>> that is a wall. >> or a fence, depending on who you're talking to. >> fence or wall. no, it's a big wall. it's ugly. it's really ugly. you can see it, it's not far away from here.

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 >> 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, 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.

well ladies, now there's big news in controlling your overactive bladder symptoms. the new oxytrol for women patch. the first and only over the counter treatment for overactive bladder. put the control back in your go with new oxytrol for women. now in the feminine care aisle.

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.

orcas' intelligence may be superior to man's. as parents they are exemplary, even better than many human beings. and like human being, they have a profound instinct for revenge.

presenting "orca." >> if you go back only 35 years, we knew nothing, in fact less than nothing. what the public had was superstition and fear. >> a fight to the death. between the two most dangerous animals on earth. >> these were the vicious killer whales that, you know, had 48 sharp teeth that would rip you to shreds if they got a chance. >> what we learned is that they are amazingly friendly, and understanding and intuitively want to be your companion. >> are you recording this? [ laughter ] >> and to this day there is no record of an orca doing any harm to any human in the wild. ♪

>> they live in these big families, and they have life spans very similar to human life spans. the females can live to about 100, maybe more. males to about 50 or 60, but the adult offspring never leave their mother's side. each community has a completely different set of behaviors. each has a complete repertoire of vocalizations with no overlap. you can call them languages, the scientific community is reluctant to say any other animal other than humans uses languages, but there's every indication that they use languages. >> the orca brain just screams out intelligence, awareness.

we took this tremendous brain and put it in a magnetic residence imaging scanner. what we found was just astounding. they've got a part of the brain that humans don't have. a part of their brain has extended out right adjacent to their limbic system. the system processes emotions. the safest inference would be these are animals that have highly elaborated emotional lives. it's becoming clear that dolphins and whales have a sense of self, a sense of social bonding that they've taken to another level, much stronger and much more complex than in other mammals including humans. we look at mass strandings, the fact that they stand by each other. everything about them is social, everything. it's been suggested that their whole sense of self is distributed among the individuals in their group. >> five of them.

these orca are going to attack this sea lion. they have been breaking the ice off and swimming around him. oh, here they come two of them look. you can see them underneath. they made a big wave. look at that. big wave. oh, yeah. >> oh, god, no, no, no. >> if you can't watch the bullfight, you better leave. here they go, look at this. three of them. >> oh, god, oh, no, oh, god. >> it's all over. >> no, not yet. >> yeah, it's all over. it's all over. ♪ >> the first nation's people and the fishermen on the coast, they call them blackfish. they're an animal that possesses

great spiritual power, and they're not to be mettled with. i've spent a lot of time around killer whales, and they are always in charge. i never get out of the boat. i never mess with them. the speed and the power is quite amazing. rules are the same as the pool hall. keep one foot on the floor at all times. even after seeing them thousands of times, you see them and you still, you know, wake up. he arrived, i think, in

female narrator: the mattress price wars are ending soon the mattress price wars are ending soon at sleep train. we've challenged the manufacturers to offer even lower prices. now it's posturepedic versus beautyrest with big savings of up to $400 off. serta icomfort and tempur-pedic go head-to-head with three years' interest-free financing, plus free same-day delivery, setup, and removal of your old set. when brands compete, you save. mattress price wars ends soon at sleep train. ♪ your ticket to a better night's sleep ♪

he arrived, i think, in 1992. i was at whale and dolphin stadium when he arrived. he's twice as large as the next animal in the facility.

>> right at about 12,000 pounds. that's -- that's incredible. he looks fantastic. >> when tilikum arrived at seaworld, he was attacked viciously repeatedly by katina and others. in the wild, it's a very matriarchal society. male whales are kept at the perimeter. in captivity, animals are squeezed into very close proximity. tilikum, the poor guy is so large, he couldn't get away because he just is not as mobile relative to the smaller and more agile females. and where was he going to run? there's no place to run. >> i think he spent a lot of time in isolation. seaworld claims he's always with the females, but from what i saw he was mostly put with the females for breeding purposes and he didn't spend a lot of time with the other whales. >> it's for his own protection, you know, he gets beat up, and so by segregating him, it provides a physical barrier so the females can't kick his butt. >> tilikum is pretty much kept

in the back, and then brought out at the very end as like the big splash. he was always happy to see you in the morning. >> hi. >> there we go. >> good boy. >> look at his choppers. >> maybe because he was alone. maybe because he was hungry. maybe because he liked you. who knows what was going on in his head. >> want to whistle? >> yes? >> that was really loud. >> come on. >> he seemed to like to work. he seemed to be interested. he seemed to want to learn new things. he seemed to be enjoying, you know, working with the trainers. >> he, for me, was a joy. he really responded to me, and i, you know, every day i went to work, i was happy to see tili. >> that's cute.

