jack mcmahon told them the case was a prosecutorial lynching and referring to gosnell, quote this blackken because of who he is and where he works. mcmahon said gosnell's clinic had a lower than average complication rate and repeat business as well. and he said the prosecution was elitist. quote, they want to put myo clinayo clinic standards on a west philadelphia clinic. >> explosive charges. would the jury be convinced? fox news reporting continues after the break. ♪ ♪ [ male announcer ] from the way the bristles move to the way they clean, once you try an oral-b deep sweep power brush, you'll never go back to a regular manual brush. its three cleaning zones with dynamic power bristles reach between teeth with more brush movements to remove up to 100% more plaque than a regular manual brush. and even 76% more plaque than sonicare flexcare in hard to reach areas. oral-b deep sweep 5000 power brush. life opens up when you do. [ other merv ] welcome back to the cleaning games. [ merv ] mr. clean magic eraser extra power was three times faster on permanent marker. it looks like mr. clean

jack mcmahon thought his job was done. >> he called no witnesses.ery dramatic day in the courtroom when that happened. he stood up and said, defense rests. the reporters were shocked. i think he thought based on the across of the prosecution witnesses that would be enough and clearly it was not. >> kristen has done hard work covering the trial. >> don't let her go. one more question. grab her. >> come back! >> did the judge say when the sentencing phase or when this next phase of the trial will begin? >> he has not announced that. a week from today for the penalty phase. the prosecution and the jury is still under a gag order, so we cannot talk to the jurors yet because they have to hear the evidence about the death penalty. i believe it's going to be a week from today. >> thank you very much, kristen. shep, back to you. >> shepard: thank you, let's bring back in judge napolitano. a week from today. or at some point they'll begin -- that's a long time. >> it is a long time. normally these things start right away, perhaps the government needs more ti

. >> gosnell's lawyer jack mcmahon tried to undermine the prosecution case count by count.e painted some witnesses as disgruntled employees and suggested the prosecution used threats of the death penalty and long protesters i so prisot clinic workers to plead guilty to crimes they didn't commit. he said all of the babies were already dead or at left doomed because he had injected them with a drug to stop their hearts. ashley baldwin testified she heard baby e wine but no one testified to actually seeing gosnell kill the baby and he scored his biggest point during the testimony about baby boy b. baby the prosecution alleges who was born alive at 28 weeks and then killed by gosnell and placed in his is freezer. >> the defense attorney mr. mcmahon got up and he has a very like booming voice and he moved around and circled right in front of the jury to show that he wasn't afraid of the ed, that he had seen the photos, too, and he questioned the chief medical examiner and asked him can you say with a reasonable degree of medical certainty that this baby was born alive? and the w

gosnell's defense attorney jack mcmahon and where his focus is squarely at.ed on trying to save dr. gosnell's life. >> in that effort like many other capital cases there is more than likely a mitigation specialist working throughout the trial to find out all of the things that could save dr. gosnell's life should he become convicted. is this where this person is a star part of the process and do you know anything that they have that can mitigate for this doctor? >> reporter: know what is interesting? we never heard about a mitigation specialist in this case and i have to tell you why some high profile cases do have a mitigation specialist, we haven't heard or seen of that in this case. what we have heard is that perhaps, perhaps dr. gosnell may take the witness stand. he did not testify during the guilt phase. it is his right not to do so. the burden is always on the prosecution but his defense attorney jack mcmahon told me yesterday that certainly this is something they are considering and i also have had the opportunity to speak to people just from around d

gosnell's defense attorney, jack mcmahon, says he and his client do not believe there was enough evidence that any of the fetuses were murdered. >> state of mind as any intelligent human being would be at this point in time. he's disappointed and upset. >> reporter: but eight former employees who assisted gosnell, despite the fact they had no medical training, pleaded guilty to lesser charges and that they did see various signs of life before the babies were killed. gosnell was also found guilty of involuntary manslaughter in the death of 41-year-old karnamayar mongar, she was 19 weeks pregnant when she visited gosnell's clinic 2009. she died after receiving what prosecutors said was an overdose of anesthesia. gosnell's clinic served mostly poor women. after the facility was raided in 2010, photos showed unsafe and unsanitary conditions. the case has fueled arguments on both sides of the abortion debate. opponents of abortion rights say gosnell's practice was not an aberration and highlights the need, they say, for stricter regulation of abortion clinics. yet supporters of abortion rights

i recently spoke with gosnell attorney jack mcmahon., couple, after the verdict came in you were complimentary to the jury so i guess you are convinced your client was guilty. >> no. i was complimentary to the jury because they did their service. they worked hard, two and a half months, to weeks of deliberations, they came in as civic duty and they did their duty and they were con sen shut. >> they must have made a right decision or you would have criticized them for making the wrong decision, right? >> no. that's not true at all. i don't -- i don't criticize the decision that they make because whatever they make is the right decision. that's the verdict, that's the nature of the verdict in a criminal case. >> do you believe that your client was guilty? >> i don't believe that the commonwealth established that the three fetuses, infants were born alive. that was our argument all the way through. i believe that. i think that you have to remember these were injected with a legal drug in uterond that the purpose of that is to cause fetal d

