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

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<clipped for focus>

Thanks for the file, Lash. Hmm, so what's up with that? According to both State and Fed dockets, he withdrew as counsel for Dina in April 2015.

Pacer docket Daniel Benchoff terminated April 08, 2015
ROA #154 April 27, 2015 Notice of withdrawal of Counsel [Daniel Benchoff]



Guess that just shows how wrong you all were when you were crowing that Benchoff quit Dina because he could not work with her. Looks like they are just fine. IMO
 
From the minutes of the 7/22/15 hearing:

"THE COURT: Okay. I have somebody else's motion
for summary judgment or summary adjudication scheduled for
October 9th. Whose is that?

MR. MATHEWS: Bradley Mathews on Court Call for
Defendant Dina Shacknai. That is also ours; however, that
one we are -- we can move it to that date, if you'd like.

THE COURT: Well, I want to know, are you going
to be ready to have a motion for summary judgment on
October 9? It seems awfully ambitious.

MR. MATHEWS: We are in all likelihood not going
to be going forward with that. That can be vacated.
"

And there you have it. And discovery continues.



Is there a link for this?

TIA
 
RBBM - Question? - I thought Atty Daniel Benchoff requested to be removed from representing Dina?
<clipped for focus>

Thanks for the file, Lash. Hmm, so what's up with that? According to both State and Fed dockets, he withdrew as counsel for Dina in April 2015.

Pacer docket Daniel Benchoff terminated April 08, 2015
ROA #154 April 27, 2015 Notice of withdrawal of Counsel [Daniel Benchoff]

Guess that just shows how wrong you all were when you were crowing that Benchoff quit Dina because he could not work with her. Looks like they are just fine. IMO

It sounds like one of two things happened: (1) the judge's assistant made a mistake (because Marlys Braun does not work with Benchoff, which would be the usual reason for one attorney to "specially appear" for another), or (2) Marlys Brown had to say she was "specially appearing" for Benchoff because Benchoff's motion to withdraw had not yet been formally granted.
 
That would mean that both Rebecca and her sister LIED to police about a little 6-year old boy's fatal accident - while he lay in the ER looking like this:

View attachment 78599


However, according to the police reports, RZ stated that only she and XZ were there. Martin Rudoy - the Zahau's third of four lawyers, stated on Tricia's True Crime Radio that ONLY REBECCA AND XZ were there.

I find it disturbing that you would consistantly say that Rebecca and her sister LIED to police about a child's fatal fall - and that GS and ES killed Maxie..when it is obviously NOT TRUE.

http://www.blogtalkradio.com/websleuths/2012/08/13/tricias-true-crime-radio

http://www.blogtalkradio.com/websleuths/2012/08/13/tricias-true-crime-radio

BBM

<modsnip>Pretty sure no-one has ever said GS and/or ES killed MS. Ever.
 
BBM

<modsnip> Pretty sure no-one has ever said GS and/or ES killed MS. Ever.

>modsnip<



<modsnip>InParadise's words are easily searchable:

BBM
Inparadise 08-03-2013, 05:17 PMThose two kids were on a 1:45 flight on DELTA from San Diego to Atlanta, with a connection to SC......... I have 3 reliable sources of that information. The reason that the mother is silent is because she is trying to protect her child from LE and the media a out what really happened to Maxie, because GS was involved.....IMO!

http://www.websleuths.com/forums/archive/index.php/t-181350-p-2.html

For what it's worth, I think it is a horrible thing to post about a big sister who lost the little brother I'm sure she adored. So callous, IMO.

But it did make me wonder, since GS left at 6 am to fly back to her Mother, WHY did Rebecca NEVER call XZ's "mother" after Max's accident, or before she put her on the flight. You would think that she would want XZ's "mother" to know what was going on...but she only calls Mary. Hmmmmmmmm.

JMO
 
<modsnip> InParadise's words are easily searchable:



For what it's worth, I think it is a horrible thing to post about a big sister who lost the little brother I'm sure she adored. So callous, IMO.

But it did make me wonder, since GS left at 6 am to fly back to her Mother, WHY did Rebecca NEVER call XZ's "mother" after Max's accident, or before she put her on the flight. You would think that she would want XZ's "mother" to know what was going on...but she only calls Mary. Hmmmmmmmm.

JMO

<modsnip >stating GS was involved is in no way saying that ANYONE murdered Max. I have been following this case since Rebecca died. The belief of many people is that something unfortunate happened that morning with Max and, simply said, there were others at the mansion that were present that morning other than just Rebecca and her minor sister &#8211; the cover up of which was the impetus for Rebecca&#8217;s murder. And please don&#8217;t go into the &#8216;why would Rebecca and her sister lie&#8217;&#8230;&#8230;&#8230;..because it&#8217;s a very big house, it was chaotic with lots of kids running around during summer break and it probably was not clear exactly what DID happen to Max from Rebecca and her sister's perspective.

