pending investigations we may or may not have. >> what happens next in terms of where he goes and how he might be put to death, when and if that comes? >> well, right now, mr. tsarnaev will remain in the custody of the u.s. martials.shallsmarshals. there will be a sentencing hearing that will be scheduled. i would hope they will discuss when the sentencing hearing will be scheduled, at which point victims and survivors will have an opportunity to make an impact statement in writing. we've already solicited written impact statements from victims and survivors. but some obviously will be given an opportunity to be heard in court. and so we'll figure that out. but there will be a sentencing

hear. the judge will formally issue a sentence. the defendant will go into the custody of the federal bureau prisons. they will determine whether he goes to adx or terahote. but we have nothing to do with that. the federal bureau prisons will then be in charge. [ inaudible question ] >> when you look at the crimes that occurred here, the heinous gravity of the crimes, the number of deaths. you know a child was murdered with a weapon of mass destruction. another young one, two young women as well. a police officer was executed in

the line of duty. and so when you look at the gravity of the harm and in particular as well the many many victims who became amputees, and many others who are suffering with other forms of injuries. and then you look at the motives. as we said in our case the political motives. really this was an act of terrorism. then the process began and the department of justice approved a path that provided for the severest of punishments. a severe punishment for a severe crime. [ inaudible question ] >> i don't hear the last part of your question. >> can you comment -- what is your reaction to the various findings -- [ inaudible ]

>> at this juncture, i'm not going to comment on what you're asking me is really to go into the jury's deliberations. obviously, they have taken their time. they were deliberate in how they made their findings. only to say that we are gratified with the jury's verdict and we very much respect how they concluded it. [ inaudible question ] >> how i feel about it isn't really at issue here. you make a very good point in terms of the type of state this is, but you have to realize that when you're in court and sitting as a jury and you're listening, you're the only ones that really have full assets. so all of the factors that should be considered, you have

the law to follow. i think that has much more of a controlling factor rather than what your opinion may be. but clearly, never an easy decision. what i was confident of and what i think proved true& tremendous work that the prosecutors and the investigators did in presenting this case. they left no stone unturned. in terms of the presentation of the evidence i feel very gratified and very proud that we were able to show exactly what happened here, provide motives for what actually did happen, so that the jury could render a just and fair verdict. [ inaudible question ] i don't want to comment on that.

michelle? [ inaudible question ] do you want to hear from -- do you want to speak? we're not going to talk about -- we have had private conversations with victims. we've met with them throughout the process. the very beginning of the trial. i had sessions with them. with the trial team. myself directly. i've personally met with many victims and families. those conversations are private. what we've tried to do is show support. and really try to prepare them. >> this has been an emotionally charged case. what are their reactions?

>> i think i can say that we feel very privileged to have represented the united states in this case. we're grateful to the u.s. attorney and to the department of justice for entrusting us with an important case and it was our goal to make sure that the jury got all the information they needed to make a fair and impartial decision in this case. we wanted to make sure the victims had an opportunity to tell their stories. we want to make sure that the entire story was told. we're grateful for the people who assisted us in that endeavor. it's been a long haul. we think that we did our best and we're grateful for the opportunity we had to do that. we're grateful for the jury's hard work in this case. and it is an emotional

experience to be part of, but we -- part of your job as a prosecutor, to put your emotions aside and follow the law, do what your job requires and that's what we tried to do in this case. >> you want to tell the whole story of this trial. >> we can't comment on anything that isn't in the public record in this case. it's always the job of prosecutors in prosecuting a case to try and make sure that the story gets told and that the jury has the information they need to achieve a fair verdict. >> the answer in all of this suggests that you've most wished today -- [ inaudible question ] >> you know, the four of us standing up here along with many other people who aren't standing here, but who were every bit as much partners with us in this case, as we have spent the last two years working night and day,

