Wrongful death trial begins. Trial coverage and discussion

[Mica]

BBM-

The only phone records released by LE were Rebecca‘s. Nina gave a few screenshots/copies of her records to the media. Other than that we have not seen Jonah, Dina or Adam’s phone records. IMO, if Greer is stating they “matched up” that is telling Jonah did indeed call Rebecca at 12:50am. It doesn’t mean Jonah left a VM, but it would confirm a call? Correct?

WS Thread - Rebecca’s Cell Phone Records:

https://www.websleuths.com/forums/showthread.php?149327-Rebecca-s-cell-phone-records

• Received a phone message at 12:50 a.m. July 13 informing her the boy's condition had worsened.

https://patch.com/california/coronado/case-closde-zahau-death-ruled-a-suicide

And this....

>>>snip

As the cell phone carrier explained to David Gotfredson, a KFMB-TV Field Producer, the phone log was incomplete. It did not record calls that were forwarded to voice mail, or other incoming calls that were received when the phone was turned off.

What is known about the last 15 calls of Ms. Zahau’s short life was that 9 of the communications, over half, were between Rebecca and her sister Mary Zahau-Loehner’s cell phone in Saint Joseph, Missouri, in the form of both voice and text messages, the longest one being an outgoing call lasting 27 minutes, placed by Rebecca at 8:06 p.m. PDT.

Two were brief outgoing calls to Jonah Shacknai’s cell phone, lasting less than 1 minute for each one. There was also an incoming call from Adam Shacknai, and an incoming text message from Nina Romano, Jonah’s ex sister-in-law, and the twin sister of his second wife, Dina.

Of the two other calls, one was from Coronado Bay Urgent Care concerning a follow up appointment for Rebecca’s sister, 13-year-old Zena Zahau, who had received stitches in her leg at the medical facility on Monday, July 11 after cutting herself on glass, possibly from the chandelier next to the L-shaped main stairway, which crashed into the ground after 6-year-old Maxfield Aaron Shacknai allegedly fell over the second floor stairway banister, on Monday, July 11, 2011 at 10:10 a.m. while riding his Razor scooter, possibly colliding with the family’s Weimaraner dog, who was named “Ocean.”

The last call was made by Rebecca to her voice mail at 12:50 a.m. Wednesday morning. That voice message has since been erased, but was said to contain news that Max, who was being treated at Rady Children’s Hospital Pediatric Intensive Care Unit, in La Jolla, had taken a turn for the worse and was not likely to survive.

https://knotmove.com/rebecca-zahau-cell-phone-log-shows-calls-during-her-last-hours/

 

[*Lash*]

[FONT=&amp]Interns outside the stage door. Publicity photo of the Playhouse on the Square 1986-1987 interns. From left: Adam Shacknai, Patricia (?), Costume intern (?), Mindy Moore, Bill Buster, Angela Powers Ward, Candy Swift, Jean Williams.

https://memphislibrary.contentdm.oclc.org/digital/search/searchterm/Adam Shacknai
[/FONT]

 

[K_Z]

My comments in blue:

KZ here is an older article where Dina was interviewed. If she's telling the truth, then the MRI on Max after Rebecca's death is when they got the news that Max had extensive brain damage.

I know that article very well. I do think it is true that Dina and Jonah were receiving news from the LATEST MRI that Max had, which was definitely not the "first". In that article, Dina discusses that this is when they found out Max's basal ganglia was irreparably damaged, and he would not recover.

The basal ganglia is deep within the hemispheres of the cerebral cortex, at the position of the midbrain. The basal ganglia is the "control center" for connections to many, many functions of the brain, including motor movement (including cranial nerve eye movements), speech, cognition (thinking and intellect), personality and emotion, and neurotransmitters (such as dopamine). Necrosis (death) of the basal ganglia is not recoverable. It is also not a "primary injury" from trauma (not discussing things like strokes in this area)-- in Max's case it is damage/ tissue death that has extended from the primary injury and extreme swelling of the brain. Max would have had many different tests from the time of admission, and serial tests to determine how the brain was responding to their interventions. They were giving him, and the family time to come to terms with his devastating injuries, as well as documenting what was going on, as the preliminary process to diagnosing brain death, IMO. This was just not a recoverable situation. Max died at the bottom of the stairs. He just had a healthy 6 year old heart, that once they finally had lines to give meds, was responsive to the catecholamines, and re-established a rhythm.

