have capacity to spy on you and me but some of america's most powerful allies. the most talented player, brett favre. he spent 20 years on the field playing 321 straight games before retiring. he's the league's all-time leading passer, known for toughness. now in an interview with espn radio, favre who is 44 revealed he's suffering memory problems. here is what he said. >> i don't remember my daughter playing soccer, youth soccer one summer. i don't remember that. now i got a pretty good memory, and i have a tendency like we probably all do, you forget where is my glasses and they are on my head. i have that but this was socking to me one summer and remember

playing basketball and volleyball and i think she played like eight. so that's a little bit scary so the first time in 44 years, that put a little fear in me. >> i can understand why. for a pro footballer memory lapses can be a sign of a devastating disease found in the brains of many athletes that suffer repeated hits to the head. there is no cure and not just professional athletes at risk. dr. sanjay gupta has done extensive reporting on what researchers are learning from the brains of athletes that died. >> reporter: he runs the world's largest brain bank, a project between the veterans administration and boston university. i first met her several years ago when she began finding evidence in the brains of deceased nfl players of unnatural protein deposits, the same found in alzheimer's patients.

it's a progressive deagaintive disease which leads to dementia and alzheimer's-like symptoms but they are usually found in people in their 80s, not their 40s. >> what we're seeing here, is this definitely caused by blows to the head? >> it's never been seen in any reported case, except in a case of repeated blows to the head. >> reporter: under the microscope. >> that's very obvious, doctor. >> reporter: we saw taletale signs. did this surprise you? >> it did. >> reporter: that's amazing, 17 years old. >> 17. >> 17-year-old. the scientific evidence piles up, public awareness is growing and outrage and in august, thousands of former football players and families reached a 765 million dollar settlement the nfl after saying the league didn't warn players enough. he joins a growing number of pro athletes that have gone public with memory problems. dr. sanjay gupta joins me and

rachel nickels who -- excuse me, whose new program understand guarded debuts tonight. >> sanjay, brett favre's symptoms like memory loss, are they the beginning of a more serious condition? >> we can't say that definitively. it's known as chronic traumatic -- cte with other brain related diseases like parkinson's disease, als, but the concern is that if it's memory loss that's related to cte, it could develop into more full blown cte which includes things like mood problems, anger problems and that's what some players have developed. i'm sure that's what they are thinking but that's by no means definitive. >> do the symptoms improve or continue to deteruate? >> if it is cte and again, we don't know for sure, they would continue. as far as we know and this is

still pretty early science, players tend to have progressive symptoms, i've seen some brains of players that have cte and looks almost like an alzheimer's disease. the memory loss is a classic symptom of that. >> it is incredible playing 321 straight games, what kind of a player is he? >> i was on the sideline for more of the games than most and the most remarkable thing about brett favre is iron man, attitude streak, whatever is wrong, put a band-aid on it, go back on the field and play. team may wants loved that. he was braised for that over and over and the fact that that could be one of the things that leads to him having problems later in life is one of the big paradoxes of the nfl these days. >> sanjay, i mean, he was obviously quarterback. are there specific player positions that are more susceptible to brain injuries? >> there seems to be. these so-called speed players like quarterbacks, like running backs tend to be more susceptible to this and if you look at the data across the

board, they are about three times more susceptible. it could be the number of hits they take, blows, as well as the force of those blows that puts them at higher risk, but, yeah, definitely. >> the nfl just settled out of court for $765 million for medical issues. some players feel that's not enough. >> yeah, i mean, there are definitely people who say great, you shut everybody up for a little bit but what about the players now still playing and the guys that are suffering, sounds like a lot of money but when you talk about a $9 billion business and split that up, was this the thing the nfl wanted to quiet everybody down and go about their business, or is this the kind of problem that no matter what the settlement would have been, goes way beyond the court system, goes to the fabric of the game. will we be able to solve this when americans love watching guys hit each other really hard? >> what is the solution, really?

