Evidence revealed during the course of the Wrongful Death action

[*Lash*]

Hello :wave:everyone!

For those that missed the link regarding the dismissal of Nina and Dina.

 

[bourne]

snipped, bold by me.

You think fake news was invented just since Trump was elected? The rich and powerful have been getting away with murder since just about forever. This isn't a new thing that came with Trump.

I never said it did. Why are you taking something I wrote out of context to post an irrelevant comment that violates the TOS on WS?

 

[bourne]

Thanks, bourne. That's encouraging news. If this is the case, we should see things moving along now.

Yw. The info I received should be accurate. I sent u Pm.

 

[AZlawyer]

Hello :wave:everyone!

For those that missed the link regarding the dismissal of Nina and Dina.

Thanks! So it looks like the "sanctions" that the judge said would be appropriate were in relation to the Zs failure to (timely? completely? I'm not sure what the issue was) respond to Adam's discovery requests, not in relation to the Zs naming Nina and Dina and later dismissing them from the case, as I think someone had suggested earlier.

 

[watergirl62]

Thanks! So it looks like the "sanctions" that the judge said would be appropriate were in relation to the Zs failure to (timely? completely? I'm not sure what the issue was) respond to Adam's discovery requests, not in relation to the Zs naming Nina and Dina and later dismissing them from the case, as I think someone had suggested earlier.

...or Dina's motion for sanctions against Neil Nalepa, which were denied because NN is a non-party and does not reside in CA. Sanctions must be pursued in CO, not CA. [emoji95]

Sent from my LG-H740 using Tapatalk

 

[*Lash*]

New document ROA 596. Loads of information!!! Plaintiffs plan to drop Nina and Dina. Allege Adam was the sole murderer. Nina's insurance policy limits paid plaintiffs $100,000.

AZlawyer - if you're reading, can you elaborate on why a defendant would pay the plaintiffs if they were being dropped from the WDS? TIA

37-2013-00075418-CU-PO-CTL_ROA-596

Motion - 03-22-17_to_File_3rd_Amended_Complaint


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


Page 3 of 30

INTRODUCTION

Plaintiffs bring this motion to amend the complaint to remove Dina Shacknai and Nina Romano as defendants in the case. This will leave Adam Schacknai as the sole named defendant. The reason Plaintiffs want to amend the complaint at this time because although evidence developed early in the case created a likelihood that Dina Shacknai and Nina Romano were at the scene ofthe homicide, evidence developed in the last six months has persuaded Plaintiffs to believe it is unlikely Dina Shacknia and Nina Romano were involved with Rebecca's murder. Therefore, Plaintiffs seek to amend the complaint to reflect the more fully developed evidence and to have a complaint at trial that is consistent with what Plaintiffs intend to prove, i.e., that Adam Shacknai murdered Rebecca Zahau..

Page 6 of 30

Specifically, Plaintiffs relied upon the statements eye witness Jim Haager made to police and to Plaintiffs' investigator, that he saw Dina Shacknai at the scene on the evening ofthe murder. After years ofattempting to get the actual video surveillance footage from Rady Children's Hospital for the relevant time period, on September 30, 2016, the parties finally received the video. (Greer 4). This confirmed that at certain times the evening of the murder, Dina Shacknai was at the hospital. While this doesn't completely eliminate the possibility that Dina Shacknai was somehow involved, it makes it unlikely that she was at the murder scene. Moreover, the video shows that the clothing she was wearing were different from the clothing that Jim Haager identified on the woman he saw at the murder scene. (Greer 5).

Page 7 of 30

On February 27, 2017, Plaintiffs dismissed Nina Romano from the case. Although Ms. Romano paid her policy limits of $100,000 to Plaintiffs, she denied all liability. (Greer 9). Plaintiffs are currently negotiating terms for dismissal of Dina Shacknai, which will not involve the exchange of any money. (Id.)

Page 7 of 30

With the hospital security video being added to the mix, Plaintiffs had to completely analyze the totality of the evidence. This process resulted in the conclusion that although no evidence completely exonerates Dina Shacknai or Nina Romano, and although there may be sufficient evidence to defeat a summary judgment motion, the evidence does not appear sufficient to establish that it is more likely than not that either Nina Romano or Dina Shacknai were involved in Rebecca's murder. Conversely, Plaintiffs do feel that the evidence is sufficient to establish that Defendant Adam Shacknai assaulted and murdered Rebecca Zahau. Thus, Plaintiffs now seek to amend their pleadings to reflect the state of the evidence, in advance of trial.

Page 17 of 30

GENERAL ALLEGATIONS

14. On or around the early morning ofJuly 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 ofthe balcony causing her to fall and, if she was still alive at that time, to the die by asphyxiation.
(l) removing evidence ofthe 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 wrong doing, painted the following wordson the inside of door near the balcony where REBECCA was left hanging:


SHE SAVED HIM
CAN YOU SAVE HER

 

[AZlawyer]

<snipped>

AZlawyer - if you're reading, can you elaborate on why a defendant would pay the plaintiffs if they were being dropped from the WDS? TIA

<snipped>

Sounds like she was dropped in exchange for the payment.

