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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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