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

. >> reporter: daniel schuller was overcome with grief when asked about his 2-year-old daughter killedin 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

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 anrihed anmamajuria, when did she light up? hours later the snuburbajuur lo island mother drove the wrong way on the ta tonic parkway killing herwn daughter itnieces 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 dne schuller may have been disorient bawd o

. >> 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

. >> dianne schuller crashed her mini van into an suv after driving nearly two miles the wrong way onighway. she was killed along with her daughter, three nieces and three other adults. toxicology reports released said schuller had more than twice the legal limit of alcohol in her blood. >>> judge sonia sotomayor will be sworn in saturday as supreme court justice sotomayor. nine republicans gave their support. the 55-year-old federal appeals court judge will be the first hispanic and third woman to sit on the high court. >>> aerosmith singer steven tyler is being treated for head, neck and shoulder injuries after falling off a stage during a concert in south dakota. at first they thought the fall was part of his act. the 61-year-old rocker was air lifted to a hospital. it's unclear how seriously he was hurt. >>> and twitter has dusted itself off after an attack by hackers shut it down for two hours today. facebook was hit by a less severe attack. unable to tweet? what did twitter devotees do with the down time? that's something to tweet about tonight. erica hill is already tweeting ab

>> reporter: daniel schuller says a medical problem may have caused the deadly crash that killed his wife, their young daughter and three nieces. 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 h

schuller, her two-year-old daughter and three nieces died in the crash late last month. three men in an suv she hit also died. >>> an emoveonal homecoming r two journalists held prisoner in north korea for 140 days. laura ling and euna lee arrived in burbank, california today. they were reunited with their famies as they stepped off the plane. north korean leader kim jong il granted them a special pardon after meeting with former president clinton. >> we were shocked but we knew instantly in our hearts that the nightmare of our lives was finally coming to an end. and now we stand here home and free. >> lee and ling had been sentenced to 12 years of hard labor for entering north korea illegally. >>> the battle against the swine flu taking a major step forward today. could mean a vaccine that's just weeks away. developing news about cash for clunkerjust as the senate is set to head home for a week. plus, snakes in the city, not talking snakes in shoes of. we're talking about the real deal popping up.  >>> cash for clunkers running on fumes b it does look like

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

ben schuller said he had never seen his wife get drunk and believe he she suffered a medical problem.orities say that six men are being held in farmville, virginia. marshalls did not say why they were transferred but said the jail has a contract to house federal prisoners. a detention hearing for the seven suspects will be held on monday. >>> today secretary of state hillary clinton is scheduled to meet with nelson mandela in south africa and plans to meet the current president and foreign minister. secretary clinton arrived in johannesburg last night. this is the second leg of the tour of africa. >>> the on-line activities of the pittsburgh gym shooter continue to captivate people on the internet. that's coming up on the web. >>> and how some businesses that offer free wi-fi are trying to handle the users who aren't buying their product. >>> wonderful outside. it is pleasantly cool in many areas. a heat wave is on the way. and we have a break at the allergy update. everything was low except the mold in the moderate category. 9 news now will return after this. >>> cafes where you can

. >> schuller's daughter, three nieces and three people in the oncoming car were all killed.e's downplaying reports of trouble in his marriage that drove his wife to drink. >>> imagine getting nailed in the head in your own back yard and we're not talking about the neighbor's frisbee. we're talking about a plane part falling right out of the sky. >>> coming up in minutes on the news edge at 11:00, what began as a robbery ended with a violent murder that shocked a local community. the accused killers teenagers including a 14-year-old boy. the crucial clues that link the young men to the crime. >>> plus, watch out for new fees appearing on your credit card bill. what to look for in the fine print coming up next at 11:00. >>> first a break from the summer heat. prance you could even turn down the ac tonight. maybe turn it off. it's not going to last. a warm-up coming up. with sue palka on the other side. wh what is it to lead? at pnc, it's doing what most benefits our customers. whether that's building more certified green buildings than anyone on earth. creating online banking

schuller's daughter and three of her nieces also died. they say the woman had several medical conditions and may have suffered a stroke while driving. >> 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. >> she was a perfect wife, outstanding mother, hard worker, reliable person, trustworthy. i would marry her again tomorrow. she's awesome. she's the best. >> reporter: and your daughter. tell us about your daughter. >> that's my little girl. she's gone. i don't know nothing to say about that. >> so hard for him obviously. shuler's 5-year-old son did survive the wreck in westchester county. >>> all right you twitter fans, admit it, you were jonesing for a fix today, weren't you, after the service crashed because of a denial of service attack. the problems began around 9:30 eastern. they lasted for about two hours. twitt twitter's status blog says it's active again although it says it is still

. >> robert schuller, creator of the home price index and it's good news that will translate as the goodws on the real estate front. the exclusive interview with the california keys for kitchen. his take on how to save the restaurant business. he will be back in the halftime report. >> the man with the pulse on the housing market weighs in on whether the recovery is finally here. big ben it is down, but can he thread the needle next week. they break down the playbook on america's post market show tonight. natural gas is a cleaner burning fuel, yet a lot of natural gas has impurities like co2 in it. controlled freeze zone is a new technology... being developed by exxonmobil... to remove the co2 from the natural gas... so we can safely store it... where it won't get into the atmosphere. exxonmobil is spending more than 100 million dollars... to build a plant that will demonstrate this process. i'm very optimistic about it... because this technology could be used... to reduce greenhouse gas emissions significantly. ♪ if saving money happened as automatically as everything else? at bank of a

two of the victims' families are expected to file for civil suit against schuller's husband. >>> theehind president obama as the joker from "dark knight." it ended up on posters with the caption, "socialist." the artist isn't part of a right wing group. he's a 20-year-old student of palestinian decent in chicago. he was playing around with photo shop and posted the results on flikr. he didn't expect the image to get the response it did. talking to him on the show tomorrow on how the picture went viral and how he feels about the attention. >> what part did you miss about not getting a response? >> i don't know. >> 47 minutes past the hour. introducing new nutrisystem d, the clinically tested program for losing weight and reducing blood sugar. hi i'm mike, and i lost 100 pounds on nutrisystem d when i was first diagnosed with diabetes, that first step was more like a giant leap. till i discovered nutrisystem d. in a clinical study people on nutrisystem d lost 16 times more weight and reduced their blood sugar 5 times more than those on a hospital-directed plan. plus a1c was reduced .9%

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

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 international phenomenon. producers had not given her a contract propo