcer ] be sure to talk to your doctor before you begin an aspirin regimen. go talk to your doctor.

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our next story sounds like the plot of a tv soap opera, a good one, too. a woman is convicted of planning to kill her husband for the insurance money, but the good husband forgives her and asks the judge not to send her to prison. did the judge say yes?

michaele has the details. >> reporter: john, she had no idea that the man she was talking to was an undercover cop and the conversation with him was being caught on tape. before she was sentenced, her husband forgave her and even asked the judge to show her mercy. >> i would like to ask you to forgive my wife for all she has done in this act of hatred. >> reporter: the act of hatred, plotting his murder. she was caught twice trying to hire a hit man. >> i'm just going to take him and shoot him right in the face. >> okay. >> reporter: why did she want him shot in the face? she told an undercover police detective she would rather kill her husband than break his heart by leaving him. >> it's easier than divorcing him. i didn't have to worry about the judgment of my family, i didn't have to worry about breaking his heart. >> reporter: but they say she was actually motivated by money, cashing in on her husband's

$450,000 insurance policy, 50 of which would go to the hit man. now she's traded her sweatshirt for jailhouse blues. just before her sentencing tuesday, milford begged the judge for leniency, saying she's already been published. >> honestly, it could have been worse. the crime i attempted could have been carried out, and that alone, honestly, is the worst punishment anyone should ever have to endure and i will endure it for the rest of my life every single day. >> a far cry from the same woman who is seen laughing as she told an undercover cop she wanted her husband killed in the front yard. >> you don't want it done in the house, then? >> it would be messy in the house. >> reporter: and her husband, not only does jacob milford forgive his wife, he told the judge he didn't want her to serve any prison time. >> before this, she has been a wonderful person, a wonderful wife. i'm sure, as you know, we have two young children. i just ask for a lighter sentence, tucked, please, sir.

>> reporter: the judge sentenced murfield to six years in prison. she could, however, serve as long as 20 years behind bars. john? >> wow. that is one forgiving husband. thank you so much. at this hour, wickkileaker bradley manning is hearing how long he will spend behind bars as he is accused of espionage. that's next. well, did you know that old macdonald was a really bad speller? your word is...cow. cow. cow. c...o...w... ...e...i...e...i...o. [buzzer] dangnabbit. geico. fifteen minutes could save you...well, you know.

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. right now a military judge is deciding just how long private bradley manning will spend behind bars. yesterday a judge found manning not guilty of the most serious offense, aiding the enemy, but he was found guilty of the charge carrying 136 years in prison. manning released hundreds of videos and documents to wikileaks for publication on the internet. this next video in particular can show what could go wrong on the dark side. a gun ship firing on people believed to be iraqi insurgents.

>> we're still firing. >> those fired on were not insurgents but civilians. nine were killed, including a photographer and driver for the roiter news agency. barbara starr joins us. what is the latest? >> the judge is going to hear both sides on how much damage did bradley manning's leaks really hurt national security? was it damaged to national security? the prosecution, the government, says yes. the defense says look at things like that video. it's all about embarrassing the government. manning was disillusioned with the war, he was troubled by what he saw like the matter in that video, and he wanted the public to know what was going on. that's the defense's case. the prosecution sees it very differently. >> is manning really looking at 136 years in prison, or in the

end, could it really be a much shorter time? >> reporter: well, that would be the maximum. you know, there is an interesting wrinkle in that question, because the judge has already said she will knock off about 112 days off any sentence he gets because of the time he served at a military prison here in the washington area in which he was held in solitary confinement, stripped naked. the government again said that was because he was a suicide risk. the judge found suicide risk or not, that was not the correct or appropriate condition for him to be held in, so she's already going to take time off for that. i think the issue is the government will go for the maximum, and the defense will have to convince the judge that national security was not harmed by what he did and that he did not have the intention to harm the country. >> all right. thanks, barbara starr at the pentagon. we should say that decision being made right now. joining us now for more on this case, criminal defense attorney jeffrey king. he's also a former judge

advocate general in the u.s. marine corps. thanks for being with us. really appreciate it. the judge said the prosecution failed in proving the most serious charge here, that manning aided the enemy. what did the prosecution do wrong in its case? >> well, i think, really, they just overreached and they went a little bit too far. because essentially, i mean, he pled to nearly half of these charges under the espionage to be included. so he admitted to the military judge he was also the tryer of fact in this case that he did these things. the judge decided they were going to go one step further and not only show that he disseminated this information but that he intentionally tried to aid the enemy and assist them and show them where our troops were and things like that to kill american forces, and the judge decided that was a hurdle too high for the government to overcome. >> a legal bridge too far. as a former jag, do you think what manning did harmed

