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

[K_Z]

Going strictly from memory here, IIRC, the "legal" issue that Dina wanted to preserve was related to one of her requests for a subpoena.

Dina and her attorneys believed that they needed a federal subpoena to have access to the Rady security video that was in evidence lockers, and that they could only do that via a federal lawsuit. There was much back and forth about this during the early months of the federal lawsuit. More than once, the plaintiffs (effectively, IMO) countered this idea that a federal subpoena was needed to have access to the Rady surveillance, and pointed out that any of the parties to the lawsuit ALREADY had access to the many (15?) DVDs of evidence from surveillance cameras at Rady-- that the party simply needed to GO TO the evidence locker to view the surveillance.

I'm not sure why that wasn't good enough for Dina to have "access" to the Rady surveillance evidence? Why would she and her attorneys not want to GO TO the evidence locker to view the evidence that they seem to believe will exonerate Dina of any involvement in Rebecca's alleged murder? Most innocent people would have no problem with going to the evidence facility to view the surveillance second by second, that would conclusively exonerate them from allegations of murder and wrongful death. Most innocent people would stridently demand that opportunity, IMO.

So, IDK if Dina's appeal to NOT dismiss the federal case, over this subpoena, is just another delay tactic? Or if somehow she believes that she needs the video surveillance evidence gently placed into her eagerly waiting hands by a lucky leprechaun fulfilling a federal subpoena?

All I know for sure is that the Rady surveillance video is AWFULLY important to this case. It either shows Dina there during the time in question, in hallways, in the parking lots, waiting rooms, elevator areas, passing thru common areas, or...... it does not.

I'm equally certain that if it does, we would have seen clips of Dina at Rady splashed all over the news and the internet years ago. Replayed and replayed and replayed. KWIM?

ETA: Oh, and remember that the Rady surveillance video that is preserved is from one hour PRIOR to Max's admission, until AFTER Rebecca's death. Dina should be on that surveillance multiple times, as she came and went from Rady. She's not invisible-- they will have her entering and leaving from public entrances, etc. over the course of several days. Like most visitors, there should be a pattern-- where she typically parked, which entrances used, path to ICU within the common corridors, waiting rooms, etc. Every inch of the common areas of pediatric hospitals is under surveillance at every hospital in this country, 24/7/365. That's a fact. Child safety from abduction is a very high priority in pediatric facilities. Multiple electronic measures.

 

[bourne]

Adam's liability claim for the WDS with Traveler's may or may not be covered under his policy. The insurance company is reserving their rights to deny coverage. Imo, I would at least say Traveler's is likely not paying for Adam's counsel.

I saw that too but didn't think too much of it. I'm wondering why it was included? Perhaps Adam's defense is being paid for out of his brother Jonah's home insurance? I suppose that can be the case as there are some insurance which covers "guest" residents of a homeowner in their homes.

So now we see how some people with a little money may manipulate the system to get "free" legal services covered.

 

[bourne]

Going strictly from memory here, IIRC, the "legal" issue that Dina wanted to preserve was related to one of her requests for a subpoena.

Dina and her attorneys believed that they needed a federal subpoena to have access to the Rady security video that was in evidence lockers, and that they could only do that via a federal lawsuit. There was much back and forth about this during the early months of the federal lawsuit. More than once, the plaintiffs (effectively, IMO) countered this idea that a federal subpoena was needed to have access to the Rady surveillance, and pointed out that any of the parties to the lawsuit ALREADY had access to the many (15?) DVDs of evidence from surveillance cameras at Rady-- that the party simply needed to GO TO the evidence locker to view the surveillance.

I'm not sure why that wasn't good enough for Dina to have "access" to the Rady surveillance evidence? Why would she and her attorneys not want to GO TO the evidence locker to view the evidence that they seem to believe will exonerate Dina of any involvement in Rebecca's alleged murder? Most innocent people would have no problem with going to the evidence facility to view the surveillance second by second, that would conclusively exonerate them from allegations of murder and wrongful death. Most innocent people would stridently demand that opportunity, IMO.

So, IDK if Dina's appeal to NOT dismiss the federal case, over this subpoena, is just another delay tactic? Or if somehow she believes that she needs the video surveillance evidence gently placed into her eagerly waiting hands by a lucky leprechaun fulfilling a federal subpoena?

All I know for sure is that the Rady surveillance video is AWFULLY important to this case. It either shows Dina there during the time in question, in hallways, in the parking lots, waiting rooms, elevator areas, passing thru common areas, or...... it does not.

