Estate of Rebecca Zahau et al v. Shacknai et al

[K_Z]

I was curious how many judges there are in the California Southern District Court (where the Zahau civil wrongful death suit is filed.) As we all know, sometimes there is a change of judge in a case that goes on over a long time, or for other scheduling reasons, or conflicts of interest, illness, etc. So I was curious how many judges there are in this district.

There are 18 judges, currently. Six of the 18 are "senior judges", and Judge Whelan is one of the 6 senior judges. (These are not the circuit court judges-- there are dozens of them.)

[ame="http://en.wikipedia.org/wiki/United_States_District_Court_for_the_Southern_District_of_California"]United States District Court for the Southern District of California - Wikipedia, the free encyclopedia[/ame]

At this site, you can see a Judge's court schedule for the week, among other things of interest.

http://www.casd.uscourts.gov/Calendars/AllJudges.aspx

http://www.casd.uscourts.gov/

 

[K_Z]

I forgot to mention another observation I had about Judge Whelan, when I noted his "senior judge" status.

"Senior status" is a form of semi retirement.

Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status. A judge must be at least 65 and have served for 15 years to qualify, with one fewer year of service required for each additional year of age. When that happens, they receive the full salary of a judge but work only part-time. Additionally, senior judges do not occupy seats; instead, their seats become vacant, and the President may appoint new full-time judges to fill their spots. Depending on how heavy a caseload they carry, senior judges remain entitled to maintain a staffed office, including a secretary and one or more law clerks.

The rules governing assignment of senior judges are also defined by statutory law, specifically 28 U.S.C. § 294. In essence, under normal conditions, the chief judge or judicial council of a circuit may assign a senior judge belonging to that circuit to perform any duty within the circuit that the judge is willing and able to perform. A senior district judge can be assigned to an appellate case, and a circuit judge can be assigned to preside over a trial. For courts that do not fall within a circuit, such as the United States Court of International Trade, the chief judge of that court can assign a senior judge of that court to perform any duty within the circuit that the judge is willing and able to perform.

[ame="http://en.wikipedia.org/wiki/Senior_status"]Senior status - Wikipedia, the free encyclopedia[/ame]

If I understand the designation of "senior status", that means the Judge is not compelled to take any case that comes along. In essence, he or she can be "picky" about the cases he or she chooses to preside over.

So, if I'm correct about this, there is a good chance that Judge Whelan was specifically asked by the Chief Judge if he was willing to take this civil wrongful death suit. And if that's true, Judge Whelan apparently agreed to take it. I take that as a sign that Judge Whelan might be inclined to see the case all the way thru to resolution, and likely has some knowledge of the history of the situation from news reports at least.

So, pure speculation on my part, but if he didn't "have" to take this case, that may indicate his willingness to let it proceed. I think that may argue against speculation that he would simply and easily dismiss the case right out of the gate. Logic argues that the Judge is willing to let it proceed.

I take that as a very positive sign for the Zahau family. I hope they are very encouraged by the assignment to this particular Judge. They finally have some legitimate reason for hope and optimism that some measure of justice is possible for Rebecca.

 

[Betty P]

I forgot to mention another observation I had about Judge Whelan, when I noted his "senior judge" status.

"Senior status" is a form of semi retirement.






Senior status - Wikipedia, the free encyclopedia

If I understand the designation of "senior status", that means the Judge is not compelled to take any case that comes along. In essence, he or she can be "picky" about the cases he or she chooses to preside over.

So, if I'm correct about this, there is a good chance that Judge Whelan was specifically asked by the Chief Judge if he was willing to take this civil wrongful death suit. And if that's true, Judge Whelan apparently agreed to take it. I take that as a sign that Judge Whelan might be inclined to see the case all the way thru to resolution, and likely has some knowledge of the history of the situation from news reports at least.

So, pure speculation on my part, but if he didn't "have" to take this case, that may indicate his willingness to let it proceed. I think that may argue against speculation that he would simply and easily dismiss the case right out of the gate. Logic argues that the Judge is willing to let it proceed.

I take that as a very positive sign for the Zahau family. I hope they are very encouraged by the assignment to this particular Judge. They finally have some legitimate reason for hope and optimism that some measure of justice is possible for Rebecca.

Thanks so much for that information, K_Z. The part about the judge's "senior status" is very interesting. While its impossible to know why he took the case, it certainly indicates it was of interest to him. It's a positive sign that he chose the case and possibly does indicate he wants to "see it through" to a conclusion.

