ctim's family will have to endure a new trial only to decide her sentence set to begin july 18th. an entirely new jury will be chosen, and so the case continues. i'm randi kaye. thanks for watching this special report. -- captions by vitac -- www.vitac.com ♪ state police, sergeant temple. >> my name is brad. i'm actually trying to help a friend right now, and i need some information. their children are on their way home from a camping trip with their aunt. they just called my friend's house in distress saying the aunt is driving erratically. the aunt isn't picking up the cell phone right now. >> the woman driving the car they think is having a medical emergency.

because she called and then she couldn't talk anymore. and she's got five kids in the car. the father and the husband are -- the father and the brother are here at the station. >> police, 911 emergency? >> there's an accident, route 117. route 117. what is this? pleasantville road? >> that's nine? ma'am? >> keep going. wait a second. i'm from -- i'm not from around here. >> 117 at taconic? okay. are there injuries? >> i really don't know. hold on. let me check it out. hold on. honestly, hold on. i really don't know. yeah, there are. there's, like, little kids. there's kids not moving. yeah, there's a whole bunch of kids. honestly, the car's smashed. >> okay. i'll call.

person. trustworthy. i would marry her again tomorrow. she's awesome. she's the best. ♪ ♪

♪ nd over again. and she was fine. that's what's frustrating. i'm very big into mystery shows. i live for watching those. and even before this, that's all i would watch. and it's just ironic to me that i feel like i'm on one of them. i feel like i'm walking around and there's going to be, like, this story is going to come out. i feel like someone's going to say ten years later it proves what happened. there's so much more to the story.

>> it was a horrific scene on a taconic parkway near route 117 this afternoon. this burned-out shell was all that remained of a minivan after the head-on crash which left eight people dead. >> diane schuler, her daughter and three nieces. three westchester men in the suv were killed. >> evidence leads us to believe that a vehicle was traveling the wrong way southbound in the northbound lanes of traffic. >> several people were ejected. most of them children. and we prioritized, and we were able to save one young child's life. >> more than one family was destroyed tonight after a horrible crash on a taconic parkway. the lone survivor, a 5-year-old boy, clinging to life here tonight at the westchester medical center. >> when i first got the phone call, i didn't know what happened. i just went upstate to the hospital and then i found out there there was a car accident. >> and he got the phone call and he got all upset on the phone and he handed me the phone.

and at that point it was bryan died and everybody else was alive. >> then i went to papa's house, and i told them that bryan was dead. and then i got the phone call that it wasn't. that bryan survived. and then jimmy said it's bad, it's bad, jay. everyone's gone. >> i don't remember much of that day. you know? just taking care of bryan. that's what i remember. ♪ >> my sister was a phenomenal mother, aunt, and friend. and all of us are grateful for

the love and care that she showered upon our entire family, especially all of our children. what we ask for all of you going forward is that you keep my girls, my sister, and my niece and all of us in your daily prayers. there's a miracle child in all of this. our dear nephew, bryan, who is getting better and stronger by the day, and he'll be loved by more people than he will ever understand. love your children. cherish your children. kiss your children. and don't ever forget.

iner's office on the body of diane schuler, the operator of the 2003 ford van who was responsible for this crash. the toxicology from that autopsy shows that diane schuler had a blood alcohol content of .19%. the legal limit for intoxication in new york state is .08%. toxicology also reveals that diane schuler had a high level of thc. thc is the active ingredient contained in marijuana. >> in drinks, how much had she consumed? >> the weight is what's very important in calculating the number of drinks, and with that level of alcohol it's approximately ten drinks are still in her at this time.

ed, and i'll tell you quite candidly that i didn't see any real benefit except my client wants to talk about his wife. she was not an alcoholic. she rarely had a drink. she got in the van with the children, and what should have taken a 35-minute drive took almost 4 hours. >> listen to this. i go to bed every night knowing my heart is clear. she did not drink. she was not an alcoholic. listen to all that. she is not an alcoholic, and my

heart is rested every night when i go to bed. something medically had to have happened. >> my name is jay schuler. >> you're married to? >> i'm married to danny's brother, jimmy schuler. diane was my sister-in-law. family was the most important thing to her, to have the cousins all playing together. there is no way she would ever jeopardize the children. [ dog barking ] >> stop the barking. just go down a second. look at the things they wrote about her. loser. skank killer. isn't that nice? shut the "f" up and admit that him and his wife were alkies and potheads. people you'll see in hell. that's what bryan is going to say, that his mother was a murderer. and people want to know why i keep on fighting. you go from the perfect tragedy to now people hating you, hating

you. people, what they're saying on the computer, people what they're sayingn the news. and you know, i'm like, you don't know us. that's not what happened. and any sympathy turned to hate. i need bryan to hold his head up high that his mommy was a great mom. she wasn't drunk. she would never do that to them. never. never, ever. she would never hurt her kids or warren and jackie's. something happened. >> we'll do every test that experts recommend to us. and you know, we'll go to avenues here that can be explored. >> right. >> but what if it doesn't turn up something you want? >> i know. i think about that sometimes, but it's going to work out. and if it doesn't, i don't even go down that path. because i know she wouldn't let me fight this for nothing. [ phone ringing ]

>> barbara law firm. good afternoon. >> you know why they came to me originally? to go public. that was from day one. they didn't just pick my name out of a hat. they wanted to go public. and i still think it was the right thing to do. it would have never gotten to where it is today. you wouldn't be involved if it wasn't something public, right? >> right. >> this has been a very painful, emotionally painful experience, this case, because i've taken a lot of grief. i've taken more grief on this case than some of the really -- buttafuoco and jessica hahn cases of the '70s and '80s and my friendship with certain celebrities. this took more heat. people actually come over to me, how could you represent that drunk? and that really bothers me because i truly believe in my heart of hearts that she's not an alcoholic, nor a drunk. do i have an answer for that day? no.