researching the facts of this case trying to understand what happened. and i think that we have as full and clear a picture of what happened as we could hope to have. [ inaudible question ] >> nobody can see into another person's mind. it's often the case in criminal cases that you have to prove that somebody had an opportunity to do something, or a motive to do something. and you do that in the only way that you can as a prosecutor, which is that you look at the facts, you look at the things that they said, you look at all the evidence in the case, and you present it to the jury, and

ultimately, it's for them to make those judgments. i'm not a mind reader, but you know, our job was to try and recognize the facts and the evidence that would help the jury make that decision for themselves. >> last question. last question. >> mr. tsarnaev has shown little to no remorse during this entire trial. what if anything does that tell you? >> i'm not going to comment on mr. tsarnaev or anything that he did or said or anything like that. it wouldn't be appropriate for me. again, the issue of remorse was an issue that was put before the jury. they heard evidence about it. and they rendered their judgment on it and i think that it's their judgment and not our personal views on anything that really matters. >> you want to talk to the commissioner? welcome to "the ed show." craig melvin in for ed schultz.

you just heard from carmen ortiz. you also heard from the fbi special agent in charge and the lead prosecutor there. all of them reacting to the jury's decision to sentence dzhokhar tsarnaev to death. we are also, we should let you know, awaiting for the ntsb news conference as well, as we've been reporting here this afternoon, we have been told by our sources there at the ntsb, we've been told that they spoke to the engineer on this friday afternoon. that they talked to brandon bastion, and we are expecting to find out a little bit more of what they learned when that news conference gets started. i want to bring in ronan farrow who joins me from boston. also ari melber is here in the studio as well.

ari, let me start with you here in the studio. again, one of the things that struck me there from mr. ortiz saying that this is not a day for celebration. this is not a day to celebrate. >> in this federal death penalty case it is the jury that decides if dzhokhar tsarnaev should die not the judge. it is then the judge who technically goes through that sentencing process. that appeals process continues. we were just sitting there watching in this press conference, as were a lot of people in the country, when you think about the import of this terror prosecution. the other thing that jumped out was, not only the statement by the u.s. attorney that this is not a time for celebration, but just how serious and high level this is. she referred to the fact that the decision to pursue the death

penalty went all the way up to the attorney general. it is understandable to imagine the attorney general discussing this long before it commenced with the president. this is a terror case with national security implications. and the other point, with regard to it not being a time for celebration. our reporters there inside the courtroom tell us the jurors were crying at the end of this. they did what they thought they had to do under the law, but it's a difficult thing to do. >> you mentioned going all the way up to the attorney general. of course that would have been eric holder. his successor loretta lynch put out a statement that reads in part "the ultimate penalty is a fitting punishment for this horrific crime and we hope that the completion of this prosecution will bring some measure of closure to the victims and their families." again, that coming from the newly sworn in attorney general loretta lynch a short time ago. ronan, we just heard from ari. again, we know that some of the jurors cried as that death sentence was being revealed. what about dzhokhar tsarnaev? what was his demeanor?

was there any reaction at all? >> from what we've heard dzhokhar tsarnaev was impassive as he left the courtroom. no emotional reaction there. but it's also been clear from a number of people we've seen leaving this building, there's an element of shock here. the judge actually in his very final moments saying goodbye to that jury for the last time as they left the courtroom. pointed out the painful poignant, in his words, nature of the testimony they had heard over more than 60 days of this trial being ongoing, of the exhibits they had seen that brought back painful memories. there were people in that courtroom today who lived through the trauma of this in such an acute way. people like bill and denise richard, who were there today in this building behind me and who lost their 8-year-old son martin in the boston bombing. they were of the element in this community who felt they wanted life in prison partly so they could turn a page faster because they were aware of how long the appeals process is, how long he will remain in the headlines

with that appeals process following this kind of a death sentence. other than that, we're watching as the sun sets at the courthouse. you heard the press conference that took place right here on these grounds. and people saying look, this is not a celebratory moment. and acknowledging that this is the beginning of a long process. boston still a long way away from healing completely, and indeed, there are still individuals literally living through the physical trauma of this losing limbs even this year. far from over here, craig. >> you tweeted something a short time ago that caught my attention. the number of people who had been sentenced to death at the federal level versus the number of folks who had been executed at the federal level. what are those numbers? >> it gives truth to the argument of those in the survivor community who said look, it will be a longer process to deal with the appeals process that ensues after a death penalty. timothy mcveigh in 2001 was the