 

[K_Z]

Yes, Betty P.

And the fact that he was the judge in BOTH of Betty Broderick's trials is....ummmm....well, very interesting to me, on so many levels. He apparently knows a thing or two about vindictive, jealous ex- wives.

Maybe that is why he was interested in taking the case?! IDK. But the Betty Broderick thing sure is an interesting layer to all this, IMO.

But I'm sure Dina isn't worried at all about the Betty Broderick thing, right?
Dina is not Betty Broderick.

 

[inthedark14]

K_Z I can't thank you enough for the efforts you put into this to help keep us all informed. I wouldn't have even had a clue where to start. It's so worrying when nothing is heard for months, but we all know how slow the wheels of the legal process turn. I never would have even thought to try to find out who the judge was.

Also, your time and efforts are so appreciated, especially by those of us who are not medically knowledgeable. You really do help make sense of all the jargon that I research and read and end up more confused than when I started.

Anyway, I just wanted to say that you totally rock. :rocker: :rockon:

 

[Betty P]

K_Z, yes the Broderick case was very interesting. I had to refresh my memory a little, but it was a classic case of a jealous ex-wife murdering her ex and his new wife. Granted, Dan Broderick was a louse for cheating on Betty after she worked to help put him through med school and law school, then fighting her over their divorce settlement. Betty did get a bad deal, leaving the marriage with a paltry $30,000 for 20 years of marriage to a wealthy man. But it didn't justify murder.

Dr. Park Dietz testified that Betty suffered from histrionic and narcissistic personality disorder, not surprising for someone who killed her replacement in a fit of rage. Typical also that Betty didn't show any remorse for the killings, but instead spent a great deal of effort using the news media to portray herself as a victim.

Apparently, Betty still shows no remorse for the murders she committed as she was recently denied parole.

I didn't follow either of Betty's trials, too busy working and raising little kids back then, but I'm going to look it up.

ETA: I hope this isn't considered OT, but there are some striking similarities between the crumbling marriages of the Brodericks and JS & DS.

 

[Inparadise]

K_Z, yes the Broderick case was very interesting. I had to refresh my memory a little, but it was a classic case of a jealous ex-wife murdering her ex and his new wife. Granted, Dan Broderick was a louse for cheating on Betty after she worked to help put him through med school and law school, then fighting her over their divorce settlement. Betty did get a bad deal, leaving the marriage with a paltry $30,000 for 20 years of marriage to a wealthy man. But it didn't justify murder.

Dr. Park Dietz testified that Betty suffered from histrionic and narcissistic personality disorder, not surprising for someone who killed her replacement in a fit of rage. Typical also that Betty didn't show any remorse for the killings, but instead spent a great deal of effort using the news media to portray herself as a victim.

Apparently, Betty still shows no remorse for the murders she committed as she was recently denied parole.

I didn't follow either of Betty's trials, too busy working and raising little kids back then, but I'm going to look it up.

ETA: I hope this isn't considered OT, but there are some striking similarities between the crumbling marriages of the Brodericks and JS & DS.

My attorney friends tell me that the judge is fair and honest.

 

[K_Z]

My attorney friends tell me that the judge is fair and honest.

I sure got that sense, too, IP. In the Broderick case, there was another Judge initially, but the defense put up some challenges. Both sides agreed to Judge Whelan. But what is even more interesting to me is that both sides agreed thru TWO trials that they were okay with the Judge. That is pretty big, in a high profile case, for both sides to "like" the judge.

I'm hopeful both sides will like the judge in this civil case, too. With his experience and background, as a prosecutor, and longtime judge, now at the Federal level, I think he is going to be good for this case. Once a little more time has elapsed and the case has progressed, I think the media will pick up stories about it again. Judge Whelan has experience handling at least one very high profile case, and will be on top of all of the media issues.

I expect he may well issue gag orders to attorneys for both sides. I would be just fine with that. I think the Zahaus will be okay with that, too, if it happens.

The Zahau family has not sought out the media and interviews very much, especially in the last year. Until they filed the WDS, they never once publicly named anyone in Rebecca's death.

And quite frankly, a gag order would help Dina as well, IMO.

 

[Gilgamesh]

What would be the symptoms of a combined histrionic and narcissistic personality disorder?
Does any one know?

 

[Betty P]

I was thinking the same - that given his record, Judge Whelan might issue gag orders when this case comes to trial. It sounds like a good idea, given DR's pursuit of media coverage to attack RZ. Of course, those of us following the trial will be somewhat deprived of information, but we've been patient for over 2 years, we can wait a little longer.

