tv CNN Newsroom CNN April 14, 2013 7:00pm-8:00pm EDT
erratically. the aunt isn't picking up the cell phone right now. >> the woman driving the car they think is having a medical emergency. she called and couldn't talk anymore. she has five kids in the car. the brother and father are here at the station. >> police, 911 emergency? >> there's an accident, route 117. route 117. what is this? pleasantville road? >> that's nine? ma'am? >> keep going. wait a second. i'm from -- i'm not from around here. >> 17 at taconic? if okay. are there injuries? >> i don't know. let me check it out. hold on. honestly, hold on. i really don't know. yeah, there are. there's, like, little kids. there's kids not moving. yeah, there's a whole bunch of kids. honestly, the car's smashed. >> okay. i'll call.
♪ >> she drives away. i watched this, like, numerous times. over and over again. and she was fine. that's what's frustrating. i'm very big into mystery shows. i live for watching those. and even before this. that's all i would watch. and it's just ironic to me that i feel like i'm on one of them. i feel like i'm walking around and there's going to be, like, this story is going to come out. i feel like somebody is going to say ten years later it proves
what happened. there's so much more to the story. >> it was a horrific scene on a taconic parkway near route 117 this afternoon. this burned out shell was all that remained of a minivan after the head-on crash which left eight people dead. >> diane schuler, her daughter and three nieces. three westchester men in the suv were killed. >> evidence leads us to believe that a vehicle was traveling the wrong way southbound in the northbound lanes of traffic. >> several people were ejected. most of them children. and we prioritized and we were able to save one young child's life. >> more than one family was destroyed tonight after a horrible crash on a taconic parkway. the loan survivi loan lone surv 5-year-old boy clinging to life at the westchester center. >> i didn't know what happened. i went to the hospital and found out there was a car accident.
>> and he got the phone call and he got all upset on the phone and he handed me the phone. and at that point, it was, brian died, and everybody else was alive. >> then i went to papa's house and i told them that brian was dead. and then i got the phone call that it wasn't. that brian survived. and then jimmy said it's bad, it's bad, everyone's gone. >> i don't remember much of that day. you know? just taking care of brian. that's what i remember. ♪ >> my sister was a phenomenal mother, aunt, and friend. and all of us are grateful for
the love and care that she showered upon our entire family, especially all of our children. what we ask for all of you going forward is you keep my girls, my sister, and my niece and all of us in your daily prayers. there's a miracle child in all of this. our nephew, brian, who's getting better and stronger by the day, and he'll be loved by more people than he will ever understand. love your children. cherish your children. kiss your children. and don't ever forget.
>> an autopsy was performed by the westchester county medical examiner's office on the body of diane schuler. the operator of the 2003 ford van who was responsible for this crash. the toxicology from that autopsy shows diane schuler had a blood content of .19%. the legal limit for intoxication in new york state is .08%. toxicology also reveals diane schuler had a high level of thc. thc is the active ingredient contained in marijuana. >> in drinks, how much had she consumed? >> the weight is important in calculating that number of drinks. with that level of alcohol it's approximately ten drinks are still in her at this time.
>> all right. we want to speak to you about the events that occurred and i'll tell you quite candidly that i didn't see any real benefit except my client wants to talk about his wife. she was not an alcoholic. she rarely had a drink. she got in the van with the children and what should have taken a 35-minute drive took almost 4 hours. >> listen to this. i go to bed every night knowing
my heart is clear. she did not drink. she was not an alcoholic. listen to all that. she is not an alcoholic, and my heart is rested every night when i go to bed. something medically had to have happened. >> my name is jay schuler. >> you're married to. >> i'm married to danny's brother. diane was my sister-in-law. family was the most important to her, to have the cousins all playing together. there is no way she would ever jeopardize the children. stop the barking. just go down a second. look at the things they wrote about her. loser. killer. isn't that nice? shut the "f" up and admit him and his wife were alchies and pot heads. people you'll see in hell. that's what brian is going to
say, his mother was a murderer. people want to know why i keep on fighting. you go from the perfect tragedy to now people hating you, hating you. people what they're saying on the computer, people what they're saying on the news. you know, i'm like, you don't know us. that's not what happened. and any sympathy turned to hate. i need brian to hold his head up high that his mommy was a great mom. she wasn't drunk. she would never do that to them. never. never, ever. she would never hurt her kids or warren and jacques'. something happened. >> every test experts recommend to us and we'll go to every avenues here that can be explored. >> right. >> but what if it doesn't turn up something you want? >> i know. i think about that sometimes, but it's going to work out. and if it doesn't, i don't even go down that path.