servicemen and women, particularly those overseas serving in combat? >> everyone is going to speculate what happened inside that courtroom, and the only person who can really weigh in on that is the trier of fact, in this case the judge. because i don't know because i don't know all the facts behind that. i do know that even if the evidence comes out that he did harm to national security, the point was with the aiding the enemy that the government failed to show that was his intent, that was his purpose in doing that. so even if he had released this information and that caused harm to our national defense, our national security, that still doesn't rise to the level of aiding the enemy. so if they're able to show that, then certainly that will affect his sentencing case, but again, that is why the judge found him not guilty of aiding the enemy. >> the judge clearly looking for some kind of middle ground there in the verdict. it will be interesting to see if the judge seeks a middle ground in the sentencing as well. jeffrey king, thank you so much. i appreciate you being with us.

at this hour in a kentucky courtroom, opening statements by the prosecution and defense as a 17-year-old is on trial for killing his stepbrother. [ male announcer ] this is bob, a regular guy with an irregular heartbeat. the usual, bob? not today. [ male announcer ] bob has afib: atrial fibrillation not caused by a heart valve problem, a condition that puts him at greater risk for a stroke. [ gps ] turn left. i don't think so. [ male announcer ] for years, bob took warfarin, and made a monthly trip to the clinic to get his blood tested. but not anymore. bob's doctor recommended a different option: once-a-day xarelto®. xarelto® is the first and only once-a-day prescription blood thinner for patients with afib not caused by a heart valve problem, that doesn't require routine blood monitoring. like warfarin, xarelto® is proven effective to reduce the risk of an afib-related stroke. there is limited data on how these drugs compare when warfarin is well managed. no routine blood monitoring means bob can spend his extra time however he likes.

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with our base auto policy. and if you switch, you could save up to $423. liberty mutual insurance -- responsibility. what's your policy? welcome back, everyone. a 17-year-old boy is on trial in louisville, kentucky accused of helping his father beat his 14-year-old stepbrother to death. the defense just wrapped up its opening statements and the prosecution just called its first witness, molly varner. she's an art teacher at liberty high school and she was on a walk with her students when they found trey zwicker's body. joshua young is charged with complicity of murder and complicity to tamper with evidence. his father, zach gouker, already found guilty. but he says his son was also a

murderer. >> trey zwicker was brutally murdered by zach gouker and josh young. where he was found covered in blood. where he was found with face smashed in and teeth chipped. where he was found with his skull bashed open, his head and neck having been struck multiple times, maybe with a bat? maybe with a metal pipe? >> the prosecution painting a grisly picture for that jury there as the prosecution often does. joining me now, legal analyst beth karas and kerry pilter. thanks for being with me. beth, what evidence would you point to as a prosecutor showing josh young not only helped kill his stepbrother but possibly also actually killed him, too? >> you know, there isn't a lot of evidence here, but joshua young did speak to the police several times and the police

will use his statements which have been found admissible against him. there will be inconsistencies. but the critical witness is a cousin, a cousin to his father, also a joshua, who will testify against him and say that the young joshua, joshua young, awakened her in the night and said, i need you to help me get rid of some stuff. and she helped him or drove him to dump the murder weapon. a pipe or a bat or whatever it was, which was never recovered. the area they dumped it in, a dumpster, was never searched. she didn't believe her young cousin at first, but she will be a critical witness in his statements. but the weapon has never been recovered, there is no dna at the scene to link joshua young to this. however -- and his father says his son had nothing to do with it and that he sent his son as a decoy to the cousin to get rid of the bag while he, the father, got rid of the actual murder weapon. so, i mean, there may be a problem here for the

prosecution. >> as far as the defense goes, the defense seems to be putting all the blame on joshua young's mother, joshua gouker. let's listen to this. >> he was the fall guy. he was set up by his father to take the fall for this crime for something that his father did do. joshua is not guilty of murder. he's not guilty because he didn't do it. he wasn't there when it happened. >> courtney, this seems to be the key here. it was all the father's fault, says the defense. >> and that's the thing. i mean, you have a 15-year-old, joshua was 15 at the time, and clearly he has had a traumatic life up to that point. i think what the father was trying to do realistically is he was trying to manipulate joshua and the criminal justice system by having his son take the fall because he thought his son would

