Wrongful Death Suit filed Nov. 13, 2013 in California, #3

[screecher]

If LE didn't find the guy on the bicycle credible it is unlikely the Judge will, either. Dina doesn't have to prove she was at Rady although I'm betting Max's ICU records and Jonah do state that she was there. The Z's will have to prove she left and that is going to be impossible to prove.

JMO

BBM

Reality is, the video recordings of DINA entering and leaving Rady ARE most certainly recorded.

 

[LuckyLucy2]

Very true. I think the proof that Dina was at Rady will come from Jonah. He may have blamed RZ for Max's injury even moreso than Dina blamed her.

JMO

Not only will the Zahau's have to prove Dina left Rady's, they have to prove she was in the courtyard of Spreckels and in Rebecca's room.

I think Jonah's short, one-sentence mention of Rebecca in his media release about Max's death, and his lack of any memorial or foundation in her honor speaks volumns about who he blamed for his son's fatal accident.

 

[justice be served]

JS IMO knows way too much and is wrapped up in both deaths. One thing he is not is stupid thus he keeps his mouth shut unlike the twins. Other than a fictional narrative that was written by a Medicis writer that he put out, he has been silent and needs to be. He's a lawyer FGS. Making more of his silence about Rebecca is foolish frankly - but it makes for a good sound bite.

 

[*Lash*]

could someone refresh my memory about the known timeline for that evening/night? TIA

wasn't the scream heard around 10pm-ish?

wasn't J's supposed call around 12:30am-ish?

Hey Quester :wave:

Here is a link to the timeline for Rebecca and Max-

http://www.websleuths.com/forums/showthread.php?191945-Rebecca-and-Max-Timeline

 

[*Lash*]

Lash, thank you for that memory jog! I had actually forgotten Jonah gave his car to Nina that night. I think you're right-- either Jonah suggested/ urged Nina to go after Dina and keep an eye on her, or Nina asked to borrow the car because she was concerned/ terrified what Dina would do to Rebecca when she caught up with her. Everyone knew Rebecca was home alone at that point.

It would be very interesting to hear from other families, and Rady staff, what the demeanor was of Max's parents and close relatives from the time of admission to Rebecca's death. Of course, they were faced with a horrific tragedy, and a little boy who would not be going home. And Dina was likely wracked with guilt on top of her grief, for being "unreachable" for so many hours on the day of his terrible accident. But I'd be especially interested in what Dina had to say about Rebecca to Jonah and others during that time period. I think she had more than a few angry words for Jonah, perhaps in a private conference room, or empty waiting room.

That's why I think the message on the door was an angry sarcastic taunt from Dina to Jonah.

Nina also stated in her interview she and her sister drove to the hopsital in Dina's car Tuesday. There were two cars Nina could have used, she took Jonah's.

CROSSTALK: So at 3:30 on Tuesday you went in what Dina's car?

