8 Die in Crash on Taconic State Parkway #2

[twinkiesmom]

Perhaps. But according to twinkiesmom's research on alcoholic blackouts and short-term memory impairment, Diane may have just set the phone down (to retch, wipe her brow, whatever) and immediately forgot it was there.

If she were intentionally trying to dispose of it, wouldn't it be more likely the phone would have been found flung somewhere rather than sitting neatly?

If her actions were controlled by her limbic system, she would be ruled by her emotions rather than logic...get mad at the person on the phone, set the phone aside. It didn't have to be a conscious decision to do so.

 

[zippitydoda]

Does anyone know offhand what time Danny originally said he arrived and what time the EZ Pass shows him arriving?

http://www.lohud.com/apps/pbcs.dll/...-1-year-later-lasting-wreckage-many-questions

Daniel Schuler first told police that he traveled to the camp on Thursday, July 23, and was met by Diane and the children on Friday. He told two investigators and said again at an Aug. 6 press conference that, "I went up there a day earlier to open up the camper."

However, E-Z Pass records show that Daniel Schuler arrived at Hunter Lake on Friday, crossing the Harriman toll plaza at 6:29 a.m., less than five hours before his wife and the children passed through the tolls.



Thanks for bringing this up. I never caught that before, and now have to up my Daniel lie count to four. I wonder how many more lies Daniel has told that have yet to be uncovered. Thankfully, the Bastardi family has a civil lawsuit, and I can only pray they finally get the whole truth out of Daniel, once and for all.

"Michael Bastardi Jr. asked to read a statement about Monday's one-year anniversary - "I can only hope that our day in court can find the answers to our questions and justice for the victims," he read.

 

[Nova]

http://www.lohud.com/apps/pbcs.dll/...-1-year-later-lasting-wreckage-many-questions

Daniel Schuler first told police that he traveled to the camp on Thursday, July 23, and was met by Diane and the children on Friday. He told two investigators and said again at an Aug. 6 press conference that, "I went up there a day earlier to open up the camper."

However, E-Z Pass records show that Daniel Schuler arrived at Hunter Lake on Friday, crossing the Harriman toll plaza at 6:29 a.m., less than five hours before his wife and the children passed through the tolls.



Thanks for bringing this up. I never caught that before, and now have to up my Daniel lie count to four. I wonder how many more lies Daniel has told that have yet to be uncovered. Thankfully, the Bastardi family has a civil lawsuit, and I can only pray they finally get the whole truth out of Daniel, once and for all.

"Michael Bastardi Jr. asked to read a statement about Monday's one-year anniversary - "I can only hope that our day in court can find the answers to our questions and justice for the victims," he read.

Thanks, zippity. You may well be right.

But in my experience, people use the names of days much more casually than we do when we are investigating a crime after the fact. For example, I think most people think of a day ending when they go to bed. When I used to teach 8 a.m. classes, I used to get emails from students at 6:30 a.m. (i.e., an hour and a half before class) that said, "See you tomorrow." Those kids had been up all night writing their papers, so in their minds it was still the previous day.

I'm wondering if Daniel gave an erroneous time when he arrived at the camp "on Thursday." Because if he had been up all night and left for the campsite at 3 a.m., he may have honestly referred to his arrival as "Thursday" because in his mind it was still the previous day. If he napped for a couple of hours after he got there, he may have thought of "Friday" as beginning when he woke up.

Looking at his statement after the fact, we think of Thursday ending at midnight and Friday beginning at 12:01, but that may not be the way Daniel remembered it.

We have never heard any suspicious reason for him to lie about his arrival time, so I think it's at least possible it was just a misstatement.

 

[zippitydoda]

Nova - you come up with the best alternative explanations.

For me, I think this must have been the worst weekend of his life, and he can't remember simple details. Its only when the police find the truth via his ezpass that he is forced to come clean.

Perhaps the Bastardi's have PI's that have tracked Daniel's movements on Thursday, and truth will come out during the civil trial.

 

[twinkiesmom]

OK, I was avoiding making this disclosure, but here goes...

