Wrongful Death Suit filed Nov. 13, 2013 in California, #4

[SweetT]

Okay, so in thinking through the anger toward Mary Zahau, it occurs to me that certain people probably assumed the abysmal "investigation" into Rebecca's death, having intentionally yielded no evidence of a murder, would be the end of it. Those people didn't count on the Zahaus making a big old ugly federal case of the brutal death of Rebecca, and probably didn't think it would even be possible, given the sorry performance of the SDSO. This was all just supposed to GO. AWAY. But it didn't.

The anger toward Rebecca is easy to understand - it's simply flowing from Dina's long-standing anger (hatred is probably a better word) for her. And now maybe I have a better grasp of what lies behind the unrelenting fury toward Mary Zahau. She won't go away, after all the groundwork wa$ laid to make this an un-prosecutable case.

Who laid this ground work? You think LE worked for Dina? I highly doubt that one. The hate I have seen here is toward Dina....everything Rebecca did is being blamed on Dina. I'm surprised Dina hasn't been accused of stealing yet, or living with Jonah while married.

 

[Waitaminute]

At the residence would include the owned property, yard, Etc. Further this is very important, who was there, whether inside or out. Rebecca herself was found outside. Rebecca's feet looked like she may have been outside more than once.

Nina never entered the house or courtyard. She knocked on the door. That does not make her "in the house".

 

[bourne]

I've always sort of suspected that Nina was the one who was supposed to grill Rebecca about her "involvement" in Max's accident. Or at a minimum, Nina volunteered to do it, perhaps knowing her sister was about to lose it. First Nina tried to contact RZ by phone, and when RZ didn't respond, Nina zipped on over to the mansion. When she couldn't raise RZ while standing outside the mansion gates (according to her spin-and-spew media interview), she may have called her sister to let her know RZ wasn't playing along. Dina flipped her lid, and *somehow* Rebecca ended up suffering a very brutal death within a few hours.

I believe the sequence is the opposite. Dina left hospital prior to Nina. Dina left at 6am Tues. Dina did not return to hospital till 7:30am Wed. morning when she allegedly received phonecall from Jonah stating Rebecca met her end.

Nina left hospital Tues night about 8:30. Allegedly went to Dina's summerhome around corner from Spreckels mansion. She texts Rebecca at 10-11pm. Says she wanted to meet with Rebecca to talk about Max. Also recall Nina claims she didn't touch the gate. Important extraneous detail offered by a murder suspect, don't you agree? To me this means Nina didn't have to open the gate because it was already opened -- either by Rebecca or Adam or even Dina. So no need for Nina to get her fingerprints on gate. Of course could also mean Nina used GLOVES to open the gate...

Also note how Nina specifically mentioned Rebecca gave her Rebecca's own cellphone to use for directions to hospital. Convenient way to explain away Nina's fingerprints on Rebecca's phone...

So my view is that Dina went about Tues morning through evening gathering the murder tools -- rope, knives, paintbrushes, paint, etc. -- and accosted Rebecca in the evening after Rebecca returned to Spreckels with Adam at about 8:30pm. Dina may even have been lying in wait INSIDE Spreckels for Rebecca. According to Adam, he went to guesthouse so he wouldn't have known Dina had been inside Spreckels or not. I believe Dina then AMBUSHED Rebecca inside Spreckels while Rebecca went to take shower after texting her sister. Remember last time Rebecca texted anyone was around 9pm.

I believe then Nina runs to Spreckels mansion to help Dina confront, interrogate, torture and murder Rebecca.

Not sure whether or not Adam entered the murder scene at this point or that he was stooge waking up to find Rebecca hanging from courtyard balcony across from the guesthouse.

So Dina, then Nina at Spreckels mansion. I am 100% certain this was the sequence that night Rebecca was sadistically and inexcusably murdered.

 

[justice be served]

Okay, so in thinking through the anger toward Mary Zahau, it occurs to me that certain people probably assumed the abysmal "investigation" into Rebecca's death, having intentionally yielded no evidence of a murder, would be the end of it. Those people didn't count on the Zahaus making a big old ugly federal case of the brutal death of Rebecca, and probably didn't think it would even be possible, given the sorry performance of the SDSO. This was all just supposed to GO. AWAY. But it didn't.

The anger toward Rebecca is easy to understand - it's simply flowing from Dina's long-standing anger (hatred is probably a better word) for her. And now maybe I have a better grasp of what lies behind the unrelenting fury toward Mary Zahau. She won't go away, after all the groundwork wa$ laid to make this an un-prosecutable case.

You are so correct and it occurs to me also that there is an awful lot of vitriole from posters that must have some skin in the game one way or the other. Wow, is there any other forum that is this over the top? Wow, just wow. Seems the lack of being able to "control" free speech is just driving someone nuts.

 

[justice be served]

I believe the sequence is the opposite. Dina left hospital prior to Nina. Dina left at 6am Tues. Dina did not return to hospital till 7:30am Wed. morning when she allegedly received phonecall from Jonah stating Rebecca met her end.

