0 know what happened to this particular video what is going on there. clearly you see the yellow lamborghini out front and a red ferrari behind it and police cars after that. there is a new video. we'll be playing it for you on chooj on cnn. i'm don lemon. thanks for watching. "ac 360" starts right now. good evening, everyone. i'm john berman sitting in for anderson. tonight her case divides opinion, her story can break your heart. now a court decides the fate of a brain-dead woman being kept on life support against her and her family's wishes because she's pregnant. also tonight, new threats to the olympics. a new warning to americans and new word on plans to mount a military response if worse comes to worse. and later, this is just in. dramatic new video of the kind of driving that landed justin bieber in police custody. there's that. we have extreme surfer laird hamilton and a real-life exorcist and more. don't get to say that often. but we are going to begin in texas where a judge has ruled in the case of marlise munoz. she is brain-dead. and her family says she never wanted to be kept on machines like this. but because she is pregnant, the hospital has kept her on a ventilator. late today her husband asked a court for permission to disconnect the machine and the judge said yes. ed lavendera joins us now from dallas with what was said in the courtroom and what went into this ruling. e ed. >> reporter: well, john, it was an incredibly emotional experience for eric munoz and the parents of marlise munoz. after the arguments to the judge they were sobbing intensely, waiting for the judge to come back with his ruling. when the judge ruled in their favor, they continued the crying. eric munoz so emotional he could not even speak to reporters as he left the courthouse this afternoon. but essentially what the judge has ordered is for john peter smith hospital here in ft. worth to declare marlise munoz dead and to turn over the body to eric munoz and her family by 5:00 p.m. central time on monday afternoon this. would give some time for attorneys for the hospital, john peter smith hospital, to file some sort of appeal. at this point we have reached out to the hospital and lawyers representing the hospital. so far they are not making any comments. so it's not clear if the hospital will try to appeal this ruling or just simply move on. >> ed, we've heard for some time about the family and their wishes. the family has claimed for some time that marlise was brain-dead. so did the hospital's attorneys explain their rationale for keeping her on these machines for so long? >> reporter: this has been part of the emotional part for this family. all along we've only been able to hear from the munoz family who said that marlise was brain-dead and the fetus isn't viable. part of what made today so emotional today the hospital acknowledged she is brain-dead. there is no chance she would have ever been saved at any point, and the condition of the fetus is simply not viable. there is no way this fetus would survive on its own. it was rather graphic and gruesome testimony to hear the conditions of not only marlise munoz but the fetus as well. the hospital says they had no case law, no legislative history, anything to rely on. they say they were following the statute which they believe was intended to protect the life of the unborn. and lawyers say that had the law said that all of this would have been terminated if the patient or the woman were to be dead, then they would have followed that. but because the law specifically didn't have those words, they followed down this path. >> they were look for some kind of legal clarification. the question is did they get it, ed lavendara, thanks so much. this raises so many questions. it is time for equal justice now. reaction from our legal team. sonny hostin and mark geragos two legal professionals who do not see eye to eye on this one and dr. sanjay gupta. sonny, you said last night on this program that the issue were the rights of the fetus. the judge didn't say anything about the fetus here. he was talking about marlise, the woman here. and he said the issue here is simply settled by the fact that the hospital says she's brain-dead. >> yeah. and i think this was a real missed opportunity for this judge and for the court. i've said all along when looking at this case, the law is unclear. the law is murky. that's what you heard from the hospital's lawyers. there is no legislative history, because i looked for it. i researched to find out debate on the legislative floor. why did they put this in? there is no definition as to whether or not the intent, the legislative intertent intent is to protect the second patient the child. we're still in the same place, john. this happened in 1999 in texas and the judge also found that brain-dead woman was dead and that the fetus didn't have a e fetal heartbeat and the judge ruled she should be unplugged. you have the situation now just happening again in 2014. and we just don't have any guidance, any clarity. and it's just -- i think it's heart breaking, i think it's tragic. we're going to see this case again and again and again in texas. >> mark, you're shaking your head here. let me put this to you. not only did the judge agree with the family and now apparently the hospital that marlise is brain-dead but that the hospital also said something which frankly surprised me. they came out and agreed that the fetus wasn't viable. and it made me wonder, what has everyone been fighting about then for the last few weeks? >> well, john, if you've been watching the show, i've been saying for every show that we've been on that this was just -- and i'll let sanjay talk about the science -- but this was just outrageous what happened here. there was no