good evening, everyone. tonight a sports legend makes a troubling admission. he's losing his member richt he's scared and says god only knows the toll that hit after a nfl hit took on his brain. tonight football great brett favre and the terrifying disease that's already taken so many lives. new documents in the dispurns of jonbenet ramsey, new documents that show how close her parents came to facial charges in connection with the case. and damage control today after allegations the nsa didn't just have the capacity to spy on you and me but also some of of america's most powerful allies. we begin with the revelation by one of the nfl's most at mired

and talented players, former quarterback brett favre. he spent 20 years on the field playing 321 straight games before retiring. he's the league's all-time leading passer. he was known for his toughness. now in an interview with,spn radio, favre who's 44 years old has revealed he's suffering memory problems. here's 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 go, where's my glasses and they're on your head? i have that. but this was a little shocking to me they couldn't remember my daughter playing youth soccer. it was just one summer, i think. and i remember her playing basketball, i remember her playing volleyball. so i kind of think maybe i just -- maybe she only played a game or two. well, i think she played like eight. so that's a little bit scary to

me. >> yeah. >> for the first time in 44 years, that kind of put a little fear in me. >> i can understand why he's scared. anyone would be. but for a pro football player like favre there's also this. memory lapses can be a sign of a devastating disease that's been found in the brains of many athletes who suffered repeated hits to the head. there's no cure and it's not just professional athletes at risk. cnn chief medical correspondent dr. sanjay gupta neurosurgeon has more. >> dr. ann mckie runs the world's largest brain bank. a joint 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 tao protein deposits. those are the same kind of proteins found in alzheimer's patients. it's a progressive degenerative disease which leads to dementia

and alzheimer's like symptoms. these symptoms are usually found in people in their 80s, not 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. >> under the microscope? >> that's really obvious, dr. mckie. >> we sawtel tail signs of tao protein. >> did this surprise you? >> it definitely did. it can start very early. >> that's amazing. 17 years old. >> 17-year-old. as the scientific evidence piles up, public awareness is growing, so is outrage in august thousands of former football players are and their families reached a $765 million settlement with the nfl after alleging the league didn't do enough to warn players about the risks of brain damage. that's the backdrop for favre's stunning revelation. he joins a growing number of pro athletes who have gone public with their memory problems. sanjay joins me and so does cnn's rachel nichols whose new show "unguarded" started tonight. are these the beginning of more serious condition in brett favre

sn can you say that definitively? >> no, we can't say it definitively. the concern is chronic traumatic encephalopathy. we know football players are at a higher risk of developing cte along with other brain diseases, parkinson's disease, als. if it's memory relate loss related to cte, it could develop into mood problems, anger problems. that's what some players have developed. i'm sure that's what they're thinking but it's no means definitive. >> do the symptoms improve or do they continue to deteriorate? >> if it is cte, we don't know for sure, they would continue. as far as we know. this is still pretty early science. players tend to have progressive symptoms. i've seen some of the brains of players that have cte. and it looks almost like a aumz alzheimer's-like disease. the memory losses is one of the

classic symptoms of that. >> incredible to play 328 games consecutive. >> the most remarkable thing about brett favre was the ironman streak, that attitude of whatever is wrong put a band-aid on it, go back out on the field and play. teammates loved that attitude about him. he was praised 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, he was obviously quarterback. are there specific player positions that are susceptible to brain injuries? >> yeah, there seems to be. this is interesting. these so-called speed players like quarterbacks, like running backs, they tend to be more susceptible to this. and if you look at the data across the board, they're about three times more susceptible. so it could be both the number of hits that 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 with players for like $765 million for medical issues. some players feel that's not enough. >> yeah. i mean, there are definitely people who say great, you showed everybody up for a little bit. what about the players now still playing the game? what about the guys who are going to be suffering? it sounds like a lot of money but when you're talking about a $9 billion business and have to split that up among all the players, was this time kind of thing the nfl wanted to quiet everybody down, keep going about their business, or is this the kind of problem that no matter what the settlement would have been it goes way beyond the court system. it goes to the very fabric of the game. are we going to be able to solve this when americans love watching guys hit each other really hard. >> and 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 -- surely players are more aware of it now than they were before. >> the attempt right now toys change the way guys hit each other. you can't lead with your head anymore when you go after

