8 Die in Crash on Taconic State Parkway #2

[Boytwnmom]

to exhume the body. I thought that was the deal-Dan would cooperate with filming and they would pay for exhumation and testing and put aside money for Brian. I went looking to confirm and found this:

One source told The Post that the production company, which intends to air the film on HBO, paid "more than $100,000, but not a penny for Danny or his lawyer, Dominic Barbara -- it's all for the boy."
Contacted about the movie, Barbara admitted he brokered the deal.
The company "will exhume the body and pay for all the testing to see if she suffered a stroke or not," said Barbara, who insisted that he arranged the movie deal for free.

I was thus perplexed by why it was not done. I looked at the NY statute which a person would use to petition for exhumation and which provides:

NY CLS N-PCL § 1510

(e) Removals. A body interred in a lot in a cemetery...may be removed there from, with the consent of the corporation, and the written consent of the owners of the lot, and of the surviving wife, husband, children, if of full age, and parents of the deceased. If the consent of any such person or of the corporation can not be obtained, permission by the county court of the county, or by the supreme court in the district, where the cemetery is situated, shall be sufficient. Notice of application for such permission must be given, at least eight days prior thereto, personally, or, at least sixteen days prior thereto, by mail, to the corporation or to the persons not consenting, and to every other person or corporation on whom service of notice may be required by the court.

Thus, it would seem as though Dan could petition but I have never heard of whether any petition was actually made. Just to make the Petition would not be costly. It's the actual work and testing that would be costly. Did they decide not to exhume and it just got glossed over in the movie by saying they didn't get the permission they needed even though Dan never submitted the Petition that would necessarily precede the permission?

Well, of course the filmmakers don't have legal standing to order the exhumation. If they did, some director would be digging up Jesse James every week.

But that doesn't mean they didn't help facilitate Dan's request for an exhumation with either money or legal advice.



Ah, yes, but that was said before Dan made a deal with the film company.

There's clearly an expectation in certain scenes from the doc that the exhumation will be the climax of the film; otherwise, there'd be no need to later mention that Dan was unable to get the necessary permissions. If Danny didn't get the money from somewhere, why would the filmmakers expect an exhumation in the first place?

 

[twinkiesmom]

to exhume the body. I thought that was the deal-Dan would cooperate with filming and they would pay for exhumation and testing and put aside money for Brian. I went looking to confirm and found this:



I was thus perplexed by why it was not done. I looked at the NY statute which a person would use to petition for exhumation and which provides:



Thus, it would seem as though Dan could petition but I have never heard of whether any petition was actually made. Just to make the Petition would not be costly. It's the actual work and testing that would be costly. Did they decide not to exhume and it just got glossed over in the movie by saying they didn't get the permission they needed even though Dan never submitted the Petition that would necessarily precede the permission?

If you follow the money trail, the Schulers don't have enough money to pay for an exhumation and private autopsy. Dan can scarcely afford the lifestyle he had without Diane's income. Jay mentioned working 14-hour days and then coming home to care for Bryan....She said on the doco that the Schuler family didn't have the money to pay for the work that Ruskin was doing. The filmmakers decried any role in the exhumation. Diane's life insurance is tied up with Barbara.

 

[Nova]

Well, Sheila said that the Screwdriver was her preferred drink...but some people here choose to not believe anything from the NY Post....This was published way back in Aug 6, 2009...months before the McDonald video was published showing her carrying out the large OJ.

I don't really see how anyone can deny Diane was drinking. I haven't seen anything to suggest the BAC test is problematic; but even if it is, there was also quite a bit of vodka left in her stomach. (By the time of the doc, even Jay and Dan were arguing that something extraordinary (toothache or stroke) MADE her drink, not that she wasn't drinking at all.)

