Below are excerpts from the final major documents filed prior to trial. These provide a good map of what the trial will focus on as it moves forward. Attached are the third, and final, amended complaint, as well as the reply to the motion for summary judgement. MIchael Wakshulls full handwriting report (in two parts) is also attached.
From the third amended complaint:
GENERAL ALLEGATIONS
1. On or around the early morning of July 13, 2011, Defendant ADAM SHACKNAI battered and murdered REBECCA by:
(a) striking REBECCA on the head multiple times with a blunt instrument;
(b) physically restraining her;
(c) further restraining her by binding her legs with tape;
(d) gagging her;
(e) binding her hands behind her back with rope;
(f) binding her ankles together with rope;
(g) removing the previously placed tape from her legs;
(h) strangling her to the point of unconsciousness or death;
(i) making and placing a rope noose around her neck;
(j) tying the other end of the rope leading to the noose to a bed;
(k) carrying her to the adjacent balcony and pushing her over the railing of the balcony causing her to fall and, if she was still alive at that time, to then die by asphyxiation.
(1) removing evidence of the acts which he committed, including wiping down objects he had touched in order to remove DNA and finger prints; and (m) as a further ploy to cover up his wrongdoing, painted the following words on the inside of door near the balcony where REBECCA was left hanging:
SHE SAVED HIM CAN YOU SAVE HER
2. On the morning of July 13, 2011, REBECCA was found dead, naked, bound and gagged, with a rope noose around her neck. Her cause of death was asphyxiation, which was caused by either manual strangulation before she was hanged, or from being hanged with a rope noose around her neck from the second story deck of the Coronado vacation home at which she was staying, located at 1043 Ocean Boulevard, and commonly known as the Spreckels Mansion. The Coroner for the County of San Diego determined that she died on that date.
3. Because the only individuals who know the true facts and sequence of events with absolute certainty are the decedent REBECCA and her killer, the allegations made herein are made on information and belief based on the evidence that has been uncovered to date. Plaintiffs intend to seek leave to amend the Complaint as additional facts are developed and uncovered during the course of discovery.
ALLEGATIONS OF SPECIFIC ACTS
4. Plaintiffs allege, based in part on the multiple abrasions, found throughout her body including but not limited to her hips, right hand, right shoulder, left forearm, and left hand, the presence of multiple blood drops on the second story carpet near the entrance of the northwest bedroom and bathroom shower and a knocked over chair within the northwest bedroom, and a scream for HELP! heard from a neighbor of the Spreckels Mansion that DEFENDANT ADAM SHACKNAI aggressively confronted REBECCA.
5. Further, based on the on the mud found on DECEDENTS feet and four subgaleal hemorrhages on the back right side of her head, in response to the aggressive confrontation from Defendant ADAM SHACKNAI, DECEDENT, fearing for her safety, attempted to flee the residence. However, before DECEDENT could evade her attacker, she was struck four times on the back of the head with a blunt object by Defendant ADAM SHACKNAI, rendering her unconscious.
6. Once confronted with the reality that DECEDENT would eventually regain consciousness, and thereafter probably disclose information about this incident, Defendant ADAM SHACKNAI decided to murder the DECEDENT and hide his involvement.
7. Due to the lack of markings on her body evidencing her being dragged back into the house, Plaintiffs allege that Defendant ADAM SHACKNAI carried the DECEDENT back into the house. Based on the facts that DECEDENT was found naked and that the clothing she was wearing on that date was not found at the scene of the murder, Plaintiffs allege that once inside the residence, Defendant ADAM SHACKNAI stripped off her clothing.
8. Based on the tape residue found on DECEDENTS legs, and the fact that no tape with similar adhesive was found at the scene, Plaintiffs allege that the Defendant ADAM SHACKN AI first restrained DECEDENT with tape, and gagged her, while he was devising and planning the rest of the scheme, and later removed the tape from the scene.
9. Thereafter, Defendant ADAM SHACKNAI contrived an elaborate scheme to murder REBECCA and conceal his involvement.
10. The coverup scheme involved Defendant ADAM SHACKNAI binding DECEDENTS hands (behind her back) and ankles with rope he found at the residence. Plaintiffs allege that based on the knots having nautical qualities and ADAM being a tug boat captain with experience tying nautical knots, that ADAM bound the DECEDENT. Plaintiffs further base this allegation on the fact that the ropes had the same black paint residue found on DECEDENTS nipples, thus implicating the person who tied the knots as the person who also pinched the Decedents nipples, and that ADAM had admitted to masturbating to *advertiser censored* on his cell phone that evening, the further inference being that the two instances of sexual behavior are consistent with ADAMs state of mind that evening. Plaintiffs further base this allegation on the fact that multiple contusions in the area subjacent to the ligatures around her lower legs, a result of the strength of the binding and the lack of rope fibers found on REBECCAS hands.
11. Defendant ADAM SHACKNAI also placed a blue t-shirt around REBECCAS neck and stuffed it in her mouth, using it as a gag to both muffle her screams and cover up any marks that would suggest murder.
12. Based on the injuries sustained by REBECCA and the amount of strength needed to create such injury, Plaintiffs allege that in the early hours of July 13, 2011, ADAM choked REBECCA to death. REBECCA sustained a left cricoid fracture, a fracture of the left arm of the hyoid bone, and a fracture of the base of the left superior horn of the thyroid cartilage, all injuries which commonly occur with strangulation and is unlikely to occur with a hanging. Furthermore, Rebeccas face was described as congestive, and petechiae was found on REBECCAS eyelids, upper and lower palpebral conctivae, and her inner, upper, and lower lip mucosa, periorbital regions and on the left side of her face between he eye, both her eyes fine and coarse petechia above the ligature furrow, extending from the chin to the angles of the mandible, which commonly occurs with strangulation, where there is no complete occlusion of the vasculature, unlike in a full-suspension hanging.
13. Once he murdered REBECCA, Defendant ADAM SHACKNAI wrote a cryptic message on the door outside the room where the murder was committed. The message was painted using black paint at a height that is consistent with an individual who is approximately the height of Defendant ADAM SHACKNAI. The message read: SHE SAVED HIM. CAN YOU SAVE HER.
14. Defendant ADAM SHACKNAI, based on black paint residue found on the noose, then tightened the noose around the neck of the DECEDENT and attached the rope to the base of the bed. ADAM then picked up REBECCA, then threw her over the edge of the adjacent balcony.
