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tv   Legal View With Ashleigh Banfield  CNN  May 14, 2015 9:00am-10:01am PDT

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you, i'm proud you were able to work in at this hour shoutout. >> we got some promos for the plans. >> and far good cause. >> yes. fantastic charity, check it out. >> it's great. so proud of you. he doesn't care. thank you for joining us. >> legal view with ashleigh danfield starts now. hello everyone, i'm ashleigh danfield, this is breaking news, welcome to legal view, any second now the mayor of philadelphia, michael nutter is due to hold another briefing at the disaster. a disaster that the mayor has already publicly blamed on the train's engineer. this is who that man is. 32-year-old brandon bostian. investigators are much more circumspect however, the question of the hour remain williams if northeast train number 188 was speeding as the ntsb confirmed in short order,
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what exactly was that engineer, brandon bostian doing? right now authorities and bostian's lawyer don't seem to agree on whether the engineer is cooperating with the investigation. two different sides here. his lawyer says bostian spoke with the police, in fact for hours. though he has a concussion, and the lawyer says he remembers next to nothing about the actual moment of the crash. but a police official is telling cnn that that engineer, mr. bostian refused to answer their questions once he lawyered up. lawyer said bostian is distraught over the seven known deaths on that train that he was operating, at twice the legal speed. today at least eight people are in critical condition, but they are expected to recover. the newspaper, the philadelphia inquirer says about a dozen passengers at this point remain unaccounted for, a dozen. and while we wait for the mayor, i want to bring in erin mcglak
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lin, get me up to speed on what's happening. we've been seeing as we wait for the live news conference, trains, the cars are being removed from the tracks, et cetera, but how are we at this point with the missing and the investigation in that respect? >> reporter: just a sense of where i am, i'm located not far away from the crash site. just a short while ago, we saw the last of the cars visible from this vantage point actually pulled away from the site. the ntsb says they're bringing in the cars to a separate secure location for further analysis. and we've seen them very much trying to clear this area. they've been laying new track, it appears as though they are trying to get this area back up and running, a very vital northeast transit corridor, although authorities at the moment are saying, not saying rather when exactly this corridor will be back up and running. >> and then, of course, what about the, the skrdiscrepancies
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about what officials are saying about the engineer is or isn't doing, and what his lawyer is publicly saying. they don't seem to match up. >> reporter: no, i think we're going to have to hear more from the authorities. we heard from the lawyer earlier today say he's cooperating, he was questioned by police for some six hours, despite a head injury. that he offered up a blood sample so that they could conduct toxicology tests that he wasn't suffering from any sort of medical condition, that he wasn't on any sort of medication that would impede his ability to do his job. he also offered up his cell phone so that authorities could look at that to see if he was actually on the phone at the time of the crash. he says at the moment though that his client simply does not remember what happened. that he's distraught. >> erin, i was surprised with
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the philadelphia inquirer report, i think at the sheer number of passengers that remain unaccounted for. i expected one or two, but the philly inquirer says it's a dozen. >> reporter: yeah. and i think again, we're going to have to wait to hear more from authorities about that. we know that they have had this very active search that has been expanding in the recent days. they have people out looking for potential passengers, possibly they say, thrown from the train wreckage itself. it's also possible that some of the people unaccounted for could have actually just not simply boarded the train at all. and they're also saying it's people could have walked away from the crash site without notifying authorities. i expect we will be hearing more on that point from philadelphia mayor michael nutter, who's expected to give a press conference this hour. >> i hope so. erin maclaughlin life, thank
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you, erin, to the picture on the right hand side of your screen where we are awaiting the next set of details to emerge in this investigation. also the mayor did say along with the other officials who were beside him, please call in if you have any information. if you might have been a passenger, if you know of a passenger, we need to hear from you. they're asking for the public's help in trying to identify who may or may not have been on that train. they're also using k-9 out on the track just in case as passengers were thrown from that train. which is just a horrible thought, but as they continue that investigation, i want to now dig in deeper about the amtrak engineer's attorney. and what that attorney said in an interview with abc's "good morning america" program. robert goggin insisted that his client has told investigators everything that he can, which, by the way, is not very much, and that is because of his loss of memory. has a conclusion, the lawyer says, and he also says police don't need search warrants because he says his client,