>> what is the thing that you want to happen most? >> i want to know what happened to my wife. i want an autopsy done. a correct autopsy done. i want to know if she had a stroke or not. because what they're saying is not true. or i wouldn't be doing this. i'm a quiet person and a private person, but i just want to find out what happened. so when my son gets older he knows what happened to his mom. i'm going to go until the end, until i find out what really happened the truth, whether it's good or bad. that will be fine with me. but i know something medically happened to my wife. ♪

♪ ♪ h. it wasn't a subject that we talked about. >> what would she say about her?

>> that she left when diane was young. she didn't like bringing it up. >> was it something that she just kind of didn't deal with? >> it seemed like it bothered her. but she wouldn't talk about it. and i never push -- pushed. >> she was the girl of the house, and everyone said that diane did everything. >> did you ever meet her mother? >> no. someone said she was at the funeral, at the wake, but i never met her. i have -- only things i knew, that she didn't have contact with her. >> do you know why she left the father? >> the -- i don't know why she left the dad, no. i really don't. diane wasn't like that. like she didn't go like pity me, feel sorry for me. but i would imagine that had a big impact on her. that she was going to be totally there for her kids and never leave them, and that's why we find it so ironic. >> can you give a more detailed

description of what happened before she went out on the trip home? what you had to eat together, what conversation? >> yeah. >> closer to dominic. >> right from the moment you woke up. >> i woke up at 6:00, went down to my boat to clean it out, do what i got to do, came back about 6:45, 7:00, i woke her up, saying we have to start cleaning the camper so we can start getting home before traffic. she woke up. started packing the bags slowly. started waking the kids up slowly. started getting the kids dressed. we unloaded the camper, all the bags outside the camper. and i walk them to the car and we load them up. we had a cup of coffee, two cups of coffee, and then we left. >> do you remember your last words? >> yeah. i kissed everyone good-bye, and my wife. >> thank you.

♪

♪ rshmallows. the game room with the kids, the playground. it was an excellent weekend.

ned up the camper. said good-bye to all the kids. and she hopped in her car, i hopped in mine. we went on our way. >> he received a phone call at 9:00 a.m. from emma hance's oldest daughter, saying everything was good, had a great time, they were looking forward to coming home. >> danny was parked up in front, and he had the dog and he had the truck. and she was right behind him in the van. and the kids were just yelling. they were all strapped in their seats and yelling what a good time they had because they were up visiting with aunt, you know, diane and so forth. so i kind of leaned and i said, oh, i hear you yelling. i said, did you have a good time? they go, yeah, we're coming back. you know, they were so excited about coming back. and that was about the last thing they said. i said to diane, have a safe trip home.

she certainly seemed sober to me. ♪ ♪ i got on the parkway and i went home with my dog and the laundry, and she stopped off at the stores to get gas, to get the kids breakfast. and i just went home. ♪

>> the morning they left that sunday, he stated that they left approximately the same time. diane left with all the kids in the minivan, and he left with the dog. and he stated that diane was stopping at a mcdonald's not far from the campground. >> the hance family agreed that it was preplanned that he would take the pickup truck with the dog. obviously can't put the kids in the back of the pickup truck. and they borrowed the minivan from the hances for the very purpose of transporting all the children. ♪ >> investigators from the liberty station were able to obtain a video from the mcdonald's which was timestamped. showed diane schuler entered the mcdonald's with the children. we additionally interviewed the

mcdonald's employee who served her. he said he did remember her and did not remember her being intoxicated or smelling of alcohol. the children were playing in the playground. they seemed to be having a good time. through this video we saw no obvious signs of intoxication. ♪ out of the car. and then she goes in at the gas station, then she goes in and apparently asks for some sort of pain meds which they don't have. >> she walked in, spoke to the clerk. we don't know what was said.

there's no audio. and walked out with nothing. again, there was no obvious signs of intoxication at this time. ♪ l it. >> okay. >> what's in that one, bry? >> face. >> oh, yeah. >> one, two, three, four, five,

six, seven, eight, nine. >> look down more. >> a human face? >> a human face is in there. >> eye, mouth. >> i see it. >> can you find the deer? >> buffalo, possum, ape, horse, dog. >> what does this do for your eyes, bry? makes them strong, right? it's really hard to look at, but you can see how much fun they're

having because bryan, being like as shy as he is, erin with her ball, emma, ali, and kate. that would be typical of diane, like everyone on a rock, pose. diane, when she asked me to be a godmother to erin i like -- i was like oh my god, she really does like me. you know, i was so thrilled. ♪ >> i mean, warren and jackie, i think their grief is just so bad. >> to jackie, the kids were her job. that's what she did. listening to her schedule of soccer, dance, this, that, times three, running all around, to wake up to nothing. >> i can't imagine anyone in her family thinks diane was drunk.

as a parent, like, you have the tiny bit of doubt. you're human. i would have a tiny bit of doubt. human. but when jackie reflects back, i don't want to speak for them, but her and diane were like best friends. but are they choosing to speak out about it? no. >> today. he's coming up to my house. this is 7:15 in the morning. he gs, going to yorktown heights today. my sister's house. what surprise will it be for dinner? laugh out loud. that's the day he died. that morning i remember, i remember my brother's voice on that phone saying to me, i said, okay, we're just going to have

spaghetti and meatballs. i had the table set. and i remember him saying okay, it's all right, i'll be there. it's sort of there's no closure at that point because you don't get to say good-bye. you know? >> i mean, like, i know that he knows we all loved him. we loved my brother, we loved them and we know that. but we didn't get to tell them. you know, like we didn't get to have that closure with them, and that -- that bothers me. then it also, like i said, bothered me because they never made it home. they should have made it home that day. and they didn't. >> it was a shock. it was really a shock. i mean, when the phone call came in and from that day forward. he was healthy. he was just -- he retired. he was really just out to enjoy himself. i feel his life was cut short.

he was really -- i think he had a lot more life to live. >> bryan's my main priority right now. >> done? >> being a single parent is hard. trying to do the right thing for him. give him a normal life, as we possibly can. definitely changed. i do security work. i work nights. so i'm up at 6:00, i'm in bed by 1:00. >> does bryan ask a lot about his mom? >> we talk a lot about his mom.

mommy took me here. mommy brought me that. i used to play here with mommy all the time. >> does bryan get any kind of special support or counseling? >> no, yeah, the school's excellent. he's doing really good in school. and everything is somewhat back to normal. if he wants to talk about it, he will, you know? >> i have tried to poke and prod and things, i'm curious, and he said mommy's head hurt, she couldn't see. i said, oh, bryan, i said -- aunt jay, i told you, her head hurt, she couldn't see. and he said -- i said, oh, and that's when the crash happened. and he said, "and i flew out of the car like superman." since he came home from rehab and i started spending my days with him, the story's never changed. never, ever changed. mommy's head hurt, she couldn't see.