15. Defendant ADAM SHACKNAI was careful to remove any evidence of his involvement, including the disposal of the tape used to initially bind her lower legs, and REBECCAS clothes that she was last seen publicly in on July 12, 2011.
16. Defendant ADAM SHACKNAI lastly set out to stage a suicide, and hide his involvement, first by removing and later disposing of the various articles of clothing REBECCA was last seen wearing publicly on June 12, 2011, in an effort to conceal DNA evidence and evidence of having stripped REBECCA of her clothing, laying out clothing matching Zahaus size including a white undershirt, black long sleeve t-shirt and blue jeans in an effort to divert attention away from her last known clothing in the inevitable investigation into REBECCAS death. Defendant ADAM SHACKNAI then wiped down several surfaces, including but not limited to the second story balcony door in an effort to remove fingerprints and DNA. Once the staging was complete, the Defendant ADAM SHACKNAI fled the scene, with the intent to call the police in the early morning with claims of suicide.
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From Keith Greers reply to the motion for summary judgement:
Substantial evidence rebuts the coroners suicide opinion.
Although San Diego Deputy Medical Examiner Jonathan Lucas, M.D. admits in his autopsy report that, The circumstances of this death are unusual and were initially considered suspicious, he opines that Rebecca committed suicide because:
(1) there were no signs of struggle or other footprints on the balcony;
(2) there was no sign of a struggle at the scene;
(3) there was no toxicology evidence that she was sedated; and a complete and thorough investigation by the San Diego Sheriffs Office found no clear evidence that the death was a homicide. (Declaration of Krista Enns, Exhibit G, Lucas Report, pg. 3).
Plaintiffs respectfully submit that the Dr. Lucass report is a classic example of confirmation bias, i.e., when information that supports a predetermined conclusion is given priority over information that does not support the conclusion, and facts and opinions that dont coincide with the conclusion are filtered out. Moreover, an unbiased review of all the facts shows that this was very clearly murder, and the reason there were minimal signs of a struggle are that Rebecca was rendered unconscious by four blows to her head by a blunt object, and she was then strangled in the mansion before she was thrown off the balcony.
Blows to Rebeccas head were sufficient to incapacitate her.
In their autopsy reports, both Dr. Lucas and Dr. Wecht identified four separate traumas to right side and upper right side of her head, identified as subgaleal hemorrhages." (Enns Decl.3Ex.G, Lucas Report al pg. 15: Greer Decl. Ex. A, Wecht Depo.. Ex. 6, Wecht Report at 000875). Dr. Lucas admitted that these blows could have been sufficient to render Rebecca unconscious:
Q. To clarify a comment you made earlier, if you have a blow to the head sufficient to cause the type of subgaleal hemorrhages that you have in this case, are you saying that if you - since you didnt find any injury to the brain itself, that those blows could not have led to Rebecca being unconscious?
A. 1 didn't say that.
Q. Okay, 'Cause you can - a person can be knocked unconscious without an injury - a clinically identifiable injury to the brain, correct?
A. Yes.
(Greer Decl. Ex. E, Lucas Depo. at 161:15-25) When asked about the cause of the injuries to Rebeccas head. Dr. Lucas side stepped his lack of a reasonable explanation, stating I think that like I said before. I think going over the balcony, her interaction with the balcony could have caused some of those, maybe secondarily hitting something when she was swinging. Those are possibilities for me. But, again, just because 1 cant provide a definitive explanation, in my opinion, doesnt take it out of the suicide category. (Greer Decl., Ex. E, Lucas Depo. at 201:25- 202:6)(Emphasis added).
Dr. Wecht, on the other hand, was more definitive, opining that: it is my opinion that these four separate areas of subscapular subgaleal hemorrhage were caused by four separately inflicted blows to the head by what Ive said before as a smooth, rounded blunt force type of instrument producing those injuries. (Greer Decl., Ex. A, Wecht Depo. at 44:6-12). Dr. Wecht further testified that: In my opinion, based upon the fact that there are four such subscapular hemorrhages in four discrete locations, I believe, within a reasonable degree of medical probability, that the totality of the effect of four blows would have led to at least some diminution of full consciousness that would have produced some disruption of the neuronal - the reflex and so on, and I - yes, with a reasonable medical probability', I believe that. (Id, Wecht Depo. at 238:11-20).
Rebccca was strangled before being hanged.
Both Dr. Lucas and Dr. Wecht determined that the cricoid cartilage in Rebeccas neck, well below the furrows left on Rebeccas neck from the noose, had been fractured, and both agreed that this type of injury is consistent with manual strangulation. Dr. Lucas testified:
Q. 1 want to read this to you and ask your opinion on it. It says, Rebecca sustained a
left cricoid - - c-r-i-c-o-i-d - fracture, a fracture of the left arm of the hyoid bone - h-y-o-i-d - and a fracture of the base of the left superior horn of the thyroid cartilage, all injuries which typically occur with strangulation and is unlikely to occur with a hanging. Do you agree with that?
Yes, 1 agree with that statement.
(Finns Decl., Ex. G, Lucas Depo. at 47:24-48:7).
Dr. Wecht, after further discussing the basis for his opinion (Greer Decl. Ex.A, Wecht Depo. at 88:5-89:23), testified:
Q. And do you have an opinion as to the cause of death?
1 believe that the cause of death, with reasonable medical probability, would have been strangulation based upon the fracture of the cricoid to a great extent, based upon other findings which have been discussed, and maybe some which we have not touched upon in full. I'm not sure, I cant speak for Mr. Greer, but I believe that she was more likely than not dead or in the process of dying, what we call pcrimortem period, when the body was then hurled off the balcony. So, I believe that, rather than she was fully conscious and everything was okay from a physical standpoint and that she managed to do all the binding, get herself up on the railing, and then hurled herself off in a fully conscious state and died then from asphyxiation due to hanging. Thats my opinion.
(Greer Decl., Ex. A, Wecht Depo. at 137:12-138:7).
Rebecca screamed for help before he inn incapacitated.
Marsha Allison has lived at 1057 Ocean Blvd., just two houses down from the Spreckels mansion, for 17 years. (Greer Decl., Ex. F, Allison Depo. at 11:20-24). At approximately 11:30 PM on the night of the murder, she was sitting in her TV room, which faced the street, with the window open, and she heard a woman scream very loudly help me, help me. (Id., at 25:17-20, 26:22-27:11, 48:24-49:6). She placed her hand on the phone in case she needed to call 911, but the screams stopped. (Id.). She recalls the screams coming from up high and sounding like they came over the Finches house towards hers. (Id., at 50:25-51:1). The Finches house is between her house and the Spreckels mansion. (Id. at 14:4-9). She presumed the woman was screaming from up on the porch of the Spreckles mansion. (Id. at 15-18). Plaintiffs contend that Rebecca was the woman screaming for help, just prior to being struck on the head four times and being temporarily incapacitated. This fact, which is consistent with a struggle, does not appear in Dr. Lucass report.
