Taconic Drunk Driver Diane Schuler Was Diabetic, May Have Suffered Stroke, Says Lawyer

FRANK ELTMAN   08/ 6/09 11:10 PM ET   AP

Wrong Way Crash

GARDEN CITY, N.Y. — She couldn't have been drunk and stoned. Her husband had never seen her intoxicated before. And there were absolutely no marital problems that could have sent her over the edge.

In an anguished, sometimes angry news conference, Daniel Schuler refused to accept an autopsy report that showed his wife had the equivalent of 10 drinks and smoked marijuana within an hour of the wrong-way highway crash that killed her and seven other people.

"I never saw her drunk since the day I met her," Daniel Schuler told reporters at a press conference outside his attorney's office. "She was not a drinker. She was not an alcoholic."

He suggested anything from a stroke to gestational diabetes to even an abscessed tooth could have caused his wife to act irrationally in the hours before her death.

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

Diane Schuler, 36, drove the wrong way for nearly two miles on the Taconic State Parkway and struck a sport utility vehicle. The July 26 crash killed her 2-year-old daughter, three young nieces and three men in the SUV.

A broken 1.75-liter bottle of Absolut vodka was found in her wrecked minivan, police said.

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

A preliminary autopsy of Diane Schuler ruled out a stroke, heart attack, or aneurysm, Westchester County officials said. The medical examiner said Thursday that he stood by his report that found her blood-alcohol level was more than twice the state's legal limit, she still had undigested alcohol in her stomach, and she had high levels of the key ingredient in marijuana in her system.

Police said Thursday that Daniel Schuler wasn't cooperating with their investigation. Officers that came to Long Island "for a prearranged interview" were not allowed to question him.

Schuler's attorney, Dominic Barbara, didn't say when Schuler would be available for an interview. Police interviewed him once last week.

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

Barbara – a divorce attorney who frequently appears on Howard Stern's radio show and who has represented Joey Buttafuoco, actress Lindsey Lohan's father Michael and Victoria Gotti – suggested some sort of stroke may have led Diane Schuler to act irrationally. He noted witnesses who saw Schuler on the highway reported that she was driving erratically, moving in and out of lanes, honking her horn and flashing her headlights.

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

He said he couldn't explain the alcohol or marijuana in her system.

A substance abuse expert said Thursday that close family are sometimes the last to know about a loved one's problem.

"Families are often in denial and can't deal with the reality that a family member has a problem," said Marc Galanter, director of the Division of Alcoholism and Substance Abuse at New York University.

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

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

The Schulers' 5-year-old son survived. His father said the little boy is still hospitalized, but his condition is improving.

Daniel Schuler said the couple went through a normal routine on the Sunday before he last saw her at a campsite in upstate New York.

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

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

The attorney declined to allow Daniel Schuler to answer any questions regarding the marijuana allegations, citing his client's job as a security officer for Nassau County.

Daniel Schuler, 37, began to break down emotionally as the press conference ended.

"I go to bed every night knowing my heart is clear," he said. "She did not drink. She is not an alcoholic. Something medically had to happen."

(This version CORRECTS that Jay Schuler, not Joy Schuler, is Daniel Schuler's sister-in-law, not sister.)

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GARDEN CITY, N.Y. — She couldn't have been drunk and stoned. Her husband had never seen her intoxicated before. And there were absolutely no marital problems that could have sent her over the ed...
GARDEN CITY, N.Y. — She couldn't have been drunk and stoned. Her husband had never seen her intoxicated before. And there were absolutely no marital problems that could have sent her over the ed...
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06:00 PM on 08/19/2009
The biggest thing that doesn't make sense to me is that if she were an alcoholic, the parents of her nieces would no doubt be aware. I have in laws that are drunks and no matter how they try to hide it, eventually others can catch on. So if she were such an alcoholic to get that loaded and drive, why would the parents of her nieces feel comfortable letting her drive them? I know my brother in law drinks so I don't let him take the kids just because I don't trust him to be sober. Even one drink is too many for my nerves to be settled to let someone drive my kids.

Also I think it's unfair in any case to sue the family of the deceased criminal. No other adult was in the car with her, no one else could have seen her that morning, why sue the family? Lord, if I ever do anything like this for some reason, don't sue my mother, sister, and husband for it.
01:47 PM on 08/12/2009
She had gestational diabetes..which occurs during pregnancy & disappears after giving birth...currently she did not have diabetes.

They are grasping at straws instead of really seeing the truth of what truly happened. I live near where she drove on the wrong side and there was plenty of area to pull to the side of the road and stay there if she where really not feeling bad. Feeling sick does NOT impair one's judgement to continue driving...alcohol does.