Just wondering, do civil trials in CA go on for long periods of time?

 

[Inparadise]

I was thinking the same - that given his record, Judge Whelan might issue gag orders when this case comes to trial. It sounds like a good idea, given DR's pursuit of media coverage to attack RZ. Of course, those of us following the trial will be somewhat deprived of information, but we've been patient for over 2 years, we can wait a little longer.

Just wondering, do civil trials in CA go on for long periods of time?

They can

 

[*Lash*]

I researched Judge Whelan a little when the suit was first filed. He is also a Clinton appointee.

I also looked into the two new attorneys representing the family. Rudoy nor Bremner are included in the WDS. I believe Bremner is totally out of the picture and Rudoy is representing the suit against SDSO for additional evidence. What is happening with that suit? When Dina filed her suit for autopsy pictures it didn't take this long for her to receive an answer.

The two new attorneys representing the Zahau's in the WDS -

Frederick Gaston
http://www.gastonandgaston.com/frederick-gaston/

Curtis Greer
http://members.calbar.ca.gov/fal/Member/Detail/135537

How long have they been involved in the case, how passionate are they about justice for Rebecca? I believe because of the donation campaign they're not working pro bono, rather on a continengency basis. This concerns me. They both appear to be good reputable attorneys, but will they draw a line at some point and recommend the Zahau's accept a settlement?

 

[Carioca]

I researched Judge Whelan a little when the suit was first filed. He is also a Clinton appointee.

I also looked into the two new attorneys representing the family. Rudoy nor Bremner are included in the WDS. I believe Bremner is totally out of the picture and Rudoy is representing the suit against SDSO for additional evidence. What is happening with that suit? When Dina filed her suit for autopsy pictures it didn't take this long for her to receive an answer.

The two new attorneys representing the Zahau's in the WDS -

Frederick Gaston
http://www.gastonandgaston.com/frederick-gaston/

Curtis Greer
http://members.calbar.ca.gov/fal/Member/Detail/135537

How long have they been involved in the case, how passionate are they about justice for Rebecca? I believe because of the donation campaign they're not working pro bono, rather on a continengency basis. This concerns me. They both appear to be good reputable attorneys, but will they draw a line at some point and recommend the Zahau's accept a settlement?

Hi Lash - At the time of the donation campaign, Rudoy was representing the family. IIRC Gaston and Greer took over as attorneys when MZL and her mother filed the WDS.

Unbelievable that it's been 24+ months since Gore and his posse determined Rebecca's death a suicide and yet they continue to refuse to return her phone, computer, etc to her family. Such resistance to comply IMO can only mean one thing: the items hold incriminating evidence that points to murder, and more mud in the sheriff's face. JMO

 

[*Lash*]

Hi Lash - At the time of the donation campaign, Rudoy was representing the family. IIRC Gaston and Greer took over as attorneys when MZL and her mother filed the WDS.

Unbelievable that it's been 24+ months since Gore and his posse determined Rebecca's death a suicide and yet they continue to refuse to return her phone, computer, etc to her family. Such resistance to comply IMO can only mean one thing: the items hold incriminating evidence that points to murder, and more mud in the sheriff's face. JMO

Thanks Carioca!

You're correct. I forgot the donation campaign, FB and website started when Rudoy and Fleck filed suit against Gore and SDSO. I would assume the attorneys are all working together. I would like to hear from the new attorneys representing the Z family.

Still we haven't heard anything about this suit. It does lead one to believe SDSO is holding incriminating evidence. It is complete nonsense to hold Rebecca's property when her death was ruled a suicide. What other reason could SDSO have to retain Rebecca's personal property?

The suit is also seeking to release evidence that was not included in the file the Z family received back in 2011. Even the AG helped the Z family obtain some info that was not included in the original file. I wish the suit would have detailed what items of evidence were missing. What specifically are they were seeking? It makes me wonder just how much evidence has been withheld. Why withhold evidence if there is nothing to hide?

 

[kittychi]

I researched Judge Whelan a little when the suit was first filed. He is also a Clinton appointee.

I also looked into the two new attorneys representing the family. Rudoy nor Bremner are included in the WDS. I believe Bremner is totally out of the picture and Rudoy is representing the suit against SDSO for additional evidence. What is happening with that suit? When Dina filed her suit for autopsy pictures it didn't take this long for her to receive an answer.

