Skip to main content

tv   Erin Burnett Out Front  CNN  May 15, 2015 4:00pm-5:01pm PDT

4:00 pm
touch with us. i know you guys have a tough mission out there. let's see what happens. we'll hopefully stay in touch with you throughout this mission. thanks very much. be safe over there. that's it for me. thanks for watching. erin burnett "outfront" starts right now. >> outfront next the breaking news death to the boston bomber. dzhokhar tsarnaev visibly unmoved. outfront tonight, a survivor who lost a leg in the bombing. tsarnaev's next stop what's called the alcatraz of the rockies. a version of hell. we'll take you inside. a stunning revelation from the ntsb. did something strike that amtrak train just before it flew off the rails? let's go "outfront." good evening, i'm erin burnett
4:01 pm
outfront tonight. the breaking news. death. a jury sentencing boston bomber dzhokhar tsarnaev to death by lethal injection. a first responder says it was the right decision. >> he wanted to go to hell and he's going to get there early. >> tsarnaev showed no reaction as the death sentence was read. but as he was taken away by u.s. marshals he smiled, hands cuffed at his waist, his index fingers extended in a suggestion said to look like a gun slinger's two pistol salute. they exploded two bombs 12 second apart near the end of the boston marathon finish line two years ago. they caused horrific injuries. 17 of the injured lost limbs. and tsarnaev killed 29-year-old crystal campbell 23-year-old lindsey lieu and 8-year-old martin richard.
4:02 pm
three days later the brothers assassinated police officer sean callier as they tried to flee. >> even in the wake of whohorror or tragedy, we are not intimidated. the trial to have this case show cased an important american ideal. that even the worst of the worst deserve a fair trial and due process of law. >> the worst of the worst sentenced to death by a jury of his peers. debra feyerick has been covering this trial from the very beginning. she's out front tonight in boston. let me start with what just happened. i know where you are, dzhokhar tsarnaev leaving the court and you were able to see? >> reporter: that's exactly right. you can faintly hear the sirens. but a caravan just seconds ago left the courthouse.
4:03 pm
we believe that is dzhokhar tsarnaev. he is returning to prison. he will ultimately find out where he will stay while he awaits for the execution. he has been coming become and forth to this court. it's the only kind of interaction he's had with anybody who is not connected to the prison system being in that court, seeing the judge, seeing the jurors seeing the people in the courtroom. but now he's on his way back to prison. he will be brought back for sentencing date time and all of that a little later on. but he has now left the building, as they say, erin. >> what was the reaction like in the courtroom as the sentence was read and also from tsarnaev himself? >> reporter: yeah. it was so interesting because it was about 2:30 in the afternoon. everyone expected to be going home for the weekend and all of the sudden somebody just rushed into one of the overflow rooms and rerealized that the note had
4:04 pm
come back that the jury had a verdict. when everybody walked into that room it was very heavy and somber. nobody was moving because again, this is all about life or death. and as the slip was read by the judge's clerk about the charges and the findings it took 30 minutes for all of that to cake place. and then the ultimate finding that some of the capital charges were death. six of the 17 ultimately with the death penalty. but even when some of the spectators in the court, the victims and their relatives, some dabbed tears. when they walked out of the court they hugged each other. but there wasn't any real talking. nobody seemed happy. it just seemed like this was about justice and justice had been served. >> deb, thank you very much. deb reporting live from boston. as she said dzhokhar tsarnaev leaving the courtroom within the past minute. ro san lost her leg from that
4:05 pm
bombing and she watched the trial and now joins me on the phone. so many of us around the country are looking to you to figure out how to feel about this. when you heard the verdict today, what went through your head? >> first off, thanks for having me. you know honestly i was kind of going about my business today and didn't even really think about the verdict. i think maybe because i thought it wouldn't be today. would be more like monday. but when i timely did hear it you know there's no right answer and there's no wrong answer to it. it definitely was a heavy moment for the thought of everything that the survivors have gone through, especially more important by the families of the deceased. and i think, you know it was kind of a heavy moment. i'm surprised that it was the death penalty. but that's why we live here in
4:06 pm
america and the justice system has its way. and he was judged by a jury of his peers. >> you talk about it was a heavy moment. you say you were surprised. is this the verdict you were hoping for? are you satisfied with it? >> you know honestly i view the whole thing based on similar to politics and religion where i don't think that it's something to discuss my personal views. i do think that there, again, there's no right answer no wrong answer and everybody has their own opinion of it. i really at this point because i'm okay i'm alive, i really want to support those families of the deceased and however they want to look at it has been my view. >> which is incredibly gracious of you. i know you used the word okay. but tsarnaev changed your life. he took a leg from you. you're never going to have that back. when people hear of that they think you have gone throw incredible safering. can you ever forgive him in.