 

[Imp]

Well, if Nina is the least culpable of the 3 and still paid $100K to the Zahaus to be dropped from the case, this just got a whole lot more interesting.

 

[Waitaminute]

i'm interested in the trade with Dina. the reports say they are working out the terms to drop her, that do NOT include cash. what else? information? some bus throwing?

 

[Augustgurl]

Long time lurker here. I'm saddened at this turn of events. I dont feel this is justice for Rebecca. I think a trio killed her, with 2 especially having the biggest emotional strong gut reaction motive. Sad indeed.
I beleive that JS at one time may have told DS after divorce that RZ "saved" him, thus the sarcastic message. OR it was another sarcastic message alluding to the fact that RZ DIDNT save Max thus the rhetorical answer to 2nd comment "Can you save her" is obvious. NO
Anyway, Ive really enjoyed and appreciated the great comments and info from you posters and i was so happy they were making forward movement to justice for Rebecca and holding those accountable for her death. This recent news blew me away to the degree I had to post. I'm still in shock that DS and NR are off the hook so to speak. What the heck happened? It's like the wheels fell off. Yet, in reading the evidence Greer has ( supposed video of DS at Rady, which i dont believe could be 100% absolving, theres many ways to slip in and out and if anyone wanted to squeeze answers out of RZ, it would be her) it sounds like there just isnt enough there. Are any of you as bummed and stunned as I am?

 

[Imp]

Long time lurker here. I'm saddened at this turn of events. I dont feel this is justice for Rebecca. I think a trio killed her, with 2 especially having the biggest emotional strong gut reaction motive. Sad indeed.
I beleive that JS at one time may have told DS after divorce that RZ "saved" him, thus the sarcastic message. OR it was another sarcastic message alluding to the fact that RZ DIDNT save Max thus the rhetorical answer to 2nd comment "Can you save her" is obvious. NO
Anyway, Ive really enjoyed and appreciated the great comments and info from you posters and i was so happy they were making forward movement to justice for Rebecca and holding those accountable for her death. This recent news blew me away to the degree I had to post. I'm still in shock that DS and NR are off the hook so to speak. What the heck happened? It's like the wheels fell off. Yet, in reading the evidence Greer has ( supposed video of DS at Rady, which i dont believe could be 100% absolving, theres many ways to slip in and out and if anyone wanted to squeeze answers out of RZ, it would be her) it sounds like there just isnt enough there. Are any of you as bummed and stunned as I am?

I was when I first read the latest info, but I've felt all along that from the Zahaus' perspective, this is a search for the truth about who killed Rebecca, and so that person or persons can be held accountable and RZ's name can be cleared. Toward that end, it's possible this has played out as the Zahaus and attorney Greer hoped it would. My hope now is that out of this confusing mess of letting the twins off the hook (more or less) for the actual physical murder, the truth of what happened to Rebecca will be discovered.

 

[LoveAlways7]

I never thought Nina or Dina had anything to do with it. Nina sounds befuddled in her radio phone interview.... "Wha... what could have... what the actual...." Stop being blind. ONE person was the boss and pulled the strings... but considering the deaths that occurred... who would DARE utter the truth???

 

[Betty P]

Given the new information revealed in this suit, it's time for Coronado PD or SDSO to reopen the case.

 

[Imp]

I never thought Nina or Dina had anything to do with it. Nina sounds befuddled in her radio phone interview.... "Wha... what could have... what the actual...." Stop being blind. ONE person was the boss and pulled the strings... but considering the deaths that occurred... who would DARE utter the truth???

Not sure who you think should "stop being blind," however, I think it's blind to have never for one second suspected the twins. The person with the most blatant, obvious hatred of Rebecca, and the person with the most motive to kill her if she thought Max's death wasn't an accident or that RZ was at a minimum negligent, was Dina - not Adam.

Nina was by her own admission at Spreckels the night Rebecca was killed, and her stated purpose for being there was to question RZ about Max's death.

Dina had no alibi until someone quite recently magically uncovered video of her at Rady, which for some reason still doesn't completely alibi her, but good enough, I guess.

Nina has for some reason made a $100K payment to the Zahaus to be dropped from the WDS, and Dina is in negotiations of some kind. So I'd have to say anyone who thought the sisters had nothing to do with anything should "stop being blind."

 

[*Lash*]

ROA 614 Tentative Ruling 04/14/17

CASE NO.: 37-2013-00075418-CU-PO-CTL

CASE TITLE: ESTATE OF REBECCA ZAHAU VS. SHACKNAI

 

[MyBelle]

Not sure who you think should "stop being blind," however, I think it's blind to have never for one second suspected the twins. The person with the most blatant, obvious hatred of Rebecca, and the person with the most motive to kill her if she thought Max's death wasn't an accident or that RZ was at a minimum negligent, was Dina - not Adam.

