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Amtrak Train Hit 106 MPH Before Derailing; Deadly Shoe Factory Fire Near Manila; No Sign of Missing U.S. Helicopter; Life or Death for Dzhokhar Tsarnaev?; What Will Brady Do? Aired 5-5:30a ET

Aired May 14, 2015 - 05:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


JOHN BERMAN, CNN ANCHOR: Speeding out of control as it flew off the tracks. New information this morning about the deadly Amtrak crash in Philadelphia. What the train's engineer is and is not saying this morning.

[05:00:00] We also have new information about the victims and how available technology might have prevented this tragedy.

Good morning, everyone. Welcome to EARLY START. I am John Berman. It is Thursday, May 14th. It is 5:00 a.m. in the East. Christine Romans is off today.

The investigation into the crash of Amtrak train 188 in Philadelphia focused this morning on speed. The National Transportation Safety Board has recovered the black box from the wreckage. NTSB officials say the train hit a tight curve on the Philadelphia north side. It was traveling more than 100 miles an hour, twice the posted speed limit.

The engineer now identified Brandon Bostian of New York slammed on the emergency brakes only seconds before the engine and seven cars derailed. At least seven people died in this crash, 200-plus were injured. Eight victims were still in critical condition.

I want to get the latest on the investigation. Let's bring in CNN's Rene Marsh.

Rene, we understand that you have learned that the engineer or what the engineer told Philadelphia police after the crash the other night.

RENE MARSH, CNN AVIATION & GOVERNMENT REGULATION CORRESPONDENT: That's right, John.

We now know as you mentioned this train was going a whopping 106 miles per hour along this curve that had a speed limit of 50 miles per hour. According to a law enforcement source, immediately after the crash, this engineer told Philadelphia police detectives that he didn't recall his speed. Detectives have since tried to interview him further, but he refused to answer any other questions and had a lawyer with him. We do know that his lawyer did speak out and here's what his lawyer had to say.

(BEGIN AUDIO CLIP)

ROBERT GOGGIN, ATTORNEY: He remembers going through that area generally. Has absolutely no recollection of the incident or anything unusual. The next thing he recalls is being thrown around, coming to, finding his bag, getting his cell phone and dialing 911.

(END AUDIO CLIP)

MARSH: All right. Again, over my shoulder, you can see that this is the track where this all happened. Investigators from the very beginning, they suspected speed simply because of the angles, of the way the wreckage was left on the tracks. Also, the extent of the damage.

But still, there are so many other questions. Although we know this train was going fast, we do not know why. Was it an issue of mechanical problems like faulty brakes? Or was it an issue of human error where perhaps this engineer may have been distracted. They still don't know that yet. We do know that police, they are in the process of getting a search warrant for the engineer's cell phone, so that they can examine records to see if perhaps he may have been distracted at this point.

BERMAN: Rene, that's the engineer. What do we know about the conductor? Has the conductor spoken at all to authorities yet?

MARSH: We know that detectives definitely want to speak to the conductor. Another key person who was on board that train. However, I'm told that because of his medical condition, detectives have not been able to interview him just yet and we should point out that the NTSB hasn't interviewed any of crew members onboard this train either.

BERMAN: All right. Rene Marsh, those officials are on the ground, these are the things they will be doing over the next few days. Rene Marsh, thanks so much.

Philadelphia Mayor Michael Nutter, he places the blame for this derailment squarely on the engineer's shoulders, Brandon Bostian. That is the conclusion, though, that the NTSB team leader says is premature.

(BEGIN VIDEO CLIP)

MAYOR MICHAEL NUTTER (D), PHILADELPHIA: Clearly, he was reckless and irresponsible in his actions. I don't know what was going on with him. I don't know what was going on in the cab. But there's really no excuse that could be offered, literally unless he had a heart attack.

ROBERT SUMWALT, NTSB BOARD MEMBER: Well, I'm going to distance myself from such remarks. We're here to conduct a very fact-based, non- emotional investigation, and to make comments like that is inflammatory at this point. We just want to find out what happened so that we can prevent it from happening again.

WOLF BLITZER, CNN ANCHOR: You think the mayor was wrong in saying that?

SUMWALT: Well, you're going to not hear the NTSB making comments like that. We want to get the facts before we start making judgments.

(END VIDEO CLIP)

BERMAN: The 32-year-old engineer, Bostian has been with Amtrak for nine years. First as a conductor, he became an engineer in 2010.

Of the seven known people killed in the crash, we now have the names of five. Jim Gaines, a video software architect for the "Associated Press". Derrick Griffith who was dean of student affairs at Medgar Evers College in New York City. Rachel Jacobs was a small tech company CEO, Wells Fargo executive Abid Gilani died in that crash.

