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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:30,831 --> 00:00:35,403 (PEOPLE TALKING ON PHONE) 2 00:00:54,555 --> 00:00:57,091 (PHONE RINGING) 3 00:01:00,494 --> 00:01:03,731 (WOMAN YELLING IN DISTRESS) 4 00:01:48,942 --> 00:01:51,345 (CAMERAS SNAPPING) 5 00:01:53,981 --> 00:01:56,417 She was a perfect wife... 6 00:01:56,517 --> 00:02:01,789 An outstanding mother, a hard worker, a reliable person... 7 00:02:01,889 --> 00:02:05,926 Trustworthy, I would marry her again tomorrow if I could... 8 00:02:06,026 --> 00:02:08,462 She's awesome, she's the best. 9 00:03:09,357 --> 00:03:11,359 And then she drives away... 10 00:03:13,861 --> 00:03:18,499 I've watched this, like, numerous times. Over and over again. 11 00:03:18,599 --> 00:03:23,771 And she was fine. And that's what's frustrating. 12 00:03:23,871 --> 00:03:28,476 I'm very big into mystery shows. I live for watching those. 13 00:03:28,576 --> 00:03:30,778 And even before this, that's all I would watch. 14 00:03:30,878 --> 00:03:35,683 And it's just ironic to me that I feel like I'm on one of them. 15 00:03:35,783 --> 00:03:37,351 I feel like... 16 00:03:37,451 --> 00:03:39,853 I'm walking around and there's going to be like this story 17 00:03:39,953 --> 00:03:41,922 that's going to come out. 18 00:03:42,022 --> 00:03:47,227 I feel like someone's gonna say, ten years later, it proves what happened. 19 00:03:47,328 --> 00:03:50,431 There's so much more to this story. 20 00:03:52,700 --> 00:03:56,504 REPORTER: It was a horrific scene on a Taconic parkway near route 117 this afternoon. 21 00:03:56,604 --> 00:03:59,407 This burned-out shell was all that remained of a minivan... 22 00:03:59,507 --> 00:04:02,009 After the head-on crash which left 8 people dead. 23 00:04:02,109 --> 00:04:05,446 REPORTER 2: Diane Schuler, her daughter, and 3 nieces... 24 00:04:05,546 --> 00:04:07,981 Three Westchester men in the SUV were killed. 25 00:04:08,081 --> 00:04:12,052 REALMUTO: Evidence leads us to believe that a vehicle was traveling... 26 00:04:12,152 --> 00:04:15,956 The wrong way southbound in the northbound lanes of traffic. 27 00:04:16,056 --> 00:04:18,826 LA GRIPPO: Several people were ejected, most of them children. 28 00:04:18,926 --> 00:04:23,831 And we prioritized, and we were able to save one young child's life. 29 00:04:23,931 --> 00:04:25,699 REPORTER: More than one family was destroyed tonight... 30 00:04:25,799 --> 00:04:28,101 After a horrible crash on the Taconic parkway. 31 00:04:28,201 --> 00:04:32,072 The lone survivor a 5-year-old boy, clinging to life here tonight... 32 00:04:32,172 --> 00:04:33,941 At the Westchester medical center. 33 00:04:34,041 --> 00:04:36,310 When I first got the phone call, I didn't know what happened. 34 00:04:36,410 --> 00:04:40,047 I just went upstate to the hospital, and then I found out there... 35 00:04:40,147 --> 00:04:43,150 That there was a, a car accident... 36 00:04:43,250 --> 00:04:45,719 And uh, he gets the phone call... 37 00:04:45,819 --> 00:04:50,090 And he got all upset on the phone and he handed me the phone... 38 00:04:50,190 --> 00:04:56,897 And at that point it was... Bryan died, and everybody else was alive. 39 00:04:56,997 --> 00:05:02,936 And then I went to Poppa's house, and I told them that Bryan was dead. 40 00:05:03,036 --> 00:05:07,875 And then I got the phone call that it wasn't, that Bryan survived. 41 00:05:07,975 --> 00:05:14,382 And then, Jimmy said "It's bad, it's bad J, everyone's gone." 42 00:05:14,482 --> 00:05:17,851 You know, I don't remember much, of that day, you know. 43 00:05:17,951 --> 00:05:20,588 Just taking care of Bryan that's what I remember. 44 00:05:22,423 --> 00:05:24,358 (CAMERAS CLICKING) 45 00:05:24,458 --> 00:05:28,295 (WOMAN SINGING) 46 00:05:28,396 --> 00:05:31,331 (CHURCH BELLS RINGING) 47 00:05:37,771 --> 00:05:43,110 My sister was a phenomenal mother, aunt, and friend. 48 00:05:43,210 --> 00:05:46,547 And all of us are grateful for the love and care... 49 00:05:46,647 --> 00:05:52,252 That she showered upon our entire family especially all of our children. 50 00:05:52,352 --> 00:05:55,088 What we ask all of you going forward is... (BAGPIPES PLAY) 51 00:05:55,188 --> 00:06:02,930 That you keep my girls, my sister, and my niece, and all of us in your daily prayers. 52 00:06:04,465 --> 00:06:07,034 There is a miracle child in all of this. 53 00:06:07,134 --> 00:06:11,405 Our dear nephew, Bryan, who's getting better and stronger by the day. 54 00:06:11,505 --> 00:06:16,444 And who will be loved by more people than he will ever understand. 55 00:06:16,544 --> 00:06:20,013 Love your children. Cherish your children. 56 00:06:20,113 --> 00:06:23,917 (CRYING) Kiss your children... 57 00:06:24,017 --> 00:06:26,086 And don't ever forget... 58 00:06:26,186 --> 00:06:27,788 (SOBBING) 59 00:06:38,566 --> 00:06:40,534 (CHURCH BELLS CHIMING) 60 00:06:49,242 --> 00:06:50,611 (CAMERAS SNAPPING) 61 00:06:57,751 --> 00:06:59,920 An autopsy was performed... 62 00:07:00,020 --> 00:07:02,322 By the Westchester County medical, medical examiner's office... 63 00:07:02,422 --> 00:07:04,525 On the body of Diane Schuler... 64 00:07:04,625 --> 00:07:09,262 The operator of the 2003 Ford van who was responsible for this crash. 65 00:07:09,362 --> 00:07:11,331 The toxicology from that autopsy... 66 00:07:11,431 --> 00:07:16,470 Shows that Diane Schuler had a blood-alcohol content of .19 percent. 67 00:07:16,570 --> 00:07:22,209 The legal limit for intoxication in New York state is .08 percent. 68 00:07:22,309 --> 00:07:26,914 Toxicology also reveals that Diane Schuler had a high level of THC. 69 00:07:27,014 --> 00:07:30,584 THC is the active ingredient contained in marijuana. 70 00:07:31,519 --> 00:07:33,787 (REPORTER ASKING QUESTIONS) 71 00:07:33,887 --> 00:07:37,691 Um, the weight is what's very important in calculating the number of drinks... 72 00:07:37,791 --> 00:07:43,697 And with that level of alcohol it's approximately ten drinks are still in her at this time. 73 00:07:44,965 --> 00:07:48,802 (CAMERAS SNAPPING) (MURMURING) 74 00:08:02,916 --> 00:08:07,087 Hi. Um, we want to speak to you... 75 00:08:08,522 --> 00:08:11,191 About the events that occurred... 76 00:08:12,660 --> 00:08:16,764 And I'll tell you quite candidly... 77 00:08:16,864 --> 00:08:20,100 That I didn't see any real benefit. 78 00:08:20,200 --> 00:08:25,272 Except my client wants to talk about his wife. 79 00:08:26,907 --> 00:08:31,779 She was not an alcoholic, she rarely had a drink. 80 00:08:31,879 --> 00:08:35,115 She got in the van, with the children... 81 00:08:35,215 --> 00:08:41,955 And what should have taken a 35-minute drive, took almost four hours. 82 00:08:42,055 --> 00:08:46,226 Listen to this, I go to bed every night knowing my heart is clear. 83 00:08:46,326 --> 00:08:48,962 She did not drink, she was not an alcoholic. 84 00:08:49,062 --> 00:08:51,331 Listen to all that? She is not an alcoholic. 85 00:08:51,431 --> 00:08:53,734 And my heart is rested every night when I go to bed... 86 00:08:53,834 --> 00:08:55,669 Something medically had to have happened. 87 00:08:55,769 --> 00:08:58,205 My name, my... Jay Schuler. 88 00:08:58,305 --> 00:08:59,707 REPORTER: You're married to? 89 00:08:59,807 --> 00:09:03,711 I'm married to Danny's brother, Jimmy Schuler. 90 00:09:03,811 --> 00:09:06,614 Diane was my sister-in-law. 91 00:09:06,714 --> 00:09:09,549 Family was the most important thing to her. 92 00:09:09,650 --> 00:09:11,451 To have the cousins all playing together... 93 00:09:11,551 --> 00:09:15,656 There is no way she would ever jeopardize the children. 94 00:09:15,756 --> 00:09:18,091 (DOG BARKING) 95 00:09:18,191 --> 00:09:19,893 JAY: Stop the barking. 96 00:09:19,993 --> 00:09:22,129 JAY: Will you just go down a second? 97 00:09:25,165 --> 00:09:28,168 Look at the things they wrote about her. 98 00:09:28,268 --> 00:09:31,571 "Loser, skank, killer." Isn't that nice? 99 00:09:31,672 --> 00:09:37,577 "Oh, shut the F up and admit that him and his wife were alchy's and potheads." 100 00:09:39,412 --> 00:09:42,515 "People you'll see in hell." That's what Bryan's gonna see. 101 00:09:42,616 --> 00:09:47,420 That his mother was a murderer, and people want to know why I keep on fighting. 102 00:09:47,520 --> 00:09:52,793 You go from the horrific tragedy to now people hating you, hating you. 103 00:09:52,893 --> 00:09:56,296 People what they're saying on the computer, people what they're saying on the news. 104 00:09:56,396 --> 00:10:00,333 You know and I'm like, "You don't know us, that's not what happened." 105 00:10:00,433 --> 00:10:02,535 And any sympathy turned to hate. 106 00:10:02,636 --> 00:10:08,642 I need Bryan to hold his head up high, that his mommy was a great mom. 107 00:10:08,742 --> 00:10:11,078 She wasn't drunk, she would never do that to them. 108 00:10:11,178 --> 00:10:15,515 Never, never ever, she would never hurt her kids, or Warren and Jackie's. 109 00:10:15,615 --> 00:10:17,217 JAY: Something happened. 110 00:10:27,260 --> 00:10:30,330 GARBUS: We'll do every test that that experts recommend to us and... 111 00:10:30,430 --> 00:10:33,901 You know we'll go to every avenues here that can be explored. 112 00:10:34,001 --> 00:10:35,468 Right. 113 00:10:35,568 --> 00:10:37,504 GARBUS: But what if it doesn't turn up something you want? What will... 114 00:10:37,604 --> 00:10:41,809 I know, I think about that sometimes, but it's gonna work out. 115 00:10:41,909 --> 00:10:45,512 And if it doesn't I, I don't even go down that path... 116 00:10:45,612 --> 00:10:48,548 'Cause I know she wouldn't let me fight this for nothing. 117 00:10:48,648 --> 00:10:50,217 (PHONE RINGING) 118 00:10:50,317 --> 00:10:52,786 RECEPTIONIST: The Barbara Law Firm, good afternoon. 119 00:10:52,886 --> 00:10:57,490 You know why they came to me, originally? To go public. 120 00:10:57,590 --> 00:11:00,828 That was from day one, they didn't just pick my name out of a hat. 121 00:11:00,928 --> 00:11:05,365 They wanted to go public, and I still think it was the right thing to do. 122 00:11:05,465 --> 00:11:07,634 It would have never gotten to where it is today. 123 00:11:07,735 --> 00:11:10,503 You wouldn't be involved, if it wasn't something public, right? 124 00:11:10,603 --> 00:11:11,705 GARBUS: Right. 125 00:11:11,805 --> 00:11:14,441 This has been a very, um... 126 00:11:16,343 --> 00:11:21,715 Painful, emotionally painful experience this case... 127 00:11:21,815 --> 00:11:23,383 Because I've taken a lot of grief. 128 00:11:23,483 --> 00:11:26,854 I've taken more grief on this case than some of the really... 129 00:11:26,954 --> 00:11:31,759 Buttafuoco and Jessica Hahn cases of the '70s and '80s. 130 00:11:31,859 --> 00:11:33,493 And my friendship with certain celebrities. 131 00:11:33,593 --> 00:11:35,495 This took more heat. 132 00:11:35,595 --> 00:11:40,033 People actually come over to me, "How could you represent that drunk?" 133 00:11:41,869 --> 00:11:44,504 And that really bothers me, because I truly believe... 134 00:11:44,604 --> 00:11:49,076 In my heart of hearts, that she's not an alcoholic, nor a drunk. 135 00:11:49,176 --> 00:11:52,712 Do I have an answer for that day? No. 136 00:11:58,385 --> 00:12:03,023 GARBUS: What is the thing that you want to happen most? 137 00:12:03,123 --> 00:12:06,359 I want to know what happened to my wife, I want an autopsy done. 138 00:12:06,459 --> 00:12:13,233 A correct autopsy done and I wanna know if she had a stroke or not. 139 00:12:13,333 --> 00:12:19,973 Cause what they're saying is not true, or I wouldn't be doing this. 140 00:12:20,073 --> 00:12:24,277 I'm a quiet person and a private person but, uh... 141 00:12:24,377 --> 00:12:27,180 I just want to find out what happened. 142 00:12:27,280 --> 00:12:32,619 So, when my son gets older he knows what happened to his mom. 143 00:12:32,719 --> 00:12:37,157 I'm gonna go until the end, until I find out what really happened, the truth. 144 00:12:37,257 --> 00:12:40,493 Whether it's good or bad that would be fine with me... 145 00:12:40,593 --> 00:12:45,232 But I know something medically happened to my wife. 146 00:13:39,920 --> 00:13:42,222 GARBUS: Did Diane talk to you about her mother? 147 00:13:42,322 --> 00:13:44,057 Not much. 148 00:13:45,192 --> 00:13:48,061 It wasn't a subject that we talked about. 149 00:13:48,161 --> 00:13:50,931 GARBUS: What did she say about her? 150 00:13:52,799 --> 00:13:58,238 That, uh, she left when Diane was young. She didn't like bringing it up. 151 00:14:00,373 --> 00:14:02,709 GARBUS: Was it something that she just kinda didn't deal with? 152 00:14:02,809 --> 00:14:05,012 It seemed like it bothered her. 153 00:14:05,112 --> 00:14:09,516 But she wouldn't talk about it. And I never push, pushed. 154 00:14:09,616 --> 00:14:11,718 So... 155 00:14:11,818 --> 00:14:17,424 JAY: Cause she was the girl of the house and everyone said that Diane did everything. 