Wrongful Death Suit filed Nov. 13, 2013 in California
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Hi Ausgirl! The way I understand it is that because this is a civil case, not a criminal case, the police are not bound by any of the rulings.
The civil case was a last resort for the Zahaus since the San Diego Police Department closed their case and refused to re-open it after several formal requests.
If you are familiar with the OJ Simpson case, this is similar in that Ron Goldman and Nicole Brown Simpson's families were denied justice by a criminal court jury when Simpson was acquitted. However, a civil court jury found OJ was responsible for the killings and ordered him to pay millions to each family in punitive damages. The families may never see any of that money, but have the best they could get regarding closure and some form of "justice."
IMO, the Zahaus have wanted the truth since the day of Rebecca's death and have been cut off at every pass to try to get it. This is their last legal route to take.
inthedark14
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^^^This kittychi, is the MOST important thing about this. The Zahau family has been slandered and skewered by not only people who killed Rebecca, but by others, who in their anon personalities have said all kinds of horrible and untrue statements about a murdered woman. Take one quick look at the channel 10 article linked above and it's quite obvious. That same tone and tenor and not even bothering to hide behind yet another angry anon handle. This suit is a chance for the Z family to have justice for Rebecca.
Let's not also forget that we'll be hearing soon about the federal suit regarding the FACT that SDSO kept personal effects, information regarding a "suicide" investigation and fabricated/manipulated evidence in a death investigation from the next of kin of the deceased. One can only think that this will only strengthen the wrongful death suit and possibly (it may be to much to hope, but I am an optimist, usually) that perhaps we may see some actual legal action once the suit goes forward. While OJ and the entirety of what his conviction would have meant at the time, a conviction against well connected and wealthy people who used the system to their advantage wouldn't have quite the same consequences, now would it? I'll always hold out a sliver of hope that the corrupt SDSO will be held accountable for what they allowed to happen to Rebecca.
So now, do we think that no one other that WS cares about what happens in this case? It's heartening to read *most* of the comments and to know that at least a judge feels that it's right to go forward. I can only imagine what the discovery will show. There is a plethora of info that the public hasn't been privy to. There is also a **** load that SDSO didn't even bother to investigate or prove.
I want to know EVERYTHING. I hope that once this suit is completed the Z family will make that information available. I stand behind them, in my very own anon persona. I wish I could publicly stand behind them, but well, we all know what happens to people who speak up in public about this case.
I want to be someone who will try not to disparage anyone and someone who has always tried to find compassion for the family of a tiny little six year old who was lost way too soon. I will always think about Max, I will always wonder what happened to him. His beautiful smile is something we should all see, and always remember. I would love to know the specifics of what happened to this beautiful child as well. Right now, we're talking about Rebecca and her family and their fight to find the TRUTH of what happened to her. I really wish DS would have done the same so that we could see true transparency with the two cases. I guess it's too late for that, but there has ALWAYS been way more here than has ever been publically stated. I wish that they would all just TELL THE TRUTH.
What I'm trying to say in this rambling post is that I am praying for Justice for Rebecca and Justice for Max. Tell the truth!!!
ALWAYS MOO
Let's not also forget that we'll be hearing soon about the federal suit regarding the FACT that SDSO kept personal effects, information regarding a "suicide" investigation and fabricated/manipulated evidence in a death investigation from the next of kin of the deceased. One can only think that this will only strengthen the wrongful death suit and possibly (it may be to much to hope, but I am an optimist, usually) that perhaps we may see some actual legal action once the suit goes forward. While OJ and the entirety of what his conviction would have meant at the time, a conviction against well connected and wealthy people who used the system to their advantage wouldn't have quite the same consequences, now would it? I'll always hold out a sliver of hope that the corrupt SDSO will be held accountable for what they allowed to happen to Rebecca.
So now, do we think that no one other that WS cares about what happens in this case? It's heartening to read *most* of the comments and to know that at least a judge feels that it's right to go forward. I can only imagine what the discovery will show. There is a plethora of info that the public hasn't been privy to. There is also a **** load that SDSO didn't even bother to investigate or prove.
I want to know EVERYTHING. I hope that once this suit is completed the Z family will make that information available. I stand behind them, in my very own anon persona. I wish I could publicly stand behind them, but well, we all know what happens to people who speak up in public about this case.
I want to be someone who will try not to disparage anyone and someone who has always tried to find compassion for the family of a tiny little six year old who was lost way too soon. I will always think about Max, I will always wonder what happened to him. His beautiful smile is something we should all see, and always remember. I would love to know the specifics of what happened to this beautiful child as well. Right now, we're talking about Rebecca and her family and their fight to find the TRUTH of what happened to her. I really wish DS would have done the same so that we could see true transparency with the two cases. I guess it's too late for that, but there has ALWAYS been way more here than has ever been publically stated. I wish that they would all just TELL THE TRUTH.
What I'm trying to say in this rambling post is that I am praying for Justice for Rebecca and Justice for Max. Tell the truth!!!