Given his extremely poor prognosis from the time of admission (reference trauma induced cardiac arrest in pediatrics), it's my opinion that the clinicians were already aware that it was extremely unlikely Max would recover. Many of the trauma studies I linked in an old thread discuss the clinical picture as so overwhelmingly fatal, that prolonged resuscitation after major trauma, to cardiac resuscitation only, should be considered a potential organ donation situation.

*I will find the old thread and link it.

Here it is, from 2012:

https://www.websleuths.com/forums/showthread.php?185699-Max-Shacknai-EMS-Report




However, prior to that doctors were trying to figure out how/why Max went into cardiac arrest.

I know this is what Dina has said, but I don't believe a word of it. At best, she is mistaken in interpreting what she thought she heard-- and can be forgiven for that because of the shock of the situation. And I don't believe his doctors were puzzled or confused about why Max had the cardiac arrest-- they may have wondered about the specific circumstances of the fall, but not the fall and head injuries causing the cardiac arrest. (Remember, max also had an ENORMOUS skull fracture in addition to the brain injuries.)

Max suffered a cardiac arrest from his head injury. It's really beyond preposterous that a healthy kid would "suddenly" have some kind of electrical cardiac event, and THEN fall head first over a railing. Yes, I know Max had a recent routine checkup where they heard a heart murmur weeks or months before the fall, but that is vastly different from complex electrical cardiac conditions that occur in pediatrics. Many kids have faint murmurs which are benign, and murmurs do not lead to sudden cardiac arrest in otherwise healthy, very active children.

Part of the problem is the colloquial terminology "heart attack" that both Dina and Jonah are said to have used, and the game of telephone that passes that term around with muddling of the before and after scenario. Max had cardiac arrest (not a myocardial infarction) secondary to a massive head trauma, with prolonged and complicated resuscitation. He did not have a "heart attack".


http://www.phoenixmag.com/valley-news/boy-interrupted.html

I remember, but unfortunately don't have a link to reports that initially there was a doctor who suspected strangulation or suffocation, and Rebecca was not allowed in the room with Max. IIRC that doctor also initiated a report with CPS. Does anybody else remember that? Years ago when I saw that info I thought well if that isn't motive for murder then what is? But all later reports turned into Dina (who was also speaking for Jonah) thinking Max was going to be okay at the time of Rebecca's death, like they hadn't heard a devastating prognosis yet.


The "strangulation and suffocation" line of conversation is in my opinion, another example of a colloquial interpretation/ misunderstanding of what the doctors were telling the parents. Max had very devastating hypoxic
ischemic encephalopathy-- massive swelling of the brain due to lack of oxygen. He didn't have "lack of oxygen" because he was strangled-- there is just no evidence of that, even according to Judy Melinek. He had HIE because he had a 30+ min cardiac arrest with extremely complicated airway management from the passive regurgitation of his stomach contents-- which went on to produce a massive aspiration pneumonitis.

When docs were explaining what was occurring in Max's brain from the hypoxia, they may have used some descriptors or examples in their explanations, such explaining that is the kind of evolving and progressing damage that occurs from a prolonged lack of oxygen, using strangulation as an example of hypoxia, not that Max was *actually* strangled. Dina apparently clutched onto this example of strangulation, and ran with it for months and months as one of her "public theories" of how she imagined Rebecca killed Max.

Every child that presents with serious injuries that are unwitnessed is referred to child protective services. It is a routine referral that should never have been implied in this case to suggest something nefarious occurred.

As to Rebecca "not being allowed in the room with Max"-- well, she isn't his mother or his legal guardian.

At that point, both of Max's parents were present at the hospital.