156 00:14:17,524 --> 00:14:19,592 GARBUS: Did you ever meet her mother? JAY: No. 157 00:14:19,692 --> 00:14:24,364 Uh, someone said she was at the funeral, at the wake but, um, I never met her. 158 00:14:24,464 --> 00:14:28,735 I have... Only things I knew that she didn't have contact with her. 159 00:14:28,835 --> 00:14:32,305 GARBUS: Do why, do you know why she left the father? The... 160 00:14:32,405 --> 00:14:34,841 I don't know why she left the dad, no. I, I really don't. 161 00:14:34,942 --> 00:14:40,380 Diane wasn't like that, like she didn't go like, "Pity me, feel sorry for me." 162 00:14:40,480 --> 00:14:42,715 JAY: But I would imagine that had a big impact on her. 163 00:14:42,815 --> 00:14:47,054 That she was going to be totally there for her kids, and never leave them... 164 00:14:47,154 --> 00:14:49,990 And that's why we find it so ironic. 165 00:14:58,966 --> 00:15:02,936 DOMINIC: Yeah, come to the middle. Right from the moment you woke up. 166 00:15:03,036 --> 00:15:07,874 I woke up about 6:00 a.m., went down to my boat to clean it out and do what I gotta do. 167 00:15:07,975 --> 00:15:11,979 Came back about quarter-to-seven, 7:00 a.m., I woke her up... 168 00:15:12,079 --> 00:15:14,247 Saying we had to start cleaning the camper... 169 00:15:14,347 --> 00:15:17,184 So we could start getting home before traffic. 170 00:15:17,284 --> 00:15:22,055 She woke up, started packing the bags slowly, started waking the kids up slowly... 171 00:15:22,155 --> 00:15:27,460 Started getting the kids dressed, we unloaded the camper, all the bags... 172 00:15:27,560 --> 00:15:31,431 Outside the camper and I walk 'em to the car and we load 'em up. 173 00:15:31,531 --> 00:15:36,469 We had a cup of coffee, two cups of coffee, and then we left. 174 00:15:38,638 --> 00:15:42,442 Yeah, I kissed everyone goodbye and my wife. 175 00:15:42,542 --> 00:15:44,511 DOMINIC: Thank you. 176 00:16:15,208 --> 00:16:22,682 It was a great weekend. Swimming, hiking, campfire, cooking marshmallows. 177 00:16:22,782 --> 00:16:27,620 The game room with the kids, the playground, it was an excellent weekend. 178 00:16:44,304 --> 00:16:48,175 Catch any fish? Catch you later. 179 00:16:50,943 --> 00:16:56,683 Uh, there's large mouth bass, there's small mouth, there's pickerels, sunnies, crappies. 180 00:16:57,917 --> 00:17:00,920 Hi there, how are you? 181 00:17:01,020 --> 00:17:05,292 They say when they come up here, they forget that the world exists. 182 00:17:09,662 --> 00:17:13,400 It does give you the opportunity to take a breath. 183 00:17:14,967 --> 00:17:19,005 It's crazy today, just the pressures of everyday life. 184 00:17:19,106 --> 00:17:25,011 You know, mom's working, dad's working, the kids are busy doing activities at school. 185 00:17:25,112 --> 00:17:29,216 I don't think families have enough time to spend with each other... 186 00:17:29,316 --> 00:17:35,455 And I think this is probably one of the places that they can come and just enjoy it. 187 00:17:35,555 --> 00:17:38,658 There's the perfect relaxation right out there. 188 00:17:47,767 --> 00:17:50,870 That morning, we got up, we had breakfast, we made coffee. 189 00:17:50,970 --> 00:17:55,808 We cleaned up the camper, said goodbye to all the kids... 190 00:17:55,908 --> 00:18:00,180 She hopped in her car, I hopped in mine, and we went on our way. 191 00:18:05,017 --> 00:18:08,188 He received a phone call at 9:00 a.m., from Emma Hance, his oldest daughter... 192 00:18:08,288 --> 00:18:12,159 Who said everything was good, they had a great time. They were looking forward to, uh... 193 00:18:12,259 --> 00:18:14,060 Coming home... 194 00:18:14,161 --> 00:18:18,665 Danny was parked up in front, and he had the dog, and he had the truck. 195 00:18:18,765 --> 00:18:21,100 And she was right behind him in the van. 196 00:18:21,201 --> 00:18:24,871 And the kids were just yelling, they were all strapped in their seats... 197 00:18:24,971 --> 00:18:28,208 And yelling what a good time they had cause they were up visiting... 198 00:18:28,308 --> 00:18:32,212 With Aunt Diane, ya know, and so forth. 199 00:18:32,312 --> 00:18:34,181 So I kinda leaned in, and I said, "Oh, I hear you yelling." 200 00:18:34,281 --> 00:18:37,517 I said, "You have a good time?" And they go, "Yeah, we're coming back." 201 00:18:37,617 --> 00:18:42,822 Well, you know, they were so excited about coming back and, uh... 202 00:18:42,922 --> 00:18:47,026 That was about the last thing they said. I said to Diane, "Have a safe trip home." 203 00:18:47,126 --> 00:18:49,729 She certainly seemed sober to me. 204 00:19:14,020 --> 00:19:16,789 When we left the campground, we left together... 205 00:19:16,889 --> 00:19:20,327 I followed her out and then we got on the parkway. 206 00:19:20,427 --> 00:19:23,263 And I went home with my dog and the laundry. 207 00:19:23,363 --> 00:19:28,201 And she stopped off at the stores, to get gas, to get the kids' breakfast. 208 00:19:28,301 --> 00:19:29,869 And I just went home. 209 00:19:44,717 --> 00:19:46,719 The morning they left that Sunday... 210 00:19:46,819 --> 00:19:49,088 He stated that they left approximately the same time. 211 00:19:49,188 --> 00:19:53,159 Diane left with all the kids and the minivan, and he left with the dog. 212 00:19:53,260 --> 00:19:58,431 And he stated that Diane was stopping at a McDonald's not far from the campground. 213 00:19:58,531 --> 00:20:00,500 The Hance family agreed that it was preplanned... 214 00:20:00,600 --> 00:20:02,802 That he would take the pickup truck with the dog... 215 00:20:02,902 --> 00:20:05,505 Um, obviously you can't put the kids in the back of a pickup truck. 216 00:20:05,605 --> 00:20:08,441 And they borrowed the minivan from the Hance's... 217 00:20:08,541 --> 00:20:11,511 For the very purpose of transporting all of the children. 218 00:20:32,899 --> 00:20:35,067 Investigators from the Liberty station were able to... 219 00:20:35,167 --> 00:20:39,205 Obtain a video from the McDonald's which was time-stamped. 220 00:20:39,306 --> 00:20:42,942 It showed Diane Schuler enter the McDonald's, with the children. 221 00:20:43,042 --> 00:20:46,746 We additionally interviewed the McDonald's employee who served her. 222 00:20:46,846 --> 00:20:49,549 He said that he did remember her and did not remember her... 223 00:20:49,649 --> 00:20:53,185 Being intoxicated or smelling of alcohol. 224 00:20:53,286 --> 00:20:57,524 The children were playing in the playground, they seemed to be having a good time. 225 00:20:59,025 --> 00:21:03,262 Through this video we saw no obvious signs of intoxication. 226 00:21:26,986 --> 00:21:30,089 There's the Sunoco video where you see her at the pump getting out of the car... 227 00:21:30,189 --> 00:21:33,626 And then she goes in, at the gas station. 228 00:21:33,726 --> 00:21:36,463 Um, then she goes in and apparently asks for some sort of pain meds, 229 00:21:36,563 --> 00:21:38,297 which they don't have. 230 00:21:43,536 --> 00:21:45,505 BOYLE: She walked in, spoke to the clerk... 231 00:21:45,605 --> 00:21:50,743 We don't know what was said, there's no audio, and walked out with nothing. 232 00:21:50,843 --> 00:21:55,314 Again, there was no obvious signs of intoxication at this time. 233 00:22:22,108 --> 00:22:26,946 JAY: Oh no we're doing I, I can... What is it again, "I can learn?" 234 00:22:27,046 --> 00:22:29,416 You know E-Y-E, you know how to spell it. 235 00:22:29,516 --> 00:22:32,284 BRYAN: Pretty pictures! 236 00:22:32,385 --> 00:22:33,786 What's in that one, Bry? 237 00:22:33,886 --> 00:22:37,957 A face. Right there. JAY AND DANIEL: Oh yeah. 238 00:22:40,927 --> 00:22:47,667 BRYAN: One, two, three, four, five, six, seven, eight, nine. 239 00:22:53,573 --> 00:22:55,542 Go down more. 240 00:22:55,642 --> 00:22:58,144 DANIEL: A human face? JAY: A human face is in there. 241 00:22:58,244 --> 00:23:01,313 BRYAN: Here's a nose, eye, mouth. DANIEL: I see it. 242 00:23:01,414 --> 00:23:03,182 BOTH: Can you find a deer... 243 00:23:03,282 --> 00:23:07,186 A buffalo, opossum, a fox, horse, dog. 244 00:23:07,286 --> 00:23:11,057 JAY: What does this do for your eyes, Bry? Makes 'em strong, right? 245 00:23:33,345 --> 00:23:38,885 JAY: This is the picture that they took at the campsite on Saturday. 246 00:23:38,985 --> 00:23:41,287 It's really hard to look it, but... 247 00:23:41,387 --> 00:23:44,957 You can see how much fun they're having because Bryan, being like as shy as he is... 248 00:23:45,057 --> 00:23:47,627 Erin with her ball, and Emma, Allie, and Kate. 249 00:23:47,727 --> 00:23:51,864 And that would be typical of Diane like, "All right, everyone on a rock...pose." 250 00:23:51,964 --> 00:23:54,701 Diane, like when she asked me to be a godmother to Erin... 251 00:23:54,801 --> 00:24:00,773 I like, I'm like, "Oh my god, she really does like me." You know I was like so thrilled. 252 00:24:00,873 --> 00:24:03,743 That was on Erin's birthday and Diane would always be like... 253 00:24:03,843 --> 00:24:06,913 All right, godmother, come sit, open presents... 254 00:24:07,013 --> 00:24:10,783 She got sunglasses, and it was too cute. 255 00:24:10,883 --> 00:24:14,521 It was fun and it's just not the same. 256 00:24:32,805 --> 00:24:38,878 I mean, Warren and Jackie, I think their grief is just so bad. 257 00:24:40,346 --> 00:24:44,050 JAY: Jackie, the kids were her job, that's what she did. 258 00:24:44,150 --> 00:24:47,654 Listening to her schedule of soccer, dance, this, that, times three... 259 00:24:47,754 --> 00:24:51,490 Running all around to wake up to nothing. 260 00:24:55,227 --> 00:24:59,198 I can't imagine anyone in her family thinks Diane was drunk. 261 00:24:59,298 --> 00:25:01,934 As a parent, like you have the tiny bit of doubt... 262 00:25:02,034 --> 00:25:04,904 You're human, I would have a tiny bit of doubt, human. 263 00:25:05,004 --> 00:25:08,741 But when Jackie reflects back or, I don't want to speak for them, but... 264 00:25:08,841 --> 00:25:11,010 Her and Diane were like best friends. 265 00:25:11,110 --> 00:25:15,214 But are they choosing to speak out about it? No. 266 00:25:25,524 --> 00:25:29,261 This is the day and he's coming up to my house and this is 7:15 in the morning. 267 00:25:29,361 --> 00:25:33,065 He goes, "Well, going to Yorktown Heights today, my sister's house..." 268 00:25:33,165 --> 00:25:37,737 "What surprise will it be for dinner? Laugh out loud." 269 00:25:37,837 --> 00:25:40,106 That's the day he died. 270 00:25:50,617 --> 00:25:55,421 That morning I remember, I remember my brother'ss voice on that phone. 271 00:25:55,521 --> 00:25:59,558 Saying to me, "Hey guys, okay we're gonna just have spaghetti and meatballs." 272 00:25:59,659 --> 00:26:00,760 I had the table set... 273 00:26:00,860 --> 00:26:02,194 And I remember him saying, 274 00:26:02,294 --> 00:26:05,765 "Okay, it's all right, you know I'll be there." 275 00:26:07,099 --> 00:26:09,101 It's sort of, there's no closure at that point... 276 00:26:09,201 --> 00:26:12,571 Because you don't get to say goodbye, you know. 277 00:26:14,273 --> 00:26:16,909 I mean, like I know that he knows we all loved him. 278 00:26:17,009 --> 00:26:19,946 You know we loved my brother, we loved them, and they know that. 279 00:26:20,046 --> 00:26:21,748 But we didn't get to tell them. 280 00:26:21,848 --> 00:26:23,315 You know like we didn't get to have that closure 281 00:26:23,415 --> 00:26:25,885 with them, and that... That bothers me. 282 00:26:25,985 --> 00:26:28,387 And then it also like I said it bothered me because... 283 00:26:28,487 --> 00:26:33,059 They never made it home. They should have made it home that day and they didn't. 284 00:26:33,159 --> 00:26:37,196 It is, it was a shock, it was really a shock. I mean just... 285 00:26:38,865 --> 00:26:42,735 When the phone call came in and from that day forward. 286 00:26:43,770 --> 00:26:47,439 JOSEPH: He was healthy, he was just... 287 00:26:47,539 --> 00:26:52,344 He retired and he was really just starting to enjoy himself. 288 00:26:52,444 --> 00:26:56,749 I feel his life was cut short. He was really uh, eh... 289 00:26:58,785 --> 00:27:01,320 I think he had a lot more life to live. 290 00:27:21,107 --> 00:27:24,677 DANIEL: Bryan's my, my main priority right now. 291 00:27:26,212 --> 00:27:27,613 Done? 292 00:27:27,714 --> 00:27:31,383 Being a single parent it's hard... 293 00:27:32,719 --> 00:27:34,687 Trying to do the right thing for him. 294 00:27:34,787 --> 00:27:38,224 Give him a normal life as we possibly can. 295 00:27:39,658 --> 00:27:43,996 Definitely changed. I do security work. 296 00:27:44,096 --> 00:27:49,101 DANIEL: I work nights, so, I'm up at 6:00. I'm in bed by 1:00. 297 00:27:49,201 --> 00:27:51,838 GARBUS: What's the hardest part of being a single parent? 298 00:27:51,938 --> 00:27:57,343 Food shopping, cooking, laundry, taking care of the house... 299 00:27:58,978 --> 00:28:04,216 Make sure Bryan's schoolwork and then going to work. 300 00:28:04,316 --> 00:28:10,990 So, you're going all day and all night, there's very little time for yourself. 301 00:28:19,932 --> 00:28:21,768 GARBUS: Does Bryan ask a lot about his mom, or? 302 00:28:21,868 --> 00:28:24,103 We talk a lot about his mom. 303 00:28:25,337 --> 00:28:29,341 Mommy took me here, mommy bought me that. 304 00:28:29,441 --> 00:28:32,378 I used to play here with mommy all the time. 305 00:28:34,680 --> 00:28:38,885 GARBUS: Does Bryan get any kind of special support or counseling? 306 00:28:38,985 --> 00:28:41,821 No, eh... The school is excellent. 307 00:28:41,921 --> 00:28:43,823 He's doing really good in school. 