ALWAYS MOO
AZlawyer
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No, for a couple of reasons. First, on a Motion to Dismiss, the judge doesn't look at any of the evidence at all. In other words, when the media says that the judge ruled there was "enough evidence to go to trial," that's incorrect. The judge ruled that there were enough ALLEGATIONS to state a claim, IF TRUE, but would not have seen or considered any evidence at this stage at all. Now if the Zs survive a Motion for Summary Judgment, that would mean that there was "enough evidence to go to trial."
Second, the police agency is not a party to the case and is not bound by any findings made in the case. In addition, the police are not required to investigate things even if there is enough evidence to warrant an investigation.
Thanks, AZ, for making that all clear. Seems the case has quite a ways to go, then, as things stand.
Would this first judge not need any cause to think there *was* a case worth hearing, though? As in, anyone can 'claim' anything, but not all cases where claims are made end up in court. Is it merely the -number- of allegations that's a factor here, or that the judge deemed there be some logic or merit to the claims as well, even without viewing the evidence. The criterion for the ruling is a bit confusing to me, is all.
Would this first judge not need any cause to think there *was* a case worth hearing, though? As in, anyone can 'claim' anything, but not all cases where claims are made end up in court. Is it merely the -number- of allegations that's a factor here, or that the judge deemed there be some logic or merit to the claims as well, even without viewing the evidence. The criterion for the ruling is a bit confusing to me, is all.
AZlawyer
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At the stage of a Motion to Dismiss, the judge simply reads the allegations and decides whether, if everything alleged were true, the defendants would be liable. So there must be some logic to the claims, yes, but there does not have to be any merit to the claims.
Wow! This is great! Great! Great!
coastal
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Carioca
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Hi Mittens -
As self appointed founder, president, and chief bottle washer of the "Hon. Judge Thomas Whelan fan club," welcome! Finally an honest face and soul in San Diego. Yes!!:crush:
As self appointed founder, president, and chief bottle washer of the "Hon. Judge Thomas Whelan fan club," welcome! Finally an honest face and soul in San Diego. Yes!!:crush:
I am shocked and thrilled that Rebecca's Case will have her day in Court to examine ALL THE FACTS and reveal the TRUTHS in this case.
There are so many thoughts,emotions,questions filtering through me right now so I'll start with this and expand each day IF I was the RZ family lawyer.
================================================================================
Serpico - DAY 1
--------------------------------
I want the Judge/jury to FIRST understand the relationship [ business and personal] of 2 major players in the RZ Case. Paul Pfingst was retained by Jonah Shacknai or Jonah's company on July 13,2011....just hours after RZ was found laying nude - lifeless - on the backyard patio grass
with both feet and arms bound by rope. The other major player was Greg Thompson. Who is Greg Thompson - many would ask?
Thompson, was the former TOP DEPUTY for SD District Attorney Paul Pfingst during his 2 term service. Thompson had remained friends with
Pfingst since 2003 when Pfingst was defeated for a 3rd term run. After Pfingst's defeat, Thompson became the Director of the NEW SDSO Forensic Lab [Director of Forensic Services] for the county Sheriff's department from 2003 until late 2010 / early 2011 when Thompson was promoted
or being groomed as Sheriff Gore's future replacement. Thompson's new Title - Sheriff Advisor. Rebecca Zahau's death was during Thompson's
time as Sheriff Advisor.
Thompson,while serving as Director of Forensic Services for 8 years was responsible for the oversight of a full service forensic laboratory, including
Crime Scene Investigations. Thompson directed a staff of 60 forensic scientists and field crime scene technicians. This is IMPORTANT because it's
a fair assumption that Thompson KNEW every "key forensic employee" involved in the RZ case. All questions / doubts about the "lab results" that were done or NOT DONE has to go back to the Thompson factor in my opinion. These forensic technicians at the crime scene and lab employees
in charge of the blood analysis, fingerprints, trace evidence,DNA, etc. were all part of Greg Thompson's former TEAM.
===========================================================================
Polygrapher Paul Redden after Adam Shacknai's poly said,"based on the analysis of the polygraph charts- he couldn't draw a conclusion, but felt
Adam was being truthful in the examination." Sheriff Gore - ex FBI man LIED at his Set.2,2011 Press Conference when he announced to the media
that Adam Shacknai had PASSED his polygraph.
Jack Trimarco - another ex FBI man - after reading Paul Redden's comments said another lie detector needs to be given to Adam Shacknai.
"For someone with Paul Redden's credentials and reputation, to say that he wasn't able to draw a conclusion, but FELT Adam Shacknai was
telling the truth, simply isn't acceptable. Polygraphers don't let emotions or gut feeling or observations to include body language and visualizations
TAINT THE RESULTS." Timarco further stated," If the test is inconclusive , as it was in this case, you state that you have NO OPINION period,
end of discussion.This means you run another test , with new questions. Polygraphers aren't trained to judge people's feelings. Its just not something we do or have the capability of doing.'
===============================================
DAY 2 - tomorrow.
There are so many thoughts,emotions,questions filtering through me right now so I'll start with this and expand each day IF I was the RZ family lawyer.
