For the record, here is the list of evidence and personal items requested in the lawsuit:
A. All investigative records, files, and forensic evidence, photos, audio files, telephonic and cell phone records, video files, and transcripts of witness interviews and the like, received and seized pursuant to the investigation into the death of Rebecca Zahau on or about July 12-13, 2011 and thereafter (1)
B. Bit images (copies) of the hard drives and storage media on all electronic devices seized, including but not limited to a desktop computer, laptop computer, tablets, cell phones, smart phones, printers, copiers and the like;
C. The 911 calls of Adam Shacknai and Paul Pfingst on July 13, 2011 (2)
D. Copies of all statements made by or about Rebecca Zahau to San Diego County employees (including but not limited to the San Diego Sheriff) following the fall of Max Shacknai on July 11, 2011 at the Spreckels Mansion (audio, video and any prepared transcripts).
E. The audio, transcript and any notes from a July 26, 2011 interview in Phoenix referred to by Lead Investigator Angela Tsuida in a report dated August 15, 2011. This item is classified as relating to the Max Shacknai investigation while it also mentions Rebecca Zahau. Two previous "missing" audiotaped interviews were located with the assistance of the California Attorney General.
F. Electronic items including but no limited to the following:
i. Apple iMac and HP computers and/or a bit image (copy) of each.
ii. Rebecca's AT&T Samsung cell phone.
iii. Lumix digital camera
iv. The hard drive or other memory device of the printers found on the property.
v. Rebecca's Olympus stylus epic digital camera.
vi. Rebecca's FLIP video camera
vii. The documents and/or digital files that refer or related to item 110CDSW info from AT&T.
viii. The documents and/or digital files that refer or related to item 113CDSW info from Verizon.
G. Access to technical evidence, including but not limited to the following:
i. All DNA evidence
ii. The GPS information from any vehicle present at or stored at the property from July 11-13, 2011
iii. Ropes, knives, paintbrushes, the door with writing on it, the candle and other items seized, for forensic analysis
iv. The clear liquid from water bottle and liquid from Dr. Pepper bottle and access to the liquid for further testing
v. Security camera photos and videos of Rady Children's Hospital including but not limited to the Ronald McDonald House, from July 11 to July 13, 2011
vi. All entry and exit logs of the Spreckels mansion from July 11, 2011 through July 14, 2011
vii. Two missing photographs, #7836 and #7837, from sequentially numbered photos previously provided by the San Diego Sheriff.
H. From the Medical Examiner, the complete autopsy video and the autopsy notes of the examination of Rebecca Zahau taken by the Country's Medical Examiner as well as a sample of Rebecca's DNA.
Footnote 1: The San Diego Sheriff's Office and the Medical Examiner's Office have previously made available considerable information and evidence related to the death of Rebecca Zahau, and the family is appreciative of their efforts. By this application, we do not seek additional copies of anything that has previously been provided, with one exception.
Footnote 2: The Adam Shacknai 911 tape has an unexplained "8-second gap" at 1:43 of the 911 call during which no sound was recorded. We are informed by the Coronado Police Department, which recorded the call, that there was no "8-second gap" in the original recording. For comparison purposes, the call to police by Paul Pfingst had no such gap. We seek a new, clean copy of Adam Shacknai 911 call.
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The investigation was closed 24 months ago. By law, the victim's family has a right to receive all items requested. Even without this additional evidence, IMHO no attorney worth his or her salt would file a WDS if they did not already have sufficient evidence. IOW, the Sheriff withholding the additional evidence has put himself on a very slippery slope, one that IMO will not please the Honorable Judge.
lease:
