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

[justice be served]

justice be served, that really isn't an issue in this case. Even if Dina was seen leaving on camera, so what? That still would not place her in the courtyard of Spreckles killing Rebecca Zahau. Especially since Rebecca's bizarre death was proved to be at her own hands.

Plus, Ann Rule has already said in her book that Dina had witnesses that placed her in Max's room throughout the night. The Zahaus' even list the book as "Relevent Media" on their Indigogo Fundraising site. That's the one where they only made 1% of their goal due to lack of support.

I think everyone will look forward to the actual witness testimony that proves without a doubt where Dina was that night. And not just a piece of that night but from 10:00 or so onward. Leaving it at Ann Rule's book doesn't cut it for most people. Why do you think it's been so hush-hush now four years later (the witness detail)? Critical thinkers ask for more - that's only common sense.

 

[IQuestion]

I did not imply Dina NEVER left the ICU so kindly refrain from misrepresenting my posts. She did NOT leave her son's bedside during the hours of RZ's death which is all this lawsuit is about.

I'm pretty sure the Judge will have no problem finding the Sheriff's investigators credible....if this ridiculous case gets that far and I doubt it will.

JMO

....and kindly refrain from misrepresenting mine, too.
I actually find, after reading your posts, I am more diligent than ever in researching the subjects you appear to know so much about. For instance, the location and purpose of security camera's at Rady's. If it were not for your brilliant contributions, I would have never known about Wayne Bleyle, the 26 year old respiratory therapist who worked there, and arrested. And if it were not for your brilliant contributions, I would have never known about the arrest of Chirstopher Irvin, the 32 year old nurse...(both who were arrested for child , photographing children at the hospital and Irvin inappropriately touching an unconscious child.) http://content.healthaffairs.org/content/30/9/1795.full
And, I would have never known the extraordinary changes and serious efforts Rady's has taken to protect their patients, today. They have state of the art surveillance and every employee attends lengthy orientations in that regards.
BTW, What is your opinion on the use of CELL PHONE CAMERAS TO TAKE PICTURES OF UNCONSCIOUS PATIENTS????
Do you think that is against hospital policy?

 

[justice be served]

1) I agree all suspicious deaths should be viewed through the lens of homicide, however I feel the investigation was redirected. Afterall, who sends a high powered defense attorney to a suicide?

Snipped for focus. iQuestion, I appreciated your pointing out this fact again. The former prosecutor, Paul Pfingst, who is now a defense attorney in private practice in SD, arrived on the scene of Rebecca's death way before even the medical examiner. When questioned, Pfingst would not say who he represented IIRC but that he was representing a family member.

To me this was a gross error on the part of whomever requested he be there for this reason: It shows, without question, that the need was there to circumvent a real investigation to what was initially called a 'very suspicious death and possible homicide'. It is a compelling piece of the puzzle.

The original detective, Angela Tsuida, was thereafter replaced in the investigation. Angela had even requested that she be at the autopsy - but was not in fact there. I strongly believe that the "investigation" (purposely quoted as I don't believe it was done so without prejudice), then took a detour to prove this 'suspicious death' was instead a suicide.

Pfingst's appearance BEHIND THE CRIME TAPE can be used by the Zahau's to follow a thread that lead to a false investigation.

 

[MyBelle]

I think everyone will look forward to the actual witness testimony that proves without a doubt where Dina was that night. And not just a piece of that night but from 10:00 or so onward. Leaving it at Ann Rule's book doesn't cut it for most people. Why do you think it's been so hush-hush now four years later (the witness detail)? Critical thinkers ask for more - that's only common sense.

BBM. As the legal documents posted upthread point out by citing the ME's investigative report, the only relevant time for the purposes of the lawsuit is the day of RZ's death, not the day prior. RZ was not dead at 10:00 PM. Critical thinkers have figured that out by now.

JMO

 

[justice be served]

BBM. As the legal documents posted upthread point out by citing the ME's investigative report, the only relevant time for the purposes of the lawsuit is the day of RZ's death, not the day prior. RZ was not dead at 10:00 PM. Critical thinkers have figured that out by now.

JMO

Again, for those who know the details of this case, at 10:30 p.m. (one half hour before - whereby I suggest they need detail of where Dina/Nina were), it was admitted by Nina that she was, in fact, at the house where Rebecca died at some time several hours later. What is in question here about the times? Are you saying we only need detail of 2 a.m. in the morning? Not several hours before that time when the medical examiner believes Rebecca died? Perhaps you may want to read all of the case facts?

And BTW, the medical examiner allowed Rebecca to lie dead some 13 hours before they SLOWLY arrived at the scene to call her death? Really? For all we know, Rebecca could have been dead at 10:30 p.m. that very night. You know, one-half hour past the time I suggest we need detail of where the lovely twins were.

Now back to re-railing the thread away from de-railing the thread TUVM.

 

[screecher]

.... it is not unusual for parents, mothers especially, not to leave the ICU while the child is in critical condition.