last federal execution. since then 44 individuals have been sentenced to the death penalty. none have been executed. it is very difficult, craig, to actually execute someone in the federal system. there are a lot of openings for appeals here. if you look at the legal grounds for this verdict there are things that can be attacked here. the lawyers may go for the fact that the venue remained, despite their strenuous objections, in boston. that emotions ran so high that it may have been hard to impatti labelle an im-- impanel an impartial jury. it will likely be years before we see a true resolution. meanwhile, this community that showed so much strength through such difficult times, still really reeling is the sense that i get here. as helicopters swarm overhead, as gun ships go by right by me. a tumultuous scene still. >> and craig you know, legally, the jurors don't take that into account. >> don't take what part into account? >> that this could take time and

could be difficult to execute. they are asked to look at two types of factors. those under the law. statutory factors written into federal law, that they say are aggravating them. make them more likely to say these crimes are so heinous and terrible that this person should be given the ultimate punishment. and they look at other factors as well. they don't look at how long it will take for the punishment to be weeded out. >> how real is the possibility that he will never be executed? >> i will tell you, a, he was very young at the time of the crime. and b, he is a big priority to get done. so on the list of federal defendants or now convicts, in his case, he's going to be high on that list. and priorities matter. that's why you talk about fbi most wanted. you talk about prosecutorial discretion, when people are thinking about politics and obama's executive actions. well this is prosecutorial discretion in the other direction. not letting someone off the hook, but making sure you throw everything at them.

that's why there were 30 counts 17 capital crimes. i would expect that vigor to continue as they try to make sure that he does meet the sentence handed out this afternoon. >> what does the appeals process look like on the federal level? >> as ronan was telling us, it looks like mandatory appeal generally on the fact that there was a death penalty. that goes to the sentencing. but also potentially a litigation of any holes, any potential problems, anything seen to be unfair or prejudicial in the original trial. having said that the fact is this was a case with a lot of evidence. looking briefly at the six charges that substantiated the death penalty. they all relate to that pressure cooker bomber.

you'd have to relitigate some of that. they have the video of him setting the bomb. you have the video of his martyrdom evened into the boat. >> the abunevidence was abundant and also quite damning. ronan, thank you. we're also awaiting for the national transportation and safety board press conference. we expect when that happens that we'll learn a little bit more about the investigation of that amtrak derailment. we're told that federal investigators have talked to the train engineer. they've talked to the man who was steering that train when it derailed. when that happens, we'll bring it to you live. this is msnbc. stay with us.

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welcome back to "the ed show" on this friday. we helicopter to follow today's breaking news from boston. i'm joined by jay russell. paul henderson is a federal prosecutor, a legal analyst as well. and ari melber is also here with me in the studio msnbc host and chief legal analyst for the network. let me start with you, jenna. i know you spent time with victims' families, survivors of this bombing. have you had an opportunity to speak with any of them since this decision was handed down? >> i haven't spoken directly

with anyone today but seeing some reaction from folks, very mixed, as you would imagine, from a diverse group of people who were deeply affected. >> paul, are you surprised by what the jury decided today? are you surprised that unanimous -- i think it's important to note here once again, that in boston -- excuse me, on the federal level, decision to execute has to be a unanimous decision. here you had everyone agree. does that surprise you? >> not really, because of how quickly they back. i know that the prosecutors had to be conscious and aware while they were presenting the case out here, because you know in massachusetts, they banned the death penalty back in 1984, so they were being very methodical and careful about laying out all the reasons exhaustively as to what they thought would qualify

