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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Cross post - Toxicology reports for the Taconic Crash in
just as an FYI- I also retained a lawyer after my husband passed away
I wasn't even there
I didn't end up needing him- but it was nice to know I had someone to turn to if I did
I wouldn't assume anyone is gulity based on retaining a lawyer
innocent people need laywers just as much or even more
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Posted 8/5/09 3:49 PM  |
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Long Island Weddings
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Ophelia
she's baaccckkkk ;)
Member since 5/06 23378 total posts
Name:
remember, when Gulliver traveled....
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by Beth
I wouldn't assume anyone is gulity based on retaining a lawyer
innocent people need laywers just as much or even more
there is no assumption of guilt, which is why I specifically added that thus far, charges are not even beginning to be talked about.
hopefully Dominic Barbara's press conference will shed some light.
if I was her husband, regardless of what I knew or how involved I was, I would be shitting a brick after that tox report came out....aside from the myriad of other emotions I would feel.
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| Posted 8/5/09 3:52 PM |
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itkocak
Member since 7/07 7639 total posts
Name:
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Re: Cross post - Toxicology reports for the Taconic Crash in
Message edited 11/29/2011 5:35:16 PM.
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| Posted 8/5/09 3:55 PM |
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twiceasnice
LIF Adult
Member since 2/08 1126 total posts
Name:
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Re: Cross post - Toxicology reports for the Taconic Crash in
"At some point in time, there will be a civil action brought, said attorney Marshall Neimark, of New City, who is also representing the Bastardi family. "We are going to be filing a lawsuit."
Even if there is no charges there will be a lawsuit. It was said that Bastardi could file against the owner of the vehicle which is sadly her brother's car.
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| Posted 8/5/09 4:00 PM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
Name:
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by Beth
Posted by Ophelia
I just read that the husband, Daniel, has retained Dominic Barbara as his criminal defense attorney, who will be giving a press conference tomorrow at 1 pm.
just to be clear, the police and Westchester DA haven't said anything about prosecuting anyone.
I heard on news 12 this morning the 3 men's families are asking to have charges pressed
I would assume against the husband or brother
in nice in theroy - but I am not sure it's really possible
ETA- I don't think it's so far fetched to retain a lawyer at this point
The deaths were classified as homicides which will help their civil suits for sure.
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| Posted 8/5/09 4:05 PM |
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anonttcer
BOOOO for fall!
Member since 7/06 10082 total posts
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Meaning a NON ttcer!
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by twiceasnice
"At some point in time, there will be a civil action brought, said attorney Marshall Neimark, of New City, who is also representing the Bastardi family. "We are going to be filing a lawsuit."
Even if there is no charges there will be a lawsuit. It was said that Bastardi could file against the owner of the vehicle which is sadly her brother's car.
Yes, a civil suit is one thing. Criminal charges would be much harder to prove- unless there is more that we don't know yet...
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| Posted 8/5/09 4:10 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
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Beth
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by anonttcer
QUOTE]
Yes, a civil suit is one thing. Criminal charges would be much harder to prove- unless there is more that we don't know yet...
being that she was the only adult in the car- I really can't see how they would charge anyone else
unless she went to a bar- then you could make a case against the bar tender....
the brother wasn't there
and her husband hadn't seen her in over 4 hours
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| Posted 8/5/09 4:13 PM |
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anonttcer
BOOOO for fall!
Member since 7/06 10082 total posts
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Meaning a NON ttcer!
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by Beth
Posted by anonttcer
QUOTE]
Yes, a civil suit is one thing. Criminal charges would be much harder to prove- unless there is more that we don't know yet...
being that she was the only adult in the car- I really can't see how they would charge anyone else
unless she went to a bar- then you could make a case against the bar tender....
the brother wasn't there
and her husband hadn't seen her in over 4 hours
Exactly. I don't get it.
I can see the civil case of course.
