warning the engineer derailed amtrak train 188 issued before that deadly crash. good evening to you. i'm jessica dean. >> i'm chris may. here's the latest at 11:00 o'clock tonight. amtrak announced its service between philadelphia and new york will remain suspended at least through monday. now that word came after investigators with the ntsb revealed that train 88 -- 188 was accelerating approached the turn where it crashed. eight people are now confirmed dead. all of them have been identified identified. and all passengers have now been accounted for. but six are still in critical condition at temple hospital. and new tonight we're learning about a safety warning issued by the engineer who was at the controls of that train when it crashed. we have team three coverage tonight of all aspects of this still developing story. we'll begin in port richmond with david spunt live at the scene of the crash. david? >> reporter: chris t behind me are now under amtrak control. ntsb released them earlier when we heard earlier this week the train was going at 106 miles an hour many were in shock. now we're learning what led up to the moments of that large speed change. the result catastrophic. investigators continued to work around the clock to piece together an explanation of why the train was clocked at 106 miles per hour. >> we will be looking at acceleration and these are just -- the figures i just provided today are just snapshots. >> reporter: ntsb board member says the figures show 65 seconds before the crash the train exceeded 70 miles an hour. 31 seconds 90 miles per hour. 16 seconds before, it hit 100 miles per hour. authorities believe it peaked at 106 miles per hour but crashed at 102. that's an increase of 30 miles per hour in just 49 seconds. >> at this point of the investigation are you concerned about fatigue or distracted driving? >> we always look at distractions much we always look at potential for fatigue. >> never had his phone out. it didn't matter what the situation was. >> social media meetings user who appears to be bostian 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 have voluntarily implemented some form of this technology". the ntsb won't know more until investigators sit down with the 32-year-old, something he says they'll do over the next few days. >> if i were interviewing him i would want to do this actually not ask questions. i want to just figuratively give him a clean sheet of paper and say, tell us what happened. >> reporter: bostian's attorney insists his client doesn't remember the crash. he says that bostian suffered a concussion has 14 staples to close that wound he also says his client gave a blood sample and cell phone records to police to help them with the fifty three gig. we're-in port richmond tonight david spunt cbs3 "eyewitness news". all right, david thank you. amtrak train is now at a facility in bear, delaware where the damaged rail cars are being examined as part of the crash investigation. they were taken to the amtrak mechanical services department after being removed from the crash site earlier today. the rail cars were x-rayed and wrapped in plastic by the ntsb before they were dropped off. investigators will be testing the brake system and analyzing the damage. we're learning more tonight about the eight men and women who lost their lives in the amtrak tragedy. "eyewitness news" reporter todd equip nope takes look at those they left behind including the teenaged son of one missing passenger who made video plea for help to find his dad. >> reporter: -- my name is mark gildersleeve, please help my me find my dad. >> mark dad's was the man who was recovered thursday morning. we also learned thursday dental records helped confirm laura fin more was among those killed as was jip september pee pari is the 40-year-old from italy was in the united states on business business. at the naval academy midshipman justin zemser was remembered by friends. >> justin was relentless. he was -- i mean first one in the weight room. last one out. he pushed -- made everyone want to get better. >> as the familyies grieve the eight killed the survivors struggles continue. >> i can't even close my eyes without having a flashback. >> it was the first time lenny knobs of conshohocken was on train. 34 was on his way to new york this photo taken inside the train shows a firefighter trying to free lenny who was wearing a flyers t-shirt as he was trying to get out. >> i flew across hit my whole body on the other side of the wall. pretty much bounced back. >> lenny has four broken ribs a fracture in his spine and a severe leg wound. >> how you doing buddy? former flyer todd fedoruk made a special delivery to lenny. >> we seen one much our fans involved in that tragedy and he wanted to come by and brighten up our day. >> i appreciate that. >> our condolences to all the familyies. this is our neighborhood much these are our people. >> reporter: lenny still considers himself to be one of the lucky ones after he finished recovering at hahnemann he'll getting to to go togetting to home to his wife and five-year-old son. >> we'll reminder the people on that train. thank you very much. amtrak employee has become the first to file a lawsuit in connection with his deadly derailment bruce phillips of southwest philadelphia is recovering tonight at temple hospital. he was on board train 188 tuesday night on his way to work in new york. the lawsuit says that phillips suffered serious and permanent injuries in that crash. he was suing for a sum in excess $150,000. we know that the tracks in port richmond are not equipped with a safety system called positive train control. even though congress is requiring that system to be