Rebecca was not given bad news that evening.
Dr. Lucas states in his report that: despite no history of depression, the decedent was found the morning after she apparently learned that her boyfriends son - who was under her care when his fall occurred two days prior - would likely not survive. (Erins Decl. Ex. G, Lucas Report at pg. 3). However, the tests that had been performed on six-year-old Max Shacknai prior to Rebeccas death showed that he was not getting any worse, and in fact there was slight improvement in his condition. (Greer Decl. Ex. M, Medical Records pg. 505). Dina Shacknai, Maxs mother, was at the hospital with Max from the afternoon of July 12th through midmorning on July 13th, and testified that the doctors confirmed to her on the evening of July 12th that cautious optimism was still appropriate regarding Max, and they would not know if there was any change in his condition until tests were performed the following day. (Greer Decl. Ex. G, Dina Shacknai Depo. at 102:17-19). Thus, there is substantial evidence refuting the existence of the single fact that the Sheriffs Department and Dr. Lucas relied upon in opining that Rebecca had a motivation for suicide, i.e., that prior to her death she was told Max was going to die.
It should also be noted that the emotional bond between Jonah Shacknai and Rebecca had already deteriorated by the time she was murdered to the point where she was considering leaving him and he was already dating the woman he would eventually marry. (Greer Decl., Ex. I, Mary Zahau-Loehner Depo. at pgs. 62:24-63:24; Ex. G, Dina Shacknai Depo. at 154:20-155:22). This information, which tends to undermine the perception that Rebecca and Jonah were still madly in love and the injury to Max was therefore so painful Rebecca was compelled to end her life, was not shared with the SheriffS Department or the Medical Examiner.
Suicidal hanging is not supported by the forensic evidence.
Dr. Lucas based his conclusion of suicide in part on the lack of other footprints on the balcony. However, Forensic Kinesiologist James G. Kent, Ph.D. analyzed the decedents injuries and the alleged mechanism of injuries asserted by Dr. Lucas and the San Diego Sheriffs Department and determined that had Rebecca been bound the way she was found, and her feet were placed on the balcony deck in the manner Dr. Lucas concluded, she would not have been able to propel herself over the railing as is alleged. Moreover, he found that the damage patterns on her body are inconsistent with the mechanics of the decedent voluntarily going forward over the rail. He further opined that it is more likely than not that the decedent could not have had her hands bound behind her and voluntarily been able to flex forward over the rail due to the relationship between the height of the rail and her approximate center of gravity with the binding of her hands in that position, as this wouldve placed her center of gravity on the balcony side and below the level of the rail. Thus he opined it is more likely than not that an outside force, most probably another person, applied the extra force necessary to propel her over the railing. (Declaration of James G. Kent, Ph.D, pg. 4. Section A).
Dr. Kent also opined that had Rebecca fallen uninhibited for 9 feet with a rope around her neck, as stated by Dr. Lucas, her injuries wouldve been much greater than those found on her body, including the probability that she would have been at least partially decapitated. (Id., pg. 5, Section B).
Dr. Kent also analyzed whether the force resulting from a nine-foot fall would pull the bed that the noose was tied to a mere seven inches as shown in crime scene photograph. He determined that if Rebecca had fallen unimpeded for nine feet, the bed would have moved at least several feet, and because the bed only moved approximately seven inches, it is more likely than not that some outside force slowed her fall, such as an individual restraining the rope and/or the bed as she fell. (Id. pg. 6, Section C).
The lack of DNA and fingerprints is consistent with the crime seene being wiped down.
Dr. Lucas and the Sheriff based their suicide conclusion on the fact that only Rebeccas DNA and fingerprints were found at the scene. This is true. However, what they didnt give reasonable consideration to was the fact that there was no DNA or finger prints found in a substantial number of the places, most of which you would expect to find such evidence, like the door knob to the bedroom and to the balcony, the paint brush that was used to paint the phrase on the door and the large tube of black paint that was clearly handled by Rebecca prior to that evening and by the murderer that night. DNA expert Susan Ryan and Forensic Specialist Lisa DiMco found this to be surprising, and consistent with the crime scene being wiped down. (Greer Decl., Ex. O, DiMeo Depo. at 75:1-76:14; 212:3-214:18; Greer Decl., Ex. C, Ryan Depo., at 78:11-79:23, 196:17-197:3; 237:8-21; 254:19-255:1; 259:13-260:2) Ms. Ryan prepared an instructive chart that identifies the number of items that were sampled that were capable of being wiped down, and determined that more than half of them had no DNA detected, including the knife, the paint brush, the door knobs into and out of the bedroom and black paint tube. (Greer Decl., Ex. C, Ryan Depo., 163:8-24; 250:6-252:8 79:23).
The murderer raped Rebecca with a knife handle
One of the most morbid and obscene pieces of evidence in this case, as identified by Forensic Specialist Lisa A. DiMeo, is that a steak knife at the scene was covered with blood on all four sides of the handle, a few inches up, and the only source of blood sufficient to coat all four sides of the knife handle was the decedents vagina. (Greer Decl., Ex. O, DiMeo Depo. at 169:25¬170:10; see photos at Exhibit 11). Ms. Dimeo further opined that the stripe of blood on Rebeccas left inner thigh was a transfer stain from the knife handle being rubbed against her leg (Id., pg.188-190:9; see photo at Ex. 43). Plaintiffs respectfully submit that this is not the type of act that a woman who was allegedly committing an honor suicide would do.
The painted phrase on the door was written by someone with intimate knowledge of Maxs condition.
The phrase SHE SAVED HIM CAN YOU SAVE HER was painted on the door to the bedroom where Rebecca was bound, gagged and hanged. It is a reasonable inference to presume that the she is Rebecca, since she is clearly the her who can be saved. It is also reasonable to assume that the she saved him portion of the message refers to Rebecca saving Max, since, as discussed above, at the time of Rebeccas death, Maxs condition remained stable, and both Maxs mother and father, Dina Shacknai and Jonah Shacknai, were thankful that Rebecca was able to give Max CPR so quickly and save his life. (Greer Decl., Ex, G, Dina Shacknai Depo. at 103:6-14).
