the ntsb has not spoken to the engineer brandon bostian.mething they will be looking to do of course in the days and weeks ahead as the investigation proceedings. >> brian, thanks. the lawyer for the engineer says he has no memory of the crash. the attorney says brandon bostian voluntarily turned over a cell phone and blood sample to investigators. philadelphia mayor michael nutter places the blame squarely on brandon bostian's shoulders, but the conclusion the ntsb team leader says is premature. >> clearly he was reckless and irresponsible in his actions. i don't know what was going on with him. i don't know what was going on in the cab. there's really no excuse that could be offered literally unless he had a heart attack. >> i'll distance myself from such remarks. we are here to conduct a fact based non emotional investigation. to make comments like that is inflammatory at this point. >> you think the mayor was wrong in saying that? >> well you will not hear the ntsb making comments like that. we want to get the facts before we start maki

bostian has no recollection of the crash.he sticks with that whether it's true or not true is beside the point. if he says he does not remember anything, are you confident you'll be able to reconstruct what was happened and if he's to blame or something else is to blame just from the hard data? >> yes, i am confident that we'll be able to -- >> looks like we obviously lost that shot. he said he's confident they would be able to reconstruct what happened even if that intervau does not yield crucial information, which is a significant point to make. >>> breaking news from tom brady is saying no to the nfl filing an appeal to overturn his so spengs. >>> and jeb bush talking about his loyalty to his brother. can jeb recover? there's some facts about seaworld we'd like you to know. we don't collect killer whales from the wild. and haven't for 35 years. with the hightest standard of animal care in the world our whales are healthy. they're thriving. i wouldn't work here if they weren't. and government research shows they live just a

he is brandon bostian. he's in the hospital apparently suffering memory loss after his train rolled. but really a bigger question right now is this. what the nine-year amtrak veteran can add to what the evidence already shows. his lawyer says he does want to cooperate fully, but the thing is he can't remember the crash. but the evidence here in this case doesn't lie. what we now know is that not only did the train not slow down as it entered that dangerous curve, we've actually learned now it sped up from 70 miles an hour to more than 100 miles an hour. it happened in just more than a minute. bostian isn't saying much right now, as we mentioned, but his friends, his colleagues are speaking out on his behalf saying he never would have been deliberately reckless. it was a claim made by philadelphia's mayor in the hours after that train derailment. we'll hear from one of those friends in just a minute. first, let's go straight to the scene to my colleague, cnn's erin mclaughlin, for more on the investigation t

bishop says bostian is conscious. he says he has never seen bostian take a drink. >> great engineer. he was on point. if there was something he did not know he knew who to call to get the information. he did not come off as i know it all. if he wasn't sure about something, he would call and make sure that he got the proper information. he wasn't going to do anything. i'm going to assume something would happen. he was thorough. >> you mentioned we all know this speed. we know the track and route. you know that curve is coming up. you are leaving philly and you have to go slow for a while. what i can't understand then is how can this guy who you travelled with on these tracks many times have gone into this situation so hot? >> again, that's the million dollar question. to be honest with you, i'm going based on the person i know. you know, i'm not going to say we can't make mistakes. we are human. we all make mistakes. you know for something like this i don't know. there are just not enough pieces of the puzzle for me. >

so robert when are you going to be interviewing brandon bostian? >> we're very excited that he's agreed to talk to us. we plan to do it in the next few days. >> is it unusual he hasn't been interviewed yet? >> no it's not unusual at all. you have to understand he's been through a traumatic event and we want to make sure they're mentally and physically able to do it. >> he says he remembers controlling the controls and then all of a sudden looking for his bag outside of the train. are you concerned he won't have recollection of the event? >> it's not unusual that they don't have an immediate recollection of the event. we hear that all the time. so that's not unusual. the brain is trying to protect our memory of bad things. we think his interview will be invaluable regardless of what he recalls. because he can tell us how he was feeling the day of the trip and his general physical condition. >> he will hopefully help you connect the dots. because even though it is a science, you have the black boxes, you still have to interpret the information. it's

xavier u bishop was on bostian's crew.was a flag man and said brandon's safety checks never wavered. >> he was very thorough when he 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 issue at least by now

