Estate of Rebecca Zahau et al v. Shacknai et al

[justice be served]

snipped by me respectfully.

The hard fact is that Max’s death is not being tried in this case. Rebecca’s death is. So all of the discussion about who notified CPS and all that is just a big distraction, and an attempt to hijack the discussion away from Rebecca’s death, IMO.

Thank you as that bears repeating. In fact, let us all remember that Dina opted to forego her civil lawsuit on Max for obvious reasons of insufficiencies. The Zahaus, on the other hand, IMO have a very strong case against the defendants.

Here is a the thread outlining the strong case.

[ame="http://websleuths.com/forums/showthread.php?t=183790"]Misrepresentations/Untruths/Gross Inconsistencies - Websleuths Crime Sleuthing Community[/ame]

 

[MyBelle]

Well, I believe that is exactly what she said. That the defendants should be in jail or on death row. And I'm sorry, but it is an offensive thing to say. Are the defendants in this case murderers? If so, yes, they should be put in jail/death row. But what if, just what if they are not murderers? What an awful thing to assume about someone. I sleep easier at night not going around wishing death on innocent people.
And this is not an "attempt to derail" unless if by derail you mean bringing a little reality back into the conversation. These are real people- I know you wish they were not. It makes vilifying easier.


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I agree with you. The defendants in the lawsuit were cleared by law enforcement. A kangaroo court is not going to conduct the federal trial.

 

[SweetT]

Thank you as that bears repeating. In fact, let us all remember that Dina opted to forego her civil lawsuit on Max for obvious reasons of insufficiencies. The Zahaus, on the other hand, IMO have a very strong case against the defendants.

Here is a the thread outlining the strong case.

Misrepresentations/Untruths/Gross Inconsistencies - Websleuths Crime Sleuthing Community

You know I thought and thought about that one and why she would not have went ahead with a civil suit and the obvious answer I came up with is that the only person who would have answers to this case is dead now. And I don't think they can force a minor to testify, so really without her just wanting to pursue this for financial gain, she would not have anything to gain. And I imagine money was not a motive for her.

 

[MaybeNotToday]

Oh for God's sake. That is not what she said.

BEWARE OF THOSE THAT TRY TO DERAIL THE THREAD. It used to happen all the time at the Patch.

And beware of those that attempt to derail you from thinking independently.


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[bourne]

I agree with you. The defendants in the lawsuit were cleared by law enforcement. A kangaroo court is not going to conduct the federal trial.

No. The defendants in the Zahau WDS were "not cleared" by LE. Where are you getting your so-called "facts" from?

Defendant #1, Dina Marie Romano Shacknai: SDLE did not even BOTHER to investigate Dina. She was NEVER fingerprinted, processed or interviewed. If you have proof otherwise, provide the links.

Defendant #2, Nina Romano: SDLE did process Nina but the interview of Nina was cut short as she claimed she had to tend to her ADULT son and skipped an LE interview which was NEVER rescheduled. Listen to Nina's audio interview again for these facts she herself states at http://www.cbs8.com/story/15982091/exclusive-max-shacknais-aunt-talks-about-coronado-mansion-deaths

Defendant #3, Adam Shacknai: He is the ONLY defendant in the WDS who was actually inteviewed and polygraphed ONCE by SDLE. Sheriff Gore mistakenly claimed Adam's polygraph "cleared" him but according to the polygrapher Paul Redden, Adam's polygraph was "INCONCLUSIVE" which is NOT CLEAR, and Mr. Redden even recommended a second polygraph for Adam but SDLE never asked Mr. Redden to administer another test for Adam. http://www.cbs8.com/story/22221589/news-8-exclusive-the-polygraph-exam-of-adam-shacknai

 

[MissJ]

MS had irreversible brain damage from the time of his cardiac arrest. His posturing alone would attest to that fact. Dr. Peterson knew that and would have related that to the parents. A medical examination gives lots of facts.