And sadly there is a growing number of women who are being arrested for dwi's while driving their kids around and like most alcoholics, they don't think they are doing anything wrong until it is too late.
08:36 PM on 08/12/2009
Has anyone investigated the other adult males in the van that were also killed? Were they also drunk? Could they have laced the woman's drink? No one has mentioned that this was a possibility. Did their blood alcohol get tested as well? and if they weren't drinking or drunk, why didn't one of them drive or help the woman when she went the wrong way on a busy highway? None of this has come up in the news that I could fine. I'm not saying she's not at fault, but there could have been other elements in to play here. I'm curious to find out if they've investigated the habbits of the other male adults in the minvan.
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sparky09
Proud Gay Navy Vet & Salt Lifer
02:57 PM on 08/13/2009
Diane was the only adult in the van. The three men were in the SUV that she slammed in to.
02:03 PM on 08/10/2009
Reports are that they travelled with the vodka bottle in vehicle. What type of people do that, except heavy drinkers...? The husband is trying to spin the 1.75 liter Absolut bottle found in wreckage as always being in car for him to have a drink while camping. After reading of his own DUI arrest in Nassau co. in '95, it sounds to me like this family had some serious 'issues' with alcohol...
01:08 PM on 08/08/2009
Of course she had never been drunk - of course she's perfect. And of course you don't know how she got that pot that day - must have been in her Happy Meal.
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DivergentMary
Yin-Yang Kitties
01:45 PM on 08/08/2009
Evidence of pot smoking can remain in the blood stream for days or even weeks after usage. It doesn't just go away, or so I've been told. Just because they found evidence of pot smoking in her system, it doesn't mean that she smoked it that day.
01:49 PM on 08/12/2009
It stays in your system for a month, but the effects last less than an hour, and even faster if one eats.
12:28 PM on 08/08/2009
She may have suffered a stroke? Does suffering a stroke explain the alcohol in her blood? Cause there is still that tiny details that need to be resolve.

I think this woman was an alcoholic. The pot smoking may have been because of the diabetic and I cant see the husband not knowing about that. If he didnt know about that then there is a lot more he didnt know.

They need to stop finding excuses
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DivergentMary
Yin-Yang Kitties
01:41 PM on 08/08/2009
The headline of the article is misleading: she wasn't a diabetic; she had gestational diabetes when she was pregnant with her youngest child. That is totally different, because once the child is born, the blood sugar levels go back to normal.

Suffering a stroke does not explain alcohol ~~~ but alcohol consumption can bring on atrial fibrillation, and that can cause a stroke.
08:03 AM on 08/13/2009
Has anyone thought that maybe her brakes werent working in the mini van and she couldnt stop? That has ran through my head a few times... i have read some reports that said she wasnt driving erratically and some reports that she WAS driving erratically and that she was honking her horn and flashing her lights..maybe she couldnt stop??? I am not saying she wasnt drunk, because obviously it was in her system... but i have thought of the possibilities of her brakes failing. I cant stop thinking what was running through those poor childrens heads during this. God bless them :*( I cant even fathom the fact that her brother lost all 3 of his daughters. how very sad. I have 3 boys and OMG these poor parents.
02:45 AM on 08/08/2009
She had a bac of .19 plus 6 ounces in her stomach. That's 14 ounces of vodka. I know people who drink that much every night. But they don't go for a ride with 5 children inthe back.
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DivergentMary
Yin-Yang Kitties
01:48 PM on 08/08/2009
Reports say that she had 6 grams of undigested alcohol in her stomach, not 6 ounces. 6 grams is a tiny amount; 6 ounces is 3/4 of a cup.
02:06 PM on 08/08/2009
6 g is about 0.2 oz
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HUFFPOST COMMUNITY MODERATOR
robiform
if you're commenting, you DO care!
04:31 PM on 08/07/2009
Eight years ago, my mother, a diabetic, gave herself an insulin shot and then went out and got into her car to run errands without eating. As a result, she had a mini-stroke while driving and caused an accident that led to her death (fortunately, the people in the other car were not seriously injured). I relate this because while it's possible that diabetes might have been a factor in this accident, the fact remains that the police found a broken vodka bottle in the vehicle and alcohol as well as marijuana were found in Ms. Schuler's bloodstream. An accident may have occurred if Ms. Schuler had an incident similar to what happened to my mother, but you can't blame the vodka and the pot on diabetes!!
HUFFPOST COMMUNITY MODERATOR
ReasonIsMyReligion
Don't know much micro-bio-logy
10:57 AM on 08/07/2009
Just for kicks, I'm going to drink that much booze tonite.

Then I'm going to try to walk from the living room to the bathroom.

Wish me luck.
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rocketdog56
Don't want to be an American Idiot
11:59 AM on 08/07/2009
reason, you have to smoke some pot too, just to keep it scientific, of course.
HUFFPOST COMMUNITY MODERATOR
ReasonIsMyReligion
Don't know much micro-bio-logy
05:44 PM on 08/07/2009
LOL.

