Evidence revealed during the course of the Wrongful Death action

[SweetT]

Thanks for that update. It appears things are still moving along. This case is really dragging along though. I suppose that's what expensive legal representation does for you when you're the defendant.

Well, that is possibly true to some extent. In my family my stepdaughter was molested by her mother's boyfriend..at 13, he dragged this case out till she was 18. Talk about a jerk! Long story..anyways I havent been on here much lately have a lot going on in my real life but check in for updates every now and then.

 

[SophieRose]

If you live in California, you know it's overburdened California courts.

An article from 2013 on San Diego courts.

https://s3.amazonaws.com/membercent...San%20Diego06%2E25%2E13Stateof%20Courts%2Epdf

Going by the Bar Association’s report, Lobel may have understated just how bad the civil court system has become in San Diego and elsewhere in California. Here are just a few of the claims made in the report:
• 46 courthouses in 18 California counties have been closed.
• The fiscal year 2012-13 budget calls for closing 20 courtrooms in San Diego County by June 2013, reducing the number of trial courtrooms in the county by 13 percent.
• All civil business offices in the East County, and South County have been consolidated into the Central Division downtown.
• In fiscal year 2012-13, the county’s court workforce was reduced by 170 full-time positions, and remaining staff take a whopping 24 unpaid furlough days a year.

 

[*Lash*]

Just guessing, but Neil wasn't there and hadn't had recent contact with RZ. Wasn't the request to depose him just another tactic from Dina? I can't imagine what he could contribute to the WDS.

It is/was Dina's defense team requesting to depose Neil. Matthew is part of her legal team. Imo, yes it was another tactic. Maybe Dina's defense team is beginning to put a cap on their expenses?

 

[*Lash*]

New entry on the San Diego Superior Court ROA -- no document available for purchase. Nothing available to tell us who requested the Ex Parte.

• 5/17/2016 - Ex Parte scheduled for 06/08/2016 at 08:45:00 AM at Central in C-69 Katherine Bacal.

Case Number: 37-2013-00075418-CU-PO-CTL

https://roa.sdcourt.ca.gov/roa/

 

[LuckyLucy2]

The Motion to Compel Discovery ROA #437 includes our first look at some of the actual investigative files, the ones that rightly concluded Rebecca Zahau committed suicide.

We learn:

- A very through investigation was conducted, and began with the first officers on the scene.

- A book on witchcraft was found in Rebecca's room, containing many drawings and instructions on knots and tying. It recommends using red rope.

- Rebecca had run out on a rich boyfriend she was living with in Glendale while married to Neil. (He was in his 50's, she was in her 20's) She left in the morning for work, was fine, then called him 5 minutes later crying and upset. She never returned. He had to file a Missing Persons report on her. This is a great example of how Rebecca ran from facing up to the truth, a pattern that ended with a suicide instead of answering questions from Child Protective Services. She had also lied to the boyfriend, telling him she had divorced Neil.

- Rebecca was sexually abused as a child from the age of 8 -16 when she lived in Nepal, along with her two sisters.

- Mary Zahau lied to investigators when they asked her just days after Rebecca's death if there was anything about Rebecca's past that they needed to know. Abuse? Mary lied and told them no.

- We learn the name of the Child Protective Services officer assigned to investigate Rebecca.

- Adam Shacknai was grilled by police all day, his boots were taken, fingerprints, DNA, he had no defense wounds whatsoever. No scratches, no bruises, nothing. He was more than cooperative and there was no possibility he was under the influence of Ambian.


https://roa.sdcourt.ca.gov/roa/face..._Motion_to_Compel_Discovery_1476690341306.pdf

 

[Betty P]

The Motion to Compel Discovery ROA #437 includes our first look at some of the actual investigative files, the ones that rightly concluded Rebecca Zahau committed suicide.

We learn:

- A very through investigation was conducted, and began with the first officers on the scene.

- A book on witchcraft was found in Rebecca's room, containing many drawings and instructions on knots and tying. It recommends using red rope.

- Rebecca had run out on a rich boyfriend she was living with in Glendale while married to Neil. (He was in his 50's, she was in her 20's) She left in the morning for work, was fine, then called him 5 minutes later crying and upset. She never returned. He had to file a Missing Persons report on her. This is a great example of how Rebecca ran from facing up to the truth, a pattern that ended with a suicide instead of answering questions from Child Protective Services. She had also lied to the boyfriend, telling him she had divorced Neil.

