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

[kimi_SFC]

Hope I posted the pics so all could see, brand new to this. My apologies if they are screwed up.

You did find screecher. FWIW, TOS requires a link back to the source, so I included the @nbcsandiego in my OP.

Thank you for taking the time to post this image of the victim that this particular thread pertains to.

:rose:


Sent from my iPhone using Tapatalk

 

[screecher]

You're more than welcome.

And my source for pics came from google 'images'

 

[LuckyLucy2]

Rebecca Zahau is not a victim since she took her own life, and her death is recorded as a suicide. The current WDS will not change that fact.

Here is Mary Zahau-Loehner, and Rebecca with her other sister, Snowden. They are two of the plantiffs in the WDS, who are accusing innocent people of murder, in an attempt to make $10 Million dollars off of the suicide of their sister.

 

[Betty P]

Rebecca Zahau was, indeed, a victim.

Thanks in no small part to an incomplete investigation, there is much reason to believe she was a victim of foul play.

The "expert" investigation somehow concluded that:

She tied herself up, hand and foot, with intricate knots while painting a bizarre message on the door late at night in a room where the light was turned off.

They then concluded that she hopped in the dark through a small doorway (one of the double doors was closed and locked) and launched herself over the high railing of the balcony while only disturbing the dust in an area about 1" wide.

Some of the evidence (or lack thereof) SDSO was unable to satisfactorily explain:

The presence of duct tape residue on Rebecca's lower legs

The clothing she wore that day was missing, found nowhere in the house

The four bruises on the right side of her head

The blood and a clump of her hair found in her shower

Witnesses who reported a woman screaming at the mansion late that night

Several "defensive" wounds on Rebecca's arms and hands

Rebecca's blood found in areas around the house, outside of the death room

Signs of struggle and of the presence of multiple persons (empty drinking cups, gloves, etc.) in the death room

Unknown origin of the rope used to hang Rebecca

Rare and unusual nautical knots used to tie bindings and fashion the noose around her neck

Lack of evidence of any message to Rebecca, left by Jonah

One witness who had "inconclusive" results on his polygraph exam, who wasn't re-tested

Witness and personal testimony proving Nina and Dina were both at the mansion that night, shortly before Rebecca died.

These are just a few items that haven't been fully explored by any investigation. There are many, many more.

 

[LuckyLucy2]

Rebecca Zahau was, indeed, a victim.

She was a victim of her own act of suicide. Not a victim of murder. Even though you state that as fact (with no links to back it up), it was ruled a suicide:

http://sdsheriff.net/coronado/

Thanks in no small part to an incomplete investigation, there is much reason to believe she was a victim of foul play.

The investigation lasted seven long weeks, was extremely through, and included four law enforcement agencies, 15 detectives, and dozens of crime lab personnel.

The "expert" investigation somehow concluded that:

She tied herself up, hand and foot, with intricate knots while painting a bizarre message on the door late at night in a room where the light was turned off.

No, they believe she painted the message, and then tied herself up - using simple slip knots and loops. You state that the light was turned off with no link to back that up. I have never seen that in the SDSO information, so conclude that is yet another rumor that has been connocted by the Zahau camp - but even if it was not on, Rebecca would have been the one that turned it off.

They then concluded that she hopped in the dark through a small doorway (one of the double doors was closed and locked) and launched herself over the high railing of the balcony while only disturbing the dust in an area about 1" wide.

Again, your facts are wrong and contain no links. They never concluded she "hopped in the dark", and their were two areas where the dust was disturbed, one about 1" that came from the rope, and one about 11" that was made by her waist, hip, or leg.

Some of the evidence (or lack thereof) SDSO was unable to satisfactorily explain:

The presence of duct tape residue on Rebecca's lower legs

A tiny amount, and not in a place an intruder would take someone. Likely from an old bandaid or tape for running.

The clothing she wore that day was missing, found nowhere in the house

Another rumor that has no basis. Her clothes were left neatly folded on the bed.

The four bruises on the right side of her head

Most likely from hitting the plants below when she jumped, or from hitting her head on the bed post when she tied the rope there. The ME said they would not have even given her a headache, much less knock her out.

The blood and a clump of her hair found in her shower

One drop of blood, as she was "spotting" from her IUD. There is hair in everyone's shower.

Witnesses who reported a woman screaming at the mansion late that night

Investigated by police and determined to have come from the beach. Her other neighbors, who were home all night reported hearing nothing.

Several "defensive" wounds on Rebecca's arms and hands

She had no defensive wounds according to the Medical Examiner that examined her. Again, you have stated this as fact with no links, so is therefore, just your opinion, but has no basis in truth.

Rebecca's blood found in areas around the house, outside of the death room

She left a couple of drops of menstrul blood in the hallway-- again, she was spotting due to her IUD - also in the ME and investigative reports. It can happen when a women is stressed.

