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

[*Lash*]

A snip from an article that did not get scrubbed and a snip from an article discussing the changes in media coverage after JS hired his "small army". -

Bremner said Zahau was not alone in the mansion when Max had his accident. She said that two of the child’s teenage siblings were present as well and that Zahau was in the shower at the time of the accident. Max’s mother and Jonah Shacknai were divorced, and Zahau had recently divorced as well.

Bremner said investigators told her that the child had been conducting a trick known as “planking,” or lying horizontally in unusual locations, around the staircase when he fell. Planking is a fad popularized with photographs and videos online.

http://www.expertbriefings.com/news/dead-ceo-girlfriend-death-ruled-suicide


Media coverage has changed: A source close to the case told BNET that Rebecca told her family she believed Max, Shacknai's 6-year-old son, may have been "planking" on a stair rail before he suffered a fatal fall two days before she died. (Planking is a fad in which people photograph themselves lying face down in unusual locations.) USA Today initially published a story that included the planking reference, but that word was removed from later editions, as these images of Google's cache of two older versions of the story show:

http://www.cbsnews.com/news/ceo-sha...gainst-speculation-on-death-of-his-girlfriend

 

[LuckyLucy2]

Ann Bremner was merely repeating the rumors circulating on the Coronado Patch. The articles you speak of weren't "scrubbed" - its just that Ann Bremner quit saying such untrue trash after Jonah Shacknai threatened her with a lawsuit.

An attorney for pharmaceutical tycoon Jonah Shacknai is threatening to sue the lawyer representing the family of Rebecca Zahau for making statements he says are false, irresponsible and damaging to Shacknai’s personal and business reputation.

http://www.sandiegouniontribune.com...shacknai-attorney-warns-zahau-family-lawyer-/


As I recall, Rebecca took XZ to a Medical Clinic. Do you have a link to show that an Officer accompanied them? TIA.

 

[LuckyLucy2]

Here is the full letter that Dan Webb, the attoney that Jonah's retained, had to send to Ann Bremner. It is dated Sept. 6, 2011. BBM.

Dear Ms. Bremner,

I am an attorney for Jonah Shacknai, retained by him to address false public statements you have made, which have the effect of severely damaging Mr. Shacknai’s personal and business reputations. Over the past several days, you have made a series of inaccurate and utterly unsupported statements about the facts surrounding the tragic deaths of Max Shacknai and Rebecca Zahau. However, what is most concerning are recent false public statements you have made that Mr. Shacknai, because of his business success, has somehow improperly influenced the investigations and conclusions of four different, and, independent California law enforcement agencies. You have further made public comments that these agencies have applied a different standard in conducting their investigations because of Mr. Shacknai’s wealth. You have absolutely no facts to support these false and irresponsible statements, and you are fully aware that such facts do not exist. Please know that your false public statements constitute defamation, per se, and under law, entitle Mr. Shacknai to recover from you, and your law firm, substantial damages.

Moreover, your statements and actions are highly insensitive on a human level. Mr. Shacknai and his family have suffered two tragic losses under the harsh and unkind glare of a national media frenzy you have now helped sustain. It is ironic that Mr. Shacknai went through the entire law enforcement investigation, at all times cooperating completely with several police authorities, and never once considered retaining an attorney. It is only now, after authorities have announced the conclusions of their comprehensive investigations, that Mr. Shacknai finds it necessary to consult with me because of the false and irresponsible public statements you are making, harming his personal and business reputations. Importantly, throughout the investigation, Mr. Shacknai was not advancing any particular outcome regarding Rebecca Zahau’s cause of death, because he had absolutely no knowledge of what happened the night she died.

It is not, in any way, the intent of this communication to advocate that your clients accept the results of the investigation. They are, of course, entitled to their point of view regarding this matter. Nevertheless, you must cease and desist from making any further false public statements about Mr. Shacknai. I appreciate your immediate attention to the seriousness of this matter.

Dan K. Webb

http://www.sandiegouniontribune.com...shacknai-attorney-warns-zahau-family-lawyer-/


Anne Bremner sure did shut her trap about planking and Jonah's other children being there after this letter, didn't she? Why? Because it was not true.

 

[*Lash*]

BBM, Respectfully snipped for context-

As I recall, Rebecca took XZ to a Medical Clinic. Do you have a link to show that an Officer accompanied them? TIA.

