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Early Start with John Berman and Zoraida Sambolin

Train Hit 106 MPH Before Derailing; Deadly Shoe Factory Fire Near Manila; No Sign of Missing U.S. Helicopter; Life or Death for Dzhokhar Tsarnaeve? Aired 4-4:30a ET

Aired May 14, 2015 - 04:00   ET

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

[04:00:14] 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 conductor is and is not saying this morning.

We have new information about the victims and how available technology might have prevented this tragedy.

Good morning, everyone. Welcome to EARLY START. I'm John Berman. It is Thursday, May 14th, 4:00 a.m. in the East. Christine Romans is off today.

The investigation into the crash of Amtrak train 188 in Philadelphia is focused this morning on speed. The National Transportation Safety Board has recovered the black box from the wreckage. NTSB officials say the Washington to New York train hit a tight curve on Philadelphia's north side, traveling more than twice the posted speed limit of 50 miles per hour. More than 100 miles per hour it was traveling at the time.

The engineer now identified as Brandon Bostian of New York slammed on the emergency brakes seconds before the engine and seven cars derailed. At least seven people died in the crash. More than 200 people were injured, eight victims in critical condition.

Let's get the latest on the investigation and go to CNN's Brian Todd.

(BEGIN VIDEOTAPE)

BRIAN TODD, CNN CORRESPONDENT: John, here's how the investigation is proceeding this morning. The NTSB telling us, of course, they are combing through the wreckage. They're looking at the sections of cracks involved, the signals, the mechanism involved. And what they're already saying is that a key component in this crash was speed. This train they say was going more than twice the rate of speed it should have been going. The speed limit at that section of the track, at that curve, was 50 miles an hour. This train was going 106 miles an hour. So, that was a key component.

Another thing they are telling us is that this section of the track near Philadelphia did not have positive train controls. That is an expensive piece of technology, but it's been mandated by Congress to be placed on all rail lines in the United States by the end of 2015. It was not placed in this section of the track near Philadelphia.

What is positive train control? It's an automatic override system that's designed to warn the engineer if the train is too fast for a certain section of track. If the engineer does not heed that warning, then the computer system on-board the train kicks in and stops the train. That was not placed in this portion of the track. And the NTSB is already saying that if it had been, this crash may well not have happened.

We are also learning the identity of the engineer. He's 32-year-old Brandon Bostian of New York. What we're told is that he made an initial appearance before the Philadelphia police, gave them a short statement, but then left.

The police brought him back for further questioning. He had an attorney with him. He did not want to speak at that time. And the NTSB has said that they have not spoken to the engineer Brandon Bostian. So, that is something that they'll be looking to do, of course, in the days and weeks ahead as this investigation proceeds -- John.

(END VIDEOTAPE)

BERMAN: All right. Our thanks to Brian Todd for that.

The lawyer for Brandon Bostian, the train's engineer, says his client has no memory of the crash itself and, quote, "no explanation for what happened." Attorney Robert Goggin tells ABC News that Bostian voluntarily turned over his cell phone and a blood sample to investigators. Bostian has declined to make a formal statement to police.

Philadelphia Mayor Michael Nutter is placing the blame for the derailment squarely on Bostian's shoulders, a conclusion the NTSB team leader on the site 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 has been with Amtrak for nine years, first as a train conductor before becoming an engineer in 2010.

Of the seven known dead in this 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 here in New York. Rachel Jacobs, a small tech company CEO, Wells Fargo executive Abid Gilani.

[04:05:00] And 20-year-old U.S. Naval Academy midshipman Justin Zemser, who his family grieved for him yesterday

(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. Minnesota chemical company executive Robert Gildersleeve. His family says he boarded the train, but so far, his whereabouts are unknown.

When those seven cars derailed, some of those train cars were left standing almost upright. Others were torn nearly to shreds by the force of the crash. What happened to passengers inside of the compartments really varies just as much. Scores of people were able to walk away. Others describe scenes that are just awful.

(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.

UNIDENTIFIED MALE: 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?

UNIDENTIFIED MALE: 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: Still unclear at this point when the section of track could reopen for travel. NTSB investigators say they will probably remain on the site for about a week. Only two of the cars remain at the accident site. They are there for a 3D laser scan. The rest of the cars have been moved to a secure facility where they will be investigated further.

Amtrak service is suspended between New York and Philadelphia. There were some modified service that will allow passengers travel in the Northeast, including between Washington and Philadelphia and between New York and Boston.

As for Amtrak, the company, it could face a lot of legal trouble.

CNN Money correspondent Cristina Alesci is here with that.

CRISTINA ALESCI, CNN MONEY CORRESPONDENT: Yes, it's still early. But expect those lawsuits to start piling up. Amtrak liability is capped at $200 million by federal law. Damages from this crash are unlikely to reach that level. Railroad accident attorneys expect $75 million to $100 million in death and injury claims.

Victims will have to prove Amtrak was negligent. But the bar is pretty low because the Amtrak is always expected to operate with the highest degree of safety. If it's smart, Amtrak will concede liability and start managing claims quickly to avoid expensive dragged out legal proceedings. Same with airline crashes, it's always better to get these done quickly.

You can limit the amount of money that you actually end up paying out overall. BERMAN: Those families will have to deal with it.

Cristina Alesci, thanks so much. Appreciate it.

We're going to continue to follow the latest on this crash all morning long. Plus, the death toll is rising in the latest earthquake in Nepal as investigators search for missing U.S. marine helicopter. We have new information on this right after the break.

