evening, everyone, it is 8:00 p.m. and on flight 370, they have to do with decisions that could be coming back to haunt the effort today. australia's prime minister explains why. >> we now are getting to the stage where the signal from what we are very confident is the black boxes starting to fade. and we are hoping to get as much information as we can before the signal finally expires. >> it is only a matter of time, only so much time at all to hear anything at all. and that is why this latest development comes in.

more suggestions that precious days were wasted in the early days, due in part on the malaysian end. randi kaye has more on that later, and the malaysian officials say they tracked them on the radar after it turned west from the peninsula but then delayed sharing it with the government authorities. reuters saying they didn't saying everything they knew about the westward flight path until days later and it took an order from the prime minister to make it happen. as you will recall it took days to stop the search in the china sea, wasting time. and australia's prime minister said the pinger batteries are either dying or dead. as we report the conflicting information, the allegations have now apparently sparked an official investigation even as the government comes out with

yet another statement. more on that from justice correspondent pamela brown. >> reporter: the defense prime minister making it clear once again that quote, everyone on board remains under suspicion as it stands. but just last week, the police chief suggested the investigation is much more narrow. >> only tthe mixed messages fro different agencies out of malaysia compounding the confusion about the missing plane and stumping both law enforcement and malaysian officials. as far as the agencies are concerned no one has been ruled out, including the passengers. >> i am a little bit surprised they stopped at two or three weeks and said yeah we don't have a problem with anybody on board. >> reporter: the malaysian defense minister acknowledges lessons have been learned, calling the disappearance an unprecedented move. >> there are cultural differences, at times lost in

translation. i'm not saying we handled it perfectly. >> reporter: malaysia's government says it is now investigating itself trying to figure out how different agencies completely dropped the ball on tracking the plane. according to reuters, missed opportunities that may have wasted valuable time searching the ocean far from where the plane is thought to be. but at the same time, the malaysian officials say they failed to acknowledge they made a westward turn. >> the fbi handing over information on the hard drives last week. any word on what the fbi's involvement is right now? >> well, anderson, the fbi is still involved in a limited capacity. the malaysians are still leading the investigation and have to formally invite the fbi in. and they are still following on

leads, the malaysian authorities are trying to put random dots into context. we spoke to multiple sources and are told the data pulled from the flight simulator showed he had an interest in flying different routes from his normal routine. the data shows he also searched how to handle different flight emergency scenarios. but again, this source says this is what any professional and seasoned pilot would do. so far, anderson, nothing jumping out that would implicate the pilots. but of course the suggestion that everybody on board is investigated. >> and the allegations being denied, strongly, officially, raising questions about time being wasted. needless anguish. and let's bring in mary schiavo, and cnn aviation analyst, and pilot miles o'brien and richard quest. let's talk about this.

i mean, if this is true that the malaysian military was aware the plane disappeared from radar and flew back over the malaysian peninsula, and did nothing, i mean they're denying it flatly? >> yes, i mean, if you look at the statements they put out at the time, owner on sunday there were already reports the plane had turned back. the malaysian official says he doesn't deny it. the prime minister of malaysia is already examining military radar. so i'm not saying there is not something wrong. the biggest mistake that was made on the night was that when the malaysian air force noticed the plane going back across the peninsula, they did nothing. but anything thereafter, they seemed to have been -- got it pretty much as it should have been. >> miles, according to reuters, air traffic controllers and the officials seem to think the

plane had mechanical trouble and turned back towards malaysia and then crashed, despite other communications from the aircraft. >> what is amazing, if they really did think that wouldn't the air traffic controllers try to reach them on the frequency that they have been assigned to? or for that matter, the one they were assigned to for ho chi minh. it took them 40 minutes to notice the plane was awol, as it were is to notify the military. part of the confusion was the handoff when each controller thinks they're talking to the handler. it takes time to check out on the other side, if you will. even with that said, the primary target, the civilian controllers should have seen it and certainly the military controllers now admit they saw it and yet everybody sat on their hands. that is extraordinary.