I doubt they could prosecute anyone else though- proving anything would be too hard...
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| Posted 8/5/09 4:17 PM |
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greenfreak
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Member since 9/06 11483 total posts
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greenfreak
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by twiceasnice
Even if there is no charges there will be a lawsuit. It was said that Bastardi could file against the owner of the vehicle which is sadly her brother's car.
Assuming for a moment that he is a completely innocent party, can you IMAGINE losing your sister and ALL your children, the devastating grief you must be going through, and being faced with a lawsuit for something that was completely out of your hands? 
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| Posted 8/5/09 4:18 PM |
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dm24angel
Happiness
Member since 5/05 34581 total posts
Name:
Donna
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Re: Cross post - Toxicology reports for the Taconic Crash in
You can file a civil suit against the estate for $$.
I know someone who was killed during a DWI....the 3 passangers who survived, sued the drivers family in a civil suit for money for medical etc.
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| Posted 8/5/09 4:21 PM |
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jerseypanda
Life is good.
Member since 1/07 9164 total posts
Name:
Amanda
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by greenfreak
Posted by twiceasnice
Even if there is no charges there will be a lawsuit. It was said that Bastardi could file against the owner of the vehicle which is sadly her brother's car.
Assuming for a moment that he is a completely innocent party, can you IMAGINE losing your sister and ALL your children, the devastating grief you must be going through, and being faced with a lawsuit for something that was completely out of your hands?
If that were to happen, it would be tragedy on top of tragedy on top of tragedy. As the family of the men who were killed, I can see wanting to hold someone accountable, but I can't imagine suing someone who is just as much a victim as they are. What satisfaction would they get out of a settlement from her brother who just lost his 3 daughters to the same person?
But then again, I am not walking in their shoes so I can't imagine what that is like.
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| Posted 8/5/09 4:24 PM |
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lullabella
LIF Adult
Member since 5/05 2246 total posts
Name:
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Re: Cross post - Toxicology reports for the Taconic Crash in
Personally I dont think the brother or his wife had any clue that his sister was an alcoholic/drug user. I just cant imagine anyone in their right mind would allow their children to travel with someone like that.
I DO believe that the husband knows way more about her problems. There is alot more to the story and he is the one that has the answers. I can only imagine the pain he will live with each day forward knowing he knew her "secret".
The whole thing just breaks my heart, I just picture how scared all of those kids and the other victims must have been.
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| Posted 8/5/09 4:31 PM |
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Chatham-Chick
*********************
Member since 5/05 10311 total posts
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Re: Cross post - Toxicology reports for the Taconic Crash in
I thought I read he had serious head trauma at the scene of the accident. Just wondering what his prognosis was. Amnesia is probably the least of his injuries.
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| Posted 8/5/09 5:26 PM |
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mrsej
The cutest!
Member since 1/07 2495 total posts
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Mommy
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by anonttcer
Posted by Beth
Posted by anonttcer
QUOTE]
Yes, a civil suit is one thing. Criminal charges would be much harder to prove- unless there is more that we don't know yet...
being that she was the only adult in the car- I really can't see how they would charge anyone else
unless she went to a bar- then you could make a case against the bar tender....
the brother wasn't there
and her husband hadn't seen her in over 4 hours
Exactly. I don't get it.
I can see the civil case of course.
I doubt they could prosecute anyone else though- proving anything would be too hard...
If they could prove that the husband knew she was drinking or that she was an alcoholic and allowed the kids to get into the car with her they could charge him with endangering the welfare of a child - probably very hard to prove. The other families should sue. Most likely it would be against the registered owner of the vehicle, her brother, and his insurance company would take care of it. I think it is smart for the husband to hire an attorney. He needs to protect himself and when it looks like everyone is out for blood and he is the one they are aiming for, he needs to get advice of counsel, even if he did nothing wrong. While I fully believe he should be open and honest, that might not be the best thing for him to do.