[ laughter ] >> you're being too cute. >> i never got the impression of him, while i was there, that, you know, oh my god, he's the scary whale. not at all. >> maybe some of its just our naivety or whatever. you know, because we weren't given the full details of keltie's situation. >> i was under the impression that tilikum had nothing to do with her death. specifically, that it was the female whales responsible for her death. what i found odd at first was the way they were acting around this whale and what they told us seemed to be two different things. the first day he arrived, i remember one of the senior trainers at seaworld, tilikum was in a pool and she was walking over a gate and she had

her wet suit unzipped tied around her waist and making cooing noises and going hey, tilikum. what a cute whale and play talking at him and one of the supervisors said get her out of there, and just screamed at her like get her away from there. like they were so worried something would happen and i remember thinking, why are you guys making such a big deal out of this when he didn't actually kill her? well, clearly management thought there was some reason to exercise caution around him. clearly, they knew more than they were telling us. >> ladies and gentlemen, the next to be seen you can only see right here at seaworld. >> jeff was out in the audience filming one of the shamu shows. it was a perfect show. all the hot dog sequences, water sequences went off great. >> i was really excited just to be capturing this because it was kind of turning out to be a great show. a show that's kind of complete, it doesn't -- it probably only only happens a few times a week. >> at the very end of the show,

liz was working tilikum and apparently tilikum lunged out of the water at her. >> and i had captured tilikum coming out of the water kind of turning sideways and appeared to me to try to grab liz, and at that moment, the tape became unusable. i was just kind of basically instructed to get rid of the tape. wanting to kind of preserve the tape, i actually used the editing equipment and snipped out that little half second or second when he did that and stitched it back together so it just kind of looked like a glitch in the tape. and i was like look at this. and they said no, this is no longer usable. so we had to destroy the tape. [ male announcer] surprise -- you're having triplets.

[ babies crying ] surprise -- your house was built on an ancient burial ground. [ ghosts moaning ] surprise -- your car needs a new transmission. [ coyote howls ] how about no more surprises? now you can get all the online trading tools you need without any surprise fees. ♪ it's not rocket science. it's just common sense. from td ameritrade. try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis.

it's pretty outrageous there was no expecting tilikum to come out of the water. because they had witnessed him coming out of the water and it's written into his profile. he lunges at trainers. >> the fact that shamu has been provided a safe and comfortable habitat. >> this is killer whales' natural behavior. >> i spewed out the party line during shows. i'm totally mortified now. there is like, something like, look at namu. namu isn't doing that because she has to. namu is doing this because she really wants to. oh, my gosh. some of the things i'm

embarrassed by, so embarrassed by. at the time i think i could have convinced myself that the relationships that we had were built on stronger than the fact that i'm giving them fish. you know, i like to think that. but i don't know that that's the truth. i had been there awhile and i had seen a few other things along the way that made me question why i was there and what we were doing with these animals. >> on november 4th, 1988, a killer whale at seaworld gave the performance of a lifetime. don't miss this small miracle. come see our new baby shamu. >> i know it was naive of me, but i thought that it was our responsibility to do as much as

we could to keep their family units together since we knew that in the wild that's what happens. ♪ yes, sir, that's our baby >> kalina was the first baby shamu. >> baby shamu, sea world's newest star. >> she had become quite disruptive and challenging her mom a little bit and disrupting some shows, and that kind of thing. ♪ she's got the whole place jumping ♪ ♪ shamu, she's that baby whale >> it was decided by the higher ups she would be moved to another park when she was just four, four and a half years old. and that was news to us as trainers that were working with her. to me it had never crossed my mind that they may be moving the baby from her mom. the supervisors basically was kind of mocking me like, oh you're saying poor kalina? you know, what she's going to do without her mommy?