the man at the controls, brandon bostian. he has agreed to speak to ntsb investigators though his attorney has said that right now he has no recollection of the crash. one of the first people that bostian talked to after the crash, a close friend of his is going to join us in just a moment. first, let's get the latest on the investigation from our erin mclaughlin. what's the latest that you're picking up? >> reporter: hi, kate. investigators are saying they do not know the reasons for that train acceleration. the ntsb says they now believe that just over a minute prior to the crash that the train sped up at a time when it should have been slowing down just as it began to enter that curve. that's when they say they believe the train engineer hit the emergency brakes but by then it was simply too late. seconds later the train crashed and now that's based on detailed analysis of footage captured by that camera that was installed at the front of that train. of course, what that footage does not tell investigators is why? why was

there are a number of posts that appear to be written by brandon bostian bostian. we know he was an enthuseiast of trains from all the way back to high school. and in 2011 induce discussing a fatal crash by a engineer who was distracted by texting, he says at any point over the previous 80 years, the railroad could have voluntarily implemented some form of this technology where this wreck took place, but instead it took an act of congress to get them do it." and in another post he writes that he wishes that they would have been more proactive from the get go. and the reality is that they have had nearly 100 year of opportunity to implement some sort of system but failed to do so. he was obviously passionate about safety and was writing about it in 2011. >> you spoke to a former colleague of bostian's. what did he say? >> he was a flagman on this very route along with brandon bostian and xavier bishop was fired last year due to app abson teeism involving family issue. but when i asked him about any issues with brandon bostian as an engineer this is what he said. eve

bostian's assistant conductor told investigators she heard bostian mention something about an objectitting the train. 3 miles away on the same tracks something did hit a septa train on the front windshield. the fbi is investigating both incidents and source close to the investigation told "eyewitness news" the ntsb wants to talk to the septa conductor to learn more. amtrak engineer brandon bostian is said to be in philadelphia ready to continue talks with investigators. his close friends spoke with him after the crash. >> not remember much and he couldn't remember much. he said he had some staples and stitches. >> james we're says bostian was adamant about safety and specifically mentioned it many times. >> i don't think this is his fault. i don't believe that it's his fault. brandon is not the kind of guy even if he was going through a hard time he wouldn't do this. >> reporter: if bostian wasn't tired or wasn't sick could he have been under the influence of something? the ntsb said they are performing toxicology tests those will not be ready for a few days. it's a very intricate pr

in this case brandon bostian.e was traveling nearly 100 miles per hour when the train left the rails. >> i think there's no doubt that if he was at 50 miles per hour this would not have happened. did he something that is terribly wrong. so there must be some explanation either in him or -- certainly in him yes. >> but what that explanation is right now -- >> i cannot guess. >> amtrak trains are also equipped with so called dead map's switch. if it's not engaged by an engineer every 15 seconds the train will come to a stop. so that indicates bostian was not in incapacitated before the crash. professor also said that bostian would have known the speed limit around port richmond because amtrak engineers are trained for specific routes. amtrak tragedy has many questioning why seat belts aren't as common an trains as they are in, say cars or airplanes. >> our consume mr. reporter jim donovan looked into seat bets and their use on trains. 2007 british study found seat belts on trains could actually do more harm than goo

the same profile shows bostian starting as an engineer in december 2010. just a few hours after the crash, the 32-year-old changed his facebook profile picture to this black square. he went to the hospital for treatment moments after the crash. he was released and sources told "eyewitness news" he gave an initial statement to police after the crash. at this point he has not talked directly with the ntsb. >> this person has gone through a very traumatic event and we want to give him an opportunity to -- to, um, couldn't have a less for a day or so before we interviewed him but that is certainly a high priority for us. >> reporter: mayor nutter took a stronger tone when talking about bostian late wednesday afternoon. >> clearly it was wreck less in terms of the driving by the engineer, there's no way in the world that he should have been going that fast. >> reporter: according to his facebook profile bostian is from tennessee but lives in new york city. authorities say he submit add blood sample voluntarily. no word where he is now but you can bet chris ntsb

"eyewitness news" train engineer's name a brandon bostian.tsb has not questioned him but philadelphia police have. federal investigators say the train was traveling 106 miles per hour in a 50 miles per hour zone before it derailed. also tonight tributes are being paid to the seven people killed in that crash. >> "eyewitness news" returns tomorrow morning at 4:30 with ukee washington, erika von tiehl. they'll have the very latest on the amtrak derailment investigation. we thank you for being with us for "eyewitness news" here at 11:00. for beasley, kathy and all of us i'm chris may. >> i'm jessica dean many we're always on at cbsphilly.com. up next the late s ( band playing "late show" theme ) >> from a regional distribution centre, it's the late show with david letterman! (applause) tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now jumper cables to your humdrum life david letterman! (cheers and applause)

