Wrongful Death Suit filed Nov. 13, 2013 in California, #3

[LuckyLucy2]

The lack of DNA and prints is telling to me. Gloves found at the scene would lead me to believe it is likely gloves were worn by the defendants. It seems so obvious. I don't consider lack of evidence to be, well, evidence. Take for example, the knife that Adam used to cut Rebecca down. Where is that? Why are there no prints on that? He would have had to touch the rope to cut her down. He even said that he loosened it. So, where are his prints? Where is the DNA?

It is even worse if these things weren't even tested. That would mean that "someone" determined it would be called a suicide right away. It doesn't mean that everyone there had to be in on it. Just a few key people. One being the medical examiner that showed up 12 or so hours later. I always wondered what Pfingst was negotiating behind the scenes.

Adam would not have had to touch the rope to cut down R. IMO, he would have held her body with one arm, and reached up and just cut the rope with his other arm and hand.

Why would they test the knife A used to cut her down? What would that prove? Nothing.

JMO.

 

[LuckyLucy2]

Hi MissUnderstood!

This is a very good article about the DNA. Mixed DNA found at the scene including some unidentifiable. Several pieces of evidence were never even tested. Sheriff Gore stated they felt it was unnecessary to collect DNA samples from Jonah or Dina.

You stated above, "Mixed DNA found at the scene including some unidentifiable.". That is not correct.

ALL of the DNA that was found other than Rebecca's was too low to interpret. You are incorrect stating that there was Mixed DNA that they could have gotten a profile from. There was not, which the link you included up thread with Crime Lab Director Grubb speaking about the DNA above clearly states.

In the link, Grubb says, "When you have a low-level mixture and it's so low that it's un-interpretable, it means that even if we have other subjects to compare, it's not going to be fruitful."

That is why they did not end up getting Jonah and Dina's DNA - there was no DNA of a high enough quality (other than Rebecca's) to derive a profile from. If there is no profile to compare other DNA to, why take it?

 

[LuckyLucy2]

Were the black gloves found in the mansion Latex ones? Or do we know? Also were they left from medics/ambulance for Max ? Were there other black gloves in the garage or somewhere? Just curious cause the black gloves have always kind of stood out to me as odd, unless they were left by medical personnel who had been in the home earlier working on Max.

The link says that "and a pair of black gloves found on a table in the mansion, Grubb said."

IMO, since they were not found in the bedroom, and were "on a table in the mansion"' I bet they were left from Max's accident.

I'm glad that quote was posted- I had always just *advertiser censored*.u.mmed that the gloves were found in the bedroom where Rebecca prepared for her suicide. Apparently not.

 

[BBL]

Why would they test the knife A used to cut her down? What would that prove? Nothing.

JMO.

RSBM - Because this was first should have been viewed as a suspicious death. So, everything about it should have been tested. Or at least be taken into evidence. How do we know for sure that she was cut down? We just have Adam's word. The knife and rope tested could have actually helped his cause. And, he would have had to touch the rope to loosen the noose and hands. Which he said he did. Again, how do we know? That LE seems to not have bothered with that aspect of it means, IMO, that a suicide finding was already being worked on.

 

[LuckyLucy2]

It was viewed as a suspicious death. it was obvious Adam cut her down. Her death was from hanging, according to the ME that preformed the autopsy, not strangulation.

Thursday July 14, 2011

Investigators were waiting Thursday to determine if a woman who
died in the historic Spreckels mansion was murdered, took her own
life, or somehow fell victim to a strange accident.
“We haven't even confirmed this has been a criminal matter,” said San Diego
Sheriff's Capt. im Curran.

While they waited to classify the probe as a
homicide or a more routine death inquiry, everyone seemed to agree on one
thing: the puzzling circumstances surrounding the death of Rebecca Nalepa.

http://latimesblogs.latimes.com/lanow/2011/07/mansion-death-coronado-child-suicide.html

Friday, July 15, 2011

Investigators used a search warrant Wednesday afternoon to enter the property to finish their probe. They said the woman died "violently."

"I'm not really prepared to comment on what led us to believe that, but the scene does indicate some type of very suspicious circumstances," Curran told a local TV station on Wednesday.

http://www.10news.com/news/evidence-sealed-in-coronado-mansion-death-investigation

Adam did not "loosen" the noose and wrist bindings. Please supply link if I am incorrect.

Adam says in his poly that he "sort of remembers having to move something out of the way to take her pulse."