♪ >> diane called and said we're running a little late because the girls had play practice. and we had a great time, everything's great. all laughing, kidding around. and diane said, all right, they told you about the play. the play, get me two tickets. i think erin will sit on my lap. and then they said, okay, we'll see you soon. >> we were traveling back on the thruway heading south. we were driving in the center lane, and the vehicle came up rather quickly in the right lane and moved into the center lane,

moved back into the right lane, and continued to make a series of movements changing lanes rather aggressively. we both looked and we saw a woman grasping on to the steering wheel, appearing to concentrate as she was driving. and the last movement it made it made from the right lane and it kind of cut off a car in the middle lane, and the car or the truck actually swerved out of the way to avoid it. but each time it made the movement, it did it -- the vehicle was kind of -- it was very precise. it would move into the lane, it would move out of the lane, and it was done with some degree of precision. and there came a point in time where we actually could see children's heads kind of swaying back and forth as the vehicle moved. ♪

>> coming down the thruway going to the rest area, i thought we passed her. she pulled out and got right behind us. and she was so close to me i could see her headlights. the next thing you know, you started hearing the horn beeping. [ horn ] >> it made me nervous. in fact, i braced myself for an accident because i thought she was so close behind us. >> the way she was driving i thought she was, you know, just some sort of nut coming behind me, and then when she tried to pass me again on the shoulder, that's when i really thought it. and then she just pulled right back in behind me. [ car honking ] >> the honking happened as we were getting off the exit for the thruway into the rest area. we stayed straight, which went into the car lane, and she veered off into the truck area. and i did see her open the door,

get out of the car, and possibly she was going to get sick to her stomach. >> what made you think that? >> she was kind of bent over a little. >> my husband and i then walked into the rest area, and she wasn't there when we came out again. it was 12:30 p.m. >> if you had a do-over, what would you do? >> i would have confronted her. you know, and then we probably would have seen those kids in the car. we probably would have seen that there was, you know, there was something wrong, you know? >> how do you as an investigator explain the toxicology report with high levels of marijuana in diane's system? how do you explain that? >> i can't explain. they've been missing on bing. let's bing it on. [fight bell: ding, ding] how many here are google users? what if i was to tell you that you would actually like bing way more than google when it came to the results? prove it.

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t where diane wasn't a part of my life. i remember girl scouts with her. soccer teams together. going to first grade. i don't remember her just not being there. >> you would hang out with her at school and you had the best time ever because she was the class clown, and then you wanted her to come to your house because she was always fun. she always made you laugh. >> i moved to ft. park in fourth grade. that's when i got involved with the whole group of girls. we were definitely i wouldn't say crazy, but we were -- we were loud. we were fun. you know, we liked the attention. i was most spirited. diane got loudest in our class. i mean, senior superlatives, she got like seven of them. she was loudest, most fun to be around. class clown.

actually someone that didn't like to be in the spotlight, she was in spotlight just because she had just such a big personality. diane always had a good head on her shoulders and, you know, was very responsible from an early age. she lived with her father and her brothers and, you know, she was like the woman of the house. she had to clean the kitchen, you know, she had to do wash, you know, somebody's got to take on the motherly role so to speak. you know, she definitely did it well. >> she really never dated while we were younger, and i think because she never really had that companionship growing up or, you know, never had a boyfriend or anything. so when she met danny, like, she was going to experience everything that, you know, we all had a chance to experience. >> that was her first love, and i think she knew that, you know, it was going to be her only love. >> mr. schuler? >> can you explain the bottle of vodka?

>> the state police stated that there was a bottle of absolut vodka in the van. do you know where that came from? whose it was? can you explain? >> no, i don't. >> daniel, how do you explain the vodka? >> we usually would keep it in our camper throughout the whole season. >> one bottle. >> why? why? >> you have pina coladas. you -- >> sitting by a campfire, cooking marshmallows. >> what was the vodka bottle doing in the car? >> my wife packed all the bags that day in the camper and leaves them by the door. i carry them from the camper to the trucks. i'm very surprised that the vodka bottle was in there. i had no idea. >> does it give you pause to think that maybe, just maybe, she was a drinker and you didn't know it? >> i've been with her 13 years. absolutely not. >> daniel, why appear here?

why keep on doing this? >> the truth -- the truth will come out. >> but larry, you have to understand, danny doesn't want the other families to think that a drunk driver killed their families. that's why we are out to prove that she -- try to prove that she wasn't drunk. >> i've gotten to a point i forgive diane schuller. i pray for her like i do my father and brother and those

then i'd say to him, you know, what's with the denial? you denying this is enabling other people to do the same thing. i mean, the right thing to do is to admit, you know, my wife was drunk. don't let this happen to your family. >> here you go. doctor, may 25th. ♪ >> someone is gone. it was a deep, deep wish to find a way to remember them, which in a way is the silver lining to the loss that people experience.

in forensic psychiatric autopsy what we do is attempt to piece together the state of mind and who the person was at the time of the events in question. people are seeking to preserve her memory. at the same time they want to find out what actually happened, because it's such a tragedy and such a mystery. and right now they are constricted. the choices they have is to either accept her as someone who was bad, which they cannot because she wasn't bad in their relationships with them. or to be able to -- or they're focusing on some medical event for which there's no evidence on autopsy. the problem is when someone is being demonized the tendency by those who remember that person is to try to make them into a saint.