because i know she wouldn't let me fight this for nothing. >> barbara law firm. good afternoon. >> you know why they came to me originally? to go public. that was from day one. they didn't just pick my name out of a hat. they wanted to go public, and i still think it was the right thing to do. it would have never gotten to where it was today. you wouldn't be involved if it wasn't something public, right? >> right. >> this has been a very painful, emotionally painful experience, this case because i've taken a lot of grief. i've taken more grief on this case than some of the really -- jessica hahn, cases of the '70s and '80s, my friendship with certain celebrities. this took more heat. people actually come over to me, how could you represent that drunk? and that really bothers me, because i truly believe in my
heart of hearts she's not an alcoholic, nor a drunk. do i have an answer for that day? no. >> what is the thing that you want to happen most? >> i want to know what happened to my wife. i want an autopsy done. a correct autopsy done. i want to know if she had a stroke or not. because what they're saying is not true. or i wouldn't be doing this. i'm a quiet person and a private person, but i just want to find out what happened. so when my son gets older, he knows what happened to his mom. i'm going to go to the end until i find out what really happened, the truth, whether it's good or bad. that i know something medically happened to my wife.
>> not much. it wasn't a subject that we talk about. >> what would she say about her? >> that she left when diane was young. she didn't like bringing it up. >> was it something that she just kind of didn't deal with? >> it seemed like it bothered her. she wouldn't talk about it. and i never push, push. >> she was the girl of the house, and everyone said that diane did everything. >> did you ever meet her mother? >> no. someone said she was at the funeral, at the wake, but i never met her. i have -- only things i knew that she didn't have contact with her. >> do you know why she left the father? >> the -- i don't know why she left the dad, no. i really don't. diane wasn't like that. she didn't go, like, pity me, feel sorry for me. but i would imagine that had a big impact on her. that she was going to be totally there for her kids and never
leave them and that's why we find it so ironic. >> can you give a more detailed description of what happened before she went out on the trip home? what you had to eat together, what conversation? >> right from the moment you woke up. >> i woke up at 6:00, went down to my boat to clean it out, do what i got to do, came back about quarter till 7:00. 7:00, i woke her up, saying i have to start cleaning the camper so we can start getting home before traffic. she woke up. started packing the bags slowly. started waking the kids up slowly. started getting the kids dressed. we unloaded the camper, all the bags outside the camper. and i walk them to the car and we load them up. we had a cup of coffee. two cups of coffee and then we left. >> do you remember your last words? >> yes, i kissed everyone good-bye and my wife. >> thank you.
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said good-bye to all the kids. she hopped in her car, i hopped in mine. we went on our way. >> we received a phone call at 9:00 a.m. from emma hance's oldest daughter, everything was good, had a great time, they were looking forward to coming home. >> danny was parked up in front and he had the dogs and he had the trucks. and she was right behind him in the van. and the kids were just yelling. they were all strapped in their seats and yelling what a good time they had because they were up visiting with aunt, you know, diane and so forth. so i kind of leaned and i said, oh, i hear you yelling. i said, you have a good time? they go, yeah, we're coming back. you know, they were so excited about coming back. and that was about the last thing they said. i said to diane, have a safe trip home. she certainly seemed sober to me.