and that of course shut me up. so the night of the move we had to deploy the nets to separate them and get kalina into the med pool and katina was generally a quiet whale. she was not an overly vocal whale. after kalina was removed from the scene and put on the truck and taken to the airport and her mom katina was left in the pool, she stayed in the corner of the pool, like, literally just shaking and screaming, screaming, crying. like, i had never seen her do anything like that and the other females in the pool, maybe once

or twice during the night they would come out and check on her and she would screech and cry and they would run back. there was nothing that you could call that watching it, besides grief. >> those are not your whales. you know, you love them, and you think i'm the one that touches them, feeds them, keeps them alive, gives them the care that nay need. they are not your whales. they own them. kastka and katara were very close. they were very close. kastka was the mother, takara was the young. takara was special to me. they were inseparable. when they separated them, it was to take takara to florida. once takara had already been stretchered out of the pool, put on the truck, driven to the airport, kastka continued to make vocals that had never been heard before. they brought in the senior research scientist to analyze the vocals.

they were long-range vocals. she was trying something that no one had even heard before looking for takara. that's heart breaking. how can anyone look at that and think that that is morally acceptable? it's not. it is not okay. [ male announcer ] if you can clear a crowd but not your nasal congestion, you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter.

and other allergy symptoms -- all in one pill.

standby, dean. >> let's go live to seaworld where dean gomersoll is joining us for a sneak peek. hi, dean. tell us about the new show. >> good afternoon, richard. the new show is whale and dolphin discovery. what it does is it shows the relationship we have between all our animals here -- >> there's so many things that were told to us. they tell you so many times that you start believing it, you know. >> all the animals here get along very well. it's just like training your dog really. >> i was blind really. i was a kid. i didn't know what i was doing really. >> nice. good job. you did a real good job. ♪ >> ladies and gentlemen, this a david from maryland. go ahead and wave at everyone, david. >> i just really bought into what they told us. you know, i learned to say what they told us to the audience. >> hello out there.

children are some of shamu's biggest fans. we can do just about anything we want. i thought i knew everything about killer whales when i worked there and everything about these animals. i really know nothing about killer whales. i know a lot about being a killer whale trainer, but i don't know anything about these animals' natural history or their behavior. i really in some ways believed a lot of what i was learning from them because why would they lie? >> because the whales in their pools die young, they like to say that all orcas die at 25 or 30 years. >> 25 to 35 years. >> they're documented in the wild living to be about 35, mid-30s. they tend to live longer in this environment because they have all the veterinary care. >> and of course that's false. we knew by 1980 after half a dozen years of research that they live equivalent to human life spans. and every other potentially

embarrassing fact is twisted and turned and denied one way or another. >> so in the wild they live less. >> like the floppy dorsal fins. >> 25% of whales have a fin that turns over like that as they get older. >> dorsal collapse happens in less than 1% of wild killer whales. we know this. all the captive males, 100% have collapsed dorsal fins, and they say that they're a family. that the whales are in their family. they have their pods, but that's however management decides they should mix them and whenever ones happen to be born and brought and brought in. that's not a family, you know? come on. >> you've got animals from different cultural cub sets brought in from different parks. this is a nation. these aren't just two different nations. these are killer whales. they have different genes and they use different languages.

>> what could happen as a result of them being thrown in with other whales that they haven't grown up, that are not part of their culture is there is hyp hyperaggression. a lot of violence and killing in captivity that you don't ever see in the wild. >> for the health and safety of the animals, please do not put your hands in the water. >> always this backdrop and underpension of pinning of animals. it was part of the daily existence. >> we ask that you use the stairs and aisle ways as you exit. at least do not step on the seat. these areas may become wet and, therefore, slippery to some

footwear. thank you. >> in the wild, where there is tension, they have thousands of square miles to exit the scene and they can get away. you don't have that in captivity. can you imagine being in a small concrete enclosure for your life when you're used to swimming a hundred miles a day? >> sometimes, this aggression became very severe. in fact, whales have died in captivity because of this aggression. >> i think it was 1988, surfer rammed corky. it fractured her jaw, which cut an artery in her head and then she bled out. that's got to be a hard way to go down. >> i saw that there was just a lot of things that weren't right and there was a lot of misinformation and something was amiss. and, you know, i sort of compartmentalized that part of it and did what i had to take care of the animals that were there. and i think all of the trainers there have the same thing in

their heart. they are trying to make a difference in the lives of the animals. you think that if i leave, who is going to take care of tillicum? that why i stayed. if you want to get down to the nuts and bolts of it, i stayed because i felt sorry for tilikum. i couldn't bring myself to stop coming and try to take care of him. >> gosh, do i love coming out here every day and having the audience just love what we are doing with the animals. how do i make this animal as beautiful as they are and have people walk away loving this animal, and i feel like i made a difference to them. >> i left in january of 2010, a month before dawn passed away. she was like a safety guru. i mean, she was always

