Wrongful Death Suit filed Nov. 13, 2013 in California

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I find it interesting no one one the murder side has actually discussed the Zahau's detailed claims in the Second Amended Complaint? Why is that?
 
Tell me, in a nutshell kind of way, and with a link or two please, what the new information is, please. Depending on that new information, I will discuss with Management and consider opening a new thread or two.

Thanks,

Salem

PS -- maybe alert the post also, so I will come are check it out.

Hi Salem! The Zahau's amended their complaint to include specific details. The new info is found in the amended complaint. I will try to keep it short. Thank your for your help!

Amended Lawsuit: Rebecca Zahau Beaten, Strangled, Pushed Off Balcony

http://www.nbcsandiego.com/news/loc...-Murder-Shacknai-269595631.html#ixzz3ERhFXnaD

Amended complaint - http://media.nbcbayarea.com/documents/Zahau-Amended-Complaint.pdf

GENERAL ALLEGATIONS/ STATEMENT OF FACTS

10. On or around the morning of July 13, 2011, Defendants ADAM, DINAand NINA, and each of them, conspired to plan, and did in fact, enter into a common scheme of conduct with the intent to murder REBECCA in Coronado,California, and did in fact, murder REBECCA by each of them personally committing one or more of the following acts in furtherance of the common scheme and conspiracy:

(a) striking REBECCA on the head multiple times with a blunt instrument;
(b) physically restraining her;
(c) further restraining her by binding her legs with tape;
(d) gagging her;
(e) binding her hands behind her back with rope;
(f) binding her ankles together with rope;
(g) removing the previously placed tape from her legs;
(h) strangling her to the point of unconsciousness or death;
(i) making and placing a rope noose around her neck;
(j) tying the other end of the rope leading to the noose to a bed;
(k) carrying her to the adjacent balcony and pushing her over the railing ofthe balcony causing her to fall and, if she was still alive at that time, to then die by asphyxiation.
(l) during the course of the conspiracy to murder REBECCA, each of the 2 Defendants also kept watch to avoid detection and removed evidence of the acts which they committed, including wiping down objects they had touched in order to remove DNA and finger prints; and (m) as a further ploy to cover up their wrongdoing, and in furtherance of their common scheme, Defendants painted the following words on the inside of door near the balcony where she was left hanging:

SHE SAVED HIM CAN YOU SAVE HER


11. On the morning of July 13, 2011, REBECCA was found dead, naked,bound and gagged, with a rope noose around her neck. Her cause of death was asphyxiation, which was caused by either manual strangulation before she was hanged, or from being hanged with a rope noose around her neck from the second story deck of the Coronado vacation home at which she was staying. The Coroner for the County of San Diego determined that she died on that date.

12. Each of the Defendants named herein were present at the location where the murder of REBECCA occurred and all of them actively participated in the-planning, implementation, execution and subsequent concealment of the scheme to murder REBECCA. Because the only individuals who know the true facts an sequence of events with absolute certainty are the decedent REBECCA and the Defendants themselves, the allegations made herein are made on information and belief based on the evidence that has been uncovered to date. Plaintiffs intend to seek leave to amend the Complaint as additional facts are developed and uncovered during the course of discovery.

ALLEGATIONS OF SPECIFIC ACTS ATTRIBUTED TO EACH DEFENDANT

13. Due to DINA’s prior incidents of confronting and threatening DECEDENT, DINA’s prior history of being unable to control her anger, her Due to DINA’s prior incidents of confronting and threatening her ridiculing and publicly demeaning the DECEDENT for allegedly causing harm and the eventual death of DINA’s six-year-old son, Maxfield, as well as her extreme jealousy over the DECEDENT’s relationship with her ex-husband, Jonah Shacknai,Plaintiffs allege, based in further part on an eye witness report placing DINA at the 1040 Ocean Boulevard residence the evening of the murder, that on the evening of July 12, 2011, DINA aggressively confronted the DECEDENT at the Ocean Boulevard residence, along with her sister, NINA. This confrontation arose from an accident the prior day when DINA’s son Maxfield fell over a second floor railing at the Ocean Boulevard residence, causing him brain damage and eventually his death on July 16, 2011. DECEDENT was babysitting Maxfield at the time of the fall.