Testing the knife that Adam used would have proved nothing, and they did test the ropes.

JMO

Link: Poly of Adam

 

[kimi_SFC]

Were the black gloves found in the mansion Latex ones? Or do we know? Also were they left from medics/ambulance for Max ? Were there other black gloves in the garage or somewhere? Just curious cause the black gloves have always kind of stood out to me as odd, unless they were left by medical personnel who had been in the home earlier working on Max.

Just chiming in here as a medical professional to say we transitioned to nitrile gloves many years ago because of sensitivity to patients and ourselves. My own opinion was that these gloves were likely nitrile, but I did a quick search, and they could be latex. It appears they are used in salons and tatoo shops.

https://www.google.com/search?q=black+latex+gloves&ie=UTF-8&oe=UTF-8&hl=en&client=safari

:twocents:


Sent from my iPhone using Tapatalk

 

[*Lash*]

1. Is in the information I provided above.
2. Will look for link later today.

1. I have seen the SDSO FAQ's posted many times I forgot the child fingerprint was mentioned.

2. Hoping you can find a link to Dina being fingerprinted. I'm very curious. TIA

 

[DeDee]

The lack of DNA and prints is telling to me. Gloves found at the scene would lead me to believe it is likely gloves were worn by the defendants. It seems so obvious. I don't consider lack of evidence to be, well, evidence. Take for example, the knife that Adam used to cut Rebecca down. Where is that? Why are there no prints on that? He would have had to touch the rope to cut her down. He even said that he loosened it. So, where are his prints? Where is the DNA?

It is even worse if these things weren't even tested. That would mean that "someone" determined it would be called a suicide right away. It doesn't mean that everyone there had to be in on it. Just a few key people. One being the medical examiner that showed up 12 or so hours later. I always wondered what Pfingst was negotiating behind the scenes.

]Just a few key people. One being the medical examiner that showed up 12 or so hours later.

The coroner in the JonBenet Ramsey took seven (7) hours to arrive at her home in Boulder, CO.

1:00PM, JonBenét's body was found by her father and brought upstairs and placed on the floor.

Coroner arrives at the Ramsey home at approximately 8:00PM.

Coroner enters the house where the body was at approximately 8:20PM

Coroner leaves the house at approximately 8:30PM

http://ramseyline.tripod.com/info/dec96.html

And also on Page Two, Para One of JBRs autopsy report: http://hosted.ap.org/specials/interactives/_national/jonbenet_ramsey/jonbenet_ramsey_autopsy.pdf

San Diego Office of the Medical Examiner

The variety presented by our unique environment is ever-growing and always challenging. The size of our jurisdiction, and its numerous remote areas, can be an obstacle for responding to a death scene and retrieving remains, much less providing a thorough death investigation. Nonetheless, your San Diego Medical Examiner’s Office rises to that challenge.

http://www.sandiegocounty.gov/content/sdc/me/welcome.html

MEO 2011 Report

• In 2011, Investigators processed 10,226 reports of death; Medical Examiner’s Jurisdiction was invoked in 2,853 (28%) of those reports.
• In 2011, we responded to 1818 scenes (64%).
• ...the place of death, which can be virtually anywhere in the 4,261 square miles of San Diego County
• The San Diego County ME’s office performs an average of 5.3 autopsies per day, and 2.5 external examinations. In 2011, 45% of investigations were for unintentional (accident) manners of death, followed by natural causes (37%), suicides (14% [or 392 with 105 by hanging/asphyxia]), and homicides (3%).
• From 2006 to 2011, the committee [CHILD FATALITY REVIEW COMMITTEE] reviewed 605 child deaths.
• 18 ACCIDENTAL DEATHS AGE 0 TO 13 BY MECHANISM, 2011: Fall = 1 [Sadly, we know whose death this was, Max Shacknai.]

http://www.sandiegocounty.gov/content/dam/sdc/me/docs/SDME_Annual_Report_2011.pdf

Like it or not, the San Diego Coroner's Office is a very busy office as evidenced by the aforementioned information. The ME's Office performed an average of 5.3 autopsies a day in 2011. The Coroner wasn't sitting around twiddling his thumbs while waiting for a phone call that demanded he appear at the Suicide of RZ in Coronado.

 

[*Lash*]

11/17 SDSO PC

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

GORE:
 There were 13 specimens taken from her fingernails; 12 of them were only her DNA and I will turn to Mike Grubb to explain to you what the other specimen showed as far as a mixed DNA. And I will slide over so that he can – rather than move all the microphones. How’s that? [Reporter: inaudible. Gore: I hate to get out of the camera shot...]

