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whoa! you big dork! especially our water work interactions because they're potentially the most dangerous. >> i've been expecting it since the second person was killed. i've been expecting somebody to be killed by tilikum. i'm surprised it took as long as it did. >> first tonight, a six-time killer whale has lived up to its name killing a trainer at seaworld. >> a tourist said the whale seemed agitated. >> trainers complained the whales weren't cooperating. >> the main show was a disaster that day. >> they were whales chasing each other and eventually the trainers decided they had to stop the show and they couldn't get the whales under control. >> tilikum was in the back pool set up to do a dine with shamu performance with dawn. >> likely she saw what had gone

on and probably felt more pressure to do a good show. when you watch the whole video, you can see that tilikum is actually really with dawn in the beginning of the video. there's a couple of behaviors that she asks him to do where tilikum just jumps right in and does exactly what she asks him to do. >> we're going to show you how agile these guys are. >> there seemed to be a point in the session where things went south, so to speak, and in my humble opinion, it was at that missed bridge, whistle bridge on the perimeter pec wave. >> she asked him to do a perimeter pec wave, where she asked him to basically go all the away around the pool and wave his pectoral flipper, and she blows her whistle, which is a bridge, which tells the

animal, okay, you've done a good job, come back and get food, but he missed that cue. and he went all the way around the pool on this perimeter pec wave. >> we're going to let him keep on waving. >> my interpretation is that he didn't hear the whistle. >> so not only did he not hear the bridge, then he went and did a perfect behavior and came back and what he got was what we call three-second neutral response, which is just no, no you didn't do the correct thing. you're not going to get rewarded, and then we're going to move on, and you can also see through the video that dawn is running out of food. >> the animals can sense when you're getting to the bottom of your bucket of fish, because they can hear the ice clanging around and the fishy soupy water at the bottom and the handfuls of fish they get delivered by the trainer are getting smaller. so they know they're coming down to the end of session. >> when you see the difference between the beginning of the video and the end of the video, you can see he's just not quite

on his game anymore. >> there's no food left. she kept asking him for more and more behaviors. he wasn't getting reinforced for the behaviors that he was doing correctly. he probably was frustrated towards the end. then she walked around the perimeter of g-pool. he followed her. and then continued over into the rocky ledge area where she laid down with him to do a relationship session, which is quiet time basically. tilikum at some point grabbed a hold of her left forearm and started to drag her and eventually did a barrel roll and pulled her in. may have started as play or frustration, and clearly escalated to the very violent behavior that i think was anything but play. in the end, you know, he basically just completely mutilated that poor girl.

>> they were gathering all of the trainers at the texas park. he said there's been an accident. at the florida park and a trainer was killed. hearing it was dawn, i couldn't believe it. i remember saying to myself, not dawn. it can't be dawn. he says, and he still has her. and i just was so disturbed by that, and the reality of how powerless we are. >> laceration, fractures, fractures and associated hemorrhages, blunt force traumas to the main body to the extremities. to see this beating against a trainer, and i cannot fathom the reason, is shocking. the lawyer for osha asked me

what i thought we had learned, and i'm sitting in the courtroom, and i've got the burn case file in one hand and i've got dawn brancheau in the other and they're almost to the day 20 years apart and i'm looking at these two things and my only answer is nothing. not a damn thing. we have not learned a damn thing for something like that to happen 20 years apart. [ female announcer ] research suggests cell health

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could you tell if it was an accident? >> did the female trainer work with this whale on a regular basis? >> i don't know. we had a female trainer back in the holding area. she slipped and fell this the tank and was fatally injured by a whale. >> at first seaworld reported that a trainer slipped and fell in the water and was drowned. that was the first report. >> it wasn't until eyewitness accounts disputed that that they went in the huddle and said we have to come up with a new plan. >> seaworld confirmed the killer whale pulled the woman into the water. she didn't fall into the tank as the sheriff department initially reported. >> the new story was she grabbed her ponytail. this is a subtle way of blaming it on dawn. if she did have a ponytail, it should have been in a bun. >> dawn if she was standing here now would tell me that was her mistake in allowing that to

