Rebecca Zahau Wrongful death trial begins. Trial coverage and discussion #3

[justice be served]

I think it would be really interesting to know what genre AS writes and also reads.

These are my notes from my day at trial on this subject (not really exact quotes):

In answer to the kind of writing he does: It's a hobby of writing; some short stories with a comic flare to all.

When asked for an example, he responded: I want to save my stories for copyright.

He added: They are life affirming stories - I jot down ideas for plays.

Do you write fiction: No.

 

[justice be served]

snipped
I don’t find Adam to be a liar at all.

BBM. It may be if you were in the courtroom you would feel differently. Perhaps you were - but I got a different sense from him just by being there.

 

[MyBelle]

Things are winding down and it puts me a little on pins and needles. I can't express how disappointed I am that the defense pulled a fast one and removed the ME and police technicians from the defense list. I think that screams that they are continuing the cover up and they are going to do everything in their power to keep this case from being reopened. I agree with other that think they are also worried Max's case would be brought back into the forefront and reopened.

I really thought they would have been called by Greer anyway, but I'm not a lawyer. I can't get past the part of the throat going poof in a suspicious death and him not having to answer for it. I can't get past the fact that she was left to the elements, allowing DNA degradation, without any protection whatsoever. I can't get past the ignored potential evidence and the bias that I think the ME had going in to the autopsy. Why didn't Greer subpoena the ME or other LE? Did he run out of time and money (which would be tragic!). Or, is it just not allowed?

Imo, there are so many glaring omissions and contradictions that I don't understand how a jury could even come to the conclusion of suicide.

What is keeping me sane is that I still have hope for justice. I didn't get to hear Greer's questioning of the defense witnesses, but from what others have shared (and a big thank you to you guys!), it seems he did a great job highlighting what I think are lies and holes in the defense case.

As to why we all admire Greer? Imo, that is just a silly question. He is being righteous trying to help a family find justice for their loved ones. Doing it pro bono and without hesitation, regardless of the big money machine he is up against. Even if if you don't agree with the idea of murder, do you not admire that?

Imo, it is obvious we've had some LE and some of the defense team posting and reading. I guess they can anticipate what closing arguments will be. I hope they are nervous. I think they should be.

Perhaps there are LE and some of the defense team posting here although I'm not sure why they would because they know more than any of us do. The jury isn't allowed to read what is written anywhere and I believe they and the Judge are the only audience the defense cares about right now.

 

[justice be served]

RSBM



Wow. This really bothers me. Is he really testifying that he knows that her supposed mental state caused her to commit suicide? If she had been shot four times from long range, would he still say it was a suicide? I don't think he's testifying about her mental state, I think this psychologist is actually and improperly opining on the physical evidence, not her mental state. Unbelievable. I'm sorry, imo this is complete malarky. Horrible.

Think about it though. The defense has so little at all to defend their client that they are picking through the remnants of their case from the bottom of the barrel.

Pulling the ME last minute probably did two things: It closed the door on Greer's ability to force some ugly facts from the defense and, secondly, it has managed to, at least temporarily, slam the door on their negligence and lack of ethical and professional management of the case.

 

[Verboten]

Perhaps there are LE and some of the defense team posting here although I'm not sure why they would because they know more than any of us do. The jury isn't allowed to read what is written anywhere and I believe they and the Judge are the only audience the defense cares about right now.

Nope. They are still attempting to battle in the court of public opinion, as well. It's a war on many fronts, as it always has been. It's also obsurdly obvious. MOO

 

[stmarysmead]

BBM. It may be if you were in the courtroom you would feel differently. Perhaps you were - but I got a different sense from him just by being there.

I agree that you have more authority to address the subject since you were in court...and no, I wasn’t there. I’m just relating to n incident in my own emotional life.

And I am not anything but an interested poster. You can check. I’ve just spent months...maybe years...very emotionally involved with the Jason Corbett case. So...I’m just...me.

The Zahau family has lost a loved one. I am truly sorry for them. But I could not find Adam responsible for RZ’s wrongful death. I have been reading that many of you feel Mr Greer did a fabulous job and it’s a slam dunk...so perhaps my opinion is not representative of the jurors opinions.