GRUBB:
 Again the majority of the DNA under Rebecca Zahau's fingernails was her own. There was the -- various fingernails were tested as separate samples and one of them showed a DNA mixture, but the level of DNA was so low that it was an un-interpretable mixture. It needs to be realized that DNA can come to be on all sorts of surfaces – doorknobs, any public surface can gain DNA from a number of people and it will reside there and may be picked up by someone else. So the finding of a minute amount of very small un- interpretable amount of DNA under somebody's fingernails that may be from someone else is certainly not evidence of homicide.

DAVID GOTFREDSON/CBS8:
 Yeah, but what she said on the show, that there was mixed DNA under her fingernails is actually true, right?

GRUBB:
 There was one of the 13 samples that showed a mixture of DNA under the fingernails, yes, under that one fingernail.

DAVID GOTFREDSON/CBS8:
 And what she said on the show about the underwear, that there was no DNA analysis done on the underwear to actually determine whose underwear it was, that’s true as well. Is that right?

GRUBB:
 That's correct. The underwear was collected but as the sheriff has said it was not examined because of Jonah Shacknai’s statement and the fact that we had better evidence as to whether Rebecca Zahau was sexually assaulted or not and that was her body and the swabs recovered from her body, which showed no sexual assault.

REPORTER:
 There was also a statement from Bremner, and Mr. Grubb you may have to answer this as well, not many people were looked at in terms of DNA who had access to the house, including Jonah Shacknai and Dina Shacknai Romano. Why?

GRUBB:
 Well that is true. I'm not sure I'm the one to answer why we examined those suspects – err subjects -- that were submitted to us.

DAVID GOTFREDSON/CBS8: 
Real quick. Was there mixed DNA found anywhere else in terms of the -- I think Ms. Bremner said on the show there was mixed DNA found on gloves, on the bed frame, and on the knife. Is there mixed DNA on those items?

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.

DAVID GOTFREDSON/CBS8: What about the bed frame?

GRUBB:
 That DNA sample was insufficient for analysis.

DAVID GOTFREDSON/CBS8:
 OK, so if you had taken DNA from Jonah or Dina, wouldn’t you have been able to compare that to some of these un-identifiable mixed sources?

GRUBB:
 No, that's the point. When you have a low-level mixture and it's so low that it's un- interpretable, it means that even if we have other subjects to compare, it is not going to be fruitful.

 

[*Lash*]

Were the black gloves found in the mansion Latex ones? Or do we know? Also were they left from medics/ambulance for Max ? Were there other black gloves in the garage or somewhere? Just curious cause the black gloves have always kind of stood out to me as odd, unless they were left by medical personnel who had been in the home earlier working on Max.

The link says that "and a pair of black gloves found on a table in the mansion, Grubb said."

IMO, since they were not found in the bedroom, and were "on a table in the mansion"' I bet they were left from Max's accident.

I'm glad that quote was posted- I had always just *advertiser censored*.u.mmed that the gloves were found in the bedroom where Rebecca prepared for her suicide. Apparently not.

The pair of gloves were black gardening gloves. Multiple gloves were found. A pair of black gloves and a black latex glove. Grubb stated at the 11/17 PC, the pair of black gloves found from a table at the scene were gardening gloves. As well, 2 different quotes regarding where the gloves were found. One says table "in the mansion" and the second "table at the scene."

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.

SW 41277
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41227.pdf

Inventory:
2. Pair Black Gloves
21. Black Latex Glove
22. Table

 

[*Lash*]

You stated above, "Mixed DNA found at the scene including some unidentifiable.". That is not correct.

ALL of the DNA that was found other than Rebecca's was too low to interpret. You are incorrect stating that there was Mixed DNA that they could have gotten a profile from. There was not, which the link you included up thread with Crime Lab Director Grubb speaking about the DNA above clearly states.

In the link, Grubb says, "When you have a low-level mixture and it's so low that it's un-interpretable, it means that even if we have other subjects to compare, it's not going to be fruitful."

That is why they did not end up getting Jonah and Dina's DNA - there was no DNA of a high enough quality (other than Rebecca's) to derive a profile from. If there is no profile to compare other DNA to, why take it?

In one of the samples, according to Gore, the results indicated the presence of DNA from at least two people. The majority of the genetic material present was consistent with Rebecca's profile, he said.