The other portion of the message can you save her, may be directed to Adams brother Jonah or to anyone who could intervene. There are only a handful of people who were following
Max's condition closely enough on the evening of the murder to know his current prognosis. And only one of them was in proximity to Rebecca the evening of the murder, i.e., Adam Shacknai.
Writing on the door has similarities to Adam Shacknais handwriting
Forensic document examiner Michael Wakshull, analyzed the handwritten statement on
the bedroom door SHE SAVED HIM CAN YOU SAVE HER," and compared it with samples of handwriting from Rebecca and from Adam Shacknai. I Ms very detailed report, which includes handwriting samples he analyzed. (Greer Decl., Exhibit D, Wakshull Depo, Ex. 8, report re: Examination of handwriting on door). He opines that there are indications Adam wrote the words on the door. (Id., pg. 6 of 65). Indications is defined as evidence to suggest. (Id., at pg. 7 of 45.) Some of the key factors arc that the Defendants handwriting and the handwriting on the door tend to slant left, and Rebeccas handwriting slants to the right, and there are similarities between the Defendants letter A and very unique letter M and the same letters on the door. (Id.)
Height of the writing matches Adam Shacknai. not Rebecca.
Forensic Kinesiologist James G. Kent, Ph.D. analyzed physiological and biomechanical
components which tend to determine the height at which a person comfortably paints on a vertical surface. He determined that the phrase SHE SAVED HIM CAN YOU SAVE HER that is painted on the door of the bedroom where Rebecca was strangled, is consistent with the height of an individual between 5 foot 10 inches. Rebecca is approximately 5 foot three inches. (Kent Decl. Pg. 6, Section D). Whereas Adam is 5'11". (Greer Decl., Ex. N).
The knots and bindings are tied to Adam Shacknai.
Plaintiffs retained a forensic knotting analyst, Lindsey Philpott, to analyze the knots that were used to bind and hang Rebecca. (Greer Decl., Ex. B, Lindsey Philpott depo., at 40-41, and Ex. 3, Philpott C.V. He opined that it would be virtually impossible for any individual to bind there own hands behind their back using the type of knots found on the decedent. (Id., Ex. D, Philpott Depo. at 76:22-77:7 and 204:12-205:13). He also opined that the type of knots that were involved had nautical qualities, including the figure-eight construction around the wrists and ankles, the use of a clove hitch as the final securing element around the neck and wrists. (Id., Philpott Depo. at 211:11 -22, 249:5-249:20, 267:14-22; 272:18-21). He further opined that: the knot attaching around the base of the bedpost is a an eye splice that is formed in the end of a piece of line. Eye splices are regularly and consistently used nautical applications. {Id., Philpott Dcpo. at 241:15-22, 244:23-245:17). The knots also showed a level of sophistication and understanding in the use of rope and knots. (Philpott Depo. 242:1-242:17; 257:15-25).
These findings and opinions are significant because defendant Adam Shacknai is a tugboat captain, who uses nautical knots as part of his profession (Greer Decl., Ex. H, Shacknai Depo. at 8:3-5, 8:23-9:21; Greer Decl. Ex. B, Philpott Depo., at 214:15-15).
Adam Shacknai didnt try to save Rehecca
As noted on the recording of Adam Shacknais call to 911, when he saw Rebecca hanging from the balcony that morning, he did not at first attempt to see if she was still alive or help her. Rather he called 911, and when asked if she was alive, he claimed he did not know. (Greer Decl., Ex.L, 911 Transcript at 1:28-30). In response to the question, he the cut her down. (Id., 911 Transcript at 4:138). Plaintiffs content that the reason he didnt attempt to help her is that he already knew she was dead.
Adam Shacknais comments and mannerisms arc suspicious.
It is well settled that a witness's demeanor is always relevant to his or her credibility. (Evid.Code, § 780, subd. (a); People v. Lopez (2013) 56 Cal.4th 1028, 1064; People v. Scotl (2011) 52 Cal.4th 452, 493; and Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1358.) In other words The weight and credibility of testimony is affected not only by other evidence which is directly contradictory, but also by pertinent circumstances and the demeanor of witnesses.
(Kilstrom v. Bronnenberg (1952) 110 Cal.App.2d 62, 65.) Thus inferences may be drawn not only from the evidence but from the demeanor of the witness and his manner of testifying. (Berger v. Steiner (1945) 72 CaI.App.2d 208, 214-215.)
Plaintiffs have lodged with the Court the complete video recording of Adam Shacknais polygraph interview (Exhibit P), a transcript of the interview (Exhibit R) and the audio recording of Adam Shacknais 911 call the morning of July 11, 2013. These records provide additional evidence of Mr. Shacknais demeanor and mannerisms that undermine his feigned concern over the horrible death suffered by his Rebecca Zahau which can only be appreciated by reviewing the recordings.
By way of example, when asked whether he is going to lie or not to any of the questions being asked, he responds quote but it still obviously fallible because everyones heard about it, but okay. (Greer Decl. Ex. I, Polygraph Interview at 26:8-11. He asks the interviewer: I mean, have you ever had someone like cry during these and tell the truth? (Id. at 56:45-5). He later proceeds to tell the interviewer about how he pleasured himself that morning. (Id. at 80:10-81:9). When asked what do you think should happen to someone who would do something like this, he responds Im gonna tell you now Id be scared shitless first of all for my God damn self. (Id. at 113:3-7). When asked again what he thinks should happen to someone who murdered Rebecca, he responded: I havent pictured, you know, till, like I said, till I started talking to the cops. (Id.
114:1-11). And very peculiarly, when asked if Rebecca ever flirted with him, Mr. Shacknai said: No, no - no. Like no. Other than, you know, you know, shes a decent looking girl, whatever.
Im probably not the worst looking guy. Just but, no. not flirting. (Id. at 151:3-8).
Plaintiffs submit that the evasiveness and equivocation of his responses creates a strong suspicion that he is not telling the truth.
Plaintiffs can establish a claim for battery.
As discussed above, a neighbor heard a woman screaming for help, coming from the direction of where Rebecca was attacked. Clearly being attacked and being hit on the head to the point of losing consciousness is battery.
Plaintiffs can establish a conversion claim
Rebeccca's sister, Mary Zahau-Loehner testified that the clothes that Rebecca was wearing the day she was killed have never been found. (Greer Decl., Hx. J., Mary Zahau-Loehner Dcpo., at 124:1-25. This supports a claim for conversion.