4:07 pm
>> i don't even know i think i know exactly what happened to be to be honest. it's strange to say i wake up with it every single day. every day i wake up and go oh my god, i don't have a leg. or i walk out and see my car in a handicap spot and i go wait a minute i'm handicapped. i try to live my life as normal as possible. i'm working on getting back to the normal. he has changed my life in many ways. you know taking my leg is an awful thing and it definitely you know excuse the expression but it totally sucks and i hate it every moment. but there's positive situations that have come out of it. you can't ask the question do you wish it would have happened or didn't happen. but the way i look at it is that i'm alive and i can do what i can to continue being the way i was before. >> rose ann thank you for taking the time to talk too us on this difficult way.
4:08 pm
we appreciate it. a lot of people thought tsarnaev would not get the death penalty in the state of massachusetts. so many people are against it. but this of course was on the federal level, even thoi the case was heard in that state. jean they didn't agree on every charge. all they needed to do was agree on one that carried death. how hard was it for them to come to an agreement? >> reporter: it appears as though it was very difficult. we're seeing this state of mind. this was a 24-page verdict form. there were many questions, specific interrogatories and they just went one by one. let's look at the facts here. there were 17 counts that were capital counts. they would find on any of those the death penalty is warranted. they found six. they found one-third of the 17. they are the ones that dzhokhar tsarnaev personally were
4:09 pm
responsible for. the pressure cooker bomb number two. and they all involved pressure cooker bomb number two. when you look at the nonstatutory aggravating factors, what are thing a va tors which make someone eligible for the death penalty, they all found a lack of remorse. they all found that he murdered the police officer performing his duties. and as far as mitigating factors, there were only three jurors -- remember. this is not unanimous. this is more likely than not, they believe he acted under his brother's influence. only three jurors. three are three. but still you see how specific they were how in-depth they were in and they were a death qualified jury within the commonwealth of massachusetts. they took an oath that they could say the death penalty was warranted if the evidence showed it. >> jean casarez, thank you very much. what they had to go through. we're going to talk about how
4:10 pm
crucial this jury is. out front tonight wur paul call land and jeffrey toobin. jeff, let me start with you. this is the first time a federal jury sentenced someone to death in the post 9/11 era. 9/11 is when the definition of terror changed in this country. bottom line were you surprised by this verdict? >> not really. it was a close call. the community, the polls show that only about 20% of the people in boston wanted to cesar knife executed. that's a low, that's a low number. but if you were in that courtroom, the monsterous of this crime, the horror that went on was unmistakable. if you are forced to look at him and say we have a death penalty in this country. if not for this crime, when would you ever have it. i would aa little surprised but not a lot surprised. >> in the closing arguments the
4:11 pm
defense attorney who is well-known for getting people off the death penalty off. he said this is only for the worst of the worst. he is not the worst of the worst. people who heard this and saw this thought this is the worst of the worst. how big of a deal is it this verdict? >> i think it's a very big deal. what could be worse than. it was a meticulously planned event. members of the press started crying in court reporter when some of the videos were shown. and he confessed in blood, you know on the side of the boat in which he was apprehended. and at the time of trial, what is his defense? >> his attorney never said he wasn't guilty. >> he offered one defense which is my brother is nastier than i am. that's no defense at all. it's not any surprise to me that the jury followed the evidence and it led in one direction, to the death penalty. >> to the point jean was making you only had three that bought
4:12 pm