I am not an alcoholic (current consumption about 1 glass wine per month), but abused alcohol pretty extensively during college (not car involved). I've had two personal blackout experiences....one in which my mind and will were gone but my body went on without me (from friend reports of my behavior...no memory of those actions) and one in which I was conscious in an out of body like experience (watching myself laughing, really freaky) but with no motor control whatsoever.

This is why I think Diane *could* have been in a blackout state but appeared functional to other drivers watching her. It also *could* have been murder/suicide as we will never know her state of mind and level of consciousness.

 

[twinkiesmom]

If she was calling her brother by the name Danny at this time she was probably continuing some conversation they had had that morning, so her brother knew what was going on and it obvioulsy escalated things.

I don't think we can assume that Warren knows what she was talking about....The Hances do not appear to know what went wrong with Diane and do not appear to be covering up for her.

 

[Nova]

Nova - you come up with the best alternative explanations.

For me, I think this must have been the worst weekend of his life, and he can't remember simple details. Its only when the police find the truth via his ezpass that he is forced to come clean.

Perhaps the Bastardi's have PI's that have tracked Daniel's movements on Thursday, and truth will come out during the civil trial.

Your theory that Dan was simply in shock and unable to recall details is the better explanation, zip.

(ETA I had other explanations here, but I finally got zip's link to work and I see it quotes Dan directly as saying he went up to the camp "the day before." So either there really is something suspicious here or the reporting is wrong or Dan was just really, really confused.)

 

[Fairy1]

It's also possible that Dan did say he was going on Thursday and actually went somewhere else, Diane found out, they had a fight and she left that campground in a fit of rage. Even so, Dan is not responsible for what happened after she left. Couples have fights all the time and do not purposely set out to kill themselves or innocent children. Disagreements between couples are not fair game for public consumption, IMO.

What bothers me about the civil suit is that it is NOT about answers. It's about $$$$. I don't like that. Whatever (if anything) transpired between Dan and Diane should not be exploited. All would do well to remember that he lost his wife and daughter that day. If he was responsible for her state of mind, he will have to live with it for the rest of his life and it STILL doesn't put him behind the wheel.

JMHO.

 

[twinkiesmom]

It's also possible that Dan did say he was going on Thursday and actually went somewhere else, Diane found out, they had a fight and she left that campground in a fit of rage. Even so, Dan is not responsible for what happened after she left. Couples have fights all the time and do not purposely set out to kill themselves or innocent children. Disagreements between couples are not fair game for public consumption, IMO.

What bothers me about the civil suit is that it is NOT about answers. It's about $$$$. I don't like that. Whatever (if anything) transpired between Dan and Diane should not be exploited. All would do well to remember that he lost his wife and daughter that day. If he was responsible for her state of mind, he will have to live with it for the rest of his life and it STILL doesn't put him behind the wheel.

JMHO.

When Diane took out the Bastardi's car and the three people inside it, she made her problems their business. Dan is the prime beneficiary of Diane's estate and is therefore left holding the bag for her actions that day. Whatever $$$ are involved in the lawsuit, the Bastardis are seeking the truth, and Dan is fair game to be deposed as a prime witness to her state of mind that day. No way no how is that exploitation.....They DESERVE answers, few as there may be in the end.

 

[Fairy1]

When Diane took out the Bastardi's car and the three people inside it, she made her problems their business. Dan is the prime beneficiary of Diane's estate and is therefore left holding the bag for her actions that day. Whatever $$$ are involved in the lawsuit, the Bastardis are seeking the truth, and Dan is fair game to be deposed as a prime witness to her state of mind that day. No way no how is that exploitation.....They DESERVE answers, few as there may be in the end.

How do you KNOW what happened was due to marital problems? Once again, it was Diane, NOT Dan who killed all those people. She is DEAD. SHE was the one driving that day. We see tales of murder here on WS every day and what most people hope for is an eye for an eye. That has already been achieved here. The killer is dead.