From the third amended complaint:
GENERAL ALLEGATIONS
1. On or around the early morning of July 13, 2011, Defendant ADAM SHACKNAI battered and murdered REBECCA by:
(a) striking REBECCA on the head multiple times with a blunt instrument;
(b) physically restraining her;
(c) further restraining her by binding her legs with tape;
(d) gagging her;
(e) binding her hands behind her back with rope;
(f) binding her ankles together with rope;
(g) removing the previously placed tape from her legs;
(h) strangling her to the point of unconsciousness or death;
(i) making and placing a rope noose around her neck;
(j) tying the other end of the rope leading to the noose to a bed;
(k) carrying her to the adjacent balcony and pushing her over the railing of the balcony causing her to fall and, if she was still alive at that time, to then die by asphyxiation.
(1) removing evidence of the acts which he committed, including wiping down objects he had touched in order to remove DNA and finger prints; and (m) as a further ploy to cover up his wrongdoing, painted the following words on the inside of door near the balcony where REBECCA was left hanging:
SHE SAVED HIM CAN YOU SAVE HER
2. On the morning of July 13, 2011, REBECCA was found dead, naked, bound and gagged, with a rope noose around her neck. Her cause of death was asphyxiation, which was caused by either manual strangulation before she was hanged, or from being hanged with a rope noose around her neck from the second story deck of the Coronado vacation home at which she was staying, located at 1043 Ocean Boulevard, and commonly known as the Spreckels Mansion. The Coroner for the County of San Diego determined that she died on that date.
3. Because the only individuals who know the true facts and sequence of events with absolute certainty are the decedent REBECCA and her killer, the allegations made herein are made on information and belief based on the evidence that has been uncovered to date. Plaintiffs intend to seek leave to amend the Complaint as additional facts are developed and uncovered during the course of discovery.
ALLEGATIONS OF SPECIFIC ACTS
4. Plaintiffs allege, based in part on the multiple abrasions, found throughout her body including but not limited to her hips, right hand, right shoulder, left forearm, and left hand, the presence of multiple blood drops on the second story carpet near the entrance of the northwest bedroom and bathroom shower and a knocked over chair within the northwest bedroom, and a scream for HELP! heard from a neighbor of the Spreckels Mansion that DEFENDANT ADAM SHACKNAI aggressively confronted REBECCA.
5. Further, based on the on the mud found on DECEDENTS feet and four subgaleal hemorrhages on the back right side of her head, in response to the aggressive confrontation from Defendant ADAM SHACKNAI, DECEDENT, fearing for her safety, attempted to flee the residence. However, before DECEDENT could evade her attacker, she was struck four times on the back of the head with a blunt object by Defendant ADAM SHACKNAI, rendering her unconscious.
6. Once confronted with the reality that DECEDENT would eventually regain consciousness, and thereafter probably disclose information about this incident, Defendant ADAM SHACKNAI decided to murder the DECEDENT and hide his involvement.
7. Due to the lack of markings on her body evidencing her being dragged back into the house, Plaintiffs allege that Defendant ADAM SHACKNAI carried the DECEDENT back into the house. Based on the facts that DECEDENT was found naked and that the clothing she was wearing on that date was not found at the scene of the murder, Plaintiffs allege that once inside the residence, Defendant ADAM SHACKNAI stripped off her clothing.
8. Based on the tape residue found on DECEDENTS legs, and the fact that no tape with similar adhesive was found at the scene, Plaintiffs allege that the Defendant ADAM SHACKN AI first restrained DECEDENT with tape, and gagged her, while he was devising and planning the rest of the scheme, and later removed the tape from the scene.
9. Thereafter, Defendant ADAM SHACKNAI contrived an elaborate scheme to murder REBECCA and conceal his involvement.
10. The coverup scheme involved Defendant ADAM SHACKNAI binding DECEDENTS hands (behind her back) and ankles with rope he found at the residence. Plaintiffs allege that based on the knots having nautical qualities and ADAM being a tug boat captain with experience tying nautical knots, that ADAM bound the DECEDENT. Plaintiffs further base this allegation on the fact that the ropes had the same black paint residue found on DECEDENTS nipples, thus implicating the person who tied the knots as the person who also pinched the Decedents nipples, and that ADAM had admitted to masturbating to *advertiser censored* on his cell phone that evening, the further inference being that the two instances of sexual behavior are consistent with ADAMs state of mind that evening. Plaintiffs further base this allegation on the fact that multiple contusions in the area subjacent to the ligatures around her lower legs, a result of the strength of the binding and the lack of rope fibers found on REBECCAS hands.
11. Defendant ADAM SHACKNAI also placed a blue t-shirt around REBECCAS neck and stuffed it in her mouth, using it as a gag to both muffle her screams and cover up any marks that would suggest murder.
12. Based on the injuries sustained by REBECCA and the amount of strength needed to create such injury, Plaintiffs allege that in the early hours of July 13, 2011, ADAM choked REBECCA to death. REBECCA sustained a left cricoid fracture, a fracture of the left arm of the hyoid bone, and a fracture of the base of the left superior horn of the thyroid cartilage, all injuries which commonly occur with strangulation and is unlikely to occur with a hanging. Furthermore, Rebeccas face was described as congestive, and petechiae was found on REBECCAS eyelids, upper and lower palpebral conctivae, and her inner, upper, and lower lip mucosa, periorbital regions and on the left side of her face between he eye, both her eyes fine and coarse petechia above the ligature furrow, extending from the chin to the angles of the mandible, which commonly occurs with strangulation, where there is no complete occlusion of the vasculature, unlike in a full-suspension hanging.
13. Once he murdered REBECCA, Defendant ADAM SHACKNAI wrote a cryptic message on the door outside the room where the murder was committed. The message was painted using black paint at a height that is consistent with an individual who is approximately the height of Defendant ADAM SHACKNAI. The message read: SHE SAVED HIM. CAN YOU SAVE HER.
14. Defendant ADAM SHACKNAI, based on black paint residue found on the noose, then tightened the noose around the neck of the DECEDENT and attached the rope to the base of the bed. ADAM then picked up REBECCA, then threw her over the edge of the adjacent balcony.
15. Defendant ADAM SHACKNAI was careful to remove any evidence of his involvement, including the disposal of the tape used to initially bind her lower legs, and REBECCAS clothes that she was last seen publicly in on July 12, 2011.