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| Posted 8/5/09 5:37 PM |
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annoyedTTCer
LIF Adult
Member since 4/09 3272 total posts
Name:
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Re: Cross post - Toxicology reports for the Taconic Crash in
Husband already admitted she was a pot user and the amount of liquor she had in her indicates she built up a tolerance for hard liquor
I think it would be easy to get a jury to award damages. Especially a jury in the Bronx, home to big awards
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| Posted 8/5/09 5:50 PM |
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FranB
LIF Adolescent
Member since 9/06 686 total posts
Name:
Fran
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by annoyedTTCer
Husband already admitted she was a pot user and the amount of liquor she had in her indicates she built up a tolerance for hard liquor
I think it would be easy to get a jury to award damages. Especially a jury in the Bronx, home to big awards
The husband admitted that? I had heard today him say that if she drank 2 pina coladas a year it was alot.... No mention of pot though...
This will be unraveling for a long time to come....
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| Posted 8/5/09 5:56 PM |
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heathergirl
Cocktail Time!
Member since 10/08 4978 total posts
Name:
American mouth
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by jerseypanda
Posted by greenfreak
Posted by twiceasnice
Even if there is no charges there will be a lawsuit. It was said that Bastardi could file against the owner of the vehicle which is sadly her brother's car.
Assuming for a moment that he is a completely innocent party, can you IMAGINE losing your sister and ALL your children, the devastating grief you must be going through, and being faced with a lawsuit for something that was completely out of your hands?
If that were to happen, it would be tragedy on top of tragedy on top of tragedy. As the family of the men who were killed, I can see wanting to hold someone accountable, but I can't imagine suing someone who is just as much a victim as they are. What satisfaction would they get out of a settlement from her brother who just lost his 3 daughters to the same person?
But then again, I am not walking in their shoes so I can't imagine what that is like.
Jerseypanda I completely agree. I know they want to hold someone accountable, but sometimes people grasp at straws in these situations because they're desperate for closure.
Either way, none of these families will EVER be the same.
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| Posted 8/5/09 6:11 PM |
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heathergirl
Cocktail Time!
Member since 10/08 4978 total posts
Name:
American mouth
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by annoyedTTCer
Husband already admitted she was a pot user and the amount of liquor she had in her indicates she built up a tolerance for hard liquor
I think it would be easy to get a jury to award damages. Especially a jury in the Bronx, home to big awards
Wow I hadn't heard that. You absolutely need to build up a tolerance to hard alcohol. There is NO way this was a casual occurrence; I cannot concieve of drinking that much hard liquor and thinking, Hey I can still drive.
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| Posted 8/5/09 6:13 PM |
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Kierasmom
I love my kids
Member since 5/05 2885 total posts
Name:
Jenn
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Re: Cross post - Toxicology reports for the Taconic Crash in
I am seriously sick to my stomach over this whole incident. My heart breaks for those poor kids and the other family that lost their loved ones.
As far as holding someone responsible, I can't believe that this woman was only a social drinker and an occasional pot smoker as her husband described. Someone who is only a social drinker does not drink to what would equate to 10 shots of vodka and then drive. I love to drink. But I would never and have never had one drink and then put my kids in the car with me. Let alone the amount of 10 shots of vodka! I just don't understand how her family and neighbors can say she was hardly a drinker. A social drinker does not do this. Now I will acknowledge that it's possible her brother and even her husband did not know the extent of her drinking problems, but don't pass it off as her being a social drinker. Or maybe they don't know what social drinker means. I am not an alcoholic but I am also not a social drinker. There's levels in between the two. So maybe this woman did like to drink and maybe she hid how much she drank from her husband. But I can't imagine that she was truly a social drinker. I think the police need to question the husband more and find out about this woman's habits.