double-checking, making sure that everyone was doing the right thing. i remember she would record every show that she did and watch it and critique herself and she was constantly trying to be better. when i found out it was dawn, i was shocked. that could have been me, i could have been the spotter. what if i was there and i could have saved her? all of these things go through your mind. >> john is the guy who, in 1987, was crushed between two whales at seaworld of san diego. now even though i had been working at seaworld for six months, i had no idea that even had happened and never heard that story and the sea line party said that was a trainer's error. >> it was john's fault. john's fault. he was supposed to get off that

whale and, for years, i believed that and i told people that. i actually started seaworld like five days after that event occurred and we weren't told much about it, other than it was trainer error and, you know, especially when you're new into the program, you don't really question a whole lot. well, you know, years later when you look at the footage, you go, he didn't do anything wrong. that whale just landed on him and that whale went to the wrong spot, it could have been aggression, who knows, but it was not the trainer's fault, watching that video. >> when i saw the video of the killer whale landing on john, it absolutely took my breath away. i watched it two or three times. i gasped. i could not believe what i was saying. what kept him together, his wet suit basically held him together but i know he's had multiple surgeries and tons of hardware in his body and it's amazing i

didn't actually see that video when i was an animal trainer. it seems that every person who works with killer whales should have to watch that video. >> tamry, you know, tamry made mistakes. the most important one was interacting with whales without a spotter, so she's putting her food on orchid, putting her foot on orchid, taking her foot off and on and on. watching the video knowing, you know what is probably going to happen. she grabbed her foot. tamry whips around and she grabs the gate. you see her just ripped from the gate. at this point in time, tamry knows that she's in trouble. she is under the water splashing. both have her. she is totally out of it.

they have her and out of view and no other trainer knows this is happening. people start to scream. the pacific guest that was filming it. you don't see her but you see tamry surface. you hear her just scream out, "somebody, help me!" the way she screamed it, it was blood curdling. she knew she was going to die. robin, when he ran over, he made a brilliant decision. he told the trainer to run and take the chain off the gate. by doing that, it gave that was coming in and is more dominant than orchid. her arm was u-shaped. it was compound fractured. she's very lucky to be alive, that's for sure.

>> i believe it's 70 plus, maybe even more, just killer whale trainer accidents. maybe 30 of them happened prior to being at seaworld and i knew about none of them. >> i've seen animals come out of trainers. >> something is wrong. >> i've seen people get slammed. >> the whales, they are just playing or they are upset for a second. it was just something that happened, you know? >> it's culture. you get back on the horse and

you dive back in the water and if you're hurt, well, then we've got other people that will replace you. and you came a long way. you sure you want that? >> a seaworld trainer is recovering today after a terrifying ordeal in front of a horrified audience. >> for some reason, the whale just took a different approach to what it was going to do with a very senior, very experienced trainer ken peters and dragged

him to the bottom of the pool and held him in the bottom. let him go. picked him up. took him down again. and these periods he was taken down were pretty close to the mark. a minute. a minute 20. when he was at the surface, he didn't panic. he didn't thrash. he didn't scream. maybe he's just built that way, but he stroked the whale and the whale let go of one foot and grabbed the other.

that's a pretty deep pool. he took him right down. i think that's to atmospheric pressure. apparently, mr. peters is an experienced scuba diver and i think he stayed calm and i think he knew what to do. you can see him in the film. you can see him ventilating, you see him ventilating very hard, so he knows about swimming and diving and being underwater. he may assume he was going under again. i walked away impressed by his calm demeanor during that whole affair. i would have been scared shitless. ♪

he was near to the end. presumably, ken peters had a relationship with this whale. maybe he did and maybe that is what saved him, but peters got the whale to let him go and they strung a net across. and ken peters pulled himself over the float line and swam like a demon to a slide-out, because the whale was coming right behind him. the whale jumped over and came right after him. he tried to stand up and run, but his feet were damaged. he just fell. he scrambled. and they take this as a prime example of their training work

and, you know, they say, well, stand back and stay calm and that did work. they claim this is almost a victory of how they do business. and maybe so, but it can also be interpreted as a hare's breath away from another fatality. ñn