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brandon bostian has given his cell phone voluntarily and a blood sample as well, have a listen. >> he remembers coming into the curve, he remembers attempting to reduce speed thereafter, he was knocked out, thrown around just like all the other passengers in the train. >> he remembers deploying the emergency brake? >> he does not remember deploying the emergency brake. we know that it was in fact deployed. the last thing he recalls is coming to, looking for his bag, getting his cell phone, turning it on and calling 911. >> had your client been drinking at all? >> nothing. in fact, the police department requested a search warrant for his blood, he consented immediately to that. >> so this things know my lawyers right here, hln legal analyst joey jackson and legal analyst phillip holloway and safety analyst and former faa
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safety inspector. i need to go to you right off the back. what the attorney said had me wondering about how you stop a train from going 106 miles an hour. that lawyer told george that the last thing his client remembered was quote, trying to reduce the speed. but then when pressed by george, he said he doesn't remember hitting the emergency brake. so, with your knowledge of investigating this kind of an accident, how would an engineer possibly try to reduce speed before say perhaps hitting an emergency brake? >> well, the only thing he could do is reduce the throttle, pull the throttles back which is recorded on the train event recorder. and they will know that later, in fact he did reduce the throttles or when the throttles were put forward, when they were put back. so they'll have a direct reading on to when he actually reduced power versus when he pulled the emergency brake. >> david, if he did that, if he
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tried to reduce the speed by pulling the throttle back, and nothing happened, and thus he might have been then hit the emergency brake, would the black box tell you this nothing happened when the engineer physically tried to pull the throttle back? >> you could. because it's keeping track of the time, the speed, and the distance at all three together. you can calculate then that if the throttle's reduced, you would expect it to reduce at a certain rate. and if that rate didn't occur. in other words, if the tlot are also recorded as being -- throttles are recorded as pulled back and it did not decrease in speed, if it didn't continue to increase, the throttles had been pulled back. there's inertia here, things don't happen quickly, but nonetheless, there is a change and it would be recorded. >> all right. let me bring in phillip holloway here, i think there is such a significant amount of information that this lawyer did and did not tell george steph no lis on "good morning america."
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the selective memories. this attorney said there are certain things that this, this engineer remembers, leading right up to the moment of trying to reduce the speed, and then zero, a big blank until he somewhat came to and was able to dig through his bag for his cell phone to call 911. what do you make of that? >> well, any time a lawyer goes out on a limb like this, and i know joey, this is a surprise to you, sometimes clients don't necessarily tell their lawyers the entire truth. i'm not accusing anybody of anything, but a lawyer who goes out on a limb and gives detailed information like this out on a limb, and if that limb breaks, watch out the lawyer doesn't have credibility we don't know what the blood test will reveal or the cell phones records will reveal. even if the lawyer is telling the truth, even if the attorney, excuse me the client has told him the truth, the speed alone is enough to make this a criminal investigation and the speed alone is enough to get in
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charge with criminal homicide in my opinion, and who knows what related to the injuries to the multitude of other people who were harmed. >> joey, that point, this is a very critical, few moments, and we're really talking about a few moments of memory loss. the moment after you try to reduce the speed, if the lawyer is telling the exact story and isn't, say, messing up with syntax live on television, then the moment directly after the crash where suddenly, memory's right back. that is a few seconds only. >> it is, but understand actually of course they're not going to base the case that is any type of prosecution, should there be there one, and i'll address the speeding point in a point, they never will rely upon the defendant if he becomes a defendant. they're going to rely upon the circumstances of the investigation. now to phil's point, certainly speeding in and of itself could constitute a crime, but we're a long way's from that. there's a number of other factors to be considered here. we know, we believe we know it