Signs of struggle and of the presence of multiple persons (empty drinking cups, gloves, etc.) in the death room

There was no evidence of a struggle, according to detectives that examined the room.

Unknown origin of the rope used to hang Rebecca

The detectives believed it came from garage, as there was a shelf with boating supplies, and an area that would have held the rope was empty.

Rare and unusual nautical knots used to tie bindings and fashion the noose around her neck

Another myth with no links. The knots were simple slip knots - were haphazard, were not any type of "natical" or "rare" knots at all, and the noose was described as a "makeshift noose". She basically wound the ropes around her wrists and ankles and then held the end of the rope in her hand when she jumped. It was still in her cold, stiff hand when LE arrived.

Lack of evidence of any message to Rebecca, left by Jonah

Rebecca erased the message Jonah left, but the call was logged on Jonah's phone, and the call was logged on Rebecca's phone.

One witness who had "inconclusive" results on his polygraph exam, who wasn't re-tested

Adam took the polygraph voluntarily (all polygraphs are voluntary), just hours after finding her body, with no lawyer present. The very experience Poly administrator felt he was truthful and had no part in her death. When all of the physical evidence pointed to Rebecca herself, there was no need for a second polygraph.

Witness and personal testimony proving Nina and Dina were both at the mansion that night, shortly before Rebecca died.

One witness came forward weeks later, claiming he saw Dina on the front porch of the mansion. The police felt he saw Nina, who had already told them she went by. The Zahaus do no have one witness or even one piece of evidence that places anyone (other that Rebecca) in the room and on the balcony where she suicide prepared for her suicide.

These are just a few items that haven't been fully explored by any investigation. There are many, many more.

Perhpas for the many, many more you can include links? With no links, it is just your opinion and should not be stated as fact, according to the rules.

The SDSO link proves all I have stated, and gives one the true facts of the case, not the concocted lies the Zahaus, Zahau lawyer, or the Zahau followers would have you believe.

Remember, this is a Civil case for $10 Million dollars and is about money, not "justice".

Also remember, that the three innocent people that the Zahaus have falsely accused were never even considered suspects in the case, and that Rebecca Zahau's death is officaily a suicide.

 

[screecher]

okie dokie hokie

 

[*Lash*]

Rebecca erased the message Jonah left, but the call was logged on Jonah's phone, and the call was logged on Rebecca's phone.

Rebecca's phone bill only shows her voicemail was checked by someone at 12:50 am. It does not show an incoming call from Jonah. There could be an explanation for no incoming call as described in the link. However, Jonah's phone records have never been released to show whether he did or did not call Rebecca and leave a message. Do you have a link? The 15 detectives took over a month to examine Rebecca's phone and the alleged voicemail had been erased. After 30 days it was too late to retrieve the alleged voicemail from the cellphone provider. Since the message was erased by someone and lost by the 15 detectives, no one knows what the message contained. Jonah's word regarding what the alleged voicemail contained is not proof, it cannot be substantiated.

The new call logs reveal that after Zahau's death, San Diego County Sheriff's homicide detectives waited more than a month to power up her cell phone and check for voicemails.
---------

On August 15, a detective finally powered up the phone and discovered that a voicemail left by Zahau's boyfriend, Medicis Pharmaceutical CEO Jonah Shacknai, had been deleted.
---------

Investigators have said the voicemail may have caused Zahau to commit suicide, because the message allegedly informed her that Shacknai's 6-year-old son, Max, would not survive injuries he suffered during a July 11 fall at the mansion while under Zahau's care.

The cell phone records confirm someone listened to Zahau's voicemail for two minutes at 12:50 a.m. on July 13, about two hours before her estimated time of death.

http://www.cbs8.com/story/15538406/family-releases-200-pages-of-zahau-phone-records


http://ftpcontent.worldnow.com/kfmb/misc/zahau_cell.pdf

 

[*Lash*]

One witness came forward weeks later, claiming he saw Dina on the front porch of the mansion. The police felt he saw Nina, who had already told them she went by. The Zahaus do no have one witness or even one piece of evidence that places anyone (other that Rebecca) in the room and on the balcony where she suicide prepared for her suicide.

Do you have a link to support the witness reported this info weeks later? TIA

A passerby did notice a woman at the house that night and reported it to police following Zahau's death July 13. But that witness's description of the woman does not match that of Nina Romano, according to Zahau family attorney Anne Bremner.

In a series of emails and interviews with News 8, Bremner said the witness now believes the woman he saw was Nina's sister, Dina Shacknai.

"The witness sent me a picture of Dina and said it was Dina," according to Bremner, who said the witness was riding a bicycle by the home at approximately 10:20 p.m. on July 12.

"He was going by and saw somebody with a large, black bag trying to get in the front door and looking around and going to the back of the house," Bremner said. "She was 40 to 50 years, 5'5", 170 to 190 lbs., long dark hair; wearing a black and white striped short sleeve shirt," said Bremner.

