Estate of Rebecca Zahau et al v. Shacknai et al

[Zinn]

Interesting, given the circumstances of this woman's death, before and after. I agree with the poster above that the complaint appears to be written to address the substantial responsibility of the defendants whether Becky's death was EITHER suicide or murder.

I'm also curious as to the distinction of this suit being filed as a FEDERAL complaint. Perhaps this has to do with the harassment and stalking between 2 states, AZ and CA? Or because the plaintiff and named defendants all live in different states? Perhaps I'll ask this on the legal thread.

http://www.cbs8.com/story/22834192/zahau-family-files-federal-wrongful-death-lawsuit

Read more: http://www.ehow.com/facts_6058385_state-court-vs_-federal-court.html#ixzz2ZNCxQMv6

Diversity jurisdiction - Wikipedia, the free encyclopedia

I'm confused. I'm not seeing the part that suggests the defendants were responsible if Rebecca committed suicide. I'm seeing her death referred to clearly as murder. I do see something that says all three defendants are responsible in one way or another for Rebecca's murder, whether through direct physical involvement or withholding knowledge of a plot to murder her. I also see many references to acts *and* omissions, as well as references to concealing evidence after the fact. So it seems to me they are suggesting all three are responsible even if the physical act of murder was accomplished by only one or two of the three defendants (or maybe even someone hired by one or more of the defendants). Can someone direct me to the specific part they believe covers the possibility of suicide?

Also, regarding the damaged property, I would guess this is related to the Zahaus' recent request for evidence and belongings to be revealed/returned. "The amount of said property is unknown at present" leads me to believe the Zahaus were either ignored or told some of the evidence/belongings would not be returned because they were lost or destroyed at some point on or after the day Rebecca died.

All of the above is just my opinion.

 

[*Lash*]

I'm also curious about the section claiming reasonable funeral and burial expenses? I thought Jonah paid for Becky's funeral? Did Jonah pay or did the Zahau's pay part or all of it? Maybe Jonah paid and they want to pay him back?

Page 4 under Damages -

http://www.courthousenews.com/2013/07/16/Zahau Murder Part II.pdf

 

[IQuestion]

It doesn't appear SDSO or tNina's or Adam's phone
Please SDSO, tell me again how much time the 15 investigators put into this investigation?

*LASH* Fabulous and relevant questions, as always. Perhaps the answer is not in 'HOW MUCH TIME" 15 investigators put into the case? But "HOW MUCH EVIDENCE THEY CHOSE TO IGNORE?" It was apparent by noon of the day Rebecca was found and the weirdness continued to grow with each passing hour! Uh, we have a deceased woman, but "we aren't experts in suspicious deaths, and guess we should call in another local LE." Uh, we have a CPS report, but "she hasn't returned my calls." Uh, yeah someone heard screaming, "must have been teens on the beach!" Uh yeah, "And not only did she commit suicide, she just happened to leave a DVD released in 2010 explaining her entire motivation??? AIN'T THAT JUST THE BEES KNEES!Why in the world or worlds, would any investigator think a DVD on a shelf was more important than retrieving potentially valuable information from the deceased's cell phone? (Am I correct in assuming that more than one investigator took time to sit and watch the Korean flick and compare notes? But no genius thought about the timely retrieval of data from her cell phone?) And I'll tell you something that is REALLY, REALLY DISTURBING. The title of the linked article is BOY INTERRUPTED http://www.phoenixmag.com/lifestyle/valley-news/201208/boy--interrupted/
Ironically but BOY INTERRUPTED is also a documentary on HBO about a totally different subject, teen suicide. Does "you know who" have a thing about movies that depict suicide?

 

[K_Z]

I have a close relative who is a government attorney, and regularly participates in federal civil cases. This person schooled me on the implications of the federal filing vs a state filing, procedural differences, etc. First comments were, "I'd get the 50 does dismissed at the first opportunity if I were the opposing counsel." My relative feels that is the weakest part of the filing.

On the plus side for the Zahaus, my relative thinks this will unwind over 2-5 years, and LOTS will come out during discovery and depositions. This attorney feels that the process will be quite unpleasant (!) for the named defendants, as well as prolonged and expensive for them. (I said I was just fine with that, lol!)

This attorney further states that federal court is very precise and predictable, and follows procedural rules MUCH more closely than state court. Overall, this attorney feels the filing in federal court is a procedural advantage for the plaintiffs-- but emphasized that what the advantage is has yet to be uncovered.