and how these jurors should come to a decision in justifying that penalty. so obviously they were weighing and evaluating the factors in 17 of the 30 charges that he was convicted in where they analyze that there were multiple people that were harmed. that they presented evidence talking about the substantial planning and the intent that went into this crime, and the heinous nature of this crime. and so this verdict really was that jury rejecting the defense presentation that was made to them, that he was pushed into this by his older brother. or that he had not a big criminal history in this case. >> paul, stand by me for a quick second. some of the victims' families and perhaps some of the survivors as well have started speaking here outside the courthouse. let's listen in. >> is it just the fact that there will be appeals, is that

your only regret? >> i'm just going to speak about the ongoing appeals. >> did they succeed in humanizing dzhokhar tsarnaev for you? >> i followed what the defense was doing and i think they did their job as well as they could. >> same question for you. >> i'll make my own statement please. michael ward, w-a-r-d. can i speak, sir? please. give me a moment. i remember when those bombs went off and i remember the vile disgusting thing that this person did. and his brother. and they destroyed countless innocent lives, destroyed bodies and parts. very vivid memories for many people and families. there's nothing to celebrate. this is a matter of justice. the u.s. attorney's office has done a tremendous job under very difficult circumstances. they've had to look at these videos look at the evidence. interview the victims and their

families. no one here is celebrating and if you ask ten people you'll get ten different opinions. it speaks volumes for the strength of this nation. and i'd like to thank everybody for what they've done. we've all had a piece of something. but ultimately justice has prevailed today. his premeditated actions to stand behind children, wait four and a half minutes with a fully loaded bomb, and then to call his brother and tell him when to explode his bomb moments earlier. here's justice now. he wanted to go to hell and he's going to get there early. >> can you tell us your connection with the incident? were you injured? >> i was an off duty firefighter and i treated a lot of the victims there as did many other people. >> can you repeat that? can you say it one more time? >> he's going to go to hell.

that's where he wanted to go. but he's going to get there quicker than he thought. >> what was your role that day? you were an off duty firefighter? >> my name laurie cher. i want to thank the state for giving us a tremendous amount of support. this has been a long, exhausting couple of months. it's been healing. i have met so many wonderful people, and i just am grateful again to have met so many wonderful people, and it does show that through tragedy, people can come together and be warm and supportive, and i quite frankly, i am going to miss being with my friends here. it's a terrible way to come

together, but as i said, i'm grateful that i was able to share these harrowing couple of months with these people. >> were you ever conflicted about the penalty and did the defense succeed in any way in humanizing this man who was described as someone who said should go straight to hell. >> i think there's no doubt that i'm sure at one time in his life, he was a very lovely caring young man. what he turned into obviously was -- we know what he turned into. he turned into a monster. why did that happen? we'll never know. my feelings on him are nothing but -- what can i say? >> can it a relief to you knowing that he's going to get

the penalty? >> no, it doesn't. >> why not? >> i have any personal feelings about that, and i think i'd like to keep them to myself. >> can we have one more person? >> my name is dana cohen. my daughter was injured at the marathon. and i'd like to thank carmen ortiz and her team of prosecutors as well as all of their support staff and the assistants who took care of all the survivors. i wasn't in court every day as some that are behind me but i've been very supportive and they've been supportive of me and my family. today is the first day i get to wear my boston strong bracelet because they're not allowed in the court. so today is a good day. my family and i do support whatever decision the jury came out with, would be the right decision, because they're the ones that were instructed to follow the evidence listen carefully, and come up with the right decision.

i'd like to thank the press. >> we just lost our feed there in boston as you can see there. that was dana cohen talking about his daughter, who was injured there. she was among the more than 260 injured when the bomb went off. thanking the first responders. thanking the attorneys as well. again, that's happening in boston. roughly 300 miles away in philadelphia. at any moment now, the national transportation and safety board is expected to give us the final update from philadelphia. we're told this is going to be the last field update that the ntsb is going to be conducting. we're going to be getting an update from federal officials there. we are expecting to hear a little bit home run about what they learned from the engineer who was driving the train on tuesday. again, we'll go to that news conference when it happens. ronan farrow still outside the courtroom for us there in boston. ari melber here in the studio as well.