We don't know if either Dina or Jonah actively "prevented" Rebecca from visiting by placing Rebecca on the "do not visit" list-- and we have not ever heard this anywhere.

We can infer that if both parents were at the bedside, no other visitors would be allowed at that point (usually restricted in pedes ICU to one or 2 at a time, and in the early hours when a lot of discussions between docs and parents are going on, and stabilization is occurring, usually only parents/ guardians are permitted.

So again, routine visiting policies in pedes ICU could be manipulated in the telling to suggest something nefarious by someone who wants to make Rebecca look bad.

However, I don't doubt at all that Dina didn't want Rebecca in Max's room, or around when docs were talking to them. Why would she?

I highly doubt a doctor visited Jonah late at night and gave him bad news, and he decided to share that with Rebecca by voice mail but said nothing to Dina?

No, this voice mail bs and when they knew what isn't adding up. IMO Dina is and has tried to take the motive to kill Rebecca out of the equation for the Shacknai clan.

It's kind of odd to me that Dina now thinks Rebecca was murdered, she just doesn't think the killer was Adam.

 

[K_Z]

Question for Mr. Greer-- or anyone who knows.

Has anything more come of the claim that Adam took Ambien the evening of Rebecca's death?

We had an entire old thread on "Adam and the Ambien."

People have been known to do very strange, and even dangerous things while under the influence of Ambien.

I personally know a woman whose adult son committed suicide while on Ambien. He was new to working night shift and had sleeping difficulties. Doc prescribed Ambien. The son committed suicide after one of the first doses. Had never had suicidal ideation, depression, or any symptoms of mental illness. Unspeakably tragic. Shocked the community.

 

[Imp]

BBM-

The only phone records released by LE were Rebecca‘s. Nina gave a few screenshots/copies of her records to the media. Other than that we have not seen Jonah, Dina or Adam’s phone records. IMO, if Greer is stating they “matched up” that is telling Jonah did indeed call Rebecca at 12:50am. It doesn’t mean Jonah left a VM, but it would confirm a call? Correct?

WS Thread - Rebecca’s Cell Phone Records:

https://www.websleuths.com/forums/showthread.php?149327-Rebecca-s-cell-phone-records

• Received a phone message at 12:50 a.m. July 13 informing her the boy's condition had worsened.

https://patch.com/california/coronado/case-closde-zahau-death-ruled-a-suicide

Yeah, I'm not comfortable glossing over the phone data (not that Mr. Greer is doing so), in particular Jonah's and Adam's phone activity for, say, the day Max fell through, say, the end of July at least.

 

[Imp]

well interestingly if Jonah was already dating another woman (whom he later married) while still with Rebecca, the whole 'i'll tex my brother that Rebecca is dead" and Jonah not paying for Rebecca's funeral, and a few other things suddenly seem to make more sense.

Agree. That information, which was mentioned yesterday by Lezah, which I believe came from the request for summary judgment documents, causes a few more puzzle pieces to fall into place.

 

[bourne]

well interestingly if Jonah was already dating another woman (whom he later married) while still with Rebecca, the whole 'i'll tex my brother that Rebecca is dead" and Jonah not paying for Rebecca's funeral, and a few other things suddenly seem to make more sense.

Where did you get the idea that Jonah was dating another woman while still dating Rebecca when Rebecca was found murdered? TIA

 

[K_Z]

A few links to relevant studies on cardiac arrest in kids after blunt head trauma. There is just no way that any clinicians were giving false hope, or even an optimistic outlook, to Max's parents.

Prognosis for Children in Cardiac Arrest Shortly After Cranial Trauma

CONCLUSION:
Survival in 40 consecutive children with documented cardiac arrest caused by blunt cranial trauma was 2.5%. This series, when combined with other published reports, is supportive of the position that aggressive resuscitation is rarely successful after 10 minutes and futile after 20 minutes.

https://www.ncbi.nlm.nih.gov/pubmed/20173663

Cardiac arrest induced by blunt trauma in children.

