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  1. #871
    I also found it interesting that Dominick Barbara appeared in this documentary after what happened between he and the Schuler's, unless it was filmed before this report. I find it also interesting that they all bad mouth Tom Ruskin, who aside from being a lying convicted felon, did state publicly that he told Daniel Schuler in April 2010 about the second set of test results, yet Daniel claims that Ruskin just “dissappeared” and that he had no idea about the results of the second set of tests.

    http://articles.nydailynews.com/2011...-thomas-ruskin

    March 16 2011

    The Nassau County district attorney is probing flamboyant lawyer Dominick Barbara for swiping $56,000 from the husband of the Taconic Parkway wrong-way driver, the Daily News has learned.

    Although the high-profile attorney claimed he took the case pro bono, The News was told Barbara pocketed money due Daniel Schuler from his dead wife's $100,000 life insurance policy - plus another $10,000 Schuler gave him.
    Last edited by JBean; 08-19-2011 at 09:20 PM. Reason: copyright


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  3. #872
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    Quote Originally Posted by voxrock2000 View Post
    I find it also interesting that they all bad mouth Tom Ruskin, who aside from being a lying convicted felon, did state publicly that he told Daniel Schuler in April 2010 about the second set of test results, yet Daniel claims that Ruskin just “dissappeared” and that he had no idea about the results of the second set of tests.
    I got the feeling when watching the documentary that Jay and especially Danny chose not to follow up with Ruskin because they knew he wouldn't tell them what they wanted to hear. "He disappeared," on the other hand, makes them look like the victims and prolongs the drama.

    Ruskin says he gave Dominic Barbara access to the info and tried to give it to Jay; Jay says Barbara told her not to take Ruskin's call, etc. The whole thing was crazy -- but it was pretty clear to me that Danny and Jay did not turn over every stone possible there.

    Now this thing about Ruskin telling Danny the results in April 2010. I tend to believe it, based on how squirrely Danny looked when asked if he had heard from Ruskin. It would be another in a long string of inconsistencies/lies.


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  5. #873
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    Quote Originally Posted by Nova View Post
    So, have all the ladies agreed it was really the husband's fault?

    (ducking)
    geesh! That's whay u got out of all my work? LOL. I am placing no blame on Daniel for Diane's actions. None whatsoever. Anyone that gets behind the wheel of a car impaired is at fault.
    I AM however not liking him for his recent lawsuit against all innocent people! It's his wife's fault and that should be the end of the story.
    It's just MOO. I could be wrong. Wouldn't be the first time and it surely won't be the last!

    Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity. ~ Martin Luther King, Jr.




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  7. #874
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    Quote Originally Posted by voxrock2000 View Post
    It was telling that her cell phone was in the name Hance, as well as her voicemail saying Diane Hance. This was after being with Danny for 13 years and married for '6 or 7 years'? This suggests she did not take him too seriously as a husband to say your name as Hance on your voicemail and that her loyalty was with her family and her father, whose surname name it is. In fact, it was Warren and his father who went out looking for her that day, Danny was home with his dog.
    Yeah, the whole VM thing with her maiden name was definitely a bit odd, but maybe she kept it as her work phone and never changed her name? I knew someone who did that. Definitely kinda cold, though...
    It's just MOO. I could be wrong. Wouldn't be the first time and it surely won't be the last!

    Nothing in all the world is more dangerous than sincere ignorance and conscientious stupidity. ~ Martin Luther King, Jr.




  8. #875
    Quote Originally Posted by robinparten View Post
    Overall, the theory I am most comfortable with is that Diane was self-medicating due to some physical ailment, and she crossed the line into impairment, and ultimately into a blackout. I absolutely do not believe she intended to commit suicide and murder that day, it happened as a consequence of the horrible choices she made to drink and smoke.
    I can't be convinced of any potential physical ailment. Danny right from the start has always said she was fine that morning. The mentions of the toothache came up later, once spin-doctor Dominic Barbara comes on the scene and starts inventing things. In fact, When Daniel Schuler was on Larry King and he asked about the toothache, Danny stated that Dominic Barbara 'knows more about that then me'. At the press conference Barbara brought up all these fantasy medical issues with no evidence whatsoever; the toothache, the lump on her leg that was moving, the stroke, the Anbesol theory... never mentioned in teh HBO show and ruled out during autopsy.