Bluntly put, there appears to have been a cover up of the real facts IMO and many other&#8217;s opinions. So please don&#8217;t twist the theories. No one has ever, to my knowledge or from what I&#8217;ve read on this or other forums, alleged that Max was murdered except for Dina accusing Rebecca and her sister of murdering Max which is well-documented.

There are a number of theories put out there including planking (also on MSM) in which Max&#8217;s sister may have taken pictures (evidence was collected at the scene of cameras being taken), perhaps JS was not really at the gym and was there at the scene (Dina would have really used this to her advantage, if true, especially if a custody battle was going to take place), etc. I personally believe it was a tragic accident and in a panic a story was fabricated by those really in the know (not Rebecca or her sister) for publicity reasons at a sensitive time for JS company (trying to sell the business). Foolish, but nonetheless plausible. A panicked response from which there was no return as things started playing out.

All my opinion based on enlightenment from law enforcement responses, the parties&#8217; statements, the evidence thus put forward, the lack of follow through on witnesses and other evidence (confirmation bias by SDSO), experts&#8217; responses, the WDS suit and its progression and my gut feeling. The true tragedy here is that two people are dead. IMO one (poor Max) by accident and two (Rebecca) by murder with a manipulated and orchestrated methodology.
 
^^^ There was NEVER an MSM article that said Max&#8217;s sister may have taken pictures of Max planking, NEVER an MSM article that said perhaps JS was not really at the gym, and NEVER an MSN article saying ia custody battle was going to take place. You are so wrong about that.

These are all just vicious rumors, at the expense of a dead little 6-year old boy. How can the Zahau posters hate a little dead boy so much?

Yes, two people are dead. And only RZ and XZ were there when Max was hurt. No one else. It is in the police report and the Zahau's own attorney has confirmed it. That is an opinion based on FACT.

As much as the Zahau camp tries to say that Jonah's older children were there, it simply isn't true. I have posted links on this page that PROVES that.

IMO, the Zahaus have not stopped this rumor because it takes the spot light off of the teen that really was there. The one that had lots of reason to be jealous of little Maxie.

How did RZ know XZ was in the shower, upstairs where Max was - when she was in the bathroom downstairs? The officers that were there that day did not check to see if XZ's hair was wet - we learned that from the Phoenix Magazine article. Talk about a rush to judgement!

And XZ is the teen that arrived only 18 hours before Max was hurt, and then quickly sent out of town the very next day, when she had been scheduled for a much longer visit.

So the Zahau camp is saying that both Rebecca and her sister LIED about Max's accident, while he look like this:

image.jpg

Boy, that sure would have been cold and callous.

Rebecca and XZ would have known the night before that GS and ES were leaving about 6 a.m. They may have even gotten up that morning to say goodbye as Jonah drove the older kids to the airport.

Rebecca, Jonah, GS, ES, Kimberly James, and XZ would have no reason to lie about such a thing. And to think that six people would keep this secret from the police is simpy not rational, IMO.

This would also mean that Rebecca Zahau may have killed herself because she felt guilt for lying to the police since Rebecca's death was ruled a suicide after a seven-week long investigation involving 15 detectives and four law enforcement agencies.

Don't you realize what a vile, dishonorable, and horrible person this makes Rebecca Zahau out to be? After all, it is she that told the police ONLY she and her sister were there.

This rumor makes no sense at all.

JMO
 
^^^ There was NEVER an MSM article that said Max’s sister may have taken pictures of Max planking, NEVER an MSM article that said perhaps JS was not really at the gym, and NEVER an MSN article saying ia custody battle was going to take place. You are so wrong about that.

These are all just vicious rumors, at the expense of a dead little 6-year old boy. How can the Zahau posters hate a little dead boy so much?

Yes, two people are dead. And only RZ and XZ were there when Max was hurt. No one else. It is in the police report and the Zahau's own attorney has confirmed it. That is an opinion based on FACT.

As much as the Zahau camp tries to say that Jonah's older children were there, it simply isn't true. I have posted links on this page that PROVES that.

IMO, the Zahaus have not stopped this rumor because it takes the spot light off of the teen that really was there. The one that had lots of reason to be jealous of little Maxie.

How did RZ know XZ was in the shower, upstairs where Max was - when she was in the bathroom downstairs? The officers that were there that day did not check to see if XZ's hair was wet - we learned that from the Phoenix Magazine article. Talk about a rush to judgement!