308 00:28:43,923 --> 00:28:49,762 And, uh, everything is somewhat back to normal. 309 00:28:49,862 --> 00:28:53,232 If he wants to talk about it he will, you know. 310 00:28:53,332 --> 00:28:57,103 I have tried to poke and prod and things, I'm curious. 311 00:28:57,203 --> 00:29:01,607 And he said, "Mommy's head hurt, she couldn't see." 312 00:29:01,707 --> 00:29:03,675 I said, "Oh Bryan, I said your mom..." 313 00:29:03,776 --> 00:29:08,447 "Aunt Jay I told you, her head hurt, she couldn't see." And he said... 314 00:29:08,547 --> 00:29:11,150 I said, "Oh, and that's when the crash happened." And he said... 315 00:29:11,250 --> 00:29:13,452 "And I flew out of the car like Superman." 316 00:29:13,552 --> 00:29:15,955 Since he came home from rehab and I started spending... 317 00:29:16,055 --> 00:29:18,557 My days with him, the story has never changed. 318 00:29:18,657 --> 00:29:22,294 Never, ever changed, "Mommy's head hurt, she couldn't see." 319 00:29:37,643 --> 00:29:39,778 JAY: Diane called and said we're running a little late... 320 00:29:39,879 --> 00:29:42,048 Because the girls had play practice. 321 00:29:42,148 --> 00:29:44,483 And "We had a great time, everything's great." 322 00:29:44,583 --> 00:29:49,055 All laughing, kidding around and Diane said, "All right, they talked about the play." 323 00:29:49,155 --> 00:29:51,390 The play..."Get me two tickets." 324 00:29:51,490 --> 00:29:56,295 I think Erin will sit on my lap, and then they said, "Okay, we'll see you soon." 325 00:30:03,302 --> 00:30:07,406 SALERNO: We were traveling back on the freeway heading south. 326 00:30:12,811 --> 00:30:14,613 We were driving in the center lane. 327 00:30:14,713 --> 00:30:17,749 And the vehicle came up rather quickly in the right lane... 328 00:30:17,850 --> 00:30:21,287 And, um, moved into the center lane... 329 00:30:21,387 --> 00:30:23,856 Moved back into the right lane and... 330 00:30:23,956 --> 00:30:28,694 Continued to make a series of movements, changing lanes rather aggressively. 331 00:30:28,794 --> 00:30:33,732 And we both looked, and we saw a woman grasping onto the steering wheel... 332 00:30:33,832 --> 00:30:36,735 Appearing to concentrate as she was driving. 333 00:30:36,835 --> 00:30:38,971 And the last movement it made... 334 00:30:39,071 --> 00:30:42,808 It made from the right lane, and it kind of cut off a car in the middle lane and the... 335 00:30:42,909 --> 00:30:47,013 The car or the truck actually swerved out of the way to avoid it. 336 00:30:47,113 --> 00:30:50,482 Um, but each time it made the movement, it did it... 337 00:30:50,582 --> 00:30:54,186 The vehicle was kind of... It was very precise like... 338 00:30:54,286 --> 00:30:57,456 It would move into the lane, it would move out of the lane, uh... 339 00:30:57,556 --> 00:31:00,392 And it was done with some degree of precision. 340 00:31:05,731 --> 00:31:09,735 And there came a point in time where we actually could see, um... 341 00:31:09,835 --> 00:31:14,440 Children's heads kind of swaying back and forth as the vehicle moved. 342 00:31:30,156 --> 00:31:32,658 BAGLEY: Coming down the freeway going to the rest area... 343 00:31:32,758 --> 00:31:36,328 I thought we passed her. She pulled out and got right behind us. 344 00:31:36,428 --> 00:31:39,898 And she was, I mean, so close to me, I couldn't see her headlights. 345 00:31:39,999 --> 00:31:43,535 And then the next thing you know you started hearing the horn beeping. 346 00:31:43,635 --> 00:31:45,471 (HORN BLOWING) 347 00:31:46,973 --> 00:31:49,341 It made me nervous, in fact I braced myself... 348 00:31:49,441 --> 00:31:52,544 For an accident, because I thought she was so close behind us. 349 00:31:52,644 --> 00:31:54,413 Well, the way she was driving I thought she was... 350 00:31:54,513 --> 00:31:57,183 You know just some sort of nut coming behind me and then... 351 00:31:57,283 --> 00:32:01,620 When she tried to pass me again on the shoulder, that's when I really thought it. 352 00:32:01,720 --> 00:32:04,690 And then she just pulled right back in behind me. 353 00:32:04,790 --> 00:32:06,658 (HORN HONKING) 354 00:32:06,758 --> 00:32:09,161 BAGLEY: The honking happened as we were getting... 355 00:32:09,261 --> 00:32:13,465 Off the exit for the thruway into the rest area. 356 00:32:13,565 --> 00:32:16,368 We stayed straight which went into the car lane... 357 00:32:16,468 --> 00:32:19,205 And she veered off into the truck area. 358 00:32:19,305 --> 00:32:23,375 And I did see her open the door, get out of the car, and... 359 00:32:23,475 --> 00:32:28,914 Possibly she was going to get sick to her stomach. 360 00:32:29,015 --> 00:32:30,249 GARBUS: What made you think that? 361 00:32:30,349 --> 00:32:33,319 She was kind of bent over a little. 362 00:32:35,021 --> 00:32:36,588 BAGLEY: My husband and I then... 363 00:32:36,688 --> 00:32:38,057 Walked into the rest area, 364 00:32:38,157 --> 00:32:40,859 and she wasn't there when we came out again. 365 00:32:40,959 --> 00:32:43,395 It was 12:30 PM. 366 00:32:43,495 --> 00:32:46,065 GARBUS: If you had a do-over, what would you do? 367 00:32:46,165 --> 00:32:48,600 I would have confronted her. 368 00:32:48,700 --> 00:32:51,570 You know, and then we probably would have seen those kids in the car. 369 00:32:51,670 --> 00:32:54,006 And we probably would have seen that there was... 370 00:32:54,106 --> 00:32:56,742 You know, she, there was something wrong, you know. 371 00:33:18,564 --> 00:33:20,132 (LAUGHING) 372 00:33:20,232 --> 00:33:25,771 (INCOHERENT CHATTERING) 373 00:33:25,871 --> 00:33:30,542 I can't really remember a point where Diane wasn't a part of my life. 374 00:33:30,642 --> 00:33:33,612 I remember girl scouts with her, soccer teams together... 375 00:33:33,712 --> 00:33:37,316 Kindergarten, first grade, like I don't remember her just not being there. 376 00:33:37,416 --> 00:33:39,451 You hang out with her at school... 377 00:33:39,551 --> 00:33:42,288 And you had the best time ever cause she was the class clown. 378 00:33:42,388 --> 00:33:45,191 And then you wanted her, her to come to your house, because... 379 00:33:45,291 --> 00:33:48,026 She was always fun, she always made you laugh. 380 00:33:49,261 --> 00:33:51,297 I moved to Fort Park in fourth grade. 381 00:33:51,397 --> 00:33:55,134 That's when I got involved with the whole group of girls. 382 00:33:55,234 --> 00:33:57,769 We were definitely, I wouldn't say crazy... 383 00:33:57,869 --> 00:34:04,110 We were, but we were loud, we were fun, you know we liked the attention. 384 00:34:04,210 --> 00:34:07,746 I was most spirited, Diane got loudest in our class... 385 00:34:07,846 --> 00:34:10,048 I mean senior superlatives, she got like seven of them. 386 00:34:10,149 --> 00:34:12,284 You know she was loudest, most fun to be around... 387 00:34:12,384 --> 00:34:14,220 BOTH: Class clown... NICOLE: You know, actually 388 00:34:14,320 --> 00:34:16,655 someone that didn't like to be in the spotlight... 389 00:34:16,755 --> 00:34:22,394 She was in the spotlight just because that, she had just such a big personality. 390 00:34:22,494 --> 00:34:25,431 Diane always had a good head on her shoulders, and... 391 00:34:25,531 --> 00:34:28,100 You know was very responsible from an early age. 392 00:34:28,200 --> 00:34:30,402 She lived with her father and her brothers, and... 393 00:34:30,502 --> 00:34:33,139 You know, she was like the woman of the house. 394 00:34:33,239 --> 00:34:36,442 She had to clean the kitchen, you know, she had to do wash, and... 395 00:34:36,542 --> 00:34:40,078 You know, somebody's gotta take on that motherly role... 396 00:34:40,179 --> 00:34:44,316 So to speak, and you know... And she definitely did it well. 397 00:34:44,416 --> 00:34:47,486 MICHELLE: In high school, Diane was heavy sometimes. 398 00:34:47,586 --> 00:34:50,122 She struggled to lose weight. 399 00:34:50,222 --> 00:34:53,759 I guess it was right before my wedding, is when she had lost the most weight ever... 400 00:34:53,859 --> 00:34:55,794 And looked amazing. 401 00:34:55,894 --> 00:34:59,765 And she had come to my wedding and that's actually where she had met Danny. 402 00:35:01,433 --> 00:35:04,170 KRISTENE: She really never dated while we were younger... 403 00:35:04,270 --> 00:35:05,737 And, I think, because... 404 00:35:05,837 --> 00:35:07,839 She never really had that companionship growing up... 405 00:35:07,939 --> 00:35:10,176 Or you know, never had that boyfriend or anything. 406 00:35:10,276 --> 00:35:12,244 So when she met Danny like you know she was gonna... 407 00:35:12,344 --> 00:35:17,048 Experience everything that, you know, we all had the chance to experience. 408 00:35:17,149 --> 00:35:19,685 That was her first love, and... 409 00:35:19,785 --> 00:35:23,589 I think she knew that you know it was gonna be her only love. 410 00:35:26,792 --> 00:35:30,796 REPORTER: Mr. Schuler, can you explain the bottle of vodka? 411 00:35:42,741 --> 00:35:44,610 No, I don't. 412 00:35:44,710 --> 00:35:48,947 Daniel, how do you explain the vodka? 413 00:35:49,047 --> 00:35:54,353 We usually would keep it in our camper throughout the whole season. 414 00:35:54,453 --> 00:35:57,055 DOMINIC: One bottle. LARRY: Why? Why? 415 00:35:57,155 --> 00:35:59,725 You know you have pina coladas, you, you... Sitting by a campfire... 416 00:35:59,825 --> 00:36:01,560 Right. For the camp fire. Cooking marshmallows. 417 00:36:01,660 --> 00:36:04,730 LARRY: What was the vodka bottle doing in the car? 418 00:36:04,830 --> 00:36:08,700 My wife packed all the bags that day in the camper... 419 00:36:08,800 --> 00:36:13,939 And leaves 'em by the door, I carry 'em from the camper to the trucks. 420 00:36:14,039 --> 00:36:19,077 I'm very surprised that the vodka bottle was in there, I had no idea. 421 00:36:19,177 --> 00:36:20,912 I don't know why she brought it home. 422 00:36:21,012 --> 00:36:24,816 Well, does it give you pause to think that maybe, just maybe... 423 00:36:24,916 --> 00:36:27,686 She was a drinker and you didn't know it? 424 00:36:27,786 --> 00:36:30,789 I've been with her for 13 years, absolutely not. 425 00:36:30,889 --> 00:36:34,226 Daniel, why appear here, why keep on doing this? 426 00:36:34,326 --> 00:36:36,161 The truth, the truth will come out. 427 00:36:36,262 --> 00:36:38,129 But Larry, you have to understand, 428 00:36:38,230 --> 00:36:40,499 Danny doesn't want the other families... 429 00:36:40,599 --> 00:36:43,535 To think that a drunk driver killed their families. 430 00:36:43,635 --> 00:36:46,238 That's why we are out to prove that she. .. 431 00:36:46,338 --> 00:36:48,206 Try to prove that she wasn't drunk. 432 00:36:48,307 --> 00:36:50,442 I've gotten to a point, I forgive Diane Schuler. 433 00:36:50,542 --> 00:36:54,780 I pray for her, like I pray for my father and my brother and those children. 434 00:36:54,880 --> 00:36:56,315 Right. 435 00:36:56,415 --> 00:36:59,718 The family that's still alive, I'm still working on. 436 00:36:59,818 --> 00:37:02,788 Oh, come on, even the lies about the bottle. Yeah. 437 00:37:02,888 --> 00:37:04,590 "Oh, it's not our bottle, I don't know where she got it." 438 00:37:04,690 --> 00:37:06,458 "Oh yeah, we kept a bottle up at the camp, 439 00:37:06,558 --> 00:37:08,694 we brought it back and forth." 440 00:37:08,794 --> 00:37:12,964 The stories just kept changing, they just kept changing, and like I said... 441 00:37:13,064 --> 00:37:17,803 If, if you just come forward and say I'm sorry she made a mistake... 442 00:37:17,903 --> 00:37:19,571 You could accept that. 443 00:37:19,671 --> 00:37:22,508 Right. But to have to keep lying and try to cover up, why? 444 00:37:22,608 --> 00:37:24,943 What are you trying to cover up? What happened? 445 00:37:25,043 --> 00:37:30,282 I would say to him, "What, what transpired between you and your wife?" Right. 446 00:37:30,382 --> 00:37:32,117 That pushed her. Right, that pushed her. 447 00:37:32,217 --> 00:37:35,954 And then I'd say to him, "You know, what's with the denial?" 448 00:37:36,054 --> 00:37:40,125 "You denying this is enabling other people to do the same thing." 449 00:37:40,225 --> 00:37:45,631 I mean, the right thing to do is to admit, you know, my wife was drunk. 450 00:37:45,731 --> 00:37:48,667 Don't let this happen to your family. 451 00:37:48,767 --> 00:37:49,935 Right. 452 00:38:01,212 --> 00:38:02,848 Here you go. 453 00:38:19,931 --> 00:38:21,967 DANIEL: Doctor. 454 00:38:29,307 --> 00:38:32,043 Doctor, uh, May 25th. 455 00:38:44,456 --> 00:38:46,525 BURSZTAJN: Someone is gone. 456 00:38:46,625 --> 00:38:50,161 There is a deep, deep wish to find a way to remember them. 457 00:38:50,261 --> 00:38:56,768 Which, um, in a way is the silver lining to the loss that people experience. 458 00:39:06,445 --> 00:39:11,082 In forensic psychiatric autopsy, what we do attempt to piece together... 459 00:39:11,182 --> 00:39:17,856 The state of mind, and who the person was at the time of the events in question. 460 00:39:19,725 --> 00:39:24,430 People are seeking to preserve her memory. 461 00:39:24,530 --> 00:39:29,768 At the same time, they want to find out what actually happened, because it's... 462 00:39:29,868 --> 00:39:32,404 It's such a tragedy and, and such a mystery... 463 00:39:32,504 --> 00:39:36,842 And they, and right now, they are constricted. 