>> and mary, if fighter jets had gone immediately to check out the plane, had they been scrambled when the military radar picked out this plane over the air space would that have made a big difference? >> oh, it would have made all the difference in the world because then they would have had a much better fix on where the plane w-- heading, its heading, the speed, so much time could have been saved. i think it was a big mistake and so much precious time was lost. it probably would have changed the entire face of the investigation. >> richard, there is also reports that the malaysian prime minister, basically had to force the military to turn over its raw radar data. is that true, do you know? >> we don't know, is the short answer. we do know because the malaysian military have said so we do know they did provide the data that showed the plane had moved back across the country.

it says that quite clearly. we examined the military radar records. that is on the saturday. what we don't know is did they get a synopsis? we don't know, the -- all this other stuff miles has put his finger on it. it is what happened after 1:19, between 1:21 when the plane turned around. between 1:19 and 2:40 as the plane went back across malaysia that is the most critical moment. that if anything is where the shortcomings lie. >> and they said all the passengers are vetted and cleared. now we hear from the malaysian prime minister that everybody is still under investigation. do you read that as them not

knowing what one hand is doing, the other hand is doing, or are miscommunication? >> maybe a little bit of both, throw in a little bit of incompetence. saying in front of a microphone, we cleared 239 people, how long did it take? a week or two? anybody trying to get a security clearance it takes months just to do that to find out your background. it didn't sound real the first time anyway. so i think that was in the context frankly anderson, when there was a big push to impune the cockpit crew. there was a flight engineer, which side of the door was he on, the cabin crew who might have had a little bit of experience with aviation. the false passport passengers? who knows?

>> mary, as a former inspector general, what do you make of all of this? >> well, i think a lot of the response now is kind of a cya, you know, for example, there is a public outcry. how could you possibly clear 239 people other than the pilot and the co-pilot, of course, you know in such a short span of time. and now they're walking it back, particularly since the fbi released their data, saying we didn't find anything about the pilot or the co-pilot, they're not mass murderers. if they were so clear about what they told everybody why didn't they speak up when they spent days searching in the south china sea? i just think there is a lot of ba backtracking now and cya going on because so much time was lost and people should have been speaking up and been a lot more transparent. and that is the biggest problem at all.

the malaysian authorities have not been transparent. and that has hurt the investigati investigation. >> we have a lot more to talk about coming up. you can follow me at twitter @andersoncooper with any questions you have. next, we'll check out more with the search commander, commander marks. and later, what happens if the black boxes are recovered. you will be amazed how much information they can hold. that and more when we continue. you created light. you are loved. celebrated. but things have changed since you got into this business. at philips, we're creating led light that people can color... adjust... even make beautiful sunsets. dear sun, you might be number one, but we're getting closer. innovation and you philips

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. well, each night we have been reporting on efforts to pinpoint flight 370 black boxes. and so far, with the complications from the pings, the silt that may be covering the boxes on the ocean floor, the depth and limitations on the locater. however, they face one additional challenge that you may not have known about. it is fascinating, tom foreman has more. >> hey, anderson, we're talking about the devices regarding the ocean floor. four picked up by the towed pinger locaters operating out here in the water. beyond that we've also seen the deployment of things like sonobuoys to see if they may find something else. but any listening device in the deep oceans face a fundamental challenge. and it is a natural occurrence out there. let me show you what i'm talking about. it is called the sound fixing and ranging layer, it is about a half mile down in general. and it is an area of water that naturally occurs where sound

travels less quickly than it does below it or above it. there are a lot of different reasons for it. the selenity, the temperature of the water pressure, but the results are a level of uncertainty that you don't want to see in an operation like this but you have to deal with. for example, if a sound comes up like this and it hits that layer because this is slower it can bend at a very substantial level so that when it emerges it is not at all where you would expect it to be, over here, for example. in other cases the sound may come up and it may hit that layer and start pingponging back and forth from the top and bottom of it. and this can go on for many, many miles so the sound can go off very far from where it is intended. that is why the pinger is recorded around 17 miles of range and that is what makes it harder to figure out precisely where it is.

