Estate of Rebecca Zahau et al v. Shacknai et al

  • #181


Impeaching a witness most certainly does not require a previously recorded video. Impeaching a witness can occur in numerous ways and they all go toward credibility.


As I stated in my comments in this quoted post, of course it is not "mandatory" to videotape a deposition. But I believe there is great value in videotaping the depositions. Particularly if a discrepancy that is being highlighted in court is being presented to a jury to impeach the witness. A videotape is received differently by a jury than a transcription. Body language, tone of voice, etc. are all valuable parts of communication, and help juries to distinguish between lies and truth. And so videotapes can cut both ways for plaintiff and defendant. A jury may view the witness as truthful, or not. How hard do you "fight" a request for videotaping a respondent/ defendant if you are their attorney??

But in the case of these 3 named defendants (Dina, Nina, and Adam), I believe it would be very powerful evidence to have their depositions videotaped. Videotaping should be a win-win situation, if the defendants are innocent. But if the defendants are guilty, a videotape can be unfavorable to their situation.

IIRC, they are each subject to an 8 hour deposition. I hope the Zahau attorneys file whatever motions are necessary to ensure that the named defendants (Dina, Nina, and Adam) are videotaped during their depositions.

One of the 3 defendants, Dina, should not, IMO, have any objections to being videotaped. At every opportunity in the past 2 years, Dina has sought out the spotlight, and media attention. She has freely given numerous interviews. She has made the rounds of cable TV talk shows, as well as local talk shows. She has coveted relationships with freelance print journalists to pursue the opportunity to speak more and more. She does not shy away from cameras or attention. Dina, IMO, should welcome the opportunity to preserve her deposition via videotape.
 
  • #182
While I find it suspicious that Nina would borrow Jonah's car instead of her own twin sister Dina's at the hospital, I do not find it strange that Nina walked over to the Spreckels mansion. Dina's house where Nina was staying was but an 8-minute walk to the Spreckels mansion.

I've walked it and timed it during the day: took me exactly 5 minutes from G Ave to 1043 Ocean. When NR said she walked over there to talk to Rebecca, she would not have known how LONG she would have been there. Hypothetically, NR and RZ could have sat down to a cup of herbal tea and talked for hours. If that had been the case, NR would have found herself walking back to G Avenue at a very late hour, alone.

If Nina had driven Jonah's Honda SUV or Dina's black Mercedes SUV, she would have had to either pull into Spreckels driveway or park on the street in front, thus much greater chance someone would have noted the car was there and for HOW LONG. Witnesses identified Dina pacing nervously, then disappearing down the driveway. So far, no one has come forward saying they saw her, or anyone else, leave. JMO
 
  • #183
I'll preface this by saying that I know I'm in the minority with this position but.......

Jonah may have been all too willing to give up his car if, in doing so, it assisted the twins in doing their dirty deed. Then his problem was taken care of by proxy. Yes, my opinion speaks to the perhaps misguided belief that others were there the fateful day poor Maxie fell and Rebecca was about to tell the truth and not cover up any longer. I know it's not a popular theory but I can't get past that belief. I believe he is a master manipulator.

JBS - I freely admit I don't know nearly as much about this case as many others here, but I've always found it strange that JS was the ONLY one of the four that had a solid alibi for that night. That's just a little too convenient for me. I've also found it odd that the story of who was, and who wasn't at the house when Max fell has always been a little fishy, at least IMO. IIRC, no one has ever been able to confirm when the older kids actually flew out? JS had his cell that morning, but never took it any other time he went to the gym? I firmly believe others were there that morning, and something happened that JS wants desperately to cover up, but it didn't involve RZ or XZ. IMO, JS has an amazing ability to CYA. "He who holds the purse strings calls the shots." IYKWIM :moo: & :twocents:
 
  • #184
I've walked it and timed it during the day: took me exactly 5 minutes from G Ave to 1043 Ocean. When NR said she walked over there to talk to Rebecca, she would not have known how LONG she would have been there. Hypothetically, NR and RZ could have sat down to a cup of herbal tea and talked for hours. If that had been the case, NR would have found herself walking back to G Avenue at a very late hour, alone.

If Nina had driven Jonah's Honda SUV or Dina's black Mercedes SUV, she would have had to either pull into Spreckels driveway or park on the street in front, thus much greater chance someone would have noted the car was there and for HOW LONG. Witnesses identified Dina pacing nervously, then disappearing down the driveway. So far, no one has come forward saying they saw her, or anyone else, leave. JMO

:) If we were in court, this goes beyond the scope of my post.