464 00:39:36,942 --> 00:39:41,447 The choices they have is to either accept her as someone who was bad... 465 00:39:41,547 --> 00:39:46,918 Which she cannot, because she wasn't bad in their relationships with them. 466 00:39:47,018 --> 00:39:48,820 Or to be able... 467 00:39:48,920 --> 00:39:51,823 Or they're focusing on some medical event... 468 00:39:51,923 --> 00:39:55,326 For which there was no evidence in the autopsy. 469 00:39:55,427 --> 00:39:57,729 The problem is when someone is being demonized... 470 00:39:57,829 --> 00:40:03,835 The tendency by the, those who remember that person is to try to make them into a saint. 471 00:40:05,504 --> 00:40:09,307 JAY: Do you wanna show the nice photo album, Daddy made you? 472 00:40:09,407 --> 00:40:10,909 Hey, I got it. 473 00:40:11,009 --> 00:40:13,579 JAY: You wanna show her? Photo album. 474 00:40:15,581 --> 00:40:17,749 BRYAN: My sister. 475 00:40:20,051 --> 00:40:22,821 DANIEL: This, Bryan's first fish he caught. 476 00:40:25,557 --> 00:40:26,858 BRYAN: That... 477 00:40:26,958 --> 00:40:30,161 JAY: And they went pumpkin picking. 478 00:40:30,261 --> 00:40:32,731 Is that Halloween? 479 00:40:34,265 --> 00:40:36,668 You're a good big brother. 480 00:40:36,768 --> 00:40:39,605 JAY: Nice and easy. Scratch. 481 00:40:40,639 --> 00:40:42,808 ALL: (LAUGHING) 482 00:40:42,908 --> 00:40:46,077 JAY: That was funny with the glasses, good job. 483 00:40:46,177 --> 00:40:51,182 Try to see it, try to see it. I'll hold it. Go ahead, look. 484 00:40:51,282 --> 00:40:54,853 You see? Good job, look at that. 485 00:40:54,953 --> 00:40:57,523 Oh my god, you look like an alien. 486 00:40:57,623 --> 00:41:00,158 (BRYAN WHISPERING) JAY: What? 487 00:41:00,258 --> 00:41:04,362 JAY: You wanna show the picture of you and Mommy upstate? 488 00:41:04,462 --> 00:41:05,731 BRYAN: Mommy. 489 00:41:05,831 --> 00:41:08,700 JAY: And then the one of Mommy and Daddy. 490 00:41:15,473 --> 00:41:17,475 He was madly in love with her. 491 00:41:17,576 --> 00:41:20,912 He, and I said he met the right girl, finally. 492 00:41:21,012 --> 00:41:25,551 She was lovely. She was so motherly... 493 00:41:25,651 --> 00:41:31,857 IRENE: You know, I mean, I spoil my son Danny, then she spoiled him. 494 00:41:33,224 --> 00:41:35,594 BOTH: She calmed him down. 495 00:41:35,694 --> 00:41:38,196 She was the boss. Yeah. She was the boss, yes. 496 00:41:38,296 --> 00:41:44,402 She made all the decisions and Danny was like her oldest child. 497 00:41:44,502 --> 00:41:48,306 You know, and he, uh, he loved Diane... 498 00:41:48,406 --> 00:41:55,513 Diane, like I said, made all the decisions and he was like her oldest boy. 499 00:41:55,614 --> 00:41:58,049 (LAUGHS) Yeah. 500 00:41:58,149 --> 00:42:02,287 IRENE: Diane, she was a, an amazing woman. 501 00:42:02,387 --> 00:42:06,692 She worked her way up, she was extremely smart woman. 502 00:42:06,792 --> 00:42:09,427 Had her own office and she was like a boss. 503 00:42:09,527 --> 00:42:11,496 She had her own secretary. GARBUS: Yep. 504 00:42:11,597 --> 00:42:16,635 They loved her there, she's got a lot of friends in, uh, Cablevision. 505 00:42:16,735 --> 00:42:19,838 Lot of friends. Uh-huh. SMYTH: She was very capable. 506 00:42:28,379 --> 00:42:33,719 She seemed to be very good at whatever she attempted, I mean, she was... 507 00:42:33,819 --> 00:42:36,788 Very good at, uh, her job. 508 00:42:36,888 --> 00:42:39,991 SUE: She was a take charge person too, you know... 509 00:42:40,091 --> 00:42:42,861 Something came on and, "Oh, this person's gonna have a baby." 510 00:42:42,961 --> 00:42:47,165 "Oh, all right, okay, you go out and get this, and we'll go and do that, and..." 511 00:42:47,265 --> 00:42:51,870 "You get this, and we'll get together and..." That's just the way she was. 512 00:42:51,970 --> 00:42:56,307 Everything was ironed, and down to like the littlest thing. 513 00:42:56,407 --> 00:42:59,544 Like, her pants were ironed, her shirt was ironed, this was ironed, like... 514 00:42:59,645 --> 00:43:03,348 It was like, the kid's clothes were ironed. I'm like, "When do you do this?" 515 00:43:03,448 --> 00:43:05,751 She made me a book. 516 00:43:05,851 --> 00:43:08,887 With all little pictures of the children. 517 00:43:08,987 --> 00:43:12,290 When she had to put the kids to bed, she'd work on it every night. 518 00:43:12,390 --> 00:43:16,227 And then she was starting another one for me. 519 00:43:16,327 --> 00:43:19,631 BOTH: (LAUGHING) The end! 520 00:43:19,731 --> 00:43:23,368 I said, "Diane, where do you get the time?" 521 00:43:23,468 --> 00:43:26,738 Because by the time she would leave my house and get home. 522 00:43:26,838 --> 00:43:30,308 It was 7:00 in the evening, or about that... 523 00:43:30,408 --> 00:43:35,613 Then she'd feed them dinner, then she would bathe them. 524 00:43:35,714 --> 00:43:40,719 Then she would take Bryan and read his book to him, and then put him into bed. 525 00:43:40,819 --> 00:43:46,658 Then she would cuddle with, pick up little Erin, and read her a book... 526 00:43:46,758 --> 00:43:50,195 And then carry her into bed. 527 00:43:50,295 --> 00:43:53,699 And then she found time to work on these little books. 528 00:43:53,799 --> 00:43:57,635 And then Danny would come home and she'd have a snack with Danny. 529 00:43:57,736 --> 00:44:00,271 But then she's back up again in the morning. 530 00:44:02,908 --> 00:44:07,679 I really uh, and she'd throw a load of laundry in the meantime. 531 00:44:07,779 --> 00:44:11,149 A mother, up all night, or what? You know... 532 00:44:11,249 --> 00:44:15,120 For someone to be so organized, you know. 533 00:44:17,522 --> 00:44:19,090 She made it look easy. 534 00:44:19,190 --> 00:44:21,659 And they worked opposite schedules, her and Danny... 535 00:44:21,760 --> 00:44:26,965 You know, which, you know, could be stressful. But she didn't make it seem that way. 536 00:44:28,366 --> 00:44:32,237 Bryan and Erin, my Erin, started preschool together. 537 00:44:32,337 --> 00:44:35,140 And we would see each other on a daily basis. 538 00:44:35,240 --> 00:44:38,944 I was the second parent there every day, and she was the first. 539 00:44:39,044 --> 00:44:43,982 And she came from Babylon, and I live right around the block from the preschool. 540 00:44:44,082 --> 00:44:48,686 She was not only on time, the kids were dressed impeccably. 541 00:44:48,787 --> 00:44:53,158 There was never like a stain on their shirt or toothpaste on the corner of their mouth. 542 00:44:53,258 --> 00:44:55,861 A hair out of place. Very on top of things. 543 00:44:55,961 --> 00:44:58,363 She chaperoned for school trips. 544 00:44:58,463 --> 00:45:03,168 She put herself on a list to donate things for school parties and everything... 545 00:45:03,268 --> 00:45:08,573 She did it all! You know, and she worked full time, so... 546 00:45:08,673 --> 00:45:13,111 GARBUS: So, do you think she was like, the super mom, that she never had? 547 00:45:13,211 --> 00:45:15,380 I think so, I think that drove her to be... 548 00:45:15,480 --> 00:45:19,484 You know, it definitely laid the groundwork for what type of a mother... 549 00:45:19,584 --> 00:45:21,552 You know, she was going to be. 550 00:45:21,652 --> 00:45:23,488 How do you... 551 00:45:23,588 --> 00:45:26,557 As an investigator, explain the toxicology report 552 00:45:26,657 --> 00:45:29,194 with high levels of marijuana... 553 00:45:29,294 --> 00:45:31,763 In Diane's system? How do you explain that? 554 00:45:31,863 --> 00:45:35,901 I can't explain it. But what I will tell you, is what we are doing... 555 00:45:36,001 --> 00:45:39,504 Is I want to determine if those results are correct. 556 00:45:39,604 --> 00:45:45,576 The Schuler family has been trying to raise the money among the family... 557 00:45:45,676 --> 00:45:51,216 To pay for the additional tests that need to be done to try and clear Diane's name. 558 00:45:51,316 --> 00:45:55,086 Daniel Schuler and the Schuler family felt so convinced... 559 00:45:55,186 --> 00:45:59,357 In, in Diane's reputation and her background... 560 00:45:59,457 --> 00:46:02,293 Which is substantiated so far by our investigation... 561 00:46:02,393 --> 00:46:05,230 That they went out and they paid out of their good money. 562 00:46:05,330 --> 00:46:07,866 For a private investigation firm to come in... 563 00:46:07,966 --> 00:46:11,502 And look at this, and take it where it leads it. 564 00:46:11,602 --> 00:46:16,074 All I know is that when I got, when this first happened, and we got... 565 00:46:16,174 --> 00:46:18,643 Dominic, and Dominic just gave us Tom. 566 00:46:18,743 --> 00:46:22,280 I'm like, all right, this guy is going to save the day. 567 00:46:22,380 --> 00:46:25,583 He's going to save the day, he's going to find out what happened to her... 568 00:46:25,683 --> 00:46:29,054 He just totally was like, "You're right, she wasn't drunk." 569 00:46:29,154 --> 00:46:33,224 He's like, "It just doesn't make sense, everyone who I spoke to." 570 00:46:33,324 --> 00:46:35,026 And then everything was about... 571 00:46:35,126 --> 00:46:36,461 "All right, well, we gotta get this done, 572 00:46:36,561 --> 00:46:38,897 "I'm going, I'm getting the samples. I'm getting this, 573 00:46:38,997 --> 00:46:42,467 I'm getting that, and we're going to need more money." 574 00:46:42,567 --> 00:46:47,338 Ten thousand dollars, then $30,000. We don't have this money! 575 00:46:47,438 --> 00:46:51,442 You know, we're taking it from here borrowing from Peter to pay Paul, and... 576 00:46:51,542 --> 00:46:54,312 Diane was the breadwinner. But I convinced everyone... 577 00:46:54,412 --> 00:46:58,316 Follow Tom. Tom's gonna do it. And nothing was done. 578 00:46:58,416 --> 00:46:59,885 Nothing was done. 579 00:46:59,985 --> 00:47:02,020 How do you do that to people? 580 00:47:02,120 --> 00:47:05,223 GARBUS: Have you spoken to Tom Ruskin at all? No. 581 00:47:06,257 --> 00:47:08,026 GARBUS: What happened there? 582 00:47:08,126 --> 00:47:14,132 Don't know. As soon as we paid him, he disappeared. 583 00:47:30,748 --> 00:47:34,285 GARBUS: What was Ruskin's job, what was he hired to do? 584 00:47:34,385 --> 00:47:36,287 Ruskin was hired to go up there... 585 00:47:36,387 --> 00:47:40,058 And start finding out things and collect information. 586 00:47:40,158 --> 00:47:44,395 I used him on two prior cases, and he'd done a very good job. 587 00:47:44,495 --> 00:47:47,132 Um, I don't know what happened here. 588 00:47:47,232 --> 00:47:49,467 I picked up the newspapers everyday... 589 00:47:49,567 --> 00:47:54,739 (STUTTERING) And I was, you know, with great chagrin, where's he going? 590 00:47:54,839 --> 00:47:58,109 I don't understand, we put our, we put our point out there. 591 00:47:58,209 --> 00:48:00,545 Now, let's wait and see what happens. 592 00:48:00,645 --> 00:48:03,982 There was, everyday, something new in the paper. 593 00:48:04,082 --> 00:48:07,218 I, I just wanted Ruskin to come under control! 594 00:48:07,318 --> 00:48:08,786 Have you interviewed him yet? 595 00:48:08,886 --> 00:48:11,822 GARBUS: We have been trying to set that up. 596 00:48:11,923 --> 00:48:15,593 (GARBUS AND RUSKIN ON TELEPHONE) 597 00:48:56,467 --> 00:49:00,438 It's just ironic that you can get these so quickly of helping us... 598 00:49:00,538 --> 00:49:03,674 And we've asked for these for a year. 599 00:49:15,120 --> 00:49:17,989 Oh that's when she was on the prenatal vitamins... 600 00:49:18,089 --> 00:49:20,458 For when she, um, was pregnant. 601 00:49:20,558 --> 00:49:24,262 JAY: Do you remember having her trouble sleeping? DANIEL: No. 602 00:49:24,362 --> 00:49:29,634 And she got, um, Hydrocodone, and, uh, that's the dentist. 603 00:49:29,734 --> 00:49:33,571 She would always do this. I noticed, always... 604 00:49:33,671 --> 00:49:35,573 Rubbing the side? Yep. 605 00:49:35,673 --> 00:49:38,143 I saw that, and her friends saw that too. 606 00:49:38,243 --> 00:49:40,378 She had a tooth that was bothering her. 607 00:49:40,478 --> 00:49:43,514 Okay, so, '04 she had the cleaning and x-rays... 608 00:49:43,614 --> 00:49:46,584 Yeah, she had it, she had the root canal. 609 00:49:46,684 --> 00:49:51,256 Then they went to go in and do more, she really would not get that finished. 610 00:49:51,356 --> 00:49:53,624 It was too, she just hated it right? 611 00:49:53,724 --> 00:49:55,193 Yeah, too much pain. 612 00:49:57,028 --> 00:50:00,398 Then an oral exam, no cleaning, so obviously she was still having pain. 613 00:50:00,498 --> 00:50:02,900 Wait, was that the last one? 614 00:50:03,000 --> 00:50:06,271 Wait, 7.31.08, that's a year before. 615 00:50:06,371 --> 00:50:10,108 Maybe it's the same tooth that was bothering her all since '05. 616 00:50:10,208 --> 00:50:13,111 That she never got worked on, and this is the one that they said she went... 617 00:50:13,211 --> 00:50:17,215 And then she left. They said that she left the dental office in the middle of it. 618 00:50:17,315 --> 00:50:21,852 All we wanted was a starting point of what happened to her. 619 00:50:21,952 --> 00:50:26,391 Because if she stopped for Advil, or Tylenol, or something... 620 00:50:26,491 --> 00:50:29,560 Something was bothering her. It was bad. 621 00:50:31,596 --> 00:50:35,333 Yeah, I feel like now I can look over these things all the time... 622 00:50:35,433 --> 00:50:38,269 But I'm just going to come to conclusions in my head. 623 00:51:08,266 --> 00:51:09,867 At approximately 1:00 p.m., 624 00:51:09,967 --> 00:51:11,869 Diane called Jackie Hance... 