another player. they're changing the target zone which is what they call it. but other players argue, hey, that makes us more susceptible to knee injuries. the other issue here, too, is players reporting damage. brett favre has said many times, i can't even tell you how many concussions i had. he didn't want to tell anybody if he was feeling woozy because he didn't want to come out of the game. last year we saw in sfraen the quarterback alex smith said he had a concussion because all the new concussion protocols now you're supposed to say, he sat out because he had a concussion and he lost his starting job to colin kaepernick. you're telling these guys they have an economic disincentive to say when they're hurt. >> their careers are so short, anyway. it is a brutal business to be in this game, they don't want to sit out. they don't want to end their careers early. >> this is the only window to make money. an average nfl player's career is 3 to 6 years. >> incredible. sanjay, are football players in college and high school also as susceptible to these injuries? >> yeah, they are. there's no doubt that the force

of the blows are pretty significant even at the high school level. these players are just getting so big, even in high school. but also, the younger person's brain may be more vulnerable because it's still developing in many ways. really until your mid 20s. so they could be at higher risk for both those reasons. then if they continue to play on, it's just the life span, their career span i should say of taking these hits is prolonged as well. >> all right. it's a tough thing to figure out how to solve it. sanjay, thanks very much. rachel, thanks. follow me on twitt twitter @andersoncooper. let's tweet using #ac360. newly released documents in the still unsolved 1996 murder of john ba n of jonbenet ramsey. and diplomatic shock waves from a memo leaked by edward snowden about the united states spying on foreign leaders including its own allies. anna, your hotels have wondrous waffle bars.

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it's a startling new piece of information in a nearly 17-year-old case that captured the headlines for months even years. the murder of 6-year-old jonbenet ramsey. documents were just unsealed showing a colorado grand jury voted to indict jonbenet's parents on charges related to their daughter's death. that was back in 1999. the same year d.a. decided there wasn't enough evidence to file charges after all. to this day jonbenet's murder is an unsolved case, a case that shocked the country when her father found the 6-year-old dead in the basement of their house in colorado in 1996. here's what john ramsey said in the year 2000. >> i tried to untie the knots. i couldn't get the knot undone. i picked her up and i just

screamed. the kind of scream you scream in a dream when you -- you're trying to speak but you can't. it's just a scream. >> the moment i'll speak with jeff toobin and tom foreman about what exactly the newly released documents really mean. 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. chilling note is addressed to jon ramsey from someone claiming to represent a small foreign faction. the note demands $118,000 and threat ens the immediate execution of their daughter. >> and i immediately ran backup stairs and pushed open her door. she was not in her bed. and i screamed for john. >> 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. >> it was a four concrete-walled room. i knew instantly when i opened the door that i'd found her. >> did you know she was dead? >> no, 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. >> 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 later shows that 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 -- keep your babies close to you. there's someone out there. >> but who? there are no signs of forced entry at the family's home, leading detectives to wonder about john and patsy ramseyers 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 any suspects. >> reporter: we are now learning that two years later, a grand jury indicts john and patsy ramsey for child abuse resulting in death, and 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 database in december 2003. then, three years later, an arrest. 41-year-old john mark carr, an elementary school teacher with three sons, is arrested in bangkok, thailand, after claiming he was present when jonbenet died. he says he loved her and her death was an accident. carr 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 is buried in the 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, in washington tom foreman. what does this actually mean? clearly this is going to renew some sort of cloud of suspicion over these parents. should it? >> i don't think so. for one very important 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 cause they were guilty of something. the grand jury did not have all the evidence that exists now. >> tom, you covered this case extensively. you were based in colorado. the charges recommended by the grand jury, accessory to murder and child abuse resulting in death that, does mean a majority of the jurors thought the ramseys were somehow involved in her murder. >> yeah. this is where i differ a little bit with jeffrey on all of this. yeah, the grand jurors saw

