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tv   Legal View With Ashleigh Banfield  CNN  May 13, 2015 9:00am-10:01am PDT

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right now as investigators work that horrific crash scene. the mangled metal right there. we're going to have much more. cnn's live special coverage of this train derailment begins right now with "legal view" and ashleigh banfield. >> this is cnn breaking news. >> hey, everybody. i'm ashleigh banfield. welcome to our breaking news here on "legal view." it's been more than 14 hours since a horrifying crash op the busiest rail line in north america and the effects of this disaster are much more apparent than the cause is. yet. chief among those affects the human toll. six people from the 243 on board an amtrak train that was bound from washington, d.c., to new york city, those people dieing from their injuries sustained. their names not released but we do know that one of them was a midshipman at the u.s. naval
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academy in maryland. his name, too, at this point being withheld. the academy says he was on his way home to visit family. more than 200 people have been treated at various hospitals, many of them have been released, but at this hour, eight of them are still in critical condition we are told. all seven cars from amtrak's northeast regional train number 188 along with the engine derailed from those tracks creating what philadelphia's mayor calls an absolute disastrous mess. want to take you inside one of those tussled and mangled cars by a cell phone individual on instagram. >> come on, man. >> i got you, okay. keep calling, okay. >> crawl forward, sir. >> keep crawling. >> it goes without saying that no trains at this point are moving in this corridor between
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philadelphia and new york for the foreseeable future. that brings an absolute mess of a different kind for so many millions of travelers. on a normal day, three times as many people travel this route on amtrak as on airplanes. my colleague aaron mclaughlin joins me live from the location. one of the most important issues of the story before we go further is, are there still people on board those mangled cars? do we know anything more? >> absolutely, ashashleigh. what authorities are saying in the press conference that happened a short while ago, they don't know how many are potentially unaccounted for right now. that's because of the nature of the way people board trains. there's a train manifest, they have that, but they're not sure if everyone who's on that manifest actually boarded the train. they're also trying to cross-check hospital records as well. they said it's a detailed, very meticulous process that will take them some time. >> of course this was just after
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a station so whom ever boarded at that station may not have been swiped in electronically, maybe that person missed the train, maybe that person may have been treated, walked away from a hospital, maybe never got to a hospital. >> that's one of the primary things that authorities say they're trying to get to the bottom of. >> so what did the mayor say effectively? one of the first things that stands out how little information we know? >> right now the focus is very much on this investigation. we know seven representatives from the ntsb arrived at the small hours of this morning, more on their way, and they're looking at any number of factors from the conditions of the tracks to the equipment to human performance. we know that they're interviewing the train conductor. the train conductor was injured, we understand. he was treated at a medical facility and police are questioning him now. they're also looking at the black box, that very important recorder that is on the train. they're analyzing it right now. they hope to have the results by the end of the afternoon. we also understand there was a
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camera on the front of the train as well. that hopefully will give them a clearer picture as to how this happened. >> that's one of the most fascinating issues is that they mentioned the event recorders, one of them, they talked about being this camera and whether they release it publicly or not. hopefully provide help to them. we were both watching as the mayor gathered with so many different agencies that are involved and it was interesting, not only with the mayor saying it's amazing how much we don't know, but he certainly did tells us exactly where they're going. have a listen to this. >> whatever is comparable as we know it, often referred to as a black box, that has been recovered, it is now in the amtrak operations center in delaware, for analysis. we have no information from that particular device at all because it is currently being analyzed by the experts. >> so interesting to hear them talk about all of the different factors at this point ta could play into this. the speed, the brake, the
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throttle, the horn and the bell also being an issue they need to investigate. >> absolutely. authorities are saying right now, one of the main focuses is on that black box we just heard the mayor talk about. again, they're hoping for a successful download of all that data by the end of the afternoon so they can come out and give us more information hopefully. >> doing the live work for us here on-site. i want to call in a former member of the national transportation safety board, john, who knows a thing or two about how you tackle what has been called just an extreme mess here. john, can you hear me okay? >> yes, i can. >> all right. john, it's very hard for reporters here. there are dozens upon dozens of us here to get a beat on this. i myself got a chance to go up right to the track level, right before that bend, and look i'm no investigator but it seemed like things were pretty clear going into that bend. from an investigator's standpoint where do you begin when you come upon the scene like this and daylight breaks? where do we begin to find out how this happened and whether