"He is positive it (was) Dina and she was acting very suspiciously," Bremner wrote. "He has seen subsequent news reports that said Nina was out front and he said that's not the person he saw."

http://www.cbs8.com/story/15982091/exclusive-max-shacknais-aunt-talks-about-coronado-mansion-deaths

 

[*Lash*]

Another rumor that has no basis. Her clothes were left neatly folded on the bed.

According to the Zahau WDS, the clothing Rebecca was last seen publicly wearing on July 12th was not found at the scene.


24. Due to the lack of markings on her body evidencing her being dragged back into the house, Plaintiffs allege that ADAM carried the DECEDENT back into the house. Based on the facts that DECEDENT was found naked, yet still wearing multiple wristbands on her wrists and that the clothing she was wearing on that date was not found at the scene of the murder, Plaintiffs allege that once inside the residence, the Defendants stripped off her clothing.

32. The Defendants were careful to remove any evidence of their involvement, including the disposal of the tape used to initially bind her lower legs, and REBECCA's clothes that she was last seen publicly in on July 12, 2011.

State ROA Document 171
37-2013-00075418-CU-PO-CTL -ROA-171_05-21-15_Amended Complaint

https://roa.sdcourt.ca.gov/roa/

 

[*Lash*]

Adam took the polygraph voluntarily (all polygraphs are voluntary), just hours after finding her body, with no lawyer present. The very experience Poly administrator felt he was truthful and had no part in her death. When all of the physical evidence pointed to Rebecca herself, there was no need for a second polygraph.

The relevance of the test being voluntary or a lawyer absent, imo, goes out the window when the examiner doesn't follow protocol. It tends to create doubt and suspicion. According to another well known expert polygraph examiner, another test should have been given, Redden's conclusion simply isn't acceptable. Polygrapher's are not trained to judge people's feelings.


“For someone with Paul Redden’s credentials and reputation, to say that he wasn’t able to draw a conclusion, but FELT Adam Shacknai was telling the truth, simply isn’t acceptable. Polygraphers don’t let emotions or gut feeling or observations to include body language, and verbalizations taint the results,” Trimarco says.

-----

“If the test is inconclusive, as it was in this case, you state that you have no opinion, period, end of discussion. This means you run another test, with new questions. Polygraphers aren’t trained to judge people’s feelings, it’s just not something we do, or have the capability of doing. Adam Shacknai needs to be given another polygraph test,” Trimarco says.


http://radaronline.com/exclusives/2...brother-needs-take-another-lie-detector-test/

 

[LuckyLucy2]

^ Do you have a link that protocol was not followed in the voluntary polygraph that Adam took? The above blub you quoted does not prove that. If any protocol was not followed, it was giving Adam the poly just hours after he discovered his brother's girlfriend's nude body hanging from the balcony. It is no wonder the test was inconclusive.

Adam did not take another polygraph, because the physical evidence at the scene collaberated his story, and proved that only Rebecca was in the room where she prepared for her suicide and there was no need for him to do so.

Since polygraphs are not allowed in court anyway, why is this relevant to the Civil Case?

It certainly isn't proof that Adam, Dina, or Nina were anywhere in the courtyard or in the room or on the balcony. There is no evidence of that, because they never were.

JMO

 

[LuckyLucy2]

<snipped for brevity} According to the Zahau WDS, the clothing Rebecca was last seen publicly wearing on July 12th was not found at the scene.

According to the SDSO investigative report, Rebecca's clothes were neatly folded on the end of the bed in the Master bedroom.

http://sdsheriff.net/coronado/

The WDS of the Zahaus is full of invented things that never happened in an attempt to make $10 Million Dollars off of the victims of their sister's actions. Their claim that her clothes were missing is just one more of those. Nothing in that document is true. JMO.

Again, how does this in any way place Adam, Dina, or Nina in the bedroom taking Rebecca's clothes? All of the physical evidence showed that only Rebecca was upstairs that night.

 

[LuckyLucy2]

<snipped for brevity>

The cell phone records confirm someone listened to Zahau's voicemail for two minutes at 12:50 a.m. on July 13, about two hours before her estimated time of death.[/I]

And that someone was Rebecca Zahau. From the SDSO site:

Rebecca&#8217;s prints were found in all areas of the incident scene, and on items directly related to the event (knife, paint tube). There was one fingerprint from a child found on the bed frame (possibly from Max), along with one other unidentified fingerprint. These two prints were from an area of the bedframe that was not near the location the rope was secured. Immediately around the area the rope was secured to the bed we found several of Rebecca&#8217;s prints, and only Rebecca&#8217;s prints.

How does there being no copy of the message Jonah left place Adam, Dina, or Nina upstairs in the office\bedroom that night anyway? There simply is no evidence to place any of the three there.

 

[Gilgamesh]

The relevance of the test being voluntary or a lawyer absent, imo, goes out the window when the examiner doesn't follow protocol. It tends to create doubt and suspicion. According to another well known expert polygraph examiner, another test should have been given, Redden's conclusion simply isn't acceptable. Polygrapher's are not trained to judge people's feelings.