ronan, let me come back to you there in boston. i know that you spent a lot of time there over the past weeks and months and you spent a lot of time talking to folks there in beantown. we've been talking about this poll. nearly 70% of the folks who were asked by "the boston globe," death penalty or life in prison. the majority of those folks said life in prison. what was the sense that you got from people that you talked to there? >> reporter: certainly that's borne out anecdotally. i think most bostonians would agree with that account. doesn't mean there aren't exceptions. one interesting facet of this kind of federal capital punishment case is actually during jury selection, they are allowed to use as a prerequisite that you must be ready to impose the death penalty. you may have misgivings, but you have to be willing to impose it if the outcome dictates that in the room. so you're already dealing with jurors here who are not necessarily representative of that swath of bostonians you talked about from that poll.

>> good point. >> and that side of the equation is represented on the ground in full force. there were picketers outside of the courthouse right here, this building behind me, all day, standing out front with signs saying for instance, death is murder of any kind. there was a group of veterans that were rallying with those sorts of signs. so an interesting cross section of those boston attitudes showing up. that said, though, craig there is still a lot of anger and you just heard in that press conference how devastated the police were by this. how many were wounded. one of the individuals who witnessed a lot of the proceedings in this trial was an officer named richard donohue. he is just going back to work today, this week after two years of rehabilitation for his injuries. so for police officers like the ones all around me, you can't see them in this shot but to either side of frame, there are armed officers with sniffing dogs doing their service for the country and for boston. it's a raw issue for them, craig. >> ronan farrow, paul anderson, ari melber, a big thanks to all of you. once again, we're still waiting

for that update from the ntsb. when that happens -- and you know what? we were going to take a break. let's not do that right now. let's listen in to the ntsb. >> we've got an update on the investigation and take your questions. >> hi, good afternoon. robert sumwalt. i'm a board member with the national transportation and safety board. i realize that we are later than we had said we would originally be, and the reason for that is around 4:30, we started getting some news about interviews and some other things that we felt were important for you to know about, so we have delayed it so that we could report that information to you. we've interviewed three crew members today, and i want to point out -- i'm going to recapture some of the things that they have said. but i want to point out that

these crew members have been traumatized through this accident they were in. and they've not fully recovered from their injuries. we did interview the engineer today. as been widely reported he's 32 years old. he had his fra federal railroad administration required physical just last month. our investigators found the engineer to be extremely cooperative. he was accompanied by his lawyer, which is not at all unusual. and the engineer encouraged us to contact him further. again, contact him again if we needed anything else. so again, we found him to be extremely cooperative. he recalls ringing the train bell as he went through the north philadelphia station. that's not a normal station stop for him, but he's required by

regulations to sound his bell. i may have said horn. he's required to sound his bell as he goes through -- past the station stop. and he did that. he recalled doing that. but he has no recollection of anything past that. he felt fully qualified and comfortable with his equipment. and he reported no problems with his train handling. and when asked, he demonstrated a very good knowledge of -- very good working knowledge of the territory. speed limitations, things like that. he began his railroad career while he was in college. he started with amtrak in 2006 as a conductor. and in 2010, he became a locomotive engineer. since 2012 he has worked out of

new york city. and he's been on this particular job for several weeks. he works five days a week. it's an out and back trip for him. new york, washington, and back to new york. five days a week. he said that he did not feel fatigued, nor did he report any illness. as we reported the other day the train has three conductors. the conductor is not able to be interviewed as he is still in the hospital. however, we did interview the two assistant conductors. i'll call it assistant conductor number one, she's 39 years old, hired by amtrak in 2011. and she was in the fourth car which is the cafe car.