♪ >> we left the campground, we left together. i followed her out. then i got on the parkway and i went home with my dog and the laundry and she stopped off at the stores to get gas, to get the kids breakfast. and i just went home. ♪ >> the morning they left, that sunday, he stated that they left approximately the same time. diane left with all the kids in the minivan, and he left with
the dog. and he stated that diane was stopping at a mcdonald's not far from the campground. >> the hance family agreed it was preplanned that he would take the pickup truck with the dog, obviously can't put the kids in the back of the pickup truck, and they borrowed the minivan from the aunts for the very purpose of transporting the very children. ♪ >> investigators from the liberty station were able to obtain a video from the mcdonald's which was timestamped. showed diane vchuler enter mcdonald's with the children. we additionally interviewed the mcdonald's employee who served her. he said he did remember her and did not remember her being intoxicated or smelling of alcohol.
the children were playing in the playground. they seemed to be having a good time. through this video, we saw no obvious signs of intoxication. ♪ >> there's the sunoco video where you see her at the pump bet getting out of the car. she goes in at the gas station then she goes in and apparently asks for some sort of pain meds which they don't have. >> she walked in, spoke to the clerk. we don't know what was said. there's no audio. and walked out with nothing. again, there was no obvious signs of intoxication at this time.
>> look down more. >> a human face. >> eye, mouth. >> i see it. >> can you find the deer? >> buffalo, possum, ape, horse, dog. >> what does this do for your eyes, bry? makes them strong, right? >> this is the picture that they took at the campsite on saturday. it's really hard to look at, but you can see how much fun they're having, because bryan being as shy as he is, erin with her ball, emma, ali, and kate. that would be typical of diane, like, everyone on a rock, pose.
diane, when she asked me to be a god mother to erin, i was like, oh my god, she really doesn't like me, you know, i was so thrilled. ♪ >> i mean, warren and jacques, i think their grief is so bad. >> to jacques, the kids were her job. that's what she did. schedule of soccer, dance, this, that, times three, running all around. >> i can't imagine anyone in her family thinks diane was drunk. as a parent, like, you have the tiny bit of doubt, if human, i would have a tiny bit of doubt, human. but when jacques reflects back,
i don't want to speak for them, but her and diane were, like, best friends. but are they choosing to speak out about it? no. >> he's coming up to my house. this is 7:15 in the morning. he goes, going to yorktown heights today. my sister's house. what surprise will it be for dinner? lol. that's the day he died. that morning i remember, i remember my brother's voice on that phone saying to me said, okay, we're going to just have spaghetti and meatballs. i had the table set and i remember him saying, okay, it's all right, you know, i'll be there.
it's sort of there's no closure at that point because you don't get to say good-bye. you know? >> i mean, like, i know he knows we all loved him. i loved my brother. they know that. but we didn't get to tell them. you know, we didn't get to have that closure with them, and that bothers me. then it also, like i said, bothered me because they never made it home. they should have made it home that day. and they didn't. >> it was a shock. it was really a shock. i mean, when the phone call came in and from that day forward. he was healthy. he was just -- he retired. he was really just out to enjoy himself. i feel his life was cut short. he was really -- i think he had a lot more life to live.
>> bryan's my main priority right now. done? being a single parent is hard. trying to do the right thing for him. give him a normal life, as we possibly can. definitely changed. i do security work. i work nights. so i'm up at 6:00, i'm in bed by 1:00. >> does bryan ask a lot about his mom? >> we talk a lot about his mom. mommy took me here. mommy brought me that.
likes to play here with mommy all the time. >> does bryan get any kind of special support or counseling? >> no, yeah, the school's excellent. he's doing really good in school. and everything is somewhat back to normal. if he wants to talk about it, he will, you know? >> i have tried to poke and prod and things i'm curious, and he said mommy's head hurt, she couldn't see. i said, oh, bryan, i said -- jay, i told you, her head hurt, she couldn't see. i said, oh, and that's when the crash happened. and he said, i flew out of the car like superman. since he came home from rehab, and i started spending my days with him, the story's never changed. never, ever changed. mommy's head hurt, she couldn't see.
