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Guilty to crimes they didn't commit. >> he said all of the babies gosnell was charged with killing were already dead or at best doomed because he injected them with a drug to stop their hearts. he scored his biggest point during the testimony about baby boy b. a baby the prosecution alleges who was born alive at 28 weeks then killed by gosnell and placed in his freezer. >> the defense attorney mr. mcmahon got up and he has a very booming voice and he moved around and circled right in front of the jury to show he wasn't afraid of the photos and questioned the chief medical examiner, can you say...

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 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 ...

Of the hour but they're in chambers discussing what to do about juror number five. what happened was they were in chambers talking to jurors last week and it came up juror number five said something to multiple jurors about the case. that triggered this defense motion for a mistrial. also in the motion, they said that they would be happy if they would just get rid of juror number five, if the judge would get rid of juror number five, that's lookly where this will go. we'll find out in the next few minutes presumably as they're talking about it in chambers. >> if they get rid of the juror is it...

An inch of snow in chicago this year, if you can believe it. >> we haven't seen much in new york. >> no. it is out west where the ski slopes are. jon: i would like that but would like a little more snow if you could deliver it. >> it is still wintertime. jon: janice dean, thank you. >> thank you. jenna: we have breaking news from centennial, colorado, where the court is for this case for the aurora movie massacre. there is the live shot there. the judge granting a defense motion to delay the a rainment of james holmes until march after ruling there is enough evidence to put him on trial. holme...

Saying no." ." ed pilkington. he's been covering the trial and zachary iskole. he's a former marine. great to have all of you here. let's start with the manning cause base -- case because i think it's the hardest case, the place where the rubber hits the road most intensely about how we feel about this cluster of issues. you just got back from covering the case. what happened this week? we heard from bradley manning for the first time in two years, is that right? >> yes. we heard from him verbally for the first time in two years. he was called by the defense in a defense motion which is trying...