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

[LuckyLucy2]

I have a relative on the Maricopa County Superior Court Bench......that is the law........the homeowner is responsible. <modsnip>

With all due respect, you may want to recheck with your relative. It is indeed the BABYSITTER that is held responsible...and arrested, NOT the homeowner,. Even in Maricopa County.

Here is just one case in Maricopa, where the BABYSITTER was arrested. Not the Mother. The BABYSITTER was the 16 year old son of the Mother's boyfriend.

Interestingly, in this case, just like in Max's, "police said Hoskins told three different versions of what happened. Initially he claimed he had no idea how Ian was injured. Then he blamed the family dog for knocking the boy down."

http://www.azcentral.com/story/news...cing-charges-death-young-phoenix-boy/9484523/

I don't think in any county - in any state - is the HOMEOWNER (parent) arrested if a BABYSITTER hurts a child.

 

[K_Z]

Tricia or Harmony--

Would you consider allowing a thread for Dina's wrongful death lawsuit in Arizona against Jonah?

I think it would allow this thread to concentrate on Rebecca's wrongful death lawsuit, naming Dina, Nina, and Adam as defendants.

 

[Zinn]

IMO, there was possibly an "easier" way for Dina to try to get Jonah's homeowner's insurance to pay out for damages-- and that would be to demonstrate that the staircase railing was not up to code/ dangerous, and contributed to Max's fatal fall.

That still would have been tough fight, but a heckuva lot more "objective" than SUBJECTIVE and unprovable claims of negligence by anyone there, IMO.

I never really understood why Dina didn't pursue the inadequate/ faulty railing angle? Granted, it would mean publicly abandoning her vendetta against Rebecca and her sister, because now "the railing" would be at "fault".

But it seems like that angle, the railing, would bring in more money for her than her current strategies. Lawsuits and related travel and activities have become a way of life for Dina. Even with her big divorce $$ award, I suspect she is under some financial pressures these days-- especially since she doesn't work, and has no other apparent source of income.

BBM

IIRC, DS and JS lived in this same house together when married. Perhaps focusing on the railing would have been complicated by the fact that the railing was not modified while DS and JS shared the home together. If they ever had a general home inspection, or if they ever used a professional child proofing service, it may have been noted as a hazard.

All of the above is just my opinion.

 

[Inparadise]

BBM

IIRC, DS and JS lived in this same house together when married. Perhaps focusing on the railing would have been complicated by the fact that the railing was not modified while DS and JS shared the home together. If they ever had a general home inspection, or if they ever used a professional child proofing service, it may have been noted as a hazard.

All of the above is just my opinion.

Spreckels is designated as a "Historical" property (with special property tax concessions), and it is very difficult to make changes that would compromise the architectural elements of the property and still maintain the "historical" status.

 

[Morag]

I'm traveling and have not been following this thread minutely, but I believe someone wondered why, if Jonah knew how angry Dina was, that he didn't warn Rebecca.

Perhaps he did. We don't know what was in that late night text message.

 

[screecher]

Once I learned the message from Jonah had been 'erased' (and couldn't be retrieved supposedly), I came to the realization NINA erased that last message from Jonah, hence her story about Rebecca handing her cell to NINA (the reason why NINA's prints were all over Rebecca's phone). Perhaps Jonah was trying to warn Rebecca? But Rebecca was already, for lack of a better word, dis-abled.

 

[LuckyLucy2]

IMO, the message from Jonah was to tell Rebecca that Max was not responsive at all, that Child Protective Services had been called by Rady's because Max's injuries did not match ANY of the various stories Rebecca Zahau gave about the accident, and that she needed to move OUT of the mansion until the matter was resoloved.

I think she deleted the message out of anger, and then killed herself in the bizarre manner she did to get back and Jonah...and Dina, who she absolutely HATED.

 

[K_Z]

Once I learned the message from Jonah had been 'erased' (and couldn't be retrieved supposedly), I came to the realization NINA erased that last message from Jonah, hence her story about Rebecca handing her cell to NINA (the reason why NINA's prints were all over Rebecca's phone). Perhaps Jonah was trying to warn Rebecca? But Rebecca was already, for lack of a better word, dis-abled.

Yes, that's close to what I think, too. Dina had had a few hours to absorb the impact of what Max's injuries were, and that he would, IMO, never recover. I think Jonah knew Dina blamed Rebecca, and was on the warpath, planning to confront Rebecca. I don't think even Jonah thought Dina might actually kill Rebecca, but that there was a loud, angry confrontation coming from Dina to Rebecca. I think Rebecca had experienced Dina's stalking and anger before, and knew about her violence from the end of Dina and Jonah's marriage-- and probably was more than a little afraid of Dina. I think Jonah was calling to WARN Rebecca that Dina blamed her, and was headed her way.