- Rebecca was sexually abused as a child from the age of 8 -16 when she lived in Nepal, along with her two sisters.

- Mary Zahau lied to investigators when they asked her just days after Rebecca's death if there was anything about Rebecca's past that they needed to know. Abuse? Mary lied and told them no.

- We learn the name of the Child Protective Services officer assigned to investigate Rebecca.

- Adam Shacknai was grilled by police all day, his boots were taken, fingerprints, DNA, he had no defense wounds whatsoever. No scratches, no bruises, nothing. He was more than cooperative and there was no possibility he was under the influence of Ambian.


https://roa.sdcourt.ca.gov/roa/face..._Motion_to_Compel_Discovery_1476690341306.pdf

Sorry, but there's no drama involved in RZ leaving a relationship in which she was unhappy. Some would think it rather creepy that the man she left went so far as to file a "missing persons" report. Kind of stalker-ish and controlling.

Also interesting to note that Max had sustained a head injury at home with Dina a week or so before his Spreckels accident. He never received medical attention for it. I wonder if it was still bothering him or could have contributed to his later accident?

Interesting to note that when SDSO officers were grilling NN five days after RZ's death, they told him that RZ had to have committed suicide and that Adam had passed his poly (he hadn't). The SDSO officers were putting a lot of pressure on NN to say that RZ committed suicide, only 5 days after her death and before the investigation was even close to being completed. NN stuck with his belief that RZ would not commit suicide. They had been through many ups and downs in their own marriage. He said she wasn't a person to get down in the dumps or depressed.

Also noteworthy, a friend of the family stated that the table outside under the balcony had a broken leg for some time.

Lucy, can you provide something more substantive about Mary "lying" to LE? TIA

 

[bourne]

Hi Betty P,I didn't know little Max had injured his head the week before his traumatic accident and subsequent death! That is definitely newsworthy in the scheme of things...It suggests to me that perhaps Max had been playing about (with scooter or soccer ball, etc.) in Dina's home and he fell on his head? That maybe this head trauma predisposed him to go into more serious, clinically unconscious state when he later fell in Spreckels mansion? Or maybe the bruises and blunt force trauma Dina alleged in her specious "expert report" was caused from Rebecca and her teen sister using a scooter on his back was actually from Dina having physically struck Max on his back the week before in her own home?Do you have more info regarding his injury the week before he was killed? I'd like to review that evidence.TIA

 

[*Lash*]

I wonder why the book of "witchcraft" was NOT taken in as evidence? It is not listed in search warrant 41227 showing the list of items seized as evidence. Was the book ever processed for fingerprints? Below it states the book was found on the top shelf of a bookcase. It was not laying on the bed, floor, etc... as if Rebecca had just used it to design her suicide. It seems odd after allegedly getting suicide tips Rebecca would put the book back on the shelf. Who owned the book? The book could have belonged to anyone who ever lived in that house. Without further evidence, such as fingerprints, there is nothing to prove Rebecca knew the book existed or even touched it.

"I searched the 2nd level guest room after it had been processed for evidence. There was paperwork on top of the desk and in a box on the floor related to Rebecca’s personal matters. It appeared this room served as Rebecca’s office as well as a guest room. I also located a book on the top shelf of the bookshelf on the west wall of the room entitled “ Buckland’s Complete Book of Witchcraft.” Tire book contained hand drawn photos of subjects bound in different positions."

Page 47/48

 

[LuckyLucy2]

BettyP, there is plenty of drama involved in Rebecca being reported as a Missing Person. She was not having trouble in the relationship. Mr Berger said everything was fine when she left for work. Five minutes later she called him crying and upset, but was still going to work. So that night, he is waiting for her to come home, and she never arrives. He calls her work the next day and she had not shown up. Of course, he gets worried. No stalking, BettyP, just a man concerned about his girlfriend. Did she meet with foul play? Did she commit suicide? She finally answers her phone a couple of days later and trys to make it sound like she had been kidnapped. When she learns a Missing Persons report has been filed, she finally goes in to the Glendale Police Department.

We see a pattern here, and as Bourne has so many, many, many times said, "Past behavior predicts future behavior". She ran away and could not even face the boyfriend to tell him she was going back to Neil (because she had found out Neil had a girlfriend as was jealous), like a mature and together person would do. A normal woman would have gone home that night, talked with the boyfriend, then pack up things and go.

We also see how much Rebecca lied. She lied to the boyfriend, and told him she was divorced. She wasn't. She also lied to the police and said she had gone to work that day, when she did not. We see she was very jealous. She had cheated on poor Neil since they were married and almost as soon as she arrived in the US). Neil said she had "learned what men liked to get things".
Why Neil ever put up with the hell she put him through is beyond me.