IMO, the Bastardi's are not seeking truth. They are seeking money. That will not bring their loved ones back and it won't change what happened that day. The answers died with Diane. I think that's what's so difficult for ALL of us; there really will never be answers or explanations.

IMO, it is exploitation. Even after what happened, what transpired between Diane and Dan is no one else's business.

 

[noZme]

Sorry, but I am back on that Saturday night phone call ... has it been revealed what time or to whom the call was made & whether Diane, Dan or one of the children made the call? I think these answers as well as where Dan was earlier & why he said he had gone to the camp the night before may explain much.

I cannot fault the 3 men's families for what they are doing.... to me, it's as simple as fighting for their loss in the only ways available to them now.

 

[Fairy1]

Sorry, but I am back on that Saturday night phone call ... has it been revealed what time or to whom the call was made & whether Diane, Dan or one of the children made the call? I think these answers as well as where Dan was earlier & why he said he had gone to the camp the night before may explain much.

I cannot fault the 3 men's families for what they are doing.... to me, it's as simple as fighting for their loss in the only ways available to them now.

Fighting for their loss? Even tho the killer of their loved ones is dead?

I'm sorry. I really do not understand.

Let's say one of your children killed someone on their way home from a bar after getting into a tiff with you one night. Are YOU responsible for that?

 

[Nova]

How do you KNOW what happened was due to marital problems? Once again, it was Diane, NOT Dan who killed all those people. She is DEAD. SHE was the one driving that day. We see tales of murder here on WS every day and what most people hope for is an eye for an eye. That has already been achieved here. The killer is dead.

IMO, the Bastardi's are not seeking truth. They are seeking money. That will not bring their loved ones back and it won't change what happened that day. The answers died with Diane. I think that's what's so difficult for ALL of us; there really will never be answers or explanations.

IMO, it is exploitation. Even after what happened, what transpired between Diane and Dan is no one else's business.

Didn't the Bastardis countersue after Dan sued them, or have I forgotten the sequence of events?

 

[Soulmagent]

How do you KNOW what happened was due to marital problems? Once again, it was Diane, NOT Dan who killed all those people. She is DEAD. SHE was the one driving that day. We see tales of murder here on WS every day and what most people hope for is an eye for an eye. That has already been achieved here. The killer is dead.

IMO, the Bastardi's are not seeking truth. They are seeking money. That will not bring their loved ones back and it won't change what happened that day. The answers died with Diane. I think that's what's so difficult for ALL of us; there really will never be answers or explanations.

IMO, it is exploitation. Even after what happened, what transpired between Diane and Dan is no one else's business.

ITA.

I have always felt that is what they have been after. After all the answer in there mind is simple , Diane was drunk. BAC confirmed it.

Are they trying to get Dan to be a part of the liable so they can sue for more?

 

[Nova]

ITA.

I have always felt that is what they have been after. After all the answer in there mind is simple , Diane was drunk. BAC confirmed it.

Are they trying to get Dan to be a part of the liable so they can sue for more?

My memory is that the Bastardis countersued after Dan sued them and his brother-in-law. I think it's a common legal tactic in a case like this where there is a claim of liability from more than one party. (The Bastardi car was speeding. I'm not saying they are equally to blame, just that Dan's lawyer will claim the Bastardi speeding was also a factor in the crash.)

Yes, it's all about money on both sides. But if you are being sued, your lawyer is negligent if s/he doesn't try everything he can (including countersuits wherever possible).

 

[twinkiesmom]

How do you KNOW what happened was due to marital problems? Once again, it was Diane, NOT Dan who killed all those people. She is DEAD. SHE was the one driving that day. We see tales of murder here on WS every day and what most people hope for is an eye for an eye. That has already been achieved here. The killer is dead.

IMO, the Bastardi's are not seeking truth. They are seeking money. That will not bring their loved ones back and it won't change what happened that day. The answers died with Diane. I think that's what's so difficult for ALL of us; there really will never be answers or explanations.

IMO, it is exploitation. Even after what happened, what transpired between Diane and Dan is no one else's business.

I don't KNOW anything about their marital issues. That is the point of getting the witnesses under oath and deposing them.