"The amount of information obtained from the other contributor(s) was so minute, it was not possible to identify the source," he stated "It is important to understand that small amounts of DNA can be transferred easily through any number of ways, including something as ethereal as a breath."


http://www.10news.com/news/sheriff-defends-agency-s-investigation-of-zahau-death

 

[K_Z]

New entry indicating Dina's case as plaintiff against Jonah, in Maricopa county, appears to be in the final steps before a judgment and order. (Oral arguments usually immediately precede a judgment and order.) Seems pretty certain it will be wrapped up by the end of the month. Will be interesting to find out if Dina paid the court ordered fees and penalty fines.

10/9/2015 094 - ME: Oral Argument Set 10/9/2015

10/23/2015 14:30 Oral Argument

https://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp?caseNumber=CV2013-009289

It appears that these oral arguments are open to the public, and the media (though they might not be allowed to video).

If we remember the 2 entries preceding this Oral Argument set:

9/30/2015 NOT - Notice 9/30/2015
NOTE: NOTICE OF SUBSEQUENT EVENTS PERTINENT TO DEFENDANT’S SECOND MOTION FOR SANCTIONS --AND-- MOTION FOR EXPEDITED CONSIDERATION

9/18/2015 ORD - Order 9/18/2015
NOTE: Order (Awarding Jonah Shacknai Attorneys' Fees in the Amount of $14,307.50 and Costs in the Amount of $44.65. Further Ordered that Plaintiff Shall Pay $14,000.00 to Charitable Organization MaxInMotion)

Here is an example of another case (not this one) that indicates some of the routine procedures associated with 094- Oral Arguments Set in Maricopa County superior Court:

ORAL ARGUMENT SET

The Court having considered Defendant’s Expedited Motion to Stay Enforcement of
Foreign Judgment and Memorandum of Points and Authorities, Plaintiff’s Response thereto, and Defendant’s Reply, IT IS ORDERED granting a temporary stay of the Default Judgment filed by Plaintiffs on December 1, 2009 pending oral argument on Defendant’s Expedited Motion to Stay.

IT IS FURTHER ORDERED setting oral argument on Defendant’s Expedited Motion
to Stay for March 5, 2010 at 10:00 a.m. (30 minutes are reserved) before:

THE HONORABLE KAREN A. POTTS
SOUTHEAST COURTHOUSE
222 EAST JAVELINA
COURTROOM 207
MESA AZ 85210

SUPERIOR COURT OF ARIZONA
MARICOPA COUNTY

Docket Code 094 Form V000A Page 2

Oral argument shall not exceed fifteen (15) minutes for each side. If extended oral
argument is necessary, counsel must so advise the Court no later than four (4) court days prior to the date set for hearing so that oral argument can be rescheduled. Any motion or stipulation for continuance must be filed with the Court no later than four (4) court days prior to the date set for hearing. After that date, no continuances will be granted
except for extraordinary circumstances. Counsel are advised that if the answering memorandum is not timely filed in accordance with the Arizona Rules of Civil Procedure, oral argument may be vacated and the motion will be ruled upon in accordance with Rule 7.1(b), A.R.C.P.

PLEASE NOTE: This Court utilizes a digital audio recording system to preserve the
official record of proceedings. Persons requesting copies of recorded proceedings do not have to provide blank CDs. All CDs will be provided by the Court, regardless of when the copies are made. A fee of $20.00 will apply to all copies requested, either on the day of the hearing or for hearings recorded on an earlier date. Counsel or litigants must complete the appropriate request form which may be obtained from the Self-Service Center or from Court staff and present the completed form to the Self-Service Center. All fees must be handled through the Self-Service Center. Upon payment of the appropriate fees through the Self-Service Center, a receipt will be issued which shall then be presented to Court staff for preparation of the CD.

This case is eFiling eligible: http://www.clerkofcourt.maricopa.gov/efiling/default.asp

http://www.courtminutes.maricopa.gov/docs/Civil/012010/m4070539.pdf

 

[xheraldina]

I think Rebecca was never thrown from that balcony; otherwise her weight would have moved the bed to which her body has supposedly been tied.
She was killed either in guesthouse or in the garden and than the rope has been thrown through the balcony.
That would explain the lack of others’ DNA and the lack of her footprints in the balcony.
MOO

 

[K_Z]

New entry #226 on the San Diego ROA-- scheduling update, cancelling a hearing Feb 26, 2016.