JMO

I did not imply Dina NEVER left the ICU....
JMO

snipped

It certainly looks like an implication to me, in that first quoted post, for sure

 

[MyBelle]

It was good to see that in the Demurrer just filed by Nino Romano's Attoneys that they are asking for:

That defendant recover costs of suit herein incurred; and,

For such other and further relief as the court may deem just and proper.

Dina and Adam's attorneys have asked for the same in their Demurrers. I believe the Judge will have them pay the Defendants' costs and will also fine the Zahaus for filing a bogus court case.

I doubt he can impose a fine but my guess is that the defense strategy includes filing an action for the blatant abuse of the court process in order to facilitate the defamation of character of the defendants.

I can certainly understand why attorney Bremner walked away from the plaintiffs who need to accept their loved one committed suicide after learning the child gravely harmed while in her care would not survive. It says it right in the ME's report.

JMO

 

[MyBelle]

snipped

It certainly looks like an implication to me, in that first quoted post, for sure

That's your spin, not mine. The only time in question for me is the time surrounding RZ's death which is noted on the ME's report to be 6:48 AM.

JMO

 

[justice be served]

I doubt he can impose a fine but my guess is that the defense strategy includes filing an action for the blatant abuse of the court process in order to facilitate the defamation of character of the defendants.

I can certainly understand why attorney Bremner walked away from the plaintiffs who need to accept their loved one committed suicide after learning the child gravely harmed while in her care would not survive. It says it right in the ME's report.

JMO

Link please. TUIA. I would like to know the detail of that. We know she's no longer on the case is all.

 

[justice be served]

That's your spin, not mine. The only time in question for me is the time surrounding RZ's death which is noted on the ME's report to be 6:48 AM.

JMO

If investigations only took into account the actual TOD only, we would have some pretty sketchy investigations and outcomes. I think we all know that the hours leading up to a TOD are critical indeed. Unless a contrarian position is advanced just to be contrarian. LOL

 

[MyBelle]

Again, for those who know the details of this case, at 10:30 p.m. (one half hour before - whereby I suggest they need detail of where Dina/Nina were), it was admitted by Nina that she was, in fact, at the house where Rebecca died at some time several hours later. What is in question here about the times? Are you saying we only need detail of 2 a.m. in the morning? Not several hours before that time when the medical examiner believes Rebecca died? Perhaps you may want to read all of the case facts?

And BTW, the medical examiner allowed Rebecca to lie dead some 13 hours before they SLOWLY arrived at the scene to call her death? Really? For all we know, Rebecca could have been dead at 10:30 p.m. that very night. You know, one-half hour past the time I suggest we need detail of where the lovely twins were.

Now back to re-railing the thread away from de-railing the thread TUVM.

I have read the ME investigative report and I suggest you might want to review it. The ME report clearly notes RZ's time of death is 06:48 in the morning. It clearly notes CPR was started and was stopped after an EMT detected rigor in the jaw. That means her death did not happen at 10:00 PM. A wrongful death lawsuit requires actual evidence not just wishful thinking.

Nina did admit she was at the house on Wednesday evening but there is no evidence that she or anybody else entered the residence or was there at the time of RZ's death on Thursday @ 06:48

JMO

 

[screecher]

So sorry to disapoint you, but this case will never make it to trial.

Considering how this case was investigated from zero hour, perhaps you are correct.

You must have inside information to make that statement, do spill.

Nope screecher, no need for inside information to figure that one out. All you have to do is read the Zahaus' convoluted and impossible claims and compare them to the through investigation that proved Rebecca Zahau took her own life to know that the case will never see a courtroom.

http://sdsheriff.net/coronado

BBM

Hmmm. If you have no 'insider' info, nor a link, perhaps the post should begin or end with 'imo, jmo', otherwise it reads as fact.
What a disappointment. Thought maybe we had some new info. Drats.

 

[MyBelle]

If investigations only took into account the actual TOD only, we would have some pretty sketchy investigations and outcomes. I think we all know that the hours leading up to a TOD are critical indeed. Unless a contrarian position is advanced just to be contrarian. LOL

I'm only interested in facts. Wrongful death lawsuits ALWAYS take into account the time of death. There must be real evidence presented that the defendant was the proximate cause of the death. RZ didn't die on Wednesday, July 12. Insisting Nina and Dina must prove their whereabouts on the day BEFORE RZ died isn't going to impress a Judge and is why this case will get thrown out.

JMO

 

[MyBelle]

BBM

Hmmm. If you have no 'insider' info, nor a link, perhaps the post should begin or end with 'imo, jmo', otherwise it reads as fact.
What a disappointment. Thought maybe we had some new info. Drats.

Actually, the links to the court documents, including the ME's investigative report, are all up thread. I think the poster makes it clear it is her opinion based on her own reading and comprehension skills. I've had several attorneys comment on how ridiculous this lawsuit is and they, too, have predicted the plaintiffs will not prevail.

JMO

 

[LuckyLucy2]

BBM

Hmmm. If you have no 'insider' info, nor a link, perhaps the post should begin or end with 'imo, jmo', otherwise it reads as fact.
What a disappointment. Thought maybe we had some new info. Drats.