up and running everywhere by the end of this year. i-team reporter charlotte huffman first told us about positive train control yesterday. tonight she explains how a master seven months may have made the difference between life and death. >> amtrak is heart broken for what happened here. >> reporter: heart broken and committed. amtrak ceo joe board man pledged to do what it take to prevent a scene like this from unfolding under his watch again. the answer, experts say is ptc. >> when off system like ptc in place speed be an issue. >> positive train control uses gps technology and ground sensors to determine whether to override the actions of the train engineer. implementing ptc nationwide was a congressional mandate in 2008. political action taken after a metrolink train collided with another train in los angeles because the engineer ran a red signal while texting at metrolink director of operations mccarthy use this simulator to train engineers on ptc. >> now it's telling me have i to brake in 26 seconds. now in this case i'm not going to brake i'm going to let ptc do its job. >> if he doesn't the system brings the train to a stop. >> ptc is already up and running along some parts of the northeast corridor. the new york line from new brunswick to trenton and on the mid atlantic line from perry perryville, maryland to wilmington, delaware in philadelphia the system was not yet finish and amtrak says money is partly to blame. but despite the $50,000 per mile price tag amtrak says, they'll get the job done. >> we have to change a lot of things on the corridor to make it work. and we're very close to being able to cut it in. we need some testing done on interference with the 220-megahertz radios we're dealing with but we will complete this by the end of the year. >> reporter: as for septa lines officials tell the i-team septa spending more than $300 million to install ptc on its commuter rail network and expects to meet the federal year end deadline there. >> it will be interesting to see. >> at this point there seems to be universal agreement this could have prevented this tragedy from happening. >> absolutely. it overrides the engineer. so essentially it eliminates human error. >> charlotte, thanks so much. >> no problem. >> amtrak says service between new york and boston and washington and philadelphia will operate normally tomorrow. service between new york and philadelphia is expected to be suspended through next monday as track remains are made. septa says it's unclear when the trenton line service will resume resume. our coverage of this story continues in just about five minutes. what happened inside the cab of this amtrak train could be crucial in this investigation and we talked to a local world renown transportation expert about what he sees happening. plus are seat seat belts on trains the answer to saving lives during a crash? we look into whether they would make a difference. all of that coming up in about five minutes here on "eyewitness news". >> some other news for you now six members of the philadelphia police depth are a quitted of federal corruption charges. cheers erupted outside the federal courthouse today after those six narcotics officers were found not guilty. prosecutors had accused of them of beating and stealing nearly half a million dollars from drug suspects. after seven days of deliberations the jury came back with verdict of not guilty on each of the 26 counts counts ranging from conspiracy and extortion to robbery. >> new at 11:00 a toy has landed a student in big trouble tonight tonight. this 11-year-old was suspended for mistakenly bringing it to school. his mother tells eyewitness new reporter diana rocco administrators at the atlantic city school went too far. report roar this styrofoam they have been bullet with a tooth spic stuck in it is atlantic city educators call a weapon. >> from there looking at the quote unquote weapon looked like it was an imitation of a shank. it's a toy with a tooth pick on it. >> aaron moody's mom got the call friday after the they have been bullet fell out of his pocket. and it nearly bott got the 11-year-old special education student kick out of the up town complex school. >> pulled out my late slip and that's when the item fell out of my pocket. and a teacher scene it. >> aaron was immediately escort to do the officer by security guard. his mom said the vice-principal told her aaron would be expelled expelled. a punishment that turned to suspension. which indicate he was in possession of a self constructed weapon. according to the school's policy policy, a weapon is anything readily capable of lethal use or inflicting serious bodily injury injury. >> it sounds completely ludicrous to me that my son would be expelled for a nerve bullet. >> reporter: aaron plays with nerve guns at home and put a tooth pick in the end of the styrofoam so it sticks in the dirt when he shoots it. that day he forgot it was in his pocket. >> they want me to, like say that i did it on purpose. i put it in my pocket to hurt someone. >> reporter: aaron is serving his 5-day suspension in school but his mom says he's missing out on valuable time in the classroom. >> it's mind baffling to me that someone would even take something as small as this to the highest extreme. >> reporter: we have reached out to the atlantic city board of education several times for comment but so far those calls and an e-mail have all gone unanswered. in atlantic city, i'm diana rocco cbs3 "eyewitness news". well it is middle of may. the pope's visit to philadelphia is drawing closer and that means that demand is growing for visitors to find a place to stay stay. >> new tonight the race to rent and how some are