>> hi, shamu! hi, everybody! >> we are the johnson's from michigan! >> i like the part when the whale gets wet! when the whales get close to the glass and start kicking up the water, whamo, you're a goner! >> orange county sheriff deputies have identified the 27-year-old man found dead in a killer whale's tank at seaworld. the victim is daniel p. dukes from south carolina. dukes was found yesterday draped over the back of tilikum, the largest orca in captivity. >> he was a young man who had been arrested not long before he

snuck into seaworld and maybe he climbed the barbed wire fence and stayed after hours. >> a mentally disturbed man hides in the park after hours and strips history clothes off and decides he wants to have a magical experience with an orca and he drowned. >> he was not detected by the night watch trainers who were presumably at that station. >> there are cameras all over seaworld and cameras all over the back of shamu stadium pointing every which way. there are underwater cameras. i find it hard to believe that nobody knew until the morning that there was a body in there. they have, what, a night watch trainer every night. that person didn't hear any splashing or screaming? i just find that really suspicious. >> one of the employees. i don't know if it was a physical therapist or somebody

coming in in the morning and there is tilikum with a dead guy on his back and parading him around the back pool. the public relations spin on this was he was kind of a drifter and died of hypothermia but the medical examiner reports were more graphic than that. for example, tilikcum stripped him and bit off his genitals. there were bite marks all over his body. >> now, whether that was post death or predeath, i don't know. but all i can comment on is that the guy definitely jumped in the wrong pool. so why keep tilikum there? this guy is a proven track record of killing people. he is clearly a liability to the institution. why keep him around? well, it's quite simple to answer and that is that his

semen is worth a lot of money. >> over the years, tilikum has been one of the main breeding whales at seaworld. it's brilliant. they can get his sperm and freeze it and he is operating as a sperm bank. rule number one. you would not breed him who is a threat to humans. imagine if you had a pit bull. that animal would likely have been put down but in the entire seaworld collection it's 54% of

them have tilikum's genes. >> you have to understand why tilikum was a hazard to anybody in the water. and you have to understand that none of the other killer whales at seaworld on are in that system or in that way. >> what about the incident at loro parque? >> i can't speak about loro parque. i know very little about it. i probably as much as the general public knows. ♪ [ speaking in foreign language ]

>> loro parque is in the canary islands in spain. which is an autonomous region in spain. it's the largest tourist attraction in all of spain. [ speaking in foreign language ] >> and when seaworld sent the orcas to loro parque, everybody was always questioning like, how did they make that leap to send

four young orcas to a park off the west coast of africa with trainers who a lot of them had never been around orcas before? nothing was ready. the venue wasn't ready. it wasn't ready for the orcas. it wasn't ready for a show. the owner of the park didn't want to lose revenue by shutting down the pools and repairing them. so for three years, the animals ate the pools and, for three years, the animals had problems with their teeth and with their stomachs. so that's why the reason the animals are enduring the endoscope procedures. those are still seaworld's animals, and they are responsible for those animals. loro parque doesn't have a good reputation. people that work in the business

know the reputation of places and roro parque doesn't have a good reputation. they didn't spend the same amount of time as the seaworld trainers. they didn't go through the same regimen as the seaworld trainer went through. and alexi really was the best trainer. i did say, you know, you're the only trainer there that could hold its own with a seaworld trainer, you know, but i said, "you need to be careful." [ speaking in foreign language ] >> anywhere along the line, it could have been stopped because everyone knew it was a tragedy waiting to happen, but no one

every did anything about it. and in the end, it was the best trainer who lost his life. [ speaking in foreign language ] [ speaking in foreign language ]

those were seaworld's whales. they were trained using seaworld's techniques, and their training was being supervised at the time of the fatal accident by one of their senior trainers from san diego. ♪ ♪

>> for somebody to get up and say in a court of law they have no knowledge of the linkages between seaworld and this park, well, either she doesn't know and is telling the truth, or it's just a boldfaced lie. becam? ♪ like, really big... then expanded? ♪ or their new product tanked? ♪ or not? what if they embrace new technology instead? ♪ imagine a company's future with the future of trading. company profile. a research tool on thinkorswim. from td ameritrade.

shamu's true potential. we see it each and every day. that's why all of our reactions

are very carefully thought out, especially our waterwork interaction. 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-ton killer whale has lived up to its name, killing an experienced trainer at seaworld today. >> a tourist at an earlier show 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 that 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 during the main show, and so she probably felt pressured to do a more 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 he does exactly what she asks him to do. >> 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's 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 that, 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. >> 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 to let the whale know, 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 kind of fishy soupy water at the bottom, and

the handfuls of fish that they are getting delivered by the trainer are all 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 that 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 that it was dawn, i couldn't believe it. i just remember saying to myself, not dawn. it can't be dawn. he said that, "and he still has her." and i just was so disturbed by that, and the reality of how powerless we are. >> evulsion, laceration, fractures, abrasion, fractures and associated hemorrhages, blunt force traumas to the main body, to the extremities. to see this meated out 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 kelty 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. in fact, there's not a damn thing. we have not learned a damn thing for something like that to happen 20 years apart.