short of not playing the game, it doesn't seem like any amount of padding or whatever is going to -- i mean, certainly players are more aware than before. >> the attempt right now is to change the way guys hit each other. you can't lead with your head anymore when you go after a player. they are changing the target zone, which is what they call it but other players say hey, that makes us more susceptible to knee injuries and players reporting damage. brett favre said many times, i can't tell you how many concussions i had. he didn't want to tell anybody if he was feeling wooz see because he didn't want to come out of the game. we saw alex smith said he had a concussion because we have new concussion protocols, he sat out because he had a concussion ask lost his starting job to colin kaepernick. you're basically telling these guys they have an economic disincentive to say when they are hurt. >> it's a brutal business to be in this game, they don't want to

sit out. they don't want to end careers early. >> this is the on window to make money. the average nfl career is three to six years. >> sanjay, are football players in college and high school also susceptible to these injuries? >> they are. there is no doubt the force of the blows are pretty significant even at the high school level these players are getting so big even in high school, but also, you know, the younger person's brain maybe more vulnerable because it's developing in many ways, really into your mid 20s so higher risk for both those reasons and if they continue to play on, its the life span, career span of taking these hits is prolonged, as well. >> tough thing to figure out how to solve it. sanjay, thanks very much, rachel thanks. >> thank you. as i said, racehel nickels will be back. tonight she'll show us a side of lebron james that few have ever seen. she traveled with him to china to watch him in action off the

court. it's the first time he's allowed cameras on this kind of a trip coming up at 10:30 east earn tonight. follow me on twitter. let's tweet using hash tag 360. newly released documents in the still unsolved 1996 murder of jonbenet ramsey. we'll look at the case and what the documents reveal. ahead, diplomatic shock waves by edward snowden that diplomatic spies are spying on the united states including its own allies.

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here we go. thank you. he took my shield, my lady. these are troubling times in the kingdom. more discounts than we knoweth what to do with. now that's progressive. 20 minutes from now tune in for the fascinating film "blackfish" about the whale that killed trainer dawn. >> there is something absolutely amazing about working with an animal. you are a team, and you build a relationship together, and you both understand the goal, and you help each other. >> i've been with this whale since i was 18 years old. i've seen her have all four babies. we've grown up together. >> that's the joy i got out of it is just is a relationship like i've never had.

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for months, years. the murder of jonbenet ramsey. documents showed a colorado grand jury voted to indict john and patsy ram si to their daughter's death. that was back in 1999. the same year the da decided there was not enough evidence to file charges after all. to this day her murder is an unsolved case, a case that shocked the country when the father found the 6-year-old dead in the basement of their house in 1996. here is what john ramsey said back in 200. >> i took the tape off her mouth and tried to untie her arms. they were tightly bound. i couldn't get it undone. i picked her up and screamed, and screamed the scream you scream in a dream when you try to speak but you can't. it's just a scream. >> in a moment i'll speak with jeff toobin about what exactly the newly released documents mean, but first, randi kaye has a look back. >> reporter: the first clue jonbenet ramsey may be in

danger, this ransom note patsy ramsey says she found on the back staircase of their boulder, colorado home. it is the day after christmas, 1996. the chilling note is addressed to john ramsey from someone claiming to represent a small foreign faction. the note demands $118,000, and threatens the immediate execution of their daughter. >> i immediately ran back upstairs and pushed open her door, and she was not in her bed, and i screamed for john. >> reporter: the couple waits hours, but the call to arrange the ransom exchange never comes. a boulder police detective tells john ramsey to search the house, including the basement. >> four concrete wall room. i knew instantly when i opened the door that i had found her. >> did you know she was dead?