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there are still people who are trapped? >> well, of course,s the rescue and recovery belongs to the jurisdiction and the coroner's. the ntsb's role is secondary to them until the site is declared clear. even while they're still recovering passengers or rescuing or recovering remains, the ntsb people are working. they'll be walkings the track looking for obvious signs of problems, looking at the wheels on the overturned trains, looking for any of the obvious events that have occurred in previous accidents just to get a handle on where they're going to attack the problem, finding a cause later on in the day and days to come. so the preliminary walk-through, in fact, member sumwalt mentioned they did a detailed walk through the accident site with their investigators just looking at the essentially lay of the land to try to map out what they're going to try to do next. the recorders are going to help
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them map out that future work as well because if the train was traveling at an excessive speed, that will turn the direction of the investigation in one direction. if the train wasn't operating in excessive speed then they're going to be focusing on the other factors like tracks and wheels to see the -- see if they can determine a cause. >> yeah. yeah. as erin just reported, that's going to take until we're told by the ntsb this afternoon where they will be able to download that information from the black box that was retrieved. my question is, since we still don't have an accurate account of who just might be missing and who might still be in that wreckage, does the ntsb, at least, are you on the site? would the investigators be working at least in the background watching as they try to get through some of this tangled wreckage, perhaps cutting iron and changing the integri integrity of the way this forensic scene exists right now?
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>> of course they are. you saw the pictures of the cranes being brought in. there will be an ntsb person right there watching all those events unfold and actually, depending upon what happens, might actually stop the lifting or -- since there's to clear-cut person trapped there, if it would, it would change everything. if they're just lifting the car, the ntsb folks will be there to watch that and to see what pieces and any obvious damage that may indicate track failure, for example. >> yeah. what -- at this point, how much information would we be able to clean from that forward-facing camera that we just learned of in this latest news conference? >> of course the camera will have a pretty clear shot of the tracks. 9:00 at night it wasn't exactly bright and sunny, so there will be some limitation on it, but it's clearly going to tell us the signals if they were
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working, it's going to tell us if there was a broken rail, obviously broken rail, you know, that will be difficult but it is possible, or if the tracks were fouled which means there's something laying across the tracks that doesn't belong there. so there are some clues that will come from the individual camera even though it's nighttime. >> john, i know every incident is different and i can't begin to even put this on the scale of other train disasters, but do you have any idea how long it could take these investigators and of course the recovery teams to be able to do their work and then ultimately return this extraordinarily busy corridor to regular service? >> once all the victims are recovered from the wreckage and the ntsb does their preliminary work, the track could be released tomorrow morning. now what that means is, amtrak will have these crews that will
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come in to pick up all these cars, move them out of the way, pick up the track. they are very, very efficient at what they do. they could have this track back in service in a couple of days easily. it may not be up to, you know -- when you replace track you restrict the speed on it for a period of time. it pay not be the fastest track in the world but they'll have it back in a couple days after it's released, which should be probably tomorrow. >> which is fascinating. given the fact that this is the busiest corridor in the country, the northeast corridor, for travel. thank you for your time. thank you for your insight. we appreciate it. >> thank you for having me. just within the past couple minutes the president actually has weighed in, president obama, saying in his words now, this is a tragedy that touches us all. i want to read a little bit more of his written statement if you'll permit pep. along with americans across our country, michele and i are -- we're shocked and deep lly
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saddened to hear the derailment aboard amtrak 188. philadelphia is known as the city of brotherly love and city of neighbors and that spirit of loving kindness was reait firmed last night as hundreds of first responders and passengers lent a hand to their fellow human beings in need. again, that from the president of the united states. coming up next we're going to hear directly from those who were on board. the survivors of this terrible train crash.
