Husband denies alcoholism in NY wrong-way crash

By ASSOCIATED PRESS   Friday, Aug. 7, 2009
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— Despite the blood tests, broken vodka bottle and a minivan careering the wrong way down a highway to a fiery end, Daniel Schuler is positive his wife wasn't a drunk.

A possible stroke, a bump in her leg that kept moving, an old case of diabetes and an untreated abscessed tooth were more likely causes of Diane Schuler's disastrous drive with a vanload of small children that killed her and seven others, Schuler said.

"I go to bed every night knowing my heart is clear," Schuler said tearfully Thursday, in his first public comments since the July 26 crash that killed his wife, 2-year-old daughter and three young nieces. "She is not an alcoholic. Something medically had to happen."

The 36-year-old cable executive was praised as a responsible mother trusted with anyone's children who showed no signs of a substance abuse problem, defying an autopsy report that found she had downed more than 10 drinks and smoked marijuana up to an hour before the crash on a suburban New York City highway.

A broken, 1.75-liter bottle of Absolut vodka was recovered from Schuler's burned-up minivan on the Taconic State Parkway. Schuler's blood alcohol level was more than twice the state's legal limit, she had undigested alcohol in her stomach and high levels of the key ingredient in marijuana in her system, the Westchester County medical examiner's report said.

A preliminary autopsy ruled out a stroke, heart attack, or aneurysm, Westchester County officials said.

"I stand by those findings" county medical examiner Millard Hyland said Thursday.

But in an anguished, angry public appearance Thursday, Daniel Schuler and his attorney, Dominic Barbara, said other medical problems may have affected Schuler's thinking and caused her to drive erratically.

Barbara — a divorce attorney who has represented Joey Buttafuoco, actress Lindsey Lohan's father and Victoria Gotti — noted witnesses who saw Schuler on the highway reported she was driving erratically, moving in and out of lanes, honking her horn and flashing her headlights.

"This is not the actions of a person who is drunk," Barbara said. "And I think something happened to her brain."

He said he couldn't explain the alcohol or marijuana in her system. "I'm not saying that test is wrong yet, but something had to happen," he said.

Barbara said Diane Schuler was once diagnosed with gestational diabetes — which usually goes away after childbirth — had an undiagnosed lump on her leg and was suffering from an abscessed tooth for nearly two months. It was not clear how any of those maladies would prompt someone to become intoxicated.

Daniel Schuler said the autopsy report was "not true."

"She was never drunk since the day I met her. ... She was not a drinker," he said.

He also disputed reports that problems with their marriage drove her to drink, calling her "a perfect wife" and saying he "would marry her again tomorrow" if he could.

Schuler, of West Babylon on Long Island, piled 5-year-old son Bryan, 2-year-old daughter Erin and three nieces aged 5 to 8 in her minivan at about 9:30 on a Sunday morning at an upstate campground. People at the site said they saw her leave and she hadn't been intoxicated.

Nearly four hours later — after state police said she had been seen driving erratically on state roads — she drove onto a northbound exit ramp on the Taconic and began driving south in the fast line, continuing for 1.7 miles before she slammed head-on into an SUV. She was killed along with her daughter, nieces and the three men in the SUV.

Tom Ruskin, an investigator hired by Daniel Schuler, said Friday there were four phone calls to and from the minivan between the time Diane Schuler left the campground and when the vehicle crashed.

Ruskin said on NBC's "Today Show" that on one of the phone calls, Diane Schuler's niece was heard saying her aunt was having trouble seeing and speaking.

Family of the men in the SUV had questioned how Schuler's family could have been oblivious to an alcohol abuse problem and suggested criminal charges were possible. An attorney for the victims' family didn't return calls Thursday.

State police said this week that cooperation had been "limited" from family members after interviews with Daniel Schuler and Schuler's brother Warren, who spoke to his sister on the phone about a half hour before the crash.

On Thursday police said that Warren Hance and his wife — whose three children died — were interviewed again and were cooperating, while Schuler refused a "prearranged interview."

Barbara didn't say when Schuler would be available for an interview. He refused at a news conference to allow Schuler to answer any questions about marijuana use, citing his client's job as a security officer for Nassau County.

The family has not decided whether to seek another autopsy and is awaiting more information from the county's autopsy report, Barbara said.

Jay Schuler, Daniel Schuler's sister-in-law, who said she and Diane were "best friends," said she never hesitated to leave her own child in Schuler's care. Schuler had been a nanny before becoming an executive with Cablevision, she said.

