Who to Believe in Diane Schuler Taconic Tragedy?

Who should we believe?

On the one hand we have a distraught husband who now says his wife did not drink and a lawyer known for antics both inside and outside the courtroom who would have us believe that Diane Schuler killed herself and seven others when she drove in the wrong direction on the Taconic State Parkway because she was a) possibly diabetic; b) suffering from a tooth abscess; c) had a lump on her leg that may have been traveling to her brain.

On the other hand we have autopsy and toxicology reports from a state-of-the art crime lab that not only ruled out the possibility that Diane Schuler suffered from a stroke, heart attack or diabetic episode, but found she was both drunk (to the point of being twice the legal limit) and high on marijuana.

When asked to account for those toxicology reports, Dominic A. Barbara, the lawyer now representing Diane Schuler's husband Daniel, said the Long Island mother might have been slugging down alcohol in a misguided attempt to increase her blood sugar level.

"You might want to self-medicate with something to bring the level up," he said at a news conference held yesterday on Long Island.

We'll have to wait and see if the American Diabetes Association recognizes Mr. Barbara's unique take on diabetic behavior as one they have seen amongst the 23 million adults and children in this country who actually have a formal diagnosis of the disease.

Yesterday's news conference with Diane Schuler's husband Daniel was painful to watch and no one can help but be moved by the emotion shown by a man clearly suffering from the loss of his daughter and wife. Nor was there any reason to doubt the devotion Daniel Schuler pledged to the lone survivor of the crash: his five-year-old son Bryan who is recovering at Westchester Medical Center.

But there was something unsettling about the event as well, particularly when Schuler described his now deceased wife. Asked whether he thought she had a drinking problem, he was emphatic: "Definitely not," he said. "She was a perfect wife."

Schuler went on to describe the 36-year-old Diane as "An outstanding mother, hard worker, reliable person, trustworthy."

Those are moving words and the kind of tribute you might expect from a grief-ridden husband.

But they are also the words recognizable to anyone who has ever attended a meeting of Alcoholic Anonymous or Al-Anon, the type of denial that runs rampant through the families of those whose drinking has spun out of control, yet who do not - or can not - recognize the signs that speak volumes (which in this case included a blood-alcohol level of 0.19 percent and a smashed vodka bottle at the scene of the accident).

"I never saw her drunk since the day I met her," Schuler said, his voice choking.

That may or may not be true. Long is the list of drinkers who who have been successful at hiding their problem from others, even from close family members. Regardless, it simply defies belief that a woman who had the equivalent of ten drinks of pure vodka in her system prior to the final tragic act that ended her life and that of seven others was someone who rarely drank.

This story continues to haunt us with unanswerable questions. But don't look to those who might know more to come clean anytime soon. State police who went to Mr. Schuler's home for a pre-arranged interview yesterday were rebuffed.

Nor would Schuler's lawyer allow him to respond to questions regarding the scientific findings that his wife had high levels of THC in her system, the active ingredient in marijuana.

Doubtless, Mr. Barbara will come up with a way to explain that. This is, after all, a lawyer well-versed in the pyrotechnics of courtroom drama, someone who first gained attention by representing Jessica Hahn (she of the dual career track of church secretary and Playboy model) whose affair with televangelist Jim Bakker made headlines in the late 80s. Mr. Barbara later went on to represent Mary Jo and Joey Buttafuocco in the infamous "Long Island Lolita" case of the early 90s.

Nor does Mr. Barbara shy away from self-promotion. Asked to sum up his courtroom style in an interview in Newsday in 1998, he described himself as bigger than life. "The reputation is that if you try a case with me, I'm going to kill you," he said.

Let's hope not. There's been far too much carnage in this case already.

Comments

[Niasia]

No one wants to believe that this "picture perfect" woman of a lighter hue could have this problem. If she were any other race she would have been under the bus already. There would be no speculation even though EVIDENCE shows she was all sorts of messed up. Why are we even having any questions about this? She was drunk and had an accident. It happens to even the "best". I am tired of the pity party for this woman.