>> do you want to show a nice photo album daddy made you? >> i got it. >> you want to show her? >> that's sister. >> you want to show the picture of you and mommy upstate? >> mommy. >> and then the one of mommy and daddy. >> he was madly in love with her. and i said he met the right girl finally. she was lovely. she was so motherly. you know, i mean, i spoiled my son danny, and she spoiled him. >> she would calm him -- >> she calmed him down. >> she was the boss. >> she was the boss, yes. she made all the decisionsnd danny was like her oldest child,

you know, and he -- he loved diane. diane, like i said, made all the decisions, and he was like her oldest boy. yeah. diane, she was an amazing woman. she worked her way up. she was an extremely smart woman. >> could have run for office. she was like a boss. >> she had her own secretary. they loved her there. she has a lot of friends in cablevision. a lot of friends. >> she was very capable. >> uh-huh. >> she seemed to be very good at whatever she attempted. i mean, she was very good at her job. she was a take-charge person, too. you know, something came on, oh, this person's going to have a baby, oh, all right, okay, you

go out and get this, and we'll go and do that. you get this, and we'll get together. it's just the way she was. >> everything was ironed and down to, like, the littlest thing, like her pants were ironed her shirt was ironed. this was ironed. the kids' clothes were ironed. i'm like, when do you do this? >> she made me a book with all the little pictures of the children. she had to put the kids to bed, she'd work on it every night. and then she was starting another one for me. the end. i said, diane, where do you get the time? because by the time she would leave my house and get home it was 7:00 in the evening. but then she'd feed them dinner. then she would bathe them. then she would take bryan and read his book to him, then put him into bed. then she would cuddle with --

pick up little erin and read her a book. and would carry her into bed. and then she found time to work on these little books. and then danny would come home. she'd have a snack with danny. but then she's back up again in the morning. i really -- she'd throw a load of laundry in the meantime. what, are you up all night or what? you know? for someone to be so organized. you know? >> she made it look easy. and they worked opposite schedules, her and danny. you know, which, you know, could be stressful. but she didn't make it seem that way. bryan and erin, my erin, started preschool together. and we would see each other on a daily basis. i was the second parent there every day, and she was the first. and she came from babylon. and i live right around the block from the preschool.

she was not only on time, the kids were dressed impeccably. there was never, like, a stain on their shirt or toothpaste on the corner of their mouth, a hair out of place. very on top of things. she chaperoned for school trips. she put herself on a list to donate things for school parties and everything. she did it all. you know, and she worked full time, so -- >> so do you think she was, like, the supermom that she never had? >> i think so. i think that drove her to be, you know, it definitely laid the groundwork for what type of a mother, you know, she was going to be. >> how do you as an investigator explain the toxicology report with high levels of marijuana in diane's system? how do you explain that? >> i can't explain it, but what i will tell you is what we are doing is i want to determine if those results are correct. >> the schuler family has been trying to raise the money among the family to pay for the

additional tests that need to be done to try and clear diane's name. >> daniel schuler and the schuler family felt so convinced in diane's reputation and her background, which is substantiated so far by our investigation, that they went out and paid out of their good money for a private investigation firm to come in and look at this and take it where it leads it. >> all i know is that when i got -- when this first happened and we got dominic and dominic gave us tom, i'm like, all right, this guy is going to save the day. he's going to save the day. he's going to find out what happened to her. he just totally was like, you're right. she wasn't drunk. it just doesn't make sense. everyone when i spoke to, and then everything was about, all right, well, we've got to get this done. i'm getting the samples. i'm getting this. i'm getting that, and we're going to need more money. $10,000, and $30,000. we don't have this money, you

know. we're taking it from -- borrowing from peter to pay paul, and diane was the breadwinner, but i convinced everyone. follow tom, tom is going to do it and nothing was done. nothing was done. how do you do that to people? >> have you spoken to tom ruskin at all? >> no. >> what happened there? >> don't know. as soon as we paid him, he disappeared. >> what was ruskin's job? what was he hired to do? >> ruskin was hired to go out there, start finding out things and collect information. i used him on two prior cases, and he had done a very good job. i don't know what happened here.

i picked up the newspapers every day, and i was -- you know, with great chagrin, where is he doing? i don't understand. we put our point out there. now let's wait and see what happens. every day there was something new in the paper. i just wanted ruskin to come under control. have you interviewed him yet? >> we have been trying to set that up. >> hi, tom. >> hi, how are you doing? >> i'm okay. how are you doing? >> good. just a little bit busy. when i was speaking to my people my agent, my attorney. >> they said $20,000, $25,000, otherwise, you know it's just not worth your time. >> right. it's not even in the ballpark of what documentaries, you know -- >> pay. >> right. >> we wouldn't supply the test results. we would not supply the pictures and video. it's not worth getting it out of archive where we stored it, running around, spending our

time doing that, versus working for a client for tens of thousands of dollars a day. >> um-hmm. >> it's just ironic that you can get these two quickly of you helping us, and we've asked for these for a year. that's when she was on the prenatal vitamins when she was pregnant. do you remember her having trouble sleeping? >> no. >> and she got hydrocodone, and that's the dentist. >> she would always do this, i noticed. always -- >> rubbing the side? >> yeah. >> her friends saw that, too. >> a tooth was bothering her. okay. before she had the cleaning and x-rays she had the root canal.

then they went to go in and do more. she really would not get that finished. it was too -- she just hated it, right? >> yeah. too much pain. >> then an all exam, no cleaning, so obviously still having pain. was that the last one? wait. 7/31/08, that's a year before. maybe that was the same tooth that was bothering her since '05 that she never got worked on and then this is the one that she went and she left. they said she left the dental office in the middle of it. all we wanted was a starting point of what happened to her. because if she stopped for advil or a tylenol or something, something was bothering her. it was big. yeah, i feel like i can look over these things all the time, but i'm just going to come to conclusions in my head. >> at approximately 1:00 p.m., diane called jackie hance. this is the phone call where she sounded disheveled and disoriented.

