Wrongful Death Suit filed Nov. 13, 2013 in California

[*Lash*]

have
verb

past tense: had; past participle: had
1. possess, own, or hold.
"he had a new car and a boat"
possess, own, be in possession of, be the owner of;

2. experience; undergo.
"I went to a few parties and had a good time"

 

[LuckyLucy2]

If Mary was takling about the past, why didn't she say, "she called"? She had to says to me that it was something she HAD NOT YET DONE. This is just another discrepency in Rebecca and Mary's story, IMO.

 

[K_Z]

Remember the "bicycle family"? They were out for a ride with their kids, the kids stopped to look at a dead critter in the street, and the parents saw a woman acting strangely at the front door of the Spreckles mansion.

I sure hope they are called as witnesses. I think they are very credible, and had no vested interest in slanting their observations in any particular direction.

A passerby did notice a woman at the house that night and reported it to police following Zahau's death July 13. But that witness's description of the woman does not match that of Nina Romano, according to Zahau family attorney Anne Bremner.

In a series of emails and interviews with News 8, Bremner said the witness now believes the woman he saw was Nina's sister, Dina Shacknai.

"The witness sent me a picture of Dina and said it was Dina," according to Bremner, who said the witness was riding a bicycle by the home at approximately 10:20 p.m. on July 12.

"He was going by and saw somebody with a large, black bag trying to get in the front door and looking around and going to the back of the house," Bremner said. "She was 40 to 50 years, 5'5", 170 to 190 lbs., long dark hair; wearing a black and white striped short sleeve shirt," said Bremner.

"He is positive it (was) Dina and she was acting very suspiciously," Bremner wrote. "He has seen subsequent news reports that said Nina was out front and he said that's not the person he saw."

http://www.cbs8.com/story/15982091/exclusive-max-shacknais-aunt-talks-about-coronado-mansion-deaths

That piece of eyewitness observation places DS at the mansion. (NR and AS have acknowledged they were there.)

And the footage from Rady Children's did not have DS anywhere on their cameras, although JS was identified during the time in question. Sheriff Gore confirmed the absence of DS on security cameras.

As of what we know now, the only evidence we have of DS's whereabouts during the critical time period are the triangulation of her cell phone. Supporters of DS have commented that there are hospital staff who will verify that she was at Max's bedside the whole time.

So, I think that if there are actually PICU staff who can confirm this, they may be called as witnesses, too.

Likewise, the neighbor who heard the screams, and twice contacted police, may also be called as a witness. I hope so.

A witness who claims to have heard a 'scream for help' hours before the girlfriend of pharmaceuticals tycoon Jonah Shacknai was found dead at his California mansion has said they were ignored by police twice.

The informant, who has not been identified, told RadarOnline that they tried to report the information to police on two occasions but were 'blown off'.

The person contacted the family of the dead woman, Rebecca Zahau, on Wednesday with the information, which casts doubt on the conclusion that she committed suicide.

http://www.dailymail.co.uk/news/art...rd-scream-Shacknai-mansion.html#ixzz2AaqkgX4j

 

[Ausgirl]

"Had to call" can also imply an unwilling act. "I had to do it, though it was an unpleasant task". If you look at the rest of sentence to place the phrase in question into perspective, "had to" is repeated for several actions, making it perfectly, crystal clear that the sentence is describing a sequence of urgent or unpleasant action - she "had to" take Max to the hospital does NOT imply, for example, that she had not yet taken him at that point.

I apologise for raising this again. I'm not arguing the *case*, I'm correcting the grammar.

As to witnesses, I hope the ME is called to explain how the cactus could leave marks all over Rebecca's back - including under her bound arms and not on her arms themselves.

I hope there's an expert witness called to explain why there's NO clear dna found *inside* ANY of the three gloves.

And other things which make no sense in context with the purported suicide scenario.

 

[K_Z]

It appears that the Zahau complaint alleges Max’s mom, DS, had the primary anger/ grief/ revenge motive for Rebecca’s murder, and then recruited AS and NR’s participation in RZ’s murder.