♪ >> diane called and said we're running a little late because the girls had play practice. and we had a great time, everything's great. all laughing, kidding around. and diane said, all right, they told you about the play. the play, get me two tickets. i think erin will sit on my lap. then they said, okay, we'll see you soon. >> we were traveling back on the thruway heading south. we were driving in the center lane and the vehicle came up rather quickly in the right lane and moved into the center lane, moved back into the right lane and continued to make a series of movements changing lanes rather aggressively. we both looked and we saw a
woman grasping on to the steering wheel, appearing to concentrate as she was driving. and the last movement it made it made from the right lane and it kind of cut off a car in the middle lane and the car of the truck actually swerved out of the way to avoid it. but each time it made the movement, it did it -- the vehicle was kind of -- it was very precise. it would move into the lane, it would move out of the lane, and it was done with some degree of precision. and there came a point in time where we actually could see children's heads kind of swaying back and forth as the vehicle moved. ♪
>> coming down the thruway going to the rest area, i thought we passed her. she pulled out and got right behind us. she was so close to me i could see her headlights. the next thing you know, you started hearing the horn beeping. >> it made me nervous. in fact, i braced myself for an accident because i thought she was so close behind us. >> the way she was driving i thought she was, you know, just some sort of nut coming behind me and then when she tried to pass me again on the shoulder, that's when i really thought it. and then she just pulled right back in behind me. [ horn honking ] >> the honking happened as we were getting off the exit for the thruway into the rest area. we stayed straight which went into the car lane, and she veered off into the truck area. and i did see her open the door, get out of the car, and possibly she was going to get sick to her stomach. >> what made you think that?
>> she was kind of bent over a little. my husband and i then walked into the rest area and she wasn't there when we came out again. it was 12:30 p.m. >> if you had a do-over, what would you do? >> i would have confronted her. you know, then we probably would have seen those kids in the car r. we probably would have seen that there was, you know, there was something wrong, you know? >> how do you, as an investigator, explain the toxicology report with high levels of marijuana in diane's system? how do you explain that? >> i can't explain. we're in los angeles with the bing it on challenge to show google users what they've been missing on bing. let's bing it on. [fight bell: ding, ding] how many here are google users? what if i was to tell you that you would actually like bing way more than google when it came to the results? prove it. let's look up some taco places. i like the left side. yeah? okay, do we need to find out
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going to first grade. i can't remember her just not being there. >> you would hang out with her at school and you had the best time ever because she was the class clown, then you wanted her to come to your house because she was always fun. she always made you laugh. >> i moved to ft. park in fourth grade. that's when i got involved with the whole group of girls. we were definitely, i wouldn't say crazy, but we were loud. we were fun. you know, we liked the attention. i was most spirited. diane got loudest in our class. i mean, senior superlative, she got seven of them. she was loudest, most fun to be around. class clown. actually someone that didn't like to be in the spotlight, she was in spotlight because she had just such a big personality. diane always had a good head on her shoulders and, you know, was very responsible from an early age. she lived with her father and her brothers and, you know, she was, like, the woman of the
house. she had to clean the kitchen, you knows, she had to do wash, you know, somebody's got to take on the motherly role so to speak. you know, she definitely did it well. >> she really never dated while we were younger, and i think because she never really had that companionship growing up, or, you know, never had a boyfriend or anything. so when she met danny, like, she was going to experience everything that, you know, we all had a chance to experience. >> that was her first love and i think she knew that, you know, it was going to be her only love. >> mr. schuler? >> can you explain the bottle of vodka? >> the state police stated that there was a bottle of absolut vodka in the van. do you know where that came from? whose it was? no explaining? >> no, i don't. >> daniel, how do you explain the vodka? >> we usually would keep it in
our camper throughout the whole season. one bottle. >> why? why? >> you have pina coladas. >> sitting by a campfire, cooking marshmallows. >> what was the vodka bottle doing in the car? >> my wife packed all the bags that day in the camper and leaves them by the door. i carry them from the camper to the trucks. i'm very surprised that the vodka bottle was in there. i had no idea. >> does it give you pause to think that maybe, just maybe, she was a drinker and you didn't know it? >> i've been with her 13 years. absolutely not. >> daniel, why appear here? why keep on doing this? >> the truth -- truth will come out. >> but larry, you have to understand, danny doesn't want the other families to think that a drunk driver killed their families. that's why we are out to prove that she -- try to prove that she wasn't drunk.