something here. they felt that something was going on. that's why they reached this conclusion. and this dna, this touch dna that cleared the ramseys, according to the district attorney, later in 2000, this was virtually unknown at the time that this crime took place. and since then, a lot of forensic scholars have talked an awful lot about how you collect these very fine samples of cells and how you keep them from being contaminated and how you process them. the boulder police department was 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, there has not been real progress on this case. i mean, are there more documents to come out? >> i don't think there's anything more to come out. i mean, the thing that is -- well, 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'd know more. but what makes this case so compelling is so much evidence is out there. and it's so -- it does seem incriminating there. were no signs of false entry. the paint brush that was patsy's. that bizarre bizarre note that was -- that included information. >> right. the amount of money asked for in the thing was the same as a bonus that john ramsey had gotten. >> right. it was written on a pad that was 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 unlikely. >> tom, do you think this case will ever be solved? >> no, i don't think it will. i think that it's just too far gone at this point. and you know, anderson, there's 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 own house on christmas night and the impact on everybody. >> fit was somebody outside the house, though, somebody else must know. i mean, there must be -- >> that's right. >> cold cases do get solved. >> cold cases do get solved. and there could be some sort of cold hit on the dna that was collected. but i do agree with tom that at this point, the chances are overwhelming -- the odds are overwhelming that it will never be solved. and it is worth remembering today, jonbenet ramsey would be 23 years old. >> that's incredible. just extraordinary case. jeff, thanks very much. tom foreman as well. tonight a serious twist in the spy game. how white house is handling claims the nsa spied not just on adversaries but on allies as well. what the leaders of some traditionally close friends of

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join us, and thrive. the obama administration tonight doing damage control after claims the u.s. spied on some of its closest allies. listen to what then candidate obama said in berlin when he was 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 js listen to each other, learn from each other and most of all trust each other. >> today the trust between him and germany's chancellor angela merkel is being tested by the publication of another document from nsa leaker edward snowden showing the nsa encouraged the white house, state department and pentagon to share phone numbers of world leaders so they could spy on them. the white house promised to review the program. chancellor merkel and the french president said the surveillance could jeopardize their cooperation with the u.s. on intelligence gathering. >> translator: we have an ongoing 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 to change. >> they offered a way out proposing talks to reset the ground rules when it comes to surveillance. germans offering to send a delegation of experts to work things out. details tonight from national security correspondent jim sciutto who joins us. >> angela merkel extended something of an olive branch. >> she did. she said they'll send 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 very close allies. but the fact that she's making this trip or sending this delegation over means she believes they need to discuss this and set rules going forward for what's acceptable and not acceptable. both sides know they spy at sometime. but clearly the extent and scale of this has gone too far for many of our closest allies. >> white house basically in damage control mode.

>> they are now a very public op ed now in "usa today" by the president's homeland security adviser. in effect the white house acknowledging there's been overreach in nsa surveillance. her words that we're going to ensure that we are collecting information because we need it and not just because we can. so clearly the president is saying, i want you to limit this in some way. >> the "washington post" is saying there are more revelations to come. >> they are. they're saying there were documents out there that edward snowden was able to collect, and these may reveal -- what's crucial here -- cooperation 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 that they're cooperating with the u.s. in particular on countries that are some of our biggest target of intelligence operations. this is china, russia and iran. >> we'll see what comes out. jim sciutto, thanks. getting caught up in other stories. susan hendricks has a 360 bulletin. >> new details on the case of

the murdered teacher north of boston. the manager of a movie theater 14-year-old philip chism fit in with everyone else when he sought movie "blue jasmine" just after allegedly killing his high school teacher. colleen ritzer will be laid to rest on monday. a 360 follow now, dna tests prove a bulgarian couple are the biological parents of the girl known as maria seized from another roma couple in greece. the biological mother told a bulgarian tv station they gifted her without money years ago. it's unclear what will happen to maria. she is in the care of a greek children's charity right now. united airlines is facing a large fine for long tarmac delays. 13 united flights were stuck at chicago's o'hare during one day in july of 2012 for up to 4 1/2 hours due to severe thunderstorms. metallica will rock antarctica.

ten contest winners will get a cruise to the south pole for this truly cool concert. pretty neat. >> susan, thanks very much. that does it for this edition of "360." thanks for watching. now an encore, the acclaimed cnn film "blackfish" starts right film "blackfish" starts right now. -- captions by vitac -- www.vitac.com 911. >> 6600 sea harbor drive. seaworld stadium. >> okay. >> we actually have a trainer in the water with one of our whales. the whale that they're not supposed to be in the water with. >> okay. we'll get somebody en route.

