Wrongful Death Suit filed Nov. 13, 2013 in California

[K_Z]

~ If I am correct and the case is thrown out due to no evidence to support the Zahaus claims, will the people that believe Rebecca Zahau was murdered still be raving about how wonderful Judge Whelan seems to be, how honest and fair? And you will accept that it was suicide? Or you will still believe you are right and Judge Whelan is wrong?

I'm curious what you think about Judge Whelan? What kind of a judge do you see him as? What is your opinion of his career as a judge, then a federal judge, and his judgments? What do you think about how he has handled some very difficult cases, such as Betty Broderick's TWO trials, and that neither side had any complaints? Do you think he is honest and fair, or do you disagree?

Why is it apparently something to be criticized for anyone to state an opinion that they think a judge is honest and fair? Isn't that the kind of judge we all want for any kind of case??

I just don't understand the bitter tone toward the judge here. He took this case because he wanted to-- as a federal judge on senior status, he can pick and choose the cases he takes. For whatever his personal reasons, he wanted to be the judge for THIS case. That's all we can read into that. And he has a lot of experience, which is a good thing, no matter the outcome, right?

If he dismisses the case, it's because he thinks LEGALLY it can't be proven. I might be disappointed by that, but not angry or anything. I trust this judge's history and perspective and judgment. The very fact that the case is now proceeding forward, after he originally tossed it out on a technicality, IMO is proof of his fairness and honesty. He tossed it when there was a reason to toss it, and he's letting it go forward because right now there is a legal basis for continuing.

If the case is tossed, it does not mean to me that the suicide finding was correct. There are lots of murderers who are never prosecuted, or who escape judgment. I will simply put this case into the "no justice" pile. A judgement against the plaintiff wouldn't mean Rebecca was proven to have committed suicide, or was not murdered. It would mean that wrongful death couldn't be proven. This is a civil case, not a criminal one.

 

[K_Z]

An observation I have is that none of the 3 named defendants likely has $10 million, nor do they likely have $10 million between all three of them. It's possible they don't have even $3-5 million between them. Their means appear to be rather modest, excepting their connections to Jonah.

Legal representation, especially very good representation, is not cheap. A prominent law firm can easily bill $300/ hour. Partners in prominent firms can easily bill $500/ hour, or more-- and bill top dollar for trial and personal appearances representing their client.

In a civil wrongful death case like this one, it is extremely unlikely, IMO, that a prominent firm representing any of the defendants would take this kind of case pro bono. I doubt that a firm representing the plaintiffs would take this kind of case on contingency, either-- but maybe, if they felt the case was strong enough, they would. So, the plaintiffs, as well as the 3 named defendants, each must have significant and ongoing legal bills. Just something to think about, IMO.

 

[Ausgirl]

"Proof".. if we have to :deadhorse: over that issue again, let me repeat: This is the uphill battle the Zahuas face, thanks to LE (deliberately or not) refusing or neglecting to gather/test evidence, fudging tests on what evidence they DID gather (the gloves are a great example of this), as well as leaving RZ's uncovered body on the lawn in the sun for 13 hours *before* autopsy, never mind Adam Shacknai cutting her down and thus contributing to the lack of opportunity to gather/distinguish evidence (where's HIS dna on those ropes, speaking of "proof"...) - the evidence is a mess, and the Zahaus are, unfortunately, thus left to piece together their case with what was left.

It makes little sense to leave this out of the equation when demanding 'proof' (which I have to assume means 'physical evidence') and claiming there that none exists. It's not the fault of anyone but the people present at the scene that whatever proof (physical evidence) there may have been has been compromised or never collected, and it's not fair to then criticise the people who are forced to work around those circumstances in order to make their case, for doing exactly that. While ignoring what's left, in its entirety. IMO.

 

[Betty P]

Jonah's phone records would have been checked and IMO, there is indeed an outgoing call to Rebecca late that night. Just like Dina's witnesses were checked and she was accounted for all night. The Zahaus have no case.

That's all you have? Just "what call"? Stlll looking for concrete physical proof that any of the three were in Rebecca's hanging room that night. Any evidence at all?