And XZ is the teen that arrived only 18 hours before Max was hurt, and then quickly sent out of town the very next day, when she had been scheduled for a much longer visit.

So the Zahau camp is saying that both Rebecca and her sister LIED about Max's accident, while he look like this:

View attachment 78625

Boy, that sure would have been cold and callous.

Rebecca and XZ would have known the night before that GS and ES were leaving about 6 a.m. They may have even gotten up that morning to say goodbye as Jonah drove the older kids to the airport.

Rebecca, Jonah, GS, ES, Kimberly James, and XZ would have no reason to lie about such a thing. And to think that six people would keep this secret from the police is simpy not rational, IMO.

This would also mean that Rebecca Zahau may have killed herself because she felt guilt for lying to the police since Rebecca's death was ruled a suicide after a seven-week long investigation involving 15 detectives and four law enforcement agencies.

Don't you realize what a vile, dishonorable, and horrible person this makes Rebecca Zahau out to be? After all, it is she that told the police ONLY she and her sister were there.

This rumor makes no sense at all.

JMO

Ive tried to be supportive of your stand in the whole case, but when I hear something that sounds over the top drama dripping outrageous and inflammatory comments such as accusing people of hating max, it just simply sounds narcissistic and bi-polar. AND its ridiculous. Just one more person now on this site--that tried to uphold opposing views and consider them, that's having to choose the ignore feature.
 
^^^ There was NEVER an MSM article that said Max’s sister may have taken pictures of Max planking, NEVER an MSM article that said perhaps JS was not really at the gym, and NEVER an MSN article saying ia custody battle was going to take place. You are so wrong about that.

These are all just vicious rumors, at the expense of a dead little 6-year old boy. How can the Zahau posters hate a little dead boy so much?

Yes, two people are dead. And only RZ and XZ were there when Max was hurt. No one else. It is in the police report and the Zahau's own attorney has confirmed it. That is an opinion based on FACT.

As much as the Zahau camp tries to say that Jonah's older children were there, it simply isn't true. I have posted links on this page that PROVES that.

IMO, the Zahaus have not stopped this rumor because it takes the spot light off of the teen that really was there. The one that had lots of reason to be jealous of little Maxie.

How did RZ know XZ was in the shower, upstairs where Max was - when she was in the bathroom downstairs? The officers that were there that day did not check to see if XZ's hair was wet - we learned that from the Phoenix Magazine article. Talk about a rush to judgement!

And XZ is the teen that arrived only 18 hours before Max was hurt, and then quickly sent out of town the very next day, when she had been scheduled for a much longer visit.

So the Zahau camp is saying that both Rebecca and her sister LIED about Max's accident, while he look like this:

View attachment 78625

Boy, that sure would have been cold and callous.

Rebecca and XZ would have known the night before that GS and ES were leaving about 6 a.m. They may have even gotten up that morning to say goodbye as Jonah drove the older kids to the airport.

Rebecca, Jonah, GS, ES, Kimberly James, and XZ would have no reason to lie about such a thing. And to think that six people would keep this secret from the police is simpy not rational, IMO.

This would also mean that Rebecca Zahau may have killed herself because she felt guilt for lying to the police since Rebecca's death was ruled a suicide after a seven-week long investigation involving 15 detectives and four law enforcement agencies.

Don't you realize what a vile, dishonorable, and horrible person this makes Rebecca Zahau out to be? After all, it is she that told the police ONLY she and her sister were there.

This rumor makes no sense at all.

JMO

My statement relative to MSM only applied to the planking (not the other statements) which WAS published and has been discussed many times. It was later retracted.
 
Correct me if I'm wrong, but didn't Ann Rule, someone who is most ALWAYS quoted, as fact no less, by that particular poster, print something about MS planking???
 
Ive tried to be supportive of your stand in the whole case, but when I hear something that sounds over the top drama dripping outrageous and inflammatory comments such as accusing people of hating max, it just simply sounds narcissistic and bi-polar. AND its ridiculous. Just one more person now on this site--that tried to uphold opposing views and consider them, that's having to choose the ignore feature.

Narcisstic and bi-polar? Wow. That certainly is a big judgement based off of one statement. But that is how most of the Zahau crowd seem to come to their conclusions.

Yes, I believe that to spread such vicious and untruthful rumors about a little boy's fatal accident shows that these posters have contempt and hate for a precious little soul - and his siblings - simply because he was unfortunate enough to be under the care of Rebecca Zahau, and they have no qualms about using his life as cannon fodder. Disgusting to me.

Funny, I haven't seen you saying that those in the Zahau camp that say people who believe the finding of suicide "must hate Rebecca' are "narcisstic and bi-polar". And there have been hundreds of posts about THAT. But according to your logic, they must be "narcisstic and bi-polar", too?