>> through gate number three into the stadium. >> gate three. >> we need s.o. to respond for a dead person at seaworld. a whale has eaten one of the trainers. >> a whale ate one of the trainers? >> that's correct. >> do you believe? >> my parents first brought me to a seaworld park when i was

very young. from that point forward, i was hooked. it meant everything to me, because i'd never wanted anything more. >> i remember being probably in first or second grade watching national geographic specials or mutual of omaha specials and seeing whales and dolphins. as a little kid just being incredibly inspired by it. i never went to seaworld. i grew up in new york so i went to the bronx zoo. >> grew up on a lake with horses. we'd swim the horses. >> i came from the middle of the country in flat land kansas. >> i'm from virginia. traveled down, did the theme park thing in orlando when i was 17. and saw the night show at shamu stadium. very emotional. popular music. and i was just -- i was very 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

said, what are you doing out there? you should be a trainer. i didn't know how to train animals. i'd never trained animals for my life. >> how do you prepare yourself for an encounter with an 8,000 pound or ca? >> i thought you needed a master's degree in marine biology to be a train. >> it takes years of study and experience to meet 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, got the job right away. i was so excited. 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 seaworld 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 wetsuit and get in the water. >> hi, mom. >> i'm scared out of my wits. >> first of all i put my wetsuit on backwards because ways 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 the sea lion and otter show. this guy comes out during the show with a dress on as dorky, the ultraego of dorky in a dress with the sea lion, the coward sea lion, right? walking along with this little basket. i go, i will never ever do that, you know? two months later? hi, i'm dorky! walking out onstage with a sea lion. >> i was overwhelmed, and i was so excited. i mean, just seeing a killer whale is breathtaking. >> i was just in awe. it's shocking to see how large

they are and how beautiful they are. >> being in the presence of the killer whales was just inspiring and amazing. i remember seeing them for the first time just not 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. 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's going to swim under you and pick you up again. then you're going to do a perimeter ride around the pool. he just told me to go do it and i did it. wow! i just rode a killer whale! >> when you look into their eyes, you know somebody is home. somebody's looking back. you form a very personal

relationship with your animal. >> there's 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 of her babies. we've grown up together. >> that's the joy i got out of it is just a relationship like i've never had. >> i have to know. are you nervous? >> i'm scared. >> no.

>> you're going to go over there -- >> oh, that's dawn. >> i knew dawn when she was new. she was a great person to work with. and she obviously blossomed into one of seaworld's best trainer gls. >> >> this is dawn brancheau senior trainer at seaworld. it's a tough job, isn't it? >> yeah. we really do go through a lot of physical exertion. we do a lot of deep water work, breath hold, very high energy behaviors with the animals. they're giving out a lot of energy, too. we're working together and having fun as well. >> she's beautiful, blond, athletic, friendly. everybody loves dawn. >> i mean this sincerely. watching you perform yesterday, you're amazing. >> thank you. >> you really are. >> she captured what it means to be a seaworld trainer. she had so much experience

thought made me realize what happened to her really could have happened to anyone. >> this is detective rivera. date is february 24st, 2010. the time is 4:16 in a room with me right now is townus george tobin, is that correct? >> right. >> did you see any blood in the water or anything like that? >> she was scalped and there was no blood. so pretty much we knew then that [ inaudible ]. >> once they were able to pull her away, how did he let go of her? >> he didn't. >> he never let go of the arm? >> he swallowed it. >> he swallowed it. so the arm is nowhere -- >> right. >> on behalf of the federal government, osha is suggesting

that swimming with orcas is inherently dangerous and you can't predict the outcome when you come into their environment. >> what's the crux of the osha case? >> stay out of proximity with the animals and you won't get killed. >> it will have a ripple effect through the whole industry. this was national headline news. >> seaworld's whale performances may never be the same. >> right now theme park is arguing in court to keep whale trainers in the water, something osha says is extremely dangerous. >> these are wild animals and they are unpredictable because we don't speak whale, tiger, monkey. >> and tempers flared between the two sides today when osha's attorney suggested that seaworld only made changes after trainer dawn brancheau's death outraged 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 to these top predators is too dangerous. >> they won't then be getting in a water and riding on the whales. >> if you were in a bathtub for

25 years don't you think you'd get a little irritated, aggravated, mine a little psychotic? >> the situation with dawn brancheau, it 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've had aircraft, spotters, speed boats, bombs they were throwing in the water. they were lighting their bombs with aacetyline torches and herding the whales into coves.