>> diane schuler, i pray for her like i do my father and brother and those children. the family that's still alive, i'm still working on. even the lies about the bottle. it's not our bottle. oh, yeah, we ckept the bottle u at the camp. we brought it back and forth. the stories just kept changing. they just kept changing. like i said, if you just come forward and say, i'm sorry, she made a mistake, you could accept that. >> right. >> but to have to keep lying and try to cover up -- why? what are you trying to cover up? what happened? >> i would say to him, what transpired between you and your wife, right -- >> that pushed her. >> right, that pushed her. then i'd say to him, you know, what's with the denial? you denying this is enabling other people to do the same thing. i mean, the right thing to do is to admit, you know, my wife was drunk. don't let this happen to your family.
>> here you go. doctor, may 25th. ♪ >> someone is gone. it was a deep, deep wish to find a way to remember them, which in a way is the silver lining to the loss that people experience. in forensic psychiatric autopsy what we do is attempt to piece together the state of mind and who the person was at the time of the events in question.
people are seeking to preserve her memory. at the same time, they want to find out what actually happened, because it's such a tragedy and such a mystery. and right now they are constricted. the choices they have is to either accept her as someone who was bad, which they cannot, because she wasn't bad, in their relationships. or to be able to -- or they're focusing on some medical event for which there's no evidence in autopsy. the problem is when someone is being demonized, the tendency by those who remember that person is to try to make them into a saint. >> do you want to show a nice photo album daddy made you? >> i got it. >> you want to show her? >> that's sister. >> you want to show the picture of you and mommy upstate?
>> mommy. >> and then the one of mommy and daddy. >> he was madly in love with her. and i said he met the right girl finally. she was lovely. she was so motherly. you know, i mean, i spoiled my son, danny, and she spoiled him. >> she would call him -- >> she called him. she was the boss. she made all the decisions and danny was like her oldest child, you know, and he -- he loved diane. diane, like i said, made all the decisions and he was like her oldest boy. yeah. diane, she was an amazing woman.
she worked her way up. she was an extremely smart woman. >> run for office. >> she had her own secretary. they loved her dear. she has a lot of friends in cablevision. a lot of friends. >> she was very capable. >> uh-huh. >> she seemed to be very good at whatever she attempted. i mean, she was very good at her job. she was a take charge person, too. you know, something came on, oh, this person's going to have a baby, oh, all right, okay, you go out and again this, we'll go do that. you get this, and we'll get together. it's just the way she was. >> everything was ironed and down to, like, the littlest thing, like her pants were ironed, her shirts for ironed, this was ironed. the kids' clothes were ironed. i'm like, when do you do this?