NINA: Yeah, we drove her car.

~~~~~~~~~~~~~~~~~

CROSSTALK: And uh you drove back, I'm sorry I forgot who drove you back?

NINA: I drove myself back, and I'm thinking that was the night that I drove Jonah's car back because I remember saying 'how am i going to get home' and they each had a car there and they only needed really one car so thats when they had the room at Ronald McDonald House so if they needed or wanted to go and get some sleep or take a shower, they had a room at the Ronald MacDonald house so I was able to take Jonah's car back and I was able to take that to my sister's house so I could get back.

http://ftpcontent.worldnow.com/kfmb/misc/nina_romano.mp3

 

[bourne]

If LE didn't find the guy on the bicycle credible it is unlikely the Judge will, either. Dina doesn't have to prove she was at Rady although I'm betting Max's ICU records and Jonah do state that she was there. The Z's will have to prove she left and that is going to be impossible to prove.

JMO

We all know that's not true. Just because LE -- a cop -- says and believes one thing does NOT mean a Judge or anyone else including an entire community/jury would believe the same thing. We only need look at recent events wherein COPS shoot/maim/kill a minority suspect claiming self-defense and everyone and their mother believe differently and CONVICT the cop.

It's easy to prove Dina left the hospital and Max's deathbed because she was not caught on ANY hospital surveillance videos. So Zahaus already won there. Hands down. Dina lost.

 

[bourne]

BBM

Reality is, the video recordings of DINA entering and leaving Rady ARE most certainly recorded.

I believe these tapes would prove Dina was NOT "sitting vigil by Max's deathbed at the hospital" during the critical juncture when Rebecca was heinously murdered. And with the objective impartial bicycle witness from Texas giving his eyewitness testimony that he physically SAW Dina at the Spreckels mansion the night Rebecca was viciously murdered, Dina will be hung by her own LIES about having an "ironclad alibi".

Dina's continual futile insistence that she has an "ironclad alibi that she was sitting vigil by her son's deathbed at hospital" will prove her Damocles' sword because now she will HAVE TO, as AZlawyer stated in legal thread, produce this so-called "ironclad alibi" at the Summary Judgement conference.

 

[bourne]

Not only will the Zahau's have to prove Dina left Rady's, they have to prove she was in the courtyard of Spreckels and in Rebecca's room.

I think Jonah's short, one-sentence mention of Rebecca in his media release about Max's death, and his lack of any memorial or foundation in her honor speaks volumns about who he blamed for his son's fatal accident.

Remember this is a CIVIL case wherein only a PREPONDERANCE of EVIDENCE is necessary. That is simply more than 50% likelihood that Dina was at Spreckels mansion creeping about, stalking, harassing and killing Rebecca.

Since we have: a) Dina's perpetual LIES about her 'sitting vigil by Max's bedside'; b) hospital surveillance videos which directly contradict Dina's continual false assertions that she was 'sitting vigil at Max's bedside' since Dina is never seen on ANY videos during crucial time period of Rebecca's murder; and c) an impartial, objective, third-party bicycle eyewitness who clearly states it was Dina he saw carrying a HUGE BLACK BAG acting bizarrely at the Spreckels mansion the same time period...

The Zahaus have this in the bag. Dina is cooked. Fried. Kaput. Easily more than 50% likelyhood Dina murdered Rebecca, particularly given Dina's past patterns of violent confrontational behaviors and hatred/jealousy of Rebecca. Any rational person, especially a Judge and jury can see that.

 

[*Lash*]

If LE didn't find the guy on the bicycle credible it is unlikely the Judge will, either. Dina doesn't have to prove she was at Rady although I'm betting Max's ICU records and Jonah do state that she was there. The Z's will have to prove she left and that is going to be impossible to prove.

JMO

Hi MyBelle!

BBM - Jonah will not be able to state Dina was there during the critical hours in question because Dina recently stated in MSM, she was ALONE.

 

[K_Z]

BBM - Jonah will not be able to state Dina was there during the critical hours in question because Dina recently stated in MSM, she was ALONE.

Exactly, Lash. Not only does Dina now state she was "alone" at Rady, Jonah was at RMD house. They were tagging off using one room, as your quote from above shows.

CROSSTALK: So at 3:30 on Tuesday you went in what Dina's car?

NINA: Yeah, we drove her car.

CROSSTALK: And uh you drove back, I'm sorry I forgot who drove you back?

