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

[K_Z]

I don't understand why the Z's haven't viewed the hospital videos since they are the ones looking for evidence that DS left the hospital and didn't return until a certain time. I would have been all over them (or had one of the Z defenders in SD do it) once they became public domain.

Where are you finding that the Zahaus have NOT viewed them?

This below is from the Federal case (Documents 64-1, 11 pages). I think we can safely conclude that the Zahau's and their attorney Greer know exactly where the 27 surveillance CDs are, and HAVE definitely reviewed the surveillance. Page 3 of document 64-1 state that all the evidence held by SDSO and Coronado PD has been produced to BOTH parties, and the rest is available in evidence storage to BOTH parties for review and analysis.

It was this document filed in the Federal case that confirmed for all of us, the public following the case, that the Rady surveillance actually still existed and WAS preserved and available to BOTH sides.

Dina's attorneys, in this filing, were trying to compel the Zahau attorneys to turn over whatever they found in their review of the surveillance videos. IIRC, Greer basically said whatever we found is our personal work product, and is privileged, and then discussed again where the surveillance is being kept, and how the defendants could go look at it themselves at their convenience.

The whole point was that there was no need for Dina's claims for a "federal subpoena", because the originals were (and ARE) available to BOTH the plaintiffs and defense.

Defendant Dina Shacknai argues that the surveillance taken by Rady Children’s Hospital the night Rebecca Zahau was killed will establish that she was not at the scene of the hanging, and that it is being held by the Department of Justice. However, the 27 CDs from Rady’s Children’s Hospital were produced to the Coronado Police Department pursuant to subpoena, and are currently held as Item 10 in the Coronado Police Departments evidence storage. (Greer Decl., ¶ 5, pg.3). Although Defendant argues that state court processes to obtain the disks have been futile, there is no evidence submitted to support the argument.

BBM.

Here is a link to Carioca's post #94, from 4-07-15. The PACER federal documents are imaged there. Please read document 64-1, which is the memorandum by Attorney Greer opposing Dina's opposition to stay the proceedings in the Federal case. It's pretty clear that the Rady surveillance is available to both parties at their convenience-- no subpoenas needed. They simply have to go there to see it.

http://www.websleuths.com/forums/sh...-2013-in-California-3&p=11663295#post11663295

ETA: In fact, now that I re-read 64-1, and the attached exhibit C, it's clear that it will be possible to construct a visual aid displaying all of the defendants entries and exits at Rady. The evidence subpoenaed includes all surveillance from one hour before Max was admitted Monday, June 11, 2011, thru 8:00 am Wednesday, June 13. It is possible to track the entries and exits of each of the defendants. I'm confident the Zahau attorneys have done just that.

And there is no gag order in this case. Either side could leak or publicize the findings on those surveillance CDs, or any other evidence. We already know the sheriff stated Dina is not seen on surveillance during the time in question. So there's no need for the Zahaus to re-iterate that. If the Sheriff wasn't correct, it's up to Dina and her attorneys to correct that in the public. Otherwise, the public is probably going to believe the Sheriff's statements that she isn't there.

 

[LuckyLucy2]

If Dina wasn't seen leaving Rady's, as the SDSO contends, that means she was in Max's ICU room the entire time in question, and she has witnesses to prove it, according to Ann Rule's book, which is referenced by the Zahaus on their Indiegogo Fund Raising site.

The Zahaus have had access to the video tapes for quite some time now. If they had discovered Dina leaving Rady's, CERTAINLY they would have presented it to the Attorney General when they petioned her. We know, they obviously do not have that footage, since the Attorney General, for the second time, refused to reopen the case.

And wouldn't have Attorney Greer have used that information in his latest news article about "evidence that would blow the case open", instead of the ridiculous recording of a woman mimicking the scream she heard coming from the beach? Information that Bremner talked about four years ago?

And I think most people watching the case know that even if she left Rady's, that still doesn't place her in the courtyard assaulting Rebecca Zahau and hitting her on the head with the red dog bone (or was it the red Dr. Pepper cup?). But Dina Shacknai did not leave Rady's, as the San Diego Sherriff's office has confirmed.

Nope, the Zahaus they have nothing. No evidence at all that places Dina in that courtyard.

 

[IQuestion]

Perhaps is still owing Dr. Melinek some money?

Kittychi...I hadn't thought of that angle. Did her contract provide for Dr. M to have to disclose "everybody" from whom she received money for (4months?) time period.
Wow, I wish we more choices than THANKS, REPLY and REPLY WITH QUOTE. Because after reading posts from KZ and you...I want to push a button:
That says, "Wow, just Wow!"
If Dr. M is still owed money.....then I think she should change the working title of her new book from Working Stiff to WORKING "STIFFED".:blushing:

 

[screecher]

^^^ :lol:

 

[K_Z]

New documents on the San Diego ROA, #184/185-185 (e-filing duplicate):

Dina's Demurrer to Second Amended Complaint (17 pages):

https://roa.sdcourt.ca.gov/roa/face...L_ROA-184_06-16-15_Demurrer_1434569036899.pdf

 

[justice be served]

Dina was cleared by law enforcement. She doesn't need to do anything else. She was never a "suspect" in her ex-husband's girlfriend's dramatic and bizarre suicide.