>> she made me a book with all the little pictures of the children. she had to put the kids to bed, she'd work on it every night. and then she was starting another one for me. the end. i said, diane, where do you get the time? because by the time she would leave my house and get home, it was 7:00 in the evening. but then she'd feed them dinner. then she would bathe them. then she would take bryan and read his book to him then put him into bed. then she would color with -- pick up little erin and read her a book. and would carry her in to bed. then she found time to work on these little books. and then danny would come home, she'd have a snack with danny. but then she's back up again in the morning.
i really -- she'd fold a lot of laundry in the meantime. what are you up all night or what? you know? to be so organized. you know? >> she made it look easy, and they worked opposite schedules, her and danny. you know, which, you know, could be stressful. but she didn't make it seem that way. bryan and erin, my erin, started preschool together. and we would see each other on a daily basis. i was the second parent there every day, and she was the first. and she came from babylon. i live right around the block from the preschool. she was not only on time, the kids were dressed impeccably. there was never, like, a stain on their shirt or tooth paste on the corner of their mouth, a hair out of place. very on top of things. she chaperoned for school trips. she put herself on a list to donate things for school parties and everything. she did it all.
you know, and she worked full time. so. >> so do you think she was, like, the supermom think she was like the super mom, i think it drove her to be, definitely laid the groundwork for what type of mother, you know, she was going to be. >> how do you as an investigator explain the toxicology report with high levels of marijuana in diane 'system? how do you explain that? >> i can't explain it. what i will tell you is what we are doing, is i wanted to determine if those results are correct. >> the schuler family has been trying to raise the money among the family to pay for the additional tests that need to be done to try and clear diane's name. >> daniel schuler and the schuler family felt so convinced in diane's reputation and her background, which is substantiated so far by our investigation that they went out and they paid out of their good
money for a private investigation firm to come in and look at this, and take it where it leads it. >> all i know is when i got -- when this first happened and we got dominick and dominick gave us tom, i'm like, all right, this guy is going to save the day. he's going to save the day, he's going to find out what happened to her, he was totally like you're right, she wasn't drunk. he's like, it just doesn't make sense. everyone i spoke to, and everyone was like, we've got to get this done, i'm getting the samples, getting this, getting that, and we're going to need more money. $10,000, then $30,000, we don't have this money. we're taking it from -- borrowing from peter to pay paul. diane was the breadwinner. i convinced everyone, tom will do it, and nothing was done. nothing was done. how do you do that to people? >> have you spoken to them at all? >>.
>> no. >> what happened there? >> don't know. as soon as we paid him, he disappeared. what was ruskin's job? what was he hired to do? >> ruskin was hired to go out there, finding out things, collect information. i use him on two prior cases, and he had done a good job. i don't know what happened here. >> i picked up the newspapers every day, and i was -- with great chagrin, where is he going? i don't understand. we put our point out there. now let's wait and see what happens. every day there was something new in the paper.
i just wanted ruskin to come under control. >> have you interviewed him yet? >> we have been trying to set that up. hi, tom. >> hi, how are you doing? >> i'm okay. how are you doing? >> good. just a bit busy. when i was speaking to my people, my agent, mike attorney, they said 20, 25,000, otherwise, you know, it's just not worth your time. >> it's not even in the ballpark of what documentaries, you know, right. >> we wouldn't supply the test results, we would not supply the pictures and video. it's not worth getting it out of archive where we stored it, running around, spending our time doing that, versus working for a client for tens of thousands a day. >> um-hmm.
>> we've asked for these for a year. she was on -- she got hydrocodone. that's the dentist. >> she would always do this, i noticed. always -- >> rubbing the side? >> yeah. >> a tooth was bothering her? inch here she had the root canal. then they went to go in and do more. she really would not get that finished. it was too -- she just hated it, right? >> yeah. too much pain. >> then an all exam, no cleaning, so obviously still having pain. was that the way it was going?
>> 7/31/08, a year before. maybe that was the same tooth that she never got worked on. this is the one she went and she left. they said she left the dental office in the middle of it. all we wanted was a starting point of what happened to her. because if she stopped for advil or a tylenol or something, something was bothering her. it was big. yeah, i feel like i can look over these all the time, but will just come to conclusions in my head. at approximately 1:00 p.m., diane called jackie, this is the phone called where she sounded disoriented. >> he basically stated she didn't sound like herself.
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