Please, you have always been on the Zahau side.

Your comment simply is not rational.

JMO
 
A letter from Roy Black, one of the nation's premier trial lawyers with 40+ years’ experience as a criminal defense attorney to Cyril Wecht.

Dear Cyril ...

What raised my level of interest to “intense” was the family’s media campaign to hang a false murder charge on Jonah Shacknai. ...

The Zahaus and their legal team used these television appearances in a fiercely determined effort to whip-up a virtual lynch mob and march them down to San Diego. ... I can understand the family not accepting the verdict of suicide but using lawyers to turn this into a made-for-television murder is just too much for me to stomach. ...

My point is that there was no crime here and no one except Rebecca is responsible for her death. ...

If anyone has “jumped the fence” it is the family’s legal team. They are experienced litigators, yet in their appearances on show after show they seem to be seeking to charge an innocent man or some unknown family member with a phony murder. ...

So prior to your autopsy and prior to “reporting” to the Dr. Phil audience, you had made conclusions. ...

One reason I took this on was in deference to the feelings of Mr. Shacknai. Imagine having your young son die under these circumstances and then your long time girlfriend hanging herself at your house. And then people take to the news media with veiled claims you had her killed. I find this offensive and intend to keep up my criticism of it. I hate lynch mobs, both literal and virtual.

full article at:
http://www.royblack.com/blog/dr-phil’s-autopsy


I'm with Roy Black on this. I too, hate lynch mobs that try to frame innocent people for murder, especially in a case that was determined to be a suicide.

I hope that the good Roy Black is behind the scenes, advising Dina, Nina, and Adam's legal teams.
 
snipped comment from Roy Black's comments above,

"I have always advocated there was no crime, or if there was, my client didn’t do it, or my client was not responsible for it. I talk to police and prosecutors almost everyday. I always applaud the police and prosecutors when they announce my client didn’t commit a crime. So what is different here?"

Apparently after 40 years of advocating "there was no crime" NOTHING HAS CHANGED.....
 
^ When there IS no crime, there IS NO CRIME. See how that works?

And since the <modsnip> has not ONE smidgen on evidence that anyone other than Rebecca Zahau was in that room or on that balcony, they don't have much of a chance of winning this lawsuit - or even seeing it go to a jury trial...JMO.

Judges ususally don't like seeing innocent people being <modsnip> on murder charges either...JMO.
 
Rebecca Zahau case: New documents...new footprints?
Posted on September 21, 2011 by Valhall

Several interesting pieces of information were made public yesterday when three search warrants from the investigation into Rebecca Zahau’s death were released. Included within those documents were statements by the investigators that contradict what has been repeatedly reported since the investigation began – namely, that Jonah Shacknai was at the bedside of Max at the hospital when Rebecca died. In addition, a RadarOnline article containing pictures of the balcony appear to show shoe prints previously not mentioned by law enforcement.

The Documents

Three search warrants were released yesterday from the investigation into Rebecca’s hanging death. They include:

•A search warrant to obtain the cell phone records on an AT&T cell phone owned by either Jonah or Dina Shacknai for the time period from July 11 at 10:00 a.m. to July 13 at noon.

&#8232;•A search warrant to obtain evidence, and a list of items obtained, during a search of the Shacknai mansion.

•A search warrant to obtain the cell phone records on a Verizon cell phone owned by either Jonah or Dina Shacknai for the same time period listed in #1.


It was previously reported (over and over) that Jonah Shacknai was at the hospital, more specifically “at Max’s bedside”, when Rebecca’s body was discovered. However, in the Probable Cause section of the application for a search warrant to obtain cell phone records it states that Jonah Shacknai received a text message at 6:48 a.m. on July 13th from his brother, Adam, informing “Rebecca had hung herself”. Further in that section it is revealed that not only was Jonah Shacknai not at Max’s bedside when he received that text message, he was not at Max’s bedside when Adam found Rebecca, and, more importantly, he was not at Max’s bedside during the period when Rebecca Zahau is believed to have died.

From the document:

On July 15, 2011, Detective Norton and I re-interviewed Jonah Shacknai...[On the night of July 12th] [h]e left the hospital around 0100 hours and went to the Ronald McDonald House...He returned to the hospital on July 13, 2011, at about 0700 hours...

That Jonah was not there at the time Rebecca’s body was discovered is further confirmed by statements obtained from Dina Shacknai:

[Dina] returned to the hospital on July 12, 2011, at about 2000 hours. She stayed at the hospital and was at the hospital on July 13, 2011, at about 0700 hours when she received a call from Jonah. Jonah told her Rebecca killed herself.