14. Plaintiffs allege, based in part on the mud found on DECEDENT’s feet and four subgaleal hemorrhages on the back right side of her head, that in response to the aggressive confrontation from Defendants DINA and NINA, DECEDENT, fearing for her safety, attempted to flee the residence. However, before DECEDENT could evade her attackers, she was struck four times on the back of the head with a blunt object by DINA, rendering her unconscious. Plaintiffs believe that at this time, ADAM, who had taken an Ambien earlier in the evening and was sleeping in the guest house at the residence, was awakened by the commotion and came to the scene.

15. Once confronted with the reality that DECEDENT would eventually regain consciousness, and thereafter probably disclose information about this incident and possibly other information of a personal nature that could cause public humiliation and embarrassment to Defendants and Jonah Shacknai (i.e., the ex-husband of DINA, father of Maxfield, brother of ADAM and the boyfriend of the DECEDENT), the Defendants entered in to a conspiracy and common scheme to murder the DECEDENT and hide their involvement.

16. Due to the lack of markings on her body evidencing her being dragged back into the house, Plaintiffs allege that ADAM carried the DECEDENT back into the house. Based on the facts that DECEDENT was found naked and the clothing she was wearing on that date was not found at the scene of the murder, Plaintiffs allege that once inside the residence, the Defendants stripped off her clothing. Based on the tape residue found on DECEDENT’s legs, and the fact that no tape with similar adhesive was found at the scene, Plaintiffs allege that the Defendants first restrained DECEDENT with tape, and gagged her, while they were devising and planning the rest of the scheme, and later removed the tape from the scene.

17. Thereafter, the Defendants contrived an elaborate scheme to murder REBECCA and conceal their involvement. DINA previously resided in the residence, and thus was familiar with where to find items necessary to further the scheme, including, inter alia, the ski rope used to bind and hang the DECEDENT.

18. The final scheme agreed to that evening by the Defendants involved binding DECEDENT’s hands (behind her back) and ankles with rope they found at the residence. Plaintiffs allege that based on the knots having nautical qualities and ADAM being a tug boat captain with experience tying nautical knots, that ADAM bound the DECEDENT. Plaintiffs further base this allegation on the fact that the ropes had the same black paint residue found on DECEDENT’s nipples, thus implicating the person who tied the knots as the person who also pinched the Decedent’s nipples, and that ADAM had admitted to masturbating to *advertiser censored* on his cell phone that evening, the further inference being that the two instances of sexual behavior are consistent with ADAM’s state of mind that evening. The Defendants also placed a blue t-shirt around her neck and stuffed it in her mouth, using it as a gag to both muffle her screams and cover up any marks that would suggest murder. Based on the type of injury to DECEDENT’s throat, which commonly occurs with strangulation and is unlikely to occur with a hanging, and the amount of strength needed to create such injury, Plaintiffs allege that in the early hours of July 13, 2011, ADAM choked REBECCA to death.

19. Once they murdered REBECCA, DINA instructed ADAM to leave a cryptic message on the door outside the room where the murder was committed. The message was painted using black paint at a height that is consistent with an individual who is approximately the height of ADAM. The message read: “SHE SAVED HIM. CAN YOU SAVE HER.”

20. ADAM, based on black paint residue found on the noose, then tightened the noose around the neck of the DECEDENT and attached the rope to the base of the bed. ADAM then picked up REBECCA, then threw her over the edge of the adjacent balcony. Either DINA or NINA was sitting on the bed to which the rope was secured, to ensure that the bed remained anchored to the floor as evidenced by the bed having moved less than a foot. While the scheme was being perpetrated, Defendants DINA and NINA also acted as look outs to avoid detection and encouraged ADAM to commit the acts alleged herein. Although each of the Defendants was in part responsible for putting the DECEDENT in harms way, none of them made any effort to help her or to save her from the injuries that eventually resulted in her death.

21. The Defendants were careful to remove any evidence of their involvement, including the disposal of the tape and REBECCA’s clothes. Once the staging was complete, the Defendants fled the scene, instructing ADAM to call the police in the early morning with claims of suicide.

FIRST CAUSE OF ACTION FOR WRONGFUL DEATH

22. Plaintiffs re-allege and incorporate by reference herein paragraphs 1 though 21 of this Complaint and further allege against all Defendants as follows.

