August 18, 2009 - Husband of Drunk Driving Mom in the Clear

An upstate New York prosecutor yesterday said he's seen no evidence to warrant charging the husband of drunk-driving mom Diane Schuler in connection with her wrong-way Taconic Parkway crash that killed eight people.

"I don't have any information to date that indicates there was any misconduct regarding . . . Mr. Schuler providing alcohol prior to the crash," said Sullivan County DA Stephen Lungen, whose jurisdiction includes the campgrounds from which Diane Schuler drove away hours before the horrific July 26 crash.

Lungen noted that Diane Schuler appeared to be sober when her husband saw her off on the morning of the tragedy.

"I'm very happy that the DA's office has decided not to prosecute my client," said Daniel's lawyer, Dominic Barbara, who has argued that a medical condition -- not alcoholism -- led to the crash, which killed Diane, her daughter, three nieces and three men in another vehicle.

Barbara yesterday said that "we have been told that" Diane's liver, kidneys and other body parts showed no signs of prior alcohol abuse.

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