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 its case. that was scheduled to begin wednesday, april 24. when court went into session that morning, another bomb shell. the defense rested, without calling a single witness. no medical experts. no clinic employees.