she stated that before departing washington, the entire crew conducted a safety briefing where they went over all of the speed restrictions along their intended route. she reported that it was a normal run through philadelphia. everything was normal up through philadelphia. and she said she could hear the transmission of the locomotive engineers. the conductors carry radios and they are frequently talking to and listening to the locomotive engineer. so she could hear the transmissions from the locomotive engineer. she reported that approximately three to four minutes after departing philadelphia, she said she heard the engineer talking to a septa engineer. she recalled that the septa engineer had reported to the

train dispatcher that he had either been hit by a rock or shot at. and that the septa engineer said that he had a broken windshield, and he placed his train into emergency stop. she also believed that she heard the engineer say something about -- she also believe that she heard her engineer say something about his train being struck by something. this is her recollection and certainly we are going to be conducting further investigation of this comment. our investigation is not independently confirmed this information, but we have seen damage to the left-hand lower portion of the amtrak windshield

that we have asked the fbi to come in and look at for us. we oftentimes rely on the fbi for their technical expertise in such areas. and they will be there tonight looking at this particular damage to the amtrak locomotive windshield. of course, when the engine went through the -- through the impact the windshield was shattered. but there's particular damage there that we want them to look at for us. we've secured the track image recorder by the way, from the septa train to see what we can learn from that. now, moving forward and right after she recalled hearing this conversation between the

engineer -- between her engineer and the septa engineer she said she felt a rumbling and her train leaned over and her car went over on its side. she said they were not able to self-evacuate, and they waited for the energy si responders to get them out. she said she had about 15 passengers in her car.mergency responders to get them out. she said she had about 15 passengers in her car. we asked what her working relationship was with her locomotive engineer. she said she had worked with him a good bit and said he was great to work with. she said he was always offering to help her with her job. now let's move to the assistant conductor number two. he's 35 years old. he was hired by amtrak in may of last year, just a few days before the accident he had celebrated his one-year anniversary with amtrak.

he was in the seventh passenger car. that, of course is the last passenger car, and he reported having about 40 people in his car. up to the accident, he reported no problems other than some radio problems, radio problems with his portable radio. he said that spore -- sporadically he could hear but not hear if his transmissions were going out. at one point he said he felt shaking, then two major impacts. he said that interior seats disconnected. and he attempted to contact the amtrak dispatch center, but does not recall receiving a response. he assisted with the evacuation of injured passengers until he was instructed by emergency responders to go seek medical

attention on his own. he said he had not worked much with the amtrak engineer for the accident trip but he did say he was happy with the engineer and described the engineer as being very professional. so what we've just described is the information that allowed us to delay the press conference so that we could report that information to you. we've got some other investigative activities that we'll fill you in on what's been going on. you know we've mentioned through the week a 3-d laser scanner. we have done a 3-d laser scanning of the locomotive interior and exterior. we've scanned an exemplar passenger car so that we can compare the exemplar passenger car to the damaged cars. and we've also documented interior safety features in all

cars. we've continued the testing of the signals and the signal circuitry. basically as the tracks are being rebuild, our signal specialists are going along to check the continuity of the signal circuitry. over the weekend, we plan to reassemble the train set as much as we can to put it back together, connect the brake lines, and conduct a brake test, and that will take several days. over the course of the last few days, some of you have asked what would we do if we could not talk to the engineer, and how would we resolve it and we -- one of the things we've called for in the wake of a failed train crash in 2008 where 25 people were killed including the engineer, the ntsb issued

recommendations for forward-facing image recorders, and inward facing image recorders. so something that would get a video image, video and audio image of what's going on inside the locomotive cab, as well as the outward facing cameras. and of course this train did have an outward facing camera. we also feel it's important to have the inward facing cameras. that recommendation was issued in 2010 when we completed our investigation of that accident in california and the fra has implied that they do intend to act upon that recommendation. there's a lot to be done. i think over the last few days, we've gotten a lot done.

