Taconic Victims' Lawyer: 'Don't Call It an Accident'

Aug. 12, 2009— -- The lawyer for the family of two of the eight people killed in the horrific crash on New York's Taconic State Parkway "categorically" rejected the idea that the fatal crash was caused by a stroke-like attack or other medical emergency suffered by the wrong-way driver, Diane Schuler.

"This is a killing. Don't call it an accident," Irving Anolik, attorney for the Bastardi family who lost a father and son in the wreck, told "Good Morning America." Anolik said that any medical condition theories are "at war with the autopsy report, with the blood analysis, with the whole panorama of things that surround this killing."

With five children in her car, police say Schuler drove nearly two miles into oncoming traffic on the Taconic until she slammed head-on into an SUV carrying Guy Bastardi, his father Michael Bastardi as well as family friend Daniel Longo. All three men were killed along with Schuler, her 2-year-old daughter and three nieces, none of whom were over 9 years old. The sole survivor of the July 26 crash, Schuler's 5-year-old son, was released from the hospital Monday.

According to autopsy and toxicology reports, Schuler had been driving with more than twice the legal limit of alcohol in her system -- about 10 drinks were in her stomach -- and had traces of marijuana in her system. A vodka bottle was found at the crash site. Following the reports, Schuler's husband, Daniel Schuler, spoke out, claiming his wife was not a drinker and had left the campground where the roadtrip started completely sober.

"I don't say that the report is accurate or not accurate," the Schuler's lawyer, Dominic Barbara, told "Good Morning America's" Chris Cuomo last week referring to the toxicology report. "What I say is that none of this case is logical."

"Something medical had to have happened," Barbara said in press conference last week.

Barbara pinned the crash on a stroke caused by an underlying diabetes condition. Since, Barbara and Daniel Schuler have said its possible Diane Schuler suffered a transient ischemic attack, or TIA, a mild stroke-like condition that can cause disorientation. Experts told ABCNews.com such an attack is unlikely.

"This is not typical presentation for TIAs," Dr. Larry Goldstein, director of the Center for Cerebrovascular Disease at Duke University said. "There are many, many other potential causes to have an alteration of behavior. TIA would not be in my top three causes."

"Everything is possible, but [TIA's are] less likely, as they are brief," Dr. Pierre Fayad, director of the Stroke Center at the University of Nebraska Medical Center said.

The Bastardi family is "not coping ... well," Anolik said.

"But they're keeping a stiff upper lip when they have to meet people. You wouldn't believe they were so saddened. But I know so well and have seen them under all circumstances ... they're traumatized," he said.

The Bastardis reportedly accepted an invitation by the Hances, the family of the three little girls killed in the crash, to grieve together, New York's The Journal News reported.

"[The Hances' attorney] said the Hance family is in deep mourning because they lost their young children," Anolik told The News Journal. "He said on behalf of the Hance family, at some future time, would it be possible for the families to exchange condolences and mourn."

Diane Schuler's brother and father of the three girls killed in the wreck, Warren Hance, is reportedly not speaking with Daniel Schuler.

"We would never knowingly allow our daughters to travel with someone who might jeopardize their safety," Hance family spokesman Stephen Spagnulo said on behalf of the family.