happen. >> they blamed her. how dare you? how disrespectful for you to blame her when she's not even alive to defend herself. >> he grabbed her ponytail and pulled her into the water. that's as simple as it gets. >> there are photographs of plenty of other trainers doing exactly the same thing that she was doing. so i knew that seaworld was lying act the fact that this was her fault. >> the ponytail in all likelihood is just a tale. the safety spotter who apparently didn't see the takedown came up with that. >> now during the spotter's testimony, osha pushed him to say he wasn't really sure it was her ponytail that was in the whale's mouth, that he just saw her underwater and he assumed it was the ponytail. osha contends that the whale came up and grabbed on brancheau's arm, saying that was another level of aggressiveness. seaworld is saying it was not an aggressive move. one of seaworld's top curator's

said when dawn brancheau was pulled off the ledge it wasn't necessarily aggressive by the whale. >> the initial grab was not an act of aggression. this is not a crazed animal. >> the industry has a vested industry? spinning these so they continue to appear like cuddly teddy bears that are completely safe. it sells a lot of shamu dolls. it sells a lot of tickets at the gates. that's the story line they're going to continue to stick with for as long as they can. >> recognize that those that say this is a crazed animal that acted out and grabbed dawn that maliciously, they want to prove the theory that whales in

captivity makes them crazy. >> all whales in captivity have a bad life. they're all psychologically traumatized. so they're ticking time bombs. it's not just tilikum. >> we have to separate what happened to dawn, and as tragic as it is, no one wants to see it ever happen again. can seaworld create an environment where it never happens again? yes, i absolutely believe they can. what if there were no seaworlds? i can't imagine a society with the value we put in marine mammals if those parks didn't exist. >> i'm not at all interested in having my daughter, who is 3 1/2 grow up thinking it's normalized to have these intelligent highly evolved animals in concrete pools. i don't want her to think that's how we treat the kin that we find ourselves around on this planet. i think it's atrocious.

>> this hearing is expected to last all week with osha continuing to work towards the theory that seaworld knew there was a calculated risk of injury or death, but put trainers in the water with the whales anyway. why seaworld will say that dawn brancheau's death was an isolated incident. reporting live in seminole county, dave mcdaniel. man: [ laughs ] those look like baby steps now. but they were some pretty good moves. and the best move of all? having the right partner at my side. it's so much better that way. ♪ [ male announcer ] take the next step. consider an aarp medicare supplement insurance plan, insured by unitedhealthcare insurance company. like all standardized medicare supplement insurance plans, it helps pay expenses that medicare doesn't cover

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>> there's something wrong with tilikum that there's something wrong, and that's when you have a relationship with an animal, and you understand that he's killing, not to be a savage he's not killing because he's just crazy. he's not killing because he doesn't know what he's doing. he's killing because he's frustrated, and he's got aggravations, and he doesn't know how to -- he has no outlet for it. >> now tilikum is spending a great deal of time by himself and basically floating lifeless in a pool.

>> three hours now. and he hasn't moved. >> they try to sugar coat it by saying he comes out in the front pool every once in a while. now he's doing shows. you know what he does in his show? he does a few bows. and then he goes back into his little jail cell. that's his life. >> i feel sad for tilikum. a regal thing like him swimming around a tank with his fin flopped over like that, you know, compared to a while bull killer whale that size, which is one of the most kinetic and dynamic things you can imagine. i feel sad when i see him. >> it's time to stop the shows. it's time to stop forcing the animals to perform in basically a circus environment. they should release the animals that are young enough and

healthy enough to be released. and the whales like tilikum should be we leased to an open ocean penn so they can live out their lives and experience the national rhythms of the ocean. >> this is a multibillion dollar corporation that makes its money through the exploitation of orcas. >> they're not suitable to have in captivity. >> the whales are really bored. you deprive them of all the environmental stimulation. >> i think that in 50 years we'll look back and go my god what a barbaric time.

>> dawn brancheau, db, dream big. dawn was the most loving giving person you ever met. her smile just radiated. she fulfilled her life. erin swn ordered shoes from us online but they didn't fit. customer's not happy, i'm not happy. sales go down, i'm not happy. merch comes back, i'm not happy. use ups. they make returns easy. unhappy customer becomes happy customer. then, repeat customer. easy returns, i'm happy. repeat customers, i'm happy. sales go up, i'm happy.

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♪ we saw whales swimming in straight lines with straight dorsal fins. i was so honored to be there. and i was so thankful that i had sunglasses on because the tears were kind of coming out, and it was moving. ♪ ♪

♪ -- captions by vitac -- www.vitac.com

hi. i'm rachel nichols and this is the premiere episode of "unguarded" a sports show that brings you the candid, human side of some of the world's most talented human beings and explore the issues that extend off the the field to touch us all. welcome.