&#8220;For someone with Paul Redden&#8217;s credentials and reputation, to say that he wasn&#8217;t able to draw a conclusion, but FELT Adam Shacknai was telling the truth, simply isn&#8217;t acceptable. Polygraphers don&#8217;t let emotions or gut feeling or observations to include body language, and verbalizations taint the results,&#8221; Trimarco says.

-----

&#8220;If the test is inconclusive, as it was in this case, you state that you have no opinion, period, end of discussion. This means you run another test, with new questions. Polygraphers aren&#8217;t trained to judge people&#8217;s feelings, it&#8217;s just not something we do, or have the capability of doing. Adam Shacknai needs to be given another polygraph test,&#8221; Trimarco says.


http://radaronline.com/exclusives/2...brother-needs-take-another-lie-detector-test/

^^^Lash, you are always so respectful of everyone here, even when you disagree with them. Class act all the way. It's refreshing. Thanks

 

[K_Z]

As we know from the most recent filing in the Zahau Federal Wrongful Death lawsuit, discovery is proceedng along. Specifically, we know at least 24 depositions have taken place since December 16, 2014.

f. Discovery Taken To Date
The following discovery has been taken in the state-court action. (See Section 10 below)

i. Depositions

Angela Tsuida on December 16, 2014
Hank Lebitski on December 17, 2014
Todd Norton on December 18, 2014
Kim James on January 20, 2015
Adam Shacknai on January 30, 2015
Susan Budinger on January 27, 2015
Howard Loehner on January 22, 2015
Xena Zahau on January 22, 2015
Mary Zahau-Loehner on January 23, 2015
Mitch McKay on March 23, 2015
Bob Kline on March 24, 2015
Thomas Adkins on March 25, 2015
Van Erhard on March 26, 2015
Keith James on April 1, 2015
Angel Cedeno on April 2, 2015
Troy Dugal on April 14, 2015
Dave Hillen on April 15, 2015
Brian Patterson on April 16, 2015
Mike Palmer on April 17, 2015
Mike Maccecca on April 20, 2015
Brande Silverthorn on June 16, 2015
Linda Wright on June 16, 2015
Denys Williams on June 17, 2015
Harres Karim on June 18, 2015

BBM. Adam Shaknai presumably had no compelling desire or reason to avoid or delay his deposition, and was deposed Jan 30, 2015.

We also know that the other 2 defendants, Nina Romano and her twin sister Dina Shacknai, have not been deposed as of the public posting of the above document. That makes a lot of sense to me, FWIW. The two of them need to wait until the last possible moment, until the deposition cannot be avoided any longer, to submit to their 8 hour day of questioning. IMO, they need to wait to see what else comes out in other discovery and depositions, to determine “how” they will answer their own deposition questions.

Dina and Nina (well, really only Dina, IMO) has the most to lose in this lawsuit. We all know that Nina’s financial means are quite limited, and she apparently has no job or career that could be negatively impacted by a verdict in favor of the Plaintiffs. Dina will almost certainly never work as a professional, licensed psychologist (she remains unlicensed), so she needs to protect and preserve her winnings from her divorce from Jonah—and continue to pursue his money ever more vigorously in her own civil suit against him. She has no other visible source of income or employment, other than continuing to pursue Jonah's money, and she's embroiled in at least 2 very expensive lawsuits. (Although currently it is Dina who owes Jonah money, $3301.73 in court-ordered costs and attorney fees that she was ordered to pay by July 26. From Jonah’s latest filing of a few days ago in Maricopa County Superior Court, he is renewing his request to be paid the ordered $3301.73.)

Anyway, we all know that the outcome of civil suits is always money—but often the real motivation is to uncover truth and hold the guilty responsible. Some call that extortion and blackmail—but that definitely cuts both ways in these 2 cases. One could easily say Dina is engaged in “extorting” money from or “blackmailing” Jonah AGAIN-- the father of their only child together, who died in such a tragic and accidental death. One could even opine that the lawsuit by Dina against Jonah, in the case of such a tragic accidental death of their child, is yet ANOTHER example of her unspeakably cruel and vindictive behaviors, driven by Dina’s ongoing greed and jealously. She will surely have to answer a lot of questions about her motivations for filing that lawsuit, in her deposition for the Zahau lawsuit—it is typical for deposition questions to include questions about what other lawsuits the deposee has been involved with as either plaintiff or defendant. This shows an objective pattern of the person’s history. But I digress….

So, what kinds of preliminary questions will Dina and Nina face in their inevitable depositions? I say inevitable, because I don’t believe there is any way a judge will dismiss this case, or rule on a summary judgement request, until both Nina and Dina are deposed. IMO, I could easily see the need for either or both of their depositions to exceed the one, 8 hour day of questioning (with proper court approval, of course.)