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was going 106 miles an hour, how did it get there? was there mechanical failure? did something on the track, you know, whatever it may have been lead to this? was there other outside source, ashleigh, that we're not aware that relates to the mechanics that caused the speed to elevate to that degree. what did he do if anything to stop it? was he aware, what's his training, history, and there's a lot of different elements that we have to factor into this, not only the speed. >> i'm going to get back to this in a moment. i need to break in with news here. and it is very sad news. this comes to us about a man named bob gildersleeve, apparently mr. gildersleeve has been missing since the amtrak derailment, and the uncle of bob gildersleeve has been called. he's telling cnn that he has been at the crash site, in fact, just this morning, and that investigators found another body. and this uncle ken is on his way
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to the morgue. i'm just getting more information as i say this to you. we're also being told now that officially the death toll is at eight, and that the eighth person apparently died at the hospital. and there's a couple of pieces of information that we need to connect here, but we can't. and that is whether in fact bob gildersleeve is the eighth victim, or not, but we can tell you that his uncle ken vino has been called, has been to the crash site, was there apparently when investigators found another body and that mr. vino is on his way to the morgue, and i am assuming that is for an identification. also, watching that right hand side of your screen where the mayor was due to hold a live update and briefing for us at the top of the hour, we're 12 minutes late for that. we are going to continue to watch that. and i think we'll probably try to get that on to you within the next few minutes if i look at 36 hours is a lot to go on, but the
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news conference start about 10 to 15 minutes late each time. let's see if i can fit in another break here or continue with the questions i was asking for before. i want to make sure we don't miss anything. hopefully with a live news conference, and if not, certainly about some questions at the level of training and experience that this engineer had. and what just might surprise you about all of the engineers out there. what does it require? how much training? how much experience? might be surprised. out of 42 vehicles, based on 6 different criteria, why did a panel of 11 automotive experts, name the volkswagen golf motor trend's 2015 car of the year? we'll give you four good reasons. the volkswagen golf. starting at $19,295, there's an award-winning golf for everyone.
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i want to get right to philadelphia where the mayor michael nutter is about to give another live update, let's listen. >> everybody ready? okay. thank you all for being here. and we have a series of announcements to make this morning. but first, let me acknowledge the tremendous partnership, relationship, collaboration, and coordination among probably now 10 to 12 different city, state, and federal agencies that have
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worked with us in a seamless effort to save lives, notify families, work with those families, for some, in their darkest moment. do our best to treat all of them with the dignity and respect that they deserve. while also working with those who were injured, some who at times, on our side, may have been on accounted for, and ultimately seek to bring a sense of healing and closure to this incredible tragedy that's taken place in our great city. while at the same time acknowledging the near miracle of survival that we experienced
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with over 200 people here in our city, traveling, mostly from washington, d.c. to new york city. and while passing through the city of philadelphia, a great tragedy and trauma took place. let me again thank and recognize for the third day in a row our governor, governor tom wolf, whose been with us and his team with us each and every step along the way. we've had amtrak board chairman with us, and now, of course today for the second day, the ceo of amtrak, mr. joe gordman. the federal railroad administration, sarah fineburg.
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the ntsb, the great investigatory investigation renowned around the united states of america, if not around the world for the quality of their work and their board member, robert zumwalt, and the vice chair of the ntsb, vice chairwoman denzar. the philadelphia fire department, under the great leadership of commissioner derek sawyer, philadelphia police department, under the incredible leadership of police commissioner charles ramsey. deputy mayor for public safety, everett gillison, deputy mayor for the managing director, rich mcgrim. our city representative and director of communications, desiree peter combell.