The existence of this evidence will have to be shown during the discovery process. At this point in time, there is no concrete evidence showing JS made the late night phone call to RZ, nor is there proof that DR was present at the hospital at the time of RZ's death. As many here have pointed out, there will have to be evidence of those claims.

 

[MaybeNotToday]

"Proof".. if we have to :deadhorse: over that issue again, let me repeat: This is the uphill battle the Zahuas face, thanks to LE (deliberately or not) refusing or neglecting to gather/test evidence, fudging tests on what evidence they DID gather (the gloves are a great example of this), as well as leaving RZ's uncovered body on the lawn in the sun for 13 hours *before* autopsy, never mind Adam Shacknai cutting her down and thus contributing to the lack of opportunity to gather/distinguish evidence (where's HIS dna on those ropes, speaking of "proof"...) - the evidence is a mess, and the Zahaus are, unfortunately, thus left to piece together their case with what was left.

It makes little sense to leave this out of the equation when demanding 'proof' (which I have to assume means 'physical evidence') and claiming there that none exists. It's not the fault of anyone but the people present at the scene that whatever proof (physical evidence) there may have been has been compromised or never collected, and it's not fair to then criticise the people who are forced to work around those circumstances in order to make their case, for doing exactly that. While ignoring what's left, in its entirety. IMO.

How do you know which evidence to believe? If you think the ME is wrong about the cause of death, why trust any of his findings? Maybe he made up the part about scratches on the back or the tape-like residue left. If you discount LE's findings, why do you choose to believe anything they found? Why base any of your opinions on anything they said happened. If it's all one big conspiracy and lie, then where do you start in getting to the truth?

I clearly remember everyone getting excited about Ann Rule's book. It was going to blow the whole thing wide open and she was finally going to get to the bottom of things and show us how everybody was wrong. Well, it didn't turn out like that, so she was immediately criticized and discounted. Her investigative skills and credentials had not changed from one day to the next, but since she didn't come to the conclusion expected- well then she doesn't know what she's doing anymore. Can you not see a pattern? No matter how this all ends up, people are going to believe what they want to believe and rationalize away any discrepancy that goes against their belief. Which thankfully is the exact opposite of what our justice system is based on.

 

[Ausgirl]

I don't think I've been excited about anything Ann Rule has written, ever. Just sayin'...

I'm not sure whether it's "one big conspiracy and lie" (words you put in my mouth, btw, I never said this, most annoying) or just a hash of mistakes made by people unused to dealing with the proper protocols in suspicious deaths. Either way, I think a lot was overlooked and there may have ben an element of CYA in play. If not, why are there SO many questions left unanswered as to the physical evidence? Why are there still aspects of the physical evidence which simply do not make any sense? Where's Adam's DNA on the ropes? Why, if Rebecca had been hanging there several hours before being cut down shortly before first responders arrived, is there no mention anywhere of her hands and lower legs being nearly black with lividity, as is normal and usual in a hanging where someone's been dead for hours? Why would a cop leave his big ol' bootprint smack in the middle of crucial evidence at the scene of a suspicious death... I'm not repeating the questions re the dna INside the gloves yet again... or why they left Rebecca's body exposed to the elements for so many hours before sending her to autopsy.

Because I am NOT a sheep-brained conspiracy theorist or anything else involving blind fealties, I choose to accept the parts of the ME report which make clear sense while questioning the finding -because- some of those observations don't correlate to it.

ME's can document evidence carefully and properly, and still come to the wrong conclusion based on that evidence. Happens all the time. How many suicide findings have later been changed to homicide?

 

[bourne]

^ Excellent points made again Ausgirl. I like your critical thinking and analysis.

I want to add, LE seemed he77bent on convincing the public that Rebecca's murder was suicide. E.g., why did LE only show one photo of her wrist bindings? Why did they not also show photos of her ankle bindings and the noose knot? And why not give photos of noose around Rebecca's neck and the t-shirt wrapped her Rebecca's mouth and neck as well?