CONCLUSION:
The outcome from blunt cardiac arrest in children is rapidly and nearly uniformly fatal despite resuscitation. Because severe head injuries resulting in brain death are the leading cause of mortality, a significant percentage of organ donations are obtained from these patients.

https://www.ncbi.nlm.nih.gov/pubmed/10460086

Outcome of cardiovascular collapse in pediatric blunt trauma.

CONCLUSION:
No child who presented with pulseless cardiac arrest or severe hypotension following blunt trauma achieved functional survival. Reimbursed care for pediatric victims of blunt trauma demonstrating cardiovascular collapse is disproportionately poor compared with that for pediatric patients who maintain hemodynamic integrity in the ED. Half of all patients who were stabilized sufficiently for transfer to the pediatric ICU were eligible potential organ donors. Therefore aggressive resuscitation of these patients may be justified if organ donation is seriously contemplated and aggressively pursued.

https://www.ncbi.nlm.nih.gov/pubmed/8198295

Survival and neurologic outcome after traumatic out-of-hospital cardiopulmonary arrest in a pediatric and adult population: a systematic review

Conclusions
Children have a higher chance of survival after resuscitation of an out-of-hospital traumatic cardiac arrest compared to adults but tend to have a poorer neurological outcome at discharge.

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3580693/

 

[*Lash*]

Case No. 37-2013-00075418-CU-PO-CTL
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION OF DEFENDANT ADAM SHACKNAI’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION

:tyou: cynic

BBM

ARGUMENT
A. Substantial evidence rebuts the coroner’s “suicide” opinion.
Although San Diego Deputy Medical Examiner Jonathan Lucas, M.D. admits in his autopsy report that, “The circumstances of this death are unusual and were initially considered suspicious,” he opines that Rebecca committed suicide because: (1) there were no signs of struggle or other footprints on the balcony; (2) there was no sign of a struggle at the scene; (3) there was no toxicology evidence that she was sedated; and a “complete and thorough investigation” by the San Diego Sheriffs Office “found no clear evidence that the death was a homicidc.” (Declaration of Krista Enns, Exhibit G, Lucas Report, pg. 3).

Plaintiffs respectfully submit that the Dr. Lucas’s report is a classic example of “confirmation bias,” i.e., when information that supports a predetermined conclusion is given priority over information that does not support the conclusion, and facts and opinions that don’t coincide with the conclusion are filtered out. Moreover, an unbiased review of all the facts shows that this was very clearly murder, and the reason there were minimal signs of a struggle are that Rebecca was rendered unconscious by four blows to her head by a blunt object, and she was then strangled in the mansion before she was thrown off the balcony.

 

[Imp]

See Lezah's post #625: https://www.websleuths.com/forums/s...verage-and-discussion&p=13981524#post13981524

(Hope that link works.)

I haven't seen/read the summary judgment documents. Apparently, Lezah has.

 

[*Lash*]

Case No. 37-2013-00075418-CU-PO-CTL
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION OF DEFENDANT ADAM SHACKNAI’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION
ARGUMENT

4. Rebecca was not given bad news that evening.
Dr. Lucas states in his report that: “despite no history of depression, the decedent was found the morning after she apparently learned that her boyfriend’s son - who was under her care when his fall occurred two days prior - would likely not survive.” (Erins Decl. Ex. G, Lucas Report at pg. 3). However, the tests that had been performed on six-year-old Max Shacknai prior to Rebecca’s death showed that he was not getting any worse, and in fact there was slight improvement in his condition. (Greer Decl. Ex. M, Medical Records pg. 505). Dina Shacknai, Max’s mother, was at the hospital with Max from the afternoon of July 12th through midmorning on July 13th, and testified that the doctors confirmed to her on the evening of July 12th that cautious optimism was still appropriate regarding Max, and they would not know if there was any change in his condition until tests were performed the following day. (Greer Decl. Ex. G, Dina Shacknai Depo. at 102:17-19). Thus, there is substantial evidence refuting the existence of the single fact that the Sheriff’s Department and Dr. Lucas relied upon in opining that Rebecca had a motivation for suicide, i.e., that prior to her death she was told Max was going to die.