be tried as a juvenile and not suffer as much custody time, when in reality, that's not what the prosecutors chose to do. they chose to charge him as an adult which made the father come forward and take responsibility. so there are all sorts of questions in the air in regard to who did it, why it was done. and the cover-up, as beth mentioned, there were so many different stories. i think the prosecution will have a very difficult time proving that joshua had anything to do with this murder. i think what they're going to have is a lot of sympathy for this young, young child who was manipulated, who has had a terrible life and is only trying to do by his father what he wants his father to do for him, which is love him. and so it's a sad situation for sure. >> the jury will need to hear from the father to get the facts of the case, beth. but isn't there a risk for the prosecution in that by hearing from the father at all that he comes off as particularly unsympathetic and it may create sympathy for the son, joshua young? >> yes, indeed.

and, you know, keep in mind that if a jury does find that joshua young is not guilty, it doesn't mean he had nothing to do with it. it just means there are too many questions about exactly what happened and what his role is. and that's reasonable doubt. so jurors may find that they can't figure it out and they're not going to send this boy to prison for the rest of his life. >> beth karas, courtney pilsman, thank you so much for that. stay with us. we're going to talk about other top stories right now. a story we brought you yesterday about a gay woman who refused to testify against her wife in a murder trial. geneva case wants spousal privilege and she and her spouse entered into a civil union in vermont. but kentucky does not allow same-sex marriage and the judge could force case to testify. the judge said in a hearing yesterday that she wants to hear

from a former judge in kentucky before she makes a decision. police say michael madison killed three women and wrapped their bodies in plastic bags in east cleveland, ohio. he was indicted on monday on murder and kidnapping charges. bail is set at $6 million. coming up next here, part two of our keeping it honest series. clinical operators billing taxpayers for a bundle, and teenagers who don't need rehab at all. as you'll see, this is an investigation and it's getting results, next la's known definitely for its traffic, congestion, for it's smog. but there are a lot of people that do ride the bus. and now that the busses are running on natural gas, they don't throw out as much pollution to the earth. so i feel good. i feel like i'm doing my part to help out the environment.

. a one-year investigation by cnn and the center of investigative reporting is revealing widespread fraud in a program designed to help drug addicts. it's taxpayer-funded drug rehab in california known as drug medical which is part of the country's largest medicaid

program. our investigation found that unscrupulous operators bill the government for bogus clients, and they often get away from it. we uncovered how teens who live in group homes are used to milk the system, and how drug rehab centers investigated for fraud managed to stay in business. here's our investigative correspondent drew griffin. >> reporter: outside this drug rehab center in southern california, teenagers from a group home are dropped off. but according to former employees of the pomona alcohol and drug recovery center, many of the teens they saw come here over the years didn't have substance abuse problems at all. a one-year investigation by cnn and the center for investigative reporting found that the drug medi-cal program in california, which cost taxpayers more than half a billion dollars over the last six fiscal years, is rife with fraud and plagued with weak government oversight.

victoria byers says she was driven in a van every week in a group home in southern california. >> we used to do drug tests and we were sent to these classes that would teach us not to do ecstasy or not to do this drug or whatever. >> but byers, now 22 years old, thought it was strange because she didn't have a drug problem. >> i told them, why should i be here? i have no drug issue. but i had to go because all the other girls had to go and they couldn't leave me at the house by myself. >> we obtained these documents showing where she signed her name. that's a requirement allowing rehab centers to bill the state. and signatures meant money. the more signatures, the more the medi-cal system reimbursed the clinic. michael mergets remembers the trips to so cal services as well. now in college, he said he was also driven in a van to a

different group home. >> you never abused alcohol or prescription drugs or illicit drugs? >> not at all. >> so all the time you spent there, three years, was a waste of your time and a waste of taxpayers' money? >> yes. definitely. >> reporter: that doesn't surprise tamara scherer, a former manager and operator. she estimated that the teens didn't have a drug issue, so medi-cal made them up. >> it took a while to realize how deep a fraud was going on there. >> reporter: other whistle blowers came forward and claimed that so cal was committing fraud by labeling teens with fake addictions. riverside county officials said they didn't have a reasonable way to prove socal was making up addictions. but the county pulled the funds,