It's good info to know. IDK why Nina claimed to have "walked" over to the Spreckels mansion when she could have just said she had "driven" there. Maybe she needed the exercise or maybe she didn't want the car to awaken peeps in the neighborhood with turning the car engine on and off. Or maybe she wanted to give the impression that she walks and does exercises? IDK

Either way, the family of bikers eyewitnessed DINA at the Spreckels mansion front door. So not certain how Nina fits into all this. Perhaps Nina wasn't actually at the mansion at all but just wanted to give her twin sister an alibi...Or perhaps Nina was also at the mansion helping her sister with the murder but wanted to throw herself into the mix to give conflicting stories in order to dispute the eyewitnesses' account that they saw Dina at the mansion in order to discredit the eyewitnesses...
 
  • #185
:) If we were in court, this goes beyond the scope of my post.

It's good info to know. IDK why Nina claimed to have "walked" over to the Spreckels mansion when she could have just said she had "driven" there. Maybe she needed the exercise or maybe she didn't want the car to awaken peeps in the neighborhood with turning the car engine on and off. Or maybe she wanted to give the impression that she walks and does exercises? IDK

Either way, the family of bikers eyewitnessed DINA at the Spreckels mansion front door. So not certain how Nina fits into all this. Perhaps Nina wasn't actually at the mansion at all but just wanted to give her twin sister an alibi...Or perhaps Nina was also at the mansion helping her sister with the murder but wanted to throw herself into the mix to give conflicting stories in order to dispute the eyewitnesses' account that they saw Dina at the mansion in order to discredit the eyewitnesses...
It's definitely a conundrum, bourne... I tend to believe NR was there, but that's based on gut instinct. Volunteering she did NOT touch the gate throws me off. Why say that? From photos we can see the detectives and LE bending over and intently examining the gate on Wednesday morning. Could it be she was aware of that and that's what prompted her to tell Jonah she had been there the night before? IDK..

BTW Could you clarify what you mean by "If we were in court, this goes beyond the scope of my comment" please? TIA

Hey, I walked it in exactly 5 minutes, but from what I've seen of Nina, I'm in considerably better physical shape. Yet, she was on a MISSION to drill RZ, so she was probably hoofing along at a pretty good clip.
 
  • #186
If the adult eyewitness insisted it was DINA that he saw then why didn't Thompson/Gore set up a lineup of 4 women along with the Romano sisters? Heck, I'm sure Gore could've brought in his wife, asked know-it-all Jan Caldwell from his department and the SDSO female officer( rope knot video specialist) and finally for good measure Gore's good friend SD DA Bonnie Dumanis....so there's your lineup. Geez...maybe DA Dumanis would've suggested to Gore....why not ask the Coronado community for help and ask if anyone saw either one of these women (Dina and Nina current photos) walk back to their house Tuesday night after 10;00pm.
Hi Serpico,
Yes, most definitely a lineup such as the attached should have been available to the public on the SDSO website. It certainly would have helped narrow the field, although one of them would have been easily identified by the locals seeing as she is on the board of Voices of Women, a charitable organization championing women's rights worldwide.
:facepalm:
 

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  • #187
It's definitely a conundrum, bourne... I tend to believe NR was there, but that's based on gut instinct. Volunteering she did NOT touch the gate throws me off. Why say that? From photos we can see the detectives and LE bending over and intently examining the gate on Wednesday morning. Could it be she was aware of that and that's what prompted her to tell Jonah she had been there the night before? IDK..

BTW Could you clarify what you mean by "If we were in court, this goes beyond the scope of my comment" please? TIA

Hey, I walked it in exactly 5 minutes, but from what I've seen of Nina, I'm in considerably better physical shape. Yet, she was on a MISSION to drill RZ, so she was probably hoofing along at a pretty good clip.

So, a five minute walk...I guess than you can see why one wouldn't take the car. But if it was such a big issue that Nina speak to Rebecca that evening, at Dina's request...why wouldn't she have just gone straight there? Is the G Ave house closer to the highway? Was there something at G Ave she needed? I'm not at all trying to be snarky, but highly doubt that Nina decided to get a little more cardio in while on a mission for her sister to see what Rebecca knew. (While of course she was in great distress over the condition of her nephew, whose condition she claims to not have known to be dire). <-now maybe a little snarky.

I guess my next question would be, where did Jonah's car spend that night? Was it parked all night at the G Ave house? (Did it have GPS, was that even checked?) Was it at 1043 Ocean by the time Rebecca was found? Anyone know? TIA!