 

[FrayedKnot]

This case is the Estate of Rebecca Zahau et al v Shacknai et al. This case is about Rebecca’s death. I do not believe for a minute that Judge Whelan will allow his courtroom to be hijacked to try the death of Max Shacknai in a parallel case. Max’s death is not the focus of this inquiry, as hard as that might be for some people to accept.

So, while Dina may indeed call Bove and Melinek as part of her defense, there is nothing at all either of them will be able to say about how Dina (and Nina and Adam) are not responsible for Rebecca’s death. They were hired by Dina to study Max’s death.
IMO, there is nothing RELEVANT TO REBECCA’S DEATH either Bove or Melinek can contribute to the Estate of Rebecca Zahau et al v Shacknai et al. There is nothing they can testify to from their previously prepared reports, IMO, that will demonstrate or prove that Dina, Nina, and Adam are not responsible for Rebecca’s death. Unless Dina hires them “again” to write NEW reports about how Dina could not possibly be responsible for Rebecca’s death. Then they would be relevant experts.

If Dina calls them to testify based on their previously prepared reports, all they will “prove” is that Dina does not accept Max’s death was an accident. And that doesn’t make Dina “not responsible” for Rebecca’s death. In fact, IMO, it would make Dina look even more vindictive and guilty. That's not a good "look" for any defendant, IMO.

Max’s death is not the subject of this lawsuit, and I do not believe that this Judge will allow Dina to put on a parallel wrongful death suit as a pseudo-defense strategy, simply because she does not accept the finding of accident in Max’s death. That doesn’t get her, or the other defendants any closer to being “not responsible” for Rebecca’s death.

The hard fact is that Max’s death is not being tried in this case. Rebecca’s death is. So all of the discussion about who notified CPS and all that is just a big distraction, and an attempt to hijack the discussion away from Rebecca’s death, IMO.

Also, Max's death was, IMHO accidental. The kid scootered off a landing. Sad, but plausible.

Whereas RZ bound and hanged herself buck nekkid off a balcony in broad daylight. Um. No. Just no. :waitasec:

 

[Mr Spock]

Your posts are very confusing to me. You have repeatedly insisted that Max's hospital records AND his physician must testify yet you then contradict yourself by insisting Max's death has no part of the lawsuit. In reality, Dina was cleared by law enforcement in RZ's death. This is a fact that no court can ignore. I think the Judge will quickly drop her as a defendant.

I think all the named defendants can and will use Max's death and the circumstances if this case proceeds and that law enforcement will assist them in their defense. I do hope it proceeds and certainly do not share your opinion Max's death is irrelevant.

JMO

Maybe your not up to speed here? LE did not agree with Dina or her experts regarding Max's death. LE and the San Diego County medical examiner disputed Dina's expert claims and pretty callously turned down her request to reopen Max's case. The only thing LE can verify is the facts. How would it assist Dina's defense to tell the court they blew her off?

IMO The only thing the former Coronado Chief of Police would be able to describe in detail to the court is Dina's anger towards him when he did not agree with her opinions or experts. (Per Dina's documented behavior on Dr Drew show or Dina's letter to the Chief of Police.)

God Bless Max and Rebecca. Justice might finally be coming. Lets hope the Zahaus get both your cases blown wide open.

 

[bourne]

You know I thought and thought about that one and why she would not have went ahead with a civil suit and the obvious answer I came up with is that the only person who would have answers to this case is dead now. And I don't think they can force a minor to testify, so really without her just wanting to pursue this for financial gain, she would not have anything to gain. And I imagine money was not a motive for her.

Your legal information is incorrect. A minor is allowed to testify in wrongful death suits (WDS). As one example, Michael Jackson's teenage kid Paris testified in the WDS against AEG.

 

[SweetT]

Your legal information is incorrect. A minor is allowed to testify in wrongful death suits (WDS). As one example, Michael Jackson's teenage kid Paris testified in the WDS against AEG.