anyway, because so many of its clients were dropping out. that forced socal to shut down. but the other clinic in los angeles county, accused of similar practices, remains open. just last year, a county report on pomona alcohol and drug recovery center found significant and serious insufficiencies in the program. the operator of both clinics is a man named tim ajindu, who told the county his business is a pillar in our community. the fraud allegations? they came from disgruntled, fired, ex-employees. tim wouldn't tell us anything. >> i'm drew griffin with cnn. >> who are you? >> i just told you, i'm drew griffin with cnn. your former employees say you're billing for the county services you're not providing, sir. >> ajindu soon left without talking to us. mr. ajindu, if you're not lying,

why are you taking off? >> reporter: we found case after case of rehab centers like pomona with a history of problems that are still allowed to keep billing the state. tamara is a former counselor at pride health services who claims she was told to bill for clients she didn't actually see. did you have client lists? >> i had a client list, yes. when i first got there, they gave me about 20 folders, 20 folders of clients that they had. >> reporter: did you ever account for the 20 cases that you had in your folders? >> nope. i never could, because -- >> reporter: you couldn't find them? >> some were in jail. one was dead. >> reporter: dead? >> one was dead. and still listed as a client. >> reporter: she said she confronted godfrey and mcginney,

head of the center. >> i told him, i don't know how you expect me to bill for clients i don't have, and he said, how do you expect me to pay for these lights you have? she was then fired. >> reporter: do you feel it was throwing away taxpayers' money? >> yeah. >> that was 2009. they have found other deficiencies uncovering evidence of ghost clients. fraud documentation used for billing. a state auditor urged pride be shut down. not only did pride stay open, it got even more medi-cal money, more than a million dollars in a year. in its most recent investigation brought on by yet another employee accusing pride of billing for ghost clients, county investigators found the allegations unsubstantiated.

they couldn't prove it. but they did find the operation extremely troubling, discovering missing paperwork, signed and dated medical waivers with no client information, and missing treatment plans. despite that poor review, pride is staying open. if the county investigators couldn't find evidence of ghost patients, maybe they should do what we did. go there on a wednesday when they are closed for treatment but apparently still billing. we saw no one entering the center on wednesdays. >> we're going to go in. >> reporter: so we went in ourselves with hidden cameras. do you have rehab going on today? >> no. mondays, tuesdays, thursdays and fridays. >> reporter: not wednesdays? there is no group on wednesdays. today is wednesday. there is no group today. even though it's closed for rehab, pride has been billing

for clients on wednesdays as these records show, including 60 on the day we went in with hidden cameras and found no clients there. as for ed waginney, he told us two years ago that pride accepted responsibility for deficiencies. we went looking for ed waginney, seen in this police mug shot, relate to do an arrest in 2003. >> reporter: hi, cnn, how you doing? is godfrey in? >> he's actually not here at the moment. >> reporter: pride counselor marquita jones denied any wrongdoing. >> reporter: we want to talk about an investigation we're doing on ghost clients, billing the state and county for treatment that's not happening. do you know anything about that? >> no, i don't. that's not going on at this

office. >> reporter: godfrey has never asked you to sign a form saying all these patients come here? >> no, sir, he did not. >> reporter: and you do the counseling here. >> reporter: yes, sir, and i see live clients. >> reporter: as we waited for godfrey and waginney to show up, they called police. then abruptly shut down for the day. did he call back and say he's not coming? we never heard from anyone at pride health services again. drew's investigation continues tonight. you can watch rehab bracket on 360. you can also reach out by going to cnn.com/investigation. a 30-year-old man has a stroke. spends hours in a jail cell without treatment and later dies. what took so long and who is to blame? our legal panel weighs in, next.

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a florida man's death has cost the sheriff's office and the jail medical provider a million dollars. alan daniel hicks was arrested after his car crashed on the interstate. he had a stroke and was incoherent but police didn't realize that, and he was arrested for obstruct ag police officer when he didn't follow commands of getting out of his car. this shows a man who is clearly

in a medical condition on the floor. he was left in his cell for 36 hours. when he was taken to a hospital, it was too late. hicks was diagnosed with an ischemic stroke. we don't know if a new investigation has been launched but we did get a statement from armor correctional health services. they said they apply nationally recognized medical guidelines for individual situations, diagnoses and incidents. due to federal hipaa regulations, we can't comment specifically on the patient's case, nor can we comment on the specifics of the settlement matter. armor recognizes this is a very tragic incident. armor's philosophy is the patient always comes first, and accordingly will continue to challenge itself and its processes. beth karas, what does this say about the quality of medical