    There is only one piece of ‘evidence’ the Schuler's hang all their explanations on. The supposed ‘fact’ that she asked for tylenol at the Sunoco station. Lets explore this for a moment. Aside from the fact that there are many stores along that stretch of road where she could have stopped aside from that gas station.

    It is a fact that the police did not interview the Sunoco clerk. The raw video shows all the frames from all the cameras at once. Keep your eye on the clerk, it is clear he did not look up when she walked in, nor did he look at her when they spoke for 1/2 second. According to the timestamps on the video, she is in the store for 12 seconds. The only person who ever claimed she asked for pain medication was Tom Ruskin, who spoke to him on August 14, twenty days after the accident. I repeat, the Sunoco clerk was never interviewed by the police. There is no evidence whatsoever that she was looking for tylenol, none. Its all part of the spin. Even if she was, who is to say it wasn’t for one of the kids? It looked more like she was looking for a bathroom, not at any products on display in the store.

    Page 14 of the Police Report inclues the following:

    “Private Investigator Thomas Ruskin stated that he obtained a video of Diane at a gas station in Liberty. Ruskin turned over a copy of this video which was secured at the BCI Evidence Locker Item #4″

    “Investigator Daniel Quinones later attempted to interview the clerk a the Sunoco. The clerk (one word blacked out) refused to speak to the State Police.”

    Ruskin must have scared this guy by getting to him first. Probably said, if you knew she was reeking of booze and let her drive away with 5 kids you will be sued, or deported or whatever. Typical witness tampering tactics. Plus 20 days later you remember what a customer you didn’t even look at asked for? Conservatively this guy works 5 days a week for 10 hours a day, so thats about 200 hours, with say 20 customers per hour, thats 4,000 customers ago and you remember she asked for tylenol?

    So there you have it, the only person saying she was looking for tylenol is a convicted felon hired by Schuler and his disbarred spin lawyer. Factor in the fact that Danny and Jay said she never even mentioned she had a toothache and the dental records mentioned a root canal 4 years ago and what do you have?

    Also, Ruskin is the one who obtained the McDonalds video, it was never shown in public though a sinlge black and white still shot was. The statement from the McDonalds employee in the police report makes no mention of a manager getting involved, or any conversation at all. Ruskin didn't take part in the HBO documentary, a big show was made how they tried to talk to him but he wanted too much money. Was that really because he wanted money, or was it just part of the plan, keeping him out of the picture since he actually had the most damning evidence, the 2nd round of toxicology samples and they didn't want to talk about that. They didn't show other family members refusing to talk to them, why the big show with Ruskin? He would have had to explain the discrepancey between the official police interview at McDOnalds and his verison. The handwritten and signed statement from the McDonalds employee states. "I work at the McDonalds in Lberty NY. At approximately 9:52 a woman came in with 5 children...I was the register employee who hlepd her that day. The woman was very pleasant and did not seem to be ill or not well. The children were playing and she ordered for them.... The family atetheir food and then left. I did not notice anything out of the ordinary about the woman or children." Where is Tom Ruskins account of her making a fuss, calling over a manager and having an animated conversation and convincing them to make Chicken Selects for her son? It never happened, this is the official police statement and it makes no reference to anything out of the ordinary.


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  10. #876
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    Quote Originally Posted by voxrock2000 View Post
    So there you have it, the only person saying she was looking for tylenol is a convicted felon hired by Schuler and his disbarred spin lawyer.
    Good catch. I never believed she wanted Tylenol, as she doesn't even bother to look for it, and speaks to the clerk extremely briefly. And could have easily gone elsewhere. The bathroom thing is a good thought.

    Is it a fact that no beer/booze is sold in NYC on Sundays? I wondered if she asked about that -- but then again a New York resident probably would have known either way.


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  12. #877
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    Quote Originally Posted by deelytful1 View Post
    geesh! That's whay u got out of all my work? LOL. I am placing no blame on Daniel for Diane's actions. None whatsoever. Anyone that gets behind the wheel of a car impaired is at fault.
    I AM however not liking him for his recent lawsuit against all innocent people! It's his wife's fault and that should be the end of the story.
    Sorry, deelytful, I was just joking and didn't think how that post might seem a pointed reference to you personally. I swear I didn't mean it that way.