>> i didn't. i had this rush of just thank god i found her. her hands were tied. she had tape over her mouth. i removed the tape immediately. >> reporter: the 6-year-old beauty queen has a cord wrapped around her throat held by a paint brush from patsy ramsey's hobby kit. an autopsy shows her skull is fractured and evidence of a sexual assault is inconclusive. days later, the ramseys issue this warning. >> i will tell my friends to keep -- >> it's okay. >> keep your babies close to you. there is someone out there. >> reporter: but who? there are no signs of forceden triat the family's home leading detectives to wonder about john and patsy ramsey, even about their 9-year-old son burke.

all of them give hair and blood samples to police but a year later, december 1997, they are still not cleared. >> they do remain under an umbrella of suspicion but we're not ready to name suspects. >> reporter: we're learning two years later a grand jury indicts john and patsy ramsey for child abuse resulting from death, an accessory to the murder but then district attorney alex hunter chooses not to charge the couple. >> we do not have sufficient evidence to warrant the filing of charges against anyone who has been investigated at this time. >> reporter: dna evidence from the scene is entered into the fbi data base in december 2003. then three years later, an arrest. 41-year-old john mark car, an elementary schoolteacher with three sons is arrest in bangkok

thailand after claiming he was present when jonbenet died. he said he loved her and her death was an accident. car was isn't charged after dna tests confirm he isn't a match. two years later in 2008, new dna analysis clears the ramsey family for good. the boulder county district attorney formally apologizes in a letter to john ramsey for the cloud of suspicion his family has lived under for 12 years. the apology comes too late for patsy ramsey who died of ovarian cancer in 2006. she's buried in a cemetery near atlanta next to her daughter. randi kaye, cnn new york. >> such a bizarre case. joining me now live, cnn senior legal analyst jeffrey toobin and tom foreman. what does this mean? clearly, this will renew cloud of suspicion, right? >> i don't think so for one reason. that dna test that exonerated

the ramseys came after '99 and before 2008. so the grand jury, when they made this decision to indict didn't have that information in front of them, so i think it's unfair for people to conclude that based on all the evidence, the grand jury thought there was at least probable case they were guilty of something. the grand jury did not have all the evidence that exists now. >> tom, you covered this case extensively based in colorado. the charges recommended, accessory to murder and child abuse resulting in death, that does mean, though, a majority of the jurors thought the ramseys were somehow involved in her murder. >> this is where i differ a bit with jeffrey on this. the grand jurors saw something here. they felt something was going on and that's why they reached this conclusion and this dna, this touch dna that cleared the ram sis according to the district attorney in 2000 this was virtually known at the time this crime took place and since then, a lot of forensic scholars

talked an awful lot how you collect these fine samples of cells and keep them from being contaminated and process them. the boulder police department were highly criticized for the general police work they did let alone specific work like that. >> it is extraordinary, jeff, that this has not been solved, that there has not been real progress on this case. do you -- are there more documents to come out? >> i don't think there is anything more to come out. the thing -- oh, yes, there is more to come out. the full record of the grand jury, the evidence of what people testified to the grand jury has never been released. what was released only today was the last page of the draft indictments. so we don't even know what other charges might have been in those indictments. so potentially, if the grand jury material would come out, we would know more, but, you know, what makes this case so compelling is so much evidence is out there.

>> right. >> and it's so -- it does seem incriminating. there were no signs of false entry. the paint brush that was patsys, that bizarre, bizarre note that was -- included information -- >> the amount of money asked for in the thing was the same as a bonus that john ramsey had gotten. >> right, and it was written on a pad already in the house, so if it was an outsider, the outsider would have had to write the ransom note inside the house which seems extremely likely. >> tom, do you think this case will ever be solved? >> i dodge think it will. i think it's too far gone at this point. anderson, there is a paradox here that really is quite terrible. either some people lost their daughter and they had nothing to do with it, or they had something to do with it and they got away with it. either one of which is terrible, terrible to contemplate when you think about a 6-year-old girl being killed in her house on christmas night and the impact

on everybody. >> if it was somebody outside the house, somebody else must know. there must be -- >> that's right -- >> cold cases do get solved. >> cold cases do get solved and there could be a -- some sort of cold hit on the dna that was collected, but i mean, i do agree with tom at this point the chances are overwhelming, the odds are overwhelming that it will never be solved and worth remembering today jonbenet ramsey would be 23 years old. >> startling. tonight a serious twist in the spy game, how the white house is handling claims the nsa spied not just on adversaries but allies, as well. what leaders of traditionally close friends of this country are saying about the revolution, which happens to be the latest bombshell from edward snowden. : help the gulf recover and learn from what happened so we could be a better, safer energy company. i can tell you - safety is at the heart of everything we do. we've added cutting-edge technology, like a new deepwater well cap