ALWAYS MOO
 
  • #188
Hi Serpico,
Yes, most definitely a lineup such as the attached should have been available to the public on the SDSO website. It certainly would have helped narrow the field, although one of them would have been easily identified by the locals seeing as she is on the board of Voices of Women, a charitable organization championing women's rights worldwide.
:facepalm:

ITA.

Also, from the pictures we've seen, many of which are posted here, Dina and her twin sister look nothing alike. In fact, it seems like Nina is quite a bit shorter than Dina.

As ever, you are right Caricoa, you would think that someone on that board would clearly want to advocate for a woman found so obviously murdered, with all these strange circumstances, in her very own voting district. A group like this would surely want to advocate for such injustice. I guess that would have just made things too unhappy at the dinner table.

I hadn't known that tidbit before, but that really burns me. Thank you for bringing it to light.
 
  • #189
I know this isn't the thread to post this but, then again, this thread hasn't been on topic in a very long time...

I remember seeing a newscast of a woman at one of the Shacknai homes in Arizona on - I believe - the morning of the 13th. My recollection is that she was driving either onto or off the property, and at one point was walking next to her car but would not talk to the reporter. I seem to recall that she was wearing a striped blouse. That woman at the home in Arizona sure looked a whole lot like DS, even in daylight; and could've easily passed for Dina when seen from a distance and in relative darkness.

I know it's probably a stretch, but didn't the cyclist report that the woman at the mansion was wearing a striped blouse? Does anyone have the link to that Arizona newscast? And was the cyclist's name ever released? All I can remember is that he was a Web Designer.

Wow.... What if DS was in fact at or near the hospital all night and it was her relatively close look-alike that was seen at the mansion? Now that is what I call wild speculation, so perhaps it's time to go to bed...
 
  • #190
ITA.

<respectfully clipped for focus>

As ever, you are right Caricoa, you would think that someone on that board would clearly want to advocate for a woman found so obviously murdered, with all these strange circumstances, in her very own voting district. A group like this would surely want to advocate for such injustice. I guess that would have just made things too unhappy at the dinner table.

I hadn't known that tidbit before, but that really burns me. Thank you for bringing it to light.

Actually the person who sits on the board of VOW is not an elected official nor officially employed by the county. She is ex-FBI and married to the very sheriff who has done everything in his power to disrespect, disregard and debase an Asian-American woman who died under extremely suspicious circumstances within his jurisdiction, a woman whose voice was silenced not only by her killers but also by the very people sworn to protect her.
http://voicesofwomen.org/who-we-are/meet-our-board/
:stormingmad:
 
  • #191
I know this isn't the thread to post this but, then again, this thread hasn't been on topic in a very long time...

I remember seeing a newscast of a woman at one of the Shacknai homes in Arizona on - I believe - the morning of the 13th. My recollection is that she was driving either onto or off the property, and at one point was walking next to her car but would not talk to the reporter. I seem to recall that she was wearing a striped blouse. That woman at the home in Arizona sure looked a whole lot like DS, even in daylight; and could've easily passed for Dina when seen from a distance and in relative darkness.

I know it's probably a stretch, but didn't the cyclist report that the woman at the mansion was wearing a striped blouse? Does anyone have the link to that Arizona newscast? And was the cyclist's name ever released? All I can remember is that he was a Web Designer.

Wow.... What if DS was in fact at or near the hospital all night and it was her relatively close look-alike that was seen at the mansion? Now that is what I call wild speculation, so perhaps it's time to go to bed...

Here you go STS. She begins at the 1:18 mark:

http://youtu.be/d4IOuN0pqCA
 
  • #192
  • #193
A few areas of interest in the video. First, the woman sure looks like a lot like Dina. Second, notice the LE spokesperson is already saying they are not ready to say if this was a suicide or a criminal act.

[ame="http://www.youtube.com/watch?v=d4IOuN0pqCA"]Woman Seen at Shacknai AZ Home -YouTube[/ame]
 
  • #194
The video is dated 7/15/2011 and the reporter says 3 days ago. This would have been the Friday after Rebecca was found. A few areas of interest in the video. First, the woman sure looks like a lot like Dina. Second, notice it was only Friday and the LE spokesperson is already saying they are not ready to say if this was a suicide or a criminal act.