 

[STS-135]

In regards to AZlawyer's post on 07/13: "Interesting. Looks to me like they still have no idea what happened--it's a very vague complaint. I assume they hope to figure it all out during discovery (document demands, depositions, etc.)."

I agree. But, as an Attorney, wouldn't you have filed anyway if against an SL deadline? I can't help but wonder about the timing, however. Why wait until the very last day? Were they desperately waiting for more evidence to come their way until they could wait no more? Or were they shrewdly waiting until the SL expired on Max Shacknai's death too? What is your expert opinion?

 

[STS-135]

I mean honestly who would she sue? The person she claimed killed him was murdered IMO. I see it as another attention getting stunt by her to throw off the veil of suspicion in Rebecca's death.

My understanding is that Dina could have sued Rebecca Zahau's Estate in connection with Max Shacknai's death. Possibly the main reason why the lawsuit wasn't filed until the very last day. What I don't know is if she could've also sued XZ. Does anyone know?

 

[*Lash*]

<modsnip>

Hi STS-135 and welcome to Websleuths!

BBM - Just for clarification, XZ is not Rebecca's daughter. They're sisters. This has been a hot button in this case. Some have alleged XZ is really Rebecca's daughter and jealousy was involved as part of a motive to hurt Max. This is simply not true.

 

[bourne]

<modsnip>

XZ was Rebecca's younger, 13-year-old teenage SISTER.

NOTE: WS TOS says posters are not allowed to sleuth children under 18, and if you do need to refer to them, use their initials only.

 

[bourne]

I'm also curious about the section claiming reasonable funeral and burial expenses? I thought Jonah paid for Becky's funeral? Did Jonah pay or did the Zahau's pay part or all of it? Maybe Jonah paid and they want to pay him back?

Page 4 under Damages -

http://www.courthousenews.com/2013/07/16/Zahau Murder Part II.pdf

I'm thinking after the exhumation and Dr. Wecht's second autopsy, the family had to re-bury Zahau so that may be the "burial expenses" part. As to the "funeral expenses", that may be everything else that JS did not pay for (flowers, etc.).

 

[*Lash*]

I have a close relative who is a government attorney, and regularly participates in federal civil cases. This person schooled me on the implications of the federal filing vs a state filing, procedural differences, etc. First comments were, "I'd get the 50 does dismissed at the first opportunity if I were the opposing counsel." My relative feels that is the weakest part of the filing.

On the plus side for the Zahaus, my relative thinks this will unwind over 2-5 years, and LOTS will come out during discovery and depositions. This attorney feels that the process will be quite unpleasant (!) for the named defendants, as well as prolonged and expensive for them. (I said I was just fine with that, lol!)

This attorney further states that federal court is very precise and predictable, and follows procedural rules MUCH more closely than state court. Overall, this attorney feels the filing in federal court is a procedural advantage for the plaintiffs-- but emphasized that what the advantage is has yet to be uncovered.

BBM - I strongly believe the folks here at WS and elsewhere who believe Rebecca was murdered will ride the 2-5 year rollercoaster sitting proudly and steadfast behind the Zahau's. The Zahau's have many supporters here and elsewhere to help them through what may be a treacherous ride.

:rollercoaster:

Justice for Rebecca!

 

[bourne]

*LASH* Fabulous and relevant questions, as always. Perhaps the answer is not in 'HOW MUCH TIME" 15 investigators put into the case? But "HOW MUCH EVIDENCE THEY CHOSE TO IGNORE?" It was apparent by noon of the day Rebecca was found and the weirdness continued to grow with each passing hour! Uh, we have a deceased woman, but "we aren't experts in suspicious deaths, and guess we should call in another local LE." Uh, we have a CPS report, but "she hasn't returned my calls." Uh, yeah someone heard screaming, "must have been teens on the beach!" Uh yeah, "And not only did she commit suicide, she just happened to leave a DVD released in 2010 explaining her entire motivation??? AIN'T THAT JUST THE BEES KNEES!Why in the world or worlds, would any investigator think a DVD on a shelf was more important than retrieving potentially valuable information from the deceased's cell phone? (Am I correct in assuming that more than one investigator took time to sit and watch the Korean flick and compare notes? But no genius thought about the timely retrieval of data from her cell phone?) And I'll tell you something that is REALLY, REALLY DISTURBING. The title of the linked article is BOY INTERRUPTED http://www.phoenixmag.com/lifestyle/valley-news/201208/boy--interrupted/
Ironically but BOY INTERRUPTED is also a documentary on HBO about a totally different subject, teen suicide. Does "you know who" have a thing about movies that depict suicide?

