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

[MyBelle]

Also in Nina's latest Demurrer:

The court should deem the Medical Examiner's Investigative Report (RJN, Exh. A) to require plaintiffs to plead specific facts showing an ability to overcome the recitation of facts in the Medical Examiner's report finding Rebecca Zahau s death was a suicide. Under California laws the recitation of facts in the Medical Examiner s report is prima facie evidence ln all courts and places of the facts stated therein. (Health A. Saf. Code II 103550,) Thus, plaintiffs are required to plead such facts as to show how the facts recited in the Medical Examiner's report should not be accorded the presumption of correctness and/or how additional facts surrounding Rebecca Zahau's death raise the allegations of a claimed assault/battery leading to the death of Rebecca Zahau into the realm of being plausible.

Indeed, Paragraph 32 effectively admits there is no evidence of any defendant involvement in the death of Rebecca Zahau. (SAC, p, 10:17-19;Demurrer Dina Shacknai, p. 4:4-22.) Therefore, other than rank speculation guised as allegations on information and belief, plaintiffs have not and cannot overcome the presumption of suicide and facts in the Medical Examiner's report supporting the conclusion Rebecca Zahau's death was by suicide or how the facts recited in the Medical Examiner' s report should not be accorded the presumption of correctness and/or how additional facts surrounding Rebecca Zahau's death raise the allegations of a claimed assault/battery leading to the death of Rebecca Zahau into the realm of being plausible.

BBM. It's a real shame the legal process has been abused to the extent it has been by the Plaintiff and their bumbling attorneys.

JMO

Prima facie also refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case.
http://legal-dictionary.thefreedictionary.com/prima+facie

 

[MyBelle]

Also in Nina's latest Demurrer:

The court should deem the Medical Examiner's Investigative Report (RJN, Exh. A) to require plaintiffs to plead specific facts showing an ability to overcome the recitation of facts in the Medical Examiner's report finding Rebecca Zahau s death was a suicide. Under California laws the recitation of facts in the Medical Examiner s report is prima facie evidence ln all courts and places of the facts stated therein. (Health A. Saf. Code II 103550,) Thus, plaintiffs are required to plead such facts as to show how the facts recited in the Medical Examiner's report should not be accorded the presumption of correctness and/or how additional facts surrounding Rebecca Zahau's death raise the allegations of a claimed assault/battery leading to the death of Rebecca Zahau into the realm of being plausible.

Indeed, Paragraph 32 effectively admits there is no evidence of any defendant involvement in the death of Rebecca Zahau. (SAC, p, 10:17-19;Demurrer Dina Shacknai, p. 4:4-22.) Therefore, other than rank speculation guised as allegations on information and belief, plaintiffs have not and cannot overcome the presumption of suicide and facts in the Medical Examiner's report supporting the conclusion Rebecca Zahau's death was by suicide or how the facts recited in the Medical Examiner' s report should not be accorded the presumption of correctness and/or how additional facts surrounding Rebecca Zahau's death raise the allegations of a claimed assault/battery leading to the death of Rebecca Zahau into the realm of being plausible.

103550. Any birth, fetal death, death, or marriage record that was
registered within a period of one year from the date of the event
under the provisions of this part, or any copy of the record or part
thereof, properly certified by the State Registrar, local registrar,
or county recorder, is prima facie evidence in all courts and places
of the facts stated therein.

http://law.onecle.com/california/health/103550.html

 

[BBL]

I'm curious as to why all this sudden focus on TOD? The ME stated loosely around 3am. I don't think anyone believes she expired at 6:48am. I think Mybelle alluded to the fact that if TOD is 6:48am, then nothing the day before matters. I smell a new strategy. Trying to have the entire day and evening prior to Rebecca's death seem not important and therefore not relevant to the case. So much likely happened that day. It is incredibly relevant as to where Dina was, when she was seen on the hospital tapes, what her (and Nina's) phone records show, what their credit card charges were that day, etc.. IMO, that is when the murder was planned and supplies gathered (you know, the time when Dina was MIA and not visiting her son in nicu). Of all that has gone on, the TOD stated is trivial. What is more important is the ME's estimate of when she actually died. I don't think this strategy of working backwards so that the entire day prior to her death is thrown out will work. My opinion only.

