Defense attorney David Elsberg 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.
Similarly, victims of domestic violence often feel anxious, potentially helpless and distrust in relationships, he said. Zahau reportedly suffered mental abuse, threats and attempted strangulation at the hands of her husband, before she divorced and met Jonah Shacknai.
The ex-husband, Neil Nalepa, testified in a videotaped deposition that Zahau had three affairs with other men during their marriage.
Also, writings found on Zahaus phone showed her to have doubts about her relationship with Jonah Shacknai. Notes that I feel this incredible emptiness, and I have no one to talk to suggested depression, Berman said.
Topping off her state of mind was a fall that her boyfriends 6-year-old son, Max, suffered while Zahau was looking after him on July 11, 2011. He fell from a two-story stairwell landing at the house.
After he was rushed to a hospital in critical condition, Jonah Shacknai told Zahau it was best for her to stay away, since the his ex-wife, the boys mother, would be there. Berman interpreted this as rejection from the family at a time of tragedy.
At this point she's at very high risk for suicide, said Berman, calling Maxs fall the straw that broke the camels back for Zahaus 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.