Apparently it's because the noose knot indicates that someone other than Rebecca had tied the knot. We know that now because rope experts and Zahau's new attorney Greer made mention in media articles that the noose knot was a unique, complex, specialized knot that a tugboat captain such as Adam and experienced sailors/yachtboat owners such as Dina would know.

A regular layperson such as Rebecca would not have known how to tie such a complex knot. Hence a photo of the noose knot was specifically kept out of the public's eye and media by LE. One must ask why.

Also, why was LE so focused only on Rebecca's wrist bindings? Could it be that because it was already loosened as Adam had confessed to loosening Rebecca's hand bindings in his polygraph video, that LE could then make a flimsy case stating that Rebecca's hand bindings were loose so as to cast suspicion on the murdered victim Rebecca herself for having tied the bindings? Clearly LE was intent on cherry picking evidence rather than giving the totality of the physical evidence. Why would LE do so except to detract attention to the fact that Rebecca was murdered so they can close the case as suicide?

I wouldn't call it a conspiracy so much as Gore wanting the case to close as a suicide for some reason. Inasmuch as the lower level LE may have wanted to do a full investigation, we all know it's the man at the top who controls and dictates what happens in an investigation. Gore had complete control of which LE does what, at what time, and how evidence is handled, collected, analyzed (or not). The ultimate responsibility for all the bungling goes to Gore. I believe strongly that he had an ulterior motive for closing the case as a suicide.

"The truth shall set you free." ~JUSTICE FOR REBECCA ZAHAU

 

[Ausgirl]

^ I don't discount that as a possibility, bourne. Mainly, as Gore himself has done some very odd things... It could also just be CYA for terrible work, though. The info on the case on the website's FAQ is strangely worded, to say the least, for example he doesn't disclose what ---exact-- times *advertiser censored* searches were made on Rebecca's computer, which would clear things up tremendously and put to bed a LOT of speculation. Nossir, instead he's worded his blurb regarding the times in a manner that is as oblique as possible, so much so that it would be easy for some people to interpret it as meaning "the searches happened at a time ONLY Rebecca was home" -- when in fact, it does no such thing. In fact, it moreso points to the hours in which AS was at the mansion with Rebecca. So why not make that clear, instead of fluffing on about "the event" in such a vague way? And, for goodness' sake, "we don't test all the evidence" like anyone'd be stupid to expect cops to test ALL the blood found at the scene of a suspicious death.

I think Gore's actions, for the sake of the people living in the area he's meant to be policing, need to be examined by a higher authority. Not the least, for the decision to leave a suspicious death case body exposed for 12+ hours, just inexplicably (so far) terrible work right there.

 

[*Lash*]

The existence of this evidence will have to be shown during the discovery process. At this point in time, there is no concrete evidence showing JS made the late night phone call to RZ, nor is there proof that DR was present at the hospital at the time of RZ's death. As many here have pointed out, there will have to be evidence of those claims.

There is proof Rebecca's phone records DO NOT show an incoming call from Jonah. Now there may be an easy explanation for this but will have to wait and see if Jonah's phone records show an outgoing call.

As well there is a discrepancy in the time Nina said she texted/phoned Rebecca. Rebecca's phone records show a different time from what Nina stated. An official search warrant was never requested for Nina's phone. A person who admitted to being on the same property the night of the violent suspicious death looking for answers. I believe a jury might question why Nina's phone records were never requested to confirm her statements.

Last but definitely not least, SDSO waited until August 24th to request a search warrant for Rebecca's, Jonah's and Dina's phone records. Over 30 days it took to examine crucial evidence. Evidence was lost. The voicemail may have been retrieved if LE would have examined Rebecca's phone sooner. Jonah's phone call was the alleged catalyst to Rebecca's suicide. One would think seeking evidence to support this statement would have been of the upmost importance. Phone records can be requested and obtained the same day. I think this is detail a jury might find suspicious. At the minimum question why it took LE so long and how this delay directly resulted in evidence being lost.

News 8 has learned Sheriff's detectives never attempted to recover a deleted voicemail message, which Nesbit confirmed was left for Zahau by her boyfriend Jonah Shacknai, 54, hours before she died.