Yes ma'am and you're welcome !

Later, the police returned to Shacknai’s mansion and took Rebecca and Xena to a clinic. “The 13-year-old insisted on cleaning up the broken glass and cut herself,” says Sheriff Gore. Xena required four stitches. Afterward, the police drove Rebecca to the emergency room to see Max.

https://web.archive.org/web/2011091...-really-happened-in-the-coronado-mansion.html

 

[kittychi]

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.

Except it is only Adam's word that claims she was "hanging." Since the autopsies were not consistent with a hanging death, it doesn't seem that we can assume she actually was hanging.

 

[kittychi]

A snip from an article that did not get scrubbed and a snip from an article discussing the changes in media coverage after JS hired his "small army". -

Bremner said Zahau was not alone in the mansion when Max had his accident. She said that two of the child’s teenage siblings were present as well and that Zahau was in the shower at the time of the accident. Max’s mother and Jonah Shacknai were divorced, and Zahau had recently divorced as well.

Bremner said investigators told her that the child had been conducting a trick known as “planking,” or lying horizontally in unusual locations, around the staircase when he fell. Planking is a fad popularized with photographs and videos online.

http://www.expertbriefings.com/news/dead-ceo-girlfriend-death-ruled-suicide


Media coverage has changed: A source close to the case told BNET that Rebecca told her family she believed Max, Shacknai's 6-year-old son, may have been "planking" on a stair rail before he suffered a fatal fall two days before she died. (Planking is a fad in which people photograph themselves lying face down in unusual locations.) USA Today initially published a story that included the planking reference, but that word was removed from later editions, as these images of Google's cache of two older versions of the story show:

http://www.cbsnews.com/news/ceo-sha...gainst-speculation-on-death-of-his-girlfriend

I have always believe that planking was very possibly what caused Max's accident. We never did hear what was on those cameras that were taken into evidence, did we?

 

[MyBelle]

Here is the full letter that Dan Webb, the attoney that Jonah's retained, had to send to Ann Bremner. It is dated Sept. 6, 2011. BBM.




http://www.sandiegouniontribune.com...shacknai-attorney-warns-zahau-family-lawyer-/


Anne Bremner sure did shut her trap about planking and Jonah's other children being there after this letter, didn't she? Why? Because it was not true.

Is it known when Bremner stopped representing the Z family? I don't recall her ever being a part of this case. Thanks!

 

[LuckyLucy2]

Except it is only Adam's word that claims she was "hanging." Since the autopsies were not consistent with a hanging death, it doesn't seem that we can assume she actually was hanging.

Dr. Lucas, the Medical Examiner that conducted the official autopsy disagrees with you. He noted her injuries were quite consistant with her hanging.

 

[LuckyLucy2]

Is it known when Bremner stopped representing the Z family? I don't recall her ever being a part of this case. Thanks!

Anne Bremner, sensational media queen, was contacted by Mary Zahau almost immediately after the incidents, and IMO, directed Mary Zahau to speak to the media on 7\19\11 to say "she would never believe it was a suicide."

Anne acted despicably and spread many rumors she knew were false, IMO. She was on Dr Phil with the Zahaus for all three episodes she did. She is the one that hired Wecht and is best friends with Ann Rule, who wrote the biased story on the Mansion tragedies.

She represented the family until, as I believe, she realized she would never be able to bring a case against anyone. She quit the case and the Zahaus after a year, and now works for a firm in Seattle. IMO, she would have never quit the case if there was any truth to the Zahaus' claims and a chance for her to get more media face-time and a big settlement check. She's a smart, (but unscrupulous) woman, and knew all along Zahau committed suicide, IMO. Yet she still tormented the grieving family of a little 6-year old. I found her actions disgusting.

JMO

Anne Bremner, PC was established in 2012 allowing Anne to focus on her litigation, criminal law and legal analyst work. She also serves as Special Counsel to Frey Buck, a Seattle law firm

http://annebremner.com/about.html


Martin Rudoy, the 2nd of the four attorneys the Zahaus' have had, replaced Ms. Bremner.

 

[AZlawyer]

Except it is only Adam's word that claims she was "hanging." Since the autopsies were not consistent with a hanging death, it doesn't seem that we can assume she actually was hanging.

I didn't realize the "hanging" part was controversial, sorry. I was just distinguishing between facts and opinions.