I'm equally certain that if it does, we would have seen clips of Dina at Rady splashed all over the news and the internet years ago. Replayed and replayed and replayed. KWIM?

ETA: Oh, and remember that the Rady surveillance video that is preserved is from one hour PRIOR to Max's admission, until AFTER Rebecca's death. Dina should be on that surveillance multiple times, as she came and went from Rady. She's not invisible-- they will have her entering and leaving from public entrances, etc. over the course of several days. Like most visitors, there should be a pattern-- where she typically parked, which entrances used, path to ICU within the common corridors, waiting rooms, etc. Every inch of the common areas of pediatric hospitals is under surveillance at every hospital in this country, 24/7/365. That's a fact. Child safety from abduction is a very high priority in pediatric facilities. Multiple electronic measures.

Are you saying that Dina still *intentionally* did not obtain the hospital surveillance videotapes of the night in question wherein she is charged with murdering Rebecca?

 

[bourne]

BBM-

Dina's reason for appealing the federal case - Per the mediation questionnaire attached below, Appellant Dina Shacknai is alleging she suffers legal prejudice as a result.


Federal Appeal Case: 15-56805, 12/03/15

Briefly describe the result below and the main issues on appeal.

The District Court granted Plaintiffs' motion to voluntarily dismiss the action without prejudice pursuant to Rule 41(a)(2). Defendant-Appellant Dina Shacknai suffers legal prejudice as a result, rendering the order of dismissal improper.

https://www.pacer.gov

Dina's claim about "legal prejudice" makes no sense. The WDS filed in federal court sought to charge her with murdering Rebecca. If it's *dismissed* meaning that the charges are dropped and she is no longer a defendant in the suit, why would the case be considered "prejudicial" to her? She should be happy she no longer has to defend herself against a murder charge in federal court.

I believe it's a manipulative technique on her part to feign injustice because she knows she will be found guilty in the state WDS. You know, another "preemptive strike" she's trying to make in anticipation of the guilty verdict in state WDS.

 

[K_Z]

Regarding the federal case- that was dismissed 10/23/15.

Some info from AZlawyer:

http://www.websleuths.com/forums/sh...LAWYERS-No-Discussion&p=12297919#post12297919

I don't have time at the monent to look up the documents that were on PACER related to the search warrant for the Rady surveillance, and the docs discussing the "federal subpoena" desired by DS for the Rady surveillance.

As I remember, DS's attorneys wrote that they believed the surveillance was in the possession of the FBI, and for that reason they believed they needed a federal subpoena to get it. Greer discussed in the Zahau response that the surveillance was actually held by SDSO in the evidence locker, and provided the address and details in the response document. The search warrant, IIRC, was issued by the SDSO for the Rady surveillance.

If anyone has the search warrant for the Rady surveillance handy, and the docs from PACER discussing the above, perhaps they can be re-posted. I think if someone has time to go back and look at old posts in this thread (or the old one), there was a discussion about this as well.

 

[*Lash*]

Search warrant 41432 - Rady's surveillance video -

http://ftpcontent.worldnow.com/kfmb/misc/warrant_41432.pdf

Federal Case 3:13-cv-01624-W-NLS Document 60 - 1

Declaration by Bradley R. Mathews In Support of Opposition by Defendant Dina Shacknai to Plaintiffs' Motion To Stay

KZ and Bourne, I believe this is the federal document you are discussing wherein Dina wants the federal case to stay. It discusses the immigration subpoena and federal subpoena.

 

[*Lash*]

3:13-cv-01624-W-NLS Document 64-1

Atty Greer's Reply - includes exhibit of immigration letter and a copy of Rady's surveillance DVD's being held in evidence storage at Coronado PD.

 

[inthedark14]

OT

Who loves Lash & KZ?

I do! I do! Thank you guys so much!

 

[Imp]

I'm very concerned about the status of any evidence being held in storage by Coronado PD or the SDSO. How stupid and potentially corrupt will they look if the video surveillance at the hospital shows neither hide nor hair of DS during the timeframe Rebecca was killed?

How will they defend their ridiculous "cell phone triangulation" excuse or convince anyone but the willfully blind that there was no need to investigate DS's whereabouts, even though the surveillance proved she wasn't at Rady?

How will they explain that instead of investigating the Fabulous Romano sisters or the odd duck Shacknai brother, they spent their time, energy and money creating that ridiculous "reenactment" to demonstrate that the virtually impossible suicide actually happened?