23. On or about July 13, 2011, Defendants, and each of them, entered into a common scheme and plan to murder REBECCA, and in furtherance thereof intentionally, willfully, wantonly and maliciously caused physical harm to REBECCA by stalking, attacking, choking, gaging, binding, and hanging her at the premises. Each of the defendants had his/her own motives for committing these wrongful acts, including anger and revenge against REBECCA arising from the fatal injuries suffered by six-year-old Maxwell Shacknai, nephew to ADAM, niece to NINA and daughter to DINA, while REBECCA was taking care of him two days before she was murdered. In addition, Defendant DINA SHACKNAI was extremely jealous of REBECCA’s relationship with her ex-husband, JONAH SHACKNAI and her now deceased son, Maxwell. The Defendants were further motivated to silence REBECCA in order to keep her from disclosing matters that could prove extremely embarrassing to the Defendants and their families.
 
Okay - give me a little time to digest and check in with the powers that be :)

Salem

Thanks Lash!
 
Okay - we have a lot going on on the forum right now. It's a busy place :) That's a good thing.

I am going to start an evidence thread for this Wrongful Death action were you can have a focused discussion about the new evidence that is coming out in these court documents.

I am not going to open any new general discussion threads or any of the old threads for now. We will see how things go and maybe we can open a general discussion thread in the near future.

Salem
 
Okay - we have a lot going on on the forum right now. It's a busy place :) That's a good thing.

I am going to start an evidence thread for this Wrongful Death action were you can have a focused discussion about the new evidence that is coming out in these court documents.

I am not going to open any new general discussion threads or any of the old threads for now. We will see how things go and maybe we can open a general discussion thread in the near future.

Salem



Thank you, Salem. Can you tell is why the Zahau thread are filed under Unsolved Featured Cases? It was solved and ruled a suicide in Sept. 2011. TIA
 
In that case, why isn't the death of Caylee Anothony still listed as Unsolved?

No other cases are purposefully listed that way, and it is extremely misleading and incorrect.

Outside of Websleiuths, no one questions the suicide conclusion. most people believe the findings of the SDFO, FBI, Dept. Of Justice, and California Attorney General - that it was a suicide. That is why the Zahuas raised so little in their last fund raising ploy, IMO.

I wonder if Salam is on vacation? I'll pm another moderator.

BBM: Not sure where that info comes from, there is really no way to know what "most people" believe. Anecdotal information that I have, based on people who live in Coronado, is just the opposite, i.e, most people believe that it was murder, not suicide.

My point is that my source is as good as yours, IMO.

Regarding Caylee Anthony, there was a trial and a jury in that case. It was not open and shut and decided by the P.D.
 
It would be very interesting to see some links that back up the statement that
Outside of Websleiuths, <sic> no one questions the suicide conclusion.
If you simply google RZ's name you will see article after article. Most with comments underneath them. If you want to look deeper, you can look at message boards and forums and see that there are A LOT of people who are just keep saying "there is no WAY this was suicide". Here at WS we do not link other forums and we do not copy comments from them or from FB. There are quite a few people it seem that think that this whole thing just stinks. It is certainly not just posters here.

I would encourage anyone who is wondering if it is just here at WS that people question the suicide findings to simply google RZ's name and you'll find all the questions and inconsistencies you need and please do come here and ask any question and look for all the answers. You'll also find that there is a certain voice out there that shows up on almost all the articles, on all the media and in most of the forums. After a few articles you will recognize the cadence and the tone of the responses. Of course, we have no way of knowing where this comes from and I can certainly understand why anyone with a legit FB account would not comment anywhere near anything these people have commented on. Google the Forbes article about this case and how the reporter was harassed by a PR firm while researching the case. When all of this first happened, more than three years ago now, Val at the Hinky was doing some fabulous research. She suffered some misfortune too. I'm not stating that it was in anyway connected to researching this case, but well, it still sucked for her. Others, have been named in forums for doing research on this case, even named in some much more public places.

There is an entire forum set up just to talk about how it WAS suicide. That particular website was conveniently used as a referencein the expert reports that DS paid for prior to her appearance on the Dr. Phil show. This is an easy google search as well to establish the truthfulness of this fact. That, and an article from People Mag as a credible source. :facepalm:

Someone got away with murder when Rebecca Zahau died. Someone killed her. All of the warrants, autopsy reports and a plethora of media articles are available for anyone who would like to read about it, not to mention the documents for the Wrongful Death suit that is working it's way through the courts right now, all of those documents are readily available as well.

ALWAYS MOO
 
And you all are telling me you actually believe the Zahaus' story? Do you really think any of it will hold up in court? I certainly don't. And what about talking about REAL evidence? You can't, because there is none.

Correct, I believe the Zahau's version of events. I disbelieve the conclusion of law enforcement's so-called investigation.