Dr. Lucas, the Medical Examiner that conducted the official autopsy disagrees with you. He noted her injuries were quite consistant with her hanging.

View attachment 77390

Thanks for the attachment. So I assume the revised death certificate (which we haven't seen as far as I know) would have properly listed "hanging" as the cause of death. That is, indeed, the kind of thing that could be introduced as prima facie evidence in court of the fact that she died from hanging. Of course, prima facie evidence can be controverted with other evidence, if there is any.

The manner of death being "suicide" is an opinion that would be excluded as hearsay unless the defendants can get the ME's employer to authorize him to testify. But I'm sure they can get another expert to defend the suicide conclusion.

 

[MyBelle]

Anne Bremner, sensational media queen, was contacted by Mary Zahau almost immediately after the incidents, and IMO, directed Mary Zahau to speak to the media on 7\19\11 to say "she would never believe it was a suicide."

Anne acted despicably and spread many rumors she knew were false, IMO. She was on Dr Phil with the Zahaus for all three episodes she did. She is the one that hired Wecht and is best friends with Ann Rule, who wrote the biased story on the Mansion tragedies.

She represented the family until, as I believe, she realized she would never be able to bring a case against anyone. She quit the case and the Zahaus after a year, and now works for a firm in Seattle. IMO, she would have never quit the case if there was any truth to the Zahaus' claims and a chance for her to get more media face-time and a big settlement check. She's a smart, (but unscrupulous) woman, and knew all along Zahau committed suicide, IMO. Yet she still tormented the grieving family of a little 6-year old. I found her actions disgusting.

JMO



http://annebremner.com/about.html


Martin Rudoy, the 2nd of the four attorneys the Zahaus' have had, replaced Ms. Bremner.

Thanks for the info. I agree, her actions were tasteless. I think that is what attracted me to follow this case. It seemed that Ms. Bremner entertained the false hope that JS would dip into his pockets and pay the family and her to shut them up and instead, he had one of Chicago's top lawyers send her a cease and desist letter. Bravo to him.

Last week I was up late caring for my ill grandbaby and I discovered my daughter is a fan of Dr. Phil. I pulled up a DVR program that is very similar to this case except that the family does accept the ME's determination of suicide and it is complete strangers insisting it is murder.

The program featured the mother of a young girl named Becca, a victim of bullying who had committed suicide by leaping from a tall tower. A complete stranger, also named Rebecca, had taken it upon herself to launch a facebook campaign that accuses the older sister and the mother of Becca's murder.

The woman was on the show and her excuse was that she just wanted "justice" for the child. Her accusations and harassing behavior toward a clearly grieving family were disgusting and the audience let her know. The mother's attorney was on stage and remained totally silent. I'm betting a lawsuit for slander will be filed. Dr. Phil ended the program by announcing a generous donation to the family's foundation dedicated to stopping bullying.

JMO

 

[MyBelle]

I didn't realize the "hanging" part was controversial, sorry. I was just distinguishing between facts and opinions.



Thanks for the attachment. So I assume the revised death certificate (which we haven't seen as far as I know) would have properly listed "hanging" as the cause of death. That is, indeed, the kind of thing that could be introduced as prima facie evidence in court of the fact that she died from hanging. Of course, prima facie evidence can be controverted with other evidence, if there is any.

The manner of death being "suicide" is an opinion that would be excluded as hearsay unless the defendants can get the ME's employer to authorize him to testify. But I'm sure they can get another expert to defend the suicide conclusion.

Now I'm really confused because I thought both cause and manner of death were based on expert opinion. I also thought hanging was listed as cause of death and it was Dr. Wecht's opinion her injuries weren't extensive enough to be from hanging?

Really confusing information but I also doubt the ME's employer will have any problem allowing testimony because they have been so publicly criticized as being wrong.

JMO

 

[*Lash*]

Ann Bremner was merely repeating the rumors circulating on the Coronado Patch. The articles you speak of weren't "scrubbed" - its just that Ann Bremner quit saying such untrue trash after Jonah Shacknai threatened her with a lawsuit.

http://www.sandiegouniontribune.com...shacknai-attorney-warns-zahau-family-lawyer-/

As I recall, Rebecca took XZ to a Medical Clinic. Do you have a link to show that an Officer accompanied them? TIA.