But if I did that, I wouldn't care whether I got there or not.

(There are some people who know who the REAL RIMR is. Wouldn't want to give them the wrong idea.)

hic
HUFFPOST COMMUNITY MODERATOR
ReasonIsMyReligion
Don't know much micro-bio-logy
10:55 AM on 08/07/2009
The Buttofuocco lawyer -- and kidney lawyer -- who appears on the Howard Stern show suspects stroke.

With no evidence.

In the face of conflicting evidence.

I'm convinced. Isn't everyone?

Fercrissakes.
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rocketdog56
Don't want to be an American Idiot
12:03 PM on 08/07/2009
LOL, the kidney lawyer, I was trying to remember what other outrage this paragon of ethics, Barbara was involved in, The kidney guy, the man who donated a kidney to his dying wife, and then when she filed for divorce sometime later, he wants his kidney back, or 1 million dollars as compensation.
12:52 AM on 08/07/2009
Blah blah blah drunk pothead.
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PatA
Pink is a 4 letter word
11:44 PM on 08/06/2009
Family members will do and say some crazy things when they are faced with the facts that a wife or sister (whomever) has a drinking/drug problem. My ex's mother was an alcoholic and he and our entire family knew it.
She passed out on Thanksgiving and slid completely down the table through food and crystal....all of it. At that point, you would think that someone would have been a teensy bit suspicious as she smelled of alcohol.
My ex insisted that she be brought to the hospital where he practiced. He asked an internist friend to run a blood alcohol test and her level was .29!
The rest of the family was convinced that she had a brain tumor! They were furious with us for trying to get them to face the truth.
Her husband, a physician, accused the lab of "doctoring" the results......we got her to go to treatment but they made her mad there so she came back home.......sometime you are the bug and sometime you are the windshield.
loss-loss situation.
folks, it happens.
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10:52 PM on 08/06/2009
"I never saw her drunk since the day I met her," Daniel Schuler told reporters at a press conference outside his attorney's office. "She was not a drinker. She was not an alcoholic."

He didn't denied the marijuana use however. He drove in a separate car for their family vacation so he can go fishing without the kids around. Perhaps his wife only drank when he left her with the kids so HE can have some peace and quiet. She may have been diabetic, but that doesn't make her BAC level more than double the DUI limit, or put THC in her system, or explain the vodka bottle in her car.
03:26 AM on 08/07/2009
Michael did't even like Coke or Pepsi.
10:44 PM on 08/06/2009
Whatever the reason turns out to be why this horrific tragedy happened - I just can NOT imagine the pain this whole family will be going through - for the rest of their lives. This woman ended her own life, her daughter and three nieces plus three men of another close family .Surely this is hell on earth for all of the families involved. It is truly heartbreaking.
10:25 PM on 08/06/2009
I bet now that the husband has hired a tabloid lawyer and is now trying to shovel the story that his wife never drank and a lump in her leg caused 8 people to die, people will come out of the woodwork to tell the truth about the wife and her alcoholism.

The sad thing is the husband was a security cop for the county and the wife was a low level manager for Cablevision. They didn't live in West Babylon because they had money. The other family can file a civil case, but there's not much money to get there. Unless the husband thinks he's facing criminal charges that can stick, there isn't much to defend here.
10:18 PM on 08/06/2009
Let's review.

1. Twice the legal limit BAL.
2. 6 oz of alcohol in her stomach.
3. Giant vodka container in the car.
4. Pot in her system (it really doesn't matter from when cause see #10).
5. Erratic driving witnessed by many motorists.
6. No diabetes, stroke, heart attack according to the autopsy.
7. Called her brother from the road and said she was "having trouble seeing." Brother waited 40 minutes to alert police (according to phone logs). This is called "enabling the addict."
8. Drove wrong way down a highway.
9. Crashed head-on into another vehicle.

Here's why the family's trying to cover what they obviously knew (#7 dead giveaway). Oh, husband and shyster WILL NOT request another autopsy (just watch).

10. Husband smoked pot too; once Nassau County investigates, he can say bye to his job.
11. Probably got insurance on her since she was Cablevision exec. Insurance companies don't like to pay out for suicides or people whose hidden previous conditions would normally cause them to be uninsurable.
12. Don't want to be on the butt-end of the other vehicle's lawsuit. The victims' families will collect on a judgement if it is proven he knew of wife's condition.
13. Husband may want to keep his one surviving child which might become difficult if the authorities decide he knew about his wife's condition and put his child in harm's way anyway.
12:20 PM on 08/08/2009
But what about witnesses seeing Schuler flashing lights and blowing her horn? I agree with all of your points, it's just that this behavior doesn't seem that of a person with her intoxication levels.
12:41 PM on 08/08/2009
it may not have been HER blowing the horn and flashing lights.She may have passed out in the car and a pasenger was deperately trying to save them all.How horrible.