.

I was responding to you, screecher, who wrote that you couldn't wait to meet me at trial, but you did not say you were an insider and did not include a link that showed there would be a trial. Should I ask you for a link and if you are an insider?

 

[justice be served]

That's your spin, not mine. The only time in question for me is the time surrounding RZ's death which is noted on the ME's report to be 6:48 AM.

JMO

BBM. Detail below to expand your thinking.........

The time of death on the autopsy report that indicates 6:48 a.m. coincides with the 911 call Adam made to report the death. That in no way indicates that Rebecca actually died at 6:48 a.m. They are “calling” it at that time is all. In fact, Adam indicates he found her at 6:30 a.m. and she was clearly dead at that point.

Rigor mortis was present in her jaw, when paramedics arrived in short order. And this definition of rigor mortis means she died at least 3 hours prior if not more:

Rigor mortis - commences after about 3 hours, reaches maximum stiffness after 12 hours, and gradually dissipates until approximately 72 hours (3 days) after death.

Rebecca did not die at 6:48 a.m. It could have been as much as 12 hours prior.

Since Rebecca was found by Adam at 6:30 a.m., the arrival of the medical examiner was 12 hours, 45 minutes after Adam found her dead. Rebecca was lying all day in the sun with no cover over her. To think that an initial examination by the medical examiner 12 hours and 45 minutes after finding her dead is going to be accurate is simply absurd as well.

But, to your point, yes, she was called as dead at 6:48 a.m. but could have been dead as much as 12 hours earlier. That 12 hours computes to 6:30 p.m. the night before. The night that both twins were at the Spreckles mansion. One by admission (Nina) and one by witness account (Dina).

And the Zahaus have the right to know the whereabouts of the defendants from that point forward because Rebecca could have been killed from 6:30 p.m. onward the night before. Let's not confuse the issue and keep the forum on track.

 

[screecher]

So sorry to disapoint you, but this case will never make it to trial.

Considering how this case was investigated from zero hour, perhaps you are correct.

You must have inside information to make that statement, do spill.

.

I was responding to you, screecher, who wrote that you couldn't wait to meet me at trial, but you did not say you were an insider and did not include a link that showed there would be a trial. Should I ask you for a link and if you are an insider?

Hey LuLu. As far as we all know, today, there will be a trial, I believe it is already marked on the court's calendar, no? No one needs to be an 'insider' to know that fact and K_Z has very graciously provided said date in this very thread, no? Also a fact. So no need to ask me for a link, right?

However, your post "...this case will never make it to trial." is written as fact. As though you have insider info. Like you know is fact.

Disappointed, is all, was thinking you really, really, actually knew something. Drats.

 

[justice be served]

I'm only interested in facts. Wrongful death lawsuits ALWAYS take into account the time of death. There must be real evidence presented that the defendant was the proximate cause of the death. RZ didn't die on Wednesday, July 12. Insisting Nina and Dina must prove their whereabouts on the day BEFORE RZ died isn't going to impress a Judge and is why this case will get thrown out.

JMO

Note my post above on time of death. There is no question that the defendants will need to prove their whereabouts prior to when Adam called to report Rebecca's death and to suggest otherwise is simply an attempt to derail the thread.

 

[LuckyLucy2]

Snipped.

Rebecca did not die at 6:48 a.m. It could have been as much as 12 hours prior.

Rebecca's death could not have taken place "tweleve hours before she was found". The Medical Examiner's report estimates the time of Rebecca's death by suicide at between 1 a.m and 3 a.m on the morning of July 13th.


http://sdsheriff.net/coronado/


In their implausible accusations, the Zahaus' accuse Dina and Nina of being at the mansion a little after 10 p.m on the night of the tweleth.

Nothing before that time is relevant to this case.

 

[LuckyLucy2]

Hey LuLu. As far as we all know, today, there will be a trial, I believe it is already marked on the court's calendar, no? No one needs to be an 'insider' to know that fact and K_Z has very graciously provided said date in this very thread, no? Also a fact. So no need to ask me for a link, right?

However, your post "...this case will never make it to trial." is written as fact. As though you have insider info. Like you know is fact.

Disappointed, is all, was thinking you really, really, actually knew something. Drats.

You are wrong again. There has been no trial date set. This is what currently shows on the court docket:

07/17/2015 01:30 PM C-69 Discovery Hearing
07/17/2015 01:30 PM C-69 Civil Case Management Conference - Complaint
09/04/2015 01:30 PM C-69 Motion Hearing (Civil)
10/09/2015 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
11/06/2015 01:30 PM C-69 Discovery Hearing
11/06/2015 01:30 PM C-69 Discovery Hearing
11/06/2015 01:30 PM C-69 Discovery Hearing
02/19/2016 01:30 PM C-69 Discovery Hearing
02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike
02/19/2016 01:30 PM C-69 Demurrer / Motion to Strike

The Demurrers recently filed by Nina (and posted by KZ) also clearly state that no court date has been set on the very first page:

Trial date: None