The parents would have to give permission I would imagine then, and in MJ case this behooved them to do so.

 

[SweetT]

Smile! All the kittycats are out today! :floorlaugh:

Apparently so are the doggies.

Just FYI; My avatar is a dog.

 

[MyBelle]

You know I thought and thought about that one and why she would not have went ahead with a civil suit and the obvious answer I came up with is that the only person who would have answers to this case is dead now. And I don't think they can force a minor to testify, so really without her just wanting to pursue this for financial gain, she would not have anything to gain. And I imagine money was not a motive for her.

Minors can testify. I do agree that suing an estate that has no money is a complete waste of time and money. If Dina's goal is justice for Max--and I believe it still is just that--then she should continue working behind the scenes with experts because there is no statute of limitations on murder.

JMO

 

[SweetT]

I know minors can testify, my stepdaughter had to testify against her mothers boyfriend for molesting her at 13, but in that case she was the victim. I think in other cases like a civil suit they would not be forced to testify without parental permission. I could be wrong but they couldnt even force Debra Irwin to let her kids talk to LE how would they force a minor to testify?

 

[MyBelle]

No. The defendants in the Zahau WDS were "not cleared" by LE. Where are you getting your so-called "facts" from?

Defendant #1, Dina Marie Romano Shacknai: SDLE did not even BOTHER to investigate Dina. She was NEVER fingerprinted, processed or interviewed. If you have proof otherwise, provide the links.

Defendant #2, Nina Romano: SDLE did process Nina but the interview of Nina was cut short as she claimed she had to tend to her ADULT son and skipped an LE interview which was NEVER rescheduled. Listen to Nina's audio interview again for these facts she herself states at http://www.cbs8.com/story/15982091/exclusive-max-shacknais-aunt-talks-about-coronado-mansion-deaths

Defendant #3, Adam Shacknai: He is the ONLY defendant in the WDS who was actually inteviewed and polygraphed ONCE by SDLE. Sheriff Gore mistakenly claimed Adam's polygraph "cleared" him but according to the polygrapher Paul Redden, Adam's polygraph was "INCONCLUSIVE" which is NOT CLEAR, and Mr. Redden even recommended a second polygraph for Adam but SDLE never asked Mr. Redden to administer another test for Adam. http://www.cbs8.com/story/22221589/news-8-exclusive-the-polygraph-exam-of-adam-shacknai

FYI--A person isn't fingerprinted unless they are charged. A polygraph isn't evidence, especially if it is inconclusive. Nobody was charged in this case and it was ruled a suicide.

My facts are from the Sheriff himself and other LE quoted in the news media. <modsnip>

JMO

 

[MyBelle]

MS had irreversible brain damage from the time of his cardiac arrest. His posturing alone would attest to that fact. Dr. Peterson knew that and would have related that to the parents. A medical examination gives lots of facts.

Cardiac arrest does not always result in irreversible brain damage. My own father suffered a cardiac arrest, was revived by CPR and is still an engineer many years later.<modsnip> .

JMO

 

[Mr Spock]

LE didn't "blow off" Dina, imo. The Sheriff made it very clear that they verified her alibi and they certainly did not "blow off" Dr. Peterson's concerns about Max's incident.

JMO

Yes they did blow her off when she did not accept Max's accident findings the first time. They blew her off a second time ( quite callously IMO) when she presented them with her expert findings. Jonah however was incredibly impressed with LE's work and findings. Jonah even went to the trouble of posting a letter on the Sheriff's website congratulating them and expressing his faith in their findings. Are you going to suggest that Jonah is going to assist Dina in her defense now as well?

All LE can do is verify that Max died of an accidental fall based on their findings and conclusions. They can testify that they do not agree with Dina's expert opinions.

God Bless Max and Rebecca! Lets hope justice is coming. The Zahau's might get both your cases blown wide open.

