Evidence revealed during the course of the Wrongful Death action

[K_Z]

An overview of the Early Neutral Evaluation conference process.

http://cand.uscourts.gov/ene

Goals:

The goals of Early Neutral Evaluation (ENE) are to:
enhance direct communication between the parties about their claims and supporting evidence,
provide an assessment of the merits of the case by a neutral expert,
provide a “reality check” for clients and lawyers,
identify and clarify the central issues in dispute,
assist with discovery and motion planning or with an informal exchange of key information, and
facilitate settlement discussions, when requested by the parties.

ENE aims to position the case for early resolution by settlement, dispositive motion or trial. It may serve as a cost-effective substitute for formal discovery and pretrial motions. Although settlement is not the major goal of ENE, the process can lead to settlement.

Confidentiality:

Communications made in connection with an ENE session ordinarily may not be disclosed to the assigned judge or to anyone else not involved in the litigation, unless otherwise agreed.

Preservation of right to trial:

The evaluator has no power to impose settlement and does not attempt to coerce a party to accept any proposed terms. The parties' formal discovery, disclosure and motion practice rights are fully preserved. The confidential evaluation is non-binding and is not shared with the trial judge. The parties may agree to a binding settlement. If no settlement is reached, the case remains on the litigation track.

More detail at link.

 

[bourne]

Since gloves in general come in pairs, your reasoning doesn't really work. My bet is that Rebecca used the gloves when she painted, and more than likely kept them in the ""box of paint supplies" that was taken as evidence. And that would explain why one had low uninterpritable DNA inside.

If Dina, Nina, and/or Adam used the gloves, where is their DNA?

Gloves had "mixed DNA" resulting in "inconclusive" DNA. This means lab could not positively identify any one person's DNA in the gloves which in turn means, they couldn't even identify Rebecca's DNA in the gloves. Significance of this? Well, if Rebecca wore all three gloves as you claim, why isn't her DNA exclusively found in them? What's your explanation? Don't tell me you're going to say she's not a cell shedder given that her DNA was found on select other carefully planted items by her murderers.

 

[bourne]

First settlement conference is going forward on December 9, 2014. Adam granted permission to appear by telephone; his attorney/s must appear in person.



https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 53 Filed 12/04/14 Page 1 of 2, and 2 of 2

I'm glad the case is going forward as scheduled. This way we can get more facts out and depose the defendants. Even without Adam's physical presence, I think his lawyers will be able to articulate (probably better than Adam himself) what occurred that night Rebecca was viciously and brutally murdered.

Only issue I see here is that hopefully this will allow trial to go forward and Adam will be compelled to appear in person and will be heavily cross-examined. I don't believe he will break down in court and spill the beans. As would Nina the arrogant blabbermouth. Dina could become a loose cannon as well, if incensed. Just prod at her ego. That'd be sufficient for a narcissist.

 

[LuckyLucy2]

If she had worn the gloves in the past, yet did not wear them that night (as evidenced by the paint on her hands) the DNA would have deteriorated...thus having uninterritable levels.

If Adam, Dina, or Nina wore the gloves, as the Zahaus claim, where is their DNA???

 

[LuckyLucy2]

An overview of the Early Neutral Evaluation conference process.

http://cand.uscourts.gov/ene

Goals:









More detail at link.

This information just proves to me that the Zahaus are out for money. But I have hopes that the evaluator will see that the Zahaus have no case, and suggest that they quit now. I do not think the Shacknais will settle. Not now, not ever. Not for something they did not do. And I think the Zahaus will end up paying most of the court costs for the Shacknais and Nina Romano.

 

[Ausgirl]

Who leaves gloves lying around on tables LONG enough for the DNA to degrade? Had Rebecca even been with Jonah *long enough* for that to actually even begin to happen? Whose gloves were they? Who wore them last? Why isn't that person's DNA present in clear markers, *really*?

 

[LuckyLucy2]

Who leaves gloves lying around on tables LONG enough for the DNA to degrade? Had Rebecca even been with Jonah *long enough* for that to actually even begin to happen? Whose gloves were they? Who wore them last? Why isn't that person's DNA present in clear markers, *really*?

