8 Die in Crash on Taconic State Parkway #2

[twinkiesmom]

Quote:
Originally Posted by Fairy1
Of course, everyone is entitled to their own opinions, but let's please stick to the case. It's emotional and frustrating, but surely we can be respectful to one another.

That said, I do want to point out that Diane was not a petite woman. I'm no expert, so I don't know how body weight factors into BAC results, but it may be worth taking into consideration when reviewing the tox reports.

I thought that too. I don't presume to be a doctor, and don't pretend to be one on the internet. After reading the autopsy results, I would expect to see some deficiencies in her kidney, liver, or pancreas if Diane was a alcoholic. Yet the autopsy indicated her organs were unremarkable.

OTOH, alcohol is basically empty calories - so if she happened to be a closet alcoholic, it could be the reason for the additional weight. I don't know what her eating habits were, so I'm merely speculating.

In any case, I do believe the reason for the accident is due to her drinking/pot smoking,

MOO

Mel

She was ~200 pounds...that doesn't buy her an extra 10 drinks to get a buzz on.

Her organs may have been unremarkable because she was a relatively young woman (36) or that her drinking problem was not decades old. If she was drinking at night, her body's repair mechanisms would be mitigating the damage during the day. If she stopped drinking during her 2 pregnancies and breast feeding, that would have give her liver time to regenerate. If she had a chronic drinking problem, I suspect it was less than 2 years' duration given the age of her youngest.

Well less than 50% of chronic heavy drinkers develop cirrhosis, so liver damage is not a certainty.
http://www.hopkins-gi.org/GDL_Disea...DL_DC_ID=9AA60584-3607-4D15-A459-BD3F67A3A4A7

Since the liver is responsible for metabolizing fat, her evident bloat could well be evidence that her liver was otherwise occupied (e.g., getting rid of alcohol).

 

[Peazzzer]

Yes! Please do check on it, because that friend was me. I am so ashamed that I let one person get to me so bad that I tried to take my life. I was in the hospital for 3 days-they said I was up and had been talking but I DONT remember any of it. The thought of the people I could have killed, the loved ones I hurt, the pain I caused. I didnt black out until I was manhandled and was jeered at by a policeMAN who stripped my clothes off, I have witnesses to that and someone from the hospital contacted mental health to check on me or I would have laid naked in jail and maybe never snapped out of it. I was charged with a DUI, went through all of that and never had a moving violation. I plead guilty, but should have plead legally dead. But for the grace of God go I. I apologise for saying it was a freind, I would not come here w such a story and lie about the facts- I was just too ashamed. Thats what the doc said to me about the xanax, it never showed up at all, too fast acting and .5 booze, and IM not a big girl. My gag reflex was gone, I was too embarressed to ask what they did, I had no iv and am assuming I didnt have alcohol poisoning, here I am. I dont drink and I stopped taking xanax- after all of this, I was subscribed xanax BARS. My oldest son had shot himself in front of me and lost 80 per cent of his face, going thru an accrimonious divorce, forecloser, my daughter diagnosed w cancer on and on, still no excuse for possibly hitting someone. Whew. - @ So, I think Diane blacked out as a result of stress and drinking, which is an early symptom of alcholism. Weed vodka, she was self medicating. I could have very well been in her shoes.

 

[Peazzzer]

In chronic drinkers, the esophogus appears to be lacey looking, all holey. Chronic drinkers can go days, weeks or months without drinking and then binge. The binge can be days long, or maybe limited to just weekend drinking but alway drinking until drunk. It varies. I imagine more info would be found on an aa website.

 

[LondonMum]

I recently viewed the HBO documentary on this case and was left wondering why this terrible accident happened. There seem to be so many contradictory stories, ideas, and views. When one watches the program, it makes one wonder why the family of Ms. Schuler would have cooperated in its filming because it seems not to paint her or her husband in a very good light. Despite his protestations, a toxicology report that says his wife was intoxicated and using marijuana, is hard to overcome especially when it has been run twice. Just repeating over and over that it can't be true is not exactly convincing.

I understand there is a book on this subject and I wonder if it has been reviewed by those on this thread. Is it helpful? Please excuse me for not having read all that has been posted, but I am new to this website and also somewhat new to this case.

Does anyone know why everyone involved with this case is suing everyone else and can you suggest some sites that might bring me up to speed, or is this pretty much a settled issue? The fact that a book has been published I guess suggests that there are still a lot of questions. I will try to go back and read as many of the posts as I can, but would appreciate some help.

Linda

 

[Nova]

IIRC--big "IF"--Dan Schuler participated in the documentary because the filmmakers were to have arranged and paid for the exhumation of Diane and a new autopsy. They were ultimately prevented from doing so by legal reasons I have never seen explained.

Does anyone know?

 

[rpd113]

Does anyone know why everyone involved with this case is suing everyone else and can you suggest some sites that might bring me up to speed, or is this pretty much a settled issue? The fact that a book has been published I guess suggests that there are still a lot of questions. I will try to go back and read as many of the posts as I can, but would appreciate some help.