into the argument that the brother was more important. how important is that going to be on appeals. that's the only argument they had. >> i don't think that's an important argument on appeal. they have one potential argument that may actually win on appeal i think. and that is the failure to move this trial out of boston. >> couldn't get a fair hearing in boston. it was too emotional. >> it wasn't just a crime in boston. it convulsed the whole city. it was a crime at the marathon. the whole city was shut down while they looked for the tsarnaev brothers. and you know the oklahoma city bombing trial, that was moved to denver. and there's -- there are a good deal of similarities between the two. most appeals fail. i expect this appeal will probably fail too. but that is a -- that really does have a chance of succeeding. >> i have to respectfully disagree on that with jeff. this verdict was taken in probably the most liberal place in america, massachusetts, where most people oppose the death
4:13 pm
penalty. had it been moved to houston or denver or a more conservative place, the jury would have been out for two hours instead of three days. i don't think it would have changed the outcome. >> there's one thing that made me think this would have gone the other way, that was the parents of the 8-year-old that was killed. they said the continued pursuit of punishment could bring years of appeals. we hope our two remaining children don't have to grow up with the lingering painful reminder of what the defendant took from them. they were saying do not do death because the appeals process will take too long. >> and the defense attorney made the argument that being in the super max, which you're going too auk about shortly, is worse than death. i mean think about what a young man he is. he would have had to spend decades in there. and you know that's not a bad argument. but that op-ed piece was not put in front of the jury. and it is true though that these appeals will go on for quite a few years. >> but paul the bottom line is
4:14 pm
quickly, you're saying even the appeals process on life in prison would have gone on too. >> there would still be the same number of appeals and the same number of publicity. the super max, they're suing -- there's a federal suit saying that's cruel and unusual punishment. who knows if that place will be open in five years. i think they gave death because there's certainty to it or more certainty to it. >> thanks to both of you. we are going to take you inside the super max. a special report out front. dzhokhar dzhokhar dzhokhar tsarnaev's hell. we have a special report on life inside that prison next. a major development in the amtrak train investigation. we have the breaking news ahead. tom brady against the nfl chief roger goodell.
4:15 pm
does that mean brady's appeal is toast? ♪ ♪ when you're living with diabetes steady is exciting.
4:16 pm
only glucerna has carbsteady clinically proven to help minimize blood sugar spikes. i'm a bull rider make it part of your daily diabetes plan. so you stay steady ahead. the network that monitors her health. the secure cloud services that store her genetic data the servers and software on a mission to find
4:17 pm
the perfect match. and the mom who gets to hear her daughter's heart beat once again. we're helping organizations transform the way they work so they can transform the lives of the people they serve. a major development in the a major development in the
4:18 pm
just moments ago dzhokhar tsarnaev seen leaving the courthouse after the jury voted to sentence the boston bomber to death, the 21-year-old would spend the rest of his days at super max. it is for as many say, the worst of the worst. a former warden calling it a quote unquote clean version of hell. tim think mcveigh spent time
4:19 pm
here before his execution. yuna bomber ted kosinski is spending eight life sentences there and the shoe bomber richard reid is spending the rest of his life in super max. >> dzhokhar tsarnaev behind bars. life here in a prison this closely guarded the world can only imagine. >> the super max is life after death. it's, in my opinion, far much worse than death. >> known as the alcatraz of the rockies, this is the only federal super max where 420 of the country's most dangerous criminals are locked up with the most notorious terrorists. the 21-year-old boston marathon bomber could soon be among them. >> this kid doesn't have the skill sets. he's not one of the gang there. he's not close to being what the other super max type of inmates are. he wouldn't fair in there.
4:20 pm
>> built in 1944 for $60 million it's designed to cut criminals off from the rest of the world and each other. >> if he is assigned to the super max, he is no threat to anyone period. the super max is designed to stop those threats. but this person doesn't even have the skill sets to be like the other inmates there. to communicate outside, no one is following him. >> cameras aren't allowed in. human contact hardly exists. >> when you're looking at people like the 1993 world trade bomber tim think mcveigh was there, nichols is still there, the shoe bomber the uni bomber -- >> many isolated 23 hours a day, seven day as week behind bars and sliding steel doors, the prison encircled by a dozen gun tourers and guards armed with tear gas and .9 millimeter shot guns.