But that is how I would vote if I were impaneled on that jury tonight.

 

[MyBelle]

I can’t draw that conclusion. Just as everyone grieves differently, humans can react to horror differently as well. Coming into that courtyard and seeing a woman he knew hanging...I would definitely have said “suicide” because that’s how hanging computes in my mind. But I don’t know if I could account for what I did...or when I did it...with stellar accuracy.

My daughter was in NYC on 9-11. I did not know where in the city she was. She was starting a new job that day...somewhere. Friends and family were calling...information was being shared. I was terrified. In retelling the experience of that morning...some friends and family can’t agree to this day on the strangest details...like who called who...or what building had collapsed when I finally got word she was alright. A friend whose daughter was in DC swears she spoke with me...but I don’t remember.

I don’t find Adam to be a liar at all.

I don't find Adam to be a liar. He's been under this cloud of suspicion for many years now and been accused of rape and murder yet there has never been a believable motive.

What I would like to see happen is the reopening of the investigation into Max's injuries.

 

[stmarysmead]

Think about it though. The defense has so little at all to defend their client that they are picking through the remnants of their case from the bottom of the barrel.

Pulling the ME last minute probably did two things: It closed the door on Greer's ability to force some ugly facts from the defense and, secondly, it has managed to, at least temporarily, slam the door on their negligence and lack of ethical and professional management of the case.

Can Greer call him in rebuttal? Or is there no rebuttal in civil trials?

 

[Lilibet]

I've seen no proof AS lied nor have I seen any forensic evidence that places him or anyone other than RZ inside the house's crime scene or on the balcony. JMO

With all due respect, when someone changes their story, one of the stories is a lie. AS has done that, as has been detailed here during the trial.

The jury and I have seen no forensic evidence that places RZ on the balcony of her own free will, let alone proves that she went over the balcony on her own. We only have AS’s word for it that she was hanging and he cut her down, so that’s in doubt too since his DNA is missing from the rope (was he wearing gloves that morning?). Even if you are right that there is no forensic evidence placing AS at the crime scene, circumstantial evidence is enough to convict someone of murder (Scott Peterson), so I would think it would be enough in a civil case that is determining suicide or murder.

The jury has seen the evidence. We will see if they believe a preponderance of evidence implicates AS in RZ’s murder.
JMO

 

[clearskies1]

Think about it though. The defense has so little at all to defend their client that they are picking through the remnants of their case from the bottom of the barrel.

Pulling the ME last minute probably did two things: It closed the door on Greer's ability to force some ugly facts from the defense and, secondly, it has managed to, at least temporarily, slam the door on their negligence and lack of ethical and professional management of the case.

I'm surprised the judge allowed that testimony because it does not seem scientific at all. That's why it bothers me. Hopefully, Greer was able to point this out on cross-exam.

 

[clearskies1]

Can Greer call him in rebuttal? Or is there no rebuttal in civil trials?

Rebuttal cases are allowed in civil trials, but the scope is limited -- you can only put on witnesses to specifically rebut a point made by the other side. Here, I don't think the ME would rebut anything the defense presented.

 

[MyBelle]

With all due respect, when someone changes their story, one of the stories is a lie. AS has done that, as has been detailed here during the trial.

The jury and I have seen no forensic evidence that places RZ on the balcony of her own free will, let alone proves that she went over the balcony on her own. We only have AS’s word for it that she was hanging and he cut her down, so that’s in doubt too since his DNA is missing from the rope (was he wearing gloves that morning?). Even if you are right that there is no forensic evidence placing AS at the crime scene, circumstantial evidence is enough to convict someone of murder (Scott Peterson), so I would think it would be enough in a civil case that is determining suicide or murder.

The jury has seen the evidence. We will see if they believe a preponderance of evidence implicates AS in RZ’s murder.
JMO

The jury has also heard the testimony of the LE who observed and documented that the only prints on the dusty balcony belonged to the bare feet of RZ and the shoe of the LE. None of AS' DNA found anywhere inside the house. This is circumstantial evidence that supports AS' innocence, not his guilt.

