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tv   Larry King Live  CNN  September 2, 2009 12:00am-1:00am EDT

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>> yes. i appreciate you being such a good sport. >> no problem. >> as always. >> see the most recent shots on the website, ac360.com. larry king starts now. see you tomorrow night. >> larry: tonight exclusive, the man whose wife killed their daughter, their three nieces, three men, strangers in an incoming car and herself in a horrific wrong-way crash is here. the medical examiner says she was drunk. maybe high on pot when she drove head on into tragedy on a new york highway. but her family and friends say there's another explanation to this heartbreaking story. they say they have evidence to prove it. how do they explain a bottle of vodka in her van?
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did she use drugs? could she have kept a secret from those who knew her best? all next on "larry king live." good evening. before we begin, we certainly would like to offer our condolences to the families and friends of all eight people killed in the crash we are going to discuss tonight. on sunday, july 26th, diane schuler, while on her way home to long island from a campground drove the wrong way on new york's taconic parkway with a minivan full of children, eight people in all were killed. including schuler, her 2-year-old daughter, three nieces, and three people in an oncoming suv. now authorities say that she had more than twice the legal amount of alcohol in her system at the time and evidence of marijuana. joining us in new york are
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daniel schuler, diane schuler's husband, jay schuler. daniel's sister-in-law, and diane's very close friend and dominick the schuler family attorney. we thank them all for being with us tonight. daniel, you lost your wife, your little girl, three nieces. how are you doing? >> i'm taking it day by day. there ain't no words for it right now. it's hard. >> how's your little 5-year-old son, brian? >> he's doing a lot better, thank you. >> he's the only survivor of all of this, right? >> yes, sir. >> what is his condition? >> he has two broken arms, a broken leg but he's going to make a full recovery. >> let's get into all of this. how do you feel about the losses on the other side? the people in the other car. >> my heart goes out to them. i'm very sorry to everybody. >> larry: let's go back to sunday, july 26th.
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you're wrapping up a few days' vacation with the family at a campground. what mood was everyone in that morning? >> very good. very nice. we were looking forward to going home, to beat the traffic. and everybody was happy and doing good. >> larry: you left in separate vehicles, right? she had several children with her. why separate cars? >> everybody wouldn't fit in my truck. we had to take another car. >> larry: who went with you? >> my dog. >> larry: did you have any concerns about them at all? >> absolutely not. they were with my wife, they were in safe hands. >> larry: she stops at a mcdonald's along the way. left there about 10:45 a.m. according to everything we have been able to find out she is okay, right, at that point? >> absolutely. >> larry: now, four calls were then made to and from diana's car en route. one of the calls sounded fine.
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discussing future plans with her sister-in-law. what can you tell us about that? >> you'd have to -- >> the four phone calls made, the first phone call and second phone call are fine. by the third phone call from what we understand, she sounds as if she's had some sort of a psychiatric or stroke-type issue. she is unable to see clearly and she's saying words in a very strange fashion, not in an alcoholic fashion. and i think if i may, larry, just to digress for one moment so we all know where we're heading, the chief medical examiner, dr. highland tells us, i've never had this happen in 40 years says, quote, she has no signs of capitalism, chronic capitalism, her liver, pancreas and every other part of her body, including esophagus shows no alcohol abuse.
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so when he leaves the campground, we know she's fine. they have decided not to prosecute my client because they believe, clearly, that he had no knowledge of anything that would make him think she was not going to drive safely and carefully. you know with why they choose her as the driver? because she never had a traffic ticket. >> larry: daniel -- hold it. hold it, dominick. daniel, you know your wife well. if something were happening to her, something strange, why didn't she pull over? >> i don't know. she probably thought she was fine. >> larry: other people are reporting she's not. she's not sounding right. something's wrong. wouldn't someone -- wouldn't her own intelligence tell her to pull over? >> maybe medically she was messed up with whatever what was going on. >> larry: jay, you were a close friend of diane's, right? >> yes. she is my sister-in-law.