It should also be noted that the emotional bond between Jonah Shacknai and Rebecca hadalready deteriorated by the time she was murdered to the point where she was considering leaving him and he was already dating the woman he would eventually marry. (Greer Decl., Ex. I, Mary Zahau- Loehner Depo. at pgs. 62:24-63:24; Ex. G, Dina Shacknai Depo. at 154:20-155:22). This information, which tends to undermine the perception that Rebecca and Jonah were still madly in love and the injury to Max was therefore so painful Rebecca was compelled to end her life, was not shared with the Sheriffs Department or the Medical Examiner.

 

[Imp]

Case No. 37-2013-00075418-CU-PO-CTL
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION OF DEFENDANT ADAM SHACKNAI’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION
ARGUMENT

4. Rebecca was not given bad news that evening.
Dr. Lucas states in his report that: “despite no history of depression, the decedent was found the morning after she apparently learned that her boyfriend’s son - who was under her care when his fall occurred two days prior - would likely not survive.” (Erins Decl. Ex. G, Lucas Report at pg. 3). However, the tests that had been performed on six-year-old Max Shacknai prior to Rebecca’s death showed that he was not getting any worse, and in fact there was slight improvement in his condition. (Greer Decl. Ex. M, Medical Records pg. 505). Dina Shacknai, Max’s mother, was at the hospital with Max from the afternoon of July 12th through midmorning on July 13th, and testified that the doctors confirmed to her on the evening of July 12th that cautious optimism was still appropriate regarding Max, and they would not know if there was any change in his condition until tests were performed the following day. (Greer Decl. Ex. G, Dina Shacknai Depo. at 102:17-19). Thus, there is substantial evidence refuting the existence of the single fact that the Sheriff’s Department and Dr. Lucas relied upon in opining that Rebecca had a motivation for suicide, i.e., that prior to her death she was told Max was going to die.

It should also be noted that the emotional bond between Jonah Shacknai and Rebecca hadalready deteriorated by the time she was murdered to the point where she was considering leaving him and he was already dating the woman he would eventually marry. (Greer Decl., Ex. I, Mary Zahau- Loehner Depo. at pgs. 62:24-63:24; Ex. G, Dina Shacknai Depo. at 154:20-155:22). This information, which tends to undermine the perception that Rebecca and Jonah were still madly in love and the injury to Max was therefore so painful Rebecca was compelled to end her life, was not shared with the Sheriffs Department or the Medical Examiner.

Hi *Lash* ... any clue whether the JS-RZ relationship status came from MZL or DS?

 

[Imp]

Boy, this business about Max's actual condition from the time of his fall to the night RZ was murdered, what the doctors told his parents, Dina's and Jonah's interpretation of what they were told, and the voicemail Jonah supposedly left for Rebecca after midnight, is beyond confusing. I'm most interested in the voicemail. Did he really leave it? If so, what did he say in it? Why didn't RZ take the call? Why was the rumored voicemail message erased? Do Jonah's phone records indicate a call to RZ at that time? Why would he leave her a message that supposedly contradicts what he and Dina were told by doctors?

Sheesh.

 

[*Lash*]

Case No. 37-2013-00075418-CU-PO-CTL
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION OF DEFENDANT ADAM SHACKNAI’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION

ARGUMENT

2. Rebccca was strangled before being hanged.
Both Dr. Lucas and Dr. Wecht determined that the cricoid cartilage in Rebecca’s neck, well below the furrows left on Rebecca’s neck from the noose, had been fractured, and both agreed that this type of injury is consistent with manual strangulation. Dr. Lucas testified:


“Q. I want to read this to you and ask your opinion on it. It says, “Rebecca sustained a left cricoid” - - c-r-i-c-o-i-d - “fracture, a fracture of the left arm of the hyoid bone” - h-y-o-i-d - “and a fracture of the base of the left superior horn of the thyroid cartilage, all injuries which typically occur with strangulation and is unlikely to occur with a hanging.” Do you agree with that?