In addition, it had previously been reported that Adam had “passed a polygraph”. That’s not technically accurate. Adam was assumed to be honest during the polygraph. Let’s see what the document states, exactly about this issue:

On July 13, 2011...Detectives Lebitski and Hillen facilitated a polygraph examination of Adam Shacknai with Polygrapher Paul Redden. Redden said based on the analysis of the polygraph charts he couldn’t draw a conclusion, but felt Adam was being honest during the examination.

Another area that had been falsely reported was revealed in the documents as well. It had been previously reported that Rebecca was never at the hospital after Max was placed in ICU. However, the document states that after Rebecca picked Adam up from the airport on July 12th, they went to the hospital.

Rebecca and Adam came to the hospital to pick up Jonah and his friend, Howard. They left the hospital, dropped off Howard at the airport then went to eat some dinner. Jonah returned to the hospital around 2000 hours and Dina was still there. Rebecca and Adam returned to the residence in Coronado.

Also, it is confirmed in the documents that from July 11th, the day of Max’s accident, Dina and Jonah Shacknai would have known that Max was most likely not going to recover.

On July 11, 2011...Maxfield’s prognosis was unknown, but it was not likely he would recover from the injuries he suffered.

This “family” has the oddest way of communicating tragic events I’ve ever seen in my life. Jonah alleges that he “left a voice mail” for Rebecca at 12:30 a.m. on July 13th that stated that Max’s condition had turned grave and his death was imminent. He had just seen her a few hours earlier at the hospital and at dinner and had not broken this news to her. No where in these documents does it state that around midnight on July 12th Dina and Jonah Shacknai were informed by a physician that Max had made a drastic “turn for the worse” and would not survive.

I guess it is okay to assume (for the time being) that since investigators did obtain Jonah Shacknai’s cell phone records they were able to confirm he did, in fact, make some type of call to Rebecca Zahau’s phone, but we still haven’t seen the documents to prove that out. With Rebecca checking her voice mail at 12:50 a.m. (which most likely was due to her either being awake at that time or be awoken by an audible indication from her phone that she had a message), it appears that he may not have actually called her, but, as Hinky member lily suggested, may have recorded a voicemail on his phone and then sent that voicemail to Rebecca’s number. This could also explain why no incoming call was shown on Rebecca’s cell phone.

That Jonah would break this tragic news to Rebecca in this manner is hard enough to understand, considering he’d had the opportunity to do so in person earlier, but that Rebecca did not immediately attempt to call him back once she heard the voice message is even more mind-blowing. If a voice message was confirmed to be sent by Jonah to Rebecca at 12:30 a.m., my personal opinion is that it did not just contain the message Jonah states it did – if it contained that message at all. While the whole Shacknai family may be dysfunctional in how they communicate with each other during family tragedies, that doesn’t necessarily mean Rebecca would have reacted the same way and not even attempted to contact Jonah.

That their communications are wonker is further evident in how Jonah Shacknai was informed of Rebecca’s death. Adam Shacknai, by all indications in the documents, didn’t even attempt to call his brother but just informed him of Rebecca’s “suicide” by sending a text message! How the hell did Adam break that news in a text???

Miss Otis regrets she’s unable to lunch today???

The only account of normal communications in the entire document is when Rebecca called Jonah and directly told him about Max’s accident on the 11th, and then Jonah calling Dina and directly telling her of Rebecca’s “suicide”. While it appears he didn’t attempt to speak directly with Rebecca about Max’s impending death, at least he spoke directly with his ex-wife about Rebecca “killing herself”.

And, yes, that’s how Adam reported it to Jonah. Not only did he tell Adam that Rebecca had killed herself, but he told 911 that she had when he first found her. I guess the bizarre scene he encountered with her being completely nude with her wrists and ankles bound and a gag in her mouth didn’t register. She’s hanging there therefore she killed herself.

The items taken from the Shacknai mansion are listed as:

knife
pair black goves
paper towel w/red stains
box w/paint supplies
Dr. Pepper bottle
Clothing
Flip camera
Basket w/cameras
Stain kit
Clump of hair
Document addressed to Jonah
Tissue w/red stain
Clothing
Hair
Receipt for paint supplies
Candle
Water bottle
Bedding
2 red plastic cups
Underwear
Black latex glove
Table

Greeting card
Paper w/writing
Bedding
Butcher knife
Steak knife
White plastic bag
Rope

Samsung cell phone
Paint brush
Stain kit
Small paint brush
Green & white striped towel
Bedroom door

Tube of black paint
Laptop computer
Mac computer
Olympus camera
Lumix camera
Swab kit

Swab kit
Swab kit
DNA swab
Print cards


I would say that I’m looking forward to seeing the findings on forensic testing for many of the items listed above, but odds are that’s not going to happen any time soon. Why? Because Jonah Shacknai just sent a letter to the California Attorney General’s office asking them to reopen the investigation of Rebecca and Max’s deaths. Of course, the investigation into Rebecca’s death needs to be re-opened. However, once that is done, no further information will likely be released either to the public...or the Zahau family. Why is Jonah requesting that the investigation into Max’s death be re-opened, by the way?