If it turns out she was drunk when she left the campground with the husband or it's uncovered that she has a drinking/drug problem that the husband knew about then I do think he should be held responsible financially. As far as criminally, I can't make that decision without knowing everything yet. If he was drinking and toking up with her that morning then he should have criminal charges filed against him.
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| Posted 8/5/09 7:31 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Cross post - Toxicology reports for the Taconic Crash in
Unless the husband forced her to drink- I can not imagine holding an adult repsonsible for a 36 year old womans actions
Would you think that if it was the husband who crashed? I highly doubt it
The person who is responsible for the is the woman who did it...if a man did it- no one would be blaming the wife
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| Posted 8/5/09 7:44 PM |
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Kierasmom
I love my kids
Member since 5/05 2885 total posts
Name:
Jenn
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by Beth
Unless the husband forced her to drink- I can not imagine holding an adult repsonsible for a 36 year old womans actions
Would you think that if it was the husband who crashed? I highly doubt it
The person who is responsible for the is the woman who did it...if a man did it- no one would be blaming the wife
I think it depends on the circumstances. I think if the wife was drinking with the husband and let the husband drive people would blame her as well. Yes it was her choice to drive. But her husband should have taken away her keys if he knew she was drunk.
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| Posted 8/5/09 8:05 PM |
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MissJones
I need a nap!
Member since 5/05 22136 total posts
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Re: Cross post - Toxicology reports for the Taconic Crash in
I just can't for the life of me believe this. I can't sit here and call her a monster or a selfish murderer because I just can NOT fathom how a 36 year old MOTHER would do this.
I'm sure there a PLENTY of parents here who can out-drink most men. I am SURE there are plenty of parents on here who occasionally light up a joint. But I would bet my life that nobody here would even DREAM of doing both while driving 5 kids in a car. Therefore, I just can't see how this woman, who seemed like the picture of good family values, would do THIS.
Part of me still wants to hold out hope that this toxicology report is a really sad mistake. I can't sit and judge this woman because maybe I am too naive to believe that this mom could and would do that. 
Message edited 8/5/2009 9:56:02 PM.
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| Posted 8/5/09 9:49 PM |
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Beth
The Key to your new home....
Member since 2/06 24849 total posts
Name:
Beth
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Re: Cross post - Toxicology reports for the Taconic Crash in
Posted by Kierasmom
Posted by Beth
Unless the husband forced her to drink- I can not imagine holding an adult repsonsible for a 36 year old womans actions
Would you think that if it was the husband who crashed? I highly doubt it
The person who is responsible for the is the woman who did it...if a man did it- no one would be blaming the wife
I think it depends on the circumstances. I think if the wife was drinking with the husband and let the husband drive people would blame her as well. Yes it was her choice to drive. But her husband should have taken away her keys if he knew she was drunk.
I agree- but that's not what happened here- 4 hours + had past since they were together
4 hours is a long time
from the tox report- she was drinking and smoking while driving....
if her husband knew she was drunk- I highly doubt he would have let her take his kids
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| Posted 8/5/09 9:52 PM |
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MsSissy
xoxoxo
Member since 3/07 39159 total posts
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Re: Cross post - Toxicology reports for the Taconic Crash in
The only one I keep thinking of right now is her son.
I  he has no recollection of being in that car.
May the 7 victims in this crash RIP
She gets nothing from me.
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| Posted 8/5/09 10:07 PM |
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itsbabytime
LIF Adult
Member since 11/05 9644 total posts
Name:
Me
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Re: Cross post - Toxicology reports for the Taconic Crash in
Maybe I am being naive but I just cannot imagine that anyone would get behind the wheel with 5 children in that state. I keep thinking there must be more to the story. There must have been something mentally wrong with her and maybe she was trying to kill herself and not thinking rationally. As a mother, I cannot imagine that anyone in their right mind could have done this - it is beyond my comprehension. This story is just heart breaking and keeps getting worse and worse. Regardless of the truth, my heart breaks for them 
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| Posted 8/5/09 10:08 PM |
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