The jury have seen the autopsy report and heard the testimony from three expert witnesses in addition to LE that concluded RZ was a suicide by hanging. None of three found any evidence whatsoever of sexual assault. I just don't see it as a slam-dunk win for the Plaintiff.

 

[Peaceful]

It’s strange that AS got on a broken table, cut her down, her entire weight would completely collapse into him and the table stayed upright and he also didn’t stumble or fall coming off that table. 100 lbs of dead weight is a lot. And the fact that she was bound up the way she was would make the entire task just so awkward. I really think he made up the table story entirely. I think he may have already cut her down prior to calling 911, but regardless, I think he was standing on the ground when he cut her down. I just don’t know why he would make up the table story at all.

I think it's possible that Adam hoped he could use the table as part of her staged suicide to explain her bent knees. Once he realized the table wouldn't work, he had to add that to the story, which he figured he would accomplish by pretending to drag that over during the 911 call. Forgive me for being graphic but if the table was placed under the weight of her body at any time, it's possible that the table made divots into the grass and therefore became a permanent part of the scene. All just my own thoughts and opinions.

 

[Peaceful]

The jury has also heard the testimony of the LE who observed and documented that the only prints on the dusty balcony belonged to the bare feet of RZ and the shoe of the LE. None of AS' DNA found anywhere inside the house. This is circumstantial evidence that supports AS' innocence, not his guilt.

The jury have seen the autopsy report and heard the testimony from three expert witnesses in addition to LE that concluded RZ was a suicide by hanging. None of three found any evidence whatsoever of sexual assault. I just don't see it as a slam-dunk win for the Plaintiff.

Mybelle, it is inaccurate to say Adams DNA was not found anywhere in the house. It would be accurate to say it was not found on the select pieces they tested which of course excluded the numerous areas he willfully admitted to touching.

 

[Peaceful]

I don't find Adam to be a liar. He's been under this cloud of suspicion for many years now and been accused of rape and murder yet there has never been a believable motive.

What I would like to see happen is the reopening of the investigation into Max's injuries.

I believe you outlined the motive in the second part of your post. The mystery surrounding Max's death is precisely why I believe she was murdered. Imo.

 

[Peaceful]

I 100% agree with my fellow sleuthers that the defense is present. I also believe we have either family or close friends of the families here as we have since day one. MOO

 

[questfortrue]

You are so correct in this. When I was in the courtroom when he testified, Adam came across like a dolt and I don't think that was missed by the jury. Yes, he's odd, but I believe he was feigning this dumb attitude as it was easier to then be less pointed in his responses. And I agree with others that he has been highly rehearsed which also didn't get lost on the jury IMO.

Imo, you were absolutely spot on in terms of AS being thoroughly rehearsed. Actually, both of these brothers portrayed themselves in the court room with utmost decorum. That’d be expected. Even Caitlin Rother was surprised at the quiet demeanor of JS. It’s RZ the defense wishes to portray as unstable and, in the words of JS, “reactive.”

It is the undertones within the testimony of both brothers and within the 911 call which many of us find so troubling. Not using her name, just some ‘girl’, disminishing that RZ did CPR by calling it a few breaths even though JS wasn’t there to see what she did or did not do. And he added an unnecessary explanation that RZ didn’t save MS.

There’s a cognitive dissonance all over this crime regarding respect for the deceased. Perhaps within JS it stems from a pattern or a history of disrespect towards women. (It appeared in the testimony of dozens of women in their class-action lawsuit against JS’s company.) And AS’s odd brashness was in full display in the hours after RZ’s death. This attitude appeared when he spoke without a filter to police. From Ann Rule’s book, some of the first words out of AS’s mouth: “This must be traumatic for you,” Scanlon said. “Officer Kline will stay here with you.” At first AS seemed not to hear what he’d said. And then he blurted, “This is ******ing crazy. I don’t think my bedside manner is that bad”.

Meant in humor or in a sleep-deprived manner to defuse the incredible seriousness about the loss of life of his brother’s girlfriend? Perhaps the intent is to point out how ridiculous it would be to look at his involvement. But either way, the sexual innuendo is there, and it rings of callousness.

