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

[Jessica2012]

You understand that “excluded” means there is NO WAY Adam could have been a contributor to any of the DNA that was of high enough quantities to be tested, right?


Were there prints and DNA on the knives?
The small knife had Rebecca’s DNA, and only Rebecca’s DNA. No fingerprints were developed from this item. The large knife had Rebecca’s fingerprints, and only Rebecca’s fingerprints. A low level of DNA material was found on this knife as well, but it was not enough for any comparison.

Were there prints and DNA on the rope?
Rebecca’s DNA was found on the rope, particularly in areas that would have to be manipulated to tie the knots. Only Rebecca’s DNA was found on these items other than one “artifact,” which is a fragment of material that could be DNA, but does not contain enough information to determine who, or what, it came from (animals and plants also have DNA that can be left behind). The rope could not be fingerprinted.

http://www.sdsheriff.net/coronado/faq.html

 

[Tortoise]

One of the gloves was latex from what I read in a previous link I posted.

Yes, and the pair were gardening gloves.

 

[justice be served]

1.
http://www.sandiegouniontribune.com/news/courts/sd-me-zahau-day3-20180305-story.html

2. The jurors may not consider anything that is not admitted by Judge Bacall. To do otherwise is against the rules of the court.

3. If jurors do not follow the rules, and it is brought to the court’s attention, it could result in a mistrial.

I am just a poster on a sleuthing site. I have no window into the defense’s stratagy, although I doubt it would involve asking the jurors to break the rules of the court. JMO.

Thanks for finding the info on Hancock. I missed the first two weeks of trial.

 

[Imp]

I think this shows Rebecca was confronted very soon after she got out of the shower. No time to even put a tampon in. I mean why else wouldn't she?? Can anyone think of any reason she would not unless she got detained?

Again, you're 100% correct, imo. She was confronted as soon as she stepped out of the shower (or perhaps while she was showering) - that is the ONLY reason a menstruating woman wouldn't immediately attend to the issue.

There's the drips of menstrual blood around the upper floor, and AS's masturbation confession that almost tell the whole story of when the assault began, and imo, what AS's intentions were.

 

[clearskies1]

Yes, and the pair were gardening gloves.

Someone took gardening gloves to the second floor. Interesting.

 

[Tortoise]

Ahhhh, so you were in court.

Isn't it interesting how your opinion of proceeedings differs from mine. You have completely dismissed the lack of DNA on the rail, the expected skin abrasions, and the lack of dirt transfer, all direct evidence shown in court, which made a significant impression on me personally.

You choose to focus on Greer’s assertions, but not the witness. But I understood what Greer says isn’t evidence, as the judge repeatedly says that to the jury, so I was trying to focus on what the jury is allowed to consider after taking instruction from the Judge.

This is exactly why you can’t predict what a jury is thinking, we are completely polarized in opinion on this issue. In deliberations I would probably try to persuade you take your guidance from the judge on what you can and cannot consider as evidence, and also that this is direct evidence, so much less open to interpretation IMO.

Do you not feel there is an obvious disparity when the defense argue ‘no AS DNA indicates no presence’...but in the case of the rail, a naked body scraping over the rail by a ‘DNA shedder’ like RZ ...leaves no DNA...? .it just doesn’t work for me in this particular scenario. We will have to agree to disagree.

Do you also recall when the defense attorney physically ‘jumped’ with his feet together to demonstrate the ‘leap’ on the balcony was possible for RZ too?

This was a HUGE mistake IMO. It really exemplified how ridiculous the proposition was ( you probably saw some members of the jury laugh due to the deafening thud in the courtroom after he launched himself forward!)

(On a side note I heard from chit chat in the break that a police officer actually came up to investigate from the court below as it was such a loud ‘bang’! ) I agree...before you say it...HEARSAY!

( PS for those not there to see...the judge also reminded the jury that the defense attorney’s ‘leap’ was not evidence...only the witness testimony..which was the experts balcony layout, the witness ‘demonstrative’ and his testimony. I tried to discount it..but it was so funny I couldn’t forget it!)

It was a moment of levity in an otherwise tense day in court, and an absolutely unforgettable one at that! Odd, but I beleive that attorney hasn’t been in court since ( maybe he is now working for the Cirque Du Soleil?)

Finally, regarding your question re Greer’s objection to the defense using a random woman from the gallery to demonstrate RZs death, you should recall that the judge made it very clear why this was not appropriate ( for very obvious reasons, even to a legal novitiate like me!)

My notes read ‘very bizarre’ regarding this request...

I have a question for you...the defense objected vehemently to a demonstration by Greer of the length of the rope being shown to the jury demonstrate RZ’s hanging height ( and distance of her feet from the ground) when being cut down...

They then even objected to a simple ruler being used to show how far her feet were from the ground...