    I know you've really done your homework on this case. You make that obvious with every post.


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  14. #878
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    Quote Originally Posted by twinkiesmom View Post
    Deelyful's analysis deserves more than a one liner. Not being a NYer, I suspected he was representing a regional culture, but couldn't put a finger on it. If it were Chicago, he would be a south sider.

    What we are seeing on the doco is classic enabling....not surprising given the nature of this crime.
    BBM: you are absolutely right. I thought I might get credit for having responded more carefully to her previous posts, but I see my error now. Thanks for speaking up about it.

    (ETA: this post seems like one that can be read as literal or sarcastic. I mean it literally.)


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  16. #879
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    Quote Originally Posted by voxrock2000 View Post
    That thought did occur to me also. I mean how long could Diane's whole family indulge her personal struggles? They must have put up with it at her wedding and other family functions if her mother did have a relationship with the rest of the family. It would take some juggling to always have to work around that issue.

    I have only seen the 1st half of the documentary but the medical records thing bugs me. First they look in her old date books and pick out a few entries that indicate a dr appointment. But they say she hated doctors and never went to them, so who is to say they were not appointments for the kids? They would need checkups and shots and things which I am sure she took care of. How did anyone get hold of her medical records? Laws are so strict that spouses can’t even see them, how did a movie crew get them? What it looks like they got to me was a printout of her pharmacy account from the local CVS or something, probably just an insurance form or summary of her account, nothing of substance that described actual medical conditions names of actual doctors or any actual medical diagnosis. They they had a few prescriptions sheets and bottle labels they probably found laying around the house. The most concrete thing they had was when Danny rubbed his cheek and said she used to do that. He was rubbing in the area of the upper jaw where most stressed out people get muscle pain from clenching their jaw, who doesn’t rub that spot to get rid of a headache or jaw muscle cramps, it could have just been a tick or habit. The autopsy showed no dental abcess and a blood test would have shown if she had a systemic infection from it..

    How many people go to the dentist for 7 years having a tooth worked on and still have pain? Find a new dentist, oh, wait, mayber her dentist was the one supplying her with all these recreation drugs like vicodin and ambien.
    Actually, I have a friend who spent at least 7 years in constant tooth pain. More than one dentist told her he couldn't see a problem in the x-rays. She finally just demanded that they remove the crown on the tooth and rebuild for a new crown. That has seemed to work. She still doesn't know what the problem was.

    I haven't lived in New York for a long time and don't know the laws. But in California, at least, drugs like vicodin and xanax are "controlled substances." Unless you find somebody really shady (Michael Jackson's doctor, for example), you have to see a doctor from time to time to get refills.

    I think the remark that Diane "never" went to the doctor was an exaggeration.

    Are we sure they looked for a dental abscess during the autopsy? I honestly don't know, but I doubt an autopsy covers every possible ailment. Unless somebody told the coroner to look for dental problems, I wonder if he would have looked. It may well be that nobody thought to mention Diane's dental pain until after they were surprised by her BAC.


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  18. #880
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    Quote Originally Posted by deelytful1 View Post
    Yeah, the whole VM thing with her maiden name was definitely a bit odd, but maybe she kept it as her work phone and never changed her name? I knew someone who did that. Definitely kinda cold, though...
    What century is this? I know lots of professional women who don't change their names when they marry.


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  20. #881
    Another interesting thing found in the police report, on page 10 it gives a witness account stating "I intereviewed ____ who stated that at approximately 1:15 pm he was travelling north on the taconic state parkway, just north of the Sprain Brook Parkway when he was cut off by a red minivan travelling north with a female operator... he later saw a picture of Diane Schuler and believes it was her operating this vehicle."

    So 15 minutes before the accident she was driving in the correct direction on the Taconic about a mile south of where the accident occurred, only to exit and re-enter at the Pleasantville Rd exit, where there were numersous witness accounts (at least 4) of people warning her as she drove the wrong way on the exit ramp onto the highway. So, it appears she drove by the site of the accident just minutes before the crash going the right way. Since there is only one exit (Rt 117) between those spots, and there are lots of backroads, lights and turns to get up to the Pleasantville exit, it seems unlkely she got off at Rt 117 and bushwacked up to the Pleasantville Road exit in only a few minutes on a Sunday afternoon, more likely she simply got off at Pleasantville Rd and immediately made a U-turn and got right back on going south.