625 00:51:11,969 --> 00:51:16,474 And this is the phone call where she sounded disheveled and disoriented. 626 00:51:21,579 --> 00:51:23,914 He basically stated that she didn't sound like herself. 627 00:51:24,014 --> 00:51:27,852 And at one point she called him Danny, which is her husband's name. 628 00:51:27,952 --> 00:51:31,021 And he knew something was wrong, the kids were crying in the background. 629 00:51:31,122 --> 00:51:35,593 And he told his sister to sit put, that he'd be right up there. 630 00:51:39,029 --> 00:51:43,134 FISHMAN: When there is an incoherent phone call with her brother... 631 00:51:43,234 --> 00:51:46,070 Her oldest niece is apparently on the phone... 632 00:51:46,171 --> 00:51:51,242 Uh, to her parents saying, uh, "There's something wrong with Aunt Diane." 633 00:51:51,342 --> 00:51:53,744 They're saying, "Aunt Diane can't see." 634 00:51:53,844 --> 00:51:57,382 "Aunt Diane can't... Something's wrong with Aunt Diane." 635 00:51:57,482 --> 00:52:01,319 They were pulled over, at that point... 636 00:52:01,419 --> 00:52:03,754 And Emma told her dad where they were. 637 00:52:03,854 --> 00:52:07,792 Read me a sign, and she said "Tarrytown." 638 00:52:07,892 --> 00:52:14,432 Warren races up from where he is in Long Island... 639 00:52:14,532 --> 00:52:20,638 To the Tappan Zee Bridge, to try and find Diane. 640 00:52:33,050 --> 00:52:38,956 She leaves her phone on the Jersey barrier, the divider, at the Tappan Zee Bridge. 641 00:52:39,056 --> 00:52:42,126 The phone was located right after the Tappan Zee Bridge tolls... 642 00:52:42,227 --> 00:52:43,761 On a pull off, off to the right. 643 00:52:43,861 --> 00:52:46,864 Someone had found her cell phone sitting on a guide rail. 644 00:52:48,566 --> 00:52:50,901 BOYLE: Her entire route, up until the Tappan Zee Bridge... 645 00:52:51,001 --> 00:52:54,439 Is consistent of what she would have normally done. 646 00:52:54,539 --> 00:52:59,444 Then it becomes unclear as to why she got off the highway and where she went. 647 00:53:13,023 --> 00:53:14,124 INTERVIEWER: Are you all right? 648 00:53:14,225 --> 00:53:18,195 (LAUGHING) No! Quite frankly. 649 00:53:22,333 --> 00:53:25,603 GARBUS: Well, thanks for doing this. Mmm-hmm. 650 00:53:27,338 --> 00:53:29,173 GARBUS: Was she your closest friend? 651 00:53:29,274 --> 00:53:33,944 I would say, yeah. She was. 652 00:53:36,080 --> 00:53:38,783 And we were kinda not very similar in a lot of ways... 653 00:53:38,883 --> 00:53:42,620 Like, I'm a very easy-going person and let a lot of things pass, and... 654 00:53:42,720 --> 00:53:45,523 She was...she had to be in charge of everything, and... 655 00:53:45,623 --> 00:53:50,728 There was nothing left to chance, you know, everything had to be planned and precise. 656 00:53:50,828 --> 00:53:56,267 She was a powerful woman, she's very much in charge of everything. 657 00:53:56,367 --> 00:54:00,438 At work, at home, um, in the car, in the friendship. 658 00:54:00,538 --> 00:54:03,508 If you were with Diane, you pretty much... 659 00:54:03,608 --> 00:54:05,543 (LAUGHING) She, it was her way. 660 00:54:05,643 --> 00:54:08,112 You know, it was pretty much, if you said, you know, even... 661 00:54:08,212 --> 00:54:09,947 I would program the GPS in the car... 662 00:54:10,047 --> 00:54:13,451 And I just blindly follow the GPS, if I put an address in there. 663 00:54:13,551 --> 00:54:15,920 And she'd be like, "No, that's wrong, you know turn, you know..." 664 00:54:16,020 --> 00:54:18,956 You know, yeah, every step of the way you know she would... 665 00:54:19,056 --> 00:54:22,893 We, it would be rerouting itself because she wouldn't, you know... 666 00:54:22,993 --> 00:54:25,463 Allow me to follow the GPS. 667 00:54:25,563 --> 00:54:27,598 She's certainly not a perfect person. You know? 668 00:54:27,698 --> 00:54:31,035 If she loved you, she loved you, if she didn't like you, she could be difficult. 669 00:54:32,637 --> 00:54:35,806 You know, uh, you know she didn't let anything go... 670 00:54:35,906 --> 00:54:39,243 You know, she, you know, if somebody... 671 00:54:39,344 --> 00:54:43,881 Was rude, or, you know, she'd call them out right there, you know, um... 672 00:54:43,981 --> 00:54:48,185 She was okay as long as she was in control of everything. 673 00:54:48,285 --> 00:54:52,089 GARBUS: Did you guys ever have conversations about any kind of pain she was having? 674 00:54:52,189 --> 00:54:58,996 Um, you know, I know, I know she did have issues with um, like... 675 00:54:59,096 --> 00:55:01,599 Especially that last week, every time I would see her, 676 00:55:01,699 --> 00:55:03,300 she would be holding her jaw. 677 00:55:03,401 --> 00:55:04,902 Or moving her mouth around, you know, 678 00:55:05,002 --> 00:55:06,537 like moving her lower jaw. 679 00:55:06,637 --> 00:55:10,207 Knowing her, and knowing what kind of a person she was... 680 00:55:10,307 --> 00:55:14,612 Every day of her life, and how she conducted herself, um... 681 00:55:14,712 --> 00:55:20,785 As crazy as it sounds, people grasping for, um, you know, reasons. 682 00:55:20,885 --> 00:55:24,722 Um, it seems more plausible, to anybody who knows her... 683 00:55:24,822 --> 00:55:27,425 That something medical could have happened to her. 684 00:55:27,525 --> 00:55:29,026 GARBUS: Did she seem at all upset that week? 685 00:55:29,126 --> 00:55:30,561 No. Not at all. 686 00:55:30,661 --> 00:55:33,097 And Diane was not the type to ever hide her feelings. 687 00:55:33,197 --> 00:55:35,900 If she was upset with you, you knew she was upset with you. 688 00:55:36,000 --> 00:55:39,470 You know, she wasn't the type of person that would smile, if... 689 00:55:39,570 --> 00:55:45,810 You know, and just pretend, if something was wrong, she would have said something was wrong. 690 00:55:45,910 --> 00:55:48,713 GARBUS: Did she talk about her marriage with you? 691 00:55:48,813 --> 00:55:52,282 Not really about her marriage, you know... 692 00:55:52,383 --> 00:55:56,086 I know, to me she just appeared very content. 693 00:55:56,186 --> 00:56:02,493 You know, very, um, happy, with the way her life was... 694 00:56:04,395 --> 00:56:10,501 You know, never heard her, she wouldn't discuss her marriage, no. 695 00:56:11,969 --> 00:56:14,505 GARBUS: When was the last time you had spoken with her? 696 00:56:14,605 --> 00:56:16,507 NICOLE: About ten years. Ten years. Mmm-hmm. 697 00:56:16,607 --> 00:56:19,710 GARBUS: So, what happened with you guys, that you didn't speak for all that time? 698 00:56:19,810 --> 00:56:21,746 How did that work, how did that work out? 699 00:56:21,846 --> 00:56:24,181 You know, Danny just likes to be... 700 00:56:24,281 --> 00:56:27,718 Danny, and they like to do their own thing, I mean we never... 701 00:56:27,818 --> 00:56:29,854 Never got into a fight, there was never any argument. 702 00:56:29,954 --> 00:56:32,823 There was never a reason why we stopped talking, it just stopped. 703 00:56:32,923 --> 00:56:36,761 That's it. There's no, there's no rhyme or reason why it ended. 704 00:56:36,861 --> 00:56:39,363 I was actually the only one that was invited to the wedding. 705 00:56:39,464 --> 00:56:44,101 And I did not go. By choice, because that's, Diane and I... 706 00:56:44,201 --> 00:56:49,406 Didn't have as close of a bond as we had, and it was upsetting. 707 00:56:49,507 --> 00:56:53,110 And I had, I had my first child already. 708 00:56:53,210 --> 00:56:57,748 And, you know like, Diane wasn't there for that, which was weird. 709 00:56:57,848 --> 00:56:59,484 So... 710 00:57:03,420 --> 00:57:06,757 Excuse me. (SIGHS) 711 00:57:06,857 --> 00:57:10,394 Uh, so I think for me, like... 712 00:57:10,495 --> 00:57:18,035 I couldn't take part of this part of her life, without the connection we had. 713 00:57:18,135 --> 00:57:20,605 (SIGHS) Yes, so... 714 00:58:17,828 --> 00:58:20,164 I've seen her wear this. 715 00:58:33,510 --> 00:58:40,050 So, we can match the DNA, to my wife. 716 00:58:48,593 --> 00:58:52,663 GARBUS: And if that DNA does match the sample, what, what will come next? 717 00:58:53,530 --> 00:58:56,533 The medical part. Right. 718 00:58:57,935 --> 00:59:02,740 That's what I'm waiting for, the medical part of it. 719 00:59:11,048 --> 00:59:13,951 Yeah, so this was '05, four years before. 720 00:59:14,051 --> 00:59:18,756 Grinding teeth, sensitivity to cold, loose teeth and broken fillings... 721 00:59:18,856 --> 00:59:21,659 And tooth pain and jaw difficulty, pain. 722 00:59:21,759 --> 00:59:24,028 Does that say abscess? 723 00:59:24,128 --> 00:59:29,600 I wonder if that was the same tooth that was bothering her afterwards. 724 00:59:29,700 --> 00:59:33,838 You know what's so funny? She'd never even tell people she was going to the dentist. 725 00:59:34,739 --> 00:59:36,607 (GARBUS ASKING) 726 00:59:36,707 --> 00:59:42,179 No, never. Or that, yeah, she was fine, "I'm fine, I'm fine, I'm fine." 727 00:59:45,049 --> 00:59:48,252 Diane was a very private person. 728 00:59:48,352 --> 00:59:52,156 People who knew her said to me over and over again 729 00:59:52,256 --> 00:59:54,825 that Diane didn't talk about personal matters. 730 00:59:54,925 --> 01:00:00,430 She never articulated feelings about, uh, anybody. 731 01:00:00,530 --> 01:00:02,166 (PHONE BEEPS) 732 01:00:02,266 --> 01:00:04,669 GARBUS: (ON PHONE) Hi, this is Liz Garbus calling again. 733 01:00:04,769 --> 01:00:08,739 (PHONE RINGING) 734 01:00:08,839 --> 01:00:10,307 Her mom was like a non-issue. 735 01:00:10,407 --> 01:00:16,847 I don't really think she wanted to interact with her. 736 01:00:16,947 --> 01:00:19,817 She talked about her dad, she adored her dad. 737 01:00:19,917 --> 01:00:24,789 GARBUS: Do we know why her mom left her, her house, the house or left the dad? 738 01:00:25,656 --> 01:00:27,024 I did. 739 01:00:28,659 --> 01:00:30,995 GARBUS: So, you don't, you don't want to talk about her mom? 740 01:00:31,095 --> 01:00:33,130 No. I'm sorry. 741 01:00:35,199 --> 01:00:40,104 I don't even know 100%, the background of the divorce, I just know... 742 01:00:40,204 --> 01:00:43,573 Everybody, all, they were all very angry. 743 01:00:43,674 --> 01:00:45,509 The mother left with the next-door neighbor. 744 01:00:45,609 --> 01:00:47,244 I think it was like a family friend. 745 01:00:47,344 --> 01:00:50,681 But you know, she never complained about it, she never... 746 01:00:50,781 --> 01:00:56,053 Talked about it, like it was as if like, almost like she wasn't even there. 747 01:00:56,153 --> 01:00:58,756 One time, I talked with Diane's mother. 748 01:00:58,856 --> 01:01:01,826 And uh, she said, "I'm not the bad person." 749 01:01:01,926 --> 01:01:05,029 And... Whatever that meant. I don't know, so... 750 01:01:05,129 --> 01:01:10,835 I told, I told that to Diane when they came home and she didn't want no part of it. 751 01:01:10,935 --> 01:01:14,504 Diane's mother reached out, a time and again. 752 01:01:14,604 --> 01:01:19,376 Trying to reconcile, trying to develop a relationship with Diane. 753 01:01:19,476 --> 01:01:21,145 And Diane has brothers! 754 01:01:21,245 --> 01:01:26,183 And Diane's mother had a relationship with her sons, Diane's brothers. 755 01:01:26,283 --> 01:01:28,719 So it was really uniquely Diane... 756 01:01:28,819 --> 01:01:34,759 Who held some kind of unarticulated grudge against her mother. 757 01:01:34,859 --> 01:01:38,929 BURSZTAJN: Parents get divorced, but it's very rare that a nine-year-old-daughter, 758 01:01:39,029 --> 01:01:42,967 would not go for her mother in a divorce, at that particular point in time. 759 01:01:43,067 --> 01:01:49,239 So, Diane herself need to use some denial to go ahead and survive the trauma of being... 760 01:01:49,339 --> 01:01:51,341 Abandoned by her mother at the age of nine. 761 01:01:51,441 --> 01:01:54,111 Of course, it's very painful for a nine-year-old. 762 01:01:54,211 --> 01:01:58,015 And I think she had that vulnerability about her. 763 01:02:08,092 --> 01:02:13,097 (MEN TALKING ON TELEPHONE) 764 01:02:29,146 --> 01:02:30,881 SGT. TEMPLE: (ON PHONE) Okay. 765 01:02:41,892 --> 01:02:48,465 Just based on what Ms. Jackie Hance told me, that this was out of character... 766 01:02:48,565 --> 01:02:52,602 For her sister-in-law not to answer the phone, um... 767 01:02:52,702 --> 01:02:54,939 And also the fact that one of the children had mentioned... 768 01:02:55,039 --> 01:02:57,541 That her aunt wasn't feeling well. 769 01:02:57,641 --> 01:03:03,013 I asked, uh, Mrs. Hance if Diane Schuler had any history of medical problems. 770 01:03:03,113 --> 01:03:07,351 Um, I think I even asked her, you know, if she had any history of drug abuse. 771 01:03:07,451 --> 01:03:10,254 And again, these are questions that I would ask anybody. 772 01:03:10,354 --> 01:03:14,324 And she said, "No." Um, so at that point I kind of treated it... 773 01:03:14,424 --> 01:03:18,562 As an overdue motorist slash possible medical emergency. 774 01:03:18,662 --> 01:03:25,035 Um, but at that point, we were just checking to see if we could locate the van. 775 01:03:27,037 --> 01:03:31,775 ARCHER: There's a number of ways that she can get to the entrance of the Taconic. 