226 09/30/2015 Discovery Hearing scheduled for 02/26/2016 at 01:30:00 PM at Central in C-69 Katherine Bacal was vacated.

May be a bit of a clerical error, as there wasn't a "Discovery Hearing" Feb 26, 2016, that was listed in the events for this case. The only event listed is for that day and time is:

02/26/2016 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)

So, it seems likely that is the hearing that has been cancelled. Unless there was a clerical error in the date, and the discovery hearing that is scheduled for February 19, 2016 has been cancelled instead. I guess time will tell-- these hearings are scheduled and cancelled pretty regularly, it seems.

The next hearing in this case is Friday, November 6, 2015 (which is listed 3 times on the event schedule, for some unknown reason!):

11/06/2015 01:30 PM C-69 Discovery Hearing

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
Case Number: 37-2013-00075418-CU-PO-CTL

 

[LuckyLucy2]

I think Rebecca was never thrown from that balcony; otherwise her weight would have moved the bed to which her body has supposedly been tied.
She was killed either in guesthouse or in the garden and than the rope has been thrown through the balcony.
That would explain the lack of others’ DNA and the lack of her footprints in the balcony.
MOO

Interesting theory, except the evidence proves that Rebecca committed suicide. And there were her footprints on the balcony...two sets, and it shows that she hopped out with her ankles tied, and went over the railing on her own.

 

[LuckyLucy2]

bold by me

In one of the samples, according to Gore, the results indicated the presence of DNA from at least two people. The majority of the genetic material present was consistent with Rebecca's profile, he said.

"The amount of information obtained from the other contributor(s) was so minute, it was not possible to identify the source," he stated "It is important to understand that small amounts of DNA can be transferred easily through any number of ways, including something as ethereal as a breath."

http://www.10news.com/news/sheriff-defends-agency-s-investigation-of-zahau-death

Yes, there was a small amount of mixed DNA found, but the levels were so low that no profiles could be attained. IMO, it was old DNA. If Dina, Nina, or Adam had left any DNA, it would have been fresh and readable. They simply were not there. It would have been impossible for anyone to have done all of the things they are falsely accused of doing without leaving readable DNA.

JMO

 

[K_Z]

The Minute Entry from the 10/09/2015 Oral Argument Set in the Maricopa County case is now available online. It's now quite clear that this is pursuant to Jonah's motion, and that he is not only asking for dismissal, but dismissal with prejudice.

I think Jonah is going to get exactly what he's asked for. And if Dina hasn't paid the $28,000 fees and penalties by 2:30 pm on Oct 23, I think she is in for some serious consequences-- more fines, and potentially being found in contempt of court.

ORAL ARGUMENT SET

The Court has received Defendant’s Second Motion for Sanction of Dismissal with Prejudice for Plaintiff’s Failure to Comply with Court’s Order and Motion for Attorneys’ Fees and Costs, filed August 17, 2015.

IT IS ORDERED setting Oral Argument on October 23, 2015 at 2:30 p.m. (time allotted: 30 minutes) in this division.

Honorable Christopher Whitten
125 W. Washington, Old Courthouse, Suite 201
Phoenix, Arizona 85003
(602) 372-1164

A record of the proceedings will be made by videotape and CD in lieu of a court reporter. Should you want an unofficial copy of the proceedings, the parties or counsel may request a videotape or CD of the proceedings for a $30.00 charge. If a CD or videotape is requested, please obtain a form from the courtroom clerk or from the Self Service Center to request a daily copy of a court hearing or trial proceeding being conducted. Pay the applicable fee at the Self Service Center. Attach the receipt showing payment of the fee and present both the receipt and the form to the courtroom clerk or bailiff. For copies of hearings or trial proceedings recorded previously, please call Electronic Records Services at 602-506-7100.

IF ANY ISSUES IN THE MOTION RELATE TO DISCOVERY PROBLEMS, COUNSEL SHALL CONFER TO ATTEMPT TO RESOLVE THEIR DIFFERENCES OR TO REDUCE THE AREAS OF DISPUTE. COUNSEL ARE REMINDED THAT THE COURT WILL LIKELY IMPOSE SANCTIONS AGAINST THE LOSING PARTY IN ACCORDANCE WITH RULE 37(a)(4), RULES OF CIVIL PROCEDURE.