This is consistent with what many, many people have speculated about Rebecca’s death. I don’t think attorneys are required to prove motive, but in a wrongful death case like this one, (IMO) it will certainly help a jury to understand what was going on in the early hours after Max’s accident, and before Rebecca’s death.

As a healthcare professional, I strongly believe that almost from the very first hours of Max’s admission, both JS and DS were told how exceptionally grim Max’s prognosis was. I believe that there is ample evidence among medical professionals caring for Max that will document that, and will counter the “positive prognosis” interview comments by DS (she just thought he would sit out a few soccer games, need a tutor, etc). I think that could be a very important part of establishing the “grief/ revenge” motive for Rebecca’s murder.

This is my take on potential “Grief/ Revenge motive” witnesses: Witnesses who can speak to what DS/ JS were told about Max’s injuries and his exceptionally grim prognosis (reference the links in the EMS thread), as well as testifying to DS’s state of mind toward RZ during this narrow window of time.

What each of these people knew about Max's prognosis, when they knew it, and who they heard it from:

DS
JS
NR
XZ
MZL
Shacknai teens ES/ GS
AS
BF of DS who left town (and whose daughter posted on social media very early on that Max was going to die)
Son of NR staying with her, + any other houseguests or visitors during the critical time periods
Officer who interviewed RZ and said she was calm and did not blame herself
Officers who accompanied RZ to the hospital
Dr. Howard Luber, JS’s friend who flew in from AZ in the first hours of Max’s hospitalization

Possibly the EMS crew, and Sharp Coronado ED personnel, to demonstrate how desperate and grim Max’s initial presentation was, even BEFORE he was transferred to Rady. (Discuss the almost universally fatal statistics of pediatric traumatic asystole in the field, grave difficulties with airway management at the scene by EMS, need to divert to Coronado Sharp to get airway established before going to Rady, etc.)

Rady Children’s Hospital personnel:

Dr. Brad Peterson
**All docs and social workers, etc involved in family conferences/ discussions about the extent of Max’s injuries and the prognosis, from the time of admission until RZ’s death. Bedside nurses, to establish their interpretation of what the parents said and knew in the 48 hours before Rebecca’s death.

Subpoena for portions of Max’s medical records that indicate what the parents were told and when, and any documented reactions as to their level of understanding about what they were told. Chart entries that indicate the timing of when the initial brain death examinations for Max began.

IMO, for this wrongful death case, the focus of bringing in Max's medical records has to clearly relate to DS/ AS/ NR as named defendants. There is a great deal, IMO, in Max's records to support that it was known and communicated to DS and JS very early on that Max would most likely not survive his injuries. It's also my opinion that this is why Howard Luber flew in so abruptly to support his friend, JS, and perhaps help him to better understand all of the medical information that was being given to them about Max.

 

[K_Z]

So, I was thinking some more about the "grief/ anger/ revenge" motive of DS to harm/ murder RZ, and how that will probably be a big part of plaintiff's attorneys laying the foundation in the current lawsuit for Rebecca's wrongful death (murder, IMO).

For over 2 years, one piece of Max's medical record has been available to any member of the public. This health information was posted by Dina herself, on her maxshacknai.com website. It's the EMS pre-hospital report-- remember that? Dina seized on one small piece of information in the report, as if to explain "why" Max died, and "why" she holds RZ responsible, and then talked about this a lot in interviews.

It was the whole "CPR within 2 minutes vs no CPR" debate-- remember that? She believes RZ withheld CPR, based on this EMS report, and that Max would have lived and been just fine, "if only" Max had had CPR "within 2 minutes". IMO, this strongly goes to motive for Dina Shacknai to be awfully upset, and angry and vengeful toward RZ, IMO. And it's all right there, available to the public, along with DS's interview statements.