[yruohk]

Well, someone had the courage to say it. It's always tragic when families lose loved ones. In this case, no one wants to reveal the secrets that are hidden. Not only was she drunk, she was high and driving in the wrong direction. She was NOT driving erratic but in a straight, determined way according to those who witnessed her on the Taconic. I believe she was on a suicide mission. She threw out the cell phone AFTER the little girl spoke to her dad. Why? That shows intent. I'm really disgusted that the husband is being let off the hook and hopefully only for a time. Someone MUST come forward and reveal the truth. People knew she drank and got high. Guess they're all afraid of liability. Aside from the children, there's the Bastardi family and the Longo family who lost their loved ones at the hands of someone bent on a mission and the husband knew something was amiss.

[raw6464]

"You might want to self-medicate with something to bring the level up,"

That's what I keep telling my wife, it's medicine..­. just trying to get my blood sugar up!

[truekitty]

This is interesting, according to the Bastardi family's attorney, Mr. Schuler was arrested in 1995 and charged with DWI. As suspected, he is no stranger to the drink. Who to believe?

[yruohk]

It takes one to know one. He knew and if the authorities let this go, then all died in vain.

[Zenfull]

This is such a sad story which so many people have been drawn to. It touches a nerve with folks. We may learn more about the facts of the case when her 5 year old surviving son is able to be interviewed. My own feeling is that this woman was acting in a highly emotional and angry manner and was very likely committing suicide. The fact that her children and those of her sister-in-law were killed by her points to a possible marital infidelity of her husband, possibly with the sister-in-law. I think the woman was deliberately consuming large quantities of alcohol and marijuana to make it easier for her to commit suicide/murder. The husband knows so much more than he is saying about the circumstances behind her behavior. His words about her being a perfect wife and that there were no marital problems sound like a guilty conscience. The lawyer is working on creating "reasonable doubt" for a future criminal or civil trial.

[Snailgoop]

Who knows why she did it but it reeks of murder-suicide.

[yruohk]

AMEN!!!!!!!!!!!!!

[plaidsportcoat]

you are amateur psychologizing and speculating wildly

this is a unique case. you know zero about the person, so you should just wait patiently until people who know a lot more than you about it bring forth some physical analyses of real test data.

[yruohk]

Give me a break! The autopsy gave Dianne Schuler a voice. She's speaking from the grave. She knew what she was doing, probably depressed and discovered something she didn't want to know and there was an adversarial confrontation with her husband who probably told her to go drink herself to death!

[patteee]

The New York Post is reporting that Diane Schuler, "routinely bellied up to the bar and griped about her failing marriage and stressful job". Yes I know, it is from the Post and not seeing anyone else report this. However, I think there are people out there, bar owners, patrons, co-workers, liquor store clerks, etc who might be able to shed some light on this for the family and friends who are in denial.

[yruohk]

The NY Post dared to expose what was found out. Hopefully, someone will come forward. Guess they will seek IMMUNITY?? Hint.

[Woman33NY]

Perhaps the family should seek out a second autopsy, as the condition of her liver will confirm or deny any allegations of long-term alcohol abuse.

[ravjav]

They said they were going to have her exhumed and do a second autopsy but the "lawyer" has more or less backed off from committing to it. More or less had to admit the "medical problems" were pure conjecture with nothing to back them up.

If the family really didn't believe the results of the first autopsy and tox tests, they would hire someone to either do another autopsy or check the results of the first one. Why are they waiting?

[yruohk]

Was there THC in the children's tissues? That would indicate she smoked in front of them. Or taking hair samples of the children? Has anyone heard this mentioned? I haven't.

[euripedes923]

I'm reading reports regarding the woman's behavior at the McDonald's. Let's see if I have this correct. I group of minimum wage employees serving lots of people are going to know at expert witness level whether or not someone has been drinking some/alot? I've been to many McDonald's and never once had an employee smell my breath. I've even been to a few in a tipsy state (never while I was the driver) and have yet to have been questioned or reported.
I'm not willing to stake my claim to this woman being A-OK on the word of a few McDonald's employees.
Thanks anyway.

[bbmcrae]

So, apart from making fun of people based on their jobs and incomes, can you offer any insight as to how you can't spot a person who is likely extremely drunk or under the influence in any given public situation? Because I know I can. And I'm not taking a snotty attitude about anyone's job. Neat, huh?