"She loved children, her nieces were her girls," Jay Schuler said. "There is no way she would ever jeopardize her children."

The Schulers' 5-year-old son was the only one in the minivan to survive the crash. His father said the little boy is still hospitalized, but his condition is improving.

Daniel Schuler said the couple went through a normal routine on the Sunday before he last saw her at the campsite, waking up early so he could get ready for a fishing trip and she could take the children home.

"She was fine," he said. "We had a cup of coffee in the morning, we packed the cars up like we always do and we headed out."

reader COMMENTS
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(31)
localboysince1968
Aug 8, 2009 at 8:19 a.m.
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Sarah - Paula denied drug use all the way up to detox....

localboysince1968
Aug 8, 2009 at 7:24 a.m.
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Paula Abdul isn't on drugs, and Billy Mays never touched the stuff....and Roger Clemens never took steriods. If is looks like a duck, walks like a duck, smells like a duck, it is a duck.

miltonalum
Aug 8, 2009 at 5:54 a.m.
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He sounds like a textbook enabler.

1lgglfer
Aug 7, 2009 at 6:38 p.m.
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Well I can see that this is a hot topic with everyone. I also had a mother who had the same problem with the alcohol smell from her diabetics, and was pulled over once or twice in her life.
But on to this mother, I think the husband knew she was a drinker and partier or he was the one that got her drunk and then put the empty bottle back in the van. The only thing that would'nt make sense then is how did she actually drive away from the camp ground???? I would think she would have been in a heap of trouble way before she got to the interstate.

facebooker09
Aug 7, 2009 at 5:11 p.m.
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wannabe30 - you siad that it caused a SMELL. You cant have a BAC without drinking! Your point didnt really have anything to do with this.
So the family is only allowed 1 bottle at a time or what? She cant have them hidden? Im sorry but from personal experience with a person with a drinking problem if they are keepign it from family and friends they tend not to drink out of teh "party bottle" They hide their own.

w8nc
Aug 7, 2009 at 4:41 p.m.
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If you have an absessed tooth, you should probably go to the dentist. Absessed teeth can cause very serious infections and even death. I'm a big babby when it comes to pain, so at the onset of tooth pain, I would be at the dentist. But that's just me. Can you imagine how stupid it would be this day in age to die of an absessed tooth (especially if the absess wasn't acute, and had been a problem for a long time).

wannabe30
Aug 7, 2009 at 3:52 p.m.
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averagegal be careful many people do not agree with you, I was told that my point was not relevant and I was wrong. I agree with the abbess however, they did find alcohol in her system. I was trying to make a point that other medical conditions can mimic being drunk, and I was more less told I this was not a valid point.

averagegal
Aug 7, 2009 at 3:45 p.m.
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My Husband had an abseesed tooth once that indeed went into his head. He was in horrible pain and almost died. I think that woman was in terrible pain and did not know what else to do. Her husband stated that the vodka was a bottle they took camping, cookouts, ect... Anyone who knows a true addict knows that bottle would not have been around long or would have been watered down by now. It is very sad.

jviers77
Aug 7, 2009 at 2:16 p.m.
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I know several "functioning alcoholics" who, had nobody told me they were alcoholics, I never would've known. And, to agree with a couple others' points, vodka is colorless and almost completely odorless, so it's definitely possible she could've been conceling it. I've also known a few people who've blacked out due to some neurological condition. But, the blood tests sound pretty conclusive. For whatever reason, this woman was hammered. This is such a sad story, and hopefully a more definite answer can come out as to what happened.

no
Aug 7, 2009 at 2:03 p.m.
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It's sad no one in this country has any shame or decency or dignity anymore. This guy should be at home mourning and not saying anything at all...instead he's out there trying to pin this on anything but who and what is at fault.

SwissChick
Aug 7, 2009 at 1:41 p.m.
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ihavealife - I forgot. That was the other test they mentioned last night.

mickie
Aug 7, 2009 at 11:38 a.m.
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Drunk. Drugged. Driving. Denial. Finally all caught up in the most horrific way.

SwissChick
Aug 7, 2009 at 11:20 a.m.
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wannabe30 - HELLO?? Of course, I didn't do the autopsy. Yeesh. I got the information from the interviews seen on TV with the professionals who did.
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You are comparing apples and oranges.
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I also heard the professionals say that besides blood, stomach contants, they test other body parts, - liver, etc., etc.
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Diabetes DOES not come into play here. That disease does NOT give you a BAC of .19 out of the blue.

wannabe30
Aug 7, 2009 at 11:02 a.m.
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Hey Mikki maybe you should read first, I did not say she was not drinking I did not say she was innocent. The husband brought up other conditions I was stating that sometimes this can happen I did not say she was innocent.