The EMS report is still there on her website available to anyone who wants to read it. She has helpfully highlighted the "no CPR" statement by paramedics (sadly, it would not have made any difference in Max's outcome).

http://www.maxshacknai.com/wp-content/uploads/2012/09/CFD_Report.pdf

Here is my post from Sept 27, 2012:

http://www.websleuths.com/forums/showthread.php?185699-Max-Shacknai-EMS-Report&p=8396204#post8396204

EMS run report documents no CPR- the docs knew this

The EMS run report that we have been looking at for a couple days was available to any of the doctors caring for Max. It would have been available as soon as he was admitted. The paramedics clearly state that "no CPR was performed before we arrived." That would have been communicated verbally by paramedics at the scene to the base hospital, as well as verbally reported to the receiving docs and nurses at Coronado AND Rady.

Dr. Peterson, and all of Max's caregivers surely knew that from the moment of admission. No CPR in progress is no CPR till paramedics arrived. They would note this, and move on in their decision making process of caring for Max. They would not be wasting time wringing their hands over whether or not CPR was started and abandoned. That is just not how a busy ICU works.

I fail to understand why Dina or Nina would claim that days later the docs were still ruminating and musing about whether or not CPR was "done within 2 minutes", when the paramedic run report is far more important and definitive than any verbal report from Jonah or Rebecca. It simply didn't matter to Max's care or prognosis. However, it IS a detail that I think Dina and Nina have grasped as though it would have made a difference-- and have blamed Rebecca. There is no medical evidence we currently know of from Max's records that says it would have made a difference, and a lot of evidence that Max very likely would have had the same outcome even with expert CPR.

The paramedics documented CPR was not performed before their arrival, and was not in progress until they initiated it. It would not matter one bit to Max's in-hospital treatment whether or not some rescue breaths or a few compressions were done before paramedics arrived, because clearly it was not continued. There is nothing "different" that the docs would have done for Max if he had had CPR before paramedics arrived.

There were so many very serious issues that needed to be discussed between the docs and Max's parents that I cannot imagine that ANY time was spent in the first 24 hours discussing or debating whether or not CPR was done. It wasn't, according to the paramedics who were there.

Nina's claims that the docs were ruminating and musing about whether or not CPR was done before paramedics arrived are ludicrous, in light of the documentation by paramedics. Max's docs would have been consumed with details of managing his ICU care, and communicating that to the parents, along with the very likely prognosis that he would not make it. (Reference the trauma studies posted earlier in the thread.)

I also want to point out that Max's airway at the scene was quite compromised with secretions and regurgitated stomach contents, according to the EMS report. It could be that this was a deterrent and complication for Rebecca to initiate rescue breaths before paramedics arrived. Paramedics had suction equipment, oral and nasal airways, ambu bags and oxygen, EMS emergency airways, and endotracheal tubes and laryngoscopes, and they STILL had great difficulty managing Max's airway. So whether or not Rebecca gave, or attempted to give rescue breaths is not worth debating-- paramedics had great difficulty managing his airway. Why would anyone expect a layperson to be any more skilled than paramedics?

IMO, it won't be hard at all for the Zahau family attorneys to establish that DS held an awful lot of "ill will" toward RZ in the 40ish hours from the time of Max's fall, to Rebecca's violent and gruesome death. There is just so very much evidence of DS's attitude and mindset toward RZ in the public sources-- just imagine how much more supporting evidence there is in things like Max's medical records, IMO.

I really hope this case makes it to a jury. A settlement would likely have non-disclosure of the terms attached. A pre-trial settlement would be "nice", but I'd prefer a very public trial, and a very public jury verdict. Shine some sunlight.

 

[*Lash*]

If you want to view the EMS report but don't want to visit Maxie's House website.

 

[DeDee]

K_Z posted on 09-27-2012, 12:08 PM Post # 41 ~ BBM

The EMS run report that we have been looking at for a couple days was available to any of the doctors caring for Max. It would have been available as soon as he was admitted. The paramedics clearly state that "no CPR was performed before we arrived." That would have been communicated verbally by paramedics at the scene to the base hospital, as well as verbally reported to the receiving docs and nurses at Coronado AND Rady.

Dr. Peterson, and all of Max's caregivers surely knew that from the moment of admission. No CPR in progress is no CPR till paramedics arrived. They would note this, and move on in their decision making process of caring for Max. They would not be wasting time wringing their hands over whether or not CPR was started and abandoned. That is just not how a busy ICU works.