 

[Nova]

to exhume the body. I thought that was the deal-Dan would cooperate with filming and they would pay for exhumation and testing and put aside money for Brian. I went looking to confirm and found this:



I was thus perplexed by why it was not done. I looked at the NY statute which a person would use to petition for exhumation and which provides:



Thus, it would seem as though Dan could petition but I have never heard of whether any petition was actually made. Just to make the Petition would not be costly. It's the actual work and testing that would be costly. Did they decide not to exhume and it just got glossed over in the movie by saying they didn't get the permission they needed even though Dan never submitted the Petition that would necessarily precede the permission?

twinkiesmom and I don't agree about this. I think the documentary says Dan was unable to get the "necessary permissions" to exhume the body. To me, this means Dan requested the exhumation (probably to be paid for by the film company), but some other member of the family objected and a court ruled against Dan's request. (Perhaps the court denied the request without an objection from another relative, but that isn't what the law seems to say (to me, a non-lawyer).)

I looked through dozens, if not more than a hundred sites, last week, however, and couldn't find one that said why the exhumation was cancelled.

 

[twinkiesmom]

I just found out that Ryan Dunn (of Jackass fame who died recenty in a firey crash) had a similar BAC to Diane's but weighed somewhat less. (I think women are more susceptible to intoxication in general.) They're now saying he consumed 11 drinks. He had a history of DUI.

http://www.thewrap.com/tv/article/ryan-dunns-bac-more-double-legal-limit-time-crash-28494

http://latimesblogs.latimes.com/gossip/2011/06/ryan-dunn-dead-drinks-porsche-crash.html

 

[twinkiesmom]

twinkiesmom and I don't agree about this. I think the documentary says Dan was unable to get the "necessary permissions" to exhume the body. To me, this means Dan requested the exhumation (probably to be paid for by the film company), but some other member of the family objected and a court ruled against Dan's request. (Perhaps the court denied the request without an objection from another relative, but that isn't what the law seems to say (to me, a non-lawyer).)

I looked through dozens, if not more than a hundred sites, last week, however, and couldn't find one that said why the exhumation was cancelled.

But there's also no site that says the exhumation was scheduled or even requested, and the Schuler/Barbara/Ruskin team was saying it would be done since 2009. The media seized on the idea that the exhumation would be filmed, even though the filmmakers denied any connection to it and put the Schuler fees in a trust fund for Brian rather than paying for the exhumation.

Part of Aunt Jay's complaining during the doco (righteously so) was the demands from the investigative team for more Schuler money to fund their investigation. By all accounts, this is a working class family that isn't rolling in bucks. Ruskin himself is quoted as saying the Schuler family could not afford the exhumation. I believe him.

They would have had to have booked a medical examiner's time before the exhumation request went in....This would not have been possible given the lack of resources.

 

[Nova]

But there's also no site that says the exhumation was scheduled or even requested, and the Schuler/Barbara/Ruskin team was saying it would be done since 2009. The media seized on the idea that the exhumation would be filmed, even though the filmmakers denied any connection to it and put the Schuler fees in a trust fund for Brian rather than paying for the exhumation.

Part of Aunt Jay's complaining during the doco (righteously so) was the demands from the investigative team for more Schuler money to fund their investigation. By all accounts, this is a working class family that isn't rolling in bucks. Ruskin himself is quoted as saying the Schuler family could not afford the exhumation. I believe him.

They would have had to have booked a medical examiner's time before the exhumation request went in....This would not have been possible given the lack of resources.

Here is the link to the quote boystwnmom provided above:

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


The NY Post article says exactly what countless other media outlets implied: that Bryan would "net" $100,000 for his family's participation in the doc, but that an additional part of the fee would consist of the film co. paying for the exhumation and re-autopsy.

Yes, I lived in New York and I understand the problems with the Post. So I do not presume that I have won the point based on a single Post article.

On the other hand, however, you have taken a single sentence in which a film co. rep says they didn't "order" the autopsy and stretched it far beyond it's original meaning. Unless you have a new quote I haven't seen, the co. never "denies any connection to the exhumation", never says it isn't giving Dan the money to have Diane exhumed and re-examined. It merely says it didn't order the procedure (which, by law, it could not do.)

The rest of your argument takes statements made at various times over several years. For some reason, you think it proves Dan Schuler never had the money to exhume Diane--and you may be right!