Investigators have said the voicemail may have caused Zahau to commit suicide, because the message allegedly informed her that Shacknai's 6-year-old son, Max, would not survive injuries he suffered during a fall at the mansion while under Zahau's care.

In the early days of the investigation, Jonah Shacknai told detectives he had left the voicemail message, Lt. Nesbit recalled.

"If we could have gotten it (the voicemail), yes, it would have been helpful but it was not critical to the case," said Lt. Nesbit.

http://www.cbs8.com/story/15520745/...us-cell-phone-new-witnesses-accounts-reported

 

[justice be served]

It still gnaws at me that SDSO Detective Angela Tsuida did not follow the case through. She had requested to be at the autopsy but did not attend. She apparently fell off from the investigative team as well. It would be interesting if she is called for depositions or, perhaps, there is a legal mandate that investigators cannot be called? At any rate, she appears to be a highly regarded detective and I can't help but think that she was removed for less than savory reasons from the case.

 

[LuckyLucy2]

How do you know which evidence to believe? If you think the ME is wrong about the cause of death, why trust any of his findings? Maybe he made up the part about scratches on the back or the tape-like residue left. If you discount LE's findings, why do you choose to believe anything they found? Why base any of your opinions on anything they said happened. If it's all one big conspiracy and lie, then where do you start in getting to the truth?

I clearly remember everyone getting excited about Ann Rule's book. It was going to blow the whole thing wide open and she was finally going to get to the bottom of things and show us how everybody was wrong. Well, it didn't turn out like that, so she was immediately criticized and discounted. Her investigative skills and credentials had not changed from one day to the next, but since she didn't come to the conclusion expected- well then she doesn't know what she's doing anymore. Can you not see a pattern? No matter how this all ends up, people are going to believe what they want to believe and rationalize away any discrepancy that goes against their belief. Which thankfully is the exact opposite of what our justice system is based on.

Great post, MaybeNotToday! I remember the excitement about Ann Rule's book as well, and find it very tellig that people now "pick and choose" what they want to believe. Everytime I bring up the fact that Ann Rule clearly states that Dina had witnesses that she was in the hospital all night, they have some reason or another why that must not be correct. How could it not be correct when Rule wrote the story for her bestie Anne Bremner and only spoke with the Zahaus?

From the Coronado Patch article on the book:

She (Anne Rule) did not travel to Coronado or to Arizona, where Shacknai lives, to conduct her research, Rule said, but talked extensively with Zahau's loved ones, who believe she was killed. She also has a long-time friendship with Seattle attorney Anne Bremner, who is representing the Zahau family in their quest to reopen the investigation.

Why on earth would Anne write that Dina had witnesses if it wasn't true?

You are so right in your last two sentences. Yes, thank goodness our judicial system is based on fact and evidence. Not blind accusations.

Again, great post!

 

[screecher]

^ I have always wondered why she went mia. IIRC, she was lead detective. Back when I was reading the autopsy report, a red flag went up when I saw she wasn't present. I so hope she is being deposed. imo, something very hinky was happening. Actually, the hinky meter was off the chart when Rebecca was left to lay naked, beaten, bound, gagged and unshielded for as long as she was. One would think LE would immediately shield her.

Why was she left like that???

 

[screecher]

hmmm...I wonder if the romano twins have tried to privately contact AS (perhaps by their lawyers too). You know...so their stories are in sync. I bettcha they have, lol, only to be rebuffed. I dare say AS has been instructed by both JS and lawyers to have no contact with the two of them lol. Anyone have any thoughts?

imo.

 

[LuckyLucy2]

I rather doubt that. IMO, Adam, Jonah, Nina, and Dina are all working together with their lawyers to make a case that will force a dismissal due to no evidence. They are not stupid.

 

[bourne]

^ Evidently this is false because if Adam is collaborating with Dina and Nina, why do all three have separate attorneys? If defendants were cooperating with each other and therefore, have similar stories to tell, then they would only have hired *one* defense attorney. The fact that they each hired their own attorney means one thing -- they don't trust each other and are out to protect their own arses.