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>> larry: what do you make of this? >> i really don't -- i think something medically had to be wrong with diane. she would never jeopardize the children. you know, she fell -- if she knew something was wrong she would pull over and stay there. she -- i don't -- we are just confused. and that's why we need answers by having this investigated because this isn't diane. >> larry: authorities -- authorities said she was drunk, evidence of marijuana in her system. let's listen to what they said. >> toxicology from that autopsy shows that diane schuler had a blood alcohol content of .19%. legal limit for intoxication in new york state is .08%. toxicology also reveals diane schuler had a high level of thc. thc is the active ingredient contained in marijuana.
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in conjunction with the collision reconstruction unit detailed examination of the schuler's van, investigators recovered a broken 1.75 liter bottle of vodka. >> larry: daniel, how do you explain the vodka? >> we'll usually keep it in our camper throughout the whole season. one bottle. >> larry: why? why? >> you have pina coladas sitting by a campfire. >> i don't want you to think they are talking about having a new bottle every week or day. they have one bottle for the season. >> this bottle would last from may until october. because that -- >> larry: are we saying here -- daniel, are you saying that the authorities are lying when they say there was 0.19 of alcohol and evidence of marijuana? are you saying they are making that up? >> i know my wife wasn't drinking. she doesn't drink, very rare. >> larry: why would the authorities say that?
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>> there's an error. >> there's an error somewhere. >> larry: an error? okay. we will take a break and come right back. more on this in a moment with daniel schuler, jay schuler, dominick, the schuler family attorney. the question tonight, the drunk driving laws in my state are too lenient, too strict or right on? pick a choice. tell us what you think. back after this. their prescriptions on time. readyfill at cvs pharmacy automatically refills my prescriptions and reminds me to pick them up. you mean, reminds me to pick them up. [ chuckles ] stop by your local cvs pharmacy to ask if readyfill is right for you, and get a $25 coupon book. readyfill, only at cvs pharmacy. wouldn't it be great if it were easy to spot the good guys ? you know, the guys who do a super job. introducing the superguarantee.
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i'm not familiar with any crash that's reach the magnitude of this. >> one of the deadliest car crashes in new york state history. >> a bombshelby the medical examiner, solving what -- >> long island mother diane schuler was stoned and drunk when she plowed into the suv. >> i have been with the state police for 24 years. this is the most horrific accident mainly because of the children involved. >> larry: daniel, did you ever see your wife drunk? >> no. no. >> larry: did you ever have a party where you may have all had drinks together? >> sure. a drink or two. family barbecue. >> larry: was she drinking the night before? >> no. >> larry: this is a total mystery to you. >> absolutely. >> larry: how about the -- explain the marijuana. >> well, if -- to ask whether or not she smoked marijuana that morning, the answer, of course, is no.
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and whether or not she had ever tried marijuana in her whole life, we are not able to answer that at this moment. remember, not only is my client a member of the police department, we have a little boy we want to get home. i'm not going to let him answer that area. but clearly -- >> larry: also he wouldn't know. you don't know what she is doing when you are not with her. >> that, of course, is also a possibility. however, larry, when you raise what happened that morning, whether it be the phone calls or not, mr. ruskin is also here today. >> larry: we'll meet him in a minute. he'll be on. >> he has a great deal of information about other places she went to. >> larry: we'll get to that. a spokesman with the new york police department told us today levels were indicative of mrs. schuler smoking marijuana 15 minutes to one hour of the accident. now, since he won't discuss marijuana, dominick, how do you explain that?
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you know of the new york city police are not lying. >> as a state policeman, number one. number two, i can assure you, if it ever occurs and probably will never, if i cross-examine that expert, you are not going to ever hear that there was marijuana smoked within that short period of time. however, what is most difficult, frightening, most difficult to understand is here is a woman who never drank. here's a woman who -- >> larry: no, she drank occasionally, he said. >> larry, you're talking two pina coladas a year. without making a joke, i would think some of the newspaper people drink that much in a night. but the answer is, here's a woman who never drank, never had a traffic ticket and all of a sudden, if you believe the facts the way they are, she had to drink nine ounces of alcohol straight.