================================================================================
Serpico - DAY 1
--------------------------------
I want the Judge/jury to FIRST understand the relationship [ business and personal] of 2 major players in the RZ Case. Paul Pfingst was retained by Jonah Shacknai or Jonah's company on July 13,2011....just hours after RZ was found laying nude - lifeless - on the backyard patio grass
with both feet and arms bound by rope. The other major player was Greg Thompson. Who is Greg Thompson - many would ask?
Thompson, was the former TOP DEPUTY for SD District Attorney Paul Pfingst during his 2 term service. Thompson had remained friends with
Pfingst since 2003 when Pfingst was defeated for a 3rd term run. After Pfingst's defeat, Thompson became the Director of the NEW SDSO Forensic Lab [Director of Forensic Services] for the county Sheriff's department from 2003 until late 2010 / early 2011 when Thompson was promoted
or being groomed as Sheriff Gore's future replacement. Thompson's new Title - Sheriff Advisor. Rebecca Zahau's death was during Thompson's
time as Sheriff Advisor.
Thompson,while serving as Director of Forensic Services for 8 years was responsible for the oversight of a full service forensic laboratory, including
Crime Scene Investigations. Thompson directed a staff of 60 forensic scientists and field crime scene technicians. This is IMPORTANT because it's
a fair assumption that Thompson KNEW every "key forensic employee" involved in the RZ case. All questions / doubts about the "lab results" that were done or NOT DONE has to go back to the Thompson factor in my opinion. These forensic technicians at the crime scene and lab employees
in charge of the blood analysis, fingerprints, trace evidence,DNA, etc. were all part of Greg Thompson's former TEAM.
===========================================================================
Polygrapher Paul Redden after Adam Shacknai's poly said,"based on the analysis of the polygraph charts- he couldn't draw a conclusion, but felt
Adam was being truthful in the examination." Sheriff Gore - ex FBI man LIED at his Set.2,2011 Press Conference when he announced to the media
that Adam Shacknai had PASSED his polygraph.
Jack Trimarco - another ex FBI man - after reading Paul Redden's comments said another lie detector needs to be given to Adam Shacknai.
"For someone with Paul Redden's credentials and reputation, to say that he wasn't able to draw a conclusion, but FELT Adam Shacknai was
telling the truth, simply isn't acceptable. Polygraphers don't let emotions or gut feeling or observations to include body language and visualizations
TAINT THE RESULTS." Timarco further stated," If the test is inconclusive , as it was in this case, you state that you have NO OPINION period,
end of discussion.This means you run another test , with new questions. Polygraphers aren't trained to judge people's feelings. Its just not something we do or have the capability of doing.'
===============================================
DAY 2 - tomorrow.
*Lash*
Justice 4 Rebecca
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Lawsuit accuses PV millionaire's ex-wife, brother of murder - azcentral.com
STORY HIGHLIGHTS
•A federal judge this week said there are "sufficient factual allegations" for wrongful death suit to move forward against the ex-wife and brother of Paradise Valley millionaire Jonah Shacknai.
•The suit accuses Dina and Adam Shacknai of planning and executing Rebecca Zahau at Shacknai's Coronado Mansion in 2011. The suit claims the murder was in retaliation for the death of 6-year-old Max Shacknai.
•Coronado Police, San Diego County Sheriff's Office investigators and the San Diego County Medical Examiner's Office ruled Zahau's death a suicide.
http://www.azcentral.com/story/mone...millionaires-ex-wife-brother-murder/17491965/
STORY HIGHLIGHTS
•A federal judge this week said there are "sufficient factual allegations" for wrongful death suit to move forward against the ex-wife and brother of Paradise Valley millionaire Jonah Shacknai.
•The suit accuses Dina and Adam Shacknai of planning and executing Rebecca Zahau at Shacknai's Coronado Mansion in 2011. The suit claims the murder was in retaliation for the death of 6-year-old Max Shacknai.
•Coronado Police, San Diego County Sheriff's Office investigators and the San Diego County Medical Examiner's Office ruled Zahau's death a suicide.
http://www.azcentral.com/story/mone...millionaires-ex-wife-brother-murder/17491965/
*Lash*
Justice 4 Rebecca
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Finally! Thank you Judge Whelan and thank you to the Zahau family 
As well, I am thankful for the support of the Zahau attorneys who want to see this go to trial!
I will be praying for the Zahau's as this will likely be a long road. 2 long years have passed and their fight for the truth has been nothing but admirable. I am glad Rebecca came from such a strong family. A family that has held their heads high through all of this and not stooped to the ugly levels this case as seen. I admire their fight for justice and their courage.
)
As well, I am thankful for the support of the Zahau attorneys who want to see this go to trial! I will be praying for the Zahau's as this will likely be a long road. 2 long years have passed and their fight for the truth has been nothing but admirable. I am glad Rebecca came from such a strong family. A family that has held their heads high through all of this and not stooped to the ugly levels this case as seen. I admire their fight for justice and their courage.
JUSTICE 4 REBECCA!
( Welcome to the group Mittens and Mombal
)Was Nina dropped from the suit?
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