4:21 pm
inmates exercise alone in chambers chambers. >> if you're the unibomber, you're going to sit there and read most of the day. if you're a former spy, you're going to study. but many of the inmates do not have the coping skills. they don't have the reading ability. they don't have the toiblt to be la tig jous. there's no outlet. it's not designed for treatment and corrections. it's not a correctional institution. >> the only window to the outside world is a few inches wide. the marathon bombers new view could be just a narrow patch of sky. tsarnaev would be a high profile inmate. it's possible he could be targeted by other prisoners. that's just one reason experts say he wouldn't be placed in open population. but even in super max he could have some communication with immediate family members in the form of closely monitored and very limited phone calls and also occasional noncontact
4:22 pm
visits. erin? >> thank you very much. joining me now, attorney andrew maloney maloney. he been inside the super max federal prison. you spent two days inside this prison in fact where dzhokhar tsarnaev may spend the rest of his life. you were speaking to an inmate who was sentenced to life for his role in the 9/11 attacks. what was it like going inside that super max prison. physically what did you go through and psychologically? >> physically it took about 20 minute to get from the front door to the place where we had our interview. and that's because you go through, i estimate probably at least 10 to 12 metal doors. they would close one behind you before the next one would open. you have to be stamped with infrared dye. psychologically you felt like you were going underground even though think most of it is on
4:23 pm
the side of the hill. and it feels like you're going underground and it feels like you're being entombed. you definitely have an immediate feeling of isolation. even though i was with a small group of other attorneys, we felt ace lited. you felt like a rat in a cage. >> the former warden richard wood he described a sentence at this prison much worse than death. i wanted to play a little more of what he told us. >> sure. >> you're designing it so the inmates can't see the sky intentionally. you're putting up wire so helicopters can't land in your open areas. you're having an abundance of staff. you're doing everything you can to say these people are dangerous. >> i know you've been to a lot of prisons. i mean is this really as some described it, a cleaner version hell the worst of the worst? >> it's a good description.
4:24 pm
other prisons, some are dirty and they smell but there are people. you can see guards. there's interaction. there's a social life so to speak in those prisons. this prison is i mack cue lately clean. very very clean. but it is very sterile. it's like being in a very sterile environment and you notice right away you don't see many people. you see very few guards. they're behind glass windows and cameras. you don't see the guards very often and you certainly don't see other prisoners. >> and the inmates spend 23 hours a day in a 7-by-12 concrete cell. when they do get to exercise or recreation they do so in a cage which may surprise people. it's not much bigger than the prison cell. you had a chance to see those? >> yeah. i think somebody referred to nem in the vernacular as a dog cage. sometimes you see a dog at a kennel outside when they get to go outside, there's a cage or a
4:25 pm
rectangular shape and that's the only outside activity -- that's the only time the prisoner gets to go outside and they can only walk a few feet in each direction, just like a dog in a cage. >> thank you very much. that is what life will be like possibly for dzhokhar tsarnaev as he awaits death. breaking news investigators say the amtrak train may have been struck by an object. the fbi is now looking at the windshield for evidence. it's a possible bombshell claim. and the engineer finally talks to the ntsb. he says he wasn't tired and he wasn't sick. what else did he tell investigators. we'll be right back. mple question: in retirement, will you have enough money to live life on your terms? i sure hope so. with healthcare costs, who knows. umm... everyone has retirement questions. so ameriprise created the exclusive confident retirement approach. now you and your ameripise advisor.... can get the real answers you need.
4:26 pm
start building your confident retirement today. and when you bundle your home and auto insurance through progressive, you'll save a bundle! [ laughs ] jamie. right. make a bad bundle joke a buck goes in the jar. i guess that's just how the cookie bundles. now, you're gonna have two bundles of joy! i'm not pregnant. i'm gonna go. [ tapping, cash register dings ] there you go. [ buzzing ] bundle bee coming! it was worth it! saving you a bundle when you bundle -- now, that's progressive.