bostian is from new york. data from the black box suggests the train heading from washington to new york was traveling twice the posted speed limit when it went off the track. 106 miles an hour. investigators saying that bostian slammed on the brakes after hitting the curve with a 50-mile-an-hour zone. the crash killed seven people and injured 200 others. philadelphia police saying they have interviewed bostian. they have a blood sample from him and in one interview the attorney representing bostian says he remembers driving in that general area but has no memory of the actual incident adding that bostian has turned over his cellphone to investigators. now, federal investigators have not yet spoken with bostian. they say that will happen, could be as early as today, could be tomorrow. but say they are not assigning blame even if speed was an issue here, it could have been caused we a mechanical failure. live in san francisco, stephanie chuang, "today in the bay." >> thank you, steph. >>> the technology actuall

and i'm sure bostian's lawyer is concerned about a potential prosecution in his case. so i think he has to be very cautious about what he says. >> why is it different in the u.s. compared to, say, europe because spain a few years ago and the driver of the engineer on that train? he was charged with dozens of counts of man slaughter. >> well, in the u.s., our safety system is -- has been built on a -- on an assumption that you could make a mistake and it's not a criminal offense. so it is a nonprosecutoral environment, even after what are obvious mistakes by pilots or by train engineers or by bus drivers. they are seldom prosecuted. not entirely do they go free, but they are seldom prosecuted. it's just the nature of the safety system. >> map box put out a comparison of the speed of all the amtrak trains on that route that day. it shows train 188 was traveling at the same speed as every other train except for this one curve. the red dot shows 188 accelerating to 106 miles per hour. what do you read into that? >> well, it's inexplicable. the only thing i can speculate is

one of bostian's close friends said he was watching coverage and then called bostian and spoke to himthe e.r. >> he was in shock and didn't understand. his memory was very fuzzy. he had a hard time remembering things. >> reporter: meanwhile in new york on friday, funeral services for the youngest victim, 20-year-old naval academy shipman justin zemser. >> there are many questions on why but it's about celebrating justin's wake today. >> reporter: and a wake today for laura, a 44-year-old executive on her way home from washington. the ntsb the reconstructing the train as part of their investigation. in addition, amtrak is hoping they can get service back up and running between philly and new york on tuesday. alex, back to you. >> tom, what is your read on the ntsb's report of their talk with the train's engineer? because didn't they say he was very cooperative? >> reporter: very cooperative and offered to come back. he was sitting with his attorney, and that's very common in these incidents. he also turned over his cell phone to the police immediately after the accident. and this is al

. >> reporter: investigators say the engineer on train 188 was 32-year-old brandon bostian of queens, new york. although a top priority is finding out what happened tuesday night when the train derailed, bostian has to be mentally and physically able to talk. right now, he can't remember what happened. >> i want to point out that for somebody who's been through a traumatic event, this is not at all unusual for human behavior to have the mind blank out things like that. >> reporter: what we do know, the train was going 106 miles per hour when bostian hit the emergency brakes. at that point, only slowed down to 102, which is still more than double the speed limit around the curve. that's when all seven cars went off the track, killing seven people and injuring 200. about two dozen of those are still in the hospital. bostian himself was also hurt, but not seriously. >> we want to talk to this person and find out what his perspective was. >> reporter: was it human error? or did something else happen? a key safety feature called positive train control that could have intervened in either c

bostons -- bostian's online resume says he's been an amtrak engineer since 2010. before that he was a conductor. he was often critical of the railroad industry for failing to implement safeguards against human error. one posting from 2011 read, "at any point over the previous 80 years the railroad could voluntarily implemented some form of this technology." investigators say they don't know why the train was speeding. bostian has already submitted a blood sample to test for the presence of drugs and alcohol. they will also examine his cell phone records. philadelphia mayor michael nutter said today city police officers learned little from bostian during questioning after the accident. >> i believe it was a pretty short interview in which he apparently indicated that he did not want to be interviewed. >> reporter: if negligence is found, is there the possibility of criminal charges here? >> the premise of your question doesn't allow me to answer that. is the huge if. that is way down the line. i cannot address that kind of issue. >> reporter: the engine or locomoti