[05:05:01] And 20-year-old U.S. Naval Academy midshipman named Justin Zemser, his family now grieves for him.

(BEGIN VIDEO CLIP)

SUSAN ZEMSER, MOTHER OF NAVY MIDSHIPMAN KILLED IN CRASH: Our son was Midshipman Justin Zemser. He was born on March 25th, 1995. He was his high school valedictorian and was just finishing up his second year as midshipman at the United States Naval Academy. He was a loving son, nephew, and cousin. This tragedy has shocked us all in the worst way and we wish to spend this time grieving with our close family and friends.

(END VIDEO CLIP)

BERMAN: One passenger remains missing this morning. Minnesota chemical company executive Robert Gildersleeve. His family says he boarded the train, but his whereabouts are unknown.

When the seven passenger cars derailed, some of the cars were left upright, others torn to shreds by the force of the crash. What happened to the passengers in the compartments vary. Scores were able to walk away. Others describe scenes almost like combat.

(BEGIN VIDEO CLIP)

MAX HELFMAN, PASSENGER ON DERAILED AMTRAK TRAIN: People were everywhere. There were suitcases everywhere, suitcases falling on top of people. The chairs had actually dislodged some chairs that had fallen on people, people bleeding from their faces, broken bones and broken legs and broken arms. Anything you can really imagine. That's what happened.

GABY RUDY, PASSENGER ON DERAILED AMTRAK TRAIN: So the person behind me lost an arm unfortunately and a lot of the women in front of me were bleeding from their heads. That's about it that I saw on the train. But at the hospital, there were a lot of very seriously injured people unfortunately.

UNIDENTIFIED FEMALE: When I started hearing people, I was on the side. So, someone told me I had been delirious and they've carried me off. My shoes are not my shoes. Somewhere I lost my shoes. A lady gave me her shoes.

UNIDENTIFIED MALE: I was in the last train. And for me, it was a very sudden incident. It started off with a little bit of shaking and I was sort of minding my own business, living my own world, listening to my iPod.

ANDERSON COOPER, CNN ANCHOR: So, you didn't actually hear anything. You're listening to music.

CALEB BONHAM, PASSENGER ON DERAILED AMTRAK TRAIN: No, I've heard reports that people have heard things. I've heard reports that people recognized like they heard a buckling sound or they saw how fast the train was going. I was sort of just dazed off and listening to my music, that sort of thing. And all of a sudden, I felt a bit of a shake and saw the computer kind of floating and I was on the other side, and it was black.

COOPER: That quick?

BONHAM: To me, it was that quick. Absolute tragedy overall, and we were very fortunate to be able to walk out. I have seen some very sad things. There were some young ladies on the train that have lost their teeth because of what happened. They were bloodied on the entire train. There were some women that were stuck on the ground and there was a group of people that were really trying to help them lift these ladies up.

(END VIDEO CLIP)

BERMAN: Unclear right now when that section of track could reopen for travel. NTSB investigators will remain on the site for about a week. Only two of the cars are at the accident site at this point. They're there for a 3D laser scan. The rest of the cars have been moved to a secure facility for more investigation.

Amtrak service suspended between New York and Philadelphia. Maybe some modified service in the Northeast, including between Washington and Philadelphia, and between New York and Boston.

Amtrak could face legal troubles from all this.

Let's bring in CNN Money correspondent Cristina Alesci with that.

CRISTINA ALESCI, CNN MONEY CORRESPONDENT: Yes, we can expect those lawsuits to come rolling in. It's still early days. But Amtrak's liability is capped at $200 million by federal law. Damages from this crash are unlikely to reach that level. Railroad accidents attorneys are actually telling us the damages are between $75 million and $100 million in death and injury claims.

Victims will have to prove Amtrak was negligent. But the bar is low here, John, because Amtrak is always expected to operate with the highest degree of safety. If it is smart, Amtrak will concede liability and start managing claims quickly to avoid a dragged out legal battle or proceedings that will undoubtedly come in the days coming, sure. BERMAN: They don't need.

Cristina Alesci, thanks so much. Appreciate it.

We will continue to follow the latest on the Amtrak crash.

Plus, the death toll is rising in Nepal's latest earthquake. Investigators are searching for a missing U.S. marine helicopter. We have new information on this search right after the break.