NINA: I drove myself back, and I'm thinking that was the night that I drove Jonah's car back because I remember saying 'how am i going to get home' and they each had a car there and they only needed really one car so thats when they had the room at Ronald McDonald House so if they needed or wanted to go and get some sleep or take a shower, they had a room at the Ronald MacDonald house so I was able to take Jonah's car back and I was able to take that to my sister's house so I could get back.

http://ftpcontent.worldnow.com/kfmb/...ina_romano.mp3

Bold and red CBM for emphasis.

At that point, Jonah may not have worried about his car, and how he would get around or get home, because Rebecca had planned to bring him fresh clothes and food in the morning. They would have been able to drive together.

This is why I think Jonah didn't believe Dina would actually kill Rebecca. I think he just thought Dina was going to loudly and angrily confront her. I think if he actually thought Dina was going to assault or kill Rebecca, he would have gone home himself to head off Dina. I think he and Nina decided Nina was the better one of the two of them to go after Dina to calm her down and rein her in. Jonah's presence would have only enraged Dina more, but Nina may have been more able to persuade Dina to leave Rebecca alone, and persuade her to leave Spreckles.

I think Dina and Jonah both knew Dina was headed to confront Rebecca that night. And Jonah won't be able to "alibi" Dina, because he may have already told investigators that Dina was expressing anger and vindictive language toward Rebecca, and he was trying to get in touch with Rebecca to let her know that. And he most certainly told investigators in his interviews (and those tapes are evidence now) that he loaned Nina his car, as well as what the content was of the erased voice mail he sent. And Nina admits to BEING at Spreckles. And Jonah is on both Rady surveillance video, as well as RMD House video for the time in question.

And incidentally, though we haven't heard one way or another, NINA will/ should ALSO be on the Rady surveillance tapes, including parking garage or parking lot surveillance, leaving Rady hospital, and leaving in Jonah's car. There should be time stamps for that, as well as time stamps and video of Nina leaving the main PICU doors.

So no, I definitely don't think Jonah is the "smoking gun" that Dina will produce in October, to provide an "ironclad alibi" that she was at Rady PICU the whole time.

 

[justice be served]

From all indications and reading through what is now fact plus the ties put together by you brilliant sleuthers, DS's goose seems to be cooked. Or to put it in legalese, the preponderance of the evidence shows guilt. Let's see how good her lawyer is - or whoever that is these days.

 

[*Lash*]

I had to go back to the SDSO briefing from 11/17 to confirm what Gore said regarding Dina's whereabouts. What was the context, etc...There is no denying this statement by Gore. We don't have her on surveillance tape. They had to capture her on video at some point, especially the day before? So, what happened? Was she ever there on Tuesday or did she leave later that night?

SDSO Briefing 11/17:

DAVID GOTFREDSON/CBS8:
 Was she on surveillance tape the night of the murder – er, the night of the death, of Rebecca’s death?

GORE:
 [Exhales deeply – pushes back from table, sound of two thumps on table, addresses someone in the back of the room]
Um -- I will put... Who do we have back there? Um, Dave, I don't believe we have her -- did you hear the question?

DAVID GOTFREDSON/CBS8: 
I understand Jonah may have been on surveillance tape but not Dina. Is that right?

GORE:
 Let’s get an exact answer for you. Right. Yeah... yeah.

LATER

GORE:
 I forgot what the question was.

REPORTER:
 Dina on surveillance tape.

GORE:
[Peruses document for 20 seconds] We don’t have her on surveillance tape. Her position was determined through GPS triangulation on her cell phone, which put her in the vicinity of Rady's Children's Hospital.

 

[kittychi]

But shouldn't the video recording also show Dina leaving Rady in the evening, before Nina, as well as returning sometime early that morning that Rebecca was found dead?

 

[Waitaminute]

lash, that is one very interesting post!

 

[kimi_SFC]

I had to go back to the SDSO briefing from 11/17 to confirm what Gore said regarding Dina's whereabouts. What was the context, etc...There is no denying this statement by Gore. We don't have her on surveillance tape. They had to capture her on video at some point, especially the day before? So, what happened? Was she ever there on Tuesday or did she leave later that night?

SDSO Briefing 11/17:

DAVID GOTFREDSON/CBS8:
 Was she on surveillance tape the night of the murder – er, the night of the death, of Rebecca’s death?

GORE:
 [Exhales deeply – pushes back from table, sound of two thumps on table, addresses someone in the back of the room]
Um -- I will put... Who do we have back there? Um, Dave, I don't believe we have her -- did you hear the question?

DAVID GOTFREDSON/CBS8: 
I understand Jonah may have been on surveillance tape but not Dina. Is that right?