Dina may have never been officially a suspect, but she was required to take a polygraph which she stated she could not do and would have to reschedule it. Of course SDSO allowed that rescheduling to slide and no poly was done. Guess we'll never know how the poly would have come out now will we?

If that were me, innocent of course, I would be more than willing to take a polygraph. I certainly would want to make clear that I was innocent of my ex-husband's girlfriend's death. Guess Dina was afraid of what the polygraph would show. At least that is the appearance.

 

[BBL]

If Dina wasn't seen leaving Rady's, as the SDSO contends, that means she was in Max's ICU room the entire time in question,

Snipped by me.... I think this is an interesting nuance. IIRC, Gore just said she wasn't seen on video. I took this to mean she wasn't seen in or around Max's room during a certain time period. Doesn't mean she wasn't on video at all, that makes no sense. He also did not say she wasn't seen "leaving Rady's". That also could not be accurate. Obviously she has to be seen entering and exiting Rady's at some point over the course of the time Max was there. IMO SDSO looked at a very specific, esoteric, time period... and Dina wasn't seen. To SDSO, I would now be trying to clarify exactly what time frame they looked at that excluded Dina. I'd also want to know which camera view he used. Was it all of them including hospital entrance/exit? Parking Garage? Knowing how the investigation went, he could have not bothered to look at all camera views during ALL hours in question. They just used what helped prove up a theory.

Regardless, not seeing Dina on hospital video in no way means she was in Max's room. She never went to the bathroom? Got a drink? Walked to the nurses station to ask a question? Stepped outside the room to make a phone call? Stepped outside the room while a procedure was being done? Impossible that she would be there for an extended period and not be picked up on video. IMO.

 

[LuckyLucy2]

:great:

This confirms what I just said, the Zahaus have NO, NADA, NIL, evidence!

Zahaus, I'm afraid your goose is cooked! :shame:

 

[LuckyLucy2]

Dina may have never been officially a suspect, but she was required to take a polygraph which she stated she could not do and would have to reschedule it. Of course SDSO allowed that rescheduling to slide and no poly was done. Guess we'll never know how the poly would have come out now will we?

If that were me, innocent of course, I would be more than willing to take a polygraph. I certainly would want to make clear that I was innocent of my ex-husband's girlfriend's death. Guess Dina was afraid of what the polygraph would show. At least that is the appearance.

Dina was not required to take a polygraph test.. She was not even asked to, As far as we know., since it was determined by LE that she was at Rady's during the time of Rebecca Zahau's suicide.

Polygraphs are voluntary. You cannot be required to take one in a criminal case.

"You are never under any legal obligation to take a lie detector test in a criminal investigation. Even if police tell you the test is mandatory or they threaten you with arrest if you refuse to take one, you don’t have to. And volunteering for a test to prove your innocence can be risky, because the results of the test are not guaranteed be accurate."

http://www.polygraphks.com/faq.htm

 

[BBL]

Another thought, if Dina is savvy enough to plan ahead to leave her cell phone behind (and play the part of her), then she is also savvy enough to not be blatant about leaving the hospital. A baseball cap, etc... could have been enough to allow her to slip by if someone isn't looking too hard for her. And, I don't believe Gore and his team were looking too hard for her on those tapes.

 

[LuckyLucy2]

SDSO didn't have to look for her on tapes, since she has witnesses that placed her in Max's room all night long. IMO, the witnesses are nurses and doctors. Very trustworthy people. They would have no reason to lie about Dina's whereabouts.

 

[BBL]

Given Gore's statement though, they did have to look for her on the tapes. When pressured he had to resort to cell phone triangulation. He very reluctantly admitted she was not to be seen on surveillance tapes. If there were witnesses, that would have been the obvious time to say so. And, he didn't. Is he stupid? I don't think so. I think he is sly and untrustworthy, but I don't think he is stupid.

Also Dina, during one of her many public appearances, could have easily brought someone forward as a witness and nip speculation in the bud. Again, she didn't. They are not going to magically appear. I don't believe they've been under a rock all this time. I just do not believe witnesses exist that can place Dine in Max's room "all night long".

 

[BBL]

Sorry, I'm really stuck on this one. I also do not believe that Dina did not once leave the room in the entire time she said she was at Rady's. If she did, a camera would have picked her up. Right? Maybe someone in the know can confirm this?