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that which they found of her stomach, six of the nine ounces were pure. >> larry: i understand. daniel, since this is a terrible tragedy, your wife is gone. the little kids are gone. your son was, thank god, saved. three other totally innocent people are dead. why don't you just let it go? why hold -- why appear here? why question whether -- she is gone. you can't bring her back. we're never going to know the truth, really. so why are you carrying on? >> we will know the truth. i know my wife. she's not an alcoholic. she would never drive with kids her car -- >> larry: okay. we'll never know. since we'll never know, why keep on doing this? >> the truth, the truth will come out. >> 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. we wanted -- we want testing, further testing to be done to show -- we are make thing effort
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because there's no way possible that we will believe that she was drunk when she got in that car or while she was driving that car with those children. absolutely not. the other families need to know this. and we are not going to let it go. >> larry: i got it. for the record we asked the medical examiner's office for a comment. they provided us with this statement today. we stand by the findings of the medical examiner's report. that's from donna green, medical examiner's office, westchester county. the other families also speaking out to us. we will talk about that and back in 60 seconds. stick around.
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>> larry: dominick, what's your theory as to what happened? do you think she suffered a
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medical crisis? what do you think happened? >> we are not sure totally. one thing we have learned is that her body was charred. i read from the medical autopsy report that there was charring of the body because there was a fire. and i found -- my doctors found numerous cases where you can actually have the sugar in the blood turn into alcohol. i don't know if that's it. what i really believe occurred is the tia which is a type of a stroke that would not have shown up necessarily and i know later we're having a medical expert on. but tia driving can cause a lot of the things that happened here. what she tells us we know is that "a," she couldn't see. "b," that she was having problems speaking. yet, she gets back in the car. that is so not right for this woman. >> larry: weird? >> weird is -- it's a good word.
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and she leaves the phone on the bridge. >> larry: dominick -- i'm going back to the original i asked daniel. we may repeat -- i don't want to be repetitive. it's all gone. everybody's gone. why are we continuing with this? >> i think that -- >> larry: where are you going to take this to? >> "a," i think that's a very fair question, larry. number one, this man -- we have spoken about this for hours with his family. he refuses to accept -- he refuses to accept she was drunk at all. he will not accept that. >> larry: all right. all right. >> beyond that -- >> larry: why can't we leave it at that? >> beyond that, he also wants the answers to how and why all this occurred. and i believe that -- as the public gets involved and, by the way, through a poll, 60% of america now believes that she did not intentionally get drunk
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and cause this accident. 60% of america. and number two, what's most important is -- if you know everything about her and this is not a case where she is a hidden alcoholic or a secret alcoholic or she drank once in a while in the closet. that never occurred. why did she get back in that car with the people she loved more than anyone? nieces, three of them, and her own children. what happened? >> larry: a number of families have been impacted by this tragedy. more on that and their statements and more questions after the break. um bill--
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i feel that it's inconceivable, at least from my vast experience as a lawyer, that nobody in the deceased driver's family was aware of the fact that she had a drinking problem or a drug problem. >> larry: we received this statement from the attorney for the longo family. first public comments from them since the accident. the scientific evidence indicates that diane schuler was intoxicated and under the influence of marijuana at the time of the crash. any claims denying her responsibility for this tragedy are wholly unsubstantiated and the longo family feels -- finds these claims appalling, offensive, and hurtful. they have lost a loved one to a senseless tragedy and these
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claims do nothing but add insult to injury. how would you respond to that, daniel? >> we all lost loved ones. she wasn't drunk. it is a tragic accident. >> larry: they are saying that you are hurting them -- they are saying in a sense, daniel, that by doing this, the press conference and appearing here tonight, you are prolonging their agony. >> larry, if you lost a loved one, wouldn't you want to find the truth what happened? >> larry: sure. >> i know the truth, what happened, with my wife. she is not an alcoholic and doesn't drink. she is an outstanding mother. >> i'm sorry -- >> larry: hold it, dominick. give me another explanation, daniel, for the vodka bottle. you mentioned pina colada, that's made with rum. why wasn't the vodka bottle at the camper? >> they used the vodka for pina colada but that's irrelevant. >> larry: i asked it of daniel,
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dominick. >> yes, sir. >> my wife packed all the bags in the day. i carried them from the camper to the truck. i'm very surprised the vodka bottle was in there. i had no idea. >> larry: why did -- does it give you pause to think that maybe, just maybe, she was a drinker and you didn't know it? >> i have been with her 13 years. absolutely not. >> larry, remember that the medical examiner -- you know, when the case first came out, i got involved. i said she wasn't an alcoholic. i was highly criticized by everyone. made fun of by certain newspapers. the police and the medical examiner tell us that she was not an alcoholic. i never heard of that being said by a police department or medical examiner in any case.