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and the nationally recognized, the director of emergency management, sam phillips and our director of public safety, mike resnik. this team, city, state, and federal partners working in collaboration and coordination, made what could have been an even greater tragedy a life-saving miracle here in our city. and so i want to thank all of them and express appreciation for their work. their cooperation and their support. state senator tina tartagleon was with us today, but has consistently expressed hero
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concern for the families -- her concern for the families. city councilman, bobby heenan whose district we stand, communicated with on a regular basis. councilman neilson was here the other day and the city council president, we have numerous members of congress, two u.s. senators, casey atumey, congressman bob brady, and brendan boyle. and visitors from outside of philadelphia or pennsylvania, members of congress, from both parties to see, not only the tragedy, but to inform their work in the congress for issues of safety and infrastructure support with regard to amtrak. this has been a massive effort, its been painful. as we've already reported, there
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were seven deceased individuals confirmed. i'm going to ask the fire commissioner, derek sawyer, to give an update from work of the fire department and the police department this morning at the site. commissioner sawyer. >> good afternoon. this morning, around 08:00 this morning, we receive aide call to bring back our dog, our cadaver dog. so we worked in conjunction with a dog from pa task force and the police department to go out and do another search of that first car that was at a large amount of wreckage. the dog came on a couple of spots, and we were able to find one other passenger in the
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wreckage. we utilize our hydraulic tools to open up the train a little bit more so that we can reach the person, and were able to extra date that person and have them transported to the medical examiner's office. once again, this was a great coordinated effort. the members of our department, the men and women of our department did a great job throughout this whole event. we continue to have an engine and a medic unit on scene just to make sure that everything is done safely as we finish this investigation and going through the wreckage. once again, the great partnership with the police department, fire department, ems units, of getting this last person out. >> thank you. >> we'll let you know. >> i want to, this was such a tragic occurrence and i am so
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sorry on behalf of everyone in pennsylvania, i want to express my condolences and sympathy to the families, certainly to the victims. but i also want to say that as a pennsylvanian, i am so proud of the way this was handled by the folks here in philadelphia. as the mayor says, commissioner said, this is an example of cooperation, collaboration, we have worked together to work through this tragedy, and i can't say enough about the h heroism of the first responders who came here, risked their lives to save as many people as they possibly could. as a pennsylvanian, i just to want express my pride and my thanks to the mayor and his team for doing such a tremendous job, such a terrible, terrible tragedy. so mayor, thank you very much. >> thanks. thank you. mr. boardman.
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>> thank you. thank you, mayor, governor, senator. what a team philadelphia has with us at amtrak. amtrak's heartbroken for what happened here. the men and women of amtrak accept their responsibilities seriously. we know that we have a team here that worked together, to help us, to help the families, to be sensitive, to understand what needed to be done, and we've done that. 28 years ago was the last time there was a derailment on the northeast corridor. 28 years. and 300 million people have ridden amtrak since then. no derailment, no loss of life. today we're committing to, i'm
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committing to meeting the requirement of positive train control, that will happen on the northeast corridor by the end of this year. mayor, governor, team, thank you on behalf of amtrak. >> could you identify yourself, please. >> yes. joe boardman, ceo of amtrak. boardman. >> yes, sir, good morning, chief inspector joe solomon. i'd just like to say i've been a police officer for 32 years, and this was a catastrophic event. deepest sympathy for those that were lost and seriously injured. i'm very proud of the philadelphia police department at night. it was an emergency, but the actions of the philadelphia police that night, what i observed shortly after the incident and the matter which i
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felt the police were joined together with the philadelphia fire department and worked as a team to rescue the injured in a miraculously short period of time. i can tell you that i'm extremely proud of, i'm very grateful to the office of emergency management for the support they've given our departments. and i'm grateful to amtrak, specifically the amtrak police. they arrived on location and integrated together with us immediately, and in which has allowed us to bring us to the conclusion that we now have. and we'll continue to work together cooperatively until everything is returned back to normal. the philadelphia police department, ongoing active criminal investigation into this matter. and we will continue to work together with amtrak and district attorney's office here in philadelphia. thank you. >> thank you, chief. sam phillips. >> good afternoon, sam phillips,
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i'm the director of emergency management for philadelphia. and i just to want summarize a lot you've heard this afternoon. this does not just come together. the way we respond to these things is really the product of years of planning, coordination, training, and exercising. we have tremendous relationships in public safety, but also across the board, you know, we rely heavily on our utilities when events like this happen. we partner with the public works agencies, all of the lighting that you see out here, all of the things that you don't think about that are outside of police and fire, all have to come together. and that's really a testament to this city. we will continue to have a presence here and support amtrak, we're also supporting the families that experienced this tragedy at the family assistance center, and we're going to do that until we're told that we're no longer needed. and we're here for the long haul with this one. and finally, we can always learn from these. and so it's our responsibility as a city and as an office of emergency management to make sure that what went really smoothly this time continues to
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go smoothly next time. and that any kind of glitches we experience, we fix for the next one. thank you. >> thank you to all the, to all the speakers. let me give you one additional piece of information. fire commissioner sawyer explained to you this morning that we did recover the remains of one individual this morning. those remains were taken to the medical examiner's office as is our protocol. the remains have been identified as a person who was on that train. and so, if i can take you back to just two days ago, at the
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time, we believe, based on all information available at that time that there were approximately 243 individuals on amtrak train number 188. with the recovery and the identification this morning, as this news conference was taking place, i just received that final confirmation. we believe that we have now accounted for all 243 individuals on -- that we believe were on amtrak train number 188 from tuesday night. all of the individuals that we believe that we were looking for or were trying to identify have all now been accounted for.