Nina left hospital Tues night about 8:30. Allegedly went to Dina's summerhome around corner from Spreckels mansion. She texts Rebecca at 10-11pm. Says she wanted to meet with Rebecca to talk about Max. Also recall Nina claims she didn't touch the gate. Important extraneous detail offered by a murder suspect, don't you agree? To me this means Nina didn't have to open the gate because it was already opened -- either by Rebecca or Adam or even Dina. So no need for Nina to get her fingerprints on gate. Of course could also mean Nina used GLOVES to open the gate...

Also note how Nina specifically mentioned Rebecca gave her Rebecca's own cellphone to use for directions to hospital. Convenient way to explain away Nina's fingerprints on Rebecca's phone...

So my view is that Dina went about Tues morning through evening gathering the murder tools -- rope, knives, paintbrushes, paint, etc. -- and accosted Rebecca in the evening after Rebecca returned to Spreckels with Adam at about 8:30pm. Dina may even have been lying in wait INSIDE Spreckels for Rebecca. According to Adam, he went to guesthouse so he wouldn't have known Dina had been inside Spreckels or not. I believe Dina then AMBUSHED Rebecca inside Spreckels while Rebecca went to take shower after texting her sister. Remember last time Rebecca texted anyone was around 9pm.

I believe then Nina runs to Spreckels mansion to help Dina confront, interrogate, torture and murder Rebecca.

Not sure whether or not Adam entered the murder scene at this point or that he was stooge waking up to find Rebecca hanging from courtyard balcony across from the guesthouse.

So Dina, then Nina at Spreckels mansion. I am 100% certain this was the sequence that night Rebecca was sadistically and inexcusably murdered.

This really makes sense and harkens back to my post referencing how difficult it must be for the Zahaus to give absolute specifics of the detail of what happened.

 

[xheraldina]

There is one thing bothering me for some time:
If Adam told investigators that he cut the rope on which Rebecca was hanging, and he loosened her hands, how come they couldn't find his DNA on that rope??

 

[Waitaminute]

There is one thing bothering me for some time:
If Adam told investigators that he cut the rope on which Rebecca was hanging, and he loosened her hands, how come they couldn't find his DNA on that rope??

That's a good question! And if Rebecca handled those 2 knives, why weren't her prints or dna found on both of them? If Rebecca wriggled over the railing to hang herself, why wasn't a sizeable disturbance found in the dust on the railing?

 

[Inparadise]

There is one thing bothering me for some time:
If Adam told investigators that he cut the rope on which Rebecca was hanging, and he loosened her hands, how come they couldn't find his DNA on that rope??

Because he was wearing gloves perhaps? Or maybe he never touched the rope? IMO, she was never hung........it was all staged to look like a suicide.

 

[K_Z]

New document on the San Diego ROA-- #269, a 7 page case management statement filed by the Plaintiffs. Plaintiffs are projecting 12-15 days for a trial, but no trial has been scheduled yet.

This document is most likely in preparation for the case management conference scheduled on 2/19, along with the demurrers.

02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
02/19/2016 01:30 PM C-69 Civil Case Management Conference - Complaint

Interesting info on projected discovery completion dates-- #16-- depositions of all parties is NOT yet complete:

Deposition of Parties: May 2016
Third Party Depositions: July 2016
Expert Depositions: October 2016

https://roa.sdcourt.ca.gov/roa/face...6_Case_Management_Statement_1454453302924.pdf

 

[K_Z]

And as we know from previous documents that Adam has been deposed by the plaintiffs, it's possible we can conclude from the above document that one or both of the 2 remaining defendants ("parties") has not been deposed yet by the plaintiffs-- that would be Nina, Dina, or both of them.

 

[justice be served]

And as we know from previous documents that Adam has been deposed by the plaintiffs, it's possible we can conclude from the above document that one or both of the 2 remaining defendants ("parties") has not been deposed yet by the plaintiffs-- that would be Nina, Dina, or both of them.

Gosh, It makes me wonder if the defendants are in violation of procedural due process if they have not complied.

 

[K_Z]

Gosh, It makes me wonder if the defendants are in violation of procedural due process if they have not complied.

Maybe not, justice be. Could be the plaintiffs haven't scheduled the depos yet, gathering all the discovery they can before they schedule one or both of them. IIRC, they only get one opportunity, one day, to depose a party, unless there is an objection, and the judge grants another opportunity (like with the disputed questions MZL was directed to answer.) An interesting thing to think about, IMO, is why Adam was deposed so early in the process. And apparently his depo went very smoothly-- no disputes filed, and it's been a year.

The case management document indicates the plaintiffs are still open to alternative dispute resolution, and filed the necessary documents. They checked off being open to "settlement" under ADR.

I still think there's at least a reasonably good chance of this going to trial, since the case has survived some 811 days. We'll see.