I have read the Bastardi's website, and they are seeking truth.

Exploitation: That is your opinion. The law says they are entitled to their day in court.

If your opinion was the law, then every victim of a vehicular homicide would simply have to walk away. IMO, you are giving too much power to the perpetrator. A 3000 pound vehicle is really no different than a loaded gun.

 

[twinkiesmom]

Didn't the Bastardis countersue after Dan sued them, or have I forgotten the sequence of events?

You've got them mixed up with the Hances again.

 

[rpd113]

But in my experience, people use the names of days much more casually than we do when we are investigating a crime after the fact.

In casual conversation, maybe. But in a police deposition following this harrowing accident?

If this were his only inconsistency/lie I might be more inclined to lend some benefit of doubt.

 

[voxrock2000]

Daniel's story is important. The day of his big public press conference with Dominc Barbera and Tom Ruskin he lied straight faced to the public. The police report is clear and displays the police frustration with his lack of cooperation as well as his changing story. He stuck with his story until the ezpass proved him wrong.

The police report states "on 7/31/09 I interviewed Mr. Schuler regarding the weekend of 7/25 and 7/26/09 and his camping trip with his family. Mr Schuler stated the following: he drove up to the camp ground on Thursday with his dog. His wife Diane and kids along with their neices arrived Friday...."

Then on 8/5/09 "I was contacted by Attorney Dominic Barbera, who stated he represents Daniel Schuler. He stated that on 8/6/09 he will be holding a press conference at 1pm at his office in Garden City. He invited me to the press conference and stated Daniel Schuler will answer any questions I may have. I advised Barbera that I will be at the conference and would very much like to speak to Daniel. On 8/6/09 Inv Shannon Morrison and I arrived and watched the press conference given by Barbera and Daniel Schuler. After the conference i introduced myself to Barbera who stated he and Daniel would talk to us soon. He then had Inv Morrison and I wait in a room for approximately 20 minutes before entering and stating Daniel had to leave. On this date no interview was conducted with Daniel Schuler."

In the press conference on 8/6 he also stated he went to the campsite on Thursday to '"I went up there a day earlier to open up the camper and get a little fishing in' before everyone arrived.

However, police review of his E-Z Pass records show that Daniel Schuler arrived at Hunter Lake on Friday, crossing the Harriman toll plaza at 6:29a.m., less than five hours before his wife and the children passed through the tolls.

Amazingly, he seems to change his story without explanation by the time he is interviewed by police with his laywer present.

The Police report goes on... "On 8/14/09 Senior Investigator Bennet and I interviewed Daniel Schuler in the presence of his attorney. Schuler stated that on 7/24/09 he left his home in Long Island early in the morning to go to his camper in Sullivan County. He drove his pickup truck and took his dog with him. His wife Diane was to drive her car with the kids to the Hance home, once there Diane would take Warren Hance's Ford Windstar and drive all five children up to the camp site...."

 

[zippitydoda]

How do you KNOW what happened was due to marital problems? Once again, it was Diane, NOT Dan who killed all those people. She is DEAD. SHE was the one driving that day. We see tales of murder here on WS every day and what most people hope for is an eye for an eye. That has already been achieved here. The killer is dead.

IMO, the Bastardi's are not seeking truth. They are seeking money. That will not bring their loved ones back and it won't change what happened that day. The answers died with Diane. I think that's what's so difficult for ALL of us; there really will never be answers or explanations.

IMO, it is exploitation. Even after what happened, what transpired between Diane and Dan is no one else's business.

Daniel has been caught 4 lies so far:

1. Diane did not drink
2. Diane did not do drugs
3. He did not know where the Vodka bottle came from
4. He arrived Thursday

If that was my Dad, and my two bothers, I'd want every bit of truth out of Daniel - especially since he lied from the get go. What if Daniel has simply said... Diane was a wonderful mother and wife, I loved her and so did our children. I don't understand what happened here, but I accept that my wife caused this accident, and I pray for all of the victims.

But.. we all know that's not what he said.