I fail to understand why Dina or Nina would claim that days later the docs were still ruminating and musing about whether or not CPR was "done within 2 minutes", when the paramedic run report is far more important and definitive than any verbal report from Jonah or Rebecca. It simply didn't matter to Max's care or prognosis. However, it IS a detail that I think Dina and Nina have grasped as though it would have made a difference-- and have blamed Rebecca. There is no medical evidence we currently know of from Max's records that says it would have made a difference, and a lot of evidence that Max very likely would have had the same outcome even with expert CPR.

Whether or not CPR was performed or attempted to be performed on Maxie goes toward an indifferent coldness held for the boy. One minute or two minutes of attempted CPR would not have made a protozoa's bit of difference in his grave condition. Did Rebecca know Maxie was not sustainable or did she not care?

So not performing CPR is more detrimental for RZ's rep that her trying and failing would be. JMO

The paramedics documented CPR was not performed before their arrival, and was not in progress until they initiated it. It would not matter one bit to Max's in-hospital treatment whether or not some rescue breaths or a few compressions were done before paramedics arrived, because clearly it was not continued. There is nothing "different" that the docs would have done for Max if he had had CPR before paramedics arrived.

Again, it only matters because RZ did not care enough to try anything to soothe or help Maxie.

There were so many very serious issues that needed to be discussed between the docs and Max's parents that I cannot imagine that ANY time was spent in the first 24 hours discussing or debating whether or not CPR was done. It wasn't, according to the paramedics who were there.

Nor can I imagine the three of them, Nina, Dina, and Jonah discussing murdering RZ during this critical time when they are with the doctors and specialists while Maxie is in grave condition.

Nina's claims that the docs were ruminating and musing about whether or not CPR was done before paramedics arrived are ludicrous, in light of the documentation by paramedics. Max's docs would have been consumed with details of managing his ICU care, and communicating that to the parents, along with the very likely prognosis that he would not make it. (Reference the trauma studies posted earlier in the thread.)

I also want to point out that Max's airway at the scene was quite compromised with secretions and regurgitated stomach contents, according to the EMS report. It could be that this was a deterrent and complication for Rebecca to initiate rescue breaths before paramedics arrived. Paramedics had suction equipment, oral and nasal airways, ambu bags and oxygen, EMS emergency airways, and endotracheal tubes and laryngoscopes, and they STILL had great difficulty managing Max's airway. So whether or not Rebecca gave, or attempted to give rescue breaths is not worth debating-- paramedics had great difficulty managing his airway. Why would anyone expect a layperson to be any more skilled than paramedics?

Last edited by K_Z; 09-27-2012 at 12:11 PM. Reason: spelling

Congested airway or a clear one, it only matters because RZ did not attempt to comfort this little boy. She did not attempt to save his life with compressions. And we know she could not have been successful in saving him had she tried. It only matters because she did not try.


moo omho and all that jazz

 

[K_Z]

Respectfully, this has nothing at all to do with Rebecca's actions at the scene of Maxie's fall.

I think my point was missed entirely. It only matters that Dina holds RZ responsible for Max's death. This case is about Rebecca's death, not Maxie's. My post illustrates Dina's mindset, attitude, actions, and words related to her perceived position that Rebecca was responsible for Maxie's death. That is motive to hurt Rebecca, IMO.

We don't need to dredge up minutiae about CPR, and I'm not going to debate the merits of that anymore. The point about the CPR is not whether it was done or not. The point is that Dina and Nina have said they believe it was a critical thing, and hold RZ responsible. They aren't right about that, but even that doesn't matter. It only matters now what they think about Rebecca being responsible. This is about a named defendant having a strong motive for revenge, and her making that grievance public. DS had a vendetta against RZ, IMO. That's pretty persuasive when you put that together with the rest of what happened.