IT IS FURTHER ORDERED:
Any motion or stipulation for continuance must be filed with the Court no later than four court days prior to the date set for hearing. After that date, no continuances will be granted except for extraordinary circumstances.
All memoranda and affidavits regarding the motion must be filed and copies lodged with this division no later than four court days prior to the date set for hearing.
Counsel are advised that if the answering memorandum is not timely filed in accordance with the Arizona Rules Of Civil Procedure, oral argument may be vacated and the motion will be ruled upon in accordance with Rule 7.1 (b), A.R.C.P.

http://www.courtminutes.maricopa.gov/docs/Civil/102015/m7046698.pdf

BBM. And if any are interested in what Rule 37 (a) (4) is in the above area in all caps:

(4) Evasive or Incomplete Disclosure, Answer, or Response. For purposes of this subdivision (a), an evasive or incomplete disclosure, answer, or response must be treated as a failure to disclose, answer, or respond

.

Arizona's rules of civil procedure mirror the federal rules of civil procedure. This is the section on sanctions:

(2) Sanctions Sought in the District Where the Action Is Pending.

(A) For Not Obeying a Discovery Order. If a party or a party's officer, director, or managing agent—or a witness designated under Rule 30(b)(6) or 31(a)(4)—fails to obey an order to provide or permit discovery, including an order under Rule 26(f), 35, or 37(a), the court where the action is pending may issue further just orders. They may include the following:

(i) directing that the matters embraced in the order or other designated facts be taken as established for purposes of the action, as the prevailing party claims;

(ii) prohibiting the disobedient party from supporting or opposing designated claims or defenses, or from introducing designated matters in evidence;

(iii) striking pleadings in whole or in part;

(iv) staying further proceedings until the order is obeyed;

(v) dismissing the action or proceeding in whole or in part;

(vi) rendering a default judgment against the disobedient party; or

(vii) treating as contempt of court the failure to obey any order except an order to submit to a physical or mental examination.

BBM. October 23rd will indeed be an interesting day for this case.

https://www.law.cornell.edu/rules/frcp/rule_37

 

[LuckyLucy2]

It is not looking good for the Zahaus. There is nothing scheduled after the Feb. and March Summary Judgement and Motions to Strike. This leads me to believe the Judge is planning on throwing this case out, and IMO, will also penalize the Zahaus for accusing innocent people of murder with NO evidence to back up their claims by ordering the Zahaus to pay the court costs of the Defendants.

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
02/26/2016 01:30 PM C-69 Summary Judgment / Summary Adjudication
03/11/2016 01:30 PM C-69 Demurrer / Motion to Strike

 

[K_Z]

I think Rebecca was never thrown from that balcony; otherwise her weight would have moved the bed to which her body has supposedly been tied.
She was killed either in guesthouse or in the garden and than the rope has been thrown through the balcony.
That would explain the lack of others’ DNA and the lack of her footprints in the balcony.
MOO

IMO, the autopsy clearly demonstrates that Rebecca was alive (with a beating heart) when she went over the balcony and sustained the tears to the neck muscles, in addition to the rest of the neck damage. You don't get that pattern of tearing damage (with substantial arterial hemorrhage into the muscles, which occurs with a beating heart) and injury from manual or ligature strangulation.

Nor would you get that pattern of injuries if she was "lifted" into a hanging position posthumously from below. It's my opinion that she definitely went over the railing violently, and hung from her neck, while her heart was still beating. That doesn't preclude a partial strangulation, or a strangulation to unconsciousness, or blows to the head, before she went over.

I think this "process" was murder; some think it was suicide.

 

[LuckyLucy2]

IMO, the autopsy clearly demonstrates that Rebecca was alive (with a beating heart) when she went over the balcony and sustained the tears to the neck muscles, in addition to the rest of the neck damage. You don't get that pattern of tearing damage (with substantial arterial hemorrhage into the muscles, which occurs with a beating heart) and injury from manual or ligature strangulation.

Nor would you get that pattern of injuries if she was "lifted" into a hanging position posthumously from below. It's my opinion that she definitely went over the railing violently, and hung from her neck, while her heart was still beating. That doesn't preclude a partial strangulation, or a strangulation to unconsciousness, or blows to the head, before she went over.

I think this "process" was murder; some think it was suicide.

Jonathan Lucas, the highly regarded and experienced Medical Examiner that examined the body and performed the autopsy also said that Rebecca was alive when she went over the balcony. He also noted that there were no signs of manual strangulation or defensive wounds, and IMO, correctly ruled Rebecca's death a suicide.

http://sdsheriff.net/coronado/