Woman Seen at Shacknai AZ Home -YouTube

The video was posted to YouTube on Thursday, July 14th. At 0:18 the anchor states "tonight", seemingly implying that the video was broadcast either that night or the night before - that would be the night of the 13th or the night of the 14th. The reporter's reference to "three days ago" is in regards to Maxie's accident. In everyday parlance, would most people speaking on Thursday refer to something that happened on Monday as three days ago or as four days ago? Also, the glow of the daylight appears to indicate that it was shot either in the morning or late afternoon of the 13th or the 14th. The video was broadcast by channel 15, perhaps that's where you got the seemingly erroneous date from? Or am I missing something entirely? Thanks, *Lash*.
 
  • #195
The video was posted to YouTube on Thursday, July 14th. At 0:18 the anchor states "tonight", seemingly implying that the video was broadcast either that night or the night before - that would be the night of the 13th or the night of the 14th. The reporter's reference to "three days ago" is in regards to Maxie's accident. In everyday parlance, would most people speaking on Thursday refer to something that happened on Monday as three days ago or as four days ago? Also, the glow of the daylight appears to indicate that it was shot either in the morning or late afternoon of the 13th or the 14th. Then, again, my recollection was clearly wrong about the striped blouse so it is probably nothing worthwhile spending too much time researching.

BTW, it was broadcast by channel 15, perhaps that's where you got the seemingly erroneous date from? Or am I missing something entirely? Thanks, *Lash*.

Hi STS!

Thank you, I corrected my post. The anchor was referring to Maxie's accident when he mentions the 3 days ago. The published date on the YouTube screen by ABC15 is 7/15/2011. Where did you find the post date of July 14th? TIA. I will take a look at the MSM website.
 
  • #196
Hey Everybody - when there is a problem with quoting, please alert so the mods can take a look before there are pages and pages to straighten out.

I think I have them all fixed now, but if you notice something is quoted and it is not what you said - please alert it, so it can be fixed.

Thanks,

Salem
 
  • #197
I found this ABC15 article dated 7/13/2011, but the video does not match. Det. Tim Curran was said to say they had not ruled out suicide on the very day she was found.

Snip - during a news conference earlier today, San Diego County Sheriff's Capt. Tim Curran said investigators have not determined if 32-year-old Rebecca Nalepa's death was a homicide and have not ruled out suicide. He declined to comment on the evidence and called it a "very bizarre" death.D

http://www.abc15.com/dpp/news/natio...-california-home-of-scottsdale-business-owner
 
  • #198
Hi STS!

Thank you, I corrected my post. The anchor was referring to Maxie's accident when he mentions the 3 days ago. The published date on the screen by ABC15 is 7/15/2011. Where did you find the post date of July 14th? TIA. I will take a look at the MSM website.

It was broadcast by channel 15. That's what that number 15 visible in several places (i.e. subtitle, logo, sign on the back wall, etc.) represents. To see the published date on YouTube simply click on About. Gotta go now.

Happy sleuthing!
 
  • #199
It was broadcast by channel 15. That's what that number 15 visible in several places (i.e. subtitle, logo, sign on the back wall, etc.) represents. To see the published date on YouTube simply click on About. Gotta go now.

Happy sleuthing!

Thanks, but I was already aware it was broadcast by ABC 15 and their logo. The video was uploaded via the ABC15com YouTube account. I am not referring to the number 15 in their logo. The "about section" on YouTube shows the video was published on July 15, 2011.
 
  • #200
It's definitely a conundrum, bourne... I tend to believe NR was there, but that's based on gut instinct. Volunteering she did NOT touch the gate throws me off. Why say that? From photos we can see the detectives and LE bending over and intently examining the gate on Wednesday morning. Could it be she was aware of that and that's what prompted her to tell Jonah she had been there the night before? IDK..

BTW Could you clarify what you mean by "If we were in court, this goes beyond the scope of my comment" please? TIA

Hey, I walked it in exactly 5 minutes, but from what I've seen of Nina, I'm in considerably better physical shape. Yet, she was on a MISSION to drill RZ, so she was probably hoofing along at a pretty good clip.

BBM. LOL I've been sitting in court researching stuff the past few weeks and that's just an expression I caught the lawyers saying frequently so I decided to use it. Was just being facetious. :)

I had checked google maps and it said 8 minutes but I believe ya when you say you could walk it in 5. I'm a runner so I likely could do it in about 5 or less too. And I believe, as you do, that Nina -- *IF* she did make a mad rush over to the Spreckels mansion that Tues night likely did in approx. the same length of time...in her "new yoga pants" and "pink Coach wristlet" no less! ;)
 

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