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the obama administration doing damage control after claims they spied on closest allies. listen to back when he was first running for president. >> true partnership and true progress requires constant work and sustained sacrifice. they require sharing the burdens

of development and diplomacy of peace and progress. they require allies who will listen to each other, learn from each other, and most of all, trust each other. [ applause ] >> today, the trust between him and germany's chancellor is being tested by the publication of another document by edward snowden and shows the nsa encouraged the white house and pentagon to share phone numbers to listen in on them. today without confirming if in fact the usa did spying on merkle or leaders, the french president and her said the surveillance could jeopardize their corporation with the u.s. on intelligence gathering. >> translator: we have an on going dialogue with the americans regarding both the past what's been done, but it should also and most importantly deal with the present and the

future. >> translator: words will not be sufficient through change if necessary. >> they went on a offer a way out proposing talks to set groundwork and germans offering to send a delegation of experts to work things out. jim shutto. >> she said they will be sending a delegation to the u.s. to talk to the u.s. about this. in effect, try to put it behind these two countries that are close allies but the fact she's making this trip or sending this delegation over means she believes they need to discuss it and set rules going forward for what's acceptable and what's not acceptable. both sides they know they spy sometimes but clearly the extent and scale has gone too far for many of the close's allies. >> and the white house in damage control mode. >> they are now a very public of ed now in usa today by the homeland security advisor.

in effect, the white house acknowledging there is over reach in nsa surveillance and words we will ensure to collect information because we need it and not just because we can. clearly, the president is saying i want you to limit this in someway. >> the"the washington post" say there is revelations to come. >> what is crucial here, corporation on intelligence with some of our friends who are not publicly allied with the u.s. so it's not the europeans but countries where it's arguably going to be more dangerous to be revealed they are cooperating with the u.s. and in particular, on countries system of the biggest targets of intelligence operations, russia and iran. >> thanks. let's get caught up in other stories. susan hendrix has the bulletin. new details on the case of the murdered teacher north of boston. manager of music teacher said

14-year-old chism sat in with everybody else after allegedly killing his algebra teacher. colleen ritzer will be laid to rest on monday. a 360 follow, dna tests prove a roma couple in boll ger ya are the parents of a girl known as maria seized from another roma couple in greece. she says they gifted her without money years ago. it's unclear what will happen to maria. she's in the care of a greek children's charity right now. united airlines is facing a record 1.1 million dollar fine for long tarmac delays. 13 united flights were stuck at chicago's o'hare during one day in july of 2001 for up to 4.5 hours due to severe thunderstorms. how about this one? metallica will rock on october th. ten contepss winners will get a cruise to the south pole for

this truly cool concert. neat. >> intimate concert. that does it. thanks very much for watching. now an encore or the film "blackfish" starts right now. orange docounty fire rescue? >> 6600 sea harbor drive, sea world stadium. >> okay. >> we actually have a trainer in the water with one of our whales, the whale they aren't supposed to be in the water with.

>> okay. we'll get somebody in route. >> gate number three sea world stadium. >> gate three. >> orange county sheriff's office. >> we need a respond to a dead person at sea world. a whale ate one of the trainers. >> a whale ate one of the trainers? >> that's correct. ♪ ♪ do you believe? >> my parents first brought me to a sea world park when i was very young. from that point forward, i was hooked. it meant everything to me because, you know, i never

wanted anything more. >> i remember, you know, being probably in first or second grade watching national geographic specials or specials and seeing whales and dolphins and as a little kid, just being really incredibly inspired to it. i never went to sea world. i grew up in new york so i went to the bronx zoo. >> grew up on a lake with horses, swim the horses. >> i grew up around the ocean. >> i came from the middle of the country in flat land kansas. >> from virginia traveled down, did the theme park thing in orlando when i was 17. and saw the night show at shamu stadium, popular stadium music, and i was driven to want to do that. >> and i saw what the trainers did. and i said "that's what i want to do." >> one of the trainers there, he goes "what are you doing out there?" you should be a trainer.