>> all right, tom, thank you very much. joining us is commander william marks with the u.s. navy's seventh fleet. good to have you on commander, saturday's search was the smallest, most refined one we found. do you know what this is based on, how they're narrowing it down? >> well, yeah, if you look at the four different detection areas they are really only between four and ten kilometers apart. so it is not that bad of an area, you know, certainly considering where we started from. but the critical point is, every even -- you know, couple feet that we can shrink this down is very critical for the bluefin-21 sonar. as slow as the tpl goes, for the tpl, we have to tow it behind us about at the pace a person walks. well, the bluefin is much slower than even that. so imagine you're walking down the sidewalk and instead of just continuously walking, you have to walk and take a picture.

and you do that every so often. so even if you cover a couple of square miles it might take a day or two with the bluefin. so that is why we have to stick with the tpl for just a little while longer to make sure we have exhausted every ounce of power coming from the battery through the black boxes, before we put the bluefin in. once we put the bluefin in, we're essentially here for the long haul searching for it. >> and we heard the fifth ping didn't come from flight 370. a, have there been any other pings? i know it is early there, 8:20 in the morning, so the search is just getting under way. and do you have any idea where the fifth ping came in? >> yeah, i have to give a lot of credit to the australians. they kind of pulled a trick out of their sleeve and rigged the sonobuoy, and normally they don't rig it for the search for the black boxes but they rigged it, tuned it.

i give them a lot of credit. it was not consistent with the black box but it was in that same general vicinity. so you know that is the kind of innovation that we need. this is something unprecedented. we have a lot of aircraft out here. but you know, anything like that helps. so i encourage that. i think they did a great job in getting those sonobuoys out there. >> commander, it is richard quest. now, i think we spoke earlier in the week. we've all been sort of saying at what point do you think when you have heard no further pings that it is appropriate to move to the next stage? well, since it is about three or four days since the last pings are we getting to that state where you think now may be the time to think about it? >> yeah, you know, good question. that is certainly the next decision point. the way i would characterize it as once we pull the tpl out and we start to search with our

bluefin it is essentially -- that is essentially it. you know, the tpl is done. and then we objenly have the bluefin to search, and it is very slow and deliberate and methodical. so leave that in, once you pull that out you're kind of done with that. so any use we can get out of that we may as well get to further narrow down the search area. because like i said even though you know, by another mile or so if we can narrow down the search back there that makes a world of difference when we're doing this very slow search with our bluefin 21. >> commander marks i also want to bring in david gallo who is co-leader of the air france flight 447, and i think you had a question? >> i'm the last person that is going to question a team at sea,

here on land. just wondering about the operating depth of the bluefin and how comfortable you are in the water and depth that appears to be underneath the ship right now in the survey area? >> yeah, so as you know, the pings we think are at about 4500, to 5,000 meters down. so pretty deep. also it is a silt bottom. so environmentals are okay right now. the side scan sonar does have enough power to penetrate through the silt a little bit of a layer there. so this is a pretty powerful sonar and camera system we have. you know, i -- it is tough to say with the environmental sound certainly at that depth. and moving up through the layers it does react differently. so you know you get the tpl down at about 3,000 meters and it should catch anything when the battery is fully powered. but remember, you know, as the battery fades it does not just

stop. it fades kind of like a flash light and gets dimmer and dimmer. so that range is going to be shorter and shorter as we go on. but for the environmentals, it is pretty deep. something i think the side scan sonar, once that gets down there, it will tell how much. >> and once a decision is made from the tpl to the sonar to the side scan sonar, the bluefin, how much time does it actually take to get that in the water? >> well, just to get it in the water is not that long of a process. but once it is in the water it is very slow moving. so a couple of knots, and you're kind of piloting this like a remote control car. just to get it in the water not that difficult. they will get it in, in a day or so. so like i said it is like walking slowly down the sidewalk

and then taking a picture. and then you have to process all the information. and then remember just to turn the ship around takes hours and hours. so you know you could be towing the thing for a couple of miles behind you. you have to reel it in and get it on another reciprocal course. so this is by no means a fast process, a very slow process. >> commander marks, always good to have you one, we appreciate the work you and everybody else is doing. and our panel joining us, david souci and david gallo, and richard quest. david as you look at where it stands today as opposed to yesterday, what do you see? >> well, as richard pointed out, i think it is time to put the bluefin in there. they haven't seen anything for two or three days. i think they're pretty much done with looking for that battery if they haven't heard anything right now. because remember they're searching in the area that they had the signal before, and they haven't received anything. i would estimate the battery is