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welcome back to our breaking news coverage here in philadelphia of the train derailment. i have news i want to bring you from washington, d.c., this is from one of our senators. in fact, the democratic senator from new jersey, bob menendez releasing a statement about the crash and saying it is personal. i'm going to explain why. quote, this hits he specially close to home. there was a period of time last night when i didn't foe the
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whereabouts of my son who was scheduled to be on an amtrak back to new jersey and later found out that he was on the next train and safe. unfortunately, many new jersey families this morning aren't as fortunate as they searched for loved ones and answers, that coming from senator bob menendez saying his son was scheduled to be on a train and ended up on the next one after this crashed train. you probably heard by now, six people dead, that's the count right now. but we are awaiting to find out about those that aren't accounted for. 200 other people were hurt after this train derailed right after a stop in philadelphia. crash investigators have told us they have retrieved that all-important black box an that hopefully that's going to help them find out what caused this train engine and all seven of its cars to leave the tracks. people who lived through this disaster are still understandably shaken up. i want you to watch this. this is what first responders saw and heard when they first
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arrived on the scene. >> keep crawling, okay. >> where am i crawling to? >> craw forward, sir. keep crawling. >> luckily like i'm still here, i'm still walking. i got really lucky, so i figured i would do my best to help because i saw everyone, i could see the blood on people's faces. they can't move. >> we had to actually climb out the top of the window to get out. there was people next to me, a woman was stuck underneath some seats, helping another woman out who was there. i mean some people were helping. some people were looking for the exits. >> we were just on the train and all of a sudden it started to shake and we were in the front seat and this huge red suitcase just came flying at me. our train was actually on its side, so it pushed me on to the side of the train. >> it is a level 3 mass casualty
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incident which means that 18 medic units were brought on scene. >> and we are live at the location where those survivors end up just behind me is the scene of that derailment and on the phone with me, one of the passengers who survived. a woman named janna. can you hear me? >> yes, i can hear you. >> janna, can you walk through for me what your experience was before that crash happened and just take me through it as you remember it? >> sure. i was in the second to last car sitting on the right side of the train in an aisle seat. i was reading my book, and everything seemed to be normal. i didn't notice that anything was unusual until it felt like we were speeding up around the curve. i'm not sure if we were actually going around a curve or if maybe
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we were experiencing whiplash since the other cars in front of us were derailing a at the time. but you could feel a jolt and it was immediately obvious that we had derailed to the right of the tracks. so people were screaming. we were thrown to the right side of the train, so i was squished against the girl in the window seat next to me and people on the other side of the aisle started it falling on top of us and above us too the luggage rack because the train had started to tilt in that direction. so someone's leg hit the side of my head and i just kind of held on to the leg and tried to duck down and take cover if i could, just sort of praying that the train would stop. we had a lot of forward momentum, so we were going for quite a while. i didn't know if we were going to flip over or if glass was going to start to break as we hit the ground, but thank god we
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never hit our side. we ended in a tilt. the train finally stopped. it was a lot of smoke or maybe what was dust in the air, and everyone was slowly getting up very shaken, screaming, saying are you okay, are you okay? i could tell right away i was okay, i wasn't injured, so i was checking on everybody near me. there was luggage everywhere. the seats on the other side of the aisle became dislodged. i don't know if they can spin, but some of them were intruding on the center aisle and there were people on the floor. you couldn't tell if they were hurt or they just had been thrown. so looking around, i heard a loud banging noise coming from where i knew the bathrooms were, so i was stepping around people and over luggage trying to get to this bathroom.
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i was really dizzy, but i knew i was okay and i wanted to help this person so i could hear a man inside. he said that the door wouldn't open. he had tried to unlock the lock but the metal must have been bent. so i was pulling on it frantically. i told him i couldn't get it open, but hold on. i looked for help and i would be back. so i went a little further to the point where the last car and the second to last car meet where i knew there would be an exit. there was somebody from the last car who had found a really large hammer and was trying to open the door over there. i got his attention and he followed me to the bathroom and he started banging. i left to go back to my seat but i saw later that the bathroom door was open so that man was able to get out. when i got back to my seat i was disoriented but just trying to help people get up around me, people who were pinned under seats and then eventually i was
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thinking, why are we on this train? we should get off. i was able to find my bag a few rows ahead of us and get my cell phone to contact my fiance and as i was heading towards the real of the train, i was told to hang on for a moment. there was a man in the last car who identified as a police officer, his name was mike, he was a passenger on the train, and he told us it might not be safe to go on to the tracks yet because i guess the voltage running through the rails or there were some downed electrical wires around us as well, so i found a girl in distress, she was younger than me, having i think a panic attack. she wasn't injured. her shoulder was bothering her but she was shaking really badly. so i became her buddy. i tried to calm her down. there were people around me with blood on them.