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>> larry: how would they know? >> examiner -- i will give thank you quote. it is from their press release. based on the examination of the liver -- this is from them, not from me. the pancreas, the esophagus, the stomach, she was not an alcohol user. this was not -- you know, larry -- >> larry: so you're saying their reports are contradictory of each other? >> absolutely. >> larry: they are saying she used alcohol that morning but she wasn't an alcohol user. that don't make sense. >> now you're wondering what we're wondering about. >> larry: is it a plot, dominick? >> no, of course not, larry, please. >> larry: what is it then? >> the sympathy that this man feels and his family feels for the other people is so clear. he's cried in my office more than once. my client believes that she never drank at all that day. i hear about the alcohol. now, there are various things that have could have caused that testing to be alcohol but no one yet has been able to prove that.
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the charring of the body, i have one case where a state trooper lost his pension because he allegedly had an accident drunk. the car burnt. they later found out, quote, he was not drunk. it was a mistake by the fire. >> larry: would we learn more -- do you want the body exhumed? >> we are going to announce it tonight. yes. >> larry: what? >> the body will be exhumed. >> larry: you are going to have to pay the cost, right? >> of course. that's not a problem. >> larry: you are asking the body to be exhumed, more -- is that automatic, dominick? will it be exhumed? >> no, not automatic, no, sir. i didn't mean to interrupt. no, larry, it is not automatic. we have enough cause and reason to. remember one of the issues still left is the child coming home to live with the father, which i am sure will also not be a problem. but you know, i think your question is so fair and right
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from your heart, why do this? but i know you, larry, for 40 years. let me ask you again. if this, god forbid, was your family, would you want to know the bottom line and do anything to find out? larry -- >> larry: i can answer that. i would be torn. because i would be in total -- i would be whacked out. if my wife wasn't a drinker, i would be questioning this but i don't know how much i would tap. frankly, i think i might just go away. if everybody involved is dead and i have a 5-year-old boy i have to raise, i would deeply apologize to those who are dead and i think i'd put it away. i don't know what i would continue. what do i gain from it? >> there is no doubt he deeply apologizes and has. this is a very simple man. you know how many times he has been in new york city in his life? three times. he lives on long island. this is a man who likes to go out fishing and have a simple life. >> larry: you asked me what i might do. i might just go away.
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>> yet, you might also say i have to know. i have known 40 years, larry. i have a feeling -- >> larry: let me get a break. let me get a break. daniel schuler hired an investigator to conduct an independent look at the crash. his findings have added to the controversy. he's next. ated? shipping. shipping's complicated. not really. with priority mail flat rate boxes from the postal service shipping is easy. if it fits, it ships anywhere in the country for a low flat rate. that's not complicated. come on. how about...a handshake. alright. priority mail flat rate boxes only from the postal service. a simpler way to ship.