4:27 pm
ugh... ...heartburn. did someone say burn? try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief. if you don't think "hashtag love dad" when you think aarp, then you don't know "aarp". our aarp tek program helps people find better ways to better connect with each other. find more real possibilities at aarp.org/possibilities listen up... i'm reworking the menu. veggies you're cool... mayo, corn dogs... you are so out of here! ahh... the complete balanced nutrition of great tasting ensure. with nine grams of protein... and 26 vitamins and minerals. and now with... ...twice as much vitamin d ...which up to 90% of people don't get enough of. ohhhhhhh. the sunshine vitamin! ensure now has 2x more vitamin d to support strong bones.
4:28 pm
ensure. take life in.
4:29 pm
breaking news tonight. a major development into the investigation of the deadly amtrak derailment outside philadelphia. the ntsb revealing just moments ago that an assistant conductor on train 188 believes that she heard an engineer on a local commuter train say his train had been shot at her hit by a rock. and then here's the crucial part she heard her engineer
4:30 pm
brian bostian respond. >> she also believed that she heard her engineer say something about his train being struck by something. >> that could be very very very significant. now the ntsb also says it's now questioned the engineer brian bostian. they describe him as extremely cooperative. jason carroll is outfront. he's start with this. everyone has all sorts of theories. this is the first we've heard that perhaps something you thrown at or hit the train. how would information about a possible project tile hitting train 188 change the investigation? >> reporter: first of all, the first thing to explain is that ntsb still doesn't have a confirmed explanation as to what caused that train to accelerate. but this investigation is now going to change in that the fbi is now being brought in to take a look at that lower left hand portion of the amtrak windshield. they're going to take a specific look at it. the ntsb speaking just a short
4:31 pm
while ago talking about what area what they'll be looking for. >> if you're standing in the middle of the loek motive cab, the center line over here is where the engineer's windshield is. in the lower portion of the left-hand windshield there is a circular pattern that emanates out just a little bit. that's the damage to that. >> reporter: as you know bostian doesn't remember very much at all after leaving the pennsylvania station. he does not remember being hit by anything at all. in fact ntsb says that his injuries are also not consistent with being hit by an object. so obviously this is an investigation that has taken somewhat of a different turn but an investigation that is far from over. >> i know they had a chance to talk to him for an hour and a half. what did he tell them? do you have any more information about what he said? >> reporter: well a few things.
4:32 pm
first of all, he told investigators that he was not fatigued. he was not suffering from any illness at all. investigators, ntsb investigators said he was very cooperative. agreed to be interviewed again. there is one other point that we should mention and that has to do with bostian and the other members of the crew. apparently when the train, just as the train left washington, d.c. the entire crew had a safety briefing going over a number of topics one of the topics that they reviewed as they left washington, d.c. was speed safety. erin? >> thank you very much jason carroll. as jason says seems like this is a bombshell revelation and yet it doesn't explain what happened or does it. let's bring in jim ro mines, former investigator in charge of the ntsb who investigatored rail accidents for 18 years along with david susie who's investigated transportation disaster for 20 years. what's your reaction to this
4:33 pm
account? this is coming the assistant conductor who was on the train said she overheard a conversation on the radio in which bostian said that train 188 had been hit by something. >> the glass in those locomotives, all railroad glass is required to meet glazing standards and glazing standards will stop a bullet or a cinder block. objects being thrown at a train are not unusual on the northeast corridor. it could be a distraction but it wouldn't be a long term distraction. i'm sure you'll find that the object didn't pierce the glass. >> to your point, they're also saying that his injury are not consistent from being hit. so he at least doesn't appear that he was hit by anything. we know that a commuter train running along the same tracks as this train reported being hit with something along the same time. we have a photograph of damage to that particular train. that other engineer stopped his
4:34 pm
train, he brought it to a halt. if train 188 was hit, aside from the point that it wouldn't have pierced the glaz and that it probably happens all the time what would explain the fact that train 188 accelerated to 106 miles an hour, two times the speed limit after being hit? >> that would be totally speculation. other than as tim mentioned, too, that if it was a distraction at the wrong time it may have been that he was too distracted to pull that back. this is a common event for someone to throw things at trains. the fbi being called in is not common. we'll look into what they're doing and why they're looking into what they are. >> what's your view of what would explain -- as we said other trains around this time there were a couple of incidents where trains were hit but they brought those trains to a halt. do you see any link between the train being hit and this train
4:35 pm
in less than a minute's time increase ud its speed from 70 miles an hour to 106 miles an hour? >> if that were to happen i would think he would slow the train rather than speed it up. from what i've seen he was not aware of his speed until he put the train in march. >> the ntsb is also saying with we know the engineer had been working for amtrak for four years as an engineer but now saying he had only been on this particular route washington to new york for a few a weeks. everyone that has been talking former colleagues said he had great attention to detail, was very precise in terms of doing his job. but do you think only doing this for a few weeks means he wasn't familiar enough with the rout he forgot where he was, something hit him, he was distracted he sped up instead of slowed down?