i said "i don't know how to train animals." i've never trained animals in my life. >> how do you prepare yourself with an encounter with an 8,000 pound orca. >> i thought you needed a masters degree in marine biology to be a trainer. >> it takes years of study and experience to make the strict requirements necessary to interact in the water with shamu. >> come to find out, it really is more about your personality and how good you can swim. >> i went and tried out and got the job right away. i was so, so excited. >> i really wanted to be there. i really wanted to do the job. i couldn't wait to get in the water with the animals. i really was proud of being a sea world trainer. i thought this was the most amazing job. >> i showed up there on my first day not really knowing what to expect. i was told to put on a wet suit and get in the water. >> hi, mom. >> i was scared out of my whits. >> first of all, i put my wet suit on backwards because i was raised on a farm in virginia. my first thought and memory of that time was that dolphins are a lot bigger than they look when

you get in the water next to them. >> well, i watched this show and this guy mike moracco, he comes out during the show with a dress on, as dorothy in a dress with the sea lion, the coward sea lyon and walking along with a basket and go i will never ever do that, you know. two months later, hi, i'm dorothy. walking out on stage with the sea lion. >> i was overwhelmed and i was so excited. i mean, just seeing a killer whale is breathe taking. >> i was just in awe. it's shocking to see how large they are and how beautiful they are. >> being, you know, in the presence of the killer whales

was just inspiring and amazing and i remember seeing them for the first time, not just being able to believe how huge they were. you're there because you want to train killer whales and that's your goal. i didn't know it was going to happen, so i wasn't expecting it and one day they say okay, sam, you're ready to go. you're going to stand on the whale, you're going to dive off the whale. the whale will swim under you and pick you up again and you'll do a perimeter ride around the pool. they just told me to go do it and i did it. wow, i did -- i just rode a killer whale. >> when you look into their eyes, you know somebody is home. somebody is looking back. you form a very personal relationship with your animal. >> there is something absolutely

amazing about working with an animal. you are a team. and you build a relationship together, and you both understand the goal, and you help each other. >> i've been with this whale since i was 18 years old. i've seen her have all four babies. we've grown up together. >> that's the joy i got out of it is a relationship like i never had. >> i have to know, are you nervous? >> i'm scared. >> no. >> nice hair, jeff. [ laughter ] >> jeff ventre will go over there. >> don --

>> that's dawn. >> wow. >> i knew dawn when she was new. she was a great person to work with and she obviously blossomed into sea world's best trainers. this is dawn brancheau, the senior trainer here. >> i guess you can say i knew dawn in a past life. >> it a tough job, isn't it? >> we do go through a lot of physical exertion. you do a lot of deep water work, breath holds, high-energy behaviors with the an ma'ams. they are giving out energy, too, but we're working together and having fun. >> she's beautiful, blonde, athletic, friendly, everybody loves dawn. >>. >> i mean this so sincerely, watching you perform yesterday, you are amazing. >> thank you. >> you really are. >> she captured what it means to be a sea world trainer. she had so much experience that it made me realize what happened to her really could have happened to anyone.

>> this is detective rivera with the orange county sheriff's office. in the room with me is thomas george tobin, is that correct? >> correct. >> did you see any blood in the water or anything like that? >> she was scalped, and there was no blood. >> okay. >> so pretty much we knew then the heart wasn't beating. >> once they were able to pull her away, how did he let go? >> he didn't. >> he never let go of the -- >> of the arm. >> he swallowed it. >> so the arm is nowhere -- >> right. >> on behalf of the federal government, he is basically suggesting that swimming with orcas is dangerous and you can't predict the outcome when you enter the water or their environment.