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>> larry: we will meet tom ruskin. his company is investigating the crash for daniel schuler. first, a statement from joseph longo, brother of daniel longo, who died in the crash.
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up until this time, my family and i have not given any statement to the press or media. we want to grieve in private. the loss of my brother, dan longo, left a wound that will probably never heal. i want daniel schuler to know that he keeps inflicting more pain on all concerned by once again going to the media to try to paint a picture of a perfect wife and mother. diane schuler is the one that killed my brother, dan. his friends, guy and michael, her own nieces, her own child, the perfect mother that was high on pot. my family and i pray for your little boy to recover fully from his injuries. our hearts hurt for him. for the record, we ask the families for statements they declined. tom, you are the investigator on behalf of daniel. what are you founded?
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>> what we found is everything contrary to the fact she was drinking that day. between found she left the campground at around 9:30. daniel left right in front of her. at that point in time, they proceeded, diane and the kids, proceeded to the mcdonalds. the police have said that in analyzing the video from mcdonald's that day they see nothing unusual in her behavior. we know she was at mcdonald's until 10:40 that morning. we found, my firm, and my investigators, found in a convenience store right in close proximity to the mcdonald's, we found that diane pulls in with the minivan owned by her brother and enters that convenience store after filling up her car or the minivan with gas. she proceeds and looks around the store, looking for something. she then comes back and you see her very clearly on the video engaging the store clerk in a conversation. the store clerk had given us a statement which says that he
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independently remembers diane schuler. he didn't know it was the woman involved in the taconic parkway accident. he remembers her. he picked her out of the video as we were going through the video of that day. he said that's the woman who came in and was looking for tylenol or advil gel caps. he didn't have it. she departs. you see her very clearly walking in and walking out of that store. what appears to be a totally normal walk and getting back into the car and leaving. we then know she proceeded down route 17 eastbound. >> larry: tom, that's -- very indicative. you are a veteran investigator. >> yes. >> larry: is your conclusion that the medical examiner is totally wrong, the new york police division, state police, are totally wrong, everybody is wrong but you? >> i'm not saying that she didn't have alcohol in her system. i haven't been able to determine
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that one way or the other. daniel schuler and the schuler family felt so convinced in -- in diane's reputation and her background which substantiates so far by our investigation that they went out and they pay out of their good money for private investigation firm to come in and look at this and take it where it leads it. if we found diane schuler had left the five kids in the car and went to a bar that day, we would be telling the schuler family that's what we found. we haven't found that, larry. and in all my years -- i will tell you that i spent eight years in the narcotics divisions making hundreds of arrests in my career and i never heard someone be able to tell me that when someone smoked pot and what their thc levels are and make that indicative that they smoked pot 15 to 30 minutes before. i never heard that, in all my years, 31 years of investigating. i never heard that. >> larry: we will be right back with more. can i get in on that?
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>> larry: jay schuler, i want to ask you, do you support daniel's quest to not go away and continue this fight? >> absolutely, larry. this isn't diane. this isn't the diane we know. to answer to all of the families that are wondering why we are doing this, we are doing it because i -- if that was their loved one, they would want this done, too. this isn't diane. she's a wonderful mother, a wonderful friend. and diane would want us to do
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this to fight for her, to say that -- she can't rest in peace. we can't have her rest in peace until we can clear her. and make this -- you know, try. make it happen. that's why we hired tom, we have dominick. this is what we want. we can't -- we don't feel she can rest. >> larry: daniel, what about this toothache question? >> she's had a toothache for a while, a good two months. dominick knows more about it. >> the answer to the toothache, she had an abscess in the right upper side of her mouth. it was two months old. that day she was looking for -- we can prove -- some sort of medication. not suggesting at all that the ambosel that turned into alcohol. that's the silliest comment anyone could think. i will tell you how bad that abscess was. that's what we want to look at, that that might have caused the tia we believe she had. something happened to this woman.