To Imp in your post 787: I found your analysis of AS’s motive very compelling. To add to your scenario, I believe those who think he was fueled with anger over MS’s accident and his family’s horror may also be correct. It’s not too far-fetched to see that RZ refusing an advance unleashed the emotions over MS and added to his violence. imo.

And what is so extremely hard to reconcile is the almost immediate hire of a defense attorney for AS. It’s been thought, though never confirmed, that JS was the person who hired PP, a well-connected defense attorney. For me the question became why in the world would he believe it necessary to take this action this soon if AS had told him only that RZ committed suicide; unless, of course, AS had shared a bit of truth with his bro. If JS knew and kicked RZ’s dying body aside to help his brother does it not show a further element of heartlessness towards a woman with whom he allegedly was finding a way to build a future?
Simply my 2 cents.

 

[Betty P]

Shacknai defense calls final experts, rests case

Defense attorneys for Adam Shacknai called two final experts on forensic evidence and suicide Tuesday, then rested their case, bringing to a close the month-long trial in the Rebecca Zahau wrongful death lawsuit.

Attorneys on both sides expect to summarize their cases in closing arguments on Monday.

Snip


Dr. Alan Berman, a clinical psychologist and an adjunct professor at Johns Hopkins University in Baltimore, testified that he has conducted thousands of suicide risk assessments in his 50-year career.

Snip

Defense attorney Daniel Webb asked Berman about reports that Zahau had been fondled by her school principal when she was young, and why that might put her at risk for suicide.

“Sexual abuse can be devastating to the abused,” Berman answered. “It produces a sense of shame, as if they are to blame; low self-esteem.

Snip

At this point she's at very high risk for suicide,” said Berman, calling Max’s fall “the straw that broke the camel’s back” for Zahau’s emotional state.

He added, “To a reasonable degree of scientific certainty, she did die by suicide. That is my opinion.”

A second expert testified that two autopsies conducted on Zahau revealed no evidence of manual strangulation, but supported a conclusion that she hanged herself.

Dr. Gregory Davis, a forensic pathologist from the University of Kentucky Albert B. Chandler Hospital, testified Monday and Tuesday that he saw no injuries on Zahau that suggested homicide.

Four hemorrhages under her scalp were described by plaintiff’s experts as being caused by blows to Zahau’s head. Davis said they were small and possibly caused during the initial autopsy.

More here:
http://www.sandiegouniontribune.com/news/courts/sd-me-zahau-defense-20180327-story.html

I'm assuming Dr. Berman never met Rebecca, never had a conversation with her. What was the basis for his conclusion? External events? Stories that members of the Shacknai family told him? He likely had no files to review as she didn't have mental health problems. If Dr. Berman is only relying on the information the Shacknai family gave him, he has a problem. They have a vested interest in making sure he decides in favor of suicide.

Then we have the second doctor who had also never met her, never saw her, but based his opinion on reading an autopsy file.

The defense attorneys may have pulled this last minute ploy to prevent Keith Greer from asking some very important questions about RZ's death. But the county ME and other officials may also have bowed out because they are no longer comfortable carrying water for the Shacknai family by defending their suicide theory.

 

[IzzyBlanche]

I'm assuming Dr. Berman never met Rebecca, never had a conversation with her. What was the basis for his conclusion? External events? Stories that members of the Shacknai family told him? He likely had no files to review as she didn't have mental health problems. If Dr. Berman is only relying on the information the Shacknai family gave him, he has a problem. They have a vested interest in making sure he decides in favor of suicide.

That's a good point. I thought mental health professionals were prohibited by ethical rules from diagnosing people they have never treated themselves.

 

[Peaceful]

Snip

Defense attorney Daniel Webb asked Berman about reports that Zahau had been fondled by her school principal when she was young, and why that might put her at risk for suicide.

“Sexual abuse can be devastating to the abused,” Berman answered. “It produces a sense of shame, as if they are to blame; low self-esteem.

Snip

At this point she's at very high risk for suicide,” said Berman, calling Max’s fall “the straw that broke the camel’s back” for Zahau’s emotional state.

He added, “To a reasonable degree of scientific certainty, she did die by suicide. That is my opinion.”

I find it appalling that anyone was even allowed to say this. What an insult. Not only to Rebecca but to all victims of sexual abuse. What a crock! MOO