gone by now. >> and richard, too, to the point of commander marks, once they take the tpl out that is it. they will err on the side of caution. >> yes, i think that would be where i would divert slightly from yourself, david, with respect to that. because angus houston said there is no second chances. so i don't see the urgency, i'm not an expert in this, but from what i have heard from the experts i don't see the urgency to get the bluefin into the water searching other than obviously the resolution of the issue when you can just, another day or two, to make absolutely certain. so i can see o-- >> david gallo, i mean, as slow as the bluefin moves as commander marks was saying for an area this big how long would it take before they have an accurate picture of what is on the ocean in the ocean depths,

in that entire search area? >> yeah, i was a bit surprised, anderson, that is a little bit slower than i expected. but that is good, it means they're not going to sacrifice resolution for covering more area per unit time. but it sounds like a month, two, three months. if they keep this size, if it is thousands of square miles it will be a long time. so every little bit they can narrow down in that area is going to pay off and being able to get that bluefin in the water and make a map. >> david gallo, i had a question for you, as well. this is dave. they mentioned that it was 4500 kilometers. was that right? 4500? >> how deep was the water? >> 40 meters. >> yeah, 4500 meters that the bluefin would go to 3,000 is what he said. that gives 1500 feet. sounds like a really wide swath

for that to go 1500 feet down. does that sound like it is going to get a good resolution. it doesn't sound like that to me, that far off the bottom. >> well, they could. you know, it depends on how the operation is planned. they can find higher above the bottom and sacrifice a little bit of resolution. i just don't know what frequency they will be using and maybe commander marks will share that with us about the frequencies they will be using. they have a couple of different ones they can use to make a map. but it all seems reasonable if they're going low and slow. once you get up higher then we're going to have to see what they gain by that. >> we'll talk to commander marks once he is on the program. and you can always find out more on cnn.com. and actually it will change the face of the investigation, in what we've learned from them in past investigations like this. we'll also try to pierce the veil regarding the top secret military plans, we'll look at what has been used in past

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[mom and dad] [laughing] [boy] whoa,whoa,whoa... [mom] you've got two left feet,boo. well, investigators obviously focusing the efforts on finding those black boxes. but let's look at what happens if they succeed. the question is what happens if they find the recorders? randi kaye reports. >> reporter: in july, the air france flight takes off from paris. this terrifying video shows the plane on fire as it leaves the runway. the control tower radios the

pilots, 4590, you have strong flames behind you, moments later they crash into a hotel killing all 109 on board. the plane's black boxes are recovered. >> the black boxes are in good state to be decrypted. we have to understand what the data means. >> reporter: the cockpit voice recorder unveils the last words, the co-pilot tells the captain to land at the nearest airport, his response? too late. the black boxes reveal a catastrophe problem with the engine, air france 447 caught in a powerful storm and rolling to the right. it is june 2009, 228 people on board, the flight from paris. the plane begins to fall 2,000 feet per minute and crashes into the atlantic, belly first,

killing everyone. >> this is what we're looking for in the middle of the atlantic ocean. >> reporter: two years later they find the black boxes deep in the ocean. before the recovery it was thought the plane's speed sensors were to blame. but the black boxes reveal the pilots were at fault. a transcript from the cockpit voice recorder shows confusion in the cockpit. we still have engines, what the hell is happening one co-pilot asks? another co-pilot says climb, climb, climb, then the captain, no, no, no, don't climb. in february 2009, colgan air flight 407 also stalls and disappears off radar. >> approaching. delta 1998, look off your right side about five miles, should be 2300, do you see anything there? >> the plane drops dangerously low, it begins to fly in heavy

snow, the pilot overcorrects, a fatal mistake. >> obviously the initial reaction to the stall warning was incorrect. >> reporter: the jet crashes into a home in buffalo, new york, killing all 49 people on board. >> we put our lives in the hands of people that we assume that the faa is -- and the airlines are properly training. >> reporter: both black boxes, the cockpit voice recorder and flight data recorder divulge panic in the cockpit as the plane falls to the ground. private marvin renslow blurts out, jesus christ and we're down! the first officer starts to say something but is cut short by her own screen. the black boxes reveal the airplane pitched and rolled. and this horrifying fact, the pilots were joking around as the plane slowed in the final moments before tragedy struck. randi kaye, cnn, new york.

