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

[Imp]

Interesting to read this again after so long - especially after not appearing in court this week to testify in regards to his own autopsy report. I guess this would have been his testimony?

Okay, after reading this, I think I know why Dr. Lucas wasn't available to testify for the defense. :facepalm:

 

[justice be served]

JS phone records: I remember Rebecca's phone records being released and a portion of Dina's records. But I am not finding - at least on these threads - JS records. Does anyone recall if they were published?

 

[Imp]

Someone took gardening gloves to the second floor. Interesting.

If I was planning on doing some heavy lifting or moving with rope, I might wear gardening gloves.

 

[Imp]

JS phone records: I remember Rebecca's phone records being released and a portion of Dina's records. But I am not finding - at least on these threads - JS records. Does anyone recall if they were published?

I don't think so. I'm sure Det. Tsuida just asked him who he called and who called him, and she thanked him for his candor.

 

[MyBelle]

JS phone records: I remember Rebecca's phone records being released and a portion of Dina's records. But I am not finding - at least on these threads - JS records. Does anyone recall if they were published?

These phone records were obtained as part of the investigation of Max's injury. They wouldn't be available publicly.

 

[MyBelle]

I don't think so. I'm sure Det. Tsuida just asked him who he called and who called him, and she thanked him for his candor.

He didn't have to tell her. A few days later, they did obtain a search warrant.

 

[Tortoise]

I don't think so. I'm sure Det. Tsuida just asked him who he called and who called him, and she thanked him for his candor.

:lol::detective:

 

[clearskies1]

These phone records were obtained as part of the investigation of Max's injury. They wouldn't be available publicly.

Greer almost certainly would have subpoenaed them in the civil case.

 

[Imp]

Greer almost certainly would have subpoenaed them in the civil case.

IIRC, Mr. Greer told Tricia in an early interview words to the effect that there were no surprises in the phone records. I would hope he has JS's, and even if there were no surprises, I'd still like to see em!

 

[Tortoise]

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

All I can find is a quote from crime lab director Grubb which says "a pair of black gloves found on a table in the mansion."

http://www.760kfmb.com/story/16068012/mixed-dna-all-over-zahau-death-scene-some-evidence-not-tested

 

[Mica]

All I can find is a quote from crime lab director Grubb which says "a pair of black gloves found on a table in the mansion."

http://www.760kfmb.com/story/16068012/mixed-dna-all-over-zahau-death-scene-some-evidence-not-tested

Thank you, I wonder where the black latex glove was found?

 

[clearskies1]

IIRC, Mr. Greer told Tricia in an early interview words to the effect that there were no surprises in the phone records. I would hope he has JS's, and even if there were no surprises, I'd still like to see em!

Me too.

 

[Brit]

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 in uno charge).

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

Yes, and the pair were gardening gloves.

Easily found in garages- as if to grab them as your getting the rope. MOO

 

[BBL]

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.

And they have no idea what was said. And they have no idea who accessed the message. Too bad the phone wasn't properly processed.

 

[clearskies1]

Easily found in garages- as if to grab them as your getting the rope. MOO

It's possible they used the guest house to store items. JMO.

 

[Mica]

Anybody know where these two pieces of evidence were found, and if they were tested to determine what the red stains were?

#3 Paper towel w/red stains
#12 Tissue w/red stain

Thinking the tissue could be what’s on the floor between the knives in the evidence photo. Or maybe not since it doesn’t have a number like the other evidence. Perhaps another piece of missed evidence.

 

[MyBelle]

Greer almost certainly would have subpoenaed them in the civil case.

He couldn't subpoena Jonah's because Jonah isn't part of the lawsuit but it also is a moot point because they did have RZ's phone records and released them to the press. The information was obtained by the Zahou's attorney nearly seven years ago and covered extensively in the media. I'm not sure why people don't want to believe Jonah made the call. Yes, he did and so did a police detective.

Family attorney releases 200 pages of Zahau's phone records
Posted: Sep 23, 2011 9:32 PM CDT
Updated: Sep 25, 2011 1:40 AM CDT

The phone logs revealed five calls on July 11 and one call on July 12 from Coronado police detective Thomas Adkins, who was investigating Max Shacknai's fall. (More details of Detective Adkins' investigation are contained in a search warrant that was unsealed by San Diego Superior Court Judge David Danielsen at the request of News 8 and other media outlets).

http://www.760kfmb.com/story/15538406/family-releases-200-pages-of-zahau-phone-records

 

[justice be served]

Rebecca's phone records do not prove anything - remember she's dead. I went back and looked at the voluminous thread on phone records and the general consensus was why wouldn't JS want to prove his phone call to Rebecca that was a critical piece of the suicide findings..What was the purpose of holding them back?

 

[MyBelle]

And they have no idea what was said. And they have no idea who accessed the message. Too bad the phone wasn't properly processed.

The phone was properly processed. The fact that the message was deleted wasn't under the control of the SDSO but that also doesn't change the fact that the phone call was made and it lasted 2 minutes.

 

[Lilibet]

Ditto, Lilibet! :daisy:

:tyou: Back at you.