yesterday, police said schuller had been smoking marijuana and drinking vodka. >> diane schuller had blood alcohol content of 0.19%. the legal limit for intoxication in new york state, is 0.8%. >> around that level of alcohol, you also get tunnel vision, where your perception is changed. so, you can't see peripherally all the time, depending on her tolerance she has to alcohol, as well. >> i mean, come on. blaming signs and blaming this. it didn't make sense from the beginning. you know? something caused her to do that. you know? so, now, we know. i think anyone that knows, contributing to this, should be brought to justice. in one way or another. >> the incident has been ruled a homicide. a local district attorney will decide whether anyone who would have known schuller was impaired should be prosecuted. >>> michael jackson's father, joe jackson, says he will not be overly involved in raising his grandchildren. in a two-page court statement, joe jackson says he lives in las vegas. and only occasionally visits the family home in encino, california. jackson praises his wife, katherine

investigators say diane schuller was drunk.cident. nbc's jeff rossen is here with more. >> reporter: hi, jenna. good morning. if diane schuller was an alcoholic and pot user she may have been leading the ultimate double life. it appears even her own husband was fooled. this morning, new witnesses coming forward saying they saw her hours before the crash, and she say she was sober. the tragedy that ruined so many lives just took another turn. witnesses now tell police diane shuler stopped at a mcdonald's that morning and seemed fine. so if she was drinking when did she start and if smoking marijuana, when did she light up? hours later the suburban long island mother drove the wrong way on the ta tonic parkway killing her own daughter itniec another car and herself. something had happened. >> she couldn't jeopardize her children. >> reporter: the toxicology report doesn't lie and shows her blood alcohol level .1% twice the legal limit and high on marijuana. the attorney says diane schuller may have been disorient bawd of medical

toxicology results released today for 36-year-old diane schuller reveal that she also had high levels of marijuana in her system. the accident last week took the life of schuler's 2-year-old daughter and three young nieces. there's others were killed after her minivan slammed head on into an suv. she was on her way home from a camping strip in upstate new york. schuler's 5-year-old son survived the crash. >>> police are searching for a gun theeak w o o i the pldiruoosh ng quadruple shooding. penedap hdnen in the 0064 blockf g roifn. ad one person was in in critical condition today. megan mcgrath has more on the investigation. >> reporter: police gather evidence at the port take bella apartments on livingston road the stairwell, a crime scene following a deadly early morning shooting. according to police, an argument broke out just before 1:00 a.m. shots were fired and four people were struck by the myflying bullets. one man killed, another kritsicily injured. two cripple suffered nonlife threatening injuries. >> i think it's pretty bad. normally this is a good complex. but come home t

. >> reporter: the attorney for diane schuller's family says the 36-year-old mother was a diabetic and may have suffered a stroke before the crash. the fiery collision occurred july 26 just north of new york city. schuller's husband claims that his wife had a mouth abscess for several weeks and bump on her leg prior to the crash. mees say she downed more than 10 vodkas and smoked marijuana before the minivan crashed into an oncoming suv. the family has not decided whether to seek another autopsy as they want to wait for the county's report. back to you. >> schuller's 2-year-old and three nieces were kill add long with her as well as three men in the suv. her 5-year-old son survived. >>> it's official. sonia sotomayor is now the nation's first hispanic supreme court justice. joel brown reports on the historic vote. >> reporter: sonia sotomayor has made history. >> the yeas are 68, and the nays are 31. the nomination of sonia sotomayor of new york is confirmed. >> reporter: president obama's choice for the supreme court is the first hispanic woman elevated to that bench. >> if you want t

police say diane schuller downed more than ten vodkas and smoked marijuana before driving a minivan the wrong way and crashing head on into an suv. her husband says he never saw his wife drunk and the couple went through a normal routine before he last saw her head out in her minivan. >> i go he to bed every night knowing my heart is clear, she did not drink. she's not an alcoholic. you listen to all that. she is not an alcoholic. >> reporter: the attorneys suggest various medical possibilities may be to blame including diabetes, stroke, and even a mouth abscess. kai? >> aing to becology report found the woman's blood alcohol hefl at more than twice the legal limit. >>> the search for british toddler madeleine mccann has moved from europe to australia. as sheila macvicar reports, investigators launched an international search for a woman who may know what happened to the little girl. >> she was on her own. >> reporter: a retired detective hired by the mccanns and the family spokesman announced they had a new lead today. 3-year-old madeline disappeared in may of 2007 from the family's va