could you tell if it was an accident? >> did this 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 under the tank and was fatally injured by one of the whales. >> at first, seaworld reported that a trainer slipped and fell in the water and was drowned. so that was the first report. >> it wasn't until eyewitness accounts disputed 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's department initially reported. >> the new plan is that he grabbed her ponytail. this is the subtle way of

placing the blame on dawn's shoulders. she shouldn't have had that ponytail, and it should have been up 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 about the fact that this was her fault. >> the ponytail, in all likelihood, is just a tale. the safety spotter, who apparently didn't actually see the takedown, came up with that. >> now during the spotter's testimony, osha pushed him to say that he wasn't really sure that 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 dawn brancheau's arm, saying that that was another level of

aggressiveness. again, seaworld is saying it was not an aggressive move. >> one of seaworld's top curators tom 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 interest in spinning these, so that the animals continue to appear like cuddly teddy bears that are completely safe. you know? that sells a lot of shamu dolls. it sells a lot of tickets at the gates. that's the story line that 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 maliciously, they want to prove the theorum that captivity whales makes them crazy. and that is just false. >> all whales in captivity have a bad life. they're all psychologically traumatized. so they are 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 ever 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 seaworld's? 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 that 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 this theory, that seaworld knew there was a calculated risk of injury or death, but put trainers in the water with the whales anyway. while seaworld will say that dawn brancheau's death was an isolated incident. reporting live in seminole county, dave mcdaniel, west 2 news. you may be muddling through allergies. try zyrtec-d®. powerful relief of nasal congestion and other allergy symptoms -- all in one pill. zyrtec-d®. at the pharmacy counter. but thieves can steal your identity and turn your life upside down. hi. hi. you know, i could save you 15% today if you open up a charge-card account with us. you just read my mind. [ male announcer ] just one little piece of personal information, and they can open bogus accounts, damaging your credit, stealing your money, and ruining your reputation.

that's why you need lifelock to relentlessly protect what matters most, helping stop crooks before the damage can be done. and now you can have the most comprehensive identify-theft protection available today -- lifelock ultimate. for protection you just can't provide yourself, get lifelock ultimate. i didn't know how serious identity theft was until i lost my credit and eventually i lost my home. [ male announcer ] lifelock is on the job 24/7. when they detect a threat to your identity within their network, they'll alert you by phone, text, or e-mail. that's protection from the industry leader -- lifelock. identity theft was a huge, huge problem for me, and it's gone away because of lifelock. [ male announcer ] while no one can stop all identify theft, if criminals do steal your identity, lifelock will hire experts to help fix it with our $1 million service guarantee. you have so much to protect and nothing to lose

when you get two full months of identity-theft protection risk-free. that's right -- 60 days risk-free. use promo code "gethelp." if you're not completely satisfied, you won't pay a cent. order now and also get this shredder to keep your documents out of the wrong hands -- a $29 value free. ♪ ♪ ♪

try capzasin-hp. it penetrates deep to block pain signals for hours of relief. capzasin-hp. take the pain out of arthritis.

there's something wrong, you know, 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 the tank with his fin flopped over like that, you know, compared to a wild 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 these animals to perform in basically

a circus environment, and they should release the animals that are young enough and healthy enough to be released. and the whales like tilikum that are old and sick that have put in 205years in this environment, should be released to an ocean pen 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 this 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. ♪ i mean, look at it. so indulgent. did i tell you i am on the... [ both ] chicken pot pie diet! me too! [ male announcer ] so indulgent, you'll never believe they're light. 100-calorie progresso light soups. you keep the peace.

we calm your congestion and pain. [ man ] thank you. thank you. [ female announcer ] you rally the team. you guys were awesome. [ female announcer ] we give you relief from your cough. you give them a case of the giggles. tylenol cold® helps relieve even your worst cold and flu symptoms, so you can carry on with your day. but for everything we do, we know you do so much more. tylenol cold®.

♪ ♪

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. ♪ ♪ ♪

♪

a fran kick manhunt under way this morning. police desperately searching for these four men possibly armed and dangerous. the shocking details on their brazen jail break. the nsa spying scandal engulfing the white house. new allegations this morning that the u.s. was spying on dozens of foreign leaders and a shocking admission as to when the president was made aware. and another huge setback for the obama care website. new, a critical data center