[euripedes923]

I did not make fun of McDoald's employees. I simply pointed out a fact: minimum wage employees at that establishment are not trained (nor particularly interested in) providing expert testimony as to the state of a customer's sober to inebriated health.
You claim to have "insight" regarding how to spot someone in this situation, yet you offer no proof whatsoever, either regarding tips to share or validity regarding this "special ability" you claim to have. All you really do is attack me for something I didn't say.
So unless you can put up, stf up.
I imagine someone who comments on blogs at 9:30 on a Saturday night knows a lot about social situations.
I'm just sayin'. Thanks for playing.

[Samalabear]

Nassau County is introducing legislation that anyone caught driving impaired with a child in the car would immediately be sent to jail on their first arrest, no questions. On its face one would say oh, gee, that's great. It is great for the kids of that driver -- not so great for the adults or the kids in someone else's case that the drunk driver might hit, if he/she decides to still drive the car drunk and leave the kids home. Maybe you could argue the fact that this adult won't get into a car period if he/she need to drive the children somewhere?

And it doesn't address the fact that many hardcore addicts simply don't think. They actually think they can drive and they do. Obviously we still need laws. Personally I think the ignition interlock device is the best thing invented -- just don't wait until it's the third offense.

[Juli Charkes - Huffpost Blogger]

That's interesting about the new legislation Samalabear. Isn't Nassau where the DA was able to bring murder charges against an intoxicated driver who killed a young girl a couple of years ago? I think it was one of the first times they were able to convict on those charges (the details were particularly horrendous; If I recall, the child was decapitated in the accident).

You have an interesting vantage point from being in the courtroom, by the way, (as mentioned in your previous post).

[Samalabear]

Thank you, Juli. As a someone who attends three al-anon meetings a week, yes, I have often heard those words, particularly when it comes to couples. Not so much with parents of addicted children. My qualifier is my son and even when he tells me with a straight face that he "hasn't had a beer" I am always reminded of the phrase how do you know a addict is lying? Because their lips are moving. I can see it and I can smell it immediately. But I have heard one story after another of both children of alcoholics and spouses of alcoholics that they had no idea -- they never saw anything.

I do a lot of municipal trials as a transcriptionist on drunk driving charges and I've heard the diabetes defense used often. Of course, I only get ones that are appealed, so I'm doing ones where the court obviously didn't buy the defense's argument. But listening the testimony on both sides I tend to always side with the court.

[jazz09]

Is this shyster lawyer for real? Oh, that's right, he's the 'kidney guy'...No wonder his wife divorced his smarmy a. $. $. ...That 'news conference' would've been comical if not so tragic. I don't believe it's cluelessness of Diane's drinking, but a calculated effort to feign ignorance of her problem to combat the lawsuits that will surely follow. As a recovering alcoholic for 23+ years, my heart goes out to all the victims of this tragedy & I hope Mr. Schuler finds an Al-Anon meeting soon.

[truekitty]

This whole story is very very tragic. There, is no way, however, that everyone is soooo surprised
about Diane Shulers addictions­....especi­ally her husband. If he is in the law enforcement field
why are they not testing his urine for drugs? Sadly, the family has already paid a heavy price but
I can not help but think about the Bastardi family and how it could have been one of my loved ones
who was driving along very innocently that day and met up with Mrs. Schuler. There was alot going
on that weekend. The family describes Diane as responsible and trustworthy. She may have been , when she was "straight". She was responsibly irrresponsible on that tragic Sunday.

[euripedes923]

It's not a question of whom to believe.
Go with the facts, the scientific evidence. People believe what they want to believe, people see what they want to see, people say what they think you want to hear.
Our love, our blood relations, our uncomfortableness at asking the hard questions lead us all to make stupid decisions from time to time.
Go with the scientific facts.

[chislehurst78]

the whole thing is tragic

[verycold]

This nation does NOT take alcoholism seriously. We laugh at the binge drinking seen on all campuses around the US. Many of those students grow up to be careful drunks. I know. I have seen it in my own life. A drunk took the life of my brother. It took the life of my sister. It diminished my dad by killing every brain cell he had. It is ruining the life of the person that means the most to me. This story breaks my heart.

And yes, it is often hard to detect and yes with a heavy heart I too have kept the secret for those I love.

One thing is for sure though. I would NEVER, EVER let my child ride in the car of anybody I thought might have a drinking problem. So either these family members honestly had no idea, or they are fell very short of protecting their children which was preventable.

[PennChick]

Yeah, well, I screwed up on the last "their" so who am I to point fault.