(COMMERCIAL BREAK)

[04:12:48] BERMAN: The breaking news this morning. Investigators looking at the train derailment in Philadelphia are now focused on excessive speed as the cause. Officials say the train hit a tight curve on Philadelphia's north side at 106 miles per hour. That is more than twice the posted speed that is 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. That happened near Manila. Dozens more still missing at this point. Firefighters say they have found no survivors. Most of the victims suffocating in the thick smoke from burning rubber. It is believed that sparks from a welding project ignited flammable chemicals, which touched off the fire.

An American citizen is among five killed in a hotel attack in Kabul. Three gunmen stormed the Park Palace Guest House Hotel Wednesday, trapping more than 50 people inside after a five-hour standoff. Afghan special forces killed all three attackers. In just the last few hours, the Taliban claimed responsibility for the attack. The identities of the victims not yet 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 or by 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 are seeking more weapons and training from the U.S. military, along with an upgrade in their status to major non-NATO allies.

[04:15:00] 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 determined 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 would 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. An Obama administration official says the historic diplomatic transition could begin before the end of this month.

Let's go back to Nepal right now and talk about the earthquake there. There's a desperate search by foot and by air that's 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 go to CNN's Will Ripley who is at the base of operations for the search in Kathmandu.

Good morning, Will.

WILL RIPLEY, CNN INTERNATIONAL CORRESPONDENT: John, this search continues in force right now. The Americans are coordinating the effort. We just spoke with a Nepali search coordinator who said the search is divided in three different sectors. The Americans handling one, the Nepalese handling another and India is also involved right now.

I want to show you live picture. In just a moment, we can hear it coming. There is a U.S. military Osprey. We have seen a number of the aircraft. In fact here, let's zoom in right here and you can see it coming. They have been coming in throughout the afternoon here as we have been monitoring the search.

This is a very intense and urgent effort to find these missing U.S. marines and Nepalese on the helicopter. After a day and a half of searching, we are going into the third day that this helicopter has been missing and still no visual contact, no radio communications or satellite telephone telecommunications with the crew.

It's very stressing for the search coordinators who have been unable to figure out exactly what has happened here. But they're trying to remain optimistic.

In addition to the aerial assets right now, there are 400 Nepalese soldiers there on the ground. They're hiking through very difficult terrain. They're also on boats trying to scour the rivers in the area where they believe the helicopter disappeared. Very deep water in those areas, John.

So, while they haven't found anything yet, they're hopeful that perhaps in the coming hours, while there is still sunlight and so many assets devoted to this search, they will have answers to the families of these missing marines -- John.

BERMAN: Answers that are so badly wanted.

Will Ripley, so many problems and complications in Nepal right now. This is just one more thing on top of it all. Thank you, Will.

The jury that convicted Dzhokhar Tsarnaev on all 30 counts of the Boston marathon bombing is now delivering whether to sentence him to life in prison or death. The jury got the case on Wednesday following closing arguments in the sentencing phase.

Let's get more 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: All right. Deborah Feyerick for us in Boston. That could come anytime today, that decision.

[04:20:03] New information this morning on why an Amtrak train flew off the tracks in Philadelphia. Why investigators knew from the start that this train must have been speeding. I'll tell you about that, next. (COMMERCIAL BREAK)

BERMAN: The latest now in the deadly Amtrak train derailment in Philadelphia. Federal investigators have now recovered the black box recorder from the wreckage. The New York-bound train was traveling about 100 miles per hour when it derailed. It was going more than twice the posted speed limit.

The engineer, Brandon Bostian of Queens, has no recollection or says he has no recollection of the crash. That's according to his attorney.

CNN's Tom Foreman in the CNN virtual studio has more on this investigation.

(BEGIN VIDEOTAPE)

TOM FOREMAN, CNN CORRESPONDENT: The reason investigators knew they had to look at excessive speed early was things like this, this surveillance video, which we've all seen. If you look up there when the trains rushing past, you know the size of the locomotors, the size of some of the cars, and compare them to a fix point, you can calculate the speed. It was clear that just 200 yards short of the point of impact, it was going faster than it should have been.

Let's explain why, and I'll bring in the model of the train. The locomotive on the train like this is extremely heavy, about 97 metric tons. That's pushing up toward a quarter million pounds. If it's traveling 50 miles an hour as it should have been here, all of the physics work out fine.

[04:25:00] Yes, there is force toward the outside of the curve just as there would be in a car if you went around the corner quickly. But it's all balanced out.

Push this up to 100 miles an hour, and that force becomes much greater. Now, maybe up here, with a low center of gravity, very heavy amount of weight sitting low, it doesn't tip over. But not necessarily the same back there.

Go back to the passenger cars, and that's where we had passengers describing the feeling of flying up off the rails. We know that is possible because of the different center of gravity and because we have seen it before in Spain. This train was supposed to be going 50 miles an hour, it went over 100, and look how it slings the passenger cars off behind it, and the locomotive gets pulled aside as well.

All of that is why investigators knew that they had to look at the possibility that this train was just going too fast.

(END VIDEOTAPE)

BERMAN: All right. Our thanks to Tom Foreman for that.

We do have new information this morning about the engineer of the Amtrak train. What he now says and doesn't say and what he remembers and says he doesn't remember about this deadly crash. That's next.

(COMMERCIAL BREAK)

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

Welcome back to EARLY START, everyone. I'm John Berman. About 30 minutes after the hour right now.

The investigation into the crash of Amtrak train 188 in Philadelphia is focused this morning on speed. The National Transportation Safety Board has recovered the black box from the wreckage.