Linda

Welcome! There was a good article on the case in New York Magazine.

http://nymag.com/news/features/62043/

But if I were you, I'd just read through this thread. Terrific info and theories.

 

[twinkiesmom]

IIRC--big "IF"--Dan Schuler participated in the documentary because the filmmakers were to have arranged and paid for the exhumation of Diane and a new autopsy. They were ultimately prevented from doing so by legal reasons I have never seen explained.

Does anyone know?

He was paid $100K for his participation...I believe that money is in trust for Bryan (which shelters it from the lawsuits).

http://www.nypost.com/p/news/local/celluloid_zeros_fVKeVSoc1EF4yyJmo910FK

 

[BuzzieCat]

I have never heard anything more about it. I assumed the exhumation never took place. After Nova posted the question about it, I searched around on the Internet and couldn't find a thing about whether or not it had been done or any legalities or anything. Just articles stating that "Moxie Firecracker Films" had agreed to pay for filming the exhumation. Nothing after that.

 

[twinkiesmom]

Yes! Please do check on it, because that friend was me. I am so ashamed that I let one person get to me so bad that I tried to take my life. I was in the hospital for 3 days-they said I was up and had been talking but I DONT remember any of it. The thought of the people I could have killed, the loved ones I hurt, the pain I caused. I didnt black out until I was manhandled and was jeered at by a policeMAN who stripped my clothes off, I have witnesses to that and someone from the hospital contacted mental health to check on me or I would have laid naked in jail and maybe never snapped out of it. I was charged with a DUI, went through all of that and never had a moving violation. I plead guilty, but should have plead legally dead. But for the grace of God go I. I apologise for saying it was a freind, I would not come here w such a story and lie about the facts- I was just too ashamed. Thats what the doc said to me about the xanax, it never showed up at all, too fast acting and .5 booze, and IM not a big girl. My gag reflex was gone, I was too embarressed to ask what they did, I had no iv and am assuming I didnt have alcohol poisoning, here I am. I dont drink and I stopped taking xanax- after all of this, I was subscribed xanax BARS. My oldest son had shot himself in front of me and lost 80 per cent of his face, going thru an accrimonious divorce, forecloser, my daughter diagnosed w cancer on and on, still no excuse for possibly hitting someone. Whew. - @ So, I think Diane blacked out as a result of stress and drinking, which is an early symptom of alcholism. Weed vodka, she was self medicating. I could have very well been in her shoes.

I'm having trouble following your train of thought, but there's a good reason not to take Xanax with alcohol....Both are central nervous system depressants. They interact with each other, and one potentiates the other. Taking the two together will cause significantly more intoxication than either by themselves. You should never take them together....It is specifically forbidden on the label.

 

[Nova]

He was paid $100K for his participation...I believe that money is in trust for Bryan (which shelters it from the lawsuits).

http://www.nypost.com/p/news/local/celluloid_zeros_fVKeVSoc1EF4yyJmo910FK

Thank you, tm. I knew that once upon a time, but I've obviously reached a point where I've forgotten more than I know about this case.

That being said, I do believe there are a couple of moments in the doc where it is suggested they expect the film to end with an exhumation and re-autopsy. Then near the end we are told this wasn't allowed, but they don't really explain why.

I've wondered whether Diane's brother(s) got a judge to stop the exhumation, but this is total speculation on my part. I thought it should have been explained better in the film.

 

[Nova]

I'm having trouble following your train of thought, but there's a good reason not to take Xanax with alcohol....Both are central nervous system depressants. They interact with each other, and one potentiates the other. Taking the two together will cause significantly more intoxication than either by themselves. You should never take them together....It is specifically forbidden on the label.

I'm afraid I can attest to this from personal experience. (No, I never drink and drive, with or without xanax.)

 

[BuzzieCat]

It was more than a year ago that reports came out about the exhumation going forward, and there's been nothing that I know of since then. I sure would like to know what happened about that.

 

[twinkiesmom]

It was more than a year ago that reports came out about the exhumation going forward, and there's been nothing that I know of since then. I sure would like to know what happened about that.

If the documentary filmmakers were paying for the exhumation, then why was Jay complaining about Danny asking for money for it? My guess is he was unable to raise the necessary funds for the exhumation/reautopsy...I can't see any legal reason why a next of kin couldn't request an exhumation for a second autopsy.

 

[Nova]

If the documentary filmmakers were paying for the exhumation, then why was Jay complaining about Danny asking for money for it? My guess is he was unable to raise the necessary funds for the exhumation/reautopsy...I can't see any legal reason why a next of kin couldn't request an exhumation for a second autopsy.

I don't remember Jay complaining about that, but as always, I trust your memory.

I don't know New York's laws about exhumations. I assume there are some restrictions or you'd have people with weird fetishes digging up their relatives for every anniversary.