However, you mention "lots of money." I agree that "lots of money" has had a significant influence on this case. And by that, I am not referring to any motive of the Zahau family. Do I think the Shacknai's influenced the conclusions of law enforcement? I think it's very likely, whether it was overt and direct, or circumspect.
 
http://blogs.phoenixnewtimes.com/valleyfever/2011/07/morning_poll_could_rebecca_zah.php

^ I think this poll from 2011 reflects the *fact* that many more people believe Rebecca's death to a murder than don't. 95% of them, right there....

Here's another poll. Note that one of the two 'suicide' votes -meant- to vote 'murder'...

http://community.babycenter.com/post/a48188554/the_rebecca_zahau_case_murder_or_suicide

Really, I could trawl through the net for weeks, gathering link after link after link showing what a massive number of people out there in the world believe Rebecca was murdered. But I suspect it wouldn't make much of a difference to this particular debate, it's off topic anyway, and I have better things to do with my time.
 
Sure. It is because the Awaiting Trials and Trials forum are generally for criminal cases and this is a civil case. It is true that the PD has "solved" this case but there are many that don't believe the outcome and this forum was created to question the actions/inactions of the local PD. Until the case makes it to court on one level or another, it will not truly be solved.

Hope that helps. It never hurts to question things that don't make sense.

Salem

Thank you, Salem. Can you tell is why the Zahau thread are filed under Unsolved Featured Cases? It was solved and ruled a suicide in Sept. 2011. TIA
 
All opinions are welcome. If a member believes that Rebecca committed suicide, they may say so.

If a post violates TOS, alert the post and the mods will look at it.

Salem
 
Salem, I was not questioning anyone's right to believe it was suicide, in any way. I was refuting the statement that "only" people here at WS still believe it was murder -- which clearly just is not so. Though a lot of us obviously do. ;)

Cheers, though. Point taken.
 
http://blogs.phoenixnewtimes.com/valleyfever/2011/07/morning_poll_could_rebecca_zah.php

^ I think this poll from 2011 reflects the *fact* that many more people believe Rebecca's death to a murder than don't. 95% of them, right there....

Here's another poll. Note that one of the two 'suicide' votes -meant- to vote 'murder'...

http://community.babycenter.com/post/a48188554/the_rebecca_zahau_case_murder_or_suicide

Really, I could trawl through the net for weeks, gathering link after link after link showing what a massive number of people out there in the world believe Rebecca was murdered. But I suspect it wouldn't make much of a difference to this particular debate, it's off topic anyway, and I have better things to do with my time.

Thanks for providing that evidence that most others off site think Rebecca's death was a murder and not a suicide.
 
http://blogs.phoenixnewtimes.com/valleyfever/2011/07/morning_poll_could_rebecca_zah.php

^ I think this poll from 2011 reflects the *fact* that many more people believe Rebecca's death to a murder than don't. 95% of them, right there....

Here's another poll. Note that one of the two 'suicide' votes -meant- to vote 'murder'...

http://community.babycenter.com/post/a48188554/the_rebecca_zahau_case_murder_or_suicide

Really, I could trawl through the net for weeks, gathering link after link after link showing what a massive number of people out there in the world believe Rebecca was murdered. But I suspect it wouldn't make much of a difference to this particular debate, it's off topic anyway, and I have better things to do with my time.


Both of those links and polls were taken BEFORE the official ruling of suicide was announced, and there is no way to verify if people voted multiple times.

The Zahau's request for money was just last year. They only made 1% of their goal, and only 56 people gave. if they had the support of only San Diego and Coronado, they would have done MUCH better, and they did slick media campaigns in that area. Only 56 people donating says it all. I think the good people of San Diego and Coronado know the SDSO did the job correctly and the Zahau's are simply out for a big payoff...no matter who it hurts.
 
Recently I spent the weekend with relatives in Encinitas. They had a big BBQ party and I asked many residents from the area, what they thought of the situation. Many said they were unsure if it was a suicide. But also, several said that there is a strong local belief that the deceased was responsible for Max's death. And so they do not have a lot of sympathy for the Jahuas court fight now.
 
That is how it is with most of the people I know in San Diego. They find Max's death much more suspicious, and have lost their sympathy for the Zahau's due to their constant media appearances asking for money.
 
People do know this thread is about a wrongful death lawsuit, no? It's not about suicide or/and another's death.

De-railing, once again. UGH.
 
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