A. Yes, 1 agree with that statement.”

(Finns Decl., Ex. G, Lucas Depo. at 47:24-48:7).

Dr. Wecht, after further discussing the basis for his opinion (Greer Decl. Ex.A, Wecht Depo.
at 88:5-89:23), testified:


“Q. And do you have an opinion as to the cause of death?

A. I believe that the cause of death, with reasonable mcdical probability, would have been strangulation based upon the fracture of the cricoid to a great extent, based upon other findings which have been discussed, and maybe some which we have not touched upon in full. I'm not sure, I can’t speak for Mr. Greer, but I believe that she was more likely than not dead or in the process of dying, what we call pcrimortem period, when the body was then hurled off the balcony. So, I believe that, rather than she was fully conscious and everything was okay from a physical standpoint and that she managed to do all the binding, get herself up on the railing, and then hurled herself off in a fully conscious state and died then from asphyxiation due to hanging. That’s my opinion.”


(Greer Decl., Ex. A, Wecht Depo. at 137:12-138:7).

 

[coastal]

maybe this photo was misunderstood?

Thank you for this post, Tortoise, and for the image of the whited-out door. A misunderstanding is the most likely explanation for my confusion about the door, and I thank you for reminding me of that. So much for my big conspiracy theory, then. What a relief!

Still, the careful editing of the narrative shouts at me. It's hard to explain something that isn't there, which can only be seen by looking at the empty space where something used to be. Posters (puppets) and posts, comments on local news articles, websites, threads, complete theories, e-novels, heck. Even entire philosophies about this crime have vanished from the internet.

If I I delete a comment on the internet, and nobody saved it, did it make a sound?

 

[Mica]

Boy, this business about Max's actual condition from the time of his fall to the night RZ was murdered, what the doctors told his parents, Dina's and Jonah's interpretation of what they were told, and the voicemail Jonah supposedly left for Rebecca after midnight, is beyond confusing. I'm most interested in the voicemail. Did he really leave it? If so, what did he say in it? Why didn't RZ take the call? Why was the rumored voicemail message erased? Do Jonah's phone records indicate a call to RZ at that time? Why would he leave her a message that supposedly contradicts what he and Dina were told by doctors?

Sheesh.

Exactly, why didn’t RZ take the call from Jonah? Maybe she was “tied up,” so to speak. Perhaps the murderer was busy with Rebecca and then later accessed Jonah’s voicemail and erased it, thinking it would never be found? I assume Jonah’s phone record confirmed he made the last call to Rebecca.

 

[K_Z]

Boy, this business about Max's actual condition from the time of his fall to the night RZ was murdered, what the doctors told his parents, Dina's and Jonah's interpretation of what they were told, and the voicemail Jonah supposedly left for Rebecca after midnight, is beyond confusing. I'm most interested in the voicemail. Did he really leave it? If so, what did he say in it? Why didn't RZ take the call? Why was the rumored voicemail message erased? Do Jonah's phone records indicate a call to RZ at that time? Why would he leave her a message that supposedly contradicts what he and Dina were told by doctors?

Sheesh.

Totally agree, and this would be *very critical* to establish using Max's medical records and testimony from his caregivers, if the criminal investigation were ever to be reopened (which I highly doubt). Max's caregivers could ALSO provide insight into the dynamics that were being displayed to caregivers between Jonah and Dina at the hospital-- was there anger at each other? Anger at Rebecca? Was anyone verbalizing that Rebecca or XZ hurt Max? What questions were they asking docs and nurses? What was their interaction with each other, and with staff individually? What was their demeanor?

However, since Dina's comments are in evidence that she believed Max was recovering, it provides support to excuse Dina from the lawsuit (in combination with the lately found video evidence of her at Rady). And for Mr. Greer to argue that if Rebecca thought Max was at least stable, or improving slightly, she would be less likely to have committed an impulsive, very strange suicide, that looked like a murder.

The "Max was getting better" story from Dina in her deposition is inconsistent with Jonah's claim he phoned Rebecca with a late night "he took a turn for the worse" VM, which precipitated a guilt- induced suicide.