(COMERCIAL BREAK)

[05:12:44] BERMAN: The breaking news this morning. Investigators looking at Tuesday night's train derailment in Philadelphia are now focused on excessive speed as the cause. Officials say the train hit a curve on Philadelphia's north side, hit that curve at 106 miles per hour. More than twice the posted speed allowed there. The death toll from the crash now stands at seven. More than 200 people were injured. Eight still listed in critical condition.

We have breaking news from the Philippines. At least 67 people were killed in a shoe factory fire near Manila. Dozens more are still missing. Firefighters say they have found no survivors. Most of the victims suffocated in the thick smoke from burning rubber. It is believed that sparks from a welding project ignited chemicals that touched the fire off.

Turning to the earthquake in Nepal. The search by foot and air is finding no sign of a missing U.S. military helicopter. The crew was helping with relief efforts when it lost contact with the ground. Six U.S. marines and two service members from Nepal were on board.

I want to bring in CNN's Will Ripley who is live at the base of operations for the search in Kathmandu.

Good morning, Will.

WILL RIPLEY, CNN CORRESPONDENT: Hi, John. Behind me are Indian military helicopters that have landed a short time ago. They are awaiting instructions as they go out and search. India, the United States and Nepal have divided the search for the missing marine helicopter into three different sectors. And as you mentioned, there are some 400 Nepalese soldier also on the ground on those area, searching day and night throughout the overnight hours for this helicopter. They're also out in boats scouring the rivers in the area. Still no communication with and two Nepalese soldiers, John.

BERMAN: Will, what about the overall humanitarian situation on the ground? Are victims -- particularly victims in these new areas hit by the second quake, are they getting the aid they need?

RIPLEY: It's difficult, John, because in order to get supplies to those area, they have to be flown in on helicopters like the ones behind me. How this is working is these helicopters being loaded with food, water, medicine and other supplies. Tarps that people have some sort of shelter, because their villages were all of the houses for the most part have been destroyed.

[05:15:02] So, they fly the supplies in and they pick up the injured and they bring them back here where they get health care. But it's a very slow process and there are a lot of people in need right now. Nearly 100 people dead in the earthquake adding to 8,200 people killed and these two larger quake here in Nepal, John.

BERMAN: Bureaucracy seems to be a problem as well.

Will Ripley for us on the ground in Kathmandu -- thanks so much, Will.

A U.S. citizen is among at least five killed in a terrifying hotel attack in Kabul. Three gunmen stormed the Park Palace Guest House Hotel Wednesday, trapping more than 50 people inside. It was a five- hour standoff. At the end, Afghan special forces killed all three attackers. In just the last few hours, the Taliban has claimed responsibility for the attack. The identities of the victims have not been released.

A senior Secret Service agent implicated in the alleged drunk driving accident at the White house is retiring. Officials say that Marc Connolly, the number two agent on President Obama's protective detail, is leaving the agency. This news comes just as an inspector general report on the incident is being released. The report says Connolly and a second agent George Ogilvie had been drinking and drove through a secure area outside the White House, disrupting an active bomb investigation. Ogilvie remains on administrative leave.

President Obama hosts a summit meeting with leaders and officials from Persian Gulf countries today. The president will welcome representatives from Bahrain, Kuwait, Oman, Qatar, Saudi Arabia and the United Arab Emirate. They're going to go to Camp David for full day of talks. The Gulf nations want more weapons, more training from the U.S. military, along with an upgrade in their status to major non- NATO allies.

The House voted overwhelming to end bulk collection of phone records by the National Security Agency. The bill passed 338 to 88, with Democrats and Republicans saying they wanted to rein in the domestic intelligence program that sparked wide concern about violations of privacy and civil liberties. The bill does face a hurdle in the Senate. Some Republican leaders want to renew the NSA program either unchanged or with just minor amendments.

House lawmakers are also set to vote today on the Iran nuclear oversight bill that would allow Congress to review any final deal that the Obama administration negotiates with Iran. The Senate passed the legislation last week by a 98-1 vote. President Obama has said he will sign this bill provided there were no dramatic changes as it passes through Congress.

Relations between the U.S. and Cuba seem to keep on warming up at least a little. Top diplomats from both countries are expected to meet next week, which sets the stage for reopening embassies in both Havana and Washington. The Obama administration says the historic diplomatic transition could begin before the end of this month. The jury that convicted Dzhokhar Tsarnaev on all 30 counts in the

Boston marathon bombing is deliberating to sentence him to life in prison or death. The Tsarnaev jury got the case Wednesday following closing arguments.

Let's get the latest from CNN's Deborah Feyerick in Boston.