andon bostian. officials have been hoping to speak with him after they say evidence is showing in the minute prior to the crash is train accelerated from about 70 to 100 miles per hour. today's briefing will be the last one here in philadelphia. the crash scene in port richmond has been turned back over to amtrak as they begin the cleanup process to reopen those tracks. investigators will continue to work through the evidence and have been talking with that engineer, brandon bostian. officials say this news conference will begin at is sheraton society hill. we'll be live bringing this news conference to you as soon as it gets started. >>> in the meantime, the victims of the derailment are now being laid to rest. the first funeral was held today. u.s. naval academy midshipman justin zemser was remembered for his spirit and courage. members of the academy gathered with friends and family on long island to say good-bye. he was coming home on leave when he died in the derailment. also among the eight de

but the ntsb should letter more when bostian is interviewed. >> the fact that the train was going at excessive speed but the reason is to be determined. >> he entered the curve and attempted to reduce speed and little else afterwards, he suffer aid concussion that killed eight and wounded 200 others. >> as for the concussion, he has no recollection of the events i am told his memory is likely to return as the concussion subsides. >> a fellow classmate and friend says that bostian is a compassionate and caring guy sfl he is careful how he talks to people and care of of other people's feelings. >> but was he reckless and negligent? what led to the high speed is not determined. >> i can tell you he was distraught as he learned of the devastation. he was distraught. >> it's just a really terrible situation for everyone involved. from the whole city of philadelphia reeling from this to brandon himself and his family and the unfortunate victims that lost their lives and been injured. >> investigators tell us that they believe that bostian is in the area and in contact with his attorney. i'

really the biggest question right now surrounds this man, 32-year-old brandon bostian. he's the engineer who was at the controls of train number 188 when it rounded that bend and just flew off the tracks traveling twice as fast as it should have been there. but what exactly he was doing at the time remains a mystery today. right now authorities, including bostian's lawyer don't even seem to agree as to whether the engineer is cooperating with investigators. his lawyer says bostian spoke to police for hours, though he has a concussion and remembers next to nothing about the crash. but it's a different story from police officials, who tell cnn that bostian refused to answer questions. here's what we can confirm right now. the number of those lives lost, that has climbed now to eight after authorities this morning made a grisly discovery amid the wreckage. joining me now, i have cnn's erin mclaughlin. the mayor, i know of philadelphia he held a press conference a while ago. what exactly did he say about this engineer? >> reporter: he seemed to contradict the attorney as to

brandon bostian will now talk to ntsb investigators. what kind of questions will they ask? what will the setting be like? >> the setting will be as neutral as possible. the questions that will be asked will be questions we've been talking about for days. just what did he do from the time he left the station? if he can remember that would be very helpful. the process that ntsb uses is verified. they'll go over details, if they give up details they'll look for physical evidence to substantiate what he may be saying. >> will his attorney be with him? >> i would assume his attorney would be with him. he's been with him from the beginning and will continue to be with him. >> how freely will this engineer be able to speak? >> not as freely as investigators would like. and from the very beginning by making the determination that he's not ready to speak, and now he is ready to speak but what might he really remember? or what might he not disclose that we might otherwise like to hear? questions that really can't be answered at this point. doctors have commented on whether or not his

the investigation is now focused on the tran's engineer brandon bostian.r says bostian has no recollection whatsoever of what happened as that wreck unfolded. apparently he lost consciousness in the crash, and he only remembers quote/unquote coming into the curve, slowing down and then waking up turning on his cell phone, and calling 911. the speed, we know bostian was going more than 50 miles above the speed limit there. meanwhile, an eighth body has also been recovered from the wreckage today. cnn has just confirmed with the family members that robert gildersleeve is among the victims. he's a father of two. he'd been listed as missing. he was traveling to new york on business. cnn aviation government regulation correspondent renÉ marsh spoke to amtrak ceo about what the investigation has revealed thus far. he also discussed the company's plan to install positive train control by the federal deadline. you want to start there and explain what that is? >> reporter: well brooke i do want to start by saying cnn was the first tv news station to get actual acce

the lawyer for brandon bostian says that his client doesn't recall anything from the critical moments before the crash of amtrak 188. >> the last thing he recalls coming to and looking for his bag and finding his cell fon and turning it on and calling 911. >> bostian has not said why the train was going twice the speed limit at the time of the derailment. >> he remembers coming into the curve and attempting to reduce speed and after that he was knocked out and thrown around like all the passengers on train. >> he is a nice guy and looking to help people and looking to help people. >> jason went to college with bostian at the university of missouri and they stayed in touch on facebook and that he has been a compassionate caring guy and becoming a train engineer was bostian's dream job, it's a special situation for everyone involved. for the whole city of philadelphia that is reeling from this to brandon himself and his family and the unfortunate victims that lost their lives and been injured. >> sources tell me that it's believed that bostian has return to the new york area and investi