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something created something that caused her to get back in that car -- caused her -- >> larry: tom ruskin, former police officer, veteran investigator, what's your theory? >> i don't know when my theory is as of yet. we have investigators out every day taking down the route and going up and down that highway, looking for any type of leads. what we do know is this. at 12:08, she had a phone conversation with her brother's family and during that conversation, not only was diane coherent, responsive, she was engaged. they were talking about future plans between the families. diane was the only person on that two-minute conversation. from 12:10 when that phone call ended to 12:58 something happened. something changed because at 12:58, when emma, her 9-year-old niece engages her family in a conversation, she says that there's something wrong with aunt diane. that -- diane is confused and diane is slurring and they hear it in the background.
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something happened in that 48-minute period. >> larry: have you no theory? >> it defies logic that someone could consume ten shots of alcohol -- one shot every five minutes. >> larry: daniel, what's your theory? >> i believe -- >> larry: what do you think happened to your wife? >> i believe she had a stroke. something to do with her teeth. >> larry: with the teeth? >> larry, you have to remember now, what -- our investigator has not told you yet, we went to 30 bars, 30 liquor stores. not one person has ever come forward and said they ever saw diane drink. not drunk. drink. >> to the contrary, we interviewed dozens and dozens of people who knew diane and who worked with her, her bosses and just knew her casually from stores and other things in the area which they lived. not one person, not one, has ever seen her drunk, including her own family. that has to weigh -- that has to
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raise your mind. >> larry: obviously. daniel and dominick will remain. when we come back, we are going to be joined by dr. drew pinski, psychologist, host of vh1's "celebrity rehab" and author of "the mirror effect." and also, our own dr. sanjay gupta. he's a medical correspondent, brain surgeon and also a certified medical examiner. that's all next. to pre-wash... dissolve... and rinse the whole mess away. so in the morning your dishes will feel like new again. and so will you. cascade complete all-in-one actionpacs. for a perfect clean, every time. - oh, come on. - enough! you get half and you get half. ( chirp ) team three, boathouse?
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( chirp ) oh yeah-- his and hers. - ( crowd gasping ) - ( chirp ) van gogh? ( chirp ) even steven. - ( chirp ) mansion. - ( chirp ) good to go. ( grunts ) timber! ( chirp ) boss? what do we do with the shih-tzu? - ( crowd gasps ) - ( chirp ) joint custody. - phew! - announcer: get work done now. communicate in less than a second with nextel direct connect. only on the now network. deaf, hard of hearing and people with speech disabilities access www.sprintrelay.com. >> larry: joining us in atlanta, dr. sanjay gupta and here in los angeles, dr. drew pinsky. all right, sanjay, you are a certified medical examiner. didn't know that until tonight, by the way.
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is an autopsy report, that's it, bona fide, they say it, that's it? >> with regard to the toxicology tests which you have talked about quite a bit there, those are pretty reliable tests. when you're talking about blood alcohol levels and thc levels which give you some indication of potential time course of when -- when thc entered the body. those are reliable tests. the autopsy results -- i have not seen independently myself. it is hard for me to comment on those. they do look at all these things that are indicative of both short term and long-term use of alcohol, for example, which you talked about. >> larry: sanjay, would bringing the body up help? >> well, you know -- i guess in part that depends on what the question is you're trying to answer. lots of different theories. i've been listening to your whole show. i'm not sure you would answer any of those theories. transient attack, tia, that's something i heard mentioned
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earlier. and this basically is a temporary interruption of blood flow to the brain. now, it is transient and that's part of the definition. you probably wouldn't find anything in particular on an autopsy. there was mention of tooth abscess. you may see evidence of an infection around the teeth. as far as what that potentially caused, i don't think you are going to be able to draw any cause and effect here. >> larry: the new york state police say she had six grams of alcohol in her stomach that had yet to be metabolized. what does that suggest? >> you know, when there's -- when you're trying to measure blood alcohol levels looking at what's already entered the bloodstream and a statement of what was still potentially going to, you know, cross the stomach lining and into the bloodstream as well. basically is just common mechanics here. there was more alcohol that was still possibly going to enter the bloodstream at some point. >> larry: dr. pinsky, what's your read on this? you're not a medical doctor? >> i am a medical doctor. i'm an internist, from training.