The Pictures

So the Zahau family has hired a forensic expert. Dr. Maurice Godwin is a investigative psychologist who works in crime scene reconstruction. He has a consulting firm Godwin Trial & Forensic Consultancy, Inc.

In an interview with RadarOnline, Mr. Godwin disclosed what, if accurate, is definitely “bombshell” discoveries in previously released photographs of the footprints on the balcony.

Please remember that the number one evidentiary basis for declaring Rebecca’s death a suicide was that ONLY her footprints were on the dusty balcony and the bottom of her feet were dirty.

Mr. Godwin takes issue with that. According to Mr. Godwin’s finding there are two similar shoe prints that were not indicated by the investigators. One is where investigators had marked Rebecca’s footprints just outside the threshold of the door, and the other was possibly partially destroyed by the “boot print” law enforcement has stated was confirmed to be that of a police officer.

Dr. Godwin was quite critical of law enforcement contaminating the crime scene prior to taking preservative measures, including photographing and videotaping an area that would ultimately be used as the primary factor in declaring a possible homicide a suicide.

And on that issue, Dr. Godwin, in an interview with KFMB Channel 8, states:

&#8232;I think this is clearly a murder, yes,” said Dr. Godwin. “This places someone in that room on that balcony other than the victim and the (Coronado police) officer.

Please remember, as previously pointed out in this article, the “boot print”, which now appears to have been on top of an initial shoe print, is almost directly in line with the area of the railing which appears to be where Rebecca’s body went over. An area, as also pointed out in that article, to be virtually impossible for Rebecca to fling herself over when she was standing in the location of her “toeprints”.

Valhall.

References:
http://www.cbs8.com/story/15505829/some-shacknai-search-warrants-to-be-unsealed
http://www.radaronline.com/exclusiv...hau-suicide-footprints-found-balcony-reveals- forensic-expert
http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-164.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-165.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41432.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41373.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41290.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41227.pdf
 

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^^^ None of that information is new. We knew Jonah was at Ronald McDonald house. We knew (I knew) Rebecca saw Max. We know Adam was thought to have been truthful on his polygraph.

Rebecca simply called Jonah and held the phone out for him to hear the commotion going on in the foyer - did not even speak to him, according to Nina's report of the 911 call. Hardly normal, IMO.

Dr. Godwin thinks he can see something in a PHOTO that the 15 investigators could not see? Ridiculous.

Adam and Jonah immediately thought it was a suicide - I would imagine, based on the how Rebecca was acting and what she was saying - or not saying - the day before. Elementary, my dear Watson.

JMO
 
Rebecca Zahau case: New documents...new footprints?
Posted on September 21, 2011 by Valhall

Several interesting pieces of information were made public yesterday when three search warrants from the investigation into Rebecca Zahau&#8217;s death were released. Included within those documents were statements by the investigators that contradict what has been repeatedly reported since the investigation began &#8211; namely, that Jonah Shacknai was at the bedside of Max at the hospital when Rebecca died. In addition, a RadarOnline article containing pictures of the balcony appear to show shoe prints previously not mentioned by law enforcement.

The Documents

Three search warrants were released yesterday from the investigation into Rebecca&#8217;s hanging death. They include:

&#8226;A search warrant to obtain the cell phone records on an AT&T cell phone owned by either Jonah or Dina Shacknai for the time period from July 11 at 10:00 a.m. to July 13 at noon.

&#8232;&#8226;A search warrant to obtain evidence, and a list of items obtained, during a search of the Shacknai mansion.

&#8226;A search warrant to obtain the cell phone records on a Verizon cell phone owned by either Jonah or Dina Shacknai for the same time period listed in #1.


It was previously reported (over and over) that Jonah Shacknai was at the hospital, more specifically &#8220;at Max&#8217;s bedside&#8221;, when Rebecca&#8217;s body was discovered. However, in the Probable Cause section of the application for a search warrant to obtain cell phone records it states that Jonah Shacknai received a text message at 6:48 a.m. on July 13th from his brother, Adam, informing &#8220;Rebecca had hung herself&#8221;. Further in that section it is revealed that not only was Jonah Shacknai not at Max&#8217;s bedside when he received that text message, he was not at Max&#8217;s bedside when Adam found Rebecca, and, more importantly, he was not at Max&#8217;s bedside during the period when Rebecca Zahau is believed to have died.