How compromised will those LE departments be if the real truth of what it appears they have done is revealed? What are the chances they'll just hang their incompetence and corruption out in the open for everyone to see? Not very likely, imo.

 

[bourne]

^I disagree with your assessment Imp. The hospital videotape surveillance is in the police department hands, as clearly stated in Greer's documentation to federal court in pursuant of Dina's motion to stay re: Zahau WDS. Also the tapes have clearly been viewed by both the Zahaus/lawyers and Dina. And Dina has not produced any evidence to the contrary that the hospital tapes contain info regarding her being physically present at the hospital as an alibi to Rebecca being murdered Tues into Wed morning.

In fact, Greer's documentation states quite plainly that the hospital tapes from hour BEFORE Max was admitted to hospital to Wednesday 8am after Rebecca was found murdered were part of search warrant and the tapes were seized by the police department in Coronado.

Unless you have proof that these tapes have mysteriously disappeared, it is unwarranted for you to state otherwise. Conspiracy theories do not have a logical place without proof these videos gone awry. Do not muddy the waters further.

 

[bourne]

Search warrant 41432 - Rady's surveillance video -

http://ftpcontent.worldnow.com/kfmb/misc/warrant_41432.pdf

Federal Case 3:13-cv-01624-W-NLS Document 60 - 1

Declaration by Bradley R. Mathews In Support of Opposition by Defendant Dina Shacknai to Plaintiffs' Motion To Stay

KZ and Bourne, I believe this is the federal document you are discussing wherein Dina wants the federal case to stay. It discusses the immigration subpoena and federal subpoena.

It is curious that Dina went in such a roundabout way to obtain the Zahaus immigration status and the hospital surveillance tapes. Appears saliently to be all for some *elaborate display of feigned actions* to obtain evidence. Also appears to be a psychopathic pattern with Dina. *Elaborate concocted schemes* such as the drawn-out way Rebecca was tortured and killed -- equipped with multiple paintbrushes, paint tubes, red ropes, cryptic painting on a bedroom door, rope tied to a bedleg, hanging over an outdoor balcony, noose and t-shirt stuffed down Rebecca's throat, hands and legs bound of Rebecca...Have I excluded any other bizarre hyperbolic additions to the crime scene? Oh yes, nipple painting of Rebecca, nudity...dog bone...four contusions on Rebecca's head...

I don't believe any other crime scene has such elaborate, convoluted details as Rebecca's murder. It's like Dina got crazy insane to the nth degree and was throwing anything and everything including the kitchen sink against the wall in the crime scene set-up.

Even after the federal case is thrown out, and Dina obtained the hospital tapes and the Immigration court had turned down her request for info on Zahaus' immigration status, Dina is *still* seeking a stay in the federal case pretending to be in a state of "injustice"? Looks and sounds as illogical as the crime scene fixed display.

Look forward to the trial and seeing Dina going nuts on the stand with more elaborate grand schemes and histrionics -- perhaps she'll start bawling and shedding crocodile tears on the stand about her grief for Max despite the fact that she used Max's death to hide her guilt and solicit money from innocent people. Feel very sorry for her "friends" and "associates". Let's put it this way. For Dina to engage in all that humiliating torture and hanging of Rebecca, there would be no hesitation for her to perpetrate similar murder on one of her so-called friends/associates. Good luck people for remaining by her side. I wouldn't be caught near Dina -- not even with a 100-foot pole.

 

[Imp]

^I disagree with your assessment Imp. The hospital videotape surveillance is in the police department hands, as clearly stated in Greer's documentation to federal court in pursuant of Dina's motion to stay re: Zahau WDS. Also the tapes have clearly been viewed by both the Zahaus/lawyers and Dina. And Dina has not produced any evidence to the contrary that the hospital tapes contain info regarding her being physically present at the hospital as an alibi to Rebecca being murdered Tues into Wed morning.

In fact, Greer's documentation states quite plainly that the hospital tapes from hour BEFORE Max was admitted to hospital to Wednesday 8am after Rebecca was found murdered were part of search warrant and the tapes were seized by the police department in Coronado.

Unless you have proof that these tapes have mysteriously disappeared, it is unwarranted for you to state otherwise. Conspiracy theories do not have a logical place without proof these videos gone awry. Do not muddy the waters further.

