Wrongful death trial begins. Trial coverage and discussion #2

[justice be served]

RSBM

I had never heard of a motion for non-suit (we don't have that in my state which is also where I went to law school, so I never learned it). It seems to essentially be the same or very similar to a motion for a directed verdict which would be a very standard motion to file in almost any civil law suit. Here is the California code on motion for non-suit and an article comparing and contrasting the difference between motion for non-suit and motion for a directed verdict. The biggest difference seems to be the non-suit motion can come right after the plaintiff is finished presenting their case, before the defense presents; whereas the directed verdict comes after both sides prevent but before the case goes to the jury.
http://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-581c.html
http://www.legaldocspro.net/blog/motion-for-a-directed-verdict-in-california/

Bumping post by SBHack Verified Attorney on motion for non-suit being ruled upon by the judge today.

 

[Seattle1]

What is ROA please

the court's "Register of Actions"

 

[kathyn2]

What was the ruling. Today is over in court...

 

[justice be served]

What was the ruling. Today is over in court...

When you are in court, you cannot have your phone on. After the trial is over, there are typically off the record conversations with the judge - with jury not present after 4:00. Then to go through your notes and make sense of what has occurred on a very long day takes time. Be patient...........and I wasn't there today and I don't believe Lezah could make it either.

 

[Lolliknows]

AS also said he’s “proud and grateful he’s not married to his GF” Who says that?

 

[minorone]

Speaking from experience traumatic events are the hardest to recall and the most affected by things that degrade or change memories.

Studies done by neuroscientists would disagree with you. Studies done show that the brain’s reaction to unfortunate emotionally charged events have a significant impact on your memory.

This is a quote from one of many studies done by neuroscientists that explain why we remember emotionally charged events so well and why neutral mundane events are not remembered very well:

“Scientists have zeroed in on an answer to why we remember traumatic events better than the mundane.
In a study of rats, emotionally arousing events triggered activity in the amygdala, an almond-shaped part of the brain known to be involved in emotional learning and memory. The interaction then triggers production of a protein called Arc in neurons in the hippocampus, a brain region involved in processing long-term memory.
The scientists think the Arc protein helps store certain memories by strengthening synapses, the connections between neurons in the brain.”

I will never forgot events like 9/11, boston bombing, car accidents, death of loved ones, etc. that I have personally experienced. Do not ask me what I ate or did a few days ago....I have difficulty remembering those mundane everyday things.

 

[kathyn2]

I think she was murdered but what proof is there that AS did it besides that he was home. What if someone else came and did it. What if JS had it done by someone. I think there is proof she was murdered but no proof AS did it. I think he will get off. What reason did he have to kill her out of the family?

 

[Seattle1]

Speaking from experience traumatic events are the hardest to recall and the most affected by things that degrade or change memories.

Perhaps at initial shock reaction this is true but not nearly so seven years later. For example, how would you explain PTSD if hard to recall?

 

[BooBooTheFool]

Perhaps at initial shock reaction this is true but not nearly so seven years later. For example, how would you explain PTSD if hard to recall?

That's different, obviously and there's an emotional component. But I have PTSD and the thing that happened, I mis-remembered a lot of the stuff that went on (not what happened but the time of day, where I was exactly, what the other person was wearing etc.,). Just my personal take on how the mind can play tricks.

 

[Seattle1]

That's different, obviously and there's an emotional component. But I have PTSD and the thing that happened, I mis-remembered a lot of the stuff that went on (not what happened but the time of day, where I was exactly, what the other person was wearing etc.,). Just my personal take on how the mind can play tricks.

I'm sorry to hear that, be well.

 

[cynic]

Here's what happened with regard to the motion for nonsuit...

One of the three claims in the Rebecca Zahau wrongful death lawsuit — a minor issue involving misuse of her property — was dismissed in court Tuesday.
San Diego Superior Court Judge Katherine Bacal left in place the two most serious causes of action, wrongful death and battery.
The judge also agreed to replace one of the jurors, who has pre-paid tickets for a vacation in Japan next week, with an alternate. The lawyers said they would not finish with time for jury deliberations before that juror would need to leave.
The dismissal of part of the lawsuit came at the request of defense lawyers for Adam Shacknai, who is accused in the lawsuit of strangling Zahau in 2011 and trying to make it look like a suicide by hanging her off the balcony of her boyfriend’s Coronado mansion.
http://www.sandiegouniontribune.com/news/courts/sd-me-shacknai-ruling-20180320-story.html

 

[Imp]

AS also said he’s “proud and grateful he’s not married to his GF” Who says that?

WTH? What a weird, insulting, nonsensical thing to say. Good grief.

 

[Mica]

Also from cynic’s link...

>>snip


The defense then filed a 13-page motion for nonsuit, claiming that Greer had failed to present any eyewitness, law enforcement, scientific or documentary evidence linking Shacknai to the death.

Bacal disagreed in part, saying there were inferences a jury could draw from testimony presented by various expert witnesses called by Greer to talk about knots used on the ropes that bound Zahau and handwriting analysis of a message painted on a bedroom door.

However, the judge dismissed a cause of action for conversion, that Shacknai “intentionally and substantially interfered with Zahau’s personal property.”

Greer told the judge the property he was referring to included the long-sleeved blue T-shirt used to gag Zahau's mouth. He admitted he had no evidence that the shirt was hers.

A second piece of clothing that supposedly had disappeared — a sparkly striped dress she wore the afternoon before her death — could be seen in a sheriff’s crime scene photo presented to jurors. The dress and her light gray jacket were plainly part of a heap of laundry on the floor of the mansion’s master bedroom closet.