chance whatsoever. and this idea that sonny who she may not often be right but she's never wrong. >> oh, thanks, geragos. >> who doesn't quite understand that this was crystal clear. the statute is crystal clear. >> it is not. all the lawyers for the hospital were unclear. >> the lawyers for the hospital -- let me explain something to you, sonny. if i were the lawyers for this young man who had to sit and watch his dead wife there, i would turn around and sue this hospital for intentional inflection of emotional distress. >> that's ridiculous. >> this statute, you don't need to go a basic rule of statutory construction is you do not need to go to legislative history if the statute is clear. the statute was clear on its face. >> it was not clear on its face. >> keep yelling, sonny. it doesn't do you any good. you lost. you were wrong at every turn. this was outrageous what they were doing with this woman. and obviously and sanjay can back me up, there was no way that this fetus was viable at any point. and the state had no business doing what they did. >> we don't even know what this means. >> let me try to get a little bit of science in here with sanjay. sanjay, the judge agreed now with the hospital and the family that marlise was brain-dead and legally speaking in texas in many states, most states in the u.s., brain-dead is dead. but again now the hospital and the family are both saying the fetus was not viable. when do you imagine they were able to make that determination? and what went into it? >> well, i read the documents pretty carefully. let me say it's interesting the way they've worded this. they say that at the time of this hearing the fetus is not viable. and we actually already knew that, because fetuses typically do not become viable until about 23 or 24 weeks. so it was unclear from the documents were they saying this fetus is not viable or would never be viable? that just isn't that clear. as far as never being viable, they can do tests. they can look if there's a catastrophic heart problem or catastrophic problem within the brain they can say there is no way this fetus will ever be able to live outside of the womb. and that's what that means. but again, it was a little bit unclear. but i think again to mark's point, reading ruling here, they say you cannot provide life-sustaining treatment to someone who is dead. and this woman is dead. and that's really where the judge sort of came down on this. >> and i want to also add to this -- >> hang on. i want to make this point. >> sonny go ahead. >> when you look at the one-page order what the judge said i'm also not ruling on the constitutionality of the law. and then i feel like we're in sort of stage one again. because it is unclear, the constitutionality is unclear. >> the judge did say brain-dead is did here. that seems to provide some clarity. do you think the hospital will appeal? do you see any grounds for appeal? >> you know, i think there are grounds for appeal. because one, i don't think that the judge addressed some of the really important issues here, which is viability, because we don't know what the court determined. >> you don't need, to sonny. >> i also think that again this law is so unclear and open to interpretation that we're going to see this same tragic situation again, mark, just like we saw in 1999. and the judge needed to provide clarity and failed to do so. a missed opportunity. >> the judge gave clarity. he didn't have to write an extensive opinion. because other than you, sonny, and a couple of other people who apparently can't read the english language -- >> a lot of other lawyers for the hospital. >> the lawyers for the hospital were getting paid because the hospital is billing away and is going to -- they may appeal because are going to continue to bill away. >> oh, come on. >> we heard last night that the billing department said are going to engage in the normal course of trying to collect moneys in this case. >> the hospital was unclear as to what the law was and continued to try to follow the law. >> this has nothing to do -- >> it's not about money. >> it's all about money. >> i want to give sanjay the last word here. sanjay, medically speaking -- >> this is such an important point. i think people -- this idea of brain death somehow being co-mingled or confused with things like coma or vegetative state is not only a problem, it's potentially dangerous. this to me was pretty clear. and i think to the doctors who were even caring for this patient, marlise, it was clear to them as well. you can't provide life-sustaining treatment to someone who is dead. and i think the term brain death -- >> what about the fetus? >> the patient is this woman who is brain-dead. and maybe the term brain death itself has just become a bad term. it's just confused people too much. it's confusing. >> we should just say the person is dead. >> what about the fetus? >> the situation is this. monday at 5:00 the judge has ruled that the ventilator can be removed. we will wait until then to find out if the hospital issues any appeal. dr. sanjay gupta, sonny hoss that, mark geragos appreciate it. they might have been the president and first lady under a different scenario. now they are co-defendants. we will look at the shopping list of corruption charges against virginia's former first couple and the lavish, lavish gifts they received. later, after the rant and the racist tweets about the rant, the truth of what he said to his on-field opponent and the story of his straight a life. there is yet another twist in the richard sherman story that yes, people will be talking about. stay with us. ♪ [ male announcer ] what kind of energy is so abundant, it can help provide the power for all this? 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