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at approximately 1:00 p.m.,

diane called jackie hance. this is the phone call where she sounded disheveled and disoriented. >> he basically stated that she didn't sound like herself. at one point he called her danny, which is her husband's name. he knew something was wrong. the kids were crying in the background. he told his sister to stay put, that he'd be right up there. >> when there is an incoherent phone call with her brother, her oldest niece is apparently on the phone to her parents saying there's something wrong with aunt diane. >> they're say aunt diane can't see. aunt diane can't see and something is wrong with aunt diane. they were pulled over at that point, and emma told her dad where they were. read me a sign, and she said tarrytown.

>> warren races up from where he is in long island to the tappen zee bridge to try and find diane. she leaves her phone on the jersey barrier, the divider at the tappen zee bridge. >> the phone was located on the tappen zee pull-off on the right. someone had found her cell phone sitting on a guardrail. her entire route up until the tappen zee bridge is consistent with what she normally would have done. then it's unclear where she got on the highway and where she went.

>> are you all right? >> no. quite frankly. >> well, thanks for doing this. >> um. >> was she your closest friend? >> i would say, yeah. she was. and we we were not kind of very similar in a lot of ways. i'm an easygoing person, let a lot of things pass. she had to be in charge of everything. there was nothing left to chance. you know, everything had to be planned and precise. she's certainly not a perfect person. you know, she loved you. she loved you. if she didn't like you, she could be difficult, you know. she didn't let anything go, you know. she, you know, somebody was rude

or -- she would call them out right there. you know, she was okay as long as she was in control of everything. >> reporter: did you guys ever have conversation about any kind of pain she was having? >> um, you know -- i know she did have issues with, um, like especially that week, every time i would see her, she would be holding her jaw, moving her mouth around, moving her lower jaw. knowing her and knowing what kind of person she was every day of her life and how she conducted herself, as crazy as it sounds, people grasping for, you know, reasons, it seems more plausible to anybody who knows her that something medical could have happened to her. >> did shy seem at all upset that week? >> no, not at all, and diane was not the type of person to ever hide her feelings. if she was upset with you, you knew she was upset with you. you know, she wasn't the time of person that would smile and just pretend. if something was wrong, she

would have said something was wrong. >> did she talk about her marriage with you? >> not really about her marriage. you know, i know to me she just appeared very content, you know, very happy with the way her life was. you know, never heard her -- she wouldn't discuss her marriage, no. >> when was the last time you had spoken with her? >> about ten years. >> ten years? >> um-hmm. what happened you with guys that you didn't all that time that you didn't speak? how did that work out? >> you know, danny just likes to be danny, and they like to do their own thing. we never got into a fight. there was never an argument, never a reason why we stopped talking. it just stopped. that was it. there was no rhyme or reason why it ended. >> i was the actually the only one invited to the wedding. i did not go by choice, because diane and i didn't have as close

a bond as we had, and it was upsetting. i had my first child already, and, you know, like diane wasn't there for that, which was weird. so -- excuse me. so i think for me, like i couldn't take part of -- this part of her life without the connection we had so -- ♪

tch the sample, what will come next? >> the medical part, right? that's what i'm waiting for, the medical part of it.

>> yeah, this is '05, four years before. grinding teeth, sensitivity to cold, loose teeth, broken fillings, and tooth pain, endured pin. does that say abscess? maybe that was the same tooth that was bothering her afterwards. you know, it's so funny, she would never even tell people she was going to the dentist. >> it's not like people to know that she was suffering. >> no, never. she's like i'm fine, i'm fine, i'm fine. >> diane was a very private person. people who knew her said to me over and over again, that diane didn't talk about personal matters. she never articulated feelings about anybody. >> hi, this is liz garvis calling again.

>> her mom was like a non-issue. i don't think that she really wanted to interact with her. she talked about her dad. she adored her dad. >> do we know why her mom left her, left the house, her dad? >> i did. >> you don't want to talk about her mom? >> no. i'm sorry. >> i don't even know 100% the background of the divorce. i just know everybody -- they were all very angry. >> the mother left with the next-door neighbor. >> i think it was like a family friend. >> you know, she never complained about it. she never talked about it. it was as if like -- almost like she wasn't even there. >> one time i talked to diane's mother, and she said i'm not the bad person. whatever that meant, i don't know, so i told that to diane

when i came home. she didn't want no part of it. >> diane's mother reached out time and again trying to reconcile, trying to develop a relationship with diane, and diane has brothers and diane's mother had a relationship with her sons, diane's brothers. so it was really uniquely diane who held some kind of unarticulated grudge against her mother. >> parents get divorced, but it's very rare that a 9-year-old daughter would not go with her mother in a divorce at that particular point in time. so diane herself needed to use some denial to go ahead and survive the trauma of being abandoned by her mother at the age of 9. of course, it's very painful for a 9-year-old. i think she had that vulnerabity about her.

>> this is sergeant temple. >> my name is brad. i'm actually trying to help a friend right now. they're on their way home from a connecting trip with their aunt. they just called my friend, saying that the aunt is driving erratically, that they are at a rest center. the best thing they can understand is that they are in tarrytown and those are the signs that they saw. >> okay. >> the aunt isn't picking up the cell phone right now. >> do you know what kind of car they're in? >> yeah, they are in a minivan, red, with a ski rack on it. jackie is flipping out. she can't remember the license plate number. >> just based on what miss jackie hance told me, that this was out of character for her sister-in-law not to answer the phone, and also the fact that one of the children had mention that had her aunt wasn't feeling well. i asked mrs. hance if diane schuler had any history of medical problems. i think i even asked her, you know, if she had any history of drug abuse.

again, these are questions that i would ask anybody, and she said, no, so at that point i kind of treated it as an overdue moist/possible medical emergency, but at that point we were just checking to see if we could locate the van. >> there's a number of ways that she can get to the entrance to the taconic. she could have gone up 9a and gone across or gone up the taconic and simply made a u-turn, so how she got to that exit ramp, we don't know. >> state police, sergeant temple. >> listen, i have a family here that thinks that they might have a medical emergency of their sister, and she's got five kids in the car. >> okay. do you know if there's any way that we can track her cell phone to get a location if i give you her number? >> we can try it. >> the last name? >> s-c-h-u-l-e-r.