>>snip

 

[Imp]

Here's what happened with regard to the motion for nonsuit...

One of the three claims in the Rebecca Zahau wrongful death lawsuit — a minor issue involving misuse of her property — was dismissed in court Tuesday.
San Diego Superior Court Judge Katherine Bacal left in place the two most serious causes of action, wrongful death and battery.
The judge also agreed to replace one of the jurors, who has pre-paid tickets for a vacation in Japan next week, with an alternate. The lawyers said they would not finish with time for jury deliberations before that juror would need to leave.
The dismissal of part of the lawsuit came at the request of defense lawyers for Adam Shacknai, who is accused in the lawsuit of strangling Zahau in 2011 and trying to make it look like a suicide by hanging her off the balcony of her boyfriend’s Coronado mansion.
http://www.sandiegouniontribune.com/news/courts/sd-me-shacknai-ruling-20180320-story.html

Thanks for the clarification, cynic!

 

[Imp]

Also from cynic’s link...

>>snip


The defense then filed a 13-page motion for nonsuit, claiming that Greer had failed to present any eyewitness, law enforcement, scientific or documentary evidence linking Shacknai to the death.

Bacal disagreed in part, saying there were inferences a jury could draw from testimony presented by various expert witnesses called by Greer to talk about knots used on the ropes that bound Zahau and handwriting analysis of a message painted on a bedroom door.

However, the judge dismissed a cause of action for conversion, that Shacknai “intentionally and substantially interfered with Zahau’s personal property.”

Greer told the judge the property he was referring to included the long-sleeved blue T-shirt used to gag Zahau's mouth. He admitted he had no evidence that the shirt was hers.

A second piece of clothing that supposedly had disappeared — a sparkly striped dress she wore the afternoon before her death — could be seen in a sheriff’s crime scene photo presented to jurors. The dress and her light gray jacket were plainly part of a heap of laundry on the floor of the mansion’s master bedroom closet.

>>snip

Aha. So the clothes she was wearing were not "disappeared," as we thought.

So that changes my ever-evolving theory with regard to when the interaction with the killer began. I was thinking she was still dressed when he began his assault, and her clothes held evidence he needed to get rid of. Now I'm agreeing with those who believe she may have been approached initially while showering, thus the (untested) blood and the (untested) handful of hair found in the MBR shower.

 

[Seattle1]

For whoever pm me earlier, broadcast was requested by RZ plaintiffs. (AS lawyers had nothing to do with it). Also, please see "Lawsuit Overview" thread where I'm posting Court Transcripts. Thanks for your support.

From the ROA:

1052 03/19/2018 Media Request to Photograph, Record, or Broadcast (KGTV-10 (for Live Streaming of Testimony of Adam Shacknai)) filed by Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased; Shacknai, Adam. Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased (Plaintiff); Shacknai, Adam (Defendant)


1050 03/19/2018 Media Request to Photograph, Record, or Broadcast (by KFMB - TV8 (for Live Streaming of Testimony of Adam Shacknai)) filed by Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased; Shacknai, Adam. Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased (Plaintiff); Shacknai, Adam (Defendant) Media Request to Photograph, Record, or Broadcast

 

[Tortoise]

...And breathe!

thanks cynic

 

[Seattle1]

Also from cynic’s link...

>>snip


The defense then filed a 13-page motion for nonsuit, claiming that Greer had failed to present any eyewitness, law enforcement, scientific or documentary evidence linking Shacknai to the death.

Bacal disagreed in part, saying there were inferences a jury could draw from testimony presented by various expert witnesses called by Greer to talk about knots used on the ropes that bound Zahau and handwriting analysis of a message painted on a bedroom door.

However, the judge dismissed a cause of action for conversion, that Shacknai “intentionally and substantially interfered with Zahau’s personal property.”

Greer told the judge the property he was referring to included the long-sleeved blue T-shirt used to gag Zahau's mouth. He admitted he had no evidence that the shirt was hers.

A second piece of clothing that supposedly had disappeared — a sparkly striped dress she wore the afternoon before her death — could be seen in a sheriff’s crime scene photo presented to jurors. The dress and her light gray jacket were plainly part of a heap of laundry on the floor of the mansion’s master bedroom closet.

>>snip

Whew... I was hoping it was only this that made for the partial Motion for Nonsuit!!

AS previously provided Dr Wecht autopsy report and MZ deposition as evidence where each described the striped, sparkly dress as RZ burial clothes.

 

[coastal]

For whoever pm me earlier, broadcast was requested by RZ plaintiffs. (AS lawyers had nothing to do with it). Also, please see "Overview" thread where I'm posting Court Transcripts. Thanks for your support.

From the ROA:

1052 03/19/2018 Media Request to Photograph, Record, or Broadcast (KGTV-10 (for Live Streaming of Testimony of Adam Shacknai)) filed by Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased; Shacknai, Adam. Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased (Plaintiff); Shacknai, Adam (Defendant)


1050 03/19/2018 Media Request to Photograph, Record, or Broadcast (by KFMB - TV8 (for Live Streaming of Testimony of Adam Shacknai)) filed by Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased; Shacknai, Adam. Pari Z. Zahau, on her own behalf, and on behalf of Rebecca Zahau, Deceased (Plaintiff); Shacknai, Adam (Defendant) Media Request to Photograph, Record, or Broadcast

Thank you for typing the court transcripts, Seattle1! That's a lot of work!

 

[NotAtAll]

I was worried for a minute. Thanks for posting an update on the Motion for Nonsuit, cynic!