(BEGIN VIDEOTAPE)

DEBORAH FEYERICK, CNN NATIONAL CORRESPONDENT: Deliberations have begun. The jury now deciding the fate of marathon bomber Dzhokhar Tsarnaev.

Now, in closing arguments, both sides made three critical points.

First, the punishment. Prosecutors say that giving Dzhokhar Tsarnaev death would not be giving him what he wants, which is allegedly martyrdom. It would be giving him in their words, what he deserves.

Tsarnaev's lawyers on the other hand say that life in prison is not a lesser sentence. It is another sentence, one in which you would be locked away in a bleak environment, all but forgotten.

The second point, brother Tamerlan. Prosecutors say that nowhere in the boat note, the boat manifesto justifying what he did. Does Dzhokhar Tsarnaev ever say my brother made me do it? Tsarnaev's lawyers say that Dzhokhar grew up the invisible kid. If it were not for Tamerlan, then none of this would ever have happened.

The third issue, remorse. Prosecutors say Dzhokhar's actions immediately after the bombing when he went to buy milk show he was not and is not remorseful. But Tsarnaev's lawyers say in the past two years, he has grown. He is sorry. He is remorseful.

And Tsarnaev's lawyers made the key point, there is no law that requires that death be imposed. It is now up to the jury, the judge making clear that this is an individual decision that each of the jurors will have to make -- John.

(END VIDEOTAPE)

BERMAN: Deborah Feyerick for us in Boston.

Nineteen minutes after the hour.

Patriots quarterback Tom Brady has less than 12 hours to appeal his deflategate suspension. So, will he come out fighting?

Andy Scholes has the latest from the bleacher report next.

(COMMERCIAL BREAK)

BERMAN: It is a fabulous morning for New York's sports fans. The Rangers going back to the eastern conference finals. I've got to say, the Capitals never had a chance.

Andy Scholes with the highlights from the game seven thriller.

Hey, Andy.

ANDY SCHOLES, CNN SPORTS CORRESPONDENT: Hey, good morning, John.

You know, some people say there is nothing better than in sports than the game seven in Stanley Cup playoffs. Boy, we have a good one last night at Madison Square Garden. The Rangers trying to complete the comeback after being down 3-1 to the Capitals. This was a very physical game for 60 minutes. It would go to overtime tied at 1.

In the extra period, off the rebound, Derek Stepan puts it in. Rangers win a thriller. They're now going to faceoff against Tampa Bay in the eastern conference finals.

NBA playoffs, John Wall returning against the Hawks with five fractures in his left-hand. He plays really well despite the injury. Check out the steal and over the head pass to Bradley. Hawks had a two-point lead in the closing seconds when Paul Pierce knocks down the corner three, puts the wizards up by one. Hawks with last one chance. Dennis Schroder has taken the ball to the hole. He misses it, but Al Horford gets the rebound and puts it back in. Hawks win, 82-81. They take a 3-2 lead in the series.

Scary moment at the Indianapolis 500 practice round. Three-time winner Helio Castroneves loses control and flips before landing back on its wheel. Check out the view from inside the car. Amazingly, Helio wasn't hurt. He was checked out and released. Back on the track later in the day. The 99th running of the Indy 500 is next Sunday, May 24th.

[05:25:04] Tom Brady is expected to officially appeal the suspension today before the 5:00 p.m. deadline. Brady is going to have a super team of lawyers working to get his suspension overturned. Jeffrey Kessler is hired by the players association to represent Brady. Kessler, he's got a stellar record against the NFL in cases like this. He represented Adrian Peterson and Ray Rice, the Saints players that were involved in bounty-gate. He won all of those cases and getting suspensions overturned or in some cases lessened.

Now, ESPN's Adam Schefter, you're going to like this, John, Schefter says Brady's lawyers are so good that he predicts that Brady is not going to miss one game.

BERMAN: It's going to be an ugly fight, though. I don't think anyone comes out of this looking good, one big good. That goes for the NFL. That goes for the Wells report. That goes for the Patriots and Tom Brady. No one looks that good.

Thanks, Andy. You look good though, every morning.

SCHOLES: Thanks.

BERMAN: All right. Twenty-five minutes after the hour.

We have new information about the engineer of the Amtrak train that derailed. What he says he does and doesn't remember about the deadly crash. That's next.

(COMMERCIAL BREAK)

BERMAN: Speeding out of control as it flew off the rails. New information as to what might have caused the deadly Amtrak crash. This morning, what the engineer is and is not saying. We also have new information about the victims and what investigators might have prevented this tragedy.

Welcome back to EARLY START, everyone. I'm John Berman. About 30 minutes after the hour right now. Christine Romans is off this morning.