Bold #1: Yes, the evidence, including the surveillance tapes, is presumably in LE's hands. So was the "investigation" into Rebecca's death, and we see how well that turned out. To assume any of the investigating bodies into Rebecca's death will suddenly take the high road is assuming a lot, IMO. Thus my concern. I've said from my first post here that my main beef is with the "investigators" and all LE bodies who played a role in this travesty of an investigation.

Bold #2: Of course I have no proof. I have concerns, just as I stated.

Bold #3: Conspiracy theories? With respect, I'd ask that you not accuse me of developing conspiracy theories, or of "muddying the waters further." The waters couldn't be any muddier, and there seems to have been a massive conspiracy theory in play that led to the conclusion that Rebecca's death was a suicide.

Feel free to ignore my posts going forward, Bourne. We're all here for the same reason, so let's not throw unfounded accusations at one another.

 

[bourne]

^ With respect, that's exactly what you are doing. Drawing upon conspiracy theory of LE colluding with Jonah and his wealth to watch the Zahaus crumble and fall. We already are aware of what happened in 2011 during LE investigation, e.g., that evidence collected was not analyzed or not analyzed in time, such as cellphone voicemail of Rebecca's allegedly the "suicide trigger" and that the ME didn't show up till 13 hours later, as Rebecca's nude body rotted in the hot summer sun.

Now you want to compound this conspiracy theory by adding that somehow (though you have zero proof) that the hospital surveillance videotapes will mysteriously *disappear*. Yes, I call that compounding the conspiracy theory and muddying the waters further. What would you call it? Certainly not clarification or facts. I'm advising that you refrain from such speculation until that bridge is crossed -- if indeed it will be. Until then, why add this non-fact to the already muddied case?

 

[justice be served]

Bold #1: Yes, the evidence, including the surveillance tapes, is presumably in LE's hands. So was the "investigation" into Rebecca's death, and we see how well that turned out. To assume any of the investigating bodies into Rebecca's death will suddenly take the high road is assuming a lot, IMO. Thus my concern. I've said from my first post here that my main beef is with the "investigators" and all LE bodies who played a role in this travesty of an investigation.

Bold #2: Of course I have no proof. I have concerns, just as I stated.

Bold #3: Conspiracy theories? With respect, I'd ask that you not accuse me of developing conspiracy theories, or of "muddying the waters further." The waters couldn't be any muddier, and there seems to have been a massive conspiracy theory in play that led to the conclusion that Rebecca's death was a suicide.

Feel free to ignore my posts going forward, Bourne. We're all here for the same reason, so let's not throw unfounded accusations at one another.

Imp, I agree with you. Nothing in the investigation IMO can be relied upon which has been my concern always. Garbage in - garbage out. That indeed is a sad fact.

 

[K_Z]

Are you saying that Dina still *intentionally* did not obtain the hospital surveillance videotapes of the night in question wherein she is charged with murdering Rebecca?

Of course, I have no idea if Dina and her attorneys availed themselves of the surveillance video evidence, or not. I'd guess that the plaintiffs HAVE. My understanding in civil cases (as opposed to criminal) is that the plaintiffs are under no obligation to share everything they discover with the defendants, because the standards are different (preponderance of evidence, versus BARD). But I'm equally sure that surveillance has been viewed multiple times by many different entities, including (as we know from Sheriff Gore) investigative authorities. And I'm equally convinced Dina DOES have access to the surveillance right now.

IMO, the surveillance motions and dismissal appeal are as much of an intentional "theatrical" delay tactic as the immigration motions were. IMO, Dina's very experienced attorneys knew perfectly well they would get no action or information from USCIS, and the letter rogatory process. (Just as Jonah and his attorneys knew how the AG was required to respond to his request to re-investigate Rebecca's death-- he knew the AG had no power to do that, but wanted to show that he was "doing everything he could", and force them to say "no.") Dina's attorneys, IMO, put on some "lawsuit theater" with the USCIS motions, letters rogatory, and the ridiculous appeal of the dismissed federal case. When they are turned down, they are able to look like "victims", and concurrently demonstrate "how hard" they are working to "defend" the defendant. (And, of course, bill more hours!)

So, you have to ask yourself "why" would a defendant appeal the dismissal of a case, for evidence that she would logically no longer need? AND that she already has access to? You'd think they'd be pleased to have the whole thing go away, right?

My sense is that this appeal of the dismissed case over the surveillance video is yet another "delay" tactic.

As insurance is paying Dina's legal bills and filing fees, one would also think that an insurance company would be interested in concluding the case either by going to court, or by settlement/ mediation.