 

[LuckyLucy2]

Given Gore's statement though, they did have to look for her on the tapes. When pressured he had to resort to cell phone triangulation. He very reluctantly admitted she was not to be seen on surveillance tapes. If there were witnesses, that would have been the obvious time to say so. And, he didn't. Is he stupid? I don't think so. I think he is sly and untrustworthy, but I don't think he is stupid.

Also Dina, during one of her many public appearances, could have easily brought someone forward as a witness and nip speculation in the bud. Again, she didn't. They are not going to magically appear. I don't believe they've been under a rock all this time. I just do not believe witnesses exist that can place Dine in Max's room "all night long".

Ann Rule says otherwise.

And yes, it is possible to stay in a hospital room without leaving for twelve hours. I have done it, as I am sure many people have when they stay overnight with a patient. I always take food and drink with me, so I am set for the night. Simple.

And we now know, from Dina's Demurrer, that the Zahau's only evidence is the partial witness that mistakenly said Dina was at the mansion.

So...the Zahaus do not have Dina leaving Rady's, and we do know that Ann Rule stated Dina had witnesses that put her there "throughout" the night. those two things make it pretty cut and dried - Dina was at Rady's in Maxie's room.

I honestly doubt that Dina cares what we on WebSleuths, or anyone else thinks. She was found to be uninvolved - and no where near the mansion - the night of Rebbecca's crazy, naked suicide. She was cleared by law enforcement. Facts aren't going to stop some people from believing what they believe - even when all the evidence says they are wrong.

 

[SophieRose]

BBM: And be given lip service again about an "investigation"? You would think the police would have done that, wouldn't you. Already been down that road!

The police did do that and she was not seen on the videos. JS was seen leaving, going to RM House and not leaving during the night. That's why he is on video. Ann Rule who had access to the police reports wrote there were witnesses placing DS in the room. And yes, they used the triangulation of her phone.

But those videos were used to find her leaving the hospital, and she wasn't found on them.

The media loves this story, if theZ's found evidence, media would have eaten it and showed the video.

 

[kittychi]

The police did do that and she was not seen on the videos. JS was seen leaving, going to RM House and not leaving during the night. That's why he is on video. Ann Rule who had access to the police reports wrote there were witnesses placing DS in the room. And yes, they used the triangulation of her phone.

But those videos were used to find her leaving the hospital, and she wasn't found on them.

The media loves this story, if theZ's found evidence, media would have eaten it and showed the video.

BBM: Why would the Zahaus provide their evidence to the media? There would be no point. Dina, on the other hand, could benefit from providing her evidence, i.e. witnesses, to the media. She has had many opportunities.

I believe that BOTH sides...the Zahaus and Dina, Nina and Adam know something that we and the media don't know and that something is the truth.

 

[screecher]

Back in the day, in the beginning, many thought JS was the killer, remember? UNTIL......proof was provided he wasn't there.

Not only was there no proof DD was with her Maxie, there was/is proof she was at the mansion!

And just because AR wrote something, in a 'novella', doesn't make it fact lol.

 

[screecher]

Sorry, I'm really stuck on this one. I also do not believe that Dina did not once leave the room in the entire time she said she was at Rady's. If she did, a camera would have picked her up. Right? Maybe someone in the know can confirm this?

BBM

Well, Dina wanted Lisa Luber to confirm something, but she wouldn't lie for Dina hah!

 

[*Lash*]

Dina was cleared by law enforcement. She doesn't need to do anything else. She was never a "suspect" in her ex-husband's girlfriend's dramatic and bizarre suicide.

SDSO never publicly stated Dina was a suspect or POI. However Det. Angela Tsuida did request a search warrant for Dina's phone while STILL investigating whether Rebecca's death was a homicide or suicide. In the SW the detective states the purpose of the warrant was to verify the truthfulness of the statements and locations given by Dina and Jonah during the investigation. The detective had a clear reason to check Dina's phone records. In my opinion, because Dina was a POI.

http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-164.pdf

 

[*Lash*]

Dina may have never been officially a suspect, but she was required to take a polygraph which she stated she could not do and would have to reschedule it. Of course SDSO allowed that rescheduling to slide and no poly was done. Guess we'll never know how the poly would have come out now will we?

If that were me, innocent of course, I would be more than willing to take a polygraph. I certainly would want to make clear that I was innocent of my ex-husband's girlfriend's death. Guess Dina was afraid of what the polygraph would show. At least that is the appearance.

Hi Justice be served :wave:

Did you mean Nina? It was Nina who was asked to take a poly. It was scheduled and Nina canceled the day it was to be given. It was never rescheduled. I believe Nina said in her interview she canceled because Max had just passed away.

http://www.cbs8.com/story/15941030/max-shacknais-aunt-at-mansion-hours-before-zahaus-death