>> the crux of the case, stay out of the proximity of the animals and you won't get killed. >> it will have a ripple effect through the industry. this was national news. >> sea world whale performances may never be the same. >> right now the theme park is arguing in court to keep the whales in the water. >> these are wild animals and unpredictable because we don't speak whale. we don't spring whale, tiger, a we don't speak monkey. >> tempers flared when osha's attorneys suggested sea world only made changes after dawn brancheau's death. outrage the public. >> osha doesn't want the trainers going back in the water without a physical barrier between them and the whales. >> being in close proximity between them is dangerous. >> they won't get on the water, riding, things like that? >> if you were in a bathtub for 25 years, don't you think you would get a little irritate, aggravated, maybe a little psychotic? >> the situation with dawn

brancheau didn't just happen. it's not a singular event. you have to go back over 20 years to understand this. >> it was a really exciting thing to do until everybody wanted to do it. >> what were they telling you you were going to do? >> capture orcas. >> they had aircraft, spotters, speedboats, they had bombs they were throwing in the water. they were lighting their bombs with a settling torches and their boats and throwing them as fast as they could to heard the whales into codes. but the orcas had been caught before, and they knew what was going on, and they knew their young ones would be taken from them so the adults without young

went east into a cul-de-sac and the boats followed them thinking they were all going that way while the mothers with babies went north but the capture teams had aircraft, and they have to come up for air eventually, and when they did the capture teams alerted the boats and said no, they are going north, the ones with babies so the speedboats caught them there and herded them in. >> and then they had fishing boats with same nets that would stretch across so none could leave, and then they could just pick out the young ones. >> we were only after the little ones, and the little ones, you know, big animal still, but i was told because of shipping costs, that's why we only take the little ones. >> they had the young ones that

they wanted in the corrals, so they dropped the same nets and all the others could have left but they stayed. >> they were trying to get the young orca in the stretcher and the whole family is out here 25 yards away maybe in a big line communicating back and forth. well, you understand then what you're doing, you know. i lost it. i mean, i just started crying. i didn't stop working, but i, you know, just couldn't handle it. just like kidnapping a little kid away from a mother. everybody is watching, what can you do?

but the worst thing i could think of, you know, i can't think of any worse than that. you know, this really sounds bad but when the whole hunt was over, there were three dead whales in the net, and so they had peter and brian and i cut the whales open, fill them with rocks and put anchors on the tail and sink them. well, really, i didn't even think about it being illegal at that point. i thought it was a p.r. thing. >> they were finally ejected from the state of washington by a court order in 1976. it was sea world by name that was told do not come back to washington to capture whales.

without missing a beat, they went from washington to iceland and began capturing there. >> part of revolution and two change of presidents in central and south america and seen some things that it's hard to believe, but this is the worst thing that i've ever done is hunt that whale.

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sea land has been a part of victoria for over 20 years. we specialize in the care and display of killer whales. >> by the time i started he was four, he was up to 16 feet long and weighed 4,000 pounds. i had actually seen tilikum quite a number of times. he was right across the street here in victoria.

all sea land was was a net hanging in a marina with a float around it. tilikum was the one we really loved to work with. he was very well behaved and he was always eager to please. >> when he was first introduced, everything went fine and dandy but the previous head trainer used techniques that involved punishment. he would team a trained orca with tilikum who was untrained and send them to do the same behavior. if tilikum didn't do it, both animals were punished. deprived of food. kept them hungry. this caused a lot of frustration with the larger animal, established animal and would in turn get frustrated with tilikum and rake him with his teeth. >> there would be times during certain seasons that tilikum would be covered head to toe with rakes. rakes are teeth on teeth and raking the skin you could see blood and scratches and he would just be raked up. >> both females would gang up on

him. tilikum was the one we trusted. we never were concerned about tilikum. the issue really was we stored these whales at night in a modular which was 20 feet across and probably 30 feet deep. as a safety precaution because we were worried about people cutting the net and letting them go and no lights out. so there is no stimulation, just in a dark metal 20 foot by 30 foot pool for 2/3rds of their life. >> when we first started, they were quite small and quite young so they fit in there quite nicely, but they were immobile for the most part. >> it didn't feel good. it just didn't. and it -- it was just wrong. >> we started having difficulty getting them all into this one small steel box, to be honest. that's what it was. it was a floating steel box. >> that's where food deprivation would come in.

we would hold back food and they knew if they went in the modular they would get food so if they were hungry enough they went in there. >> during the winter, that would be 5:00 at night until 7:00 in the morning. >> teeth rakes and blood. >> closing that door on him and knowing that he's locked in there for the whole night is like -- it's a stab. it's whoa. >> if that is true, it's not only inhumane, and i'll tell them so, but it probably led to what i think is a psychosis that he was on a hair trigger. he would kill. >> an employee is dead after an encounter. >> at a canada park called sea land of the pacific.