16. Defendant ADAM SHACKNAI lastly set out to stage a suicide, and hide his involvement, first by removing and later disposing of the various articles of clothing REBECCA was last seen wearing publicly on June 12, 2011, in an effort to conceal DNA evidence and evidence of having stripped REBECCA of her clothing, laying out clothing matching Zahaus size including a white undershirt, black long sleeve t-shirt and blue jeans in an effort to divert attention away from her last known clothing in the inevitable investigation into REBECCAS death. Defendant ADAM SHACKNAI then wiped down several surfaces, including but not limited to the second story balcony door in an effort to remove fingerprints and DNA. Once the staging was complete, the Defendant ADAM SHACKNAI fled the scene, with the intent to call the police in the early morning with claims of suicide.
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From Keith Greers reply to the motion for summary judgement:
Substantial evidence rebuts the coroners suicide opinion.
Although San Diego Deputy Medical Examiner Jonathan Lucas, M.D. admits in his autopsy report that, The circumstances of this death are unusual and were initially considered suspicious, he opines that Rebecca committed suicide because:
(1) there were no signs of struggle or other footprints on the balcony;
(2) there was no sign of a struggle at the scene;
(3) there was no toxicology evidence that she was sedated; and a complete and thorough investigation by the San Diego Sheriffs Office found no clear evidence that the death was a homicide. (Declaration of Krista Enns, Exhibit G, Lucas Report, pg. 3).
Plaintiffs respectfully submit that the Dr. Lucass report is a classic example of confirmation bias, i.e., when information that supports a predetermined conclusion is given priority over information that does not support the conclusion, and facts and opinions that dont coincide with the conclusion are filtered out. Moreover, an unbiased review of all the facts shows that this was very clearly murder, and the reason there were minimal signs of a struggle are that Rebecca was rendered unconscious by four blows to her head by a blunt object, and she was then strangled in the mansion before she was thrown off the balcony.
Blows to Rebeccas head were sufficient to incapacitate her.
In their autopsy reports, both Dr. Lucas and Dr. Wecht identified four separate traumas to right side and upper right side of her head, identified as subgaleal hemorrhages." (Enns Decl.3Ex.G, Lucas Report al pg. 15: Greer Decl. Ex. A, Wecht Depo.. Ex. 6, Wecht Report at 000875). Dr. Lucas admitted that these blows could have been sufficient to render Rebecca unconscious:
Q. To clarify a comment you made earlier, if you have a blow to the head sufficient to cause the type of subgaleal hemorrhages that you have in this case, are you saying that if you - since you didnt find any injury to the brain itself, that those blows could not have led to Rebecca being unconscious?
A. 1 didn't say that.
Q. Okay, 'Cause you can - a person can be knocked unconscious without an injury - a clinically identifiable injury to the brain, correct?
A. Yes.
(Greer Decl. Ex. E, Lucas Depo. at 161:15-25) When asked about the cause of the injuries to Rebeccas head. Dr. Lucas side stepped his lack of a reasonable explanation, stating I think that like I said before. I think going over the balcony, her interaction with the balcony could have caused some of those, maybe secondarily hitting something when she was swinging. Those are possibilities for me. But, again, just because 1 cant provide a definitive explanation, in my opinion, doesnt take it out of the suicide category. (Greer Decl., Ex. E, Lucas Depo. at 201:25- 202:6)(Emphasis added).
Dr. Wecht, on the other hand, was more definitive, opining that: it is my opinion that these four separate areas of subscapular subgaleal hemorrhage were caused by four separately inflicted blows to the head by what Ive said before as a smooth, rounded blunt force type of instrument producing those injuries. (Greer Decl., Ex. A, Wecht Depo. at 44:6-12). Dr. Wecht further testified that: In my opinion, based upon the fact that there are four such subscapular hemorrhages in four discrete locations, I believe, within a reasonable degree of medical probability, that the totality of the effect of four blows would have led to at least some diminution of full consciousness that would have produced some disruption of the neuronal - the reflex and so on, and I - yes, with a reasonable medical probability', I believe that. (Id, Wecht Depo. at 238:11-20).
Rebccca was strangled before being hanged.
Both Dr. Lucas and Dr. Wecht determined that the cricoid cartilage in Rebeccas neck, well below the furrows left on Rebeccas neck from the noose, had been fractured, and both agreed that this type of injury is consistent with manual strangulation. Dr. Lucas testified:
Q. 1 want to read this to you and ask your opinion on it. It says, Rebecca sustained a
left cricoid - - c-r-i-c-o-i-d - fracture, a fracture of the left arm of the hyoid bone - h-y-o-i-d - and a fracture of the base of the left superior horn of the thyroid cartilage, all injuries which typically occur with strangulation and is unlikely to occur with a hanging. Do you agree with that?
Yes, 1 agree with that statement.
(Finns Decl., Ex. G, Lucas Depo. at 47:24-48:7).
Dr. Wecht, after further discussing the basis for his opinion (Greer Decl. Ex.A, Wecht Depo. at 88:5-89:23), testified:
Q. And do you have an opinion as to the cause of death?
1 believe that the cause of death, with reasonable medical probability, would have been strangulation based upon the fracture of the cricoid to a great extent, based upon other findings which have been discussed, and maybe some which we have not touched upon in full. I'm not sure, I cant speak for Mr. Greer, but I believe that she was more likely than not dead or in the process of dying, what we call pcrimortem period, when the body was then hurled off the balcony. So, I believe that, rather than she was fully conscious and everything was okay from a physical standpoint and that she managed to do all the binding, get herself up on the railing, and then hurled herself off in a fully conscious state and died then from asphyxiation due to hanging. Thats my opinion.
(Greer Decl., Ex. A, Wecht Depo. at 137:12-138:7).
Rebecca screamed for help before he inn incapacitated.
Marsha Allison has lived at 1057 Ocean Blvd., just two houses down from the Spreckels mansion, for 17 years. (Greer Decl., Ex. F, Allison Depo. at 11:20-24). At approximately 11:30 PM on the night of the murder, she was sitting in her TV room, which faced the street, with the window open, and she heard a woman scream very loudly help me, help me. (Id., at 25:17-20, 26:22-27:11, 48:24-49:6). She placed her hand on the phone in case she needed to call 911, but the screams stopped. (Id.). She recalls the screams coming from up high and sounding like they came over the Finches house towards hers. (Id., at 50:25-51:1). The Finches house is between her house and the Spreckels mansion. (Id. at 14:4-9). She presumed the woman was screaming from up on the porch of the Spreckles mansion. (Id. at 15-18). Plaintiffs contend that Rebecca was the woman screaming for help, just prior to being struck on the head four times and being temporarily incapacitated. This fact, which is consistent with a struggle, does not appear in Dr. Lucass report.