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unfortunately, again, we must now report that we have confirmed eight deceased from this horrible tragedy. eight deceased from this horrible tragedy, but all individuals that we had any reason to believe were on that train have now been accounted for, and we know their whereabouts completely. >> who was the -- >> let me finish. as fire commissioner sawyer indicated, as chief inspector sullivan indicated, and as sam phillips indicated, we will maintain a support role with amtrak, provide any assistance to the ntsb in their
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investigatory process, and should any other instance os cur at site, certainly the philadelphia fire department, police department, ems personnel, and office of emergency management stand ready to provide assistance to these two agencies who in essence now have the major responsibility at this location. ntsb will conduct their investigation, i believe the federal railway administration conducts a simultaneous investigation for their purposes, amtrak is in the process of removing all of the train cars and repairing significant damage to the railroad infrastructure. and we will maintain a support role in that regard. with that in mind, and to the extent that there are questions that i can provide answers to,ly. if there are questions that i
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cannot provide answers to, i think you all know by now thatly not. gentleman asked a question with regard to the person who was recovered. i think you have also experienced over these past few days, i, we, have not released any information with regard to individuals recovered. that is not within our protocol. the medical examiner has the remains of those individuals, notification must be made out of respect, of course, to the families. and we do not, as a city government, release names out of respect to the family, should they end up somehow in the public eye or if family members make their own announcement, you will then have that information, but i will not release any information with regard to any of the now confirmed eight deceased. gentleman in front.
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>> wnbc new york, a question for the amtrak ceo. >> let me hear the question. >> he just made a pledge to install positive train control by the end of the year, the federal government had already asked him to do that. so the question is, why had it not been installed before? >> well certainly mr. boardman can explain that, but it is certainly my understanding that that type of work is in progress. i don't believe anyone standing here, and i'm sure none of you have ever experienced that, if you're trying to implement a system change or even safety changes, that all of them get implemented instantly. it is my understanding that this tpc, these ptc devices or controls, they've already been in the process of installing them, and that in fact some of those devices are already in
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place, in parts of the northeast corridor and possibly either here in philadelphia or parts of philadelphia or near philadelphia. but the systems take time. and again, i'll let the ceo explain, but that's the information that i have. mr. boardman. >> senator, i'm sorry. >> so the answer, your question, the answer is that we started installing positive train control in the '90s. positive train control exists now between new haven and boston. in 2008, i was the federal railroad administrator, and i supported and put in the law the requirement for this december of '15 positive train control. it's the same year i became ceo of amtrak. we began immediately, and we spent $111 million getting ready for positive train control.
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we had to change a lot of things on the corridor to make it work, and we're very close to being able to cut it in. we need some testing done on interference with the 220 megahertz radios we're dealing with, but we will complete this by the end of the year. i believe we will probably be the only railroad in the united states and in the western hemisphere that'll have positive train control. and i think that has has not been reported well, frankly. we have delivered a leadership role in positive train control in the united states. >> hold on for one second. hold on for one second, okay. so little bit of ground rules here. for our purposes, we are not going to spend the morning talking, or the afternoon, talking about positive train control. i want to take us back to what brought us here. there was a tragedy, eight lives lost, one family just notified
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with regard to remains, and they are going through that process. if you want to have a policy conversation, or finger pointing contest, generally this is not going to be the place for that. if you want to be in touch with mr. boardman and amtrak folks and talk about positive train control and a schedule and where is it and where does it not exist, i'm going to ask you to do that post this press conference and this information that we're sharing with you today. we have people who died. we have people who were injured. there is a process. so for those, all of those questions, going to respectfully ask you to direct them to amtrak, post this press conference, and i'm sure mr. boardman and his team can give you as much information as you would like. >> was the train running late or
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on schedule when it was heading towards its destination? >> it was my understanding after talking to personnel, that train number 188 out of washington, d.c. which is the 710 train, which i've taken personally many times was on time, out of washington, d.c. was also on time out of the city of philadelphia. yes. let me try to address that. i don't know a whole lot about new york city, great town. you know, we have a certain way of speaking here in philadelphia, and for all of you, i think we also need to try to put a period at the end of a sentence on all of this back and forth. i have tremendous respect for the ntsb. i have tremendous respect for mr. sumblo who we worked together in a previous tragedy here in the city of philadelphia. in the heat of the moment for a