BTW, Mary knew nothing about any of this. Rebecca tried to seem perfect to her family, but underneath, she was a very messed up woman,

We also find out Neil's mother worked for Medicis. Rebecca knew all about Jonah and his money long before she met him, and IMO, she calculated and schemed about how she could hook him. Rebecca was all about the $$$$. Just like Mary.

 

[*Lash*]

We also learn from Jonah's caretaker CN, the table Adam told the officers he used to reach Rebecca to cut her down and been broken for a very long time. Another detail shared by CN, an altercation between Rebecca and Dina at Max's school when during the altercation Dina lunged at Rebecca.

"Adam told the officers he moved a wooden table so he could reach her and cut her down."

Page 44

"On August 2011 at about 1118 hours I contacted C Niles via telephone Niles said Rebecca called her on Monday July 11 2011) afternoon and told her about Max’ accident Rebecca also asked her for referrals because she needed someone to watch the dog for the next couple of days. She gave Rebecca the name of a friend but Rebecca never called that person. She and Rebecca didn't talk much but Rebecca did tell her about problems with Dina Rebecca and Dina were both at Max's school in Arizona and there was some type of altercation between them She doesn't believe it was physical altercation but Rebecca did say Dina lunged at her (Rebecca) Even so Rebecca did not express any fear of Dina. The only other thing she wanted to add was the table in the rear courtyard with the broken leg has been in that condition for a very long time."

Page 50

 

[LuckyLucy2]

I wonder why the book of "witchcraft" was NOT taken in as evidence? It is not listed in search warrant 41227 showing the list of items seized as evidence. Was the book ever processed for fingerprints? Below it states the book was found on the top shelf of a bookcase. It was not laying on the bed, floor, etc... as if Rebecca had just used it to design her suicide. It seems odd after allegedly getting suicide tips Rebecca would put the book back on the shelf. Who owned the book? The book could have belonged to anyone who ever lived in that house. Without further evidence, such as fingerprints, there is nothing to prove Rebecca knew the book existed or even touched it.Page 47/48

As you know, there were over 130 items taken into evidence, and we only know of what was taked from the very first search warrant - before any detective even entered the house. The book on Witchcraft would have been in a search warant issued after those that we have seen.

It was certainly Rebecca's. Red Rope and diagrams of how to tie yourself up. It was in her room. And Jonah could have confirmed whose it was. We don't know if they tried to lift prints from it or not since we have not seen the entire case file. The book was Rebecca's, and she certainly used it to learn to tie herself up.

 

[*Lash*]

It does not appear the forensic unit took a blood sample from Adam. Without Adam's blood to process and examine it is difficult to deduce Adam was NOT under the influence. Under the influence of any thing, not just the Ambien. In my opinion, not taking a sample of blood from Adam is a crucial piece of lost evidence. Another misstep in the investigation.

"At approximately 1240 hours, (FET) Williams arrived and she processed Shacknai (FET)Williams collected photographs, hair samples, fingernail scrapings and oral reference swabs. She completed the processing at approximately 1258 hours."

Page 55

"Latent Fingerprint Examiner Wright arrived approximately hours (FET) Karim at approximately hours. (FET) Karim obtained Adam’s shoes as evidence and Latent Fingerprint Examiner Wright obtained major case prints from Shacknai. They completed at approximately 2200 hours. See (FET) Karim’s and Fingerprint Examiner Wright's reports for details."

Page 56

 

[LuckyLucy2]

We also learn from Jonah's caretaker CN, the table Adam told the officers he used to reach Rebecca to cut her down and been broken for a very long time. Another detail shared by CN, an altercation between Rebecca and Dina at Max's school when during the altercation Dina lunged at Rebecca.Page 44Page 50

That is what CN said Rebecca told her. And right after Max's fall. Why would she call Carolyn to complain about Dina right after Max's fall when he is on life support in the ICU?

As much as we are finding out about how often Rebbecca lied I don't believe anythingshe said about Dina.

Note that Carolyn said Rebecca was not afraid of Dina. No, it seems she just called Carolyn to trash a mother whose little boy was fatally injured under her care. That is really messed up.