...so why would they object to the rope hanging length demonstation so strongly? And then object again so strongly to the jury being shown how high her feet were from the ground, even with a ruler? Why was that such a big issue?

( all my opinion gleaned from my notes and experience in the court room)

Very interesting. Thanks for sharing your experiences Lezah.

 

[Imp]

Wait, didn't Adam handle the knot on her wrists?

Only if Jonah said he did. :lol:

 

[Tortoise]

Someone took gardening gloves to the third floor. Interesting.

I don't know where they were, on a table somewhere I think I have read, but I don't know if that was on the 3rd floor or not.

 

[MyBelle]

Under California law, the Medical Examiner is both required and empowered to determine the cause and circumstance of certain deaths (California Government Code Section 27491). After reading up on the Code, and just the "Investigative Report" (preface to AR), it became more clear to me why Dr. Lucas, the author of the AR, did not give evidence. IMO, Mr. Greer would be able to impeach Dr. Lucas as a witness by merely crossing him on the first 3 pages of the Investigative Report which begin: Medical Examiner's jurisdiction invoked according to the California Code 27491: Death due to known or suspected homicide. The Narrative further confirms that both the Medical Examiner Investigator (Dana Gary) and Deputy Medical Examiner (Dr. Lucas) did not arrive at the scene until 7:15pm, and that RZ naked, bound, body was not bagged and transported to ME office until after 8pm! Oh, and did I mention that the 911 scenario in the report directly contradicts AS testimony...

I'm just speculating but I believe had Dr. Lucas testified, and impeached by Mr. Greer during cross examination, Lucas would not have been dismissed (he's credible and authored the report) but rather the Judge would have to instruct the Jurors to disregard his testimony. Just imagine the Defense being told that the court will not credit the Medical Examiner witnesses testimony. There really was no way they could allow Dr. Lucas to take the stand. (It's called the falsus en uno charge).

https://www.sandiegocounty.gov/content/sdc/me/families/theprocess.html

The time the ME arrived at the scene is not relevant. All that is referring to is the time the office took JURISDICTION of the body. iow, no other agency could touch it. JMO

 

[clearskies1]

I don't know where they were, on a table somewhere I think I have read, but I don't know if that was on the 3rd floor or not.

Thanks. I think I got it wrong -- I think it was technically the second floor where the bedrooms and Rebecca's artist studio were.

 

[Tortoise]

Only if Jonah said he did. :lol:

That reminded me of this little gem, from the LEAD detective no less;

* When Mr G said how does she know it was RZ who deleted and listened to the last voice message, and not someone who had incapacitated her?

* she said because ...

* ...It was RZs phone

* ...She was in the house alone

* Mr G said - How did she know she was alone?

* Because ADAM TOLD HER

* As her voicemail was accessed ‘they know she was still alive at 12.50’

https://www.websleuths.com/forums/s...rage-and-discussion-2&p=13996957#post13996957

 

[Imp]

Lilibet, I think I love you, all 10,000 of you :daisy:beautiful post!

Ditto, Lilibet! :daisy:

 

[BBL]

That is the point where I believe JS phoned RZ and left the message.

SBM if only there was proof of such a message...

 

[Seattle1]

The time the ME arrived at the scene is not relevant. All that is referring to is the time the office took JURISDICTION of the body. iow, no other agency could touch it. JMO

I disagree this is irrelevant. RZ body was left outside for more than 12 hours, completely exposed, unprotected, and evidence lost or contaminated during the unusual delay.

 

[justice be served]

That reminded me of this little gem, from the LEAD detective no less;


https://www.websleuths.com/forums/s...rage-and-discussion-2&p=13996957#post13996957

The lead detective was a mess on the stand it appears overall. And she was the lead in this high profile investigation. I think someone else said that after she was on the stand that the defense strategy seemed to change.

 

[justice be served]

I disagree. RZ body was left outside for more than 12 hours, completely exposed, unprotected, and evidence lost or contaminated during the unusual delay.

Absolutely you are correct. And there were links to this effect somewhere in these threads giving specifics. How could there not be lost and contaminated evidence? It defies credulity.

 

[Jessica2012]

I don't know where they were, on a table somewhere I think I have read, but I don't know if that was on the 3rd floor or not.

I believe they were outside in the courtyard.

 

[Imp]

Ahhhh, so you were in court.

(snipped just to say you deserve one of these :tyou: as well)

 

[MyBelle]

SBM if only there was proof of such a message...

After Dr. Peterson had the hospital contact LE, a search warrant requested phone records. A phone company's call detail provides both time of call and length of duration of the call. So LE knows the time JS phoned RZ and they know how long his message was.

 

[clearskies1]

I believe they were outside in the courtyard.

I haven't heard that -- was it reported?