776 01:03:31,876 --> 01:03:35,980 She could have gone up 9A and gone across, she could have gone up the Taconic, and... 777 01:03:36,080 --> 01:03:40,150 Simply made a U-Turn. So, how she got to... 778 01:03:40,250 --> 01:03:44,221 That exit ramp, we don't know. 779 01:03:47,491 --> 01:03:50,260 (PEOPLE TALKING ON PHONE) 780 01:04:35,139 --> 01:04:38,875 I got a phone call from my brother-in-law, Diane's brother. 781 01:04:41,145 --> 01:04:45,615 Then I uh got my keys, and my brother, and we went upstate. 782 01:04:45,715 --> 01:04:50,754 He asked me if I would take a ride uh with him back upstate. 783 01:04:50,854 --> 01:04:52,789 Because they couldn't find, find Diane. 784 01:04:52,889 --> 01:04:55,025 I was at work. And when I heard... 785 01:04:55,125 --> 01:05:02,166 Jimmy call and say, "Danny's coming over, he needs me, we're going to find Diane." 786 01:05:02,266 --> 01:05:05,402 At that point we just thought she wasn't feeling well. 787 01:05:17,982 --> 01:05:20,584 (LAUGHING) You don't want to touch that. 788 01:05:24,488 --> 01:05:27,357 This is an area where we set up our, our alcohol levels... 789 01:05:27,457 --> 01:05:31,528 For whatever sample we're testing, so it's blood, urine, brain. 790 01:05:31,628 --> 01:05:34,298 GARBUS: Is this where Diane Schuler's blood alcohol was tested? 791 01:05:34,398 --> 01:05:35,932 SPRATT: Yes. 792 01:05:36,033 --> 01:05:38,135 When we talk about the effect, first, of alcohol... 793 01:05:38,235 --> 01:05:43,607 The frontal lobe of your brain starts to be affected around 0.01 to 0.10 percent. 794 01:05:43,707 --> 01:05:49,213 SPRATT: Diane Schuler had just over 10 drinks in her, at the time that she died. 795 01:05:50,547 --> 01:05:53,517 Her blood alcohol was 0.19 percent... 796 01:05:53,617 --> 01:05:59,256 And the Vitreous humor was 0.23 percent... 797 01:05:59,356 --> 01:06:04,728 And the gastric contents were 0.25 percent alcohol levels. 798 01:06:05,929 --> 01:06:08,032 I'm a psychiatrist, uh... 799 01:06:08,132 --> 01:06:14,638 Trained in general psychiatry, and then did additional training in drugs and alcohol. 800 01:06:14,738 --> 01:06:20,277 Once you start getting over 0.2, then you start getting into alcohol toxicity. 801 01:06:20,377 --> 01:06:25,582 Um, that's the level where people are showing up, needing to show up in the ER. 802 01:06:25,682 --> 01:06:32,722 Uh, becoming unconscious, having blackouts, um, and even going into coma. 803 01:06:32,822 --> 01:06:35,059 And with the marijuana on board... 804 01:06:35,159 --> 01:06:37,127 One and one don't equal two anymore. 805 01:06:37,227 --> 01:06:42,432 Um, they potentiate each other, so then she's got the effect of the marijuana. 806 01:06:42,532 --> 01:06:44,401 As well as the effect of the alcohol. 807 01:06:44,501 --> 01:06:48,572 Alcohol may increase the absorption of the marijuana. 808 01:06:48,672 --> 01:06:54,578 So, that people who drink first may experience, uh, stronger effects. 809 01:06:54,678 --> 01:06:59,816 WEISS: So, if she wasn't accustomed to drinking and uh, smoking at the same time. 810 01:06:59,916 --> 01:07:03,553 The marijuana affected her so much more than she had anticipated. 811 01:07:03,653 --> 01:07:08,558 And marijuana being a hallucinogen, your cognitive function... 812 01:07:08,658 --> 01:07:12,829 Can get, can deteriorate pretty rapidly. 813 01:07:12,929 --> 01:07:17,234 SPRATT: The THC, which is the active ingredient in marijuana... 814 01:07:17,334 --> 01:07:20,737 Her level was 113 ng/mL. It was very high. 815 01:07:20,837 --> 01:07:23,673 So, we were able to tell based on research that... 816 01:07:23,773 --> 01:07:26,943 She could've smoked anywhere from 15 minutes to an hour... 817 01:07:27,043 --> 01:07:29,513 Before she, uh had this accident. 818 01:07:29,613 --> 01:07:33,683 Marijuana is our number one drug of choice after alcohol, or with alcohol. 819 01:07:33,783 --> 01:07:38,888 Um, it's in fact, it's outpacing alcohol, as being found in drunk drivers... 820 01:07:38,988 --> 01:07:40,690 Throughout the nation, not just here. 821 01:07:40,790 --> 01:07:43,127 GARBUS: One thing that they mention in these things, about the pot. 822 01:07:43,227 --> 01:07:45,995 I mean, what do you make about that? Yeah, that's not true at all. 823 01:07:46,096 --> 01:07:47,797 Not true at all. 824 01:07:47,897 --> 01:07:49,599 On a rare occasion she would, 825 01:07:49,699 --> 01:07:53,203 but definitely not that weekend. Absolutely not. 826 01:07:53,303 --> 01:07:55,672 GARBUS: Was it something she used to relax... 827 01:07:55,772 --> 01:07:58,642 Was it something she used for stress, was it something she used for fun, or? 828 01:07:58,742 --> 01:08:02,746 On an occasion, on an occasion to relax. 829 01:08:02,846 --> 01:08:07,184 That's all not true, everything you hear there is not true. 830 01:08:07,284 --> 01:08:10,487 GARBUS: When did she use marijuana? Did she use it when she was at work? Did she... 831 01:08:10,587 --> 01:08:15,425 No, no, it was I think mostly to be able to get a good night's sleep. 832 01:08:15,525 --> 01:08:17,561 I think it was after everything was done... 833 01:08:17,661 --> 01:08:20,530 Clothes were ironed, laundry's done, kids are in bed, books are read. 834 01:08:20,630 --> 01:08:24,268 Everything was done, and maybe she'd have some before she went to sleep. 835 01:08:24,368 --> 01:08:26,236 It wasn't like you would ever think she, you know... 836 01:08:26,336 --> 01:08:32,075 You'd never look at her and think she smoked pot. But some people do. 837 01:08:32,176 --> 01:08:35,512 GARBUS: Did she ever discuss it with you, like why she took it, or what was the... 838 01:08:35,612 --> 01:08:38,382 No, I just knew that she smoked. 839 01:08:40,850 --> 01:08:44,654 The question is why did she need to use marijuana to help her relax... 840 01:08:44,754 --> 01:08:48,225 To help her go to sleep. What was so painful for her? 841 01:08:50,026 --> 01:08:52,229 BURSZTAJN: There was something in her life which was uncontrollable. 842 01:08:52,329 --> 01:08:55,098 Basically from the age of nine on. 843 01:08:55,199 --> 01:08:57,834 If they cannot control what happened at the time it happened... 844 01:08:57,934 --> 01:09:03,173 They themselves become hyper responsible, tightly wound... 845 01:09:03,273 --> 01:09:06,943 And she was okay as long as she was in control. 846 01:09:07,043 --> 01:09:12,015 Having the history of an early loss or trauma definitely predisposes one... 847 01:09:12,115 --> 01:09:16,420 Toward, you know, both mood disorders and addictive disorders. 848 01:09:16,520 --> 01:09:21,591 So, statistically, she's at risk. 849 01:09:34,471 --> 01:09:37,574 The witnesses I interviewed, um... 850 01:09:37,674 --> 01:09:42,479 Had encountered Diane Schuler's vehicle just prior to the accident. 851 01:09:42,579 --> 01:09:45,515 They were getting off the Pleasantville Road exit... 852 01:09:45,615 --> 01:09:49,219 And they observed her coming at them the wrong way... 853 01:09:49,319 --> 01:09:51,888 Coming down the exit ramp, at Taconic. 854 01:09:57,894 --> 01:10:00,697 (HORN HONKING) 855 01:10:00,797 --> 01:10:03,633 PETER: It was literally as if we weren't even on the road. ELAINE: Yeah. 856 01:10:03,733 --> 01:10:07,437 She's coming towards us, you know, I mean, I'm blinking my lights... 857 01:10:07,537 --> 01:10:09,906 And beeping the horn and she's flailing... 858 01:10:10,006 --> 01:10:14,811 And we drove up on the grass because otherwise we would have been hit! 859 01:10:14,911 --> 01:10:18,114 She never put on a brake, she never... No. 860 01:10:18,214 --> 01:10:20,083 Even, her eyes didn't even move! 861 01:10:20,183 --> 01:10:24,554 It was just, I'm going where I wanna go, I'm doing what I need to do... 862 01:10:24,654 --> 01:10:27,056 I'm, I'm where I wanna be. Right. 863 01:10:27,156 --> 01:10:31,795 And then she went around the bend, onto the highway itself. 864 01:10:31,895 --> 01:10:34,864 We know that Diane Schuler enters the... 865 01:10:34,964 --> 01:10:37,801 Taconic State Parkway going south in the northbound lane. 866 01:10:37,901 --> 01:10:41,605 Approximately 1.7 miles north of the point of impact. 867 01:10:41,705 --> 01:10:49,679 She drives this 1.7 miles at a high rate of speed, and you have a dozen callers to 911. 868 01:10:49,779 --> 01:10:53,383 (HORNS HONKING) (PHONE RINGING) 869 01:10:54,284 --> 01:10:56,920 (PEOPLE TALKING ON PHONE) 870 01:11:08,532 --> 01:11:11,568 It was very surreal, seeing it coming at you, so what you had to do is... 871 01:11:11,668 --> 01:11:13,437 You know, thank god there was nobody on the side... 872 01:11:13,537 --> 01:11:15,204 I was able to go over a couple of lanes. 873 01:11:15,305 --> 01:11:17,173 As the van came by me, and... 874 01:11:17,273 --> 01:11:21,311 I said at the time, 70 miles an hour, because it was speeding right by. 875 01:11:21,411 --> 01:11:23,447 Dead pin straight, like pin straight. 876 01:11:23,547 --> 01:11:26,483 It wasn't doing this, it was dead pin straight. 877 01:11:26,583 --> 01:11:29,486 Right after it happened, that's when I called 911. 878 01:11:29,586 --> 01:11:32,956 (PEOPLE TALKING ON PHONE) 879 01:11:51,908 --> 01:11:54,177 You know, I, I just remember saying... 880 01:11:54,277 --> 01:11:58,815 "Oh my God, oh my God!" I was just, you know, trying to... 881 01:11:58,915 --> 01:12:02,519 You know, draw attention to get validation from... 882 01:12:02,619 --> 01:12:06,089 Rich, that maybe something peculiar was there on the road. 883 01:12:06,189 --> 01:12:09,359 My heart was going about, 200 you know beats a minute. 884 01:12:09,459 --> 01:12:15,298 And uh you know just to react quickly get out of the way, and then the car went past us. 885 01:12:15,399 --> 01:12:19,035 LOMA: It's like playing chicken, I mean, she was going straight on the road. 886 01:12:19,135 --> 01:12:23,106 We saw something coming at us, we reacted, we moved. 887 01:12:23,206 --> 01:12:24,908 She had no reaction at all! 888 01:12:25,008 --> 01:12:28,011 She didn't stop, she didn't slow down, she didn't move. 889 01:12:28,111 --> 01:12:33,049 I thought it was someone who was dead set on killing themselves. 890 01:12:33,149 --> 01:12:34,851 (ELEVATOR DINGS) 891 01:12:34,951 --> 01:12:36,820 DR. SPITZ: Good afternoon. Hi, Dr Spitz. 892 01:12:36,920 --> 01:12:40,189 I don't know if I can get up here, because I'm all wired. Yeah. 893 01:12:40,289 --> 01:12:41,658 It's very nice to meet you. How are you? 894 01:12:41,758 --> 01:12:43,827 Thank you for making the trip. Nice to meet you. 895 01:12:43,927 --> 01:12:45,895 We appreciate it. 896 01:12:58,975 --> 01:13:01,911 Eh, okay. 897 01:13:03,312 --> 01:13:07,751 The, uh, autopsy report includes, uh... 898 01:13:07,851 --> 01:13:13,690 Chemical analysis, toxicology, and I viewed some, uh... 899 01:13:13,790 --> 01:13:19,863 Witness statements and police statements... 900 01:13:19,963 --> 01:13:26,903 And, uh, I gained the impression that the autopsy was done properly. 901 01:13:27,003 --> 01:13:31,875 And was done...well. 902 01:13:32,942 --> 01:13:35,244 DR. SPITZ: Um... 903 01:13:35,344 --> 01:13:42,852 So, is there anything that would, based on the autopsy, account for this crash? 904 01:13:42,952 --> 01:13:45,855 Alcohol and marijuana, if you will. 905 01:13:47,491 --> 01:13:52,529 We obviously don't know much about this, but she would not do this. 906 01:13:52,629 --> 01:13:54,764 There's something wrong with this picture. 907 01:13:54,864 --> 01:13:57,467 And, I don't want her being a poster child... 908 01:13:57,567 --> 01:13:59,268 For drunk moms, because she would never do that. 909 01:13:59,368 --> 01:14:02,606 You tell me my sister does it, my sister who passed away. 910 01:14:02,706 --> 01:14:06,610 I tell you, "Yes, she probably was drinking, 100%." 911 01:14:06,710 --> 01:14:10,914 But, this just wasn't Diane. This wasn't his wife. 912 01:14:11,014 --> 01:14:15,218 She'd be the very one that would like, yell at us, or kick our butt. 913 01:14:15,318 --> 01:14:17,120 DR. SPITZ: What are we going to do? 914 01:14:17,220 --> 01:14:19,188 I just feel, which... 915 01:14:19,288 --> 01:14:24,227 You know, which is me being my strong opinion, as soon as they saw alcohol... 916 01:14:24,327 --> 01:14:25,629 It was all stopped. 917 01:14:25,729 --> 01:14:28,064 Okay, she was drunk, she was high, that's it. 918 01:14:28,164 --> 01:14:31,234 Categorize that, drunk mom driving with five kids in the car. 919 01:14:31,334 --> 01:14:32,702 What about the abscess tooth? 920 01:14:32,802 --> 01:14:36,039 DR. SPITZ: The which? Abscess tooth. 921 01:14:36,139 --> 01:14:37,473 DR. SPITZ: An abscess tooth. 922 01:14:37,574 --> 01:14:38,975 DANIEL: Could that cause a stroke? 923 01:14:39,075 --> 01:14:40,577 It doesn't necess... Could that cause a stroke? 924 01:14:40,677 --> 01:14:42,779 Yeah. DR. SPITZ: In theory, yes. 925 01:14:42,879 --> 01:14:47,951 But based on the autopsy, there is none that I saw on microscopy. 926 01:14:48,051 --> 01:14:52,922 A stroke is something like this. And it doesn't cause alcohol problems. 927 01:14:53,022 --> 01:14:55,959 But, could that reading be a mistake... 928 01:14:56,059 --> 01:14:58,895 Due to other medical conditions that people don't know that she had? 929 01:14:58,995 --> 01:15:03,567 It could, but the question of the alcohol will always prevail. 