 

[LuckyLucy2]

It does not appear the forensic unit took a blood sample from Adam. Without Adam's blood to process and examine it is difficult to deduce Adam was NOT under the influence. Under the influence of any thing, not just the Ambien. In my opinion, not taking a sample of blood from Adam is a crucial piece of lost evidence. Another misstep in the investigation. Page 55Page 56

Seasoned detectves know when someone is on something. It was clear to them Adam was not drugged up.

 

[*Lash*]

From doc 437, Max while at Dina's house hit his head and suffered an unknown head injury 2 weeks prior to the accident in Coronado. He was never seen or treated by medical personnel. Where was Dina at the time Max hit his head? Was Dina in the bathroom like Rebecca? Should Jonah have called CPS? Did Dina not seek medical attention for Max because she did not want to involve CPS? A lot of assumptions could be made of this new detail. Some of the same assumptions that were spewed about Rebecca and caring for Max. In my opinion, just proof accidents happen with children all the time.

"On July 26 2011 at about 0900 hours Detective Adkins and I contacted Jonah at his residence in Paradise Valley Arizona He recently found out the caretaker for his Coronado home C Niles, had spoken to Rebecca a couple days before Rebecca was found deceased. He provided phone number for CN *advertiser censored*-*advertiser censored*-xxxx. He also advised they don’t use the landline phone at the residence but provided the number *advertiser censored*-*advertiser censored*-*advertiser censored*. Additionally he said Max suffered an unknown type of head injury about two weeks prior to his accident in Coronado. Max was at Dina’ house and hit his head but he was never seen or treated by medical personnel for the injury."

Page 50

 

[LuckyLucy2]

It does not appear the forensic unit took a blood sample from Adam. Without Adam's blood to process and examine it is difficult to deduce Adam was NOT under the influence. Under the influence of any thing, not just the Ambien. In my opinion, not taking a sample of blood from Adam is a crucial piece of lost evidence. Another misstep in the investigation. Page 55Page 56

Seasoned detectves know when someone is on something. It was clear to them Adam was not drugged up. But again, we don't know they did not take his blood later, just that it is not in this report.

 

[LuckyLucy2]

Max got a bump on the head at this Mother's house that required no medical care and did not reder Max unconscious - much like the four tiny bruises found on Rebcca's head by Medical Examiner Lucas.

A bump on the head is normal childhood injury. What happened under Rebecca's watch? Not so much.



But we don't know who that information is from. If it was Rebecca, it is probably not true anyway.

 

[bourne]

From doc 437, Max while at Dina's house hit his head and suffered an unknown head injury 2 weeks prior to the accident in Coronado. He was never seen or treated by medical personnel. Where was Dina at the time Max hit his head? Was Dina in the bathroom like Rebecca? Should Jonah have called CPS? Did Dina not seek medical attention for Max because she did not want to involve CPS? A lot of assumptions could be made of this new detail. Some of the same assumptions that were spewed about Rebecca and caring for Max. In my opinion, just proof accidents happen with children all the time. Page 50

Wow. So there's a good possibility that Max was severely injured at Dina's home two weeks with serious head trauma!If it was nothing, why would CN make a note of it to inform the police?I wonder what actually transpired? Was Max playing in the house when he sustained the blows to his head? Was Dina furious about Max playing in the house and assaulted him? This could very well be the smoking gun needed on why Dina was so certain Max was struck in his back and head multiple times. Looks like Dina has a predilection for lunging at people's necks and striking people in the head and back. Could very well be why Rebecca was hung with a noose around her neck, why there were manual strangulation ligature marks around Rebecca's neck, and why Rebecca was found with four contusions to the top of her head by an ME.This is extraordinary news! OMG

 

[LuckyLucy2]

Neil spoke with Rebecca two weeks before her suicide, and she told him she was going home for a visit because her mother "banged her head in".

Two weeks before - the same time she claims Max got a bump at Dina's. Sure are a lot of head bumps going on around RZ.

She did not go home for a visit - was the story about her mother's injury also a lie?

 

[LuckyLucy2]

Jonah Shaknai told detectives he was booked to fly to Scottsdale for a business meeting Monday night and return on Wednesday night. Was Rebecca jealous of someone at Medicis? Jonah was certainly not faithful to Rebecca, as we learned from the Medicis lawsuit recently settled.

Did Rebecca know Jonah was seeing someone else? Is that why Max had an "accident" that morning? After the way she acted and ran away from her boyfriend with no word after finding out Neil had a girlfriend proves how jealous she was. And she did not even care one bit about poor Neil.

Can you imagine her rage if she found out her multi-millionaire prize was cheating?

I think we are seeing the reason why Max was injured that morning.