and david souci, these black boxes as important as they are they still may not show intent or may not show exactly o-- >> it is still going to involve speculation to find out why these things happen. what the black box will tell you is what happened. it will also tell you what responded. if the flight control has moved and if it is moved by hand. and then the flight control does not respond as expected that will tell you that. or if something happened and they flip a switch and the switch doesn't do what it is intended to do. those are the kind of really important clues you can find in there to determine if it was a mechanical failure or something was not functioning as it was supposed to. >> and it would be able to determine if a human was at the controls? >> absolutely, we would be able to know that. >> mary, is there one black box, data recorder that was more useful than the other? >> oh, yes, if i had my choice i would want the flight data

recorder because with 88 programmeprogra parameters it is almost going to look like an ekg, and david souci was exactly right. either something was wrong or somebody turned it off. i would want the flight data recorder first and foremost. >> and the data recorder wouldn't have the first crucial moments when the plane turned? >> it has a two-hour recording. the voice recorder is a very good indication of what was happening at the moment. and very often they will end up -- the investigators, as you all know that better than me, the investigators have to listen and they will hear sounds. they will hear flaps being employed. they will hear the wheels going down, they will hear changes in the moment. but mary puts her finger on it when she says it is the flight data recorder that shows you what happened. >> and in a lot of different ways. >> well, the flight data

recorder is important for that. the last two hours will be important because you will be able to identify the proximate cause, which is the last thing that could identify what happened. the very last moments which is very good to know. even if there was no one flying the plane, you will be able to tell which engine flamed out. there is very important information that will tell you what was going on not only in the cockpit but what the airplane was doing. even a stall can be recorded. >> it has distinctive sounds. >> that is correct. >> and will retrieving the black boxes be comparatively easy next to this month-long search for wreckage? >> it is hard to say, anderson, again without having a real good map of the sea floor we don't have one. i'm assuming that the echo is out there. it is a very capable

hydrographic sensor, it has all the elements to make the map. the shape of the sea floor as well as things that can penetrate the sea floor to tell you how much sediment is there. and we'll have the idea what the texture is like if the boxes may have sunk into silt or if they're sitting in rubble or canyons or crevices, so again, we'll have to wait until we have more information. >> richard, if you take a step back and look at where the pings are, where it is believed the plane has ended up, it is still so mind boggling why it took that route. why it ended up in that isolated area so far from where it was supposed to be. >> five weeks ago tonight, while we're talking it was doing it. i mean, that is the long and short of it. and the incident had happened by

now. and we have got to get to those flight data recorders to know what happened. >> and six, five, six, seven hours that the plane was in the air after the turnaround, i mean, if -- if the passengers were alive what was going on, on board that airplane for that length of time? >> i don't think any of us want to contemplate that. >> it is just extraordinary. david souci, david gallo, mary schiavo. and we'll tell you more on the tools the military may be providing, assets that we don't hear much about. also, a tense week with the trial of oscar pistorius, ends with a dramatic element as the prosecutor takes another attack on pistorius. ut tires. and what they've been through lately. polar vortexes, road construction,

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. right now, i want to show you what is happening in the search zone that is being used to try to locate flight 370. this is the area of the indian ocean where the search teams are zeroing in, which is now down to

about 18,000 square miles. this is where the search vessel, ocean shield, have picked up the pings that could have been from black boxes. so how did they find those pings? well, that vessel, ocean shield, was equipped with a navy locater. it can drop down to about 10,000 feet if necessary. meanwhile, australian air force planes are dropping sonobuoys into the ocean which release microphones that descend to about a thousand feet. now, they're microphones that can pick up signals a thousand feet below the surface. the investigators plan to keep searching, narrowing the site as much as possible while the locater beacons are perhaps still working. once searchers targeted the area on the floor they will deploy the unmanned bluefin-21 under water vehicle that has more accurate sonar capabilities and

possibly maps to look on the ocean floor. they will need rovs to bring them up, remotely operated under water vehicles. now they are used to location the black boxes. but there are other assets used by the military, things we may never know. gary tuchman has more. >> reporter: the u.s. is involved in the search for the missing flight 370. millions have been spent, ships, planes, and underwater surveillance video equipment. and have they approved a manned submarine? >> i don't think there is any way in the world that the u.s. would come out and say hey, guess what? we have subs in the area and this is what we do. it is called the silent service for a reason, they're very secretive about the assets.