>> but on her voice mail she says hans. >> the phone bill is either schuler or -- >> he's talking on the phone. . >> does the cell phone bill come in schuler or hans? copd makes it hard to breathe... but with advair, i'm breathing better. so now i can help make this a great block party. ♪ ♪ [ male announcer ] advair is clinically proven to

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i got a phone call from my brother-in-law, diane's brother. then i got my keys and my brother, and we went upstate. >> he asked me if i would take a ride with him, see if they could find diane. >> i was at work. when i heard jimmy call and say danny's coming over, he needs me and we are going to find diane. at that point we just thought she wasn't feeling well. r alcohol levels for whatever sample we're testing, so it's

blood, urine, brain. >> is this where diane schuler's blood-alcohol was tested? >> yes. when we talk about the effect first of alcohol, the frontal lobe of your brain starts to be affected around .010% .10%. diane shuler had over ten drinks in her at the time she died. her blood alcohol was 0.19%, and the vitreous humor was 0.23%, and gastric contents were 0.25% alcohol levels. >> i'm a psychiatrist, trained in general psychiatry and then did additional training in drugs and alcohol. once you start getting over 0.2, then you start getting into

alcohol toxicity. that's the level where people are needing to show up in the e.r., becoming unconscious, having blackouts, and even going into coma. >> with the marijuana on board, one and one don't equal two anymore. they potentiate each other, so then she has the effect of the marijuana as well as the effect of the alcohol. >> alcohol may increase the absorption of the marijuana, so that people who drink first may experience stronger effects, so if she wasn't accustomed to drinking and smoking at the same time, the marijuana affected her so much more than she had anticipated. and marijuana being a hallucinogen your cognitive function can deteriorate pretty rapidly. >> the thc, which is the active ingredient in marijuana, her level was 113 nanograms per mil, it was very high. so we were able to tell based on research she could have smoked anywhere from 15 minutes to an hour before she had this accident.

marijuana is our number one drug of choice after alcohol or with alcohol. in factor fact, it's outpacing alcohol as being found in drunk drivers, throughout the nation, not just here. >> one thing that they mention in these things about the pot, what do you make of that? >> not true at all. not true at all. on a rare occasion she would, but definitely not that weekend. absolutely not. >> was it something she used to relax? something she used for stress or something she used for fun? >> on occasion, on occasion to relax. that's all not true. everything in here is not true. >> when did she use marijuana? did she use it when she was at work? >> no, no, i think it was mostly to be able to get a good night's sleep. i think after everything was done, clothes were ironed, kids are in bed, books are read, everything was done, and she would have some before she went to sleep. it wasn't like you would -- you would never look at her and

think she smoked pot, but some people do. >> did she ever discuss it with you, like why she took it or just -- >> no, i just knew that she smoked. >> the question is, why did she need to use marijuana to help her relax? help her go to sleep? what was so painful for her? there was something in her life that was not controllable basically from the age of 9 on. if you cannot control what happened at the time that it happened, they themselves hyper responsible, tightly wound, and she was okay as long as she was in control. >> having a history of an early loss or trauma definitely predisposes one toward both mood disorders and addictive disorders. so statistically, she's at risk.

hicle just prior to the accident. they were getting off pleasantville road exit, and they observed her coming at them the wrong way coming down the exit ramp of the taconic. >> it was literally as if we weren't even on the road. she's coming toward us, you know, i'm blinking my lights, beeping the horn, she's flailing. we drove up on the grass. because otherwise we would have been hit. she never put on a brake, she never even -- her eyes didn't even move. >> it's just i'm going where i want to go, i'm doing what i need to do, i'm where i want to

be. >> and then she went around the bend on to the highway itself. >> we know that diane schuler enters the taconic state parkway going south in the northbound lane approximately 1.7 miles north of the point of impact. she drives this 1.7 miles at a high rate of speed, and you have half a dozen callers to 911. >> state police, 911. >> state police, you've been northbound taconic, there's a minivan in the right lane going southbound. >> 911. >> hi, i'm on the taconic expressway, just passed exit 100-c. there's a car going like 70 miles an hour in the wrong direction. >> it was very surreal seeing it coming at you so what you had to do, thank god nobody was on the side. i was able to go over a couple of lanes as thvan came by me and i said at the time 70 miles an hour. basis it was speeding right by. dead pin straight, it wasn't doing this. dead pin straight. right after it happened, that's when i called 911.

>> yeah you've got a guy driving south on the northbound taconic parkway. i was in the left lane. he's going like a bat out of hell, should already be on the parkway right now. it's a minivan. >> state police 911, what's your emergency? >> i'm on the taconic -- hang on. >> the van that's going southbound? yeah, they're going out for it. >> yeah, i just remember saying oh, my god, oh, my god, i was just trying to draw attention to get validation from rich that maybe something peculiar was there on the road. >> my heart was going about 200 beats a minute and just to react quickly and get out of the way and then the car went past us. >> it was just like playing chicken. she was going straight on the road. we saw something coming at us. we reacted, we moved. she had no reaction at all. she didn't stop, didn't slow down, didn't move.

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good afternoon. >> hi, doctor. >> i don't know if i can get up, because i'm all wired. >> very nice to meet you. >> how are you? >> nice to meet you. >> thank you for making the trip. we appreciate it.

