reporter: the union, the association of commuter rail employees turned up representative showed up after the ntsb press conference, discussed details about what the train driver, train engineer had said and the ntsb says this is breaking the confidentiality agreement, this is one of the unions working with them on this investigation and that breaking this confidentiality means they will have to be excluded from this investigation. we heard from the lawyer as well. who says his says that the engineer had a good night s sleep before the accident. we got a page entrain wreck, five cars on its side. reporter: we re hear for the first time from the firefighter as they arrived on the scene of the deadly train derailment in the bronx. this morning, new detalls about the man at the controls. the train s engineer, william, billy rockefeller, his union
representative saying he was nodding off and caught himself too late. he s extremely distraught over it and he feels for the families. reporter: in the minutes after the derailment, according to a senior law enforcement source, rockefeller told first responders, going along and i m in a days, i don t know what happened. ntsb investigators say that ten-year veteran driver was on the second day of a five-day shift. the day was a typical nine-hour day. these days were routine days. there s every indication he would have had time to get full restorative sleep. reporter: his lawyer says he went to bed at 8:30 and got up at 3:30 a.m. that his client had a good night s sleep and is cooperating in every day. i think it takes a strong man to come down and be honest. that s what billy s doing. reporter: on the question of the brakes, rockefeller had initially claimed, according to
0 capture the animal. residents are waking up frightened as we hear the desperate calls just after the attack. the real top gun, she s the highest ranking woman at the pentagon ever, get this, she s also the inspiration for tom cruise s girlfriend in top gun. what s real and what s fiction? your new day starts right now. announcer: this is new day with chris cuomo, kate bolduan and michaela pereira. welcome to new day, it is wednesday, december 4th, 6:00 in the east. we have some breakthroughs in the new york train derailment investigation. officials say no brake problems were found and we ve learned the engineer admitted to nodding off moments before the accident. also, an unusual twist. the way that admission came out has now become part of the investigation. cnn s nic robertson is in the bronx this morning. let s start there, nic. reporter: the union, the association of commuter rail employees turned up representative showed up after the ntsb press conference, disc