Attorney to Seek Wrong-Way Driver's Exhumation

(CNN) -- The attorney for a man whose wife's wrong-way accident killed eight people on New York's Taconic Parkway in July says he will ask authorities to exhume her body to prove she wasn't drinking at the time of the accident.

Dominic Barbera, attorney for Daniel Schuler, told CNN's "Larry King Live" he believes Diane Schuler may have suffered stroke-like symptoms and that a fire after the accident could have turned blood sugar into alcohol.

"I read from the medical autopsy report that there was charring of the body because there was a fire," Barbera said. "And I found -- my doctors found numerous cases where you can actually have sugar in the blood turn into alcohol."

Barbera said Schuler may have had a Transient Ischemic Attack, which produces stroke-like symptoms but no lasting damage.

The Westchester County medical examiner's office found that Schuler, 36, had a blood alcohol level of .19 percent -- more than twice the legal limit -- and had marijuana in her system when she drove a minivan the wrong way on the parkway and ran head-on into an SUV.

Three adults in the SUV were killed in the July 26 crash, as were Schuler and four children she was carrying in the minivan -- her daughter and three nieces. A fifth child, Schuler's son, survived.

A spokeswoman for the medical examiner's office, Donna Green, said that the office stands "by the findings of the medical examiner's report."

But Daniel Schuler said he believed the report was wrong.

"I know the truth, what happened, with my wife," he said. "She is not an alcoholic and doesn't drink. She is an outstanding mother."

Barbera and Schuler said they wanted to have the body exhumed for further examinations to prove that the accident was not caused by a drunken driver.

Attorneys for the family of Daniel Luongo, 73, one of the victims in the SUV, rejected the Schuler family's contention.

"The scientific evidence indicates that Diane Schuler was intoxicated and under the influence of marijuana at the time of the crash," they said in a statement.

"Any claims denying her responsibility for this tragedy are wholly unsubstantiated, and the Luongo family finds these claims appalling, offensive and hurtful. They have lost a loved one to a senseless tragedy, and these claims do nothing but add insult to injury."

Family: No Signs of Heavy Drinking in Driver in Fatal Crash

NEW YORK (CNN) -- The body of a woman who authorities say was impaired by marijuana and alcohol when she caused a deadly head-on collision shows no signs of long-term alcohol use, according to an investigator hired by her family.

"I have looked at the autopsy, and the pancreas, liver and esophagus were clear," Tom Ruskin, lead investigator and president of CMP Protective and Investigative Group, told CNN. "I've never seen a case like this. No one has seen this woman drunk and we have interviewed over 50 people -- relatives, friends, colleagues and former employees from her company."

The Westchester County medical examiner's office found that Diane Schuler, 36, had a blood alcohol level of .19 percent -- more than twice the legal limit -- and had marijuana in her system when she drove a minivan the wrong way on the Taconic State Parkway and ran head-on into an SUV.

Three adults in the SUV were killed in the July 26 crash, along with Schuler and four children in her minivan -- her daughter and three nieces. A fifth child, Schuler's son, survived and is in stable condition.

Ruskin, a former officer in New York Police's narcotics division, said he is hesitant to fully accept the autopsy report.

"I'm not saying the autopsy is wrong or right. I don't know if she smoked pot weeks prior. Marijuana stays in your system for up to 30 days," he said.

The medical examiner's office released a statement on August 6, saying it stands by its autopsy results, and reiterated that Sunday.

Schuler's family expressed shock when the details were revealed, saying she had no history of substance use.

"There's no way she'd do this," Jay Schuler, Schuler's sister-in-law, said earlier this month. "She was responsible."

Tests revealed that Schuler had an additional six grams of alcohol in her stomach that had yet to be metabolized, according to Maj. William Carey of the New York State Police.

A vodka bottle was also found in the vehicle after the crash.

Ruskin is adamant that it is necessary to go back through the day of the crash.

"We are analyzing all of the data that we have to date. We have a staff that has consumed themselves with this case," he said. "We are trying to determine what happened here."

Schuler's husband, Daniel, "would like to remind people that no matter what happened here he lost his wife, his daughter, his nieces and he also grieves for the Bastardi and Luongo families," Ruskin said, referring to the other crash victims.

"He talks about that constantly in my daily conversations with him."

Wrong-Way Taconic Mom Not an Alcoholic, Family Says Autopsy Shows

CNBC.com- 'She was drunk. But she wasn't an alcoholic. '

The family of the woman who was drunk and high when she drove her minivan the wrong way on the Taconic Parkway and slammed into an SUV, killing eight people, is capitalizing on the results of an autopsy that they say shows Diane Schuler wasn't an alcoholic.

An investigator hired by her husband, Daniel Schuler, says the medical examiner's report, which the family received last week, shows no sign of cirrhosis – a sure indication of a habitual drinker.

"The autopsy supports the claims of over 50 Diane Schuler's friends and family members who have never once seen this woman drunk," investigator Thomas Ruskin told the Daily News Saturday.

Schuler had a blood alcohol level of 0.19 – more than twice the legal limit – at the time of the crash and had smoked marijuana as early as 15 minutes before, officials say. Relatives of the mother of two have decried allegations she had substance abuse problems. The lack of cirrhosis revealed in the coroner's report is the first time the family has been able to respond with what they perceive as hard proof against those charges.

Ruskin said the coroner's report also showed no indication of esophagus erosion – another son of long-term alcohol abuse, reports the News.

"It shows that Diane's liver and pancreas have no signs of alcoholic disease," Ruskin said of the 20-page report.