It's going to be very, very hard to keep the focus by everyone on Rebecca's death. This case isn't about what happened to Max, no matter what anyone may theorize about that. Interestingly, the more that anyone tries to paint Rebecca as responsible for Max's death, well, IMO, that only adds support for DS, NR, and AS being responsible for her death. Kind of an interesting catch-22. If defendants attorneys go that route in depositions and in court, they only make their clients look MORE responsible, not less. IMO.

 

[bourne]

I agree wholeheartedly with K_Z above. The WDS is about finding the murderers of Rebecca guilty and holding them accountable with hopefully capital punishment or the like in prison.

This thread is about the WDS. Hence the exact nature of Max's fall is irrelevant, except for the fact that it provided Dina and her twin kin Nina (and possibly Adam) with a very clear motive for murdering Rebecca.

Let the chips fall where it may. Justice for Rebecca!

 

[K_Z]

Well, this is civil suit, so there won't be any criminal punishment. Unless authorities re-open Rebecca's case, which isn't likely to happen, IMO. Plenty of murderers get off, or are never charged, IMO. It doesn't make them less guilty, or the dead person less murdered, IMO. It just means that the murderer escaped criminal prosecution, or criminal consequences.

So chew on this a little bit. What if DS took an about face, and started publicly apologizing for holding Rebecca responsible for Maxie's death, or said something to that effect in depositions and testimony? What if she came out and said publicly that she was in the throes of grief, and wasn't herself, and now recognizes that Maxie's death was just a very tragic accident? What if she apologized to XZ and Rebecca's family for their pain from what she said in her grief-stricken state? What if she thanked them publicly for all the love and care Rebecca showed toward her son when she was with him?

What if she said she knew nothing at all about RZ's suicide, and how awful she feels that RZ might have felt guilty and suicidal?

People wouldn't take her seriously if she did something like that, with the history of her words and actions toward Rebecca. The time to keep quiet was 2 years ago, and unfortunately Dina wasn't able to do what Jonah did, which was stay quiet and stay out of the media. Now she has to overcome all that she said and did in this case, IMO. And that won't be an easy task, IMO.

I do think she has better representation and advisors now than 2 years ago. She's doing a pretty good job of keeping quiet now. But her actions over the last 2 years aren't going away, IMO.

So, how do you play this if you're Dina Shacknai? If she bad-mouths RZ in a deposition, an interview, or in testimony, the worse she looks to a jury, IMO. She has to bite her tongue and say little to nothing about Rebecca, and about Max's death, IMO. I wonder if she can do that.

 

[screecher]

Whether or not CPR was performed or attempted to be performed on Maxie goes toward an indifferent coldness held for the boy. One minute or two minutes of attempted CPR would not have made a protozoa's bit of difference in his grave condition. Did Rebecca know Maxie was not sustainable or did she not care?

So not performing CPR is more detrimental for RZ's rep that her trying and failing would be. JMO


Again, it only matters because RZ did not care enough to try anything to soothe or help Maxie.


Nor can I imagine the three of them, Nina, Dina, and Jonah discussing murdering RZ during this critical time when they are with the doctors and specialists while Maxie is in grave condition.



Congested airway or a clear one, it only matters because RZ did not attempt to comfort this little boy. She did not attempt to save his life with compressions. And we know she could not have been successful in saving him had she tried. It only matters because she did not try.


moo omho and all that jazz

BBM

Yeppers.

I certainly do believe Maxie's mother would concur with you. Hence, her rage, her planning and her murdering Rebecca.

Thanks for pointing that out. :happydance:

 

[LuckyLucy2]

One can see that Rebecca Zahau absolutely hated Dina Shacknai, from the way that Mary has spoken about it since July 19, 2011. It is clear that Rebecca and Mary gossiped about Dina. Does that mean that Rebecca killed Max? No.

Even if Dina Shacknai hated Rebecca. Even if she were cursing her out with every breath at the hospital...that doesn't mean she killed her. You need REAL physical evidence to make that leap - and that's something the Zahaus don't have. Not one fingerprint. Not one speck of DNA. Nada.