Mikki
Aug 7, 2009 at 10:55 a.m.
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We may not have conducted the autopsy, but professionals have.

The autopsy results are pretty clear.

You and the husband can share that pair of blinders.

Nice
Aug 7, 2009 at 10:53 a.m.
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I have no problem with people making statements about stories, but wannabe30 maybe everyone is on your case because you are trying to relate two stories that have nothing to do with the other. If you don't like critisium, don't post things that make NO SENSE!!

who
Aug 7, 2009 at 10:47 a.m.
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See was drunk and on drugs and kill several people including young kids. What more can you say.

wannabe30
Aug 7, 2009 at 10:26 a.m.
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And you conducted the autopsy, you’re a medical professional? I agree she was drinking so relax people make statements and if you do not like them then do not post. I was just stating a fact that some conditions can be construed as another. I did not state it applied to this case now her husband thinks otherwise.

Northman
Aug 7, 2009 at 10:25 a.m.
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If it was just the BAC, then it’s possible that the blood samples got mixed with another person’s. But, you have BAC, plus alcohol in the stomach, plus the bottle, plus a long period of erratic behaviour consistent with a heavy drinking or drug use. I don’t believe this lady is entitled to any benefit of doubt here.
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It’s clear that the husband is thinking about the massive lawsuit that’s about to land on him. If he can sow some doubt now, maybe he can influence people’s thinking before a jury gets picked. I suspect – I hope – the strategy backfires badly on him. Picking a high profile defense attorney only adds to the stink level. I’ll bet we start getting witnesses who report seeing this lady drinking on other occasions, and that it wasn’t any surprise to the husband whatever.

SwissChick
Aug 7, 2009 at 10:17 a.m.
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What I'm getting at is: your mom = .00 BAC. This Mom - .19 BAC.
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Diabetes had ultimately nothing to do with this.

wannabe30
Aug 7, 2009 at 10:12 a.m.
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I am saying when she was pulled over for her tail light she was asked if she had been drinking she said no and was give then breathalyzer it should zero BAC not sure what you are getting at, I do not know what happened to this woman and I hope her husband and all involved find peace. I am saying she may have been drinking and I was stating that sometimes other symptoms could be that other symptoms. In her case, I am afraid she was drinking.

SwissChick
Aug 7, 2009 at 10:07 a.m.
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wannabe - Did your mom actually get arrested for BAC over .08???? Smell and BAC are totally different.
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"and had no alcohol in her system" - to quote you. THAT there is the difference.

w8nc
Aug 7, 2009 at 10:06 a.m.
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Well if they found a vodka bottle, that kind of explains it. Vodka is the choice of sneaky drinkers around the world. Easy to conceal the smell and it's clear. She probably had it every morning in her orange juice and he didn't even know it. And if she was an alcoholic and he didn't know it, he could mistake her actions as normal sober actions, because that is all he may have ever known. Not all alcoholics are easily detected. Not all alcoholics are stumbling mumbling fools. It's a sad sad situation, but denial won’t help anything. For his sake, I hope his convictions are proven correct, but if I were him I wouldn’t rule out the obvious.

garyprimer
Aug 7, 2009 at 10:04 a.m.
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A 1.75 liter bottle is not the choice of a casual drinker.

wannabe30
Aug 7, 2009 at 9:58 a.m.
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My mother does not drink yet she has been pulled over and has been asked if she had been drinking as she smelled of alcohol, has been given a breathalyzer and had no alcohol in her system. Why she is a diabetic and diabetics sometimes smell as if they had been drinking. In addition, I have had an abbessed tooth and yes mine made me dizzy and a little off. Did she drink that day I do not know but do not jump to quickly as we were not there and as sad, as it is people died.

SwissChick
Aug 7, 2009 at 9:38 a.m.
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I didn't know that a stroke (or an untreated abcessed tooth) could result in .19 BAC and presence of marijuana. Boy the things you learn everyday.
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I believe that both of you are right . . she was a closet drinker, and he surmised, but the big rock denial rolled in.
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Plus on the news last night, the NY State Troopers said that it took her 4 hours to go 90 miles. (On a six-lane throroughfare). Hm.

Opinionsforfree
Aug 7, 2009 at 9:28 a.m.
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I am thinking she was a closet drinker that snapped that day

garyprimer
Aug 7, 2009 at 9:13 a.m.
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Denial is a hell of a thing.

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