When push comes to shove, we will see that each defendant will be making immunity deals for him/herself alone. Mark my words here: It's only a short matter of time when one defendant shoves the other two under the bus. I'm willing to bet that the first to fold will be Adam because he clearly was the easiest naive tool to be manipulated. Dina the PhD candidate who never passed the boards had the most definite motive -- that of a grieving mother whose one and only biological child, a son no less, suffered a critically fatal brain death fate at the hands of the woman, Rebecca, her ex-husband's new love and lover, whom Dina despised and was out to get from the get-go. We only need to look at the obvious investigative methods employed by Dina to know that Dina hated and was intensely jealous of Rebecca, so much so, she quibbled over the use of Rebecca's married last name when Rebecca introduced herself! How insanely petty was that? All Dina found out was that Rebecca was arrested for a one-time shoplifting charge for which Rebecca already paid restitution. GMAB. Dina was out for blood against Rebecca. And I believe, Dina, in the end, did just that to Rebecca, and Dina did so to Rebecca with pure hate, jealousy, rage in her ultimate humiliation, sadistic torture and heinous murder of Rebecca.

Again, if the other two defendants do not pay or otherwise threaten Adam off, it is my honest belief that he will be the first to fold and the other two -- the fraternal twins Dina and Nina -- will be found to be guilty of Rebecca's murder. And it will be the twins who would pay heftily in the WDS as well as the court of public opinion following the "verdict" which I hope would give rise to criminal charges and grand jury indictments and convictions.

 

[bourne]

There is proof Rebecca's phone records DO NOT show an incoming call from Jonah. Now there may be an easy explanation for this but will have to wait and see if Jonah's phone records show an outgoing call.

As well there is a discrepancy in the time Nina said she texted/phoned Rebecca. Rebecca's phone records show a different time from what Nina stated. An official search warrant was never requested for Nina's phone. A person who admitted to being on the same property the night of the violent suspicious death looking for answers. I believe a jury might question why Nina's phone records were never requested to confirm her statements.

Last but definitely not least, SDSO waited until August 24th to request a search warrant for Rebecca's, Jonah's and Dina's phone records. Over 30 days it took to examine crucial evidence. Evidence was lost. The voicemail may have been retrieved if LE would have examined Rebecca's phone sooner. Jonah's phone call was the alleged catalyst to Rebecca's suicide. One would think seeking evidence to support this statement would have been of the upmost importance. Phone records can be requested and obtained the same day. I think this is detail a jury might find suspicious. At the minimum question why it took LE so long and how this delay directly resulted in evidence being lost.

I agree Lash with everything you've said here.

A jury is not stupid. Inasmuch as they might react from emotion, they will see that the top rank officer, Gore, in this case had spearheaded a ridiculously flawed investigation and they will question why he did so.

I also agree with screecher & justice be served that a well-respected lead investigator was suddenly taken off a major "suspicious, violent death" case of a minority female victim despite the fact that Detective Tsuida herself had specifically asked to be present during the autopsy? And that a minority female victim was left nude and visible for all gaping public eye and helicopters and evidence disintegrated in the scorching hot summer sun in Coronado, CA for over 13 plus hours? The question on the jury and Judge's mind would be: "WHY"? in all CAPS. What was the motive behind Sheriff Gore's decision to execute the investigation in this disrespectful manner to a minority female in the community? Who set this all in motion? Why was he so he77bent on ruling this murder a "suicide"?

I hope, as Ausgirl does, that Gore will be investigated along with the defendants Dina, Nina and Adam in this horrific murder of a minority female.

 

[kittychi]

Jonah's phone records would have been checked and IMO, there is indeed an outgoing call to Rebecca late that night. Just like Dina's witnesses were checked and she was accounted for all night. The Zahaus have no case.

That's all you have? Just "what call"? Stlll looking for concrete physical proof that any of the three were in Rebecca's hanging room that night. Any evidence at all?

Jonah's phone records should have been checked, Dina's "witnesses" should have been checked.

Where has it ever been discussed or claimed that any of this was checked? The homicide investigation was aborted in favor of a suicide conclusion within days. They took Jonah's word about the supposed phone call.