Uh, who ever said the gloves were lying around on tables? Rebecca had been with Jonah for just under two years, so yes, that is plenty of time to leave DNA that then degraded.

 

[*Lash*]

SDSO 11/2011 press conference. Black gardening gloves were recovered from a table at the scene. Again, low level DNA, uninterpretable.

GRUBB:

I'll run this down for you fairly quickly. Overwhelmingly, in 10 of the 11 rope segments --err -- samples from the rope was Rebecca Zahau’s DNA that was found. In one of those samples there was a fragment of DNA from some other source, absolutely un-interpretable. There was a low level of DNA un-interpretable on the large knife from the bedroom floor. There was a low-level mixture of DNA not interpretable on a doorknob to the balcony. Those are the mixtures that I think she was -- and the black gardening gloves that were recovered from a table at the scene? Again, a low level mixture, un-interpretable.

 

[Ausgirl]

DNA has a 521-year half-life

http://www.nature.com/news/dna-has-a-521-year-half-life-1.11555

Gee, that'd explain all those 50-100 year old cold cases that get solved with DNA *all the time*.

But who knows....... maybe those gloves were lying around on that table for half a century... :no:

 

[bourne]

DNA has a 521-year half-life

http://www.nature.com/news/dna-has-a-521-year-half-life-1.11555

Gee, that'd explain all those 50-100 year old cold cases that get solved with DNA *all the time*.

But who knows....... maybe those gloves were lying around on that table for half a century... :no:

I think you mean more than half a 10 centuries (10*100=1000 years). Half life given for DNA on the site was 521 years, meaning that 100% DNA was available for analysis at 1042 years and then it degraded 50% after 521 years.

 

[bourne]

I'm glad the case is going forward as scheduled. This way we can get more facts out and depose the defendants. Even without Adam's physical presence, I think his lawyers will be able to articulate (probably better than Adam himself) what occurred that night Rebecca was viciously and brutally murdered.

Only issue I see here is that hopefully this will allow trial to go forward and Adam will be compelled to appear in person and will be heavily cross-examined. I don't believe he will break down in court and spill the beans. As would Nina the arrogant blabbermouth. Dina could become a loose cannon as well, if incensed. Just prod at her ego. That'd be sufficient for a narcissist.

*Just want to edit my above post: I DO believe Adam will break down in court and spill the beans.

 

[justice be served]

*Just want to edit my above post: I DO believe Adam will break down in court and spill the beans.

I do not think Adam will. Even if it takes hypnotism/brain washing to have Adam recall something other than the truth, his brother will go to all lengths to squash Rebecca's murder. And I mean ALL LENGTHS.

 

[MaybeNotToday]

I do not think Adam will. Even if it takes hypnotism/brain washing to have Adam recall something other than the truth, his brother will go to all lengths to squash Rebecca's murder. And I mean ALL LENGTHS.

Do you believe JS thinks Dina, Nina and Adam murdered Rebecca? If so, why do you think he would cover for them? Why do you think he wouldn't want justice for his murdered girlfriend? I am honestly curious as to why you think he would go to all lengths (are you implying have someone killed?) to "squash Rebecca's murder"?


Sent from my iPhone using Tapatalk

 

[Ausgirl]

I can think of a couple of reasons:

- protecting Adam for known/suspected involvement
- self-protection (whether direct involvement or not, murder would be still more scandal, very bad for business)

 

[justice be served]

Do you believe JS thinks Dina, Nina and Adam murdered Rebecca? If so, why do you think he would cover for them? Why do you think he wouldn't want justice for his murdered girlfriend? I am honestly curious as to why you think he would go to all lengths (are you implying have someone killed?) to "squash Rebecca's murder"?


Sent from my iPhone using Tapatalk

While I can appreciate a creative interpretation of my statement, I am not suggesting that JS would take another’s life. On the other hand, is this your belief?

I do believe, though, that he would lend his car to facilitate another person’s intentions and rath to hurt Rebecca. Lawyers major in manipulation and I believe DS and NR couldn’t be stopped at that point and the focus was to make her pay for Max’s (accidental) death.