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there was blood splattered places. one girl broke her nose and had blood splattered all down her front but she seemed to be able to walk so he wshe was okay. eventually i think there was an amtrak crew member who told us to exit out of the rear of the last car. and there were other passengers helping people down from the car so we moved away from the tracks and we could hear sirens of the first responders coming. it didn't take that long for them to get there. but, you know, everyone was just kind of trying to help the people who were injured who had blood coming out of their heads, their noses, helping to sift down in the dirt away from the rails and helping people who were just really emotionally shaken as well. it was one man andrew helping everybody off the train and he didn't have any shoes on because he had been lounging comfortably without his shoes when the derailment occurred. >> oh, my gosh.
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>> this poor man for the rest of the night was stepping on rocks without any shoes on, but he was -- >> probably a lot of debris. >> helping people off the train even though his back was bothering him. other passengers were really helpful to those who needed it. we waited by the side of the tracks until first responders came and there were so many of them, which was wonderful. they attended immediately to those who had head injuries and other injuries. we waited by the side of the tracks for the quite a while. we weren't sure where to go. they were trying to move us away from the live wires so that nobody would get hurt. eventually i think they cut a fence on the other side of the tracks and they had us walk over there carefully. so i stuck with my buddy, this girl who was emotionally shaken, and we made our way to the street where there were lots of ambulances and fire trucks.
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we were there for hours being corralled and there were people coming out of their homes to help us. really lovely people offering us bottles of water. their cell phones. someone had lost a cell phone and needed to contact a loved one. they were saying we could go inside their house and rest if we needed to. just really wonderful people. and we were definitely not in a nice part of town. it was -- it was a little scary around there. i didn't want to leave, not knowing where i was going, thinking that as long as i stay with the first responders and the other train passengers, i'll be safe. and they took a lot of people to the hospital. we waited not knowing where to go. i was hoping someone from amtrak would show up and tell us, we have coach busses for you to take you home to new york which
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is where we wanted to go. we just wanted to be home. eventually we were taken to a school, an elementary school, and there i met up with or i was already with two men from new york who had the idea of taking a an uber car back to the city and thank god an angel of a driver actually ended up doing that, took us all the way back to new york city. i ended up getting back to my apartment at 2:15 in the morning. >> well, i am so thankful that you're okay and i am so appreciative of your extraordinarily thorough description of that scene. i think that may be the most comprehensive account i have heard until now. again, i wish we could meet under different circumstances but thank for your time and telling your story, janna. of course janna's story is different than others because among the unknown number of
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people that are still unaccounted for, is this woman, her name is rachel jacobs, and she's the ceo of a philadelphia tech company called apprenet. her colleagues have put out her name and photo. they did that this morning in hopes that someone knows something about her whereabouts or condition. she lives in manhattan with her husband and 2-year-old son. if you know anything about her, call the amtrak hot line 1-800-523-9101. area code 800. if you know anything about her whereabouts. we are also just getting word of the death of an employee of the associated press. he was on that train. we're just learning very few details but we will have more on that after this break.
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welcome back. we are doing breaking news live in philadelphia. the helicopter's overhead and the investigation in the deadly train crash only just beginning. and now we are learning this, that an associated press employee who was apparently a video software architect was apparently on board that train. cnn's brian stelter joining me live in penn station in new york where the train was bound for. do you know anything more about
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the employee, brian? >> we know a little more, ashleigh. the associated press just confirming in the past few minutes that jim gaines was one of the people on the train who was killed last night. his wife jaclyn is confirming the news. he was in washington for the day attending meetings, on his way home to new jersey, on the train late in the evening when it derailed. he is survived by two children, a 16-year-old and an 11-year-old. as you mentioned, he was a video software architect for the associated press. he worked there for almost 20 years. ashleigh? >> sorry, brian. i couldn't hear you there, but obviously we're just beginning to hear these details of those who lost their lives on board that train, the associated press staffer apparently also one of the latest victims. brian stelter live for us in new york city. thank you for that. we're continuing our breaking news coverage and coming up an update on the investigation and an update on the search for more possible victims.