>> uh, okay. the autopsy report includes chemical analysis, toxicology, and i reviewed some witness statements and police statements, and i gained the impression that the autopsy was done properly and was done well. so is there anything that would, based on the autopsy, account for this crash? alcohol and marijuana actually would. >> we obviously don't know much about this, but she would not do this. there is something wrong with this picture, and i don't want her being a poster child for drowning moms, because she would

never tell me she does is it. you tell me my sister who passed away? yes, she probably was drinking 100%, but this wasn't diane. this wasn't his wife. she would be the one to yell at us our kick or butts. >> what are we going to do? >> i just feel, which is me being my strong opinion, is as soon as they saw alcohol, it was all stopped. okay, she was drunk, she was high, that's it, categorizes that, drunk mom driving five kids in the car. >> what about the abscessed tooth. >> the which? >> abscessed tooth. >> an abscessed tooth? >> could that cause a stroke? >> could that cause a stroke? >> yeah. >> in theory, yes, but based on the autopsy, there is none that i saw on microscopy. a stroke is something like this, and it does cause alcohol -- >> but could that reading be a mistake due to other medical conditions that people don't

know that she had? >> it could, but the question of the alcohol will always prevail. >> so say we exhumed the body, and there's a really bad abscessed tooth, there's x-rays from years ago. >> but the question will still prevail how could it have caused alcohol in the vitreous. >> maybe she had a stroke and by mistake she thought that was water and drank it. >> we want to know physically happened, if she did have alcohol in her, did she stop and be incoherent and do something that happened to her? we're even willing to say that, but there's no way if she was in the right state of mind she would go and take that bottle. you tell me she was having a stroke or hallucinating, this or that due to an abscess, we're going to have to live with that. >> if she did have an abscess she could have had such pain and

takes whatever is available to alleviate the pain. >> no, i don't think so. >> she wouldn't do it to ease the pain. she would have to either be thinking it's not water -- >> she's not thinking clearly because she had a tooth abscess. >> okay. that's what i'm thinking. >> okay. so if she had a tooth abscess, what you could do is say to yourself she had severe pain, and she had to alleviate that pain now, not in an hour, now. >> so she drank 1.9. >> in 45 minutes? >> you know -- >> someone who drank once a month maybe? >> look, it really doesn't make sense my trying to convince you. you have to have your satisfaction, your satisfaction is only if you're going -- is only going to be achieved if you send it to another laboratory to redo it. >> so that would be the next step? >> that's the only way i know what to tell you. >> and then also with exhuming, that's the way to go? >> yeah.

>> it's very frustrating. people have promised us the world that they were going to find out, get to the bottom of it, retest and everything, and do that, and it's been a year and three months. >> when you say people you mean -- >> our investigator was supposed to get the samples and send them to another lab to check dna. >> and he didn't do it? >> we don't know. that's what we've been asking for. right? >> yeah. >> we do appreciate you looking at everything and doing this. >> thank you so much. >> you're welcome. i sincerely hope that you find peace with this. >> it's 5:00. i need like 100 cigarettes.

♪ d? >> did you? >> i'm encouraged enough that he's willing to retest it.

urprised that he doesn't think there was an error. hopefully, we'll be pleasantly surprised. no one in my family knows i smoke. >> i need terese, please? >> sure. >> thank you. >> terese, come in, please. >> i had a conversation with the lab, and they indicated to me that tom ruskin had sent them the samples and that they had given tom ruskin results but they couldn't give me any

information because that all belonged to tom ruskin, and we would have to go through tom ruskin to give us the information. >> did we call? >> to tom? >> yes. >> that's when we placed all those phone calls. >> did he ever send me any samples, letters, anything? >> no, we never heard from him about any of that. >> the biggest problem i have in this case is what happened with the investigator. that's something i have to live with. >> so danny couldn't call the lab, even though he retained tom? >> that seems crazy, but that appears to be the case. >> i can't pick up your call right now, so please at the tone leave a message, and i'll call you back as quickly as i can. >> hi, tom. it's jane schuler.

long time no talk. i really, really, need to talk to you, and i really need you to call me back. thanks, bye. >> there's just so much pushing i can do. she's taking care of my son and working, there's just so much i can do, you know? it's getting old fast. >> what's getting old? >> everything. >> he has different views, and it's black and white with him, very black and white. he has completely different views about things. you know, he's -- i don't get it. i know it sounds stupid. he's off all day. you're off all day, you don't -- no offense, you don't even see bryan, you take him to school, see him for five minutes and then go. i'm working 14 hours, and then get over there. i don't understand what you're doing to me. why are you getting crazy? you're off all day. i told him, you're going to go

back and work during the day and find out what a real working parent feels lying, and i said you have it made right now because he's driving -- everyone is like ready to put their foot down about it. ♪ , bryan is looking at something and he's like, clean it up, come on, let's go. and bryan is looking at a picture of mom and erin, yeah, yeah, you're right, i mess them, too, blah, blah, blah. you don't notice how you sound. that's right, bryan, i know you miss them. he has to know, this is the way life is now. it's like, okay, but he can cry. you can cry. we can all cry. what is that going to do? well, we'll be sad.

the only positive thing is we've got bryan in therapy. bryan had a very bad meltdown last month, extremely bad, about mommy. he doesn't want to hear it, danny, but i spoke to a pediatrician, and the pediatrician told him you have to get him enrolled. we have an appointment tomorrow at 10:30. i told him, he has to work on forgiving diane, because he does not forgive her right not at all for what's happened. the way he doesn't forgive her is he never wanted kids and this is where i'm left now, and she was supposed to do all this. i said, okay, it's okay to be pissed at her, you know, that's okay. but you have to work through it, and he's like what's there to work through? this is my life. this is it.

