but first to tom ruskin. you have been hired by diane schuler's family to determine what cause the the accident. how do you explain the fact that his wife had alcohol and signs of marijuana in her system? >> i really can't. listen, i'm a finder of the facts. when danny schuler and the schuler family approached my firm and said find out what happened, that's what we have attempted to do. and at this point in time, what we're going to do is retest the specimens and samples and tissues taken at the time of the autopsy to verify the findings. >> you told me that a long time ago. what's taking so long? >> to be very honest with you, the schuler family is not a wealthy family. they have had trouble raising the money that it's going to cost for these tests and have just really recently come up with the money to be able to pay for it. >> i'm going to quote the new york magazine article. "she was a pot smoker. danny told police she smoked once in a while. but jay, her friend, knew better. she liked pot and smoked it o