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guy like myself who cares passionately about people, who has experienced loss in our city who wants to get some answers and get to the bottom of what's going on, having just learned that the individual, based on the earlier press conference by the ntsb, who had determined from the event recorders that the individual was traveling at 106 miles an hour on an s-curve that is rated for 50 miles an hour, i was expressive in my language. but i don't think that any common sense, rational person think that it was okay to travel at that level of speed, knowing that there was a pretty significant restriction on how fast you could go through that turn. so, i was being expressive. i know the people in new york don't speak in an expressive fashion, but we do here in
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philadelphia. i expressed an opinion as the mayor and as a citizen. he, mr. zumwalt is a professional board member from one of the most respected agencies in the united states of america. and in no way, shape, or form, should my comments be taken as to be judgmental about their process or what might happen or anything else. i often speak from the heart. which, at times is terrifying to other folks that i work with and the press office. but, we need to end that -- i've watched a lot of the ping-pong, it is meaningless. it is literally meaningless in the whole scheme of things. the ntsb has a job to do. they have an investigation to take on, but i don't think i said anything that any person watching television yesterday, after that announcement, was not thinking here in philadelphia,
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if not across the united states of america. we need to stop talking about that one and let's move ourselves on. yes, sir. >> how many are still in the hospital? >> we have 23 individuals at temple university, and we can provide some information later on today the breakdown at a number of the other, at the number of the other hospitals. i plan to be in touch with as many of those folks as possible, some have had treatment and moved on. but i mean the fact of the matter is, it's certainly more important for them to get the treatment that they need and pay attention top their doctors and medical personnel than for me to be in their room, in the way,
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and interfering with their care. i think all of those folks know how passionately i care about them, and i'll do my best to be in touch with them, but it's quite more important for them to be talking to their doctor than to be talking to me. i'm going to come right back to you. that was you in the brown? okay. identify and -- [ inaudible question ] >> i think the first part of your question is at the moment no, we are not. i think, from a process standpoint, i think you don't get to a level of quote unquote criminal investigation until you know you have fully something to investigate. what we got was significant piece of information yesterday in terms of speed and s-curves and mile per hour limits and
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those kinds of things, but i don't know from a process standpoint that we are at the point of, you know, kind of those next second and third steps. you have to have probable cause to go in that particular direction. all of that is about information gathering, and a series of various interviews that will take place with people who are on the train. let me go over here. >> can you clarify the role of your police department. [ inaudible question ] >> the bulk of the tail endly not answer because i cannot answer those questions and their inappropriate and would interfere with what we're trying to do. i do appreciate that there has been some level of confusion with regard to what the engineer say or not say.
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i want, i think i can definitively say the following. the engineer was injured, again i want to remind you of course the engineer was in the first train car, the engine component. that car we believe tumbled over and over and over numerous times, and the engineer survived. taken out of the vehicle, went to a hospital, received treatme treatment. was interviewed by the police departme department, but i believe it was a pretty short interview in which he apparently indicated that he did not want to be interviewed. that's all we have. and he doesn't have to be interviewed if he doesn't want to at this particular stage, that's kind of how the system works. in terms of all the other
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questions that you asked, i am not in the position to answer. i didn't hear the tail end of your question, i was talking. let me hold for that. let me update the information i gave you slightly in error. there are 43 people, 43 people in hospitals.
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43 people. i want to correct what i said earlier, 43 people in hospitals, 18 of whom are at temple university. and we will try to figure out if you need further information. try to figure out where everyone else is. that's a train question, so it sounds like mr. boardman. >> limited service at least by monday, maybe closed service monday. looking at full service for tuesday. we have some cat poles we have to reinstall. it takes some concrete some time to set, and that's where we are in terms of timing. >> last question. >> are you able to say were all of the victims located in the front car or were there some in other parts of the demolition? >> well, one, i'm not going to
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be grim, but second, unfortunately i'm not really going to answer that question. that's all a part of the larger investigation, quite honestly, we don't need that information just floating around. so, thank you all very, very much. i cannot, and i will not. all right. i gave the last question warning, but this is the real last question. i didn't hear the first part of your question. >> if negligence is found, is there the possibility of criminal charges? >> the premise of your question doesn't allow know answer it. that is the huge if, that is way down the line. and i cannot address that kind of issue. didn't roll it in, didn't roll it out. >> thank you.