>> reporter: david gallo was the co-leader on the successful lead to find flight 447. at the home of the deep water naval research submarine called the alvin, research subs can go very deep but are very slow. it is known that military subs are faster. information is classified but it is believed they can't go deeper than about a thousand meters. the bottom of the search area is estimated to be about 4500 meters. >> i do believe they have some recovery vehicles that may go deeper in the ocean than about a thousand meters but they would be something that would carry only a few people and for a short time down to that depth. >> reporter: but the british royal navy has sent a manned sub to join in the as i understand ocean search. the u.k. military announcing th

that has advanced under water search capabilities. >> i was very surprised to hear the british announce they were bringing a sub into that region. and in the case of air france 447, they brought a sub in there, as well. >> the u.s. military has a proud history of using the sub for other causes. for example, when the titanic was found, a navy research vessel was used for the search. regarding this search, we asked the pentagon if they would confirm what was sent to the site. a navy official responding in part, the navy currently has two p-8 poseidon craft searching the area west of perth. in addition, the navy is providing a bluefin side scan locater, but besides that, they were very tight-lipped. no confirmation, no denials. >> fascinating technology. up next, the prosecution

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in our crime and punishment report tonight, it is day five for oscar pistorius on the witness stand. it is a dramatic day, most of us have not seen the testimony because oscar pistorius decided not to appear on camera. somebody gave him a hug as he left. the prosecutor has tried to pick apart the olympic runner's testimony, about the night he killed reeva steencamp. oscar pistorius clenching his jaw, visibly tense as he tried to explain his actions before killing reeva steencamp. >> i'm getting emotional, because it is a difficult time for me to remember.

>> the end of a grueling week for oscar pistorius. >> it is important that you should be all here when you are in that witness box, you understand that? >> i do milady. >> he admitted mistakes about answering questions about whether or not his alarm system was off. >> this is a key moment by acknowledging he did not make a mistake because he was tired. he opened the door for the judge to ifer -- infer an inconsistency in his testimony. >> if he thought he heard the noise of a burglar, why didn't he discuss it with reeva steencamp when he was awake. >> does you not say, i heard that? >> there was no doubt in my mind about what i heard. >> she was standing in front of the door talking to you when you shot her. >> that is not true, milady. >> that is the only reasonable explanation for her standing

upright. that is the only reasonable explanation why you shot her in the head, the way you did. >> that is not true, milady. >> on thursday, the prosecution laid out its case the night that oscar pistorius shot and killed steencamp. >> i would say you got up, had an argument, that is why she ran away screaming. >> they had had an argument, and the olympian says he feared there was a burglar in his home. >> i didn't intend to shoot. i was pointing it at the door because that is where i believed that somebody was when i heard a noise, i didn't have time to think and i fired my weapon. it was an accident. >> the prosecutor unwilling to believe the shooting was anything less than murder. >> your version is so improbable that nobody would ever think it is reasonably, possibly true. it is so improbable.

>> the court adjourned early on friday, perhaps a welcome relief for oscar pistorius and his team. he will continue to be grilled by the state prosecutor on monday. robyn curnow, pretoria. and coming up on the citations received in the case. when folks in the lower 48 think about what they get from alaska,

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all right, let's get caught up on some other story, randi kaye has the bulletin. >> anderson, the pope has apologized for behavior. the pope is aware of the moral damage and promised to impose penalties on men of the church who hurt children. and ten people were killed in a fiery crash between a bus and a fedex truck in california. the truck crossed a median and slammed head-on into the bus carrying college students, the bus driver and three others died. and losing the case in a case of a trainer killed by the orca, after dawn brancheau's death, they restricted how the

killer whales interact with the trainers. that does it for us, on "ac360," "the lead" with jake tapper is next.

tonight, the u.s. navy is agreeing the signals in the water are almost certainly from black boxes from flight 370. i'm jake tapper, and this is "the lead." the navy lead, echoing the world saying they are very confident they have found evidence of the black boxes. time and again, malaysian officials have fumbled in their investigation. and the airline in question even lost black box data before. so if the recorders are found should somebody else maybe take a crack at what is in them? and directing the top grossing movies of all time. he is also an under-sea adventurer