I think Nina also knew Dina was headed to start an angry confrontation late at night with Rebecca, and Nina was on her way over to rein in Dina. To keep Dina from doing something angry and vindictive that she'd be arrested for, etc. I think the violent confrontation was already in progress when Nina arrived, and it was too late to stop Dina from attacking and hurting Rebecca-- who was likely still conscious when Nina arrived, IMO. At that point, they decided Rebecca had to be silenced, permanently, IMO.

I agree that it makes most sense that Nina handled Rebecca's phone, and erased the voice mail from Jonah. The story about handling Rebecca's phone in the car from the airport was just ridiculous-- another example of a convoluted explanation for a situation that didn't need ANY explanation. Like the "I never touched the gate" thing. They both sound like lies to any reasonable person, lies told to cover things after the fact.

Nina didn't indepently have a grudge or vendetta against Rebecca, IMO. She is just very loyal to her twin sister, in a fatally misguided way. So loyal, IMO, that she helped her sister murder Rebecca and try to cover it up and deflect attention away from Dina. That's what I think.

 

[*Lash*]

Totally agree Screecher and KZ, imo Jonah's message was to WARN Rebecca about Dina.

I also believe this is the reason Jonah let Nina borrow his car that night. I personally believe Nina and Jonah both were concerned about Dina confronting Rebecca. Nina and Jonah both were aware of Dina's temper from past experience.

 

[Quester]

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?

 

[screecher]

Pretty sure it is here:

http://www.websleuths.com/forums/sh...der-Media-links-amp-Timelines-*NO-DISCUSSION*

A lot of informative posts by a lot of awesome posters!

 

[screecher]

I wonder if Mr. Bicycle Family-Man would be able to identify DINA as the woman standing in the entrance of the mansion the morning Rebecca was found?

 

[LuckyLucy2]

That will be pretty hard for the Judge to accept considering Dina has proof that she was at Rady's during the time frame of Rebecca's dramatic suicide.

And everyone knows that eye witness testimony is the least reliable of all evidence.

 

[LuckyLucy2]

And you....and the Zahaus, have no proof Dina was anywhere near that courtyard or in Rebecca's room. Because she wasn't.

 

[screecher]

^^^ Well, there is no proof DINA was at Rady....during the...

time-frame Rebecca was accosted, interrogated, beaten, strangulated, humilated, used as a canvass, with the perpetrator painting black paint on her nipples, bound and hog-tied by a RED tow rope. However we all know Jonah asked NINA, or NINA asked Jonah to use his vehicle to search out DINA.

I have not a doubt the judge will want PROOF DINA was at Rady. lol

And I have not a doubt Mr. Bicycle Man has identified DINA as the woman standing in the entrance way, visiting with a detective, on the morning Rebecca was found murdered.

 

[Betty P]

Totally agree Screecher and KZ, imo Jonah's message was to WARN Rebecca about Dina.

I also believe this is the reason Jonah let Nina borrow his car that night. I personally believe Nina and Jonah both were concerned about Dina confronting Rebecca. Nina and Jonah both were aware of Dina's temper from past experience.

Yes, this may be what actually happened. The story about the erased phone message and the reluctance of SDSO to attempt to retrieve it was also suspect. If Jonah's message was actually a warning and if Nina erased it, it means Jonah lied to help cover up important evidence.

 

[K_Z]

Totally agree Screecher and KZ, imo Jonah's message was to WARN Rebecca about Dina.

I also believe this is the reason Jonah let Nina borrow his car that night. I personally believe Nina and Jonah both were concerned about Dina confronting Rebecca. Nina and Jonah both were aware of Dina's temper from past experience.

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.

 

[K_Z]

I have a couple questions for anyone who may be familiar with Rady PICU, and how it looked in 2011.

How many beds are in the main PICU? Is the unit "open bay", with only curtains between beds? Or is it more modern, with glassed in cubicles and big sliding doors for each bed bay? Are there windows in the bed bays? Is the unit arranged like a rectangle (or circle), with the nurses station in the middle? Where is the parent lounge, with toilets, showers, etc? How close is the elevator to the PICU main entrance? (or is there one?) Does anyone know which bed, or where in the PICU, Max was, relative to the main entrance doors?

Thanks in advance to anyone who can answer!

 

[MyBelle]

^^^ Well, there is no proof DINA was at Rady....during the...

time-frame Rebecca was accosted, interrogated, beaten, strangulated, humilated, used as a canvass, with the perpetrator painting black paint on her nipples, bound and hog-tied by a RED tow rope. However we all know Jonah asked NINA, or NINA asked Jonah to use his vehicle to search out DINA.

I have not a doubt the judge will want PROOF DINA was at Rady. lol

And I have not a doubt Mr. Bicycle Man has identified DINA as the woman standing in the entrance way, visiting with a detective, on the morning Rebecca was found murdered.

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

 

[MyBelle]

That will be pretty hard for the Judge to accept considering Dina has proof that she was at Rady's during the time frame of Rebecca's dramatic suicide.

And everyone knows that eye witness testimony is the least reliable of all evidence.

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