From the document:

On July 15, 2011, Detective Norton and I re-interviewed Jonah Shacknai...[On the night of July 12th] [h]e left the hospital around 0100 hours and went to the Ronald McDonald House...He returned to the hospital on July 13, 2011, at about 0700 hours...

That Jonah was not there at the time Rebecca&#8217;s body was discovered is further confirmed by statements obtained from Dina Shacknai:

[Dina] returned to the hospital on July 12, 2011, at about 2000 hours. She stayed at the hospital and was at the hospital on July 13, 2011, at about 0700 hours when she received a call from Jonah. Jonah told her Rebecca killed herself.

In addition, it had previously been reported that Adam had &#8220;passed a polygraph&#8221;. That&#8217;s not technically accurate. Adam was assumed to be honest during the polygraph. Let&#8217;s see what the document states, exactly about this issue:

On July 13, 2011...Detectives Lebitski and Hillen facilitated a polygraph examination of Adam Shacknai with Polygrapher Paul Redden. Redden said based on the analysis of the polygraph charts he couldn&#8217;t draw a conclusion, but felt Adam was being honest during the examination.

Another area that had been falsely reported was revealed in the documents as well. It had been previously reported that Rebecca was never at the hospital after Max was placed in ICU. However, the document states that after Rebecca picked Adam up from the airport on July 12th, they went to the hospital.

Rebecca and Adam came to the hospital to pick up Jonah and his friend, Howard. They left the hospital, dropped off Howard at the airport then went to eat some dinner. Jonah returned to the hospital around 2000 hours and Dina was still there. Rebecca and Adam returned to the residence in Coronado.

Also, it is confirmed in the documents that from July 11th, the day of Max&#8217;s accident, Dina and Jonah Shacknai would have known that Max was most likely not going to recover.

On July 11, 2011...Maxfield&#8217;s prognosis was unknown, but it was not likely he would recover from the injuries he suffered.

This &#8220;family&#8221; has the oddest way of communicating tragic events I&#8217;ve ever seen in my life. Jonah alleges that he &#8220;left a voice mail&#8221; for Rebecca at 12:30 a.m. on July 13th that stated that Max&#8217;s condition had turned grave and his death was imminent. He had just seen her a few hours earlier at the hospital and at dinner and had not broken this news to her. No where in these documents does it state that around midnight on July 12th Dina and Jonah Shacknai were informed by a physician that Max had made a drastic &#8220;turn for the worse&#8221; and would not survive.

I guess it is okay to assume (for the time being) that since investigators did obtain Jonah Shacknai&#8217;s cell phone records they were able to confirm he did, in fact, make some type of call to Rebecca Zahau&#8217;s phone, but we still haven&#8217;t seen the documents to prove that out. With Rebecca checking her voice mail at 12:50 a.m. (which most likely was due to her either being awake at that time or be awoken by an audible indication from her phone that she had a message), it appears that he may not have actually called her, but, as Hinky member lily suggested, may have recorded a voicemail on his phone and then sent that voicemail to Rebecca&#8217;s number. This could also explain why no incoming call was shown on Rebecca&#8217;s cell phone.

That Jonah would break this tragic news to Rebecca in this manner is hard enough to understand, considering he&#8217;d had the opportunity to do so in person earlier, but that Rebecca did not immediately attempt to call him back once she heard the voice message is even more mind-blowing. If a voice message was confirmed to be sent by Jonah to Rebecca at 12:30 a.m., my personal opinion is that it did not just contain the message Jonah states it did &#8211; if it contained that message at all. While the whole Shacknai family may be dysfunctional in how they communicate with each other during family tragedies, that doesn&#8217;t necessarily mean Rebecca would have reacted the same way and not even attempted to contact Jonah.

That their communications are wonker is further evident in how Jonah Shacknai was informed of Rebecca&#8217;s death. Adam Shacknai, by all indications in the documents, didn&#8217;t even attempt to call his brother but just informed him of Rebecca&#8217;s &#8220;suicide&#8221; by sending a text message! How the hell did Adam break that news in a text???

Miss Otis regrets she&#8217;s unable to lunch today???

The only account of normal communications in the entire document is when Rebecca called Jonah and directly told him about Max&#8217;s accident on the 11th, and then Jonah calling Dina and directly telling her of Rebecca&#8217;s &#8220;suicide&#8221;. While it appears he didn&#8217;t attempt to speak directly with Rebecca about Max&#8217;s impending death, at least he spoke directly with his ex-wife about Rebecca &#8220;killing herself&#8221;.