Hi LuckyLucy2 :wave:

RBBM - Do you have a link to show Bremner was merely repeating rumors circulating from the Coronado Patch? TIA

 

[*Lash*]

Anne Bremner, sensational media queen, was contacted by Mary Zahau almost immediately after the incidents, and IMO, directed Mary Zahau to speak to the media on 7\19\11 to say "she would never believe it was a suicide."

Anne acted despicably and spread many rumors she knew were false, IMO. She was on Dr Phil with the Zahaus for all three episodes she did. She is the one that hired Wecht and is best friends with Ann Rule, who wrote the biased story on the Mansion tragedies.

She represented the family until, as I believe, she realized she would never be able to bring a case against anyone. She quit the case and the Zahaus after a year, and now works for a firm in Seattle. IMO, she would have never quit the case if there was any truth to the Zahaus' claims and a chance for her to get more media face-time and a big settlement check. She's a smart, (but unscrupulous) woman, and knew all along Zahau committed suicide, IMO. Yet she still tormented the grieving family of a little 6-year old. I found her actions disgusting.

JMO



http://annebremner.com/about.html


Martin Rudoy, the 2nd of the four attorneys the Zahaus' have had, replaced Ms. Bremner.

Hi again, I dont recall how the Z's came in contact with Bremner. Do you have a link stating Mary contacted Bremner? TIA

 

[LuckyLucy2]

Hi LuckyLucy2 :wave:

RBBM - Do you have a link to show Bremner was merely repeating rumors circulating from the Coronado Patch? TIA

No, but I was following tha comments in the Patch from the first day the story came out, and there were certain posters that started those rumors, and contacted the Zahaus and they passed the rumors on Anne Bremner. That is how it got started.

IMO, those posters did nothing but add to the Zahaus' trauma and the grief of Max's family.

BTW, I meant to follow my post with JMO, but you can go back and read those articles and comments- if you printed them out like I did. They are no longer on the site. Maybe someone linked PDFs here?

JMO! :blushing:

 

[MyBelle]

No, but I was following tha comments in the Patch from the first day the story came out, and there were certain posters that started those rumors, and contacted the Zahaus and they passed the rumors on Anne Bremner. That is how it got started.

IMO, those posters did nothing but add to the Zahaus' trauma and the grief of Max's family.

BTW, I meant to follow my post with JMO, but you can go back and read those articles and comments- if you printed them out like I did. They are no longer on the site. Maybe someone linked PDFs here?

JMO! :blushing:

I think if it was untrue it doesn't matter who started it or where. That site probably has mods to remove trollish comments just as this one does.

JMO

 

[*Lash*]

Federal Document 72 - Case No. 13-CV-1624-W-NLS

•JOINT CASE MANAGEMENT STATEMENT AND RULE 26(f) REPORT

Highlights:

4. MOTIONS

b. Anticipated Motions

Plaintiffs will be filing a motion to dismiss the Complaint and proceed solely on the complaint filed in state court. If this Court does not grant Plaintiffs’ anticipated motion to dismiss this case, all parties anticipate they will likely file motions in limine. Defendants anticipate that they will likely seek summary judgment or partial summary judgment.



8. DISCOVERY

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
XZ 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


12. SETTLEMENT AND MEDIATION
The parties initially discussed settlement in their Early Neutral Evaluation Conference held on December 9, 2014 and did not reach settlement. The parties have come to the conclusion that no ADR process is likely to deliver benefits sufficient to justify the resources committed to its use, and this case should be exempted from participating in any ADR process.


https://www.pacer.gov

 

[Betty P]

Federal Document 72 - Case No. 13-CV-1624-W-NLS

•JOINT CASE MANAGEMENT STATEMENT AND RULE 26(f) REPORT

Highlights:

4. MOTIONS

b. Anticipated Motions

Plaintiffs will be filing a motion to dismiss the Complaint and proceed solely on the complaint filed in state court. If this Court does not grant Plaintiffs’ anticipated motion to dismiss this case, all parties anticipate they will likely file motions in limine. Defendants anticipate that they will likely seek summary judgment or partial summary judgment.