police say diane schuller had a blood alcohol level of .1 twice the legal limit when he drove the wrongrkway in new york. she still had alcohol in her stomach and a jumbo bottle of vodka found in the wreckage of her car. tests showed she also smoked pot an hour before getting behind the wheel. >> how do you put five children in a car when you are a mother and you are drunk? how do you do that? it's income prehence cybil. they won't come back, but it's making it worse for us now. because they had a lot more to give and that was taken away from us. >> the crash killed schueler, her-year-old daughter, her three nieces, and three people in the other car. schueler wants son -- schueler's son survived the crash. chinese muslims warming up to being sent to palau. more than four have agreed to it that's less than half of them. the uighurs were captured in afghanistan and pakistan in 2001. the chinese want them back for trial but their lawyers say that almost certainly means execution. so it's not going to happen. those your headlines. we will take a look at the weather? steve: yes, we are. take

go to a news conference in westchester county, new york, involving the husband of the woman, diane schuller, who police say was on a booze and marijuana binge before running the wrong way on the parkway killing several people. here's the lawyer for the husband. >> and i'll tell you quite candidly that i didn't see any real benefit except my client wants to talk about his wife. and of the events. i can tell you in the 38 years of practicing law this case has captured me and just devastated my understanding of what life should be. on the day in question, on the day in question, they were not getting divorced. they were not in marital counseling, they had no marital problems. she was not an alcoholic, she rarely had a drink. she got in the van with the children, nine witnesses saw her that day not drunk. with no alcohol breath. no pot breath. what should have taken a 35-minute drive took almost four hours. prior to getting to that problems. one of them was an abscess that was 2 months old that she would not go to the dentist for there was swelling and pain on the left side. >> i believe it was

. >> reporter: daniel schuller was overcome with grief when asked about his 2-year-old daughter killed in the crash. as for his wife, diane he said she didn't abuse alcohol. he blamed her tragic ride on a stroke. her diabetic condition, or an abscess in her mouth. >> i go to bed every night knowing my heart is clear. she did not drink. she's not an alcoholic. >> reporter: that despite a toxicology report which found that schuller had the equivalent of ten shots of vodka and marijuana in her body, a bottle of vodka was found in the mangled wreckage after she drove the wrong way on a new york highway, killing her daughter, three nieces and three men in another car. her 5-year-old son is the sole survivor and is still recovering in the hospital. >> did she have an alcohol problem? >> no. >> did you know her to get drunk and -- >> i never saw her drunk since the day i met her. >> reporter: schuller would not answer questions about marijuana use and said there was nothing wrong with his marriage. kelly wallace, cbs news, new york. >> now, police say her blood alcohol was more than twice the legal limit, she had indigested alco

diane shuller and four kids in her van were all killed when she drove head on into an suv on a crowded freeway. three adults in the vehicle were also killed. toxicology tests revealed schuller had a blood alcohol level twice the legal limit and police found a broken bottle of vodka in her wrecked van. she must have had ten drinks before getting behind the wheel and was probably drinking while driving. >>> singer chris brown may soon find himself picking up trash on the side of the road. he will be sentenced today for brutally beating his ex-girlfriend, rihanna. he will get six months community service like roadside cleanup or graffiti removal. he may serve his probation in virginia, where he's from. in june chris brown pleaded guilty to felony assault just before a preliminary hearing where rihanna was expected to testify. the former couple never faced each other at the hearing. as brown left the courtroom from one door rihanna entered from a different direction. >>> paula abdul is leaving the "american idol." in a twitter message she said with sadness in her heart she decided not to return. she will miss not being part of the show. she helped from day one becoming a an int