And, yes, that&#8217;s how Adam reported it to Jonah. Not only did he tell Adam that Rebecca had killed herself, but he told 911 that she had when he first found her. I guess the bizarre scene he encountered with her being completely nude with her wrists and ankles bound and a gag in her mouth didn&#8217;t register. She&#8217;s hanging there therefore she killed herself.

The items taken from the Shacknai mansion are listed as:

knife
pair black goves
paper towel w/red stains
box w/paint supplies
Dr. Pepper bottle
Clothing
Flip camera
Basket w/cameras
Stain kit
Clump of hair
Document addressed to Jonah
Tissue w/red stain
Clothing
Hair
Receipt for paint supplies
Candle
Water bottle
Bedding
2 red plastic cups
Underwear
Black latex glove
Table

Greeting card
Paper w/writing
Bedding
Butcher knife
Steak knife
White plastic bag
Rope

Samsung cell phone
Paint brush
Stain kit
Small paint brush
Green & white striped towel
Bedroom door

Tube of black paint
Laptop computer
Mac computer
Olympus camera
Lumix camera
Swab kit

Swab kit
Swab kit
DNA swab
Print cards


I would say that I&#8217;m looking forward to seeing the findings on forensic testing for many of the items listed above, but odds are that&#8217;s not going to happen any time soon. Why? Because Jonah Shacknai just sent a letter to the California Attorney General&#8217;s office asking them to reopen the investigation of Rebecca and Max&#8217;s deaths. Of course, the investigation into Rebecca&#8217;s death needs to be re-opened. However, once that is done, no further information will likely be released either to the public...or the Zahau family. Why is Jonah requesting that the investigation into Max&#8217;s death be re-opened, by the way?

The Pictures

So the Zahau family has hired a forensic expert. Dr. Maurice Godwin is a investigative psychologist who works in crime scene reconstruction. He has a consulting firm Godwin Trial & Forensic Consultancy, Inc.

In an interview with RadarOnline, Mr. Godwin disclosed what, if accurate, is definitely &#8220;bombshell&#8221; discoveries in previously released photographs of the footprints on the balcony.

Please remember that the number one evidentiary basis for declaring Rebecca&#8217;s death a suicide was that ONLY her footprints were on the dusty balcony and the bottom of her feet were dirty.

Mr. Godwin takes issue with that. According to Mr. Godwin&#8217;s finding there are two similar shoe prints that were not indicated by the investigators. One is where investigators had marked Rebecca&#8217;s footprints just outside the threshold of the door, and the other was possibly partially destroyed by the &#8220;boot print&#8221; law enforcement has stated was confirmed to be that of a police officer.

Dr. Godwin was quite critical of law enforcement contaminating the crime scene prior to taking preservative measures, including photographing and videotaping an area that would ultimately be used as the primary factor in declaring a possible homicide a suicide.

And on that issue, Dr. Godwin, in an interview with KFMB Channel 8, states:

&#8232;I think this is clearly a murder, yes,&#8221; said Dr. Godwin. &#8220;This places someone in that room on that balcony other than the victim and the (Coronado police) officer.

Please remember, as previously pointed out in this article, the &#8220;boot print&#8221;, which now appears to have been on top of an initial shoe print, is almost directly in line with the area of the railing which appears to be where Rebecca&#8217;s body went over. An area, as also pointed out in that article, to be virtually impossible for Rebecca to fling herself over when she was standing in the location of her &#8220;toeprints&#8221;.

Valhall.

References:
http://www.cbs8.com/story/15505829/some-shacknai-search-warrants-to-be-unsealed
http://www.radaronline.com/exclusiv...hau-suicide-footprints-found-balcony-reveals- forensic-expert
http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-164.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-165.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41432.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41373.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41290.pdf
http://ftpcontent.worldnow.com/kfmb/misc/warrant_41227.pdf

In a nutshell..... yes!
 
I have asked so many people what they would think or do if they came upon a person hanging from a balcony with their hands bound behind them, their feet bound, and a shirt stuffed in their mouth. First thought, would they think this was a suicide or homicide? Not one person said they would think it was a suicide. Not one! Exactly the opposite, all said they would call 911 to report a possible murder. Yet Adam, who claimed to hardly know Rebecca immediately concluded "got a girl that hung herself". Kind of hinky, in my opinion.

ETA - Jonah was TOLD by his brother Rebecca killed herself. It was put in his head by a text message before even talking to his brother.
 
^ I bet if those people had been around that person the day before and she was acting hinky and very quiet and wouldn't speak much- after seeing the little boy that was injured on her watch in the ICU - they might think differently.
 
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