8. DISCOVERY

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
XZ 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


12. SETTLEMENT AND MEDIATION
The parties initially discussed settlement in their Early Neutral Evaluation Conference held on December 9, 2014 and did not reach settlement. The parties have come to the conclusion that no ADR process is likely to deliver benefits sufficient to justify the resources committed to its use, and this case should be exempted from participating in any ADR process.


https://www.pacer.gov

So, it sounds as though whatever Adam was offering wasn't sufficient for the Zahau's to settle. Also, the Zahau family has decided to dismiss the federal complaint and stay with the state court. I can't recall, but wasn't there some mention of the defendants using the federal complaint in some way to harm the plaintiff's case?

The list of those deposed to date is interesting for who isn't on the list, namely the Romano sisters, Jonah Schacknai, Paul Pfingst, Dina Romano's boyfriend, Nina Romano's son, to name a few.

The list of written deposition requests is interesting as well.

ETA: Are lists of those requested to be deposed also made public in Cali? As always, IANAL, JMO.

ETA2: The last 5 people on the list are lab technicians/criminalists who work for the county of San Diego. Brian Patterson is the SDSO Detective who suddenly changed his opinion from suspicious death to suicide. He's also the one who claimed the words painted on the door were a "farewell note", then used that as an excuse to keep the words and photo of the writing from the public. IIRC, it wasn't until Ann Rule's book came out that the public had its first view of the door and message.

http://latimesblogs.latimes.com/lan...sion-deaths-rebecca-zahau-jonah-shacknai.html

But San Diego County Sheriff's Det. Brian Patterson quickly changed his mind about Rebecca Zahau's death once he had the legal authority to search the mansion.

In the application for the warrant, Patterson said he suspected Zahau had been murdered because her legs and feet had been tied.

...

Inside the mansion, investigators found Zahau's journal and discovered that she had painted a kind of farewell note on the wall of her bedroom. Later, forensic evidence found only her DNA on the rope around her neck.
Also, Shacknai's brother, Adam, who found Zahau's body, voluntarily took a polygraph exam soon after her death. Although the examiner said the tests were inconclusive, she also said that she felt he was telling the truth when he denied any involvement in the death, according to the warrants.

Looking back it seems so unusual that this detective decided to rule suicide as COD because of the bizarre note painted on the door, so called lack of other DNA on the rope and Adam's inconclusive polygraph. JMO

 

[justice be served]

Federal Document 72 - Case No. 13-CV-1624-W-NLS


12. SETTLEMENT AND MEDIATION
The parties initially discussed settlement in their Early Neutral Evaluation Conference held on December 9, 2014 and did not reach settlement. The parties have come to the conclusion that no ADR process is likely to deliver benefits sufficient to justify the resources committed to its use, and this case should be exempted from participating in any ADR process.


https://www.pacer.gov

Snipped for focus. Moving away from the ADR process perhaps means they showed a good faith effort to comply but didn't have intentions of following through because they really desire a jury trial which is in their best interests. IMO.

 

[justice be served]

So, it sounds as though whatever Adam was offering wasn't sufficient for the Zahau's to settle. Also, the Zahau family has decided to dismiss the federal complaint and stay with the state court. I can't recall, but wasn't there some mention of the defendants using the federal complaint in some way to harm the plaintiff's case?

The list of those deposed to date is interesting for who isn't on the list, namely the Romano sisters, Jonah Schacknai, Paul Pfingst, Dina Romano's boyfriend, Nina Romano's son, to name a few.

The list of written deposition requests is interesting as well.

ETA: Are lists of those requested to be deposed also made public in Cali? As always, IANAL, JMO.

ETA2: The last 5 people on the list are lab technicians/criminalists who work for the county of San Diego. Brian Patterson is the SDSO Detective who suddenly changed his opinion from suspicious death to suicide. He's also the one who claimed the words painted on the door were a "farewell note", then used that as an excuse to keep the words and photo of the writing from the public. IIRC, it wasn't until Ann Rule's book came out that the public had its first view of the door and message.

http://latimesblogs.latimes.com/lanow/2011/09/coronado-mansion-deaths-rebecca-zahau-jonah-shacknai.html



Looking back it seems so unusual that this detective decided to rule suicide as COD because of the bizarre note painted on the door, so called lack of other DNA on the rope and Adam's inconclusive polygraph. JMO

I personally believe the discovery will find coercion strongly came into play here to find for suicide. Whether or not there is honesty coming from LE in these depositions is another story however. Sorry to feel that way about our public officials but the writing has been on the wall from the beginning. IMO.