he is brandon bostian. loss after his train rolled. but really a bigger question right now is this. what the nine-year amtrak veteran can add to what the evidence already shows. his lawyer says he does want to cooperate fully, but the thing is he can't remember the crash. but the evidence here in this case doesn't lie. what we now know is that not only did the train not slow down

and during that period bostian lived in san francisco. his myspace page features a picture of him in front of the building, the san francisco ferry building. there you see that image. bostian's attorney says he is distraught and suffered a concussion and head wound that required 14 staples in the crash. abc news reporter karen travers is in philadelphia. >> reporter: speed appears to be a factor in tuesday deadly amtrak accident. >> when the engineer induced brake application was applied the train was traveling at approximately 106 miles per hour. >> reporter: the engineer was identified as 32-year-old brandon bostian of queens, new york. his lawyer told abc news bostian suffered injuries. 14 staples in his head and stitches in his leg. he says bostian spoke to police while he was in the hospital receiving treatment and submitted a blood sample for testing. the rail lines north of philadelphia's 30th street station are straight but approaching the frameford neighborhood a left corner the speed is cut to 50 miles per hour. when amtrak trai

brandon bostian met with ntsb investigators today. lawyers say he doesn't remember what happened. we're waiting to hear what the ntsb learned. >> the youngest victim of the crash was remembered today. the funeral for midshipman justin zemser was held on long island. he was honored with full military honors. he was a popular athlete at the united states naval academy in annapolis annapolis. he was going home when the train derailed. >> zemser was one of eight who died in the derailment. 200 more were hurt. almost two dozen remain in the hospital today. >> want to show you a live peck chur of-- picture of the sheraton society hill. waiting for that news conference to begin. >>> breaking news police are trying to figure out if someone threw a baby off a bridge in southwest philadelphia. sky force 10 over 68th and kin cessing. a woman says she saw a couple toss a baby off a bridge. she said the baby landed on the train. police searched the train and the path of the train and haven't found anything but want to be sure. >> hoping it wasn't

the engineer brandon bostian, suffered minor injuries. he talked to police briefly, but did not give a formal statement before calling a lawyer and leaving the police station. can you think of any reason a train having just left the station would get up to 100 miles an hour? >> well, we want to look at that. we want to look at the acceleration of the train. we want to look at how the train was operated. >> reporter: the 1-year-old high tech electric engine came to rest upright in the dirt. but behind it, the first passenger car, twisted and mangled. the next three cars on their side. the last three still standing. ntsb board member sumwalt tells me that they are going to remove five of the cars and the engine. they are leaving two cars there, the most damaged cars. david, there is a chance there may be additional victims in the damaged cars. >> of course. david kerley, who covers transportation, right here in philadelphia with me. david, thank you. >>> and tonight, we are also learning more at this hour about the victims. the naval academ

there are questions this morning on why bostian was going so fast. data from the critical black box suggested the train heading from washington to new york was traveling twice the posted speed limit when it went off the track. 106-mile-per-hour miles an hour. >> shortly after he entered the curve he placed the train into basically put the emergency brakes on the train. >> slams on the brakes. >> slam on the brakes. >> so it was too late? >> the train derailed at that point so i would say it was too late. >> reporter: so far bostian is refusing to talk to investigators who say he will be given a few days to recover before they question him. the crash killed 7 people and injured more than 200 others. there are still people missing. the hopes are those people never made it onboard in the first place. live in san francisco, stephanie chuang, "today in the bay." >>> the deadly derailment appears to be another crash that didn't have to happen. >> kris sanchez is here with the safety technology that could prevent human error and why the money might not be t

his lawyer told abc news that bostian is really banged up. he has a concussion, but is fully cooperating with the police. we learned just a few moments ago that he will sit down with federal investigators. the ntsb said that will happen in the next couple of days. the official said today, here's one thing, they're not going to make this like a serious formal interview. they want to sit bostian down and give him essentially a blank piece of paper and say tell us what happened. the death toll from tuesday night's amtrak derailment now stands at eight. >> the dog hit on a couple of spots, and we were able to find one other passenger in the wreckage. >> reporter: 43 people remain in the hospital but this morning mayor michael nutter announced all 243 passengers have been accounted for. the ntsb said today the train's speed increased for about a minute before the derailment. investigators have good quality video from a forward-facing camera at the front of the train. >> mere seconds into the turn we could see the train tilting approximately 10 deg