hoping the pontiff's visit had lead to profit. kathy? >> temperatures will be on the rise as we inch toward the weekend but also some rain in the forecast. i'll time it out coming up with that "eyewitness weather" seven day forecast. >> and kathy we've got brand new information just into tonight about tom brady's appeal of his deflate-gate suspension. to night the nfl commissioner is responding much that's next. >> and we are down to the last five shows with david letterman. tonight dave sits down with george clooney and has a special performance from tom waits. don't mitt the late show at 11:35. right here on cbs3. >> this is a look at the scene of the amtrak tragedy tonight. you can see most of the derailed train is gone now. however, service from philadelphia to new york will remain suspended at least through the weekend and into monday as crews work to repair the shattered tracks there. of course, knowing what happened inside the cab of amtrak 188 may be the key to understanding this derailment. today eyewitness spoke with doctor, he says in most train crashes two or three things go wrong. but the speed of a train he says is solely in the hands of the engineer. in this case brandon bostian. he 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 good. when simple lap belts were tested crash dummies rotated with enough force to break their neck. three-point belts like the ones in cars were better but seats would have to be made more rigid in order to anchor them. increasing the risk to unrestrained passengers. another study concluded seat belts on trains aren't practical because passengers were unlike toll use them. be sure to stay with "eyewitness news" for the latest on the amtrak tragedy. we have complete coverage at cbsphilly.com. today the patriots quarterback tom brady filed an appeal of his four-game suspension in the deflate-gate scandal. late tonight, the nfl said that commissioner roger goodell will hear that appeal and that is likely not good news for brady. the four-time super bowl champion was suspended for his role in the football deflateing scandal that preceded, or followed the afc championship game. patriots stand behind brady and today had he published a point by point rebuttal of the report that led to his banishment. >> new at 11:00 tonight the chance to profit off of the popes trip to philadelphia. the holy father's visit could mean hauling in lot of cash. "eyewitness news" reporter alex degree ya huff shows us how some are looking to cash. >> as philadelphia gets ready to welcome the pope the gerbers are getting ready to welcome strangers into their home. >> two bedrooms with. >> they are hundreds of local families being sought after to say the least it's a sellers mark. >> we have wireless internet. >> for weeks visit they're looking to rent their rittenhouse square neighborhood home for at least $15,000 while they vacate to pittsburgh. >> it seems like it would be a nice little way to spend a vacation or use that like a little extra pocket cash. >> we started getting phone calls from some of our neighbors and clients asking if we could help them rent their home. >> realtor julie has been hold holding informational meetings. >> of course we have recommended that everyone talk with their account at that particular time. their attorney and their insurance carrier before they rent their home. >> reporter: if you are a renter make sure you check with your landlord before offering your place up. if you live in a condo where short interpret rentals are not loud you might want to talk to your neighbors to see if you can ask for temporary rule change. through air b and b homeowners are asking between $50 and 50,000 for a week's stay depending on location and amenities. but seasoned guests and renters renters say it's worth it. >> hotels are sterile. every hotel room is the same and you wake up and you don't quite know where you are. but in a home, you really get a sense of the place you're visiting. >> reporter in center city alexandria how cbs3 "eyewitness news". >> quite a range in prices there. all the way to 50,000 dot dollars. it will be interesting to see how that all work out. >> i wonder where the pope himself will stay. >> your house. >> he's welcome. we got room for him. >> before you ren tell your spouse. >> you're moving out. >> weather wise we're moving in to some mild weather. it's going to be a roll nice weekend a little bit warmer and a chance of rain. outside it is comfortable if you step outside for midnight stroll why not? it's beautiful with temperatures that are in the 40s and the 50s. light sweater is required in center city and in the suburbs right now in philadelphia, 59. 54 in allentown. the poconos 43. but here's a look at what we'll wake up to in the poconos 45. philadelphia 52. not quiet as cool as this morning. in wilmington 54. millville 52 degrees. atlantic city 51 at the airport. on storm scan3 skies are clear but look at the clouds. they are high clouds and that means some warmer air is moving in the upper levels of the atmosphere and it will make its way to the surface over the next couple of days. it has been very dry across the region and no rain in the very immediate future but look at these rain deficits in allentown, philadelphia, trenton, wilmington a good representation of the delaware valley over an inch below average since meghan. and we're halfway through the month. sunny during the day on friday high temperatures a little bit warmer in the mid sten 70s we'll watch this warm front first the high clouds tomorrow then saturday a few showers as it inches a little bit closer. but increases in humidity everywhere with high temperatures in the 80s. as the front inches toward