 

[Mr Spock]

Cardiac arrest does not always result in irreversible brain damage. My own father suffered a cardiac arrest, was revived by CPR and is still an engineer many years later. <modsnip>
JMO

You stated a few months ago you worked in a trauma hospital. You must be aware that being "revived" from cardiac arrest is not the same as being without a pulse 30 minutes, being revived and presenting with posturing. Or maybe you worked in clerical and are unfamiliar with the differences?

God Bless Max and Rebecca! Lets hope justice is coming. The Zahaus might get both your cases blown wide open.

 

[Peaceful]

Fine with me. That is what civil suits are about, and that is no secret to anyone. It didn't bother Dina at all to viciously and vindictively use the legal system to manipulate Jonah into giving her a hefty divorce settlement, right? Did she earn a single penny of that? No. She was, at best, middle class before Jonah's money lofted her up into a different socioeconomic class, right? It's not like they were married for decades and she put him through school. It was okay and "right" for Dina to use the system to "score" millions in her divorce for her very short marriage, right? That's how the game is played. Just ask Angela Hallier. So Dina shouldn't be at all bothered or disturbed at this civil suit. She understands how the system works, right?

Sometimes you have to pursue justice where it is available, when the system has failed abysmally. I happen to believe all three named defendants are responsible as alleged in the civil suit. I hope the Zahaus are awarded every single miserable penny the court can award. They deserve it. Be fine with me if it was far more than $10 million they are awarded.

Small comfort, for what was done to their family member. IMO, the defendants belong in prison for the rest of their lives, if not on death row. They are pretty "lucky" to have escaped any criminal charges, IMO. And I am not the only one who think this.

This is "only" money, right? And they have "plenty" of money, so they won't miss any of it when it is awarded to the Zahaus to compensate them in a small way for the hate and horror and gruesome death Rebecca suffered.

I know you don't agree with me. And that's just fine with me, too.

Thank you KZ for being the voice and the fist of justice for Rebecca & Max. Those of us who have been here since the beginning know the whole story that is available and used simple common sense to reach our conclusions. KZ thank you. Thank you from all of us who know and see clearly what is going on here. Thank you for your dedication and knowledge you have given the case. I believe justice will prevail. I believe the freaks are out and they are anxious. Running scared. The ghosts are not going away anytime soon so the murderers may as well surrender and accept their punishment. It is past time for justice to be served. This is not going away. Keep up the good fight! Justice will prevail and oh what a glorious day it will be!!!

 

[MyBelle]

You stated a few months ago you worked in a trauma hospital. You must be aware that being "revived" from cardiac arrest is not the same as being without a pulse 30 minutes, being revived and presenting with posturing. Or maybe you worked in clerical and are unfamiliar with the differences?

God Bless Max and Rebecca! Lets hope justice is coming. The Zahaus might get both your cases blown wide open.

Apparently you are not aware that "cardiac arrest" absolutely is the same as no pulse. I do know the difference and I'm pretty sure Dr. Peterson does, too.

http://www.thefreedictionary.com/cardiac+arrest
cardiac arrest

(Medicine) failure of the pumping action of the heart, resulting in loss of consciousness and absence of pulse and breathing: a medical emergency requiring immediate resuscitative treatment

 

[MyBelle]

Yes they did blow her off when she did not accept Max's accident findings the first time. They blew her off a second time ( quite callously IMO) when she presented them with her expert findings. Jonah however was incredibly impressed with LE's work and findings. Jonah even went to the trouble of posting a letter on the Sheriff's website congratulating them and expressing his faith in their findings. Are you going to suggest that Jonah is going to assist Dina in her defense now as well?

All LE can do is verify that Max died of an accidental fall based on their findings and conclusions. They can testify that they do not agree with Dina's expert opinions.

God Bless Max and Rebecca! Lets hope justice is coming. The Zahau's might get both your cases blown wide open.

Of course I expect Max's entire family to assist considering the fact that three of them are defendants.