These are just some examples of introductory questions Dina and Nina will have to answer.

In a wrongful death case, a deposition typically focuses on the nature of the relationship between the survivor (the person making the wrongful death claim) and the decedent (the person whose death was caused by the defendant’s wrongful action). Specific questions will depend on who is being deposed -- is the deponent a spouse, a child, a life partner?

Here is a brief overview of the kinds of questions you can expect as part of a wrongful death deposition.

Questions about how you prepared for the deposition. One of the first things that will be asked is what you did to get ready for the deposition. (“Have you discussed this case with anyone? If so, who? What did you discuss?”)

Questions about your background. These will include basic inquiries (name and address) and questions regarding your education background and current employment.

Questions about your relationship to the decedent. In a wrongful death action, the survivors of the decedent -- including spouses, children, life partners, and others, depending on the law in your state -- can get compensation for things like loss of comfort, guidance, care, and companionship. So, the nature of the survivor’s relationship with the decedent will be considered in play.

Questions about your financial situation and the decedent’s role in supporting or providing for you financially. In a wrongful death action, family members and other dependents can make a claim for loss of the benefit of the victim’s earnings, loss of potential inheritance, and other economic effects of the decedent’s death. In some states, you don’t need to be related to the decedent in order to bring a claim for lost care or support.

http://www.personalinjurylawyer.com...aims/what-example-deposition-questions-asked-

Common Deposition Questions

In the wrongful death lawsuit, several questions are asked in order to prove the claim or to defend the defendant. These common deposition questions prove to be very beneficial in the judgment of the wrongful death lawsuit. Some of the common deposition questions that are asked in the court by the attorneys are as follows:

• How old are you?
• Are you married?
• How long have you been married?
• Do you have any children?
• How old are the children?
• Where do you work?
• What is your designation?
• What are you job duties and responsibilities?
• How much do you earn?
• What is your weight?
• Do you have any health related problems?
• Do you take any medicine?
• Have you been injured in any accidents?
• Have you ever been injured in any car accident?
• Have you been ever injured in any other type of accident?
• Do you smoke?
• Do you drink?
• What are your hobbies?
• Have you ever claimed for a personal injury lawsuit?

http://www.wrongful-deaths.com/wrongful-death-deposition-questions.html

I think we all know the deposition questions for Dina and Nina will be a whole lot more detailed that the "soft" introductory questions above. We can all, I'm sure, imagine literally dozens to hundreds of highly relevant questions for each of them. JMO, but I could easily see the need for the plaintiffs to petition the court to exceed the one day, 8 hour deposition time for Dina’s deposition. There is just so, so very much, IMO, that needs to be asked of Dina on the record, about her involvement in Rebecca’s death. That includes her actions and behavior toward Rebecca in the weeks and months leading up to Rebecca’s death. I think a lot of people are looking forward to hearing what she has to say under oath. And IMO, the conclusion of this case belongs in a court room with a jury.

What do you all think? Which questions do you think should be an essential part of depositions for Dina and Nina? I think it would be interesting to read what interested posters think.

 

[Gilgamesh]

As we know from the most recent filing in the Zahau Federal Wrongful Death lawsuit, discovery is proceedng along. Specifically, we know at least 24 depositions have taken place since December 16, 2014.



BBM. Adam Shaknai presumably had no compelling desire or reason to avoid or delay his deposition, and was deposed Jan 30, 2015.

We also know that the other 2 defendants, Nina Romano and her twin sister Dina Shacknai, have not been deposed as of the public posting of the above document. That makes a lot of sense to me, FWIW. The two of them need to wait until the last possible moment, until the deposition cannot be avoided any longer, to submit to their 8 hour day of questioning. IMO, they need to wait to see what else comes out in other discovery and depositions, to determine &#8220;how&#8221; they will answer their own deposition questions.

Dina and Nina (well, really only Dina, IMO) has the most to lose in this lawsuit. We all know that Nina&#8217;s financial means are quite limited, and she apparently has no job or career that could be negatively impacted by a verdict in favor of the Plaintiffs. Dina will almost certainly never work as a professional, licensed psychologist (she remains unlicensed), so she needs to protect and preserve her winnings from her divorce from Jonah&#8212;and continue to pursue his money ever more vigorously in her own civil suit against him. She has no other visible source of income or employment, other than continuing to pursue Jonah's money, and she's embroiled in at least 2 very expensive lawsuits. (Although currently it is Dina who owes Jonah money, $3301.73 in court-ordered costs and attorney fees that she was ordered to pay by July 26. From Jonah&#8217;s latest filing of a few days ago in Maricopa County Superior Court, he is renewing his request to be paid the ordered $3301.73.)