4:36 pm
>> there's two types of restrictions. one he's handed the day he leave the station and the other is a timetable that gives him the speed limit just like you would with a car. he would have lost his bearings. but it would have been strange if he had been an engineer that long. the qualification process is very detailed. he rides with another engineer until he demonstrates pro proficiency. >> if the train wreck was not human error, why was the train accelerating so quickly moments before the crash. that is the mystery tonight. after ordering the investigation, the nfl commissioner roger goodell says he will be the judge and jury for tom brady's appeal. so does tom brady have a shot?
4:37 pm
this is amazing. i love this car. real people are discovering surprising things at chevy. this is a road trip car. we're sold. it's so pretty. they're good-looking cars. it feels great. perfect. this is not what i would expect from a chevy at all. get more than you expect, for less than you imagined at the chevy memorial day sale, going on now. get cash back for 15% of the msrp on select 2015 models in stock the longest. that's over four-thousand dollars on this chevy equinox. find new roads at your local chevy dealer. we all enter this world with a shout and we see no reason to stop. so cvs health is creating industry-leading programs and tools that help people stay on medicines
4:38 pm
as their doctors prescribed. it could help save tens of thousands of lives every year. and that would be something worth shouting about. cvs health, because health is everything. he says she's an undisciplined overwaterer. she claims he's a cruel underwaterer. with miracle-gro moisture control potting mix, plants only get water when they need it. fight ended. or shifted? miracle-gro. life starts here.
4:39 pm
4:40 pm
breaking news on the deadly amtrak train crash. the ntsb just revealing that a conductor overheard the engineer at the controls saying that his train had been struck by something minutes before it derailed. the fbi is now on site examining damage to the train's
4:41 pm
windshield. the n strks sbrks also says that the injuries on the engineer were not consistent with being hit by anything. also tonight, investigators wrapped up an interview with the engineer. brandon bostian is his name. he was cooperative. but long before his train flew off the tracks at 106 miles an hour twice the speed limit, bostian apparently ranted online about the rail industry. he ripped on officials for not using tools to prevent this exact thing from happening. drew griffin is out front. >> there is no doubt brandon bostian was on his dream job. e was an engineer that took his job seriously and the safety of his passengers passionately. >> good engineer? >> great engineer. >> and it turns out a prolific writing engineer. brandon bostian appears to be a blogger posting comments on train safety dating years back and pushing on posts for the nation's railway system to do
4:42 pm
better. in response to a fatal crash in chatsworth california in which another engineer was texting, bostian who wasn't involved writes about the safety technology that would have prevented that crash and ironically his. at any point over the previous 80 years, he writes the railroad could have voluntarily implemented some form of this technology on the line where that fateful wreck took place. but instead it took an act of congress to get them to do it. yet another post he apparently writes of his frustration. i wish the railroads would have been more proactive from the get-go. the reality is they have had 100 years of opportunity to implement some sort of system to mitigate human error but with a few notable exceptions have refused to do so. xavier u bishop was on bostian's crew. he was a flag man and said brandon's safety checks never wavered. >> he was very thorough when he
4:43 pm
came to work. always had his paperwork. always on time for the briefing. half the time he was there before us. but he was always on point. >> as you told me that includes an hour before the train, checking everything out, especially checking the brakes. >> yes. >> all these things are checked. >> yes. you know make sure the brakes are on point, make sure everything is good check the horns. but you're not responsible for the equipment until you get to your destination. >> erin one thing we did learn from the ntsb today, and that is that an inwardly facing camera might have solved this whole mystery of an engineer who can't recall anything about the accident. but in 2010 even after the ntsb recommended engineers have these inward facing cameras looking at the engineer and the cabin, they are still not in place today. a significant safety feature that would have solved this