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it makes me wonder whether or not she became cephalopathic. maybe she took something, trying to get pain meds. could she have had tia, it is a bizarre circumstance no matter how you add it up and start adding up theories like that. it's a bizarre circumstance no matter how you add it up. if you are an alcoholic you should see organ damage which they did not. >> larry: no liver damage. >> no evidence of rong-term alcohol use. drew brings up a couple of interesting points. one thing i think drew would agree with is that it sounds like from the description here, something happened relatively suddenly. when you're talking about some sort of encephalitis or encephalopathy, something that may have caused aneurysms,
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weakening of the blood vessels caused by infection. had she had a significant illness at some point that led to that? i don't know. you know, it is -- you hear this description, she was fine up until a certain point. makes it sound like something relatively sudden happened. >> larry: i want to take a break and see if you agree with daniel schuler, for want of a better time, fight this? don got away.
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>> larry: do you love her? >> definitely. >> when i look at it now, i can't believe that actually happened. >> larry: what do you think caused you to be violent?
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>> larry: before we get back to the discussions tonight, i want to remind you about our exclusive interview with chris brown tomorrow night. here's a sneak peek. when you look at this, do you feel like you are looking at someone else? >> yes. from the outside looking in. you see on tv when i'm saying -- >> larry: you punched her a number of times and threatened to beat the blank out of her. when you got home, you said you were going to kill her. you bit her on the ear. >> yeah. >> larry: obviously, this is -- you don't feel like a violent person at all? >> no. >> larry: you appear rather calm. rather nice. what happened to you? do you think? >> well, i guess that night -- i wish i could take it back. i really regret it and i feel totally ashamed of what i did. >> larry: that's chris brown exclusive.
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9:00 eastern, 6:00 pacific tomorrow night. let's check in with anderson cooper with what's coming up on "360." anderson. >> new details about the man who allegedly kidnapped jaycee dugard 1 years ago. and the woman who married phillip garrido in a prison waiting room. what did she know? and the fires show no sign of letting up. we have a live report from the fire line. and a "360" special investigation. people selling their own organs on a thriving black market. details on that and more, tonight, larry on "360." >> is there ever a dull day, anderson, ever? >> i wish there was. >> larry: anderson cooper, "ac 360," 10:00 eastern, 7:00 pacific.
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>> larry: before we get back with daniel and dominick and their comments on what we heard from sanjay gupta, how unusual it would be for a medical examiner's office to get a toxicology report wrong? >> unusual with regard to these two substances. alcohol testing, it's a widely performed test. usually look at sensitivity of a test to figure out how sensitive and the specificity. it's a good test. you can measure levels quickly. it sounds like they did. with regard to this, maybe not as good as alcohol but still pretty good. i think it may be hard to tell the exact levels. you can get some idea of time as to when the substances entered the body. >> daniel, didn't this, therefore, puzzle you? >> absolutely it does. >> larry, it's just not true. >> larry: hold it.
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hold it dominick, what do you make of it? >> i think i'd like to ask both doctors the following question if i may, please, larry. >> larry: you may. why don't i have daniel answer my question first? >> i'm sorry. i thought you said my name. i apologize. >> larry, it's not true. >> larry: daniel, what do you make of this? that's all right, daniel. what do you make of the conflicts? >> i don't know what to make of it. someone messed up somewhere. >> larry: all right, dominick, what did you want to ask? >> apologize. doctors, assuming the following, if i may, she doesn't drink. the medical examiner's report said she is not an alcoholic. yet, to believe all of this she drank eight to ten ounces of vodka in 10 to 15 minutes. most of it undigested in her stomach. would both of you say something had to happen, whether it was the abscess or some other tia type of event or something that -- >> larry: we got it. dr. pinsky, what would you say? >> i think that is a potential theory. she impulsively took some substances in an attempt to gain relief from whatever she was experienced in an altered state.