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there will never be a concrete answer with absolute certainty which can be given to what happened, but there's several plausible hypotheses. is it possible that that day in question she was in so much pain she went to analgesics, gel caps? when there was none available,

could she have anesthetized her physical pain by taking just one drink so that she could relax enough to drive and then she lost control and she lost perspective as to how much she was drinking? that kind of slippery slope does occur. people who have a deep pain sensitivity, who cannot stand feeling helpless and feel they need to be perfect, and she has had reasons in her life for all three. >> did she consume an initial small amount in her right mind, not impaired? did she think because the kids were there, did she think she had to get in a lot quickly and misjudged? and, in fact, shot her blood-alcohol concentration you have much higher than she would

and then something happened that she then consumed in a way that was very dangerous and unlike her, something beyond intoxication. did she have an infection going on? did she have a fever? that combined with the marijuana and alcohol could certainly precipitate a delirium. a brain event that triggered where she was beyond poor judgment, she was not in her right mind, that we don't know what she was thinking, hearing, feeling. >> hi. tom, i do appreciate you calling me back. >> i'll always call you back. >> yeah, no, i'm just -- you know what, tom? i'm just so upset, because i don't know what happened. >> with what? >> all i know is when i spoke to

terese, she said we needed you to get an approval to say that you can release some things. >> let's put it this way, all right? as i promised danny, we retested the beginning of last year, and i devoted my time, because there was no additional monies, but i sent the results to them. >> to dominick? >> i never even heard back. and i called danny, you. >> i was told not to pick up, because at this point they didn't feel -- they didn't believe that you were doing anything. >> so whenever that was, i was trying to give you the results of the test. >> i don't know what to do anymore. >> well, we retested the samples, and it came back the same. the toxicology and the autopsy was correct. >> but can't you see how confused i am now? >> we'll never know if diane purposely did this.

we'll never know. >> tom, you know, i'm spinning around in circles. >> i can understand. >> i have one person saying one thing, another person saying another thing, and then i do believe diane wasn't drinking, and all i want to do is prove if there was alcohol, what happened to her. >> all i can tell you is all tests were consistent as if diane had drank and been high that day. >> it's just overwhelming. >> so you tell me -- listen, i've always been straight with you. if you believe me or not, i can't help that. >> that's the thing, i've always believed you. >> i will tell you one thing further, the dna was hers. >> so what am i supposed to do now, tom? >> you tell me. i mean, i'm returning your call. >> i don't know.

t mile marker are you at? >> what mike marker are we on? >> pleasant road. >> hold on, stop yelling. >> 911. >> listen -- >> are you out at the scene right now? >> yes. i'm at the scene. >> are there any injuries? >> no, we have fatalities. >> fatality at the scene. stay on the phone with me, let me give you ems. hold on. >> okay. send an ambulance. we have a possible car fire. the car may blow up as well.

>> so a car fire and fatality? >> yes, numerous fatalities? >> numerous fatalities? >> 4.1 northbound taconic. >> diane schuler drives against traffic for 1.7 miles in the fast lane, never veers, seems to have a serene, almost oblivious look on her face. and kills eight people, the worst accident in recent memory. >> diane schuler hits the vehicle, which then crashes into vehicle number three, and the schuler vehicle goes off the road, down the hill, rotating, and eventually begins to burn. >> a lady was screaming? spanish, there were kids in the car. i went down the hill with this other fella. we were trying to get the door off. the door wouldn't open. we couldn't get the slider door. we were looking for the driver, we couldn't find her. the car was fully engulfed in

the front. ♪ >> we're the first ones there, and we just kind of circled the car, checking the doors. he checked the other side, i checked the driver's side, it was locked. i went around, ended up breaking the passenger side window to unlock the door. >> we finally got the door open. the guy i was with, he opened the door, and her body fell on top of our legs. >> when she fell out, she like

rolled into the two of us that were standing there. literally i had to step over her to reach in for the kids. we were just concentrating on getting the kids out of the burning car. they were piled on top of each other. one of the fellas handed meet girl, i laid her down on the grass, put my head on her chest, i talked to her, prayed for her, please jesus, help her wake up, please make her wake up. she wouldn't wake up. er. traffic was completely stopped. i had to drive on the shoulder of the road to get there.

>> man. >> when i got there to the scene, i saw a minivan, which was burnt in the median down a hill. i also saw two suvs northbound on the taconic state parkway. these vehicles had extensive damage to them. >> some of the people in the cars got involved and actively tried to help. some were on the phones with 911, and some were just screaming. the scene was very chaotic. , the victims, and i immediately noticed a little boy. he was hurt, hurt pretty badly.

he was combative, he was crying, which is a good sign. that's why i immediately put him in the first ambulance. >> i didn't even know he was there. but he was underneath everybody. thank god he was underneath. then i went to the top of the hill. i lost it. i started crying. i tried to go help the other fellows that were in the car crash. and they were dead. i felt all their pulses. they were dead. one fellow was hanging out of the car. >> there were some people that did attempt to take pictures of the victims, which we wouldn't allow. we put sheets up to preserve their dignity. it was the only thing we could have done at that point. there was no one more to help. ♪

♪ ♪ , your mom and your whole family. it says warren andry broken, but

you need to go and have a happy life. by doing this, you will show bryan that he can do the same. my life ended july 26th, 2009, for whatever reason, my purpose for living was taken. when you have children one day, you will understand you live and breathe for your kids. warren is having a hard time. all the women in his life have left him, and he won't let me out of his sight. i pray our pain ends soon, and i can see my girls. give bryan a hug and a kiss, and know that you are a great person with a lot to give. love, jackie. iane schuler was a bad person. what evidence we have is that

she was a very good mom, and a very good person generally, maybe a bit too good, a bit of a perfectionist. i don't see any evidence that what she did was intentional. given the fact she was generally someone with very high standards for herself, was someone very socially connected, a good protector factors, so even if she found out some horrible news, i don't see it likely she would kill herself, especially not in the manner that this tragedy occurred. it's hard to imagine, isn't it, that simple coincidences can be a major tipping point and can result in a major catastrophe. it's not something we are built as human beings to be able to live with.

♪ ♪

it was a shocking trial, revealing details of sex, stalking and secrets. now five years after jodi arias killed her former boyfriend, after five months of riveting testimony and a conviction for first-degree murder the jury deadlocked over whether jodi deserves the death penalty.

as jodi's fate continues to hang in the balance, she still faces life in prison or a death sentence. tonight, you can watch the testimony, weigh the evidence and you decide what jodi's penalty should be.