4:44 pm
issue at least by now. >> eeng nears and i know pilots always fight those cameras. thank you very much drew. now a friend of amtrak engineer brandon bos chon. stephanie, i appreciate you taking your time to be here with us. we were going through the posts that obviously brandon was very upset and passionate about some of the shortcuts. another post read everyone wants to go through inconvenience, but what will you say when you rear ena hazmat train killing dozen os hundreds of people. is fact that he was posting a u of these things surprising to you at all? >> not at all. as long as i've gone brandon he's been extremely passionate about trabs, transportation railroad. this was his dream job. he's going to go to bat for it. he's going to speak out and say what he think needs to be done. >> did he talk a lot about his
4:45 pm
work? >> you know i haven't -- i saw him several years ago and he was -- you would have thought he won the lottery having gotten hired on with amtrak. when i knew him he was in high school and college, worked with him then. and he talked about trains all the time. he loved trains. he would bring, you know souvenirs back from his subway ride from vacations. >> that's someone who certainly loves trains. it's interesting when you described it that he felt like he won the lottery when he got his job at amtrak. some people are questioning if he is in any way responsible for this crash. when you hear this how does it make you feel? what's your response to people who are thinking that? >> i simply can't fathom that brandon would do anything intentional or even negligently to cause this. my guess is he is absolutely
4:46 pm
devastated that this has happened on happened on his watch. it's the last thing in the world he would ever want and he would never do anything to jeopardize his career. >> we appreciate you time tonight. thank you for coming on and talking about your friend brandon bostian. the nfl chief has decided to hear brady's appeal himself. judge and jury. the players union is saying no way. back down. so here's the thing. does come brady have a chance or is his massive punishment going to stand. evander holly field have years and 60 pounds on that guy. they're going to fight. that's next.
4:47 pm
♪ when you set out to find new roads, you build the car of tomorrow, today. introducing the next generation chevrolet volt. ♪ my constipation and belly pain feel like a raging storm. i've tried laxatives but my symptoms keep returning. my constipation feels like a heavy weight that keeps coming back. vo: linzess can help. once-daily linzess treats adults with ibs with constipation
4:48 pm
or chronic constipation. linzess is thought to help calm pain-sensing nerves and accelerate bowel movements. linzess helps you proactively manage your symptoms. do not give linzess to children under 6, and it should not be given to children 6 to 17. it may harm them. don't take linzess if you have a bowel blockage. get immediate help if you develop unusual or severe stomach pain especially with bloody or black stools. the most common side effect is diarrhea, sometimes severe. if it's severe stop taking linzess and call your doctor right away. other side effects include, gas, stomach-area pain and swelling. bottom line, ask your doctor about linzess today. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift?
4:49 pm
ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. we live in a world of mobile technology, but it is not the device that is mobile, it is you. real madrid have about 450 million fans. we're trying to give them all the feeling of being at the stadium. the microsoft cloud gives us the scalability
4:50 pm
to communicate exactly the content that people want to see. it will help people connect to their passion of living real madrid. tonight, tom brady versus roger goodell. the nfl commissioner is dismissing the request for a neutral arbitrator. he said forget about it. i'll personally handle your appeal. brady's camp is saying he is biased and willing to take it to court. and rachel nichols is outfront.