930 01:15:03,667 --> 01:15:10,239 So, say we exhume the body, and there's a really bad abscess tooth. 931 01:15:11,541 --> 01:15:12,942 We have X-rays, from years ago. 932 01:15:13,042 --> 01:15:15,244 DR. SPITZ: But the question will still prevail... 933 01:15:15,344 --> 01:15:17,781 How could it have caused alcohol in the picture? Maybe... 934 01:15:17,881 --> 01:15:22,251 Maybe she had a stroke and by mistake she thought that was water, and drank it? 935 01:15:23,620 --> 01:15:25,689 We don't, if someone tells us... 936 01:15:25,789 --> 01:15:27,791 We wanna know what physically happened to her, that... 937 01:15:27,891 --> 01:15:31,160 If she did have alcohol in her, did she stop, and... 938 01:15:31,260 --> 01:15:35,264 Be incoherent, and do something medically happened to her, that... 939 01:15:35,364 --> 01:15:37,266 We're even willing to bet... 940 01:15:37,366 --> 01:15:39,335 To say that, but there's no way... 941 01:15:39,435 --> 01:15:43,072 If she was in a right state of mind, that she would go and take that bottle. 942 01:15:43,172 --> 01:15:45,208 So, now if you tell me she was having a stroke... 943 01:15:45,308 --> 01:15:46,843 Or she was hallucinating, 944 01:15:46,943 --> 01:15:48,845 or she was this, or she was that, due to an abscess... 945 01:15:48,945 --> 01:15:50,814 We're going to have to live with that. 946 01:15:50,914 --> 01:15:55,151 If she did have an abscess, she could have had such pain... 947 01:15:55,251 --> 01:16:00,556 She takes whatever's available, to alleviate the pain. 948 01:16:00,657 --> 01:16:02,058 Thinking, no, I don't think so. 949 01:16:02,158 --> 01:16:03,827 I think... She wouldn't do it to ease pain. 950 01:16:03,927 --> 01:16:06,229 She'd either have to be not thinking it's water, or... 951 01:16:06,329 --> 01:16:08,064 DR. SPITZ: Well, she's not thinking clearly because she has a tooth abscess. 952 01:16:08,164 --> 01:16:10,333 Right. That's what I'm thinking. Right. 953 01:16:10,433 --> 01:16:17,540 Okay. So, if she had a tooth abscess, what you could do is say to yourself... 954 01:16:17,641 --> 01:16:23,613 She had severe pain, and she had to alleviate that pain, now. 955 01:16:23,713 --> 01:16:26,082 Not in an hour, now. 956 01:16:26,182 --> 01:16:27,851 So, she drank 1.9? 957 01:16:27,951 --> 01:16:30,053 In 45 minutes? DR. SPITZ: Well, you know... 958 01:16:30,153 --> 01:16:32,756 That's for someone who drank once a month maybe? 959 01:16:32,856 --> 01:16:36,492 Look, it really doesn't make sense my trying to convince you. 960 01:16:36,592 --> 01:16:40,730 You have to have your satisfaction. 961 01:16:40,830 --> 01:16:43,599 Your satisfaction is only if you're gon... 962 01:16:43,700 --> 01:16:47,603 Is only going to be achieved if you send it to another laboratory. 963 01:16:47,704 --> 01:16:48,805 DR. SPITZ: To redo it. 964 01:16:48,905 --> 01:16:50,373 So, that would be the next step. 965 01:16:50,473 --> 01:16:52,942 DR. SPITZ: That's the only way I know what to tell you. 966 01:16:53,042 --> 01:16:55,879 And then also with, and then with exhuming. 967 01:16:55,979 --> 01:16:58,915 JAY: That's the way to go, right? DANIEL: Yep. 968 01:17:00,516 --> 01:17:04,153 It's very frustrating. People have promised us the world. 969 01:17:04,253 --> 01:17:06,322 That they were going to find out, get to the bottom of it. 970 01:17:06,422 --> 01:17:09,425 Retest everything, do this and do that, and nobody has done anything... 971 01:17:09,525 --> 01:17:10,994 It's a year and three months. 972 01:17:11,094 --> 01:17:12,729 DR. SPITZ: You mean, when you say people, you mean... 973 01:17:12,829 --> 01:17:14,630 Our investigator was supposed to get the samples... 974 01:17:14,731 --> 01:17:16,499 And send them to another lab to check DNA. 975 01:17:16,599 --> 01:17:17,834 DR. SPITZ: And he didn't do it? Not... 976 01:17:17,934 --> 01:17:19,803 BOTH: We don't know. 977 01:17:19,903 --> 01:17:22,638 That's what we've been asking for. 978 01:17:23,572 --> 01:17:25,308 Right? Yup. 979 01:17:25,408 --> 01:17:31,080 And we do appreciate you looking at everything, and doing this. 980 01:17:32,148 --> 01:17:34,083 Thank you so much. 981 01:17:34,183 --> 01:17:36,452 DR. SPITZ: Yeah, you're welcome. 982 01:17:36,552 --> 01:17:42,091 I, uh, I sincerely hope that you find peace with this. 983 01:17:47,030 --> 01:17:52,802 Five o'clock. I need, like, 100 cigarettes. 984 01:17:54,337 --> 01:17:55,905 (ELEVATOR DINGS) 985 01:18:02,045 --> 01:18:03,612 (SIGHS) 986 01:18:03,713 --> 01:18:05,081 So... 987 01:18:09,252 --> 01:18:11,955 Why are you looking at me like that? 988 01:18:15,424 --> 01:18:17,093 You don't feel encouraged? 989 01:18:18,427 --> 01:18:20,496 DANIEL: Did you? 990 01:18:20,596 --> 01:18:23,833 I feel encouraged enough that he's willing to protest it. 991 01:18:26,402 --> 01:18:28,237 (ELEVATOR DINGS) 992 01:19:01,637 --> 01:19:06,709 Yeah, I was a little surprised of how, they're very, um... 993 01:19:06,810 --> 01:19:10,880 A little surprised that he doesn't think there was an error. 994 01:19:10,980 --> 01:19:13,516 Hopefully, we'll be pleasantly surprised. 995 01:19:15,885 --> 01:19:20,523 No one, like, in my family knows I smoke, so this is gonna... 996 01:19:20,623 --> 01:19:23,026 This is gonna be funny. 997 01:19:32,902 --> 01:19:36,139 (PHONE BEEPS) 998 01:19:36,239 --> 01:19:38,074 (PHONE RINGING) 999 01:19:38,174 --> 01:19:39,608 MARIA: (ON PHONE) Maria speaking. 1000 01:19:39,708 --> 01:19:41,144 I need Therese, please. MARIA: Sure. 1001 01:19:41,244 --> 01:19:43,612 Thank you. 1002 01:19:43,712 --> 01:19:44,814 (KNOCK ON DOOR) 1003 01:19:44,914 --> 01:19:46,615 Therese, come in, please. 1004 01:19:46,715 --> 01:19:51,320 I had a conversation with the lab, and they indicated to me... 1005 01:19:51,420 --> 01:19:55,158 That, um, Tom Ruskin had sent them the samples... 1006 01:19:55,258 --> 01:19:57,460 And that they had given Tom Ruskin results... 1007 01:19:57,560 --> 01:19:59,362 But they couldn't give me any further information... 1008 01:19:59,462 --> 01:20:01,330 Because that all belonged to Tom Ruskin... 1009 01:20:01,430 --> 01:20:03,967 And we would have to go through Tom Ruskin to get that information. 1010 01:20:04,067 --> 01:20:06,069 DOMINIC: And did we call to get the results? 1011 01:20:06,169 --> 01:20:08,104 They won't give it, to who? To Tom Ruskin? DOMINIC: Yeah. 1012 01:20:08,204 --> 01:20:10,573 We did, that's when we started to place all those phone calls. 1013 01:20:10,673 --> 01:20:12,208 He didn't respond to us. 1014 01:20:12,308 --> 01:20:14,978 Did he ever send me any samples, letters, anything? 1015 01:20:15,078 --> 01:20:18,447 No. We never heard from him about any of that. 1016 01:20:18,547 --> 01:20:21,985 The biggest problem I have in this case is what happened with the investigator. 1017 01:20:22,085 --> 01:20:24,553 And that's something I have to live with. 1018 01:20:33,096 --> 01:20:36,532 So, Danny couldn't call the lab, even though he retained Tom? 1019 01:20:36,632 --> 01:20:39,869 GARBUS: That seems crazy, but it seems to be the case. 1020 01:20:39,969 --> 01:20:42,505 (PHONE BEEPING) 1021 01:20:42,605 --> 01:20:44,740 (PHONE RINGING) 1022 01:20:44,840 --> 01:20:47,343 TOM: (ON VOICEMAIL MESSAGE) Hi, I can't pick up your call right now... 1023 01:20:47,443 --> 01:20:51,881 So, please at the tone, leave a message and I'll call you back as quickly as I can. 1024 01:20:51,981 --> 01:20:53,416 (PHONE BEEPS) 1025 01:20:53,516 --> 01:20:59,055 Hi Tom, it's Jay Schuler, um, long time no talk. 1026 01:20:59,155 --> 01:21:01,390 I really, really, really need to talk to you. 1027 01:21:01,490 --> 01:21:04,627 And I really need you to call me back. Thanks, bye. 1028 01:21:04,727 --> 01:21:06,195 (PHONE BEEPS OFF) 1029 01:21:11,334 --> 01:21:13,469 There's just so much pushing I can do. 1030 01:21:13,569 --> 01:21:17,506 Between taking care of my son, and working, there's just so much I can do. 1031 01:21:17,606 --> 01:21:23,246 It's...you know, it's getting old fast. GARBUS: Right. 1032 01:21:24,313 --> 01:21:26,182 GARBUS: What's getting old? 1033 01:21:26,282 --> 01:21:31,154 Everything. Next interview's gonna be in Alaska somewhere... 1034 01:21:31,254 --> 01:21:33,522 So, we can hop on a plane. I'm kidding, but... 1035 01:21:33,622 --> 01:21:36,425 It just you know, there's so much I can do. 1036 01:21:38,294 --> 01:21:41,064 He has different views, and, it's black and white with him. 1037 01:21:41,164 --> 01:21:45,668 Very black and white, and he has completely different views about things, and... 1038 01:21:45,768 --> 01:21:48,104 You know, he's, I don't get it... 1039 01:21:48,204 --> 01:21:50,306 I know it sounds stupid but he's off all day. 1040 01:21:50,406 --> 01:21:54,343 You know, you're off all day, you don't even, no offense, you don't even see Bryan. 1041 01:21:54,443 --> 01:21:56,812 You bring him to school, you see him for five minutes and you go. 1042 01:21:56,912 --> 01:22:00,716 I'm working 14 hours, and then I'm going over there and I'm doing things. Like, I don't... 1043 01:22:00,816 --> 01:22:03,419 Understand what you're doing to me. Like, why are you getting crazy? 1044 01:22:03,519 --> 01:22:06,522 You're off all day. It's driving me insane. 1045 01:22:06,622 --> 01:22:08,891 So, I told him, if this is how it starts, you're going to go back... 1046 01:22:08,992 --> 01:22:10,559 You're gonna start working during the day... 1047 01:22:10,659 --> 01:22:12,461 And, you're gonna find out what a real working parent feels like. 1048 01:22:12,561 --> 01:22:14,797 I said, because you have it made right now... 1049 01:22:14,897 --> 01:22:19,102 And he's driving, and everyone is like, waiting to put their foot down about him. 1050 01:22:31,214 --> 01:22:33,382 Like, he doesn't realize how he comes off sometimes. 1051 01:22:33,482 --> 01:22:35,784 Like, he'll be like, Bryan will be looking at something, he's like... 1052 01:22:35,884 --> 01:22:37,386 "Pick, clean it up, come on, let's go." 1053 01:22:37,486 --> 01:22:41,524 And Bryan, he's looking at a picture of Mommy and Erin. 1054 01:22:41,624 --> 01:22:43,726 And he's, and he's like, "Yeah, yeah, yeah, yep, yep... 1055 01:22:43,826 --> 01:22:45,961 "Yeah, you're right, I miss them too, blah, blah, blah." 1056 01:22:46,062 --> 01:22:47,696 And, I said, "You don't notice how you sound." 1057 01:22:47,796 --> 01:22:49,498 You don't sound like, "Oh, that's all right Bry... 1058 01:22:49,598 --> 01:22:51,634 "I know you miss them, blah, blah, blah." 1059 01:22:51,734 --> 01:22:53,736 He's like, "What do you mean? That's not going to bring them back." 1060 01:22:53,836 --> 01:22:56,272 "He has to know, this is life, this is the way life is now." 1061 01:22:56,372 --> 01:22:59,342 I'm like, okay, but he can cry... 1062 01:22:59,442 --> 01:23:03,479 You can cry, we can all cry. "What is that gonna do?" 1063 01:23:03,579 --> 01:23:05,648 Well, let him be sad. 1064 01:23:10,319 --> 01:23:13,356 But the only positive thing is that we got Bryan in therapy. 1065 01:23:13,456 --> 01:23:17,893 Because, uh, Bryan was having a very bad meltdown the last month. 1066 01:23:17,993 --> 01:23:20,396 Extremely bad, about Mommy. 1067 01:23:20,496 --> 01:23:22,465 And he doesn't want to hear it, Danny. 1068 01:23:22,565 --> 01:23:26,102 But, I spoke to the pediatrician, and the pediatrician told him. 1069 01:23:26,202 --> 01:23:27,570 "You have to get him enrolled." 1070 01:23:27,670 --> 01:23:30,406 So, we have an appointment tomorrow at 10:30 a.m. 1071 01:23:39,615 --> 01:23:41,684 And I told him he has to work on forgiveness about Diane... 1072 01:23:41,784 --> 01:23:45,421 Because, he does not forgive her at all right now, for what's happened. 1073 01:23:45,521 --> 01:23:47,956 And the reason why he doesn't forgive her is, he said... 1074 01:23:48,057 --> 01:23:50,326 "I never wanted to have kids." 1075 01:23:50,426 --> 01:23:53,196 And this is where I'm left right now. 1076 01:23:53,296 --> 01:23:56,865 And she was supposed to do all this. 1077 01:23:56,965 --> 01:23:59,668 I said, okay, well, it's all right to be pissed at her. 1078 01:23:59,768 --> 01:24:02,371 You know everyone's pissed at her, I said, that's okay. 1079 01:24:02,471 --> 01:24:04,607 I said, but you're going to have to work through it. 1080 01:24:04,707 --> 01:24:09,044 And he's like, "What's there to work through? This is my life. This is it." 1081 01:24:28,631 --> 01:24:32,935 There will never be a concrete answer with absolute certainty... 1082 01:24:33,035 --> 01:24:36,939 Which can be given, as to what happened. 1083 01:24:37,039 --> 01:24:41,110 BURSZTAJN: But there are several, you know, plausible hypotheses. 1084 01:24:44,247 --> 01:24:46,515 Is it possible that the day in question... 1085 01:24:46,615 --> 01:24:51,254 She was in so much pain she wanted an analgesics, gel capsules. 1086 01:24:51,354 --> 01:24:52,988 When that wasn't available... 1087 01:24:53,088 --> 01:24:55,791 Could she have just anesthetized her physical pain, by... 1088 01:24:55,891 --> 01:24:59,362 Maybe just taking one drink so she could relax enough... 1089 01:24:59,462 --> 01:25:03,266 To drive, and then she lost control, and she... 1090 01:25:03,366 --> 01:25:06,569 Lost perspective as to how much she was drinking? 