gosnell's defense attorney jack mcmahon specifically mentioned the fox news special see no evil that aired this weekend outlining the history of gosnell as west philadelphia clinic. asked if they this seen it. >> the judge asked the question. apparently no one had heard it, so he we will move on. a police source who had worked on this case from the beginning thinks prosecutors should be encouraged that should be answered about the murder question. it could decided that gosnell is guilty of something but not specifically just what they think he is guilty of. his attorney says not so. but the questions from the jury this morning are typical of those he has seen from juries in his 35 years in practice. his client will be found not guilty. bret? >> bret: shawn none bream live in philadelphia. on the lookout for that verdict. the dow lost 5. s&p 500 was up three. nasdaq gained 14 today. next, house arrest. one of the suspects in the boston bombing investigation is released from jail. like i was walking on hot coals to like a thousand bees that were just stinging my feet. i have a great re

gosnell's attorney, jack mcmahon. mr. mcmahon, thanks for joining us. were you surprised by the verdict? >> i mean, we were disappointed. we put on a vigorous defense. we think it went well for us in the courtroom. but the jury spoke, and we respect the jury's verdict. i mean, there was -- it started with eight murder kaubt counts in this case and five of them were not guilty, three were guilty. obviously the jury took their job very seriously. they were conscientious. it was an emotional case, and i respect their verdict. they worked very, very hard. the prosecution worked hard. the defense worked hard. and the jury worked hard. that's our system and that's the way it goes. >> obviously he was not found guilty of everything xharged with, but it was pretty close. it was a prosecution sweep. do you intend on appealing? >> well, it's too early to tell right now. we still have a penalty phase scheduled for next tuesday. before that goes on, i really wouldn't comment on that. >> do you think that the odds are dr. gosnell may get the death penalty? >> again,

for it is worth noting when jack mcmahon gosnell's defense lawyer stood up to speak the press sectionthe courtroom was packed. fox news editor at large peter boyer was there. >> gosnell's attorney asserted once again, that it was an elitist and racist prosecution. he said that his client had been singled out because he was an of a concern american pro providing abortion services in an urban community. >> he did more than play the race card. >> the attorney told the jury you are not here to decide whether or not abortion is pretty, it is not pretty. it is bloody. it is real. >> it was almost like the jack nicholson scene in "a few good men." i'm providing services to poor people and you can't handle the truth. >> the prosecution pain stakingly went through its case against gosnell one more time. more than 150 criminal don'ts. racketeering. performing abortions without a waiting period. performing illegal late term abortions. third-degree murder of carnaya and in the deaths of baby boy a and babies c, d and e, four counts of murder in the first-degree. a grim cat that log of innocent li

for it is worth noting when jack mcmahon gosnell's defense lawyer stood up to speak the press sectionf the courtroom was packed. fox news editor at large peter boyer was there. >> gosnell's attorney asserted once again, that it was an elitist and racist prosecution. he said that his client had been singled out because he was an of a concern american pro providing abortion services in an urban community. >> he did more than play the race card. >> the attorney told the jury you are not here to decide whether or not abortion is pretty, it is not pretty. it is bloody. it is real. >> it was almost like the jack nicholson scene in "a few good men." i'm providing services to poor people and you can't handle the truth. >> the prosecution pain stakingly went through its case against gosnell one more time. more than 150 criminal don'ts. racketeering. performing abortions without a waiting period. performing illegal late term abortions. third-degree murder of carnaya and in the deaths of baby boy a and babies c, d and e, four counts of murder in the first-degree. a grim cat that log of innocent

. >> gosnell's attorney jack mcmahon says quote no one was cheering for his client and likened the defense' effort to sammon trying to swim upstream. >> am i disappointed, yes. am i testimony glad the jury gave us a fair shot? yes. >> distancing themselves from gosnell and attempting to cast blame on laws restricting abortion and deteriorating to the way they did gosnell's clinic. eric fer ferraro said the case has made clear that me must have and enforce laws though protected access to safe abortion. limit -- marlin stutzman, who wrote a last piece last week for "the washington times" revealing that his mother considered having an abortion while pregnant with him. gosnell case should be a wakeup call for better supervision of abortion clinics. >> i think we should have some sort of government oversight. some congressionalover sight that actually looks not only at this particular clinic but brings attention to these sorts of clinics that may potentially be operating anywhere else. priest for life added the guilty verdict shows that the law recognizes a point at which the right to choose mu

the defense attorney jack mcmahon is legendary here in philadelphia. he certainly cross examined the witnesses very vigorously. he gave what many consider to be a game-changing closing argument but i think in a death penalty case, certainly jurors want to hear from someone, whether it be the defendant himself or herself or perhaps an expert. i think they want to hear the defense give some sort of explanation, some sort of story, and they didn't get that. >> they had already heard from a lot of people who actually worked for this doctor who had already admitted to crimes so what are the range of options now available? the sentencing phase starts next tuesday. >> that's right. it starts next tuesday. this is really the death penalty phase, anderson, and so they're going to hear aggravating factors and mitigating factors and they will decide whether or not they believe dr. gosnell should get the death penalty or whether or not his life should be spared. it's very clear, though, from the counts and all the charges that even if he doesn't get the death pena