 

[AZlawyer]

I thought the ME report was only inadmissible at a criminal trial because the defense has a right to question the ME. My dad's ME report was submitted prior to trial to get two defendants dismissed as defendants and it worked.

I'm sure the ME would be more than happy to testify if this case ever gets to trial since the family has publicly accused him of being wrong.

JMO

...

[quoting from Nina's Demurrer]

Under California laws the recitation of facts in the Medical Examiner s report is prima facie evidence ln all courts and places of the facts stated therein. (Health A. Saf. Code II 103550,) Thus, plaintiffs are required to plead such facts as to show how the facts recited in the Medical Examiner's report should not be accorded the presumption of correctness and/or how additional facts surrounding Rebecca Zahau's death raise the allegations of a claimed assault/battery leading to the death of Rebecca Zahau into the realm of being plausible.
....

[respectfully snipped for space only]

103550. Any birth, fetal death, death, or marriage record that was
registered within a period of one year from the date of the event
under the provisions of this part, or any copy of the record or part
thereof, properly certified by the State Registrar, local registrar,
or county recorder, is prima facie evidence in all courts and places
of the facts stated therein.

http://law.onecle.com/california/health/103550.html

The death record is prima facie evidence. The ME report is not a "death record," except to the extent that it recites the fact of death and the date death was confirmed. In other words, the citation given in Nina's Demurrer overstated the effect of the statute.

Opinions included in the ME report are hearsay, unless the ME testifies as an expert witness, which would be rare in a civil case. In fact, it is unlikely (but possible) that the ME would be given permission by his or her employer to do so. Opinions would include, e.g., time and cause of death.

However, objective facts included in the ME report might be admitted under the business records exception to the hearsay rule. E.g., photos taken, location of bruises, broken bones, etc. I thought it was the opinions people were mostly talking about, but I haven't read every post here.

You are so right about that, MyBelle. A scream is not evidence of Rebecca Zahau being murdered.

It's circumstantial evidence, but weak circumstantial evidence.

 

[MyBelle]

I'm curious as to why all this sudden focus on TOD? The ME stated loosely around 3am. I don't think anyone believes she expired at 6:48am. I think Mybelle alluded to the fact that if TOD is 6:48am, then nothing the day before matters. I smell a new strategy. Trying to have the entire day and evening prior to Rebecca's death seem not important and therefore not relevant to the case. So much likely happened that day. It is incredibly relevant as to where Dina was, when she was seen on the hospital tapes, what her (and Nina's) phone records show, what their credit card charges were that day, etc.. IMO, that is when the murder was planned and supplies gathered (you know, the time when Dina was MIA and not visiting her son in nicu). Of all that has gone on, the TOD stated is trivial. What is more important is the ME's estimate of when she actually died. I don't think this strategy of working backwards so that the entire day prior to her death is thrown out will work. My opinion only.

What estimate are you talking about? I've seen nothing filed by the Plaintiffs that challenges the TOD on the death certificate. Thanks!

 

[BBL]

FWIW - TOD was definitely not at 6:48am or mere minutes before AS allegedly found Rebecca. A reporter at the 9/2/11 press conference asked ME Lucas about TOD.

LUCAS-
All we can do is give an estimation. Based on everything available I'd say best guess would be before three o'clock in the morning. It could be a little bit after that but I'd say she'd been dead for probably a few hours or so before she was found.

For those beating the dead horse, my comment referred to this (respectfully snipped from Lash).... Lucas estimates time of death to be before 3am. The agenda of focusing elsewhere is interesting. And telling, IMO.

 

[AZlawyer]

What estimate are you talking about? I've seen nothing filed by the Plaintiffs that challenges the TOD on the death certificate. Thanks!

Do we have a copy of the death certificate? That's what the California statute refers to as the "death record"--not the ME report. I expect it would contain the same information, but I just wondered if anyone had actually seen a copy of that document.

 

[LuckyLucy2]

[respectfully snipped for space only]

It's circumstantial evidence, but weak circumstantial evidence.

VERY weak circumstantial evidence. "If" a scream were heard, how on earth can the Zahaus' attorney make a case on that one piece of "evidence"?