1091 01:25:08,571 --> 01:25:11,374 That kind of slippery slope does occur... 1092 01:25:11,474 --> 01:25:13,842 In people who have a deep pain sensitivity... 1093 01:25:13,942 --> 01:25:17,680 Who cannot stand feeling helpless and who feel they need to be perfect. 1094 01:25:17,780 --> 01:25:21,350 And she has had reasons in her life for all three. 1095 01:25:24,086 --> 01:25:31,494 WEISS: Did she consume an initial small amount in her right mind, not impaired? 1096 01:25:31,594 --> 01:25:33,562 Did she think, because the kids were there, did she... 1097 01:25:33,662 --> 01:25:36,765 Think that she had to get in a lot quickly? 1098 01:25:36,865 --> 01:25:39,935 And misjudged, um... 1099 01:25:40,035 --> 01:25:43,172 And, in fact, shot her blood alcohol concentration up... 1100 01:25:43,272 --> 01:25:45,441 Much higher than she thought it would? 1101 01:25:45,541 --> 01:25:47,776 And then, something happened... 1102 01:25:47,876 --> 01:25:50,879 That she then consumed in a way that was... 1103 01:25:50,979 --> 01:25:53,849 Very dangerous and very unlike her. 1104 01:25:53,949 --> 01:25:57,586 You know, there was something beyond intoxication. 1105 01:25:57,686 --> 01:26:00,789 Did she have a florid infection going on? 1106 01:26:00,889 --> 01:26:02,325 Did she have a fever? 1107 01:26:02,425 --> 01:26:09,198 That, combined with the, um, marijuana and alcohol... 1108 01:26:09,298 --> 01:26:13,469 Could certainly, uh, precipitate a delirium. 1109 01:26:19,775 --> 01:26:24,112 A brain event got triggered, where she was, beyond poor judgment. 1110 01:26:24,213 --> 01:26:25,914 That she was not in her right mind. 1111 01:26:26,014 --> 01:26:28,884 That we don't know what she was thinking, hearing, or feeling. 1112 01:26:33,289 --> 01:26:35,858 (PHONE RINGING) 1113 01:26:35,958 --> 01:26:37,360 (PHONE BEEPS ON) 1114 01:26:37,460 --> 01:26:39,895 JAY: Hi, Tom, I do appreciate you calling me back. 1115 01:26:39,995 --> 01:26:42,064 TOM: (ON PHONE) I'll always call you back. 1116 01:26:42,164 --> 01:26:45,734 Yeah, no, I was, um, I'm just, you know what Tom... I'm just so, like... 1117 01:26:45,834 --> 01:26:48,937 I'm just so upset, because I don't know what happened. 1118 01:26:49,037 --> 01:26:50,839 TOM: With what? 1119 01:26:50,939 --> 01:26:54,310 All I know, is that when I spoke to Therese, that she said that... 1120 01:26:54,410 --> 01:26:56,645 We needed you to get an approval... 1121 01:26:56,745 --> 01:26:59,282 To say that they can release some things. 1122 01:26:59,382 --> 01:27:01,384 TOM: Let's, let's put it this way, all right? 1123 01:27:01,484 --> 01:27:06,221 As I promised Danny, we were tested at the beginning of last year. 1124 01:27:06,322 --> 01:27:08,524 And I devoted my time... 1125 01:27:08,624 --> 01:27:11,394 Because there was no additional moneys... 1126 01:27:11,494 --> 01:27:14,897 But I sent the results to them. 1127 01:27:14,997 --> 01:27:16,164 To Dominic? 1128 01:27:16,265 --> 01:27:19,101 TOM: I never even heard back. 1129 01:27:19,201 --> 01:27:21,404 And I called Danny, you... 1130 01:27:21,504 --> 01:27:25,240 Well, I was told not to pick up, because at this point... 1131 01:27:25,341 --> 01:27:28,877 They didn't feel that, they didn't believe that you were doing anything. 1132 01:27:28,977 --> 01:27:32,848 TOM: So, whenever that was, I was trying to give you the results of the test. 1133 01:27:32,948 --> 01:27:34,517 Ugh. 1134 01:27:35,651 --> 01:27:37,520 I don't know what to do anymore. 1135 01:27:37,620 --> 01:27:43,726 Well, we retested the samples, and it came back the same. 1136 01:27:43,826 --> 01:27:47,530 The toxicology in the autopsy was correct. 1137 01:27:47,630 --> 01:27:50,299 But, can't you see like how confused I am now? 1138 01:27:51,767 --> 01:27:55,170 We'll never know if Diane purposely did this. 1139 01:27:55,270 --> 01:27:57,039 We'll never know. 1140 01:27:57,139 --> 01:28:00,509 Tom, you know, I'm just like spinning around in circles. 1141 01:28:00,609 --> 01:28:03,546 And I can understand. 1142 01:28:03,646 --> 01:28:05,448 I got one person saying one thing... 1143 01:28:05,548 --> 01:28:07,483 I got another person saying another thing. 1144 01:28:07,583 --> 01:28:10,052 And then I do believe that Diane wasn't drinking... 1145 01:28:10,152 --> 01:28:14,289 And all I wanna do is prove that if she, if there was alcohol, what happened to her? 1146 01:28:14,390 --> 01:28:17,560 All I can tell you is all tests are consistent... 1147 01:28:17,660 --> 01:28:20,863 If Diane had drank and been high that day. 1148 01:28:20,963 --> 01:28:23,231 It's just like overwhelming... So, you just, you tell me... 1149 01:28:23,332 --> 01:28:25,133 You tell me. Listen... 1150 01:28:25,233 --> 01:28:26,702 I've always been straight with you. 1151 01:28:26,802 --> 01:28:28,871 If, you believe me or not, I can't help that. 1152 01:28:28,971 --> 01:28:31,407 Tom, that's the whole thing, I've always believed you. 1153 01:28:31,507 --> 01:28:36,745 TOM: Well, I will tell you one thing further, the DNA was hers. 1154 01:28:38,881 --> 01:28:41,817 JAY: So, what am I supposed to do now, Tom? 1155 01:28:41,917 --> 01:28:45,921 You tell me. I mean, I'm I'm returning your call. 1156 01:28:47,222 --> 01:28:49,324 (SNIFFLES) I don't know. 1157 01:29:04,407 --> 01:29:06,609 (PHONE RINGING) 1158 01:29:08,577 --> 01:29:11,346 (PEOPLE TALKING ON PHONE) 1159 01:29:22,090 --> 01:29:25,360 (WOMAN SCREAMING) 1160 01:29:58,494 --> 01:30:05,901 FISHMAN: Diane Schuler drives against traffic for 1.7 miles in the fast lane. 1161 01:30:06,001 --> 01:30:08,704 Never veers, um... 1162 01:30:08,804 --> 01:30:13,408 Seems to have a serene, almost oblivious look on her face... 1163 01:30:14,577 --> 01:30:16,845 And kills eight people. 1164 01:30:16,945 --> 01:30:21,149 The worst accident in recent memory. 1165 01:30:21,249 --> 01:30:24,186 ARCHER: Diane Schuler hits the Bastardi vehicle. 1166 01:30:24,286 --> 01:30:27,856 The Bastardi vehicle then crashes into vehicle number 3. 1167 01:30:27,956 --> 01:30:33,228 And the Schuler vehicle goes off the road, down the hill, rotating... 1168 01:30:33,328 --> 01:30:37,099 And eventually begins to burn. 1169 01:30:40,836 --> 01:30:44,006 A lady was screaming in Spanish, there was kids in the car. 1170 01:30:44,106 --> 01:30:46,909 So, I went down the hill with this other fellow... 1171 01:30:47,009 --> 01:30:48,844 And we were trying to get the door open... 1172 01:30:48,944 --> 01:30:50,979 The door wouldn't open we couldn't get the sliding door. 1173 01:30:51,079 --> 01:30:53,015 We were looking for the driver, we couldn't find her. 1174 01:30:53,115 --> 01:30:56,118 The car was fully engulfed in the front. 1175 01:31:14,069 --> 01:31:15,904 MARTZ: We were the first ones there. 1176 01:31:16,004 --> 01:31:18,641 And we just kind of circled the car, checking the doors. 1177 01:31:18,741 --> 01:31:20,208 He checked the other side, I checked... 1178 01:31:20,308 --> 01:31:22,477 The driver's side, it was locked. I went around. 1179 01:31:22,578 --> 01:31:29,685 And then, um, ended up breaking the passenger side window to unlock the door. 1180 01:31:31,554 --> 01:31:33,055 We finally got the door open, that... 1181 01:31:33,155 --> 01:31:35,524 Guy that I was with he could open the door... 1182 01:31:35,624 --> 01:31:38,160 And her body fell on top of our legs. 1183 01:31:53,241 --> 01:32:00,949 When she fell out, she, like, rolled into the two of us that were standing there. 1184 01:32:01,049 --> 01:32:04,753 We literally had to step over her to reach in for the kids. 1185 01:32:04,853 --> 01:32:08,757 BLAIKIE: And then we were just concentrating on getting the kids out of the burning car. 1186 01:32:08,857 --> 01:32:11,894 They were piled on top of each other. 1187 01:32:11,994 --> 01:32:14,396 One of the fellows handed me the girl. 1188 01:32:14,496 --> 01:32:19,101 I laid her down on the grass, put my head on her chest to hear her, I talked to her... 1189 01:32:19,201 --> 01:32:22,871 (CRYING) I prayed to Jesus to help her wake up. 1190 01:32:22,971 --> 01:32:25,674 (SNIFFLES) Please make her wake up. 1191 01:32:27,409 --> 01:32:29,578 She wouldn't wake up. 1192 01:32:42,758 --> 01:32:47,896 BOYLE: At 1:30 p.m., I got a phone call from the traffic management center. 1193 01:32:47,996 --> 01:32:49,898 The traffic was completely stopped. 1194 01:32:49,998 --> 01:32:52,267 I had to drive on the shoulder of the road to get there. 1195 01:32:52,367 --> 01:32:54,737 WITNESS: Damn, son... 1196 01:32:57,205 --> 01:32:59,141 When I got to the scene I saw, uh... 1197 01:32:59,241 --> 01:33:02,845 A minivan which was burned in the median down a hill. 1198 01:33:05,180 --> 01:33:10,686 I also saw two SUVs, northbound, on the, uh, Taconic State Parkway. 1199 01:33:10,786 --> 01:33:13,555 Uh, these vehicles had extensive damage to them. 1200 01:33:13,656 --> 01:33:17,525 Some of the people in the cars got involved and actively tried to help. 1201 01:33:17,626 --> 01:33:21,730 Some were on the phone with 9-11, and um... 1202 01:33:21,830 --> 01:33:24,967 Some were just screaming. The scene was very chaotic. 1203 01:33:34,677 --> 01:33:38,046 LAGRIPPO: I uh, proceeded... 1204 01:33:38,146 --> 01:33:44,787 To look for any other signs of life, from the other victims, and... 1205 01:33:44,887 --> 01:33:48,691 I immediately noticed uh, a little boy. 1206 01:33:50,058 --> 01:33:52,527 Bryan was hurt, he was hurt pretty badly. 1207 01:33:52,627 --> 01:33:56,064 Um, he was combative, he was crying, which is a good sign. 1208 01:33:56,164 --> 01:34:00,969 And um, that's why I um, immediately put him in the first ambulance. 1209 01:34:02,871 --> 01:34:06,441 BLAIKIE: I didn't even know he was there, but he was underneath everybody. 1210 01:34:06,541 --> 01:34:08,310 Thank God he was underneath. 1211 01:34:10,713 --> 01:34:14,817 Then I went to the top of the hill and I lost it, started crying. 1212 01:34:16,584 --> 01:34:20,655 And I tried to go help the other fellows that were in the car crash. 1213 01:34:23,658 --> 01:34:26,628 And they were dead, I felt all their pulses, they were dead. 1214 01:34:26,729 --> 01:34:29,798 They were hanging... One fellow was hanging out of the car... 1215 01:34:32,067 --> 01:34:37,372 There were some people who did attempt to take pictures of the victims, which um... 1216 01:34:37,472 --> 01:34:41,810 We wouldn't allow. We put sheets up to preserve their dignity. 1217 01:34:41,910 --> 01:34:44,813 It was the only thing we could have done at that point. 1218 01:34:46,114 --> 01:34:48,283 There was no one more to help. 1219 01:35:40,635 --> 01:35:43,271 Jackie sent this card to Evan. 1220 01:35:44,339 --> 01:35:45,774 It says, "Hi Evan. 1221 01:35:45,874 --> 01:35:49,277 (READING) "I miss seeing you, Bryan, and your mom, and whole family. 1222 01:35:49,377 --> 01:35:54,049 "Warren and I are broken, but you need to go and have a happy life. 1223 01:35:54,149 --> 01:35:57,519 "By doing this, you will show Bryan that he can do the same. 1224 01:35:57,619 --> 01:36:04,426 "My life ended July 26th, 2009, for whatever reason my purpose for living was taken. 1225 01:36:04,526 --> 01:36:07,762 "When you have children one day, you will understand..." 1226 01:36:07,863 --> 01:36:10,465 "You live and breathe for your kids. 1227 01:36:10,565 --> 01:36:14,269 "Warren is having a hard time, all the women in his life have left him. 1228 01:36:14,369 --> 01:36:16,071 "And he won't let me out of his sight. 1229 01:36:16,171 --> 01:36:20,075 "I pray our pain ends soon, and I can see my girls. 1230 01:36:21,009 --> 01:36:22,777 "Give Bryan a hug and kiss. 1231 01:36:22,878 --> 01:36:27,850 "And know that you are a great person with a lot to give. Love, Jackie." 1232 01:36:42,264 --> 01:36:44,632 Whatever happened in this tragedy... 1233 01:36:44,732 --> 01:36:51,106 There was no evidence that Diane Schuler was a bad person. 1234 01:36:51,206 --> 01:36:55,210 What evidence we have is that she was a very good mom... 1235 01:36:55,310 --> 01:36:57,045 And a very good person generally. 1236 01:36:57,145 --> 01:37:00,382 Maybe a bit too good, a bit of a perfectionist. 1237 01:37:00,482 --> 01:37:05,153 I don't see any evidence that was she did was intentional. 1238 01:37:05,253 --> 01:37:10,325 Given the fact that she was generally someone with very high standards for herself. 1239 01:37:10,425 --> 01:37:13,195 For someone very socially connected... 1240 01:37:13,295 --> 01:37:15,397 She had good protective factors. 1241 01:37:15,497 --> 01:37:18,233 Uh, so even if she found out some horrible news... 1242 01:37:18,333 --> 01:37:23,471 Uh, I don't see it likely that she would kill herself. Especially not in the manner, 1243 01:37:23,571 --> 01:37:26,041 that this tragedy occurred. 1244 01:37:28,010 --> 01:37:29,978 It's hard to imagine, isn't it? That... 1245 01:37:30,078 --> 01:37:33,481 Simple coincidences can be a major tipping point. 1246 01:37:33,581 --> 01:37:35,918 Uh, and can result in a major catastrophe. 1247 01:37:36,018 --> 01:37:40,388 It's not something that we are built as human beings to be able to live with. 1248 01:37:54,002 --> 01:37:56,138 Don't worry, Diane. 1249 01:37:57,572 --> 01:38:02,277 Goodbye Diane, I promised you, I'd take care of Bryan. 109051

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