care in jails? armor correctional health services is still holding a contract here. how is that? >> it's so disturbing. this happened in may 2012, and the estate of hicks filed this lawsuit against many defendants. two so far have settled. armor correctional has settled for 800,000, and there's been another $200,000 payout by the sheriff's department, but there are still three defendants remaining and that's what we're talking about here. they haven't settled. is this going to end up going to trial? it's so disturbing that one of the officers on the scene admits that when this car, who had been called in as a possible drunk driver, was disabled on the side of the road and hicks was unresponsive, they thought he was drunk, they didn't smell any alcohol on him. he admits that. he actually had a stroke and was unable to move his left side and was incoherent. these officers and paramedics on the scene didn't detect this was a medical condition and he was thrown into a jail cell.

>> it does seem alarming. we weren't there so we didn't see it at that time, but that video is fairly alarming. it's surprising nobody realized this man was sick, having a stroke here. do police officers get training on detecting sickness or strokes? >> that's a great question, and when you conduct a dui investigation, there is a sheet you fill out, and one of the questions on a standard field sobriety dui sort of investigation, are you under the care of a doctor? do you have any medical conditions? and beth is right, this is disturbing. one of the first things you see officers always testify to in dui trials is there is an odor of an alcoholic beverage. they smell something at first. if you see this poor gentleman in kpcapacitated without any hi he was under the influence of any alcohol, you must get him to a hospital. it's ridiculous that paramedics couldn't figure it out. he's stuck on a jail cell on the floor. he's only able to use part of

his body. it's a colossal screwup by every kbl. >> courtney do you think the people who arrested him, could they face charges? >> you know, probably not. if it's anything it's negligence or incompetence. it's nothing criminal. it's offensive. it's sad that this gentleman had to suffer the way he did for no reason. people are incapacitated while driving. for them to completely miss it it's troubling. >> he was held for 36 hours on the floor there clearly in major distress. if a person doesn't follow the commands of a police officer can he be held for over a day on

those charges? >> it depends upon the jurisdiction and what's going on in the jail. we've never heard he was charged with anything. he didn't live so he was sent to a hospital within 36 hours. this calls into the question the privatization of our jails. there's a lot of positive reviews but a lot of negative ones from employees that have left the company. i don't want to dump too much on them. they have paid out their $800,000, their portion of the liability. other people are being sued. people do question whether or not there would have been better treatment if the county was running the jail. maybe not. >> tragic, tragic story. thank you so much. appreciate it. remember new york's mayor wanting to ban oversize sodas. a new court ruling says it

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a new tool for tracking criminals. they can trace your movements by following your cell phone use and they do not need a warrant to do it. a federal appeals court overturned a ruling that said data is protected by the fourth amendment. the u.s. supreme court may take

up this issue. big soda drinkers rejoice. when in new york you can still by the biggest sugary drink you can find. the attempt is illegal. the mayor says he will appeal. there was ban on extra large drinks to cut down on obesity. defying the odds he's reached his goal by living with cystic fibrosis. >> every day now chuck fox is beating the odds. >> when i was born, the average life expectancy was 18 years old. currently they estimate it to be 38 years old. last year i passed that. >> when he was born chuck's parents were determined to see

him thrive even though doctors said he may not survive. >> i have to wear this mechanical vest to help keep my lungs clear and help me breathe. i get hooked up to that and it's basically like doing physical therapy for your chest and lungs. >> he didn't allow the skepticism encourage his dreams of becoming a doctor and having family. >> it made me want to do it more. just prove i could do it. >> that's exactly what he did. dr. fox graduated from harvard medical school and he's been a practicing for eight years. he and his wife just celebrated their 15th wedding anniversary and proud parents of 11-year-old twins sydney and ben. >> i would say i'm the luckiest person i know. >> dr. sanjay gupta.

>> make an appointment to watch dr. gupta. thanks for watching. "around the world" starts after this break. mom, dad told me that cheerios is good for your heart, is that true? says here that cheerios has whole grain oats that can help remove some cholesterol, and that's heart healthy. ♪ [ dad ] jan?

more than 100,000 people have been killed since civil war broke out in syria but the president is all smiles. check out his new instagram account. black sand beaches are not meant to be that way. this is crude oil. the latest on the oil spill in thailand. that's coming up. the olympics are heading to russia but there's criticism over how the country is handling invitatio invitations. how a cerecently passed law targets gays and lesbians. happening right now a gunman has made an announcement. we're trying to figure out what it means. what happens is it was done on television and said the police and