 

[screecher]

^ Evidently this is false because if Adam is collaborating with Dina and Nina, why do all three have separate attorneys? If defendants were cooperating with each other and therefore, have similar stories to tell, then they would only have hired *one* defense attorney. The fact that they each hired their own attorney means one thing -- they don't trust each other and are out to protect their own arses.

When push comes to shove, we will see that each defendant will be making immunity deals for him/herself alone. Mark my words here: It's only a short matter of time when one defendant shoves the other two under the bus. I'm willing to bet that the first to fold will be Adam because he clearly was the easiest naive tool to be manipulated. Dina the PhD candidate who never passed the boards had the most definite motive -- that of a grieving mother whose one and only biological child, a son no less, suffered a critically fatal brain death fate at the hands of the woman, Rebecca, her ex-husband's new love and lover, whom Dina despised and was out to get from the get-go. We only need to look at the obvious investigative methods employed by Dina to know that Dina hated and was intensely jealous of Rebecca, so much so, she quibbled over the use of Rebecca's married last name when Rebecca introduced herself! How insanely petty was that? All Dina found out was that Rebecca was arrested for a one-time shoplifting charge for which Rebecca already paid restitution. GMAB. Dina was out for blood against Rebecca. And I believe, Dina, in the end, did just that to Rebecca, and Dina did so to Rebecca with pure hate, jealousy, rage in her ultimate humiliation, sadistic torture and heinous murder of Rebecca.

Again, if the other two defendants do not pay or otherwise threaten Adam off, it is my honest belief that he will be the first to fold and the other two -- the fraternal twins Dina and Nina -- will be found to be guilty of Rebecca's murder. And it will be the twins who would pay heftily in the WDS as well as the court of public opinion following the "verdict" which I hope would give rise to criminal charges and grand jury indictments and convictions.

I agree Lash with everything you've said here.

A jury is not stupid. Inasmuch as they might react from emotion, they will see that the top rank officer, Gore, in this case had spearheaded a ridiculously flawed investigation and they will question why he did so.

I also agree with screecher & justice be served that a well-respected lead investigator was suddenly taken off a major "suspicious, violent death" case of a minority female victim despite the fact that Detective Tsuida herself had specifically asked to be present during the autopsy? And that a minority female victim was left nude and visible for all gaping public eye and helicopters and evidence disintegrated in the scorching hot summer sun in Coronado, CA for over 13 plus hours? The question on the jury and Judge's mind would be: "WHY"? in all CAPS. What was the motive behind Sheriff Gore's decision to execute the investigation in this disrespectful manner to a minority female in the community? Who set this all in motion? Why was he so he77bent on ruling this murder a "suicide"?

I hope, as Ausgirl does, that Gore will be investigated along with the defendants Dina, Nina and Adam in this horrific murder of a minority female.

Perfect. All
to see. Thank you. So much truth.

 

[MaybeNotToday]

So much speculation you mean

 

[screecher]

^ No, not speculation. I mean Fact. Truth., course you already know that. *rolling eyes*

"Evidently this is false because if Adam is collaborating with Dina and Nina, why do all three have separate attorneys? If defendants were cooperating with each other and therefore, have similar stories to tell, then they would only have hired *one* defense attorney. The fact that they each hired their own attorney means one thing -- they don't trust each other and are out to protect their own arses." Fact. Truth.


"...Dina despised and was out to get from the get-go. We only need to look at the obvious investigative methods employed by Dina to know that Dina hated and was intensely jealous of Rebecca, so much so, she quibbled over the use of Rebecca's married last name when Rebecca introduced herself! How insanely petty was that? All Dina found out was that Rebecca was arrested for a one-time shoplifting charge for which Rebecca already paid restitution. GMAB. Dina was out for blood against Rebecca." Fact. Truth.

"...a well-respected lead investigator was suddenly taken off a major "suspicious, violent death" case of a minority female victim despite the fact that Detective Tsuida herself had specifically asked to be present during the autopsy? And that a minority female victim was left nude and visible for all gaping public eye and helicopters and evidence disintegrated in the scorching hot summer sun in Coronado, CA for over 13 plus hours?" Fact. Truth.