the engineer brandon bostian from queens, has no recollection of the accident.on the investigation. >> reporter: they had to look at excessive speed early were things of this like the surveillance video. when you look at the train rushing past and you know the size of the locomotive and the cars you can calculate the speed. it was clear that just 200 yards short of the point of impact it was going faster than it should have been. i'll bring in a model of the train to talk about this. the locomotive is heavy. about 97 metric tons. that is pushing up quarter million pounds. if it is traveling 50 miles an hour as it should have been here all of the physics work out fine. yes, there is force to the outside of the curve just like a car going around the corner quickly, but it is all balanced out. push it up to 100 miles an hour and that force becomes greater. maybe up here with a low center of gravity with heavy amount of weight sitting low, it doesn't tip over. not necessarily the same back there. go back to the passenger cars and that's where we had passengers descr

let's put the focus on brandon bostian.n our last hour. >> we really just want to get his first-hand account of what he experienced. that is what we want to find out. we want to make sure we conduct our own interview and do it in a nonthreatening environment for him so he can tell us what he recalls. >> and now for the latest live in philadelphia near the crash site. what is the latest on the investigation? >> reporter: good morning. it's been a very busy scene here throughout the course of the evening and early hours of the morning. you can probably see over my shoulder an oversized flat bed truck has brought in a new set of tracks. they released a part of the track back to amtrak allowing to begin to lay new tracks in order to try to get traffic back up and going. they have a lot of work to do here. in terms of the investigation though, we have heard from ntsb officials saying they are looking at all possibilities. obviously speed is going to be a very important factor in why it was going so fast and how the train managed

he tells bostian i was just hit by a projectile and bostian replies i was hit, too., nbc you news has also spoken to a passenger on a acela train who claims he was hit by a projectile projectile, too.ou news has also spoken to a passenger on a acela train who claims he was hit by a projectile, too.u news has also spoken to a passenger on a acela train who claims he was hit by a projectile, too. news has also spoken to a passenger on a acela train who claims he was hit by a projectile, too.news has also spoken to a passenger on a acela train who claims he was hit by a projectile, too. clearly a pattern. >> bostian hit by something, too, he doesn't remember saying that, is that where there is a time lapse? >> reporter: he doesn't remember anything about the departments. he just remembers ringing the bell. it's possible he was injured by the projectile because he did suffer injuries. we don't know if that's from a projectile or from when the engine car flipped over. >> i believe he had 14 stitches this his head and more there to his leg. really busted up his knee. i hoe

but police are also in the process of getting a search warrant for bostian's phone records. what all might those record reveal? >> well, no matter what it is, whether it is a missing airliner, crashed airliner or in this case a train, cell phones can glean so much information. they want that so they can look at it and see if possibly he was text messaging or distracted at the very last moment. that's why this train was still speeding. so, those type of things can be crucial in these type of investigations now a days. >> samuel burke, reporting there, live from the crash scene. we will actually come back to you within this hour, samuel, so do stand by. we'll talk to you then. >> well for one passenger, trips on amtrak are a regular part of her life. she was asleep on board when the train derailed. and she described the frightening moments when she awoke to our gary tuchman. >> carol sisel spent the night in a philadelphia hospital. she spent the day grateful to be alive. >> i don't know what was going to happen. >> reporter: carol boarded in new carolton, maryland after visit

. >> 3 miles away, colleagues of bostian reportedly told the amtrak engineer that something had hit a septa train as well. just moments before the amtrak crash. sources close to the investigation say the ntsb wants to talk with septa to learn more. found it extremely cooperative. he was accompanied by his lawyer, which is not at all unusual. >> bostian's friend james weir said he spoke to his friend after the crash. >> did not remember much. and he couldn't remember much. he said he had some staples and some stitches. >> he said his friends had a strong emphasis on safety. >> i don't think this is his fault. i don't believe it is his fault. brandon is not the casino of guy even if he was going through hard time, he wouldn't do this. >> says he was in good health tuesday evening though doesn't remember anything of the crashment toxicology report is expected, eight people lost their lives. reporting live in port rich monday alexandria, cbs-3 "eyewitness news". >> thank you. meanwhile, one of the passengers killed in the derailment is laid to rest. justin was 20 year old midshipman at th