Daniel Schuler has adamantly maintained his wife had no drinking or drug problem, and that some strange medical mystery was to blame for the crash. The autopsy indicated no "medical mystery" that could have been responsible; it showed Schuler had consumed the equivalent of 10 shots of vodka and had high levels of THC, the main chemical ingredient in marijuana, at the time of the deadly crash.

The Long Island mother was driving home from a camping trip when she got on the Taconic and drove nearly two miles in the wrong direction before plowing head-on into an SUV. Schuler, her daughter, three nieces and three men from Yonkers in the SUV were killed in the collision. Only Schuler's 5-year-old son, Bryan, survived.

Lawyers for the family of two of the Yonkers men killed in the crash dismiss Ruskin's interpretation of the autopsy results as a plus in the Schuler's column.

"The lengths these people are taking to deny reality are just astounding and painful to my clients," Irving Anolik, attorney for the Bastardis, told the News. "The fact remains that Diane Schuler was drunk and high when she killed all these people and the facts aren't going to change."

The Bastardis, who intend to sue Daniel Schuler in civil court, have their own concerns about the autopsy. They wanted officials to test hair follicle samples from Diane Schuler, which can reveal drug use dating back for two months. Weschester officials confirmed a hair follicle test hadn't been conducted, and one said that such tests typically weren't used in accident investigations.

Diane Schuler's Family's Attorney Blames Blood Alcohol Content 2x Over Limit Due to An Over Counter TOOTH Pain Creme.

NY Daily News- A private investigator claimed Thurshay Taconic death driver Diane Schuler stopped at a convenience store to buy pain medication on the tragic trip.

Thomas Ruskin, who was hired by Schuler's family, says he has video footage that proves the Long Island mom made the pit stop - and a statement from the shopkeeper.

"The counter guy positively identified her as Diane Schuler. He said she appeared normal and he could swear that she was absolutely sober," Ruskin told the Daily News.

Authorities say Schuler was drunk and high behind the wheel when she crashed her minivan into an SUV, killing eight people, including four children.

Her family has been desperately trying to clear her name, suggesting that a mystery illness - not 10 shots of vodka and pot - were to blame for her wrong-way driving on the Taconic State Parkway last month.

Ruskin said the video - which he did not release - shows Schuler entering the Liberty, N.Y., store and speaking with the person at the counter.

"He said she asked him for Tylenol or Advil and he didn't have any - so the question becomes what was bothering Diane Schuler?" Ruskin said.

Relatives of the three men killed in the SUV have decried the Schuler family's efforts to contradict the autopsy results.



Read more: http://www.nydailynews.com/ny_local/2009/08/14/2009-08-14_she_stopped_for_pain_med_says_taconic_mom_lawyer.html#ixzz0OAMyjzUv

Taconic Parkway Tragedy

This picture from that car accident caused by Diane Schuler on the Taconic State Parkway has really touched me. It's prolific in it's finality somehow to me.

Wrong-Way Crash: "Diane Would Not Do This"

CBS- The mystery of the tragic accident that took eight lives on New York's Taconic Parkway last Sunday has gotten deeper with the release of an autopsy report, stating that the driver of a vehicle going south in a northbound lane was drunk and stoned.

A toxicology report found that Diane Schuler of West Babylon, L.I., had the equivalent of ten shots of vodka and marijuana in her body.

A bottle of vodka was found in the mangled wreckage after Schuler's minivan slammed into oncoming traffic near Briarcliff Manor, N.Y., killing herself, her 2-year-old daughter, three nieces, and three men in another car. Her 5-year-old son is the sole survivor and is still recovering in the hospital.

Yesterday Daniel Schuler, grieving for the loss of both his wife and his little girl, Erin, spoke out in her defense:

"I never saw her drunk since the day I met her," he said at a press conference. Schuler wouldn't answer questions about marijuana use.

He blamed her apparent disorientation on a stroke, her diabetic condition, or an abscess in her mouth, reports CBS News correspondent Kelly Wallace.

"I go to bed every night knowing my heart is clear: She did not drink. She is not an alcoholic. Something medically had to happen," Daniel Schuler said.

Jay Schuler, Daniel's sister-in-law, also defended her on CBS' "The Early Show," against the toxicology report that claimed she drove five children in a car while high and stoned. "Diane would not do this," she told anchor Maggie Rodriguez.

"My feeling hasn't changed to Diane at all," Jay Schuler said. "She was a wonderful, wonderful mother, wonderful sister-in-law, wonderful friend.

"She was caring, loving, loved children. As I've stated before, I've left my son in her care numerous times, once when I left the country. There is not a doubt in my mind.

"Danny is heartbroken, heartbroken for the families," she continued. "They are in our thoughts and our prayers. We want them to know this is not Diane. We would never, never ever let this happen."

She said further investigation is required to find out what happened.

Daniel Schuler's attorney, Dominic Barbara, also questioned the evidence, saying it was inexplicable given how Diane Schuler appeared before the crash.

"Maggie, I'm going to ask you to explain how a woman gets up, eats breakfast, leaves the campground at 9:00 a.m., gets kisses from her husband, leaves other people, and she is not drunk," Barbara said.

By 1:35 p.m., she and seven others were dead.

"At some point something happens to this woman, there's no doubt about it," Barbara added. "We're finding more and more proof." He described a phone call from one of the children in which they observed Diane Schuler was "having problems forming words.

"That's not 'drunk,'" Barbara said.

The only survivor in the minivan was Diane's 5-year-old son, Brian, who is still hospitalized.

"Brian is a trooper," Jay Schuler said. "It's going to be a long haul. He will need some extensive rehab. We're just giving him love and support from the family. We are around him around the clock, just to make sure that he's okay."