>> the victim keltie was a championship swimmer and a part-time worker at sea land. >> as scene in this home video, rescuers used a huge net. >> efforts were hindered by the agitated whales. >> i would like to use this summer but my more immediate goal is to swim fast at nationals. >> it was sort of a cloudy gray day, and we were looking for something to do, so we thought why not go to sea land? it was kind of like this dingy pool with whales. >> it just felt a little bit like an amusement park kind of on the last legs and everything was gray. >> yeah, it was like a swimming pool. >> yeah. >> three whales in a swimming pool. >> yeah. and they would come up and touch the ball, and there was -- i think there was some tail splashing and there was some -- >> jumping. >> with the fish -- >> they hold the fish in the whales jump up. i remember saying, oh, what a fun job, you know.

she's so lucky. and then i saw her walking with her rubber boots and she tripped and her foot just dipped into the edge of the pool, and she lost her balance and fell in, and she was pushing her way up to get out of the pool, and the whale zoomed over, grabbed her boot and pulled her back in. at first, i didn't think it was that serious because you see -- you see the trainer in the pool with the whale and you think, oh, well, you know, the whales are used to that, you know, then all of a sudden it started getting -- there was more swimming, more activity, more thrashing, and she was starting to get panicked and then as it progressed, you started to realize well, something is not right here. >> she started to scream. and she started looking around and her eyes were like bigger and bigger and realizing that i really am in trouble here. >> and then they would pull her under, and then they would come up and when she -- when they came up she would be help me,

help me and they would take her down again. >> and she would be submerged for several seconds up to, i don't know, maybe a minute. you don't -- you're not keeping track. >> so, you know, it was harder and harder for her to, you know, to, you know, get the air in because she was screaming and my sister remembers her saying i don't want to die. >> the family. >> that we couldn't help her. it was pretty watched. >> sea land closed. it fs probably a good thing. it was a little pond and i think the owner made the right decision for whatever reasons. i don't believe he's a bad guy, a bad man. i think he was shocked by the whole affair, too. >> the blush was gone from the business, and he decided that that was it, we should shut

down. >> no one ever contacted us. there was an inquest. no one ever asked us to say what happened. you know, we just left. >> there was no big lawsuits afterwards, and there is no memorial and, you know, the only thing remaining of keltie burn is, you know, what's left in the folk's minds who recall the case. >> so in the newspaper articles, the cause of death is that she drowned accidently, but, you know, she was pulled under by the whale. >> well, there is a bit of smoke and mirrors going on. one of the fundamental facts is that none of the witnesses are clear about which whale pulled keltie in. >> it was the large whale tilikum, the male is the one that went after her and the other two just kind of circled around, but he was definitely the instigator and we know it was him because he had the flopped over fin. like it was very easy to tell. >> sea land of the pacific

closed its doors and was looking, i guess, to make a buck on the way out and these whales are worth millions of dollars. >> when seaworld heard tilikum was available after this accident at sealand of the pacific, they really wanted tilikum because they needed a breeder. so i don't even think that anybody even was questioning like is this a good idea? >> my understanding of the situation was that tilikum and the others would not be use in shows. they would not be performance animals. our understanding of their behavior was it was such a highly stimulating event for them, they were likely to repeat it. >> we were young and sea cowboys and not we weren't so technical and we had this vision they knew more than us and they were better than us and tilikum would have a better pool and better life and better care and better food and be a great life for him. so it was like okay, tili, you're going to disneyland. lucky you.

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orcas intelligence may be superior to mans. as parents they are better than many human beings and like human being they have a profound instinct for vengeance. presents "orca". >> if you go back only 35 years,