being to bostian, the train engineer. as you mentioned, his attorney is speaking for him right now saying that he doesn't remember at all the incident we know he hit the emergency brake right before the crash and what the ntsb will be doing is interviewing the crew over the next couple day, doing a detailed analysis of recorders, testing the signal system and they want a word with the engineer. listen to what the lead of the ntsb told msnbc earlier today. >> we want to make sure we conduct our own interview and do it in a non-threatening environment for him that he can just tell us what he recalls. >> now i think one thing that's really important to remember here is that this is still a recovery operation. there are still people who are missing, who have been reported missing. we've learned search dogs from the pennsylvania task force have been in here helping with the search. so very important to remember that this is not a done deal when it comes to finding everybody on those trains. back to you. >>> we are working to l

this is who that man is. 32-year-old brandon bostian. investigators are much more circumspect however, the question of the hour remain williams if northeast train number 188 was speeding as the ntsb confirmed in short order, what exactly was that engineer, brandon bostian doing? right now authorities and bostian's lawyer don't seem to agree on whether the engineer is cooperating with the investigation. two different sides here. his lawyer says bostian spoke with the police, in fact for hours. though he has a concussion, and the lawyer says he remembers next to nothing about the actual moment of the crash. but a police official is telling cnn that that engineer, mr. bostian refused to answer their questions once he lawyered up. lawyer said bostian is distraught over the seven known deaths on that train that he was operating, at twice the legal speed. today at least eight people are in critical condition, but they are expected to recover. the newspaper, the philadelphia inquirer says about a dozen passengers at this point remain unaccounte

and tonight, one of the big questions surrounds this man he is brandon bostian, of queens, new york. identified by his lawyer as the engineer, who was at the the controls of the train last night. the ntsb says his train was moving at 106 miles an hour, with a limit was 50. and the words of the mayor michael nutter today clearly the engineer was reckless? what was going on in the cab. there is no excuse that could be offered. the death toll now stand at seven, 200 people were treated at a total of ten hospitals. and at least ten people are still in critical condition. >>> standing by with the latest on all of this our "action news" reporter sharrie williams monica malpass kenneth moton and dann cuellar, dann cuellar is live at the scene at frankford and wheatsheaf in port richmond. dann, bring us up to dayton what officials are doing and what they are saying. >> reporter: well, jim tonight we hear from the lawyer representing train engineer brandon bostian the ntsb has not ruled on what caused this derailment but mayor michael nutter was shocked and dismayed the engineer was taking a

the engineer is named brandon bostian. he was a contract engineer for caltrain in the bay area in 2010 and 2011. the ntsb says the train was going 106 miles per hour when it should have been going only 50. >> there's no way in the world that he should have been going that fast. >> we plan to interview the engineer at the first opportunity that we can. we want to go back and look at the operation of the train. >> crews are now using heavy machinery to remove the wreckage. police in philadelphia say boston bostian refused to give a statement without a lawyer. >>> a bill is up in the state senate that already cleared several legislative committees. kiet do is in san jose with more on what the bill would do. >> reporter: the vaccination mandate bill cleared a hurdle and it could be voted on today. antivaccination parents have flooded the capital in recent weeks and they say that this latest move is cheating the law making system. the authors of senate bill 277 amended it so that it won't cost anything. they got rid of the port

bostian put on the brakes. it was too late. >> in the next three seconds, three or four seconds, the speed of the train had only decreased to 102. >> reporter: at least seven people are confirmed dead. some families are still searching for their loved ones. >> his life may have been snuffed out. and my grandchildren are broken-hearted. and i'm cried out. >> reporter: and there are still many people that are missing or in critical condition right now. so that death toll may, in fact, rise beyond the seven people. five have been publicly identified. t.j. and marci, as we were coming in here this morning, we could see that the search area has expanded. we now know that they're using teams of dogs to see if anybody was thrown from the train. >> there's so many questions. a lot of information coming in. what else are we learning about the engineer? >> reporter: well, now we're starting to learn much more about him. we know that he came to work for amtrak in 2006. friends describe him as a funny guy who had a real lo

the other high priority interviewing the train's crew including the engineer. 32-year-old brandon bostian. >> he's not compelled to talk to the ntsb. we hope we would have that opportunity, if we can't talk to him then we certainly will use other means to try and piece together this puzzle. >> reporter: meantime some are questioning why amtrak didn't install special technology on the tracks that would have automatically slowed the speeding train. what do you say to people who say if it was installed it could have prevented this fatal accident? >> i would say, had it been installed it would have prevented this accident. the i've been saying this a long period of time. >> reporter: and we went on to ask him, i mean if he does believe in positive train control, this technology to slow the train, why wasn't it done in this section of the track? he said it's a combination of time and money. you know it just is a situation where they hadn't gotten to implementing that sort of technology in this area. jake? >> all right, rene, thank you so much. >>> joining me now from philadelphia is ntsb board