KZ and others are speculating that Dina was planning to murder Rebecca while at the hospital. Funny the Zahaus say that it was a spur of the moment decision, that they made up the details on the fly - after they confronted Rebecca (and the marathon runner could not get away from the, as so many of you have called them, "fat" and "obese" twins. So the Zahaus lawyers are smart enough to know that there would have been doctors and nurses there that could attest that there were no murder plans being discussed.

As for the screams that were mentioned? Can they prove it wasn't Rebecca screaming with anguish about Max? Or screaming to make her suicide seem like something else so her relatives could cash in and she could bring more torture to Dina Shacknai? No, they can't.

And the eyewitness? They said the person they saw was 5'5". Many of you say Dina is 6' tall...remember the drawing of Cynic's where Dina is gargantuan and tiny Rebecca can barely reach the door knob? How do you explain that? And Dina in no way weights 185 pounds. 140 tops. So that does not work.

the CPR matters because it is part of Rebecca's changing story about what happened,where she was and what she did that morning. She told different things to differnet people. THAT matters.

I don't believe Dina has any reason to apologize. Rebecca was the person responsible for watching Max that morning no matter how you look at it. REBECCA was responsible.

It is the Zahaus that will owe a HUGE apology to the Shacknais and Romanos at the end of this court proceeding. It was their sister that brought this tragedy upon EVERYONE concerned, and the way the Zahaus have treated Jonah's family and Dina's family is just disgusting, IMO.

 

[K_Z]

LuckyLucy2 wrote:

KZ and others are speculating that Dina was planning to murder Rebecca while at the hospital.

So the Zahaus lawyers are smart enough to know that there would have been doctors and nurses there that could attest that there were no murder plans being discussed.

No, I don't believe that Dina was "planning to murder Rebecca while at the hospital", nor do I think she was discussing murder plans with anyone at the hospital. I'm not sure where you got that idea from, but that's not what I think at all. Just want to clear that up.

Again, I think some have missed my points entirely. And that's ok. It happens.

 

[inthedark14]

One can see that Rebecca Zahau absolutely hated Dina Shacknai, from the way that Mary has spoken about it since July 19, 2011. It is clear that Rebecca and Mary gossiped about Dina.

<respectfully snipped by me>

Can you please kindly provide a link that shows that RZ hated DS? That MZL has stated that RZ hated DS?

IIRC, the only thing that has ever been published that RZ said about DS was in the presence of a LE officer, "Dina is going to kill me"

I am sure that the actions that DS has taken and the things she has said very publicly will be looked at very carefully. As it was stated above, by K_Z DS has had plenty to say about what she felt RZ or her minor sister "did" or "did not" do to MS. None of which she can prove, even after hiring experts...

ALWAYS MOO

 

[bourne]

Well, this is civil suit, so there won't be any criminal punishment. Unless authorities re-open Rebecca's case, which isn't likely to happen, IMO. Plenty of murderers get off, or are never charged, IMO. It doesn't make them less guilty, or the dead person less murdered, IMO. It just means that the murderer escaped criminal prosecution, or criminal consequences.

So chew on this a little bit. What if DS took an about face, and started publicly apologizing for holding Rebecca responsible for Maxie's death, or said something to that effect in depositions and testimony? What if she came out and said publicly that she was in the throes of grief, and wasn't herself, and now recognizes that Maxie's death was just a very tragic accident? What if she apologized to XZ and Rebecca's family for their pain from what she said in her grief-stricken state? What if she thanked them publicly for all the love and care Rebecca showed toward her son when she was with him?

What if she said she knew nothing at all about RZ's suicide, and how awful she feels that RZ might have felt guilty and suicidal?

People wouldn't take her seriously if she did something like that, with the history of her words and actions toward Rebecca. The time to keep quiet was 2 years ago, and unfortunately Dina wasn't able to do what Jonah did, which was stay quiet and stay out of the media. Now she has to overcome all that she said and did in this case, IMO. And that won't be an easy task, IMO.

I do think she has better representation and advisors now than 2 years ago. She's doing a pretty good job of keeping quiet now. But her actions over the last 2 years aren't going away, IMO.