You hit the nail on the head! The "Housemaid" video likely was purchased by someone mentally disturbed like DS who, in her bitterness over losing JS to Rebecca, liked to entertain thoughts of Asian women committing suicide. I think DS planted the video at the mansion for further staging of the murder to look like suicide. I hope the Zahau investigators traced the video purchase to its buyer and use the purchase as court evidence of the defendants' premeditation to murder Rebecca and deliberate manipulation of crime scene to obfuscate the truth.

 

[LoveAlways7]

I always thought that you had to be appointed Personal Representative or Executrix of an Estate by a Judge.

I guess that is not true????

Unless it just isn't online yet, I see no Probate Case in Maricopa County

 

[2Hip2BSquare]

I always thought that you had to be appointed Personal Representative or Executrix of an Estate by a Judge.

I guess that is not true????

Unless it just isn't online yet, I see no Probate Case in Maricopa County

Power of Attorney?

I think you're On to something here.

 

[2Hip2BSquare]

You hit the nail on the head! The "Housemaid" video likely was purchased by someone mentally disturbed like DS who, in her bitterness over losing JS to Rebecca, liked to entertain thoughts of Asian women committing suicide. I think DS planted the video at the mansion for further staging of the murder to look like suicide. I hope the Zahau investigators traced the video purchase to its buyer and use the purchase as court evidence of the defendants' premeditation to murder Rebecca and deliberate manipulation of crime scene to obfuscate the truth.

I think this is a great point, if he indeed did derive pleasure from fantasizing about Asian females committing suicide.

In CA it is well known that the suicide rate among Asian females (and males) is alarmingly high, as is around the entire USA. I fear this played 2 roles in Zahau's murder.

1. This might explain why he chose to live where he lived and target Zahau as a victim.

2. This might explain why it seems that local LE neglected to recognize her death as a potential homicide and ruled it a suicide.

Both are very unfortunate.

 

[STS-135]

You hit the nail on the head! The "Housemaid" video likely was purchased by someone mentally disturbed like DS who, in her bitterness over losing JS to Rebecca, liked to entertain thoughts of Asian women committing suicide. I think DS planted the video at the mansion for further staging of the murder to look like suicide. I hope the Zahau investigators traced the video purchase to its buyer and use the purchase as court evidence of the defendants' premeditation to murder Rebecca and deliberate manipulation of crime scene to obfuscate the truth.

Is the phrase "She saved him can you save her", or words to that effect, used in the film? Thanks!

 

[STS-135]

You hit the nail on the head! The "Housemaid" video likely was purchased by someone mentally disturbed like DS who, in her bitterness over losing JS to Rebecca, liked to entertain thoughts of Asian women committing suicide. I think DS planted the video at the mansion for further staging of the murder to look like suicide. I hope the Zahau investigators traced the video purchase to its buyer and use the purchase as court evidence of the defendants' premeditation to murder Rebecca and deliberate manipulation of crime scene to obfuscate the truth.

Hmmm... Would LE be able to justify a warrant for credit card transactions in the weeks prior? It could also help explain where the rope came from because it doesn't look like it has been exposed to salt water and the elements much. Although I suppose it's possible that it could've been in the garage - or someone else's home - for years.

 

[Betty P]

Hmmm... Would LE be able to justify a warrant for credit card transactions in the weeks prior? It could also help explain where the rope came from because it doesn't look like it has been exposed to salt water and the elements much. Although I suppose it's possible that it could've been in the garage - or someone else's home - for years.

The rope has always been a big question mark for me as well.

 

[bourne]

Is the phrase "She saved him can you save her", or words to that effect, used in the film? Thanks!

Not that I'm aware. I watched it once with some friends. There were no painted messages in the version we saw.

 

[bourne]

Hmmm... Would LE be able to justify a warrant for credit card transactions in the weeks prior? It could also help explain where the rope came from because it doesn't look like it has been exposed to salt water and the elements much. Although I suppose it's possible that it could've been in the garage - or someone else's home - for years.

You'd think, right? lol But LE quickly decided it was a suicide and didn't pursue any investigative leads, at all. As Lash had stated, the only thing that LE seemed to have done was sit on their hands for about a month plus until their press conference on the case, and finally decided to ask Rebecca's cellphone service provider if they still had the voicemail saved in their database, to which the provider said, basically, "No. It's been OVER a month. We only keep voicemails and texts for about two weeks to a month."

 

[time]

Would this count as Dina already protecting herself, property is in a trust (January 2013)?