Anyway, we all know that the outcome of civil suits is always money&#8212;but often the real motivation is to uncover truth and hold the guilty responsible. Some call that extortion and blackmail&#8212;but that definitely cuts both ways in these 2 cases. One could easily say Dina is engaged in &#8220;extorting&#8221; money from or &#8220;blackmailing&#8221; Jonah AGAIN-- the father of their only child together, who died in such a tragic and accidental death. One could even opine that the lawsuit by Dina against Jonah, in the case of such a tragic accidental death of their child, is yet ANOTHER example of her unspeakably cruel and vindictive behaviors, driven by Dina&#8217;s ongoing greed and jealously. She will surely have to answer a lot of questions about her motivations for filing that lawsuit, in her deposition for the Zahau lawsuit&#8212;it is typical for deposition questions to include questions about what other lawsuits the deposee has been involved with as either plaintiff or defendant. This shows an objective pattern of the person&#8217;s history. But I digress&#8230;.

So, what kinds of preliminary questions will Dina and Nina face in their inevitable depositions? I say inevitable, because I don&#8217;t believe there is any way a judge will dismiss this case, or rule on a summary judgement request, until both Nina and Dina are deposed. IMO, I could easily see the need for either or both of their depositions to exceed the one, 8 hour day of questioning (with proper court approval, of course.)

These are just some examples of introductory questions Dina and Nina will have to answer.



http://www.personalinjurylawyer.com...aims/what-example-deposition-questions-asked-



http://www.wrongful-deaths.com/wrongful-death-deposition-questions.html

I think we all know the deposition questions for Dina and Nina will be a whole lot more detailed that the "soft" introductory questions above. We can all, I'm sure, imagine literally dozens to hundreds of highly relevant questions for each of them. JMO, but I could easily see the need for the plaintiffs to petition the court to exceed the one day, 8 hour deposition time for Dina&#8217;s deposition. There is just so, so very much, IMO, that needs to be asked of Dina on the record, about her involvement in Rebecca&#8217;s death. That includes her actions and behavior toward Rebecca in the weeks and months leading up to Rebecca&#8217;s death. I think a lot of people are looking forward to hearing what she has to say under oath. And IMO, the conclusion of this case belongs in a court room with a jury.

What do you all think? Which questions do you think should be an essential part of depositions for Dina and Nina? I think it would be interesting to read what interested posters think.

I was asked in a deposition if I had ever drank to the point of blackout. I was extremely taken aback by the question but I would think that this should be included for Dina. I'd like to see if she had ever been diagnosed with a personality disorder ( especially borderline personality disorder). Which prescription medicine has she taken in the last 5 years. Has she ever missed any obligations ( such as picking Max up from school at a designated time) due to her drinking?

 

[Gilgamesh]

As we know from the most recent filing in the Zahau Federal Wrongful Death lawsuit, discovery is proceedng along. Specifically, we know at least 24 depositions have taken place since December 16, 2014.



BBM. Adam Shaknai presumably had no compelling desire or reason to avoid or delay his deposition, and was deposed Jan 30, 2015.

We also know that the other 2 defendants, Nina Romano and her twin sister Dina Shacknai, have not been deposed as of the public posting of the above document. That makes a lot of sense to me, FWIW. The two of them need to wait until the last possible moment, until the deposition cannot be avoided any longer, to submit to their 8 hour day of questioning. IMO, they need to wait to see what else comes out in other discovery and depositions, to determine “how” they will answer their own deposition questions.

Dina and Nina (well, really only Dina, IMO) has the most to lose in this lawsuit. We all know that Nina’s financial means are quite limited, and she apparently has no job or career that could be negatively impacted by a verdict in favor of the Plaintiffs. Dina will almost certainly never work as a professional, licensed psychologist (she remains unlicensed), so she needs to protect and preserve her winnings from her divorce from Jonah—and continue to pursue his money ever more vigorously in her own civil suit against him. She has no other visible source of income or employment, other than continuing to pursue Jonah's money, and she's embroiled in at least 2 very expensive lawsuits. (Although currently it is Dina who owes Jonah money, $3301.73 in court-ordered costs and attorney fees that she was ordered to pay by July 26. From Jonah’s latest filing of a few days ago in Maricopa County Superior Court, he is renewing his request to be paid the ordered $3301.73.)

Anyway, we all know that the outcome of civil suits is always money—but often the real motivation is to uncover truth and hold the guilty responsible. Some call that extortion and blackmail—but that definitely cuts both ways in these 2 cases. One could easily say Dina is engaged in “extorting” money from or “blackmailing” Jonah AGAIN-- the father of their only child together, who died in such a tragic and accidental death. One could even opine that the lawsuit by Dina against Jonah, in the case of such a tragic accidental death of their child, is yet ANOTHER example of her unspeakably cruel and vindictive behaviors, driven by Dina’s ongoing greed and jealously. She will surely have to answer a lot of questions about her motivations for filing that lawsuit, in her deposition for the Zahau lawsuit—it is typical for deposition questions to include questions about what other lawsuits the deposee has been involved with as either plaintiff or defendant. This shows an objective pattern of the person’s history. But I digress….