Remember, that at this point in time, Dr. Peterson had stated – in error – that Max perhaps had been smothered. Of course that wasn’t true ultimately and was disproved at his autopsy. But at this point, for all JS knew, Rebecca had hurt Max and emotions were running rampant. So rampant, of course, that a brutal murder then took place. Followed by disrespect of her body, political persuasion to quickly close the case, and a sheriff that only pursued the evidence that supported the suicide finding.

It would be interesting to see if Dr. Peterson will be deposed and the timeline ramifications of his statement. I want to be clear that the good doctor meant no harm I am sure and probably has felt remorse for his words. IMO, those words became a death sentence for Rebecca.

 

[LuckyLucy2]

IMO, the autopsy did not prove that Max was not smothered, and so the doctor's word cannot be disproved, since Rebecca sent the only other witness home, then took her own life, rather than face the questions of the dectective that had been calling her and Child Protective Services.

 

[MaybeNotToday]

I can think of a couple of reasons:

- protecting Adam for known/suspected involvement
- self-protection (whether direct involvement or not, murder would be still more scandal, very bad for business)

I might could see why he'd try to protect his brother from something like the death penalty. But if his brother murdered the woman he loved, I would think JS might be pretty darn mad. Make that double mad if he thinks it was his ex wife and ex sister in law!

And I also could see he would not want to be involved in a scandal. But again, this is about as scandalous as it gets. He might have even come out looking better if it was a murder. He could take on full on victim's rights and sympathies and bypass all the nasty rumor mongering, conspiracy theories and lawsuit stuff.

 

[justice be served]

Edit: forgot to quote - this is to LuckyLucy 2:

So are you saying that you believe that Max was smothered?

 

[MaybeNotToday]

While I can appreciate a creative interpretation of my statement, I am not suggesting that JS would take another’s life. On the other hand, is this your belief?

I do believe, though, that he would lend his car to facilitate another person’s intentions and rath to hurt Rebecca. Lawyers major in manipulation and I believe DS and NR couldn’t be stopped at that point and the focus was to make her pay for Max’s (accidental) death.

Remember, that at this point in time, Dr. Peterson had stated – in error – that Max perhaps had been smothered. Of course that wasn’t true ultimately and was disproved at his autopsy. But at this point, for all JS knew, Rebecca had hurt Max and emotions were running rampant. So rampant, of course, that a brutal murder then took place. Followed by disrespect of her body, political persuasion to quickly close the case, and a sheriff that only pursued the evidence that supported the suicide finding.

It would be interesting to see if Dr. Peterson will be deposed and the timeline ramifications of his statement. I want to be clear that the good doctor meant no harm I am sure and probably has felt remorse for his words. IMO, those words became a death sentence for Rebecca.

I'm sorry. I misunderstood what you meant by "all lengths" in caps. I have seen it theorized he's the murdering type so just going off that.

So you believe that he let the women borrow his car to maybe go rough Rebecca up a bit? Do you believe as the father of Max, if he believed Rebecca did something so heinous to his son, he wouldn't want to handled that himself? Or do you believe he sent them over to kill her? As a lawyer, I'm sure he knows to get both sides of the story before conspiring in a complicated murder that looks like a suicide that looks like a murder.

If I was him, and I truly believed Rebecca smothered my child, and I wanted her dead- I'd just make her disappear. I wouldn't think to send over the ex with her sister to do my dirty work, drag my brother into it and have the scene of all this at my own home.

 

[justice be served]

I'm sorry. I misunderstood what you meant by "all lengths" in caps. I have seen it theorized he's the murdering type so just going off that.

So you believe that he let the women borrow his car to maybe go rough Rebecca up a bit? Do you believe as the father of Max, if he believed Rebecca did something so heinous to his son, he wouldn't want to handled that himself? Or do you believe he sent them over to kill her? As a lawyer, I'm sure he knows to get both sides of the story before conspiring in a complicated murder that looks like a suicide that looks like a murder.

If I was him, and I truly believed Rebecca smothered my child, and I wanted her dead- I'd just make her disappear. I wouldn't think to send over the ex with her sister to do my dirty work, drag my brother into it and have the scene of all this at my own home.

Again, no I don't believe "he sent them over to kill her" to quote you. I do believe that he let nature take its course sadly. Once it was found that Dr. Peterson mis-spoke, I am sure that he had sadness knowing Rebecca was murdered for no reason.