california, and an amtrak train bearing down on it, the guy panics, fortunately is able to get out of the way. the train cannot stop. the train, though, did have some passengers on it. again, nobody hurt in in any of this but they re trying to clear the scene in oakland, california where you ve got police and fire department personnel still there, cleaning up, working to get the line back up and running. but the picture tells so much of the story that s come into our newsroom here. you can kind of use your imagination of what that driver must have been thinking and he had seconds, a split second, really, to get out of the way as he tried and tried to start that stalled bus. couldn t do it. amtrak train, a commuter train, bears down, the train traveling from sacramento to san jose, it was moving, okay? it had not slowed down to the point of where it would have been pulling into a station or anything like that. this was the middle of a crossing in oakland. that bus ripped in half. the se
jane happening now , sully, captain sullen burger, the pilot responsible for the miracle on the hudson has announced he s retiring, he s 59, he joined us airways in the middle 80s. searchers are loofg for survivors of a landslide, at least 80 have been killed. discovery is on the launchpad of the kennedy space center, set for liftoff next month. jon: let s get some more information on that car versus sorry, bus versus train accident out in california. harris faulkner has that from the breaking news desk. reporter: that big bus in the center which would have held a very, very large crowd of people actually was empty. that is the good news. here s the bad news. the driver, stuck on the trarks couldn t get the thing started. it had stalled. this is in oakland,
family before they decide whether to make this a death penalty case. when you say special circumstances what would they be? caller: they would be a murder in the commission of a rape which would fall under the special circumstances allegations in california which takes a first-degree murder from 25 to life and makes it life without the possibility of parole. but it also makes someone eligible for the death penalty. but the d.a. won t elect to do that for probably a couple of months until they get more information on this guy. jane: we re waiting to hear how they were led to this body which may be that of chelsea s. initially the sheriff had told yesterday even that he wasn t being helpful that gardner wasn t being helpful in this case. could that potentially hurt him? caller: it certainly could and sometimes in situations where a body is missing and there could be closure for the family authorities will take the death penalty off the table if someone insists on finding a body. i