Rebecca was not given bad news that evening.
Dr. Lucas states in his report that: despite no history of depression, the decedent was found the morning after she apparently learned that her boyfriends son - who was under her care when his fall occurred two days prior - would likely not survive. (Erins Decl. Ex. G, Lucas Report at pg. 3). However, the tests that had been performed on six-year-old Max Shacknai prior to Rebeccas death showed that he was not getting any worse, and in fact there was slight improvement in his condition. (Greer Decl. Ex. M, Medical Records pg. 505). Dina Shacknai, Maxs mother, was at the hospital with Max from the afternoon of July 12th through midmorning on July 13th, and testified that the doctors confirmed to her on the evening of July 12th that cautious optimism was still appropriate regarding Max, and they would not know if there was any change in his condition until tests were performed the following day. (Greer Decl. Ex. G, Dina Shacknai Depo. at 102:17-19). Thus, there is substantial evidence refuting the existence of the single fact that the Sheriffs Department and Dr. Lucas relied upon in opining that Rebecca had a motivation for suicide, i.e., that prior to her death she was told Max was going to die.
It should also be noted that the emotional bond between Jonah Shacknai and Rebecca had already deteriorated by the time she was murdered to the point where she was considering leaving him and he was already dating the woman he would eventually marry. (Greer Decl., Ex. I, Mary Zahau-Loehner Depo. at pgs. 62:24-63:24; Ex. G, Dina Shacknai Depo. at 154:20-155:22). This information, which tends to undermine the perception that Rebecca and Jonah were still madly in love and the injury to Max was therefore so painful Rebecca was compelled to end her life, was not shared with the SheriffS Department or the Medical Examiner.
Suicidal hanging is not supported by the forensic evidence.
Dr. Lucas based his conclusion of suicide in part on the lack of other footprints on the balcony. However, Forensic Kinesiologist James G. Kent, Ph.D. analyzed the decedents injuries and the alleged mechanism of injuries asserted by Dr. Lucas and the San Diego Sheriffs Department and determined that had Rebecca been bound the way she was found, and her feet were placed on the balcony deck in the manner Dr. Lucas concluded, she would not have been able to propel herself over the railing as is alleged. Moreover, he found that the damage patterns on her body are inconsistent with the mechanics of the decedent voluntarily going forward over the rail. He further opined that it is more likely than not that the decedent could not have had her hands bound behind her and voluntarily been able to flex forward over the rail due to the relationship between the height of the rail and her approximate center of gravity with the binding of her hands in that position, as this wouldve placed her center of gravity on the balcony side and below the level of the rail. Thus he opined it is more likely than not that an outside force, most probably another person, applied the extra force necessary to propel her over the railing. (Declaration of James G. Kent, Ph.D, pg. 4. Section A).
Dr. Kent also opined that had Rebecca fallen uninhibited for 9 feet with a rope around her neck, as stated by Dr. Lucas, her injuries wouldve been much greater than those found on her body, including the probability that she would have been at least partially decapitated. (Id., pg. 5, Section B).
Dr. Kent also analyzed whether the force resulting from a nine-foot fall would pull the bed that the noose was tied to a mere seven inches as shown in crime scene photograph. He determined that if Rebecca had fallen unimpeded for nine feet, the bed would have moved at least several feet, and because the bed only moved approximately seven inches, it is more likely than not that some outside force slowed her fall, such as an individual restraining the rope and/or the bed as she fell. (Id. pg. 6, Section C).
The lack of DNA and fingerprints is consistent with the crime seene being wiped down.
Dr. Lucas and the Sheriff based their suicide conclusion on the fact that only Rebeccas DNA and fingerprints were found at the scene. This is true. However, what they didnt give reasonable consideration to was the fact that there was no DNA or finger prints found in a substantial number of the places, most of which you would expect to find such evidence, like the door knob to the bedroom and to the balcony, the paint brush that was used to paint the phrase on the door and the large tube of black paint that was clearly handled by Rebecca prior to that evening and by the murderer that night. DNA expert Susan Ryan and Forensic Specialist Lisa DiMco found this to be surprising, and consistent with the crime scene being wiped down. (Greer Decl., Ex. O, DiMeo Depo. at 75:1-76:14; 212:3-214:18; Greer Decl., Ex. C, Ryan Depo., at 78:11-79:23, 196:17-197:3; 237:8-21; 254:19-255:1; 259:13-260:2) Ms. Ryan prepared an instructive chart that identifies the number of items that were sampled that were capable of being wiped down, and determined that more than half of them had no DNA detected, including the knife, the paint brush, the door knobs into and out of the bedroom and black paint tube. (Greer Decl., Ex. C, Ryan Depo., 163:8-24; 250:6-252:8 79:23).
The murderer raped Rebecca with a knife handle
One of the most morbid and obscene pieces of evidence in this case, as identified by Forensic Specialist Lisa A. DiMeo, is that a steak knife at the scene was covered with blood on all four sides of the handle, a few inches up, and the only source of blood sufficient to coat all four sides of the knife handle was the decedents vagina. (Greer Decl., Ex. O, DiMeo Depo. at 169:25¬170:10; see photos at Exhibit 11). Ms. Dimeo further opined that the stripe of blood on Rebeccas left inner thigh was a transfer stain from the knife handle being rubbed against her leg (Id., pg.188-190:9; see photo at Ex. 43). Plaintiffs respectfully submit that this is not the type of act that a woman who was allegedly committing an honor suicide would do.
The painted phrase on the door was written by someone with intimate knowledge of Maxs condition.
The phrase SHE SAVED HIM CAN YOU SAVE HER was painted on the door to the bedroom where Rebecca was bound, gagged and hanged. It is a reasonable inference to presume that the she is Rebecca, since she is clearly the her who can be saved. It is also reasonable to assume that the she saved him portion of the message refers to Rebecca saving Max, since, as discussed above, at the time of Rebeccas death, Maxs condition remained stable, and both Maxs mother and father, Dina Shacknai and Jonah Shacknai, were thankful that Rebecca was able to give Max CPR so quickly and save his life. (Greer Decl., Ex, G, Dina Shacknai Depo. at 103:6-14).