xavier was a flag man on this route with brandon bostian. and xavier was fired last year involving ab sentee issues involving his family but when he was asked by any problems involving brandon, this is what he had to say. >> ever see him drinking too sleeping. >> no. >> texting, phone calls? >> no. >> never had his phone out. no matter what the situation. >> let me ask you a question. what do you think happened? >> i don't know. i think something happened prior to him getting to that curve. we all know what the speed limits are. it is not a mystery to us. i've went up and down the rails with brandon hundreds of times. >> and how could this guy who you've traveled with on these tracks so many times gone into this situation so hot. >> and again, that is the million dollar question. >> the million dollar question anderson that only one man can apparently answer and that is this engineer who now has agreed to talk with the ntsb. >> all right, drew. tank you very much. >>> more breaking news the first lawsuit filed in relation to the derailment a

what do we know about brandon bostian?page and he made a post right after the crash, about five hours after the crash and changed his profile picture to black. since then he hasn't written anything a number of -- we also had a conversation with a friend who he knew in college, he said he's always loved trained. this was a job that was a passion for him. and that is reflected both in what he said and also as a high schooler in his hometown in memphis, he wrote for the local paper. and one of his co-workers had said he always chased the transportation stories and subways and trains. it paints a picture of a bit of a passion for the job for sure. >> i want to come back to you here and reiterate that what you were giving us was a hunch as you said, it was a hunch. no sort of concrete evidence that bostian was asleep at the wheel. based on things that you've seen in your past and similar situations like this what are some of the other possible scenarios that could have led to what we saw a few days ago? >> another possible scen

how brandon bostian got to that speed is still under investigation. anthony deese, electrical engineer at the college of new jersey specializes in power systems and motor control and gives us some insight. >> these trains again, they don't accelerate very quickly, so it would take several fractions of a mile or miles in order to speed up from their normal speed, let's say in the 50s up to 106 miles an hour. >> reporter: when the engineer turns up the electric throttle the motor goes through a series of electronic steps checking for electronic problems. >> there would have to have been a lot of different failures that all happened at once in order for that train to speed up out of control strictly from an electrical problem. >> reporter: once the train was at 106 miles per hour it would have taken at least a half mile to slow down to the required 50 miles an hour it needed to make the turn. >> it requires almost a mile to stop when traveling at 55 miles an hour. >> reporter: now, investigators have taken blood from brandon bostian and his cell phone. n

brandon bostian was an amtrak employee at the time to drive cal train before 2011.s in queens new york. here are new details on last night's crash. bostian's linked in profile indicates he's worked at amtrak nine years help ss le he declined to provide testimony to police. abc news reporter karen traverse has the late jeeft investigatorest. >> investigators are sifted through mangled metal and debris. data shows the train was traveling 106 miles per hour before it derailed, more than twice the speed limit for that part of the track. >> just moments before the derailment the train was placed into engineer induced braking, and this means that the engineer applied full emergency brake application. >> reporter: the engineer is identified as 32-year-old brandon bostian of queens new york. all seven cars plus the engine broke off the track. >> like a bang. >> the trains tilted over and rolled. >> reporter: amtrak say there's were 238 passengers and 5 crew members on board the train. seven confirmed fatalities including a 20-year-old, midshipman at the u.s. naval academy i

police have asked brandon bostian to undergo a blood test and give up his cell phone. his attorney said he's agreed to both. according to the linked in page, bostian has been with amtrak since 2006 and he became an engineer in 2010. police said he did not give a statement after the crash and left the police station with a lawyer. the ntsb says it will give bostian a day or two before they interview him. >>> meanwhile, the news4 i team is looking into a system that could have slowed down the train. it's called positive train control. it senses a speeding train, it slows down in areas where the speed limit is restricted. the ntsb said it could have saved lives if it was in place where this derailment happened. >> positive train control is designed to prevent derailments due to overspeeding, so this is exactly the type of accident that it's designed to do that. >> congress mandate positive train control after a crash between a freight train and commuter train in california in 2008. it is used on part of amtrak's northeast corridor, but again, not in that section of last n