GORE:
 Let’s get an exact answer for you. Right. Yeah... yeah.

LATER

GORE:
 I forgot what the question was.

REPORTER:
 Dina on surveillance tape.

GORE:
[Peruses document for 20 seconds] We don’t have her on surveillance tape. Her position was determined through GPS triangulation on her cell phone, which put her in the vicinity of Rady's Children's Hospital.

As I've stated upthread, the triangulation of a cellphone only confirms the presence of the device's location (not the user). It is NOT the equivalent of a person appearing on camera/video surveillance. :no:

Why? Because as much as we are "connected" to our devices in the "Digital Age" - they aren't surgically attached to / implanted in us. Someone other than DS could have had possession of her phone, allowing her triangulated location to be "inferred."

IANAL, but I'm certain AZLawyer can chime in with the proper legal verbiage for what this is. It feels akin to evidentiary hearsay to me. The bottom line is, thanks to *Lash*'s stellar post, (and K_Z & AZLawyer's previous posts), we can put to rest any conjecture regarding Dina and Rady's Children's Hospital PICU.

RBBM (above)
She was not on surveillance tape (yet Jonah was), because she wasn't there! Furthermore, Sheriff Gore himself was only willing to go on record to state her phone was "in the vicinity of RCH" on that fateful Tuesday night.
The gravity of that statement, to me, cannot be ignored!

*Lash* - you are a :star: for finding and transcribing this for us!

 

[K_Z]

Lash, as always, I am so appreciative of your library and timeline on this case. So many important details right at your fingertips!

Sheriff Gore's statement is pretty unequivocal. It doesn't take a linguist or a body language expert to identify that he did NOT want to answer that question. He delayed as long as he could, deflecting, deferring to someone else, and was quite uncomfortable. He knew, as we all do, that the lack of evidence of Dina on surveillance video is an enormous, gaping hole of doubt in the investigator's case.

If there were ANY other objective, or eyewitness, evidence placing Dina in the PICU for the whole time, they never would have had to go far down the algorithm to "last resort", indirect methods, used in missing persons cases. Cell triangulation is INDIRECT evidence, proving only the location of the phone (and not the person), as everyone knows.

The much bigger issue is that someone who "should have" had no reason to hide, and who SHOULD BE in many places on the surveillance video, is NOT THERE. And there has never been any explanation for that. None.

It really is a huge, gaping hole of doubt. Combined with what we know, and even more of what there is that we DON'T know (like Dina and Nina's phone records, etc), I can really see why the Zahau's are ready to go to trial very shortly. And why Dina is doing everything in her power to prevent that.

Maybe that's even why her attorneys Rake and Benchoff notified the court they were going to stop representing her.

Dina, IMO, does not want "her day in court." She does not want to have her actions and responsibility scrutinized by a jury, IMO. Because all the evidence points to her being very responsible as the ringleader in Rebecca's wrongful death, IMO. And she knows that, IMO. She knows there is no way to persuade a jury that she isn't responsible for Rebecca's death, IMO.

And I definitely believe Dina has a few loyal minions, intentionally planting false information and generating controversy where ever they can. That's been beyond obvious since the Coronado Patch troll wars began in this case. Every high profile case has trolls-- like the Jodi Arias case and the Casey Anthony case.

 

[K_Z]

I want to throw out another thing. I've been in literally dozens of hospitals in my career, and worked in a good number of ICUs, both adult and pediatric.

Every ICU has multiple exits FOR STAFF, and to be used in emergencies. Staff can use the main ICU entrance doors, or can access secure stairwells to outside exit-only doors, or stairwells to other areas of the hospital, or service elevators. In every case, those doors and elevators are ALSO covered with security surveillance video. In one place I worked, a staffer was caught smoking by those cameras, and in another, a staffer was caught stealing on those cameras. Large urban hospitals, like Rady, have multiple and redundant security features. Pediatric hospitals have even more security, because of the risks of child abduction.

So, Dina's lack of appearance on ANY cameras really has to be explained.

 

[Gilgamesh]

There is a reason lawyers advise their clients to 'shut their trap'. Some of these interviews are wonderful for the plaintiffs.

 

[screecher]

I wonder what the cameras show for that Monday and overnight into Tues am and afternoon.

 

[Gilgamesh]

Lash, you are an amazing archivist!