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>> amtrak workers are on the scene, they are diligently doing their work. the scene obviously is very different today than it was a couple days ago. but we still have fire personnel and police personnel on the scene because we want to be absolutely sure of what we have. and what we think we know at this particular moment. but, we want to act with certainty and then over a abundance of caution, we are keeping personnel on site. >> thank you. thank you, guys. appreciate it. >> okay. so that was a little over a half hour worth of news conferences which it was very wrong information being corrected while it was being given out. let me try to make sense of it. the mayor started by saying the death toll is seven, it is not. it is eight, he corrected that somewhere into the news conference. there was no update on the injured until the end of the news conference, 43 people are still in hospitals throughout philadelphia. we can tell you that. we also know, and this is perhaps the most significant
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news coming from the fire commissioner, derek sawyer, he was the person who told us that the fire department was called back with a k-9 unit this morning. they cleared the dogs from the tracks. something didn't seem right. the dog came back this morning, it got several hits in that first car. and they found one more cadaver, and they were able to remove it from the wreckage and that that cadaver has gone to the medical examiner. we are working to put the identification on that person. we do know that there is a report from an uncle of a missing person, and he's been called to the morgue. i'll give you more on that in just a moment. you can also say this, took a long time to get this out after the handling, but the mayor said that now, critically, all 243 passengers are accounted for. this is something we've been waiting for. we've needed answers, and now we know at least that all 243 passengers are accounted for and we can tell you also that, as
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far as the cooperation with the engineer, there is this discrepancy as to whether he did or did not speak to the police voluntarily. the mayor's account is that he was interviewed by the police department, it was a short interview, he indicated he did not want to be interviewed. his lawyer said on "good morning america" this morning, however, that he spoke for hours, upwards of five hours, in fact, before the lawyer actually showed up. and then perhaps the interviews ended at that point. we still have discrepancy there. we have the ceo of amtrak reporting that full service could actually return to the tracks, although it's incredible looking at the picture you're seeing, by tuesday of next week. so those are critical details that we finally got to. but i want to get now to this eighth death. and let me reiterate, we have eight people dead. if you tuned into the beginning of the news conference, the mayor said it was seven, that was corrected, it is in fact eight. jason carol is live in
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philadelphia, jason, you'll have to help me understand this because we have the confirmation that a body was discovered this morning by the cadaver dogs, it was extracted from the wreckage and taken to the medical examiner, but then we have additional reporting that someone, the eighth victim had died at the hospital, and then we have, i think, reporting with someone you've spoken to, and that is the uncle of one of the missing. can you try to make sense of this for me? >> well, what i can do is i can talk about the uncle. and that's what you were asking about, ken bino, he is the uncle of robert gildersleeve. that is the businessman from baltimore who boarded in baltimore, who was among those unaccounted for as of this morning. i can tell you that when i spoke to ken this morning, he said that he had just left the crash site. he was there with investigators when a body was indeed found
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there, a body found in the business cross car, the elite car, the one that sustained the most damage. he said he was on his way to the morgue to make, what he believed, to be a positive identification. now, that's just what ken bino was saying, again, he is the uncle of robert gildersleeve. and so what we have to do at this point, ashleigh, is put two and two together. the mayor at this point is saying who were unaccounted for have now been accounted for, all 243 people who were on board, and even though the city at this point would not come out publicly and confirm because at this point, they basically cannot, whether gildersleeve is the eighth fatality, we can tell you that his family is on the way to the morgue to make an identification. it was an incredibly difficult conversation to have with his
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uncle, ken bino, as you can imagine, ashleigh, he was very, very distraught. i said to him, i said, do you believe that there's any hope at all, and he said to me, i just don't at this point. so a very difficult conversation to have. i'm sure by later this afternoon, we'll have more specifics, but at this point, i can tell you that robert gildersleeve's family is, and at this point, they already would be at the morgue to make what they believe might be a positive identification. >> well, it's just terribly sad news, and our hearts go out to the family members of bob gildersleeve and also that uncle that you were speaking with, ken bino. jason carol reporting for us live, thank you. i want to add one more piece of detail that came from this news conference. there was some discrepancy as to whether this train had been late and trying to make up time. there were accusations made in that regard. the mayor in this news conference said train 188 left philadelphia on time, left