The other portion of the message can you save her, may be directed to Adams brother Jonah or to anyone who could intervene. There are only a handful of people who were following
Max's condition closely enough on the evening of the murder to know his current prognosis. And only one of them was in proximity to Rebecca the evening of the murder, i.e., Adam Shacknai.
Writing on the door has similarities to Adam Shacknais handwriting
Forensic document examiner Michael Wakshull, analyzed the handwritten statement on
the bedroom door SHE SAVED HIM CAN YOU SAVE HER," and compared it with samples of handwriting from Rebecca and from Adam Shacknai. I Ms very detailed report, which includes handwriting samples he analyzed. (Greer Decl., Exhibit D, Wakshull Depo, Ex. 8, report re: Examination of handwriting on door). He opines that there are indications Adam wrote the words on the door. (Id., pg. 6 of 65). Indications is defined as evidence to suggest. (Id., at pg. 7 of 45.) Some of the key factors arc that the Defendants handwriting and the handwriting on the door tend to slant left, and Rebeccas handwriting slants to the right, and there are similarities between the Defendants letter A and very unique letter M and the same letters on the door. (Id.)
Height of the writing matches Adam Shacknai. not Rebecca.
Forensic Kinesiologist James G. Kent, Ph.D. analyzed physiological and biomechanical
components which tend to determine the height at which a person comfortably paints on a vertical surface. He determined that the phrase SHE SAVED HIM CAN YOU SAVE HER that is painted on the door of the bedroom where Rebecca was strangled, is consistent with the height of an individual between 5 foot 10 inches. Rebecca is approximately 5 foot three inches. (Kent Decl. Pg. 6, Section D). Whereas Adam is 5'11". (Greer Decl., Ex. N).
The knots and bindings are tied to Adam Shacknai.
Plaintiffs retained a forensic knotting analyst, Lindsey Philpott, to analyze the knots that were used to bind and hang Rebecca. (Greer Decl., Ex. B, Lindsey Philpott depo., at 40-41, and Ex. 3, Philpott C.V. He opined that it would be virtually impossible for any individual to bind there own hands behind their back using the type of knots found on the decedent. (Id., Ex. D, Philpott Depo. at 76:22-77:7 and 204:12-205:13). He also opined that the type of knots that were involved had nautical qualities, including the figure-eight construction around the wrists and ankles, the use of a clove hitch as the final securing element around the neck and wrists. (Id., Philpott Depo. at 211:11 -22, 249:5-249:20, 267:14-22; 272:18-21). He further opined that: the knot attaching around the base of the bedpost is a an eye splice that is formed in the end of a piece of line. Eye splices are regularly and consistently used nautical applications. {Id., Philpott Dcpo. at 241:15-22, 244:23-245:17). The knots also showed a level of sophistication and understanding in the use of rope and knots. (Philpott Depo. 242:1-242:17; 257:15-25).
These findings and opinions are significant because defendant Adam Shacknai is a tugboat captain, who uses nautical knots as part of his profession (Greer Decl., Ex. H, Shacknai Depo. at 8:3-5, 8:23-9:21; Greer Decl. Ex. B, Philpott Depo., at 214:15-15).
Adam Shacknai didnt try to save Rehecca
As noted on the recording of Adam Shacknais call to 911, when he saw Rebecca hanging from the balcony that morning, he did not at first attempt to see if she was still alive or help her. Rather he called 911, and when asked if she was alive, he claimed he did not know. (Greer Decl., Ex.L, 911 Transcript at 1:28-30). In response to the question, he the cut her down. (Id., 911 Transcript at 4:138). Plaintiffs content that the reason he didnt attempt to help her is that he already knew she was dead.
Adam Shacknais comments and mannerisms arc suspicious.
It is well settled that a witness's demeanor is always relevant to his or her credibility. (Evid.Code, § 780, subd. (a); People v. Lopez (2013) 56 Cal.4th 1028, 1064; People v. Scotl (2011) 52 Cal.4th 452, 493; and Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1358.) In other words The weight and credibility of testimony is affected not only by other evidence which is directly contradictory, but also by pertinent circumstances and the demeanor of witnesses.
(Kilstrom v. Bronnenberg (1952) 110 Cal.App.2d 62, 65.) Thus inferences may be drawn not only from the evidence but from the demeanor of the witness and his manner of testifying. (Berger v. Steiner (1945) 72 CaI.App.2d 208, 214-215.)
Plaintiffs have lodged with the Court the complete video recording of Adam Shacknais polygraph interview (Exhibit P), a transcript of the interview (Exhibit R) and the audio recording of Adam Shacknais 911 call the morning of July 11, 2013. These records provide additional evidence of Mr. Shacknais demeanor and mannerisms that undermine his feigned concern over the horrible death suffered by his Rebecca Zahau which can only be appreciated by reviewing the recordings.
By way of example, when asked whether he is going to lie or not to any of the questions being asked, he responds quote but it still obviously fallible because everyones heard about it, but okay. (Greer Decl. Ex. I, Polygraph Interview at 26:8-11. He asks the interviewer: I mean, have you ever had someone like cry during these and tell the truth? (Id. at 56:45-5). He later proceeds to tell the interviewer about how he pleasured himself that morning. (Id. at 80:10-81:9). When asked what do you think should happen to someone who would do something like this, he responds Im gonna tell you now Id be scared shitless first of all for my God damn self. (Id. at 113:3-7). When asked again what he thinks should happen to someone who murdered Rebecca, he responded: I havent pictured, you know, till, like I said, till I started talking to the cops. (Id.
114:1-11). And very peculiarly, when asked if Rebecca ever flirted with him, Mr. Shacknai said: No, no - no. Like no. Other than, you know, you know, shes a decent looking girl, whatever.
Im probably not the worst looking guy. Just but, no. not flirting. (Id. at 151:3-8).
Plaintiffs submit that the evasiveness and equivocation of his responses creates a strong suspicion that he is not telling the truth.
Plaintiffs can establish a claim for battery.
As discussed above, a neighbor heard a woman screaming for help, coming from the direction of where Rebecca was attacked. Clearly being attacked and being hit on the head to the point of losing consciousness is battery.
Plaintiffs can establish a conversion claim
Rebeccca's sister, Mary Zahau-Loehner testified that the clothes that Rebecca was wearing the day she was killed have never been found. (Greer Decl., Hx. J., Mary Zahau-Loehner Dcpo., at 124:1-25. This supports a claim for conversion.