Nina was by her own admission at Spreckels the night Rebecca was killed, and her stated purpose for being there was to question RZ about Max's death.

Dina had no alibi until someone quite recently magically uncovered video of her at Rady, which for some reason still doesn't completely alibi her, but good enough, I guess.

Nina has for some reason made a $100K payment to the Zahaus to be dropped from the WDS, and Dina is in negotiations of some kind. So I'd have to say anyone who thought the sisters had nothing to do with anything should "stop being blind."

I sure don't agree that the only person who had a motive to kill RZ was Nina. Adam is Jonah's brother, not Dina's.

Nina by her own admission was at Spreckels but she was not there at the time the Plaintiff's witness claimed he saw her nor was she wearing the clothing he described, thus his testimony would not be credible. I think it is quite a leap to believe Nina had a motive to murder RS before Max died. The doctor himself said Max's injuries did not match RZ's statement to police.

As for the $100,000 payment, Nina's insurance company is paying it. Further litigation isn't worth the cost to the insurance company. The Judge slapped the Plaintiff's with sanctions and ordered them to pay Adam's attorneys within 30 days. So, imo if Adam wins, the Plaintiffs could end up paying his more of attorneys fees.

Dina did have an alibi. She was at the bedside of her critically injured son. She sent her twin to ask questions which is a perfectly understandable and rational explanation for their actions. The truth about what happened to Max may never be known but I have never believed his death was from an accident.

 

[SweetT]

I never thought Nina or Dina had anything to do with it. Nina sounds befuddled in her radio phone interview.... "Wha... what could have... what the actual...." Stop being blind. ONE person was the boss and pulled the strings... but considering the deaths that occurred... who would DARE utter the truth???

I also never believed they had anything to do with Rebecca's death and if anyone thinks adam did it, then who in the world would have been in charge of that one? Adam wouldnt have showed up all on his own and done such a thing, he would have had to been asked by his brother IMO. But everyone was so gung ho to blame Dina and call her all sorts of terrible things, GLad she has been vindicated at least IMO. She lost her son and God only knows what happened that day he was injured but I dont believe it was an accident, never have never will. I also have a hard time believing Adam killed anyone, but I dont know a lot about him and his brothers relationship etc

 

[Betty P]

New document ROA 596. Loads of information!!! Plaintiffs plan to drop Nina and Dina. Allege Adam was the sole murderer. Nina's insurance policy limits paid plaintiffs $100,000.

AZlawyer - if you're reading, can you elaborate on why a defendant would pay the plaintiffs if they were being dropped from the WDS? TIA

37-2013-00075418-CU-PO-CTL_ROA-596

Motion - 03-22-17_to_File_3rd_Amended_Complaint


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


Page 3 of 30





Page 6 of 30




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Page 7 of 30




Page 17 of 30

Thanks for the links, Lash! I've been away a while, but it will be interesting to catch up.

So, Nina and Dina agreed to a bargain whereby they would be dropped from the suit in exchange for payment from insurance or possibly testimony against Adam. And now the case moves forward against Adam.

So unusual to see this process move through the civil process when, if the investigation had been properly conducted, it would be moving through criminal courts with plea bargains from the twins.

 

[screecher]

I sure don't agree that the only person who had a motive to kill RZ was Nina. Adam is Jonah's brother, not Dina's.

Nina by her own admission was at Spreckels but she was not there at the time the Plaintiff's witness claimed he saw her nor was she wearing the clothing he described, thus his testimony would not be credible. I think it is quite a leap to believe Nina had a motive to murder RS before Max died. The doctor himself said Max's injuries did not match RZ's statement to police.

As for the $100,000 payment, Nina's insurance company is paying it. Further litigation isn't worth the cost to the insurance company. The Judge slapped the Plaintiff's with sanctions and ordered them to pay Adam's attorneys within 30 days. So, imo if Adam wins, the Plaintiffs could end up paying his more of attorneys fees.

Dina did have an alibi. She was at the bedside of her critically injured son. She sent her twin to ask questions which is a perfectly understandable and rational explanation for their actions. The truth about what happened to Max may never be known but I have never believed his death was from an accident.

Sweet Jesus. I must be freakin dense.

And/or my ability to read, reason and comprehend what I think I'm reading has seriously decompensated.

The above bolded makes no sense to me. I haven't read anywhere the "only person who had a motive to kill RZ was Nina." And yeah, we all know Adam Shacknai is Jonah Shacknai's brother not Dina Romano's.

Just what is your intent by misrepresenting another's post?

Seriously.


Gah.

 

[screecher]

Thanks for the links, Lash! I've been away a while, but it will be interesting to catch up.

So, Nina and Dina agreed to a bargain whereby they would be dropped from the suit in exchange for payment from insurance or possibly testimony against Adam. And now the case moves forward against Adam.

So unusual to see this process move through the civil process when, if the investigation had been properly conducted, it would be moving through criminal courts with plea bargains from the twins.

Agreed. :notgood::sick: