mr. mcmahon got up and he has a very like booming voice and he moved around and circled right in front ofhe 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 witness said no, i cannot. >> bret: with that testimony on a defense motion, the judge himself acquitted gosnell of the murder of baby boy b. he also threw out the murder charges relating to babies f and g. the judge didn't explain his ruling, but fox news medical expert dr. mark siegel says the judge is wrong if he based it on the fact that the the babies had been observed moving but not necessarily breathing. >> there might be some debate about whether life begins at conception. what there is no debate about, if a baby is born and you need to use a respirator to get the baby breathing that is life. a viable life. >> bret: either way the defense had knocked out three of the seven capital murder charges against gosnell before it even began presenting

mr. mcmahon got up and he has a very booming voice and he moved around and circled right in front of then't afraid of the photos and questioned the chief medical examiner, can you say with a reasonable degree of medical certainty that this baby was born alive? the wents said no i cannot. >> with that testimony on a defense motion the judge himself acquitted gosnell of the murder of baby boy b. he also through out the murder charges relating to babies f and g. the judge did not explain his ruling but fox news medical expert dr. mark seigel says the judge is wrong if he based the ruling on the fact that those babies had been observed moving but not necessarily moving. >> there may be debate wherether life begins at conception. there's no doubt if a baby is boeed to use a resperate tore to keep breathing that's life. >> they knocked out 7 of 3 of the 7 murder charges before they began their case that was scheduled to begin wednesday april 24th. when court went into session that morning another bombshell. the defense rested without calling a single witness. no medical experts, no clinic empl

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, there's a gag order as far as the -- i can talk about generalities

mr. mcmahon got up and he has a very like booming voice and he moved around and circled right in front of jury to show that he wasn't afraid of the evidence and he had seen the photos too and questioned the chief medical examiner and asked him can you say with a reasonable degree of medal certainty that this baby was born alive. and the witness said no, i cannot. >> bret: with that testimony, on a defense motion, the judge himself acquitted gosnell of the murder of baby boy b. he also threw out the murder charges relating to babies f and g. the judge did not explain his ruling but fox news medical expert dr. mark siegel says the judge is wrong if he based his ruling on the fact that the babies had been observed moving but not necessarily breathing. >> there may be some debate about whether life begins at inception but what there is no debate about. if a baby is born and you need to use a respirator to get that baby breatheing that is a a viable life. >> bret: either way the defense had knocked out three of the seven capital murder charges against gosnell before it even began presenting it

mr. mcmahon got up and he has a very like booming voice and he moved around and circled right in front ofhe jury to show that he wasn't afraid of the evidence and he had seen the photos too and questioned the chief medical examiner and asked him can you say with a reasonable degree of medal certainty that this baby was born alive. and the witness said no, i cannot. >> bret: with that testimony, on a defense motion, the judge himself acquitted gosnell of the murder of baby boy b. he also threw out the murder charges relating to babies f and g. the judge did not explain his ruling but fox news medical expert dr. mark siegel says the judge is wrong if he based his ruling on the fact that the babies had been observed moving but not necessarily breathing. >> there may be some debate about whether life begins at inception but what there is no debate about. if a baby is born and you need to use a respirator to get that baby breatheing that is a a viable life. >> bret: either way the defense had knocked out three of the seven capital murder charges against gosnell before it even began presenting

mr. mcmahon said potentially we will have a penalty phase there may still be some plea discussions in the have left now is, we'll take life in prison, and if you're the prosecutors here, would you entertain such a matter? >> well, no. no. i think they've got their case. they run the risk of losing on the penalty phase. in pennsylvania we have 18 aggravating factors, eight mitigating factors. i was looking at them quickly and temperatures gosnell falls into at least three. so there's going to be an interesting case when it gets into the penalty phase. >> if it does. i noticed those words and found them interesting as well. continuing coverage in just a moment. i mentioned this new information on the irs targeting conservative groups. the president's news conference, which included matters of benghazi -- and we'll get to that as we can after this. [ male announcer ] eligible for medicare? that's a good thing, but it doesn't cover everything. only about 80% of your part b medical expenses. the rest is up to you. so consider an aarp medicare supplement insurance plan, insured by unitedhealthc