1. The "ear witness" did not call the police when they supposedly heard the scream.

2. The police interviewed that person and thought what she heard came from the beach.

3. "If" it was Rebecca Zahau screaming, it could have been to let out the stress that she was under. Or a wail of crying because she was so upset about Max. Or because she knew she had just spoken to her sister for the last time. Or because Nina texted her asking if she could come over so Rebecca could show her where Max fell. There is no way to prove it wasn't just Rebecca alone, crying loudly.

4. "If" it was Rebecca Zahau screaming, it does not mean Rebecca Zahau was being murdered by Adam, with the help of Dina and Nina. That does not equate at all, and no Judge or jury will believe that, IMO.

5. And last, but not least, there is a slew of REAL, PHYSICAL evidence that Zahau was alone and took her own life.

 

[MyBelle]

Do we have a copy of the death certificate? That's what the California statute refers to as the "death record"--not the ME report. I expect it would contain the same information, but I just wondered if anyone had actually seen a copy of that document.

Wouldn't the ME also sign the death certificate? I haven't personally purchased a copy of the death certificate but the media has shown it. Dr. Wecht saw it but the only challenge he made was to manner of death, not time of death.

JMO

He suggested changing the manner of death from "suicide" to "undetermined" on Zahau's death certificate.

http://abcnews.go.com/US/coronado-mansion-death-rebecca-zahau-knocked-unconscious/story?id=14955832

 

[AZlawyer]

Wouldn't the ME also sign the death certificate? I haven't personally purchased a copy of the death certificate but the media has shown it. Dr. Wecht saw it but the only challenge he made was to manner of death, not time of death.

JMO

He suggested changing the manner of death from "suicide" to "undetermined" on Zahau's death certificate.

http://abcnews.go.com/US/coronado-mansion-death-rebecca-zahau-knocked-unconscious/story?id=14955832

K_Z linked to a declaration with the death certificate attached on this page: http://www.websleuths.com/forums/sh...-et-al-v-Shacknai-et-al&p=9969760#post9969760

It lists the date of death as "07/13/2011 FND" (FND means that was the date she was found).

It lists the cause of death as "PENDING," which suggests there should have been an amended death certificate showing a revised cause of death (presumably suicide).

 

[AZlawyer]

K_Z linked to a declaration with the death certificate attached on this page: http://www.websleuths.com/forums/sh...-et-al-v-Shacknai-et-al&p=9969760#post9969760

It lists the date of death as "07/13/2011 FND" (FND means that was the date she was found).

It lists the cause of death as "PENDING," which suggests there should have been an amended death certificate showing a revised cause of death (presumably suicide).

Just to add, the cause of death should properly be shown as "hanging" rather than "suicide." "Hanging" would be a "fact" of which the death certificate could be prima facie evidence--"suicide" would contain an implied opinion as to the perpetrator of the hanging, which would not be admissible as evidence unless the ME is testifying.

 

[kimi_SFC]

AZLawyer, your efforts to bring clarity is beyond appreciated. I can't thank you enough for taking the time to lend your professional expertise here. I find it necessary to separate fact from conjecture. And, when opinions are necessary, yours as a verified professional means more than words could ever say. :twocents:
:tyou:
:bow:
:yourock:
TRULY!


Sent from my iPhone using Tapatalk

 

[LuckyLucy2]

Besides the scream, which LE determined came from the beach, is there ANY other evidence - physical or circumstantial - that places Adam, Dina, or Nina in the courtyard or Rebecca's office? There is certainly none that I am aware of.

 

[BBL]

Besides the scream, which LE determined came from the beach, is there ANY other evidence - physical or circumstantial - that places Adam, Dina, or Nina in the courtyard or Rebecca's office? There is certainly none that I am aware of.

The didn't "determine", they guessed. In fact, they guessed that it was teens on the beach. Given the curfew, I highly doubt it was teens on the beach.

 

[Inparadise]

The didn't "determine", they guessed. In fact, they guessed that it was teens on the beach. Given the curfew, I highly doubt it was teens on the beach.

It was not teens on the beach........I have been in both houses where the "screams/cries" for help were heard. It is not possible to hear sounds from the beach at either of these properties.