    The police interview with Danny Schuler on July 31 states a few interesting things; he states his wife "smoked marijuana once in a while to relieve the stress of work and the kids"; so with the stress of 5 kids all weekend instead of two, would her stress level be high enough to trigger the response of smoking? He also states his wife "had no medical issues and was in good health." More telling is he says 'he drove to the campground on Thursday 7/27//09 (which we know is a lie now since he addmitted going there on Friday after the police checked his ezpass)." and that 'his wife usually took the same route home to long island, which was route 17 to interstate 87 to interstate 287 to interstate 95 to the Throgs Neck Bridge" So this suggests that they took separate cars to the campsite on a regular basis if she had a 'regular route' and he took his dog in his pickup truck. So it seems like he had the freedom to go anywhere he wanted as long as he got to the camp before she and the kids did. The real question, therefore, is where was he that Thursday night and how often was he using camping as his excuse to be somewhere else?
    Last edited by voxrock2000; 08-19-2011 at 09:37 AM.


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  22. #882
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    Quote Originally Posted by Nova View Post
    What century is this? I know lots of professional women who don't change their names when they marry.

    I think the point is that she didn't use her maiden name. Everyone referred to her as Diane Schuler. I haven't seen a single report that referred to her as Diane Hance.

    So to keep that on your voicemail for 7 years makes me . Even if she used to have it that way and "forgot" to change it, I have always had to change mine when I got a new phone, even when I stayed with the same provider. So she would have to deliberately leave her maiden name on the VM.

    It could be nothing or it could be the name she used with people Danny didn't know...or know about.
    Please help find Gerry Largay, 66, missing on the Appalachian Trail in Maine.
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  23. #883
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    Quote Originally Posted by voxrock2000 View Post
    So 15 minutes before the accident she was driving in the correct direction on the Taconic about a mile south of where the accident occurred, only to exit and re-enter at the Pleasantville Rd exit, where there were numersous witness accounts (at least 4) of people warning her as she drove the wrong way on the exit ramp onto the highway. So, it appears she drove by the site of the accident just minutes before the crash going the right way. Since there is only one exit (Rt 117) between those spots, and there are lots of backroads, lights and turns to get up to the Pleasantville exit, it seems unlkely she got off at Rt 117 and bushwacked up to the Pleasantville Road exit in only a few minutes on a Sunday afternoon, more likely she simply got off at Pleasantville Rd and immediately made a U-turn and got right back on going south.
    Good info, which could lend credence to the theory that the crash was deliberate.

    The only caveat I would issue is the witness could have been imprecise about the 1:15 timeline -- I doubt he/she looked at the clock and jotted it down when they saw Diane driving aggressively. So she may have had time to make a stop and try to get back on the Taconic and then do so incorrectly.


  24. #884
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    Quote Originally Posted by Nova View Post
    BBM: you are absolutely right. I thought I might get credit for having responded more carefully to her previous posts, but I see my error now. Thanks for speaking up about it.

    (ETA: this post seems like one that can be read as literal or sarcastic. I mean it literally.)
    I wasn't being sarcastic or literal...I meant one-liner like a joke. Deelyful obviously wasn't taking up for Diane vs. Daniel. It's not a male vs. female thing...It's a right vs. wrong thing.


  25. #885
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    Quote Originally Posted by voxrock2000 View Post
    I can't be convinced of any potential physical ailment. Danny right from the start has always said she was fine that morning. The mentions of the toothache came up later, once spin-doctor Dominic Barbara comes on the scene and starts inventing things. In fact, When Daniel Schuler was on Larry King and he asked about the toothache, Danny stated that Dominic Barbara 'knows more about that then me'. At the press conference Barbara brought up all these fantasy medical issues with no evidence whatsoever; the toothache, the lump on her leg that was moving, the stroke, the Anbesol theory... never mentioned in teh HBO show and ruled out during autopsy.
    I hear you, and I agree that I cannot be convinced of a physical ailment, but I do think it is a possibility. To me, a sudden onset of a debilitating headache/toothache etc might explain why she ingested so much so quickly, in an effort to dull the pain. However, I can also see the scenario of drinking to take the edge off, and somehow that spirals out of control. I guess the one scenario I don't see is deliberate, intentional murder/suicide.


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