So, what kinds of preliminary questions will Dina and Nina face in their inevitable depositions? I say inevitable, because I don’t believe there is any way a judge will dismiss this case, or rule on a summary judgement request, until both Nina and Dina are deposed. IMO, I could easily see the need for either or both of their depositions to exceed the one, 8 hour day of questioning (with proper court approval, of course.)

These are just some examples of introductory questions Dina and Nina will have to answer.



http://www.personalinjurylawyer.com...aims/what-example-deposition-questions-asked-



http://www.wrongful-deaths.com/wrongful-death-deposition-questions.html

I think we all know the deposition questions for Dina and Nina will be a whole lot more detailed that the "soft" introductory questions above. We can all, I'm sure, imagine literally dozens to hundreds of highly relevant questions for each of them. JMO, but I could easily see the need for the plaintiffs to petition the court to exceed the one day, 8 hour deposition time for Dina’s deposition. There is just so, so very much, IMO, that needs to be asked of Dina on the record, about her involvement in Rebecca’s death. That includes her actions and behavior toward Rebecca in the weeks and months leading up to Rebecca’s death. I think a lot of people are looking forward to hearing what she has to say under oath. And IMO, the conclusion of this case belongs in a court room with a jury.

What do you all think? Which questions do you think should be an essential part of depositions for Dina and Nina? I think it would be interesting to read what interested posters think.

I'd like to see Nina asked why, if her son is an adult, she said that she couldn't take the polygraph due to the fact that she had to care for her son. ( if I remember this info wrong, I'll erase this)

 

[LuckyLucy2]

I was asked in a deposition if I had ever drank to the point of blackout. I was extremely taken aback by the question but I would think that this should be included for Dina. I'd like to see if she had ever been diagnosed with a personality disorder ( especially borderline personality disorder). Which prescription medicine has she taken in the last 5 years. Has she ever missed any obligations ( such as picking Max up from school at a designated time) due to her drinking?

What on earth does that have to do with her being in Rebecca Zahau's room the night Rebecca committed suicide? And where do such accusations of her drinking come from? There was just one mention of her drinking in one of the domestic violence reports that Jonah Shacknai filed. This rumor of Dina Shacknai drinking is just bizarre. Why make up such unfounded rumors about a mother that lost her only child to the negligence of Rebecca Zahau?

Funny, if she was passed out drunk the night of Rebecca's suicide, it would mean she could not have been involved, could it?

Trying to state that Dina is a drunk from ONE mention of her ONE time drinking and taking prescription medication is like saying that Rebecca Zahau must have been an international jewel thief stealing hundreds-of-thousands of dollars because there is ONE arrest of her shoplifiting $1000 from a Macy's.

 

[K_Z]

I was asked in a deposition if I had ever drank to the point of blackout. I was extremely taken aback by the question but I would think that this should be included for Dina. I'd like to see if she had ever been diagnosed with a personality disorder ( especially borderline personality disorder). Which prescription medicine has she taken in the last 5 years. Has she ever missed any obligations ( such as picking Max up from school at a designated time) due to her drinking?

You might be onto something there with the idea of a possible alcoholic blackout. A blackout is considerably different than "passed out" drunk. People experiencing blackouts continue to be conscious and function, they just have no memory of what they did while drunk, when they sober up.

I suppose it is possible Dina could have no memory of participating in Rebecca's murder. An alcoholic blackout could explain a lot, IMO-- especially if others were aware of Dina's drinking habits. Perhaps that's why Nina went after her?

Be that as it may, substance abuse is not a "not guilty" excuse for civil or criminal liability. People with substance abuse are still legally responsible for their actions.

An interesting idea to ponder, Gilgamesh-- thank you. There have been many reports, in various places online, for years now that Dina had a serious drinking problem at the time of Rebecca's death. Rumors, of course-- but persistent rumors. Early on there were lots of comments in various places about Dina sleeping off a hangover the day Max fell-- many presumed that was why she didn't answer the door to police for so many hours. She was seen drinking heavily the night before Max fell, with her BF Mark, IIRC. The one who finally answered the door to police, and whose daughter posted the social media comments about Max being brain dead the next day.

An alcoholic blackout on the night of Rebecca's death could explain a lot, IMO.

 

[LuckyLucy2]

KZ, you said, "There is just so, so very much, IMO, that needs to be asked of Dina on the record, about her involvement in Rebecca&#8217;s death. That includes her actions and behavior toward Rebecca in the weeks and months leading up to Rebecca&#8217;s death."

As you know, the allegations in the WDS only involve the hours surrounding Rebecca's suicide. The "weeks and months leading up to Rebecca's death" have nothing to do with it.

The Zahaus will have to prove that Dina, Nina, and Adam were in that bedroom that night - which they will never be able to do - no matter how many depositions are given.

Did you happen to notice that 21 of the people that have already been deposed belived Rebecca committed suicide, since the majority are LE, and crime lab personnel?