but this will be our final press briefing on scene. future information will be coming from our press office in washington, d.c. in just a moment i'll ask peter to explain that process but basically, i think you can follow us at our web page, www.ntsb.gov, and also follow us at twitter. i think you know our twitter handle is @ntsb. i want to emphasize that even though this is the final press briefing certainly there is a lot of work that needs to be done and will be done over the next several days while our investigative team is here in philadelphia. there's a lot that needs to be done and will be done. but anyway, that's the end of my prepared remarks. if you would please raise your hand, i'll call on you and identify your outlet. yes, ma'am? >> he said that his route is from new york to washington and back to new york? >> yes. >> was he coming back -- that

was his second journey of the day? >> he does -- was that his second journey of the day? the answer is it's one round trip. he starts in the early afternoon washington -- excuse me, new york, washington, back to new york. so it's one round trip. >> how much time is between that? >> how much time is between that? we will have his schedule. i don't have it immediately in front of me. as i've often said we are here to get information that will go away with the passage of time. his schedule, we can get next week. but we want to do things like train interviews and things like that, crew interviews. >> other t" >> other than human input what else could explain the acceleration of the train? the train does not have -- i flew airplanes for a long time. we had airplanes that had automatic throttles. the trains do not have automatic

throttles. it's a manual input. we're going to be -- through the event recorder through the black box, if you will, we do -- one of the parameters recorded is throttle movement, so we'll be looking at that to see if that might correspond with the speed increase. but we're also looking to see if there could be any type of mechanical anomaly that could potentially cause the train to accelerate without an input. so we'll come right here. >> have you been able to get any of his toxicology reports back blood work things like that? and are there any other video sources on the train that may show you what he was doing before the crash? >> have we been able to get back the toxicology reports, and is there any other video that we may be able to learn from. let me address the video issue first. we're always surprised and happy that there are video sources that come from unintended

sources, like much has been recorded on the media. there was a security camera that reported some sparking or an explosion is the way it was described on tv, that probably came as a result of the lines collapsing after the accident. so you know, people have cell phone cameras and things like that. so we're always looking for additional sources of video, information. if anybody has video information that we don't know about, we'd love to hear about it from our witness line. that witness line is witness@ntsb.gov. so we'd love to hear from that. also, the first part of the question was tox results. let me say first of all, i hear people talking about blood work. we do not, the ntsb, does not request blood work. we don't do that. but by federal law, whenever

there's a transportation accident involving commercial entities by federal law, safety sensitive transportation workers are required to perform drug and alcohol testing. that is done by the carrier, in this case by amtrak. so amtrak has conducted that in accordance with the regulations. at least that's the information that we have at this time. that information is sent -- we take a split sample. amtrak sends that to their independent lab. we send it to our independent lab in oklahoma city. and one of the faa -- i'm sorry, the d.o.t. requirement is for five specific drugs to be checked for. we send it to the faa in oklahoma city to look for many many drugs. over-the-counter drugs. it's a long answer to say that that process takes time. however, the process has been

initiated. there's a question right here. >> adam reiss, msnbc. based on the interview you've done so far today, what is the preliminary the preliminary conclusion you can draw in terms of what caused this crash. and you wanted to look at a particular part of the window, what did you see that raised suspicion? >> a couple of questions there. what conclusions can we draw? the answer to that is easy. we do not draw conclusions at this stage of an accident investigation. we're here to collect information. we will draw conclusions at the completion of the investigation, which will be after a very thorough and comprehensive investigation. regarding the damage patterns to that windshield that we are having the fbi look at it would be if you're standing in the middle of the locomotive cab

over here is where the engineer's windshield is. and in the lower portion of the left hand windshield this is a circular pattern that emanates out just a bit. that's the damage to that. let me catch her first and then i will come to you. >> does the ntsb require similar drivers to the number of clients? >> does the ntsb -- i'm sorry? >> require similar compliance in terms of number of hours? >> what hours of service requirements are there out there for various modes of transportation? those are not regulated by the ntsb, but by the u.s. department of transportation and they are

different depending on whether you're a trucker or bus driver or airline pilot or a train operator. they are complex and to explain it i would have to spend a lot of time looking through the regulations. but they are different according to each mode of transportation. >> the engineer's injuries does anything indicate [ inaudible ]? >> does the engineer indicate from his injuries that me may have been struck by something entering the cab and he did not report anything to that effect when we interviewed him this afternoon? [ inaudible question ] did it come to -- did the

engineer report anything about that conversation about the projectile? mike was in the interview and the answer was -- the answer to that is -- >> he didn't recall any projectiles. >> was he specifically asked that question? >> yes. >> he was specifically asked that question and he did not recall anything of that sort. but there again, he reported that he does not have any recollection of anything past north philadelphia. hang on just a second. can we kill those fans jim? can you figure that thing out over there? thank you. good job. almost good job. that's better. thank you. renae? >> i know you said you don't have the schedule but do you know if these were the only routes for that day? >> no.