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could they still be at that derailment site? .
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we're back live on location in philadelphia. the scene of that deadly train crash. six people dead, 200 plus
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treated in local hospitals. i want to bring in someone who's really critical to this effort, renee hughes-caldwell the ceo of eastern pennsylvania for red cross. it if you could give me a feel for the center that you've been able to set up for those who need help, need to try to connect, need information and the coordination of the missing. we still don't have a full list of who might not have been on that train and who might be at that site. >> you make an important point, this is a very fluid situation. last night we managed two command centers. people were coming into 30th street station amtrak headquarters and coming into the community, so we staffed two locations. today we're staffing one location and we're working with amtrak, ntsb, and the city to pull together who's missing. most importantly, to work with their families, to bring them comfort. >> have you had a lot of their family members coming in and looking for name, manifests,
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information? >> yes. at this point we've had about 75 people who have come directly to us. >> have you found their loved ones, the ones you've seen? >> it would not be appropriate for us to respond to questions like that. what the community should know is the red cross is here partnering with amtrak and the ntsb to make sure the families are taken care of and their comfort is addressed. we worked with spiritual, mental health care, physical care, and we trained for this. we actually trained for derailment about three months ago. >> just three months ago. >> just three months ago. we were just looking at the situation and decided this was something that could happen and so we trained all of our volunteers for this type of eventuality. i regret that it has happened, but i'm very grateful we had the foresight to train. >> everyone is so lucky to have you on the job, having that recent training as well. thank you very much. i don't want to take you away from your important work but i appreciate you talking to us about this today. best of luck trying to put together the manifests and those
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missing. it's a daunting task. thank you again. >> thank you. >> one of the things that's been a big issue and a big political issue is the safety and funding and what kind of money goes towards rail safety, amtrak in particular. it has been a hot button issue on capitol hill and that's why i want to take you to our athena jones standing by live. you have developments, believe it or not, unbelievably timely, on exactly this issue today in the capitol. athena? >> hi, ashleigh. that's right. the house appropriations committee is dealing with the transportation bill as we speak. they're marking it up, making amendments to this annual transportation bill. just a short while ago, democratic congressman from pennsylvania offered an amendment that would restore -- it would boost funding for amtrak, funding that had been cut by about $200 million i should say for capital improvements. infrastructure improvements. chaka fattah, the congressman from pennsylvania, offered an amendment that would restore that cut, would add that back in. essentially increasing funding.
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that amendment was defeated, 31-20. a party line vote. you had republicans arguing that because of sequester, those automatic across the board spending cuts, any increase in funding has to be offset by cuts elsewhere. democrats were arguing this is about priorities. listen to congressman steve israel from new york argue passionately about the need tone crease funding. take a listen. >> we are divesting from america in this subcommittee, in this committee. and it doesn't make sense. it defies the interests of the american people. the budgets of this majority continues to present consistently subsidize more and more special interests. what we should have been doing is subsidizing the safety of those passengers on that amtrak train yesterday. >> and, of course, ashleigh we don't know yet what caused that derailment. we don't know if it was a specific problem with infrastructure but you have democrats like steve israel and others saying look, you've got to make sure that we invest in
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american railways. we're far behind other countries, and it's very interesting to see that debate playing out today and see that attempt to respond in a way. i mean the amendment was filed ahead of time but an attempt to respond to this to see that fail. the markup is still going on so we'll see what else happens. ashleigh? >> all right. stay on it for us if you would, athena. live on capitol hill. thank you so much. i have breaking news i want to bring to you live from philadelphia as well, because of those six who died on that train last night when it crashed just behind me, we're starting to get the identifications of those who perished. and you probably heard in the morning's reporting that there was a naval mid shipman on board. we know who it was and coming up after the break we are going to update you. it's tough being cooped uputal it gets a little stale. when dad opens up the window, what's the first thing he does? the tobin stance
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. there is very little information that is coming to us, the press, and the public, regarding the cause of the crash of this amtrak train, the derailment that so far has killed six people, injured 200, 200 being treated, but as information does trickle in, it's information to least want be to hear, the identifies of those who died. i can now tell you that naval academy midshipman who died was 20 years old, a sophomore at the academy, his name justin zemser. i can tell you a little bit
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about justin zemser. he's from rockaway beach, new york. he was a first year member of the football team in 2014 and in high school, he was a two-year letter winner on the high school football team as a wide receiver. he was also elected to student government president and he was also team captain in 2011 and 2012. such a young soul lost. justin zemser 20 years old from the naval academy, a midshipman. very tragic news. i want to take you now to washington, d.c., where my colleague tom foreman is standing by. tom, i know you've got the ability to sort of in a virtual way walk me through the anatomy of this incident, with the information we know this early. >> you know, ashleigh, you've had a lot of people talking about the question of the infrastructure here and with good reason. it's a very heavily traveled route in the country, there have been infrastructure questions there for a long time there. if you go in and look at this you can see more why they're concerned.
