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information can be put together we'll have a much clearer picture of what was going through the mind of the fella driving the train and what was actually happening mechanically and so forth and the timing and sequencing of that. those two things i think will give us a much clearer picture. >> jeffrey, the engineer in this particular case his lawyer says he has no recollection of the crash, and there's conflicting indications whether or not he's willing to cooperate, not cooperate. the mayor of philadelphia michael nutter, says he has every right to remain silent if he wants to. what's your analysis from the legal perspective what's happening here? without his cooperation, there's always going to be some murkiness, i should say? >> every criminal defense lawyer in the world would tell this -- this engineer to say nothing. he is in clearly very serious jeopardy of being prosecuted. i mean this is a horrendous accident. at least on the surface you have