That doesn't seem to be the case, here, IMO. Every indication is that the insurance company is going along with dragging out the entire process of BOTH the federal and the state cases.

Remember when Greer criticized the defendants for not using the court directed pilot program to have issues heard ex parte in a timely manner, before being put on the calendar as opposition motions? The defendants apparently were refusing to use any methods provided to unburden the court schedule, and filing motion upon motion, instead of even using the regular ex parte system.

My sense is that Dina is keeping the appeal of the dismissed federal case open to ALSO delay the progress of the state case. If/ when the state case moves closer to having a trial scheduled, more delays can be planted and nurtured as Dina will complain that she simply can't go forward to trial until the issues surrounding her "access to the evidence" in the dismissed federal case are resolved.

The real question, as I see it, is "why" would an insurance company go along with these kinds of delay tactics? If they're sure they'll win, then they'd be motivated to go to trial at this point years into the process, IMO. And if they think they'll lose, then they'd be motivated to settle for less than the $10M. No more discovery. No deposition. No risk of losing the case in court, and then having justification to push a prosecutor to re-open a criminal investigation into Rebecca's death. Delaying only costs the insurance company more money in the long run, as I see it, and leaves Dina and the other defendants vulnerable to losing, and more accusations of murder. Remember that no criminal charges were ever filed in Rebecca's death, so the investigation, theoretically, could have a legitimate basis to be re-opened for criminal charges if the defendants lose.

The willingness to drag out the conduct of both cases, says to me that the insurance company is not sure yet whether they should go to trial, or settle. It's not clear to them, IMO, whether it's more advantageous to settle or go to trial. And that just doesn't bode well for Dina's defense, IMO. To some extent, Chubb and Sons are driving the bus in both of these cases. The decision to continue the cases is not entirely Dina's and her attorney, because the insurance company holds the purse strings, and can't recoup any of their costs to defend these cases.

IMO, the clock is ticking on how long Chubb and Sons may be willing to continue these cases without either a trial date, or effective attempts at mediation/ settlement. Chubb & Sons may be pushing quite firmly behind the scenes to finish up discovery and depositions, and take this to trial within a few more months, or else get busy and enter mediation/ settlement negotiations.

The surveillance video "appeal" of the dismissed case is a red herring, IMO.

 

[*Lash*]

I saw that too but didn't think too much of it. I'm wondering why it was included? Perhaps Adam's defense is being paid for out of his brother Jonah's home insurance? I suppose that can be the case as there are some insurance which covers "guest" residents of a homeowner in their homes.

So now we see how some people with a little money may manipulate the system to get "free" legal services covered.

Unfortunately, we don't know who the Traveler's Ins policy belongs to. I agree, it is most likely Jonah's. Either a homeowners or an umbrella. I would expect to see 2 insurance companies listed if Adam had an umbrella policy. One for a claim under Jonah's and a second claim if Adam had an umbrella. Hence the reason I think the policy is Jonah's.

What Does Homeowners Insurance Cover?

4. Injuries or accidents at your house. Homeowners insurance coverage includes liability – meaning it covers you when you or your family members cause injuries or damage. This coverage also pays when your dog bites someone (medical payments) or someone falls and injures themselves.

http://www.houselogic.com/home-advi...oes-homeowners-insurance-cover/#ixzz409lTLj8O

 

[*Lash*]

Adding my thanks to all for putting up the new documents thread and uploading the files. This will be very helpful and I appreciate your work.

Ditto...Thank you to everyone who contributed! The new court doc thread is a compilation of documents shared by many different posters since the start of the WDS. Nearly 3 years worth. There is much support and passion here.

Almost 5 years later...We're still here. You guys are awesome!

 

[K_Z]

#280 posted on ROA-- Notice of Errata filed by Dina Shacknai. 26 pages.

Basically, she and her attorneys inadvertently left out page 11 from their Demurrer filed back in June 2015. They are re-filing the demurrer with the omitted page.

https://roa.sdcourt.ca.gov/roa/face...0_02-16-16_Notice_of_Errata_1455723432033.pdf

**If the link above times out, bessie will post in the documents thread when convenient.

 

[CricketFern]

After following this case for quite some time, I have some specific questions. I am new to Websleuths but suspect people here may know the answers. Can someone direct me to where I might post my questions?

Thank you

 

[Carioca]

Hi CricketFern and Welcome to Websleuths!
:welcome:

Please post your questions here and I am sure any number of the clever sleuths who have been following this case since Day One will be happy to answer them.