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yes, you can look at the train cars. they have to look at whether or not they are actually working properly, whether there was something wrong with them along the way, but just as importantly you have to look at the geography where this happened. this turn right in here is going to be something they will scrutinize because often when you have a train track problem it's a problem with the tracks, but sometimes it's also a combination of the geography of the tracks and the speed of the train. a lot of people have been talking about speed and i want to specifically talk about that here. we've been looking closely here at this, the surveillance video we've been slowing throughout the day. watch right up in this corner. you see the train going by and you can see individual cars, if you look very closely. it's grainy, it's difficult to study, but if you know the general length of the engine and the cars and you measure it against a fixed point here and we have done this, you can come up with a calculation of the general speed of this train. the speed limit in this area is supposed to be about 50 miles
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per hour. we have done a lot of calculation on this this morning, and based on these images, not as good as what investigators have, it looks like this train was at this point traveling considerably faster than that. perhaps 20 miles per hour or more faster than this. this is not conclusive. it's not -- it is scientific in the sense we're doing the math, but we don't have all the evidence they have. this is the reason they're looking so much at this question of speed, because if you think about a train traveling that much faster, of course it brings up memories of this crash, the one that happened in spain, where it was supposed to be doing 50 miles an hour and this train was doing 100 miles and produced this horrific crash which killed dozens and dozens of people. that's why speed is such an issue and being looked at so closely. >> right. of course and those black boxes and the information that should be be yielded from those event recorders, just coming in. we were are told earlier, tom, that we should have that information by this afternoon.
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they're processing and downloading very quickly. hopefully we will have more answers. thank you for that deep look at the anatomy of this incident. we're staying close to a fast developing story in wisconsin. we're going to update you here but we're also going to send you to wisconsin via the live pictures, a large protest, this the backlash to the state's decision not to prosecute a police officer, an officer who killed an unarmed man. it is a familiar story with different details and yet the pictures seem so similar. we'll take you there, next. i've lived my whole life here in fairbanks, alaska. i love the outdoors, spending time with my family. i have a family history of prostate cancer. i had the test done and that was when i got the news. my wife and i looked at treatment options. cancer treatment centers of america kept coming up on the radar. so we flew to phoenix. greg progressed excellently. we proceeded to treat him with hormonal therapy, concurrent with intensity modulated radiation
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decision not to prosecute a hello, i'm frederick ka witfield live in atlanta. these are live pictures right here of a march in madison, wisconsin. this is a demonstration, an opposition to a prosecutor's decision not to charge the officer who shot and killed 19-year-old tony robinson. the unarmed biracial teenager fatally shot by officer matt kenny who is white, on march 6th, setting off days of protests in that city. robinson's family says they support peaceful, nonviolent protests over their son's case. and we also want to take you now to boston and a huge day in the sentencing trial for a marathon bomber dzhokhar tsarnaev. the jury is hearing closing arguments today before making what is likely to be the biggest decision of their lives, deciding whether someone lives or dies. that someone dzhokhar tsarnaev
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and deliberations won't be a cakewalk. jurors have 24 pages of complicated instructions to sort through. so many issues to consider and a decision on death must be unanimous. deborah feyerick joins me now from outside the courthouse in boston. deb, the prosecution's closing arguments have. very emotional. take us inside the courtroom. who was there and what was said? >> yeah. it was really very emotional. a number of the victims' families were there. the father of officer sean colli collier, parents of 8-year-old martin richards was there. the prosecutors made the point giving dzhokhar tsarnaev the death sentence is not giving him what he wants which would be martyrdom, it's giving him what he deserves said the prosecutor. one of the few people who were actually a able to read the extremist literature and carry out such an act of terrorism. the prosecutor was forceful saying don't be fooled by cute pictures of dzhokhar as a child. he said, quote, all murderers start as cute children.