Perhaps more likely, another of Diane's relatives may have asked a judge to block the exhumation on the ground that it would inflict needless emotional pain on her survivors. That is what the Hances have claimed all along.

 

[BuzzieCat]

It's all very strange. Why would this filming company give Danny money to be allowed to film the exhumation since they apparently haven't received what they paid for? Would the Hances have legal standing to halt an exhumation? IANAL but would assume Danny would be next of kin legally since they were married at the time of her death. I imagine he would have to apply for permission as it's probably against the law to just go out there and start digging. I also wonder what value a re-autopsy would have at this stage as far as getting accurate alcohol levels and so forth.

 

[twinkiesmom]

I don't remember Jay complaining about that, but as always, I trust your memory.

I don't know New York's laws about exhumations. I assume there are some restrictions or you'd have people with weird fetishes digging up their relatives for every anniversary.

Perhaps more likely, another of Diane's relatives may have asked a judge to block the exhumation on the ground that it would inflict needless emotional pain on her survivors. That is what the Hances have claimed all along.

Re: your last point...I don't think so...Danny and Bryan are her next of kin...They would not need the brother's signature.

I just pulled up the documentary...at 45:48, Ruskin tells Larry King that the Schuler family is trying to raise the funds for the exhumation.

46:54...Aunt Jay claiming that the demand for money for the investigation (10,000 here, 30,000 there)...we just don't have it.

At the end of the documentary, there is text showing that Danny is having trouble securing the necessary permissions for exhumation.

My personal opinion is the missing permission is from a licensed medical examiner under contract ($$) to carry out the second autopsy. The local authorities aren't going to allow an exhumation for no reason.

If the documentary filmmakers were going to pay for an exhumation and reautopsy, they wouldn't have gone to the trouble of conducting the DNA test on her clothing...It was a cheaper way to ensure the samples tested were Diane's...The filmmakers don't have any doubts about the cause of the accident.

 

[twinkiesmom]

It's all very strange. Why would this filming company give Danny money to be allowed to film the exhumation since they apparently haven't received what they paid for? Would the Hances have legal standing to halt an exhumation? IANAL but would assume Danny would be next of kin legally since they were married at the time of her death. I imagine he would have to apply for permission as it's probably against the law to just go out there and start digging. I also wonder what value a re-autopsy would have at this stage as far as getting accurate alcohol levels and so forth.

If you watch the end of the documentary (in which Jay is talking with Ruskin on the phone), it's clear that the Schulers DID get what they paid for. Ruskin met with Barbera and Danny, and Aunt Jay knew about the meeting but was told to stay home. The results of the retesting were just another family secret IMHO.

 

[BuzzieCat]

I haven't watched the documentary - I guess I need to do that. But that aside, I thought that the film company was paying Dan Schuler for the privilege of being allowed to film the exhumation. That was more than a year ago and there's been no exhumation for them to film, so they haven't gotten what they paid Dan for. Unless I am misunderstanding what they paid him for? I'm probably being really blockheaded. Please be patient with me!

 

[twinkiesmom]

I haven't watched the documentary - I guess I need to do that. But that aside, I thought that the film company was paying Dan Schuler for the privilege of being allowed to film the exhumation. That was more than a year ago and there's been no exhumation for them to film, so they haven't gotten what they paid Dan for. Unless I am misunderstanding what they paid him for? I'm probably being really blockheaded. Please be patient with me!

I just rewatched the entire documentary. There was no promise that the filmmakers would pay to exhume or reautopsy....otherwise it would have been on film! Nor was there any assurance in the documentary that the Schulers had collected enough money for exhumation/reautopsy and it wasn't done.

The filmmakers also weren't willing to pay Ruskin to appear on screen....Instead they had Aunt Jay call him on the phone and film the phone call.

What the Schulers paid for was Ruskin's investigation. Ruskin contracted for a lab to retest the samples. The samples were also DNA tested against samples obtained from clothes in Diane's closet that she had worn. They filmed the collection of clothes...It's not clear whether Schuler money or filmmaker money was used to pay for the DNA test (but that's a cheap test compared with an expert reautopsy after exhumation).

There was a cat and mouse game during the film as to whether Ruskin had provided the results of the retesting to the Schulers. On the phone, Ruskin claims to have already provided the information to Danny and Barbera....Jay knew of that meeting but was told to stay home...she was under the impression that the results were being withheld and was very confused. In my mind, this is all gamesmanship for the cameras because they didn't have the drama of the casket raising. I also think it's to Danny's benefit that Jay believes Diane is an innocent victim who needs her help raising Bryan. One of the last scenes was Jay promising to Diane's headstone that she would be there for Bryan.

By media accounts, the filmmakers put money in trust for Bryan as payment for Schuler participation in the film.

 

[BuzzieCat]

Okay, so the movie company just paid Dan for the documentary, even though it didn't end up having an exhumation in it. I thought the exhumation was a separate deal from the documentary. Thank you.

I hadn't been going to watch that documentary, but I accidentally came across the pictures from it (shudder) last night so I guess I might as well watch it.