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that's a viable explanation. i must say, i mean there are things -- it's a mystery, let's face it. it's just a horrible situation. and it is still shrouded in mystery. alcohol is a substance that people use to hide their drinking. but yet she has no organ damage to suggest she is a regular user. she had -- vodka is something people use to hide their drinking of alcohol. and, you know, there's no evidence that she is a chronic user on the pathology specimen. yet, i would trust the results if there is was something there. but i would try to come up with an explanation of why this woman, in an altered state might have done this? >> larry: do you -- do you understand why daniel continues to -- >> a little bit. but i sort of feel like you. >> larry: you'd want this to go away? >> yes. >> larry: what do you make of dr. daniel trying to bring this to some fruition that favors his side? >> i -- i don't know, larry. emotionally, i'm sure, it's incredible. i can't even imagine what it feels like. i don't know.
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and to bring it to some sort of closure seems like would be the right thing to do. you know, to dr. pinsky's point, whatever the impetus was to try to drink that much alcohol, if that's what happened, you know, who knows? i haven't heard a tia, for example, causing someone to be impulsive. who knows? >> it's possible. it's possible. >> larry: all right, tom is still here. are we ever going to get an answer? >> i hope we can get an answer. this is one of those cases that could end in a mystery. i'm hoping we can bring some closure. two other points i'd like to make. >> larry: quick. >> we'll never know if she drank out of that alcohol bottle because the alcohol bottle was broken. and we'll never really know why she took that road down other than at the time it was a very unmarked road that she took south to go in the northbound lanes. >> larry: we'll get a break and come back with more right after this. ( revving, siren blares )
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there's no way to hide it. sir, have you been drinking tonight? if you ride drunk, you will get caught... and you will get arrested.
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>> larry: daniel, have you talked to the parents of the niece who's were killed? >> yes, it's my brother-in-law. we keep in touch. we talk. >> larry: and? >> they're having a hard time with it. they're managing slowly, day by day just like i am. >> larry: what do they think about what was the condition of your wife? >> they don't believe it either, not for a second. >> larry: dominick, it is possible this is going to be an unsolved mystery? >> it might be an unsolved mystery. i want to thank you for bringing on the experts you brought on. because what they've told us is what we've been saying all along. it just shows what a fair
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gentleman you've always been. thank you, larry. >> larry: drew, what other areas would you look at? stress issues? >> stress issues. obviously previous psychiatric conditions. >> none. >> i understand. but he asked what we would look at. you would look at family history, whether there is a history of alcohol or addictions and it could have been catastrophically precipitated. i tell you, the pieces just don't all fit together. i agree with these guys. >> larry: supposedly she didn't have an alcohol or drug problem. could you keep a secret like that from a family? you're into stuff like that. >> oh, yes. not personally but my patients. oh, they can. >> larry: you could keep that? >> oh, they can. >> larry: she could have hid it? >> there is too much progression. but intermittent binging habit, i would hope they could do a hair analysis or something and try to vindicate things that way. you know, there can be something else. >> larry: do you agree with exhuming the body? >> you know, it's not my place
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to agree or disagree. but it certainly could -- i would look very hard at that. i would look at her kidneys to see if there is evidence of chronic infection. i would look more carefully at her liver to see what's really going on there in a microscopic way. whether or not there is any evidence of any alcohol use. i've seen things in the lining of the esophagus. an independent person could really shed light on this. >> larry: daniel, what do you want to say to the relatives of the people in the other car? >> oh, i say that a drunk driver did not do this to your family. something medically had to have happened. >> and as far as examination of her kidney, liver, everything, microscopically no alcohol abuse. something happened. and if someone with five children in a car that you love dearly had to pick a bottle up and literally gulp eight to ten ounces of vodka, no one without a stroke or something occurring would do it. >> larry: we thank all of our

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