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and he countered the defense argument it was tamerlan the driving force, the older brother, saying when dzhokhar tsarnaev wrote the manifesto in the boat, nowhere did he say kwoet my brother made me do it. he said as for the mitigating factors that the jury will have to consider, he said none of the mitigating factors outweigh the death and destruction suffered by the victims in this casep. three dead, many others becoming am muties. as you said the jury will be getting this case likely by the end of the day. the defense will have an opportunity to give their closing arguments after lunch and then the prosecutors will actually have the last word. but this is going to be long. they have to decide life or death on the 17 eligible death counts and then the remainder, which would -- they have to decide would be life in prison. it will be lengthy and a lot is at stake. there's no sort of -- this is not mechanical as the judge pointed out. this is something that's going
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to be highly personal to each and every one of those jurors as they decide whether, in fact, death is the appropriate sentence. >> so deb, so many things that these jurors have to consider. is there a feeling how heavily of the words from helen prejean, the death penalty opponent, how might her words impact that she says she heard dzhokhar tsarnaev say to her that no one deserves to suffer? >> well, that was critical for the defense. they were able to show the jury that in the view of this nu nshg he feels sorry, remorseful but the prosecutor hit hard saying no remorse then, no remorse now. even though he may have appeared to be sorry those words never came out of his mouth. >> all right. and deb, is there a feeling as to what this day might look like for are those jurors?
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>> no, but i was watching the jurors very, very closely in that courtroom. this is serious apnd the judge was making sure they understood the implications of what they choose saying nobody has to decide that death is the right answer. you can have all the aggravating factors you want, but if one mitigating factor which is maybe he was persuaded by his brother, if that's the one that resonates with a juror, they don't have to decide death. so again, no real checklist. >> unanimous on death, however. deborah feyerick, thanks so much in boston. keep us posted. appreciate it. >> thanks so much for watching. i'm fredricka whitfield. wolf blitzer starts after a quick break. vo: today's the day. more and more people with type 2 diabetes are learning about long-acting levemir®. as my diabetes changed, it got harder to control my blood sugar. today, i'm asking about levemir®. vo: levemir® is an injectable insulin
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that can give you blood sugar control for up to 24 hours. and levemir® helps lower your a1c. levemir® lasts 42 days without refrigeration. that's 50% longer than lantus®, which lasts 28 days. levemir® comes in flextouch, the latest in insulin pen technology from novo nordisk. levemir® is a long-acting insulin used to control high blood sugar in adults and children with diabetes and is not recommended to treat diabetic ketoacidosis. do not use levemir® if you are allergic to any of its ingredients. the most common side effect is low blood sugar, which may cause symptoms such as sweating, shakiness, confusion, and headache. severe low blood sugar can be serious and life-threatening. ask your doctor about alcohol use, operating machinery, or driving. other possible side effects include injection site reactions. tell your doctor about all medicines you take and all of your medical conditions. check your blood sugar. your insulin dose should not be changed without asking your doctor. get medical help right away if you have trouble breathing,
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hello, i'm wolf blitzer. i want to welcome our viewers in the united states and around the world. >> this is cnn breaking news. >> we begin with the search for answers after that deadly amtrak train derailment in philadelphia. the city's mayor describing the initial scene as an absolute disastrous mess. in an interview with our chris cuomo he said authorities have not ruled out the possibility of more victims. >> search and rescue operation is continuing. the cars are torn in half. they're turned over. they're on their side. our rescue folks are still working through all of the cars and the debris out there. we need to try as best as possible to account for everyone we think may have been on the train. sometimes people buy tickets and don't make the train, and we just don't know. >> at the accident site first responders pulled bloodied passengers from the


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