The two new attorneys representing the Zahau's in the WDS -

Frederick Gaston
http://www.gastonandgaston.com/frederick-gaston/

Curtis Greer
http://members.calbar.ca.gov/fal/Member/Detail/135537

How long have they been involved in the case, how passionate are they about justice for Rebecca? I believe because of the donation campaign they're not working pro bono, rather on a continengency basis. This concerns me. They both appear to be good reputable attorneys, but will they draw a line at some point and recommend the Zahau's accept a settlement?

BBM: They can recommend, and in my experience, attorneys usually try that route first. But if the client wants to go to trial, I believe it would go to trial.

I hazard a guess that the attorneys are very busy and for them this is just one of their cases. I don't like to think that way, but busy attorneys who are pressured to produce billable hours are always under the gun.

I know that MZL follows a lot of forums, including this one. Lets hope that she sees this and understands how much support she has to stay focused on justice.

 

[kittychi]

Hi Lash - At the time of the donation campaign, Rudoy was representing the family. IIRC Gaston and Greer took over as attorneys when MZL and her mother filed the WDS.

Unbelievable that it's been 24+ months since Gore and his posse determined Rebecca's death a suicide and yet they continue to refuse to return her phone, computer, etc to her family. Such resistance to comply IMO can only mean one thing: the items hold incriminating evidence that points to murder, and more mud in the sheriff's face. JMO

IMO, the next thing we hear about Rebecca's property is that it has been lost. (OT, sorry): Just like Oscar Pistorius first blood test after he murdered Reeva Steenkamp was lost.

:banghead:

 

[Zinn]

Thanks Carioca!

You're correct. I forgot the donation campaign, FB and website started when Rudoy and Fleck filed suit against Gore and SDSO. I would assume the attorneys are all working together. I would like to hear from the new attorneys representing the Z family.

Still we haven't heard anything about this suit. It does lead one to believe SDSO is holding incriminating evidence. It is complete nonsense to hold Rebecca's property when her death was ruled a suicide. What other reason could SDSO have to retain Rebecca's personal property?

The suit is also seeking to release evidence that was not included in the file the Z family received back in 2011. Even the AG helped the Z family obtain some info that was not included in the original file. I wish the suit would have detailed what items of evidence were missing. What specifically are they were seeking? It makes me wonder just how much evidence has been withheld. Why withhold evidence if there is nothing to hide?

Maybe I was dreaming, but I think I remember reading about some specific pieces of evidence they were seeking, such as numbered photos that appeared to be omitted from a series of photos, and several seconds from AS's 911 call. Can someone with better organizational skills refresh my memory?

All of the above is just my opinion.

 

[K_Z]

Maybe I was dreaming, but I think I remember reading about some specific pieces of evidence they were seeking, such as numbered photos that appeared to be omitted from a series of photos, and several seconds from AS's 911 call. Can someone with better organizational skills refresh my memory?

All of the above is just my opinion.

I'm not sure if the 7 page complaint itself is available. Perhaps someone else knows?

In the seven-page complaint filed with the court, they are seeking release of the original 911 call to police reporting the discovery of Zahau's body, along with knives, computers and other materials found at the scene.

http://coronado.patch.com/groups/ed...-first-degree-murder-ex-prosecutor-2c63d351ea

 

[Zinn]

I'm not sure if the 7 page complaint itself is available. Perhaps someone else knows?



http://coronado.patch.com/groups/ed...-first-degree-murder-ex-prosecutor-2c63d351ea

I just discovered Lash posted that document (the 7 page complaint) a few months ago on the thread entitled "Zahau Family Sues County for Additional Evidence." I bumped the post with the linked PDF.

Thanks again, Lash!

 

[MyBelle]

You're making the very questionable and unproven assumption that Max's parents prepared his meals and snacks for him in advance whenever they left Max with Rebecca. If that were the case, I'd agree. But statistically how true is this for any parents, let alone those that are divorced and residing with other significant others? And what if Rebecca was driving Max to soccerball practice and he was hungry and wanted a snack while in the car and none were provided by Max's biological parents? Should Rebecca just let Max starve?

I don't understand where you even get the idea that Max was ever starved. It is an established fact that Max lived in his parents' homes and I've seen no evidence whatsoever that he wasn't provided food or snacks by his parents at any point. I also doubt his dad placed the breakfast cereal under lock and key when he left his children at home with his girlfriend. I'm also of the opinion if Max was upset by the choices made by RZ on his behalf, he probably vocalized it to members of his family, especially his siblings.

JMO