We just don't know what the discovery has produced yet-- and from the planning document, there is still about 9 months of discovery projected. If I remember correctly, I think AZlawyer indicated that an official request for summary judgement comes after discovery is done. So we potentially have a ways to go yet. We'll see what happens on Feb 19.

Very glad to read the plaintiffs have expert witnesses they plan to depose!

 

[Imp]

^^I'd like to know about potential violations as well. I realize the "wheels of justice turn slowly," but geez!

 

[K_Z]

^^I'd like to know about potential violations as well. I realize the "wheels of justice turn slowly," but geez!

Yeah. In light of some recent increased activity around the web related to this case, makes me wonder if there is "something" of real substance going on behind the scenes. Something's up, IMO.

 

[inthedark14]

Yeah. In light of some recent increased activity around the web related to this case, makes me wonder if there is "something" of real substance going on behind the scenes. Something's up, IMO.

Totally agree...it's a similar pattern we've seen before...usually just before something happens...

 

[K_Z]

Totally agree...it's a similar pattern we've seen before...usually just before something happens...

What is really interesting, IMO, is that the "increased activity" on the web is composed of extremely negative behaviors on the part of some ardent supporters of the defendants. Extended family members of the plaintiffs also appear (IMO) to be strategically targeted for harassment and bullying, as well-- when these extended family members have been irrelevant to the investigation for 4+ years. That's really interesting.

IMO, the current situation is very much like the attack on the immigration status of the plaintiffs-- manufacturing, spinning, or fabricating "anything" that could paint any friend or family member of the plaintiffs as "evil". Playing dirty, IMO, because progress with this case may not be going in the direction the supporters of the defendants desire.

"Innocence" doesn't require games, manipulation, or strategies. "Innocence" just tells the truth, and lets the truth (via discovery) speak and convince. IMO, of course.

I will also add my opinion that there are brutal, murderous tyrants and dictators who have been deposed and executed that have had nicer things said about them, than has been spread around about Rebecca and her family, by a just a few people and their "whack a mole" sockpuppets. My goodness. The white hot hate for a woman who supposedly died of suicide, dead in her grave 4+ years, is very deeply disturbing, IMO.

 

[Jessica2012]

Does anyone have any theories (nefarious and not nefarious) as to what the Zahaus immigration status has to do with anything in this case? I asked AZ lawyer, and even if something negative came to light about their immigration status, the case cannot get thrown out on a technicality. I'm not understanding how knowing the answer to that as being an advantage or disadvantage to anyone involved no matter what the answer may be.
Thanks in advance

 

[justice be served]

Does anyone have any theories (nefarious and not nefarious) as to what the Zahaus immigration status has to do with anything in this case? I asked AZ lawyer, and even if something negative came to light about their immigration status, the case cannot get thrown out on a technicality. I'm not understanding how knowing the answer to that as being an advantage or disadvantage to anyone involved no matter what the answer may be.
Thanks in advance

IMO, the stab at the Zahaus immigration status is pure classism. 'How dare these people go after me, they are just blank blanks.'

I also believe the defendants (or two of them at least) are trying their darndest to muddy the water to obscure the real purpose of the WDS. The more they can throw at the wall, the better, they incorrectly think. The intended purpose seems to be counterintuitive because it is just so transparent that instead of offering iron clad proof of innocence they drudge up irrelevant information.

And further, since you asked :thinking:, in the defendants own twisted way they are trying to play the sympathy card and I believe that is the biggest mistake of all as it points the finger at pure motive. That being, the blatant accusations made that Rebecca and/or her sister murdered Max which IMO is hogwash.

 

[K_Z]

New entry on San Diego ROA-- #270.

270 02/02/2016 Motion for Protective Order (AND TO QUASH DEPOSITION SUBPOENA OF A THIRD -PARTY WITNESS) filed by Nalepa, Neil. Nalepa, Neil (Interested Party)

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

Case Number: 37-2013-00075418-CU-PO-CTL

Interesting. I wonder whether it's the plaintiffs, or defendants, that want to depose him? And WHY?

My guess is it's the defendants-- and Dina Shacknai in particular. NN clearly has nothing to do with either Rebecca's or Max's deaths. And as his name keeps being advanced by supporters of the defendants, my sense is that it's the defendants who want to depose him. (Just as defendant Dina tried to get a foreign country to cooperate with her letter rogatory, and she wanted to depose the wife of Howard Luger, who wasn't even in California. Mrs. Luger successfully got a protective order, too.) But I could be wrong-- we'll see. Maybe it's the plaintiffs who want to depose him.

ETA: Perhaps the actual motion will be available in the next day or so. Sometimes the entries show up, and the option to view/ purchase lags and is available after.

 

[Betty P]

^^Agree, justice. It's racism, bigotry, xenophobia, harassment. Perhaps the defendants think this kind of smear tactic will appeal to a jury in an area where many people tend to have strong opinions against immigration.

The US federal government has no problems with the Zahau family's immigration status. IIRC, INS was adamant that they would not allow immigration records to be dragged into this case.