but the orcas had been caught budget. they knew what was going on. 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, oh, no, they're going north, the ones with babies. so the boats, the speed boats caught them there. and herded them in. and then they had fishing boats with nets they would stretch across so none could leave. then they could just pick out the young ones. >> we were only after the little ones. and little ones is a big animal

still. but i was told because of shipping costs that's why they only take the little ones. >> they had the young ones that they wanted in the corrals, so they dropped the seine nets. all the others could have left. but they stayed. >> we're there trying to get the young orca into the catcher and the whole fam damily is out here 25 years away maybe in a bill line and they're communicating back and forth. well, you understand then what you're doing. 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's watching. what can you do? but the worst thing i could think of, i can't think of anything worse than that. now, this really sounds bad, but when the whole hunt was over, there were three dead whales in the net. so they had peter and brian and i cut the whales open, fill them with rocks, put anchors on their tail and sink them. well r 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 seaworld 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 a revolution 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. ordinary rubs don't always work on my arthritis.

try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis. 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 when he was four, he was up to 16 feet long and weighed 4,000 pounds.

i have actually seen tilikum quite a number of times. he was right across the street here in victoria. all sealand was was a net hanging in a marina that 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 just went fine and dandy. but to the previous head trainer used techniques that involved punishment, would team a trained orca up with tilikum who was untrained. he would send them both off to do the same behavior. if tilikum didn't do it, then both animals were punished. deprived of food to keep them hungry. this caused a lot of frustration with the larger animal, the established animal. and would in turn get frustrated with tilikum and would 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 from head to toe you could see blood and you could see 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 was really that we stored these whales at night in what we called a module 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 the lights were all turned out. so there was really no stimulation. they're just in this dark metal 20 foot by 30 foot pool for two-thirds of their life. >> when we first started, they were quite small, 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 was just wrong. we started having difficulty getting them all into this one

small steel box, to be honest. that's what it was, a floating steel box. >> that's where food deprivation would come in. we would hold back food, and they would know if they were in the module they would get their food. if they're hungry enough they're going to go in there. >> that would be winter 5:00 at night until 7:00 in the morning. >> when you let them out you saw new tooth rakes and sometimes blood. >> closing that door on him, and knowing that he's locked in there for the whole night is like -- 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 trigger to kill. >> an employee is dead after an

encounter -- >> at a canadian park called sealand. >> the victim was a swimmer and part-time working at sealand. >> rescuers used a huge net -- >> workers efforts were hindered by the agitated whales. >> my more immediate goal is just to swim fast at nationals. >> there was sort of a cloudy gray day. and we were looking for something to do. so we thought, why not go to sealand. it was kind of like this dingy pool with these whales >> it just felt a little bit like an amusement park that was kind of on its last legs and everything was a bit gray. >> it was like a swimming pool. >> yeah. >> three whales in a swimming pool. >> yep. they would come up and touch the ball. there was -- i think there was some tail splashing. and there was some -- >> some jumping.

>> of the fish. >> they hold the fish and the whales jump up. and i remember saying, oh, what a fun job. 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 then 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 the trainer in the pool with the whale. and you think, oh, well, the whales are used to that. and 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, whoa, something's 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 then when they came up she'd be help me help me. then they'd take her down again. >> she would be submerged for several seconds up to, i don't know, maybe a minute. you're not keeping track. >> so it was harder and harder for her to get the air in because she was screaming. and my sister remembers her saying "i don't want to die." >> our condolences to kelty's family. >> yeah. that we couldn't help her. it's pretty wretched. >> sealand closed. it's 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. >> no one ever contacted us. there was an inquest. no one ever asked us to say what happened. we just left. >> there and was no big lawsuits afterwards. there's no memorial. and the only thing remaining of kelty burn is what's left in the folks' minds who recalled the case. >> so in the newspaper articles, the cause of death was that she drowned accidentally. but she was pulled under by the whale. >> well, there's a bit of smoke and mirrors going on. one of the fundamental facts is that none of the witnesses were clear about which whale pulled kelty in. >> yeah. 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. >> we knew it was that whale because he had a flopped over fin. it was very easy to tell. >> sealand 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 that 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 was even questioning like is this a good idea? >> my understanding of the situation was that tilikum and the others would not be used in shows, they would not be performance animals. our understanding of their behavior was that it was such a highly stimulating event for them they were likely to repeat it. >> we were a bit of cowboys and not as technical and scientific as seaworld. we had this vision they knew more than us and they knew better than us and tilikum would have a better pool, better life,

better care, better food and be a great life for him. so it was like, okay, tilly, you're going to disneyland. lucky you. ♪ ♪ [ male announcer ] united is rolling out global, satellite-fed wi-fi to connect you even 35,000 feet over the ocean.

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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".