And Dina would benefit from demanding info from Jonah regarding who was there when Max had his accident.......the older teens were there, but for some reason, Dina doesn't want to believe it. Lots of Coronado locals were also there.....friends of the teens........they all know what happened. For some reason, Jonah doesn't want the truth to come out about Max's death. This makes me think that perhaps Dina is afraid of Jonah? IMO of course

 

[justice be served]

It was not teens on the beach........I have been in both houses where the "screams/cries" for help were heard. It is not possible to hear sounds from the beach at either of these properties.

And Dina would benefit from demanding info from Jonah regarding who was there when Max had his accident.......the older teens were there, but for some reason, Dina doesn't want to believe it. Lots of Coronado locals were also there.....friends of the teens........they all know what happened. For some reason, Jonah doesn't want the truth to come out about Max's death. This makes me think that perhaps Dina is afraid of Jonah? IMO of course

BBM. It will all come out in the end. That information as well as more about the players themselves. IMO of course.

There are also more than a few ways to ensure silence IMO.

 

[LuckyLucy2]

It was not teens on the beach........I have been in both houses where the "screams/cries" for help were heard. It is not possible to hear sounds from the beach at either of these properties.

And Dina would benefit from demanding info from Jonah regarding who was there when Max had his accident.......the older teens were there, but for some reason, Dina doesn't want to believe it. Lots of Coronado locals were also there.....friends of the teens........they all know what happened. For some reason, Jonah doesn't want the truth to come out about Max's death. This makes me think that perhaps Dina is afraid of Jonah? IMO of course

Law enforcement thought otherwise about the scream, and felt it did, indeed, come from the beach.

Only Rebecca and Max were home when he had his accident.

It is documented in the report from the attending Emergency Medical Personnel, in Ann Rule's book (which she wrote with the information given to her by Mary Zahau and Anne Bremner, the Zahaus' 1st attorney), and confirmed by Martin Rudoy (who was at that time the Zahaus' 2nd attorney) on Tricia's web talk radio.

But that has nothing to do with the subject of this thread, which is the Civil Suit filed by the Zahaus.

Again, I ask, is there ANY other evidence that place Dina, Nina, and\or Adam in that courtyard or in that upstairs bedroom?

Or should I take the avoidance of the question to mean "there is NOT".

TIA.

 

[MyBelle]

Law enforcement thought otherwise about the scream, and felt it did, indeed, come from the beach.

Only Rebecca and Max were home when he had his accident.

It is documented in the report from the attending Emergency Medical Personnel, in Ann Rule's book (which she wrote with the information given to her by Mary Zahau and Anne Bremner, the Zahaus' 1st attorney), and confirmed by Martin Rudoy (who was at that time the Zahaus' 2nd attorney) on Tricia's web talk radio.

At the time of Max's accident, wasn't RZ's younger sister present? I thought she was and it is why I've always thought a criminal investigation is going to happen once this lawsuit goes away. She should be an adult by now and can be interrogated. Please correct me if I'm wrong. Thanks!

 

[LuckyLucy2]

At the time of Max's accident, wasn't RZ's younger sister present at the time? I thought she was and it is why I've always thought a criminal investigation is going to happen once this lawsuit goes away. She should be an adult by now and can be interrogated. Please correct me if I'm wrong. Thanks!

Yes, you are correct. The sister arrived on Sunday afternoon, and Max was found unconscious in the foyer Monday morning about 10 a.m. Rebecca and her sister went in a police car to give a report, then to the ER. Later that day Rebecca took XZ to get stitches from an injury she got from cleaning up glass from the chandelier (I still find it hinky Max had no cuts). On Tuesday, they went shopping, then Rebecca took her to the airport around 1 pm and flew her home to Mary Zahau. XZ is now sixteen - going on seventeen - and will be an adult soon. IIRC.

 

[*Lash*]

Yes, you are correct. The sister arrived on Sunday afternoon, and Max was found unconscious in the foyer Monday morning about 10 a.m. Rebecca and her sister went in a police car to give a report, then to the ER. Later that day Rebecca took XZ to get stitches from an injury she got from cleaning up glass from the chandelier (I still find it hinky Max had no cuts). On Tuesday, they went shopping, then Rebecca took her to the airport around 1 pm and flew her home to Mary Zahau. XZ is now sixteen - going on seventeen - and will be an adult soon. IIRC.

Just to clarify. A LE officer drove Rebecca and XZ to the urgent care center.