Nonetheless, we have numerous statements from Dan to the media saying the exhumation will take place along with a new autopsy. One has to wonder how he expected to afford that! Gee, could it be that a film company was footing the bill?

Seems the simplest explanation to me, but I recognize it remains unproven at this time.

 

[twinkiesmom]

Here is the link to the quote boystwnmom provided above:

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


The NY Post article says exactly what countless other media outlets implied: that Bryan would "net" $100,000 for his family's participation in the doc, but that an additional part of the fee would consist of the film co. paying for the exhumation and re-autopsy.

Yes, I lived in New York and I understand the problems with the Post. So I do not presume that I have won the point based on a single Post article.

On the other hand, however, you have taken a single sentence in which a film co. rep says they didn't "order" the autopsy and stretched it far beyond it's original meaning. Unless you have a new quote I haven't seen, the co. never "denies any connection to the exhumation", never says it isn't giving Dan the money to have Diane exhumed and re-examined. It merely says it didn't order the procedure (which, by law, it could not do.)

The rest of your argument takes statements made at various times over several years. For some reason, you think it proves Dan Schuler never had the money to exhume Diane--and you may be right!

Nonetheless, we have numerous statements from Dan to the media saying the exhumation will take place along with a new autopsy. One has to wonder how he expected to afford that! Gee, could it be that a film company was footing the bill?

Seems the simplest explanation to me, but I recognize it remains unproven at this time.

Quote from article:
The company "will exhume the body and pay for all the testing to see if she suffered a stroke or not," said Barbara, who insisted that he arranged the movie deal for free.

This is coming from Dan's disbarred attorney who has (allegedly) not returned all of Diane's life insurance proceeds. Not buying it.

The film company is smart enough to realize Spitz knew what he was talking about when he said there was no stroke.

 

[rpd113]

I'm guessing Barbara and/or the Post were confused. The film company paid for the forensic psychiatrist and Spitz, but I highly doubt they guaranteed they'd effect a new autopsy, seeing as they cannot, legally. Maybe they said they'd help to pay for it, if Spitz or another official considered it justified and the Schulers procured it legally, but, in any event, it didn't play out like that.

I think if another family member vetoed the new autopsy, we would have heard about it. I'd bet that Danny finally came to his senses that he was pissing too much of his and Bryan's money away. Or he was never really serious about it, knowing it would affirm drug and alcohol abuse.

 

[BuzzieCat]

I just watched the convenience store surveillance video a few times. She was definitely going toward the coffee. I don't believe she went there for pain meds; she went there for coffee because that's what she was going toward. Then she really did peel out of there like all the other drivers had better just make way for her. Wow.

 

[Nova]

I just watched the convenience store surveillance video a few times. She was definitely going toward the coffee. I don't believe she went there for pain meds; she went there for coffee because that's what she was going toward. Then she really did peel out of there like all the other drivers had better just make way for her. Wow.

To me, that argues against deliberate suicide. It appears that Diane simply drove that aggressively, particularly when drunk.

 

[Nova]

Quote from article:
The company "will exhume the body and pay for all the testing to see if she suffered a stroke or not," said Barbara, who insisted that he arranged the movie deal for free.

This is coming from Dan's disbarred attorney who has (allegedly) not returned all of Diane's life insurance proceeds. Not buying it.

The film company is smart enough to realize Spitz knew what he was talking about when he said there was no stroke.

Then why the narration in the film about Dan being unable to get the "necessary permissions"?

There are several mentions early in the film that seem to predict an exhumation and new autopsy. Then late in the film we are told Dan wasn't able to obtain the "necessary permissions"? I'll grant you nothing is said about another relative objecting and it does seem a battle between Dan and the Hances over exhumation would have made the papers.

So maybe the judge denied the exhumation as, in his view, unnecessary.

Why not take what the film says at face value?

 

[Nova]

On another note, does anyone have a clear picture of Diane stopping a root canal in mid-procedure?