If we were to have access to Max's medical records, and testimony from his doctors, it might reveal evidence that could support a conspiracy to murder her, or support the murder without a conspiracy.

Right now, Mr. Greer has to go with what is in evidence, and that is Dina's comments that she "thought" Max was improving.

The really interesting thing is that the most consistent explanation is that Max was in dire condition, with a grim prognosis from the time of admission, to the time of Rebecca's death. Then Jonah's alleged voicemail contents are consistent with what Dina told the writer about the day of Rebecca's death-- that she was on her way in to get the results of Max's latest MRI, which showed the basal ganglia necrosis. And consistent from the seriousness of the situation as we know it from the EMS report. And consistent with Max's eventual diagnosis of brain death with organ donation less than 48 hours after Rebecca's death.

Max's actual condition (as documented in his unavailable medical records, and by testimony of his doctors) provides justification and a motive for Rebecca's murder and/or a conspiracy to murder her. OR-- provides a motive for the circumstances of an astonishing and impulsive, and elaborate, suicide scene-- but without any actual evidence that she ever had any suicidal ideation or history of any kind of mental illness.

And it's also why it would be so important to know if Adam ever took Ambien the night of Rebecca's death.

That's why Max's actual condition is so very relevant to Rebecca's death circumstances, IMO.

 

[Seattle1]

well interestingly if Jonah was already dating another woman (whom he later married) while still with Rebecca, the whole 'i'll tex my brother that Rebecca is dead" and Jonah not paying for Rebecca's funeral, and a few other things suddenly seem to make more sense.

Reference ROA 555 400+ pages from AS defense: Jonah DID PAY for Rebecca's funeral.. I believe it's also confirmed in Pari's deposition.

 

[Betty P]

Reference ROA 555 400+ pages from AS defense: Jonah DID PAY for Rebecca's funeral.. I believe it's also confirmed in Pari's deposition.

Can you verify that info from Pari's deposition? Thanks!

 

[K_Z]

Case No. 37-2013-00075418-CU-PO-CTL
PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION OF DEFENDANT ADAM SHACKNAI’S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION
ARGUMENT

4. Rebecca was not given bad news that evening.
Dr. Lucas states in his report that: “despite no history of depression, the decedent was found the morning after she apparently learned that her boyfriend’s son - who was under her care when his fall occurred two days prior - would likely not survive.” (Erins Decl. Ex. G, Lucas Report at pg. 3). However, the tests that had been performed on six-year-old Max Shacknai prior to Rebecca’s death showed that he was not getting any worse, and in fact there was slight improvement in his condition. (Greer Decl. Ex. M, Medical Records pg. 505). Dina Shacknai, Max’s mother, was at the hospital with Max from the afternoon of July 12th through midmorning on July 13th, and testified that the doctors confirmed to her on the evening of July 12th that cautious optimism was still appropriate regarding Max, and they would not know if there was any change in his condition until tests were performed the following day. (Greer Decl. Ex. G, Dina Shacknai Depo. at 102:17-19). Thus, there is substantial evidence refuting the existence of the single fact that the Sheriff’s Department and Dr. Lucas relied upon in opining that Rebecca had a motivation for suicide, i.e., that prior to her death she was told Max was going to die.

It should also be noted that the emotional bond between Jonah Shacknai and Rebecca had already deteriorated by the time she was murdered to the point where she was considering leaving him and he was already dating the woman he would eventually marry. (Greer Decl., Ex. I, Mary Zahau- Loehner Depo. at pgs. 62:24-63:24; Ex. G, Dina Shacknai Depo. at 154:20-155:22). This information, which tends to undermine the perception that Rebecca and Jonah were still madly in love and the injury to Max was therefore so painful Rebecca was compelled to end her life, was not shared with the Sheriffs Department or the Medical Examiner.

Do we have a link to this with the exhibits? It appears there are medical records presumably from Max that are in evidence. ("page 505" in the above text.) If so, I'd like to read them if they are publicly available.