F. While Refusing to Respond to Mr. Shacknai's Discovery, Plaintiffs' Counsel Talks to the Media About Purported Evidence in His Possession.
Significantly, while Plaintiffs' counsel has delayed, promised, and stonewalled Mr. Shacknai's legitimate requests for discovery regarding the evidence in support of Plaintiffs' claims, he has given media interviews to litigate this matter in the press and comment on evidence he claims to have in his possession.
The most recent interview aired on the evening of February 9, 2017. Enns Decl. at ¶ 19. During the interview, Plaintiffs' counsel stated that he has "very strong" evidence that
the Decedent was murdered. Id.
Specifically with respect to the alleged perpetrator, he stated: "It wasn't an absolute novice. You have to have some understanding of knot tying. There are marine
knot characteristics involved and principles which is consistent with Adam being a tugboat captain."
Id.
While he is willing to talk about the existence of this supposed evidence to the media, he is refusing to provide it to Mr. Shacknai. When asked to provide all facts that the allegation that the knots binding the Decedents hands and ankles had "nautical qualities" (SAC ¶ 27), Plaintiffs are
refusing to answer. E.g., Sep. Stmt. at 148-151 (Robert SpRog No. 13). 2
Separately, the news lead in to the interview with Plaintiffs' counsel's stated that "millions of dollars" had been offered to Plaintiffs to settle the case, and that Plaintiffs had rejected this offer. Enns Decl. at if 19. This statement was false, and Plaintiff's counsel later admitted that this statement was not only improper but untrue. Id. Nevertheless, he retweeted the interview on his Twitter page. Id
Plaintiffs' counsel has long been making statements to the media about the purported evidence proving his case, the strength of his case, the procedural posture of the case, and otherwise litigating the matters in controversy in the press. For example, in October 2014, he was quoted by a
media outlet as claiming that he already has come forward with evidence in this case: 'The judge in this case made us really come forward with evidence and show exactly who did what, when they did it and how they did it,' said Greer. 'And we included that in this complaint." Enns Deel. at If 20
(emphasis added).
And in May 2015, it was reported that he "told NBC7 there is now a piece of evidence he thinks could be the key to this mysterious case: an audio recording of investigators interviewing a woman who was near the Spreckels Mansion before Zahau's body was discovered." Id It is unclear why this merited the coverage it received. Four years ago, Plaintiffs' then-counsel was brandishing the exact same information in support of her contention that the Decedent was murdered. Id.
More recently, Plaintiffs' counsel has started "tweeting" about the case. For example, on January 9, 2017, he tweeted "Please help us find other Zahau murder witnesses," implying that his investigation of the claims has revealed at least one witnesses, maybe more. Enns Decl. at ij 21 (emphasis added). Yet he has refused for months to provide Mr. Shacknai with the identities of any
such witnesses. See, e.g., Sep. Stmt. at 8, 10, 16, 19, 32, 38-39, 42-43.
Undoubtedly, there is more of this to come. Indeed, Plaintiffs' counsel has promised as much on his Twitter page: "I will be sharing key events about Rebecca's case as we get closer to trial. Buckle your seat belt." Enns Decl. at I 21. None of these comments are covered by the litigation privilege. 3
For years, Plaintiffs' counsel has been making statements outside this courtroom about this case and the purportedly strong evidence he has. Yet, at the same time, he is refusing to provide any such evidence or, indeed, any meaningful response to discovery requests seeking information about the allegations in the operative complaint.
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