I've had plenty of root canals and can testify from personal experience that to get to the root, they have to grind off the top of the tooth. Without xylocaine or novocaine, an exposed root is EXTREMELY painful! (I've had ones where they couldn't get the area anesthetized.)

It's hard for me to believe anyone walked out of dentist's office with an exposed root and lived with it for three years. But if Diane did, no wonder she was chugging vodka!

 

[rpd113]

To me, that argues against deliberate suicide. It appears that Diane simply drove that aggressively, particularly when drunk.

But she did not drive aggressively those last fatal minutes.

 

[Melanie]

On another note, does anyone have a clear picture of Diane stopping a root canal in mid-procedure?

I've had plenty of root canals and can testify from personal experience that to get to the root, they have to grind off the top of the tooth. Without xylocaine or novocaine, an exposed root is EXTREMELY painful! (I've had ones where they couldn't get the area anesthetized.)

It's hard for me to believe anyone walked out of dentist's office with an exposed root and lived with it for three years. But if Diane did, no wonder she was chugging vodka!

BBM - I don't know if that really happened or not, but I would also be shocked if it did.

I've had a couple of root canals and they're horrid. I can't imagine stopping 1/2 way through and walking out. Not only would you NOT be able to drink anything cold -- anything like OJ (acidy) would drop me to the floor. I've had a sensitive tooth with the nerve exposed - OMG.

Mind you, my roots were done in 2 visits. The first to get to the root, clean it up, get antibiotics, etc -- and get a temporary crown (until the crown can be made).

I'd be curious to know if the "mid-way through" meant she rec'd a temporary crown -- did she make it that far?

MOO

Mel

 

[Nova]

But she did not drive aggressively those last fatal minutes.

She drove at 80+ mph, white-knuckling the steering wheel and staring straight ahead, oblivious to the cars trying to get out of her way.

Sounds pretty aggressive to me.

 

[Nova]

BBM - I don't know if that really happened or not, but I would also be shocked if it did.

I've had a couple of root canals and they're horrid. I can't imagine stopping 1/2 way through and walking out. Not only would you NOT be able to drink anything cold -- anything like OJ (acidy) would drop me to the floor. I've had a sensitive tooth with the nerve exposed - OMG.

Mind you, my roots were done in 2 visits. The first to get to the root, clean it up, get antibiotics, etc -- and get a temporary crown (until the crown can be made).

I'd be curious to know if the "mid-way through" meant she rec'd a temporary crown -- did she make it that far?

MOO

Mel

That's right. It's always two visits, the second to get the permanent crown.

If she simply never went back for the permanent crown, I suppose it's possible the temp lasted for 3 years. And if the root was fully removed, she should not have been in any pain from that tooth.

 

[twinkiesmom]

So maybe the judge denied the exhumation as, in his view, unnecessary.

Why not take what the film says at face value?

If a judge turned them down, we would have had Dan screaming to the media how unfair it was...It's just more plausible this was a resource issue rather than a true permission issue.

The filmmakers themselves say they didn't have $30,000 to pay Ruskin's appearance fee. If they didn't have it for Ruskin, why would they have had it for Spitz? They clearly only booked a day or less of Spitz's time....They went the economy route.

The desire to exhume/reautopsy was Dan's way of keeping Diane alive and guarding her memory....Barbara played into that to gain Dan's confidence, but come on, no one other than Dan and Jay believed the BAC was a lie.

 

[twinkiesmom]

She drove at 80+ mph, white-knuckling the steering wheel and staring straight ahead, oblivious to the cars trying to get out of her way.

Sounds pretty aggressive to me.

She was playing chicken at that point but not passing and weaving in between lanes as she was doing earlier. I think she was driving aggressively at first because she was fueled with rage until she became so intoxicated that she drove in a blackout state.

 

[Nova]

She was playing chicken at that point but not passing and weaving in between lanes as she was doing earlier. I think she was driving aggressively at first because she was fueled with rage until she became so intoxicated that she drove in a blackout state.

I don't disagree, but we do have reports that suggest "fueled with rage" was Diane's normal way of driving.