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washington on time. that from the mayor, still a lot of information to come in as you can imagine from the black boxes. the ntsb has untold amounts of scientific information that'll be critical to anyone and everyone involved in this story before anyone starts throwing out terms like reckless, which means criminal, which means very, very serious. we'll talk about that after the break. is a not-for-profit, with a mission of providing a free world-class education for anyone anywhere. if you look at a khan academy video, they can cover everything from basic arithmetic to calculus, trigonometry, finance. you can really just get what you need at your own pace. and so, bank of america came and reached out to us and said 'we are really interested in making sure that everyone really understands personal finance.' and we're like 'well, we're already doing that.' and so it was kind of a perfect match. like it used to?ould bounce back new neutrogena hydro boost water gel. with hyaluronic acid it plumps skin cells with intense hydration
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breaking news of the amtrak crash. few more details to update you. an eighth person has now been discovered and that brings the death toll here to eight. that body was found this morning by a cadaver dog. the fire department doing that. 43 people still in the hospital. amtrak service may actually be able to get back up and running by tuesday. still though, the big question, and that is, how did this happen, and the engineer's role or perhaps the train's role. was it mechanical? the engineer? these things are still up in the air. i want to bring you david susi, the former faa inspector, as well as richard biel, railroad safety expert, and joe branch, who's the former amtrak spokesperson and the author of "end of the line." richard, if i can start with you, heard the whole news conference, what stood out to you? >> the rhetoric was nonstop, he sat there for almost 40 minutes and said absolutely nothing. >> but do we have anything more towards how this awful tragedy
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happened? >> nothing? nothing. >> and in terms of, you know, joe branch, let me get you in on this, there's been criticism about the engineer, and with the benefit of the doubt, nobody knows anything yet. the black boxes haven't been made public, the events recorders have not been made public, your read on what's happening right now with his cooperation or lack thereof or all of these other stories with regard to the engineer's role. >> i'm really unable to describe the engineer's role. i've been an amtrak spokesman during these kinds of things many, many years ago. anything i'd say, it would be speculation. i'm going to pass, i have to. >> there's been criticism of him made reckless, the mayor addressing it in front of the reporters right then and there. >> all i can say is positive train control, had it been in effect, this accident would have been avoided. in the 1990s, i was a railroad
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lobbyist in washington, d.c., i tried getting the clinton administration and republicans and democrats in congress to do more to provide more funds for safety aspects recording amtrak, and basically i was whistling in the wind, they wouldn't listen. there's a lot of blame to go around here for why that system is not in place after we've been talking about it for more than 20 years. >> and joe boardman, the ceo of amtrak saying in the live news conference he expects it'll be completed in this quarter, before the end of the year. david, still the issue of recklessness or negligence or anything that rises to a criminal level for the engineer, what has to be proven? what has to come in order to reach that? >> well, first of all, everything else has to be ruled out. whether there was a mechanical failure, if the throttles were retarded and the train continued to speed, that would be critical as well as when you applied the brake and if it worked as well. there's a lot that goes into this, and too early to tell. >> we need to know about the
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mechanics and whether there was anything mechanical that didn't go right before we start throwing a lot of accusations at this engineer. thank you all, i appreciate your insight to this, we're continuing to watch the breaking story. wolf blitzer will take the helm now. hello, i'm wolf blitzer, it's 1:00 p.m. here in new york, 6:00 p.m. in london, wherever you're watching from around the world, thanks very much for joining us. this is cnn breaking news. >> let's immediately get to the breaking news, a grim development in the site of that amtrak train derailment in philadelphia. rescue officials now say they found another body in the wreckage earlier this morning nap brings the death toll to eight. the mayor of philadelphia says officials believe everyone on board is now accounted for. on the investigative front, we know that the train was speeding, the question now is, why? the attorney for the engineer brandon

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