he had not done any other trips that day. he reported for duty in new york. took his train to washington and then he was on his return trip to new york. >> and second question you said a track image recorder? >> do we have any information from the track image recorder? we have just secured that and have not looked at that have not evaluated that yet. yes, ma'am? >> did he report having any problems on the way down and asking for relief? >> did he report having any troubles on the train going down? he operated a different train going down and also he reported no fatigue throughout the day and no illness throughout the day. >> and no problems on the way down? >> he had some technical problems on the train going down and it got in about 30 minutes

late. >> he did apparently have some technical problems on the route down to washington. >> did he report that it was stressful that he was frazled? >> i have no knowledge of his being frazzled as a result of him being a little late. we will go right here. >> is there any evidence on the train to show a projectile or anything like that? and just to clarify, the assistant conductor, when she overheard somebody she believed to be the engineer saying that someone may have thrown something at his train did she believe it was at that moment he was speaking or did she believe it was prior to that? >> okay.

does the track image recorder from the amtrak train reveal anything about anything being thrown at the -- at that train. and when we evaluated it yesterday we did not see anything. we're very interested in this report. we want to learn more about it. so we will use all sources of information that we can to independently validate that. the second part of your question was exactly what? >> we have been listening to a board member with the national transportation safety board. they talked to him for about an hour and a half. he said that the 32-year-old did not recall anything did not feel fatigued, did not report an illness. and amtrak has tested him for drugs and alcohol. we're waiting on the results of those tests.

doug is a retired amtrak engineer. you were watching that news con fress as well. what truck you. >> i was interested in the fact that the two assistant conductors were in radio communication. the more senior of the two said she heard the conversation. i'm very curious about as to whether they have interviewed the septa engineer. he said that he had a broken windshield. this has happened. i'm not sure. i thought i heard the engineer of 188 saying somebody shot at him and they are going to be looking at the wind shooeld.

they are especially built to absorb bricks at high rates of speed. they do shatter. i will say this. i have had a break in the windshield. i have had people shoot at me. >> shoot at you? fire a weapon? >> yes. i was running the train from pittsburgh back to washington one time and i actually saw the guy, they arrested him. he shot at us through a rifle. the bullet ended up in the luggage rack. this happens and that was out in the country. the area where he was running, it's not unusual to find shopping carts debris in the middle of the tracks people trying to see if they can't -- curiosity as to whether they can derail the train or whatever. getk back to my point i have

had a brick thrown at me. i have had my windshield knocked out so you can imagine the force and it's -- that's rather scary. it kind of makes me wonder. and here again i don't know the time. he was conscious of the fact that we do things by -- not by rote as much as by habit. you go through a station where you're not going to stop, you have to warn people that might be standing on the platform you have to warn them so you do blow the horn ring the bell depending on the railroad president you ear own. and he remembers doing that. >> it struck me as very odd that he didn't remember anything after that and couldn't remember anything after that. >> i have always felt from the

beginning when i heard this that something happened that wasn't explained and i thought maybe it was going to be able to -- was going to be able to explain this. it could have been that it so shocked him that. >> we continue to follow what's happening here in philadelphia. that's the ed show for this week. politics nation with reverend al sharpton starts now. >> we start tonight with breaking news. dzhokhar tsarnaev has been sentenced to death for his role in the boston marathon bombing. the jury deliberated for little over 15 hours in the penalty phase of this trial. tsarnaev is the first person sentenced to death in federal