It is the Zahaus that will have to prove that Dina, Nina, and Adam are guilty - which they will never be able to do since they are not. Dina, Nina, and Adam are already innocent in the eyes of the law, so the Zahaus have a rough climb ahead.

I don't believe the case will ever see a jury. The demurrers that the three innocent defendants have submitted show that the Zahaus have made up the entire, ridiculous story. I think the Judge will throw the case out of court when the demurrers are heard in February. I just hope she fines the Zahaus a ton of money and makes them pay for the defendants court costs for using the court to bring baseless accusations against innocent people.

Adam's Demurrer

After two years, during which Plaintiffs&#8217; counsel have filed eight separate iterations of their complaint in federal and state court, the allegations before this Court remain insufficient and, therefore, the demurrer should be sustained without leave to amend and the case should be dismissed with prejudice. As explained in previous briefing, Rebecca Zahau&#8217;s tragic death was, after a thorough investigation by law enforcement, determined to be a suicide. Unable to accept this conclusion, Plaintiffs&#8217; counsel filed parallel federal and state cases with nothing more than threadbare allegations that three individuals conspired to murder her. Yet after four years of investigation and four sets of counsel, the only allegation connecting Defendant Adam Shacknai to the purported conspiracy is based on a &#8220;belief&#8221; held by the Plaintiffs. Where an allegation is based on nothing more than a &#8220;belief,&#8221; it is black-letter law that the allegation must be accompanied by allegations setting forth facts upon which the belief is founded. Gomes v. Countrywide Home Loans, Inc. 192 Cal. App. 4th 1149, 1159 (2011).

The Second Amended Complaint, however, fails to make any such allegations. After eight attempts to state a claim against Mr. Shacknai, enough is enough. This demurrer should be sustained, and this time, sustained without leave to amend.

Dina's Demurrer

Here, Plaintiffs allege that the basis of their believe that Adam killed decedent is "the injuries sustained by Rebecca on the amount of strength needed to create such injury. But that information does not in any way logical or rationally connect Adam to decedent's death. This information does not tell us why Adam, as opposed to anyone else, killed decedent. It excludes literally anyone in the world who has the same or greater strength than Adam as someone who could have killed the decedent. The alleged basis for the belief is a non-sequitur relative to the allegation.

Of course, the reason the purported information does not have any rational relation to the charging allegation is because Plaintiffs admit that in fact, they have no facts to allege in support of the assertion that Adam killed decedent. The qualifying allegation that defendants removed all of the evidence has no basis at all and therefore it cannot be accepted as true. Which leaves us with the simple and unavoidable conclusion that Plaintiffs have no evidence - no facts - to base this or another charging allegation or claim against Ms. Shacknai or any other defendant. The law requires that this conclusion be reached because it is a judicial admission of a fact that is conclusively deemed true against the pleader.

pg 8 line 4. The problem with this is that the very allegations that Dina and Nina were involved at all, or were even in the house at all on the morning of decedent's death, among other things are themselves allegation-made-on-information-and-belief without a sufficient, rational basis; it's the allegation-made-on-information-and-belief equivalent of double and triple and quadruple hearsay...

V. Conclusion

Ms. Shacknai takes very seriously Plaintiffs' admission that they have no evidence in support of the involvement of any defendant in any alleged murder of decedent. It is a quintessential parapraxis. And it's the reason Plaintiffs have pled their complaint the way they have. Its literally impossible that Plaintiffs have any information to support the allegations they are making. Plaintiffs of course, have the entire investigatory files from the investigating agencies and they therefore are able to pilfer any and all facts from the investigations that they believe implicates Ms. Shacknai and the other defendants. Yet the only charging allegation concerning Ms. Shacknai that is not based on information and belief is that of a witness who thinks he saw her outside the house on the evening before the morning that decedent was found dead. That alone cannot save Plaintifs' complaint. The demurrer should be sustained.

Nina's Demurrer

Nina Romano demurrers to plaintiffs' Third Cause of Action for "Survival Action - Negligence" on grounds that there is a failure to state facts sufficient to constitute a cause of action (Code Civ. Proc., §430.10, subd. (e)), and on grounds the allegations are otherwise uncertain as they relate to this defendant (Id., at subd. (0).

Nina Romano demurrers to plaintiffs' Fourth Cause of Action for "Survival Action &#8212;

Conversion" on grounds that there is a failure to state facts sufficient to constitute a cause of action (Code Civ. Proc., §430.10, subd. (e)), and on grounds the allegations are otherwise uncertain as they relate to this defendant (Id., at subd. (0).

WHEREFORE, defendant Nina Romano prays as follows:

That this Demurrer be sustained with respect to the First Amended Complaint and each of the causes of action alleged as against this defendant, namely the First, Second, Third and Fourth Causes of Action, and that it be sustained without leave to amend;

That defendant recover costs of suit herein incurred; and,
For such other and further relief as the court may deem just and proper.