4:51 pm
and goodell runs the nfl and said no way. and ray rice, he did aan independent arbitrator but said no way to tom brady. >> this is surprising. because goodell is going to take the conflict of interest. this is on a decision his own office made which is ridiculous except as the nfl is quick to point out, this is what the players association agreed to in the last collective bargaining agreement, and if the other side is going to handle me that kind of power, i'm going to take it. in the race rice decision hey, you made some bad decisions, someone else is going to take it over and frankly when someone else took it over they haven't fared well and they have shown
4:52 pm
the nfl doesn't have good judgment so goodell would rather take the conflict of interest hit than once again have them say look at this again. >> and four games, that was as tough as people thought they would get and in terms of the patriots itself it is a record fine and he made a tough suspension. does brady have a chance here on the appeal. >> the line coming out of the nfl office is that goodell wants to hear tom brady's side because it is an in teg rit of the game issue. >> and you could roll your eyes and say they asked for his texts and he didn't give them so you are still eager to hear his side of it. >> right. and he hired his investigator and they used his report and judged it as valid since they use that in the punishment and he oversaw the punishment and the executive vice president made the punishment and they
4:53 pm
made it clear he is involved and is he going to reverse this and unless they bring new evidence and they made it an evidenceary issue and i don't know if roger goodel is going to go to that. >> and you may think when you talk about referring to yourself as the deflator he might be talking about it. >> and this time mitt romney yes is he not wearing sleeves and why is he taking on legendary elander holyfield. >> and legendary b.b. king.
4:54 pm
the citi double cash card. it's a cash back win-win. with 1% when you buy and 1% as you pay. with two ways to earn on purchases, it makes a lot of other cards seem one-sided. big day? ah, the usual. moved some new cars. hauled a bunch of steel. kept the supermarket shelves stocked. made sure everyone got their latest gadgets. what's up for the next shift? ah, nothing much. just keeping the lights on. (laugh) nice. doing the big things that move an economy. see you tomorrow, mac. see you tomorrow, sam. just another day at norfolk southern. ugh... ...heartburn. did someone say burn?
4:55 pm
try alka seltzer reliefchews. they work just as fast and are proven to taste better than tums smoothies assorted fruit. mmm... amazing. yeah, i get that a lot. alka seltzer heartburn reliefchews. enjoy the relief.
4:56 pm
4:57 pm
tonight mitt romney is in utah lacing up his boxing gloves right now, at least that is what we think or having carbs for his fight because he is about to get in the ring with the champion evander holyfield. >> this is it. romney verse you holyfield. >> un -- an unlikely fight all
4:58 pm
for charity. a bigger fight than that one a couple of weeks ago. and romney he appeared in a shirt with no sleeves, proud of his physique is he proud of this? >> you heard of the rumble in the jungle this is the quake, and he did train for several months for this with one of the most famous boxing clubs in the country. also we spoke to evander holyfield today and he helps him train a little bit and said mitt romney has a pretty good job and quick feet as well and is he he never fought anyone so old and as small as mitt romney and he better watch out and this is all for charity so it will be a lot of fun. no big bruises or black eyes. >> it is all in good fun. that is harsh to say. and there is a picture of mitt romney that you shared with his gloves on and he has no shirt on. so is he going to fight with his
4:59 pm
shirt off or with all of that chest hair, could he get pulled or something like that? is he better with the shirt off? >> if you ask me in october or november 2012 we would see that much mitt romney chest hair i would say probably not but he is going to be in the ring with holyfield. he did talk about wearing under armour but anything like this it can be big surprised. >> thank you very much. i am looking forward to this. thank you very much. b.b. king the king of blues and in a sad ending to our show he dies last night. mississippi born king started out singing in the church choir and his guitar louis defined the blues for more than six decades
5:00 pm
and honored with six grammys, president obama said there will be one killer blues session in heaven tonight. a lovely way to summarize a man who lived a long and lovely life. anderson starts tonight. >> as we start with the marathon bombing, and we start with the name and faces who should be remembered and not the name of the bomber that we are not giving you. robert lindsay will you, sean collier, and we remember their families and their friends and the hundreds of people injures on april,