So, how do you play this if you're Dina Shacknai? If she bad-mouths RZ in a deposition, an interview, or in testimony, the worse she looks to a jury, IMO. She has to bite her tongue and say little to nothing about Rebecca, and about Max's death, IMO. I wonder if she can do that.

Correct, WDS is a civil case and there won't be any sentencing or hard time or capital punishment. Penalty would simply be in monetary units.

However, if the case is decided by judge to have a "preponderance of evidence" leaning towards Zahau's side (which I believe this will all be shown in court), then the Judge can presumably push the SDSO or Federal investigators (?) to pursue a criminal case? Is that possible? I have to ask AZlawyer...

As to your chewing food for thought. No, Dina's not going to retract her statements already made in public. That'd be humiliating for her and she's too proud and arrogant to do so. Also, as you say, who would believe her now? It's like crying wolf.

I think Dina will play the sympathy card in depositions. Saying how it's understandable that she as the mother of a mortally wounded child would by human nature be angry with the caretaker of Max when he had his "accident". She'd likely put that in quotes as she's speaking too -- to imply that Rebecca and her teen sis likely had caused Max's accident.

Other than that, I don't see how she can do a 360 about-face. Doesn't make sense (psychologically or logically) at this juncture.

JUSTICE for REBECCA.

 

[*Lash*]

Respectfully snipped-

the CPR matters because it is part of Rebecca's changing story about what happened,where she was and what she did that morning. She told different things to differnet people. THAT matters.

I agree. It does matter because DINA believed Rebecca's stories were changing about what happened to Max. I don't know that I agree Rebecca's stories changed, but the only thing that is important in this suit is what DINA believed. What DINA's state of mind was that evening. She believed Rebecca was lying and Dina wanted answers. Dina would do anything to save her son. It goes to motive and why Dina would have been seen at the mansion.

 

[LuckyLucy2]

Correct, WDS is a civil case and there won't be any sentencing or hard time or capital punishment. Penalty would simply be in monetary units.

However, if the case is decided by judge to have a "preponderance of evidence" leaning towards Zahau's side (which I believe this will all be shown in court), then the Judge can presumably push the SDSO or Federal investigators (?) to pursue a criminal case? Is that possible? I have to ask AZlawyer...

As to your chewing food for thought. No, Dina's not going to retract her statements already made in public. That'd be humiliating for her and she's too proud and arrogant to do so. Also, as you say, who would believe her now? It's like crying wolf.

I think Dina will play the sympathy card in depositions. Saying how it's understandable that she as the mother of a mortally wounded child would by human nature be angry with the caretaker of Max when he had his "accident". She'd likely put that in quotes as she's speaking too -- to imply that Rebecca and her teen sis likely had caused Max'js accident.

Other than that, I don't see how she can do a 360 about-face. Doesn't make sense (psychologically or logically) at this juncture.

JUSTICE for REBECCA.

Can you provide a link that states Dina Shacknai is proud and arrogant?

 

[LuckyLucy2]

Respectfully snipped-


I agree. It does matter because DINA believed Rebecca's stories were changing about what happened to Max. I don't know that I agree Rebecca's stories changed, but the only thing that is important in this suit is what DINA believed. What DINA's state of mind was that evening. She believed Rebecca was lying and Dina wanted answers. Dina would do anything to save her son. It goes to motive and why Dina would have been seen at the mansion.

Rebecca's stories DID change, and it really doesn't mattert what Dina believed. What matters is DNA and forensic evidence. Of which the Zahaus have none.

The man who claims he saw Dina said the person was 5' 5". Dina is said to be 6' tall. BIG discrepancy. He said the woman weighed 185 pounds. IMO, Dina weighs no more than 140. BIG discrepancy.

Guess the Zahaus lawyers will do their best to make the family 10 million off this tragedy, but they'd better have some REAL physical evidence. So far, they have nothing.

 

[LuckyLucy2]

Eyewitness misidentification is the single greatest cause of wrongful convictions nationwide, playing a role in 72% of convictions overturned through DNA testing.

http://www.innocenceproject.org/understand/Eyewitness-Misidentification.php