us little bit closer on sunday better chance of afternoon showers maybe rumble of thunder high temperature in the 80s and even more humidity and then we'll be seeing that front final finally moving that was by the beginning of next week. take a look at the weekend rain amounts over saturday and sunday sunday. you can see about a quarter of an inch to three tenths of an inch of rain. they are in agreement not a lot of rain over the course of the weekend mainly some spotty showers and a few thunderstorms. as you man your day for tomorrow the morning commute a little bit on the cool side. bring a light sweater. lunch outside looks great plenty of sunshine after school and for any evening activities if you go out to dinner maybe light sweater as temperatures will be falling after sunset. down the shore nice saturday, 72 72. sunday 73. next weekend is memorial day weekend already. as we look ahead overnight tonight 52 during the day tomorrow. look for a high of 75 and on the exclusive "eyewitness weather" seven day forecast here we go. 80s over the weekend. monday a hill bit unstable. tuesday the front comes through and then, ah, beautiful weather. dry, pleasant 72 wednesday. 73 on thursday. as we head toward memorial day itself. >> the up official kick off to summer. >> can't wait. >> all right kathy thanks. >> great week topped get out and see baseball. >> phillies are playing much better now. go see them. phillies close out the pirate season with a power show from ryan how war. we've been waiting to see that and another jim out of aaron harang. he said down the >> phillies had a big couple of days. >> they really have. playing very good baseball. all of a sudden phillies going for two in row to split the series with the pirates today at citizens bank park. aaron harang on the mound before the game the phillies honored closer jonathan papelbon for breaking the franchise saves record last night. we'll see him in just a few minutes. harang was outstanding again. eight shut out innings against the pirates. struck out six today. he's been untouchable at citizens bank park. he's allowed only two runs in almost 30 innings and four starts at home. and ryan howard continues his resurgence much this is team high seventh home rupp he wept three for four today. phillies got into a bit of jam in the ninth but no worries franchise saves leader on the mound and he got them out. papelbon picked up his eighth save of the season. phillies win four-wolf here's ryan howard. >> i mean it's been great. you know, we've been able to, you know again bounce back against really good baseball team and show what we're capable of. just trying to take that momentum and carry it over to tomorrow. >> all right. the eagles finishing up some business today they signed third pound pick jordan hicks to a four year deal. all six players from this year's draft have agreed to cracks. next up for the eagles ota' that is start may the 26th. connor barwin and several teammates helped clean and rehab couple of public parks today. volunteers from joined the birds local contractors the philadelphia hour toy cholerae al society and councilman kenyata johnson all that for a dave service. good job everybody. we'll be right back. ♪ ♪ ♪ you're only young once. unless you have a subaru. (announcer) the subaru xv crosstrek. symmetrical all-wheel drive plus 34 mpg. love. it's what makes a subaru a subaru. ♪ tonight the philadelphia association of black journalists marked the 30th anniversary of the move disaster. >> cbs3 "eyewitness news" vet gate tiff reporter walt hunter was part of the panel discussion. they spoke about lessons learned from the bombings. events ling up to it and aftermath. of course the 1985 bombing killed 11 people and destroyed 62 homes in west philadelphia. yesterday more than 200 people al head where the bombing took place in the 6200 block of osage avenue. we'll be right back. ♪ there are a lot of channels on your tv but only so many you want to watch what if you could pay for the types of channels you want and not the ones you don't now, fios brings you a totally new way to customize your tv, at a price that's totally affordable. starting at $74.99 per month. get custom tv, including internet and phone. price guaranteed for two years. plus, get a $300 visa prepaid card with your 2 year agreement. go to getfios.com today. cable just gives you channels. fios gives you choice. call the verizon center for customers with disabilities at 800.974.6006 tty/v i'm lynne abraham. when i became philadelphia's da, child victims had to face a judge ...a jury...the public... and testify eye to eye with their attackers. it wasn't right. so i got a constitutional amendment passed allowing children to testify remotely. i'm running for mayor for the same reason -- our children should come first. jim kenney and tony williams are fighting over public schools versus charters. i disagree. we have to improve education for all of our children. "eyewitness news" will be back on the air tomorrow morning at 4:30 with ukee washington, erika von tiehl and katie fehlinger. we thank you for watching "eyewitness news" at 11:00. for beasley kathy and of i'm chris may. >> i'm jessica dean. we're always on at cbsphilly.com cbsphilly.com. neck the late show with david letterman. his guest tonight george clooney clooney. we'll see you tomorrow. ( band playing "late show" theme ) from europe busiest's port it's the late show about david letterman tonight... plus paul shaffer and the cbs orchestra. i'm alan kalter. and now a man just the right size for his britches david letterman captioning sponsored by worldwide pants and cbs ( band playing

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