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Definition of this highway hypnosis, being in a daze, nodding off, does this really constitute fall agsleep? was he negligent in falling asleep? certainly his lawyer has said he had a good night's sleep before. he's got a clean track record leading up to this. these will be issues under scrutiny. the potential is because there were fatalities, he could face charges. interestingly in the last couple minutes, we've talked with the engineer's lawyer. he says today the engineer not speaking with the ntsb, not answering more questions on their inquiry. not clear because they haven't asked him, is t...

Anomalies in the signaling. if we remember, the engineer was quoted as saying right after the accident that he applied the brakes, knock happened. the ntsb say they've had an examination of the brakes, and they feel that the results have come back showing that there were no problems with those brakes. this is what they said. >> we've determined that the metro north mechanical department performed a proper brake test prior to the accident train leaving the station, and there were no anomalies noted. based on these data, there's no indication that the brake systems were not functioning properly....

She said he's gone. martha: rick leventhal is on the scene. rick, what are we learn being what happened here? >> reporter: the "new york post" is reporting the engineer said he zoned out before the crash. but tmz is reporting the engineer said he fell asleep in the minutes before the train crashed. when he woke up it was too late to stop the train from hurtling off the tracks. he did not cut the brakes until 6 seconds before the derailment. and it was too late. it killed four people and injured 3. there are still three critical as of last night.

Tomorrow on the show, debbie wasser man shultz and tom daschle. >> developing news, president obama set to speak this hour on health care law the beginning of what's described as a full-court press to get people enrolled and turn the page from the flawed rollout. has the white house truly turned the corner? we'll talk with top democratic leader james clyburn. more news on the train derail xt in new york. the train engineer recently started a new early morning shift. plus, sources tell nbc news the engineer said he may have zoned out just before the crash. a winter storm has already blamed on...

Domestic worker was taken to hospital after contracting the virus in critical condition from what we're told at the moment. the country has escalated the response level plan. and here's why. >> the world health organization says in the past ten years, 651 cases of avian full were confirmed and of those, 380 patients died. the who says whenever flu viruss are circulating in poultry, sporadic infections or small clusters of human cases are possible. >> especially in people exposed to infected household poultry contaminated environments, and as fred was saying there, the real worry about this is ...