Wrongful Death Suit filed Nov. 13, 2013 in California

[kittychi]

L

One of the things I keep coming back to is that this is a civil lawsuit, not a criminal trial. That means the jury (and hopefully this survives long enough to make it in front of a jury) is charged with determining "a preponderance of the evidence", not "beyond a reasonable doubt." And the only thing at stake is money. (And the collateral damage to one's reputation and psychological state for being found responsible for someone's wrongful death.)

At least one of the named defendants, Dina, has a reputation for being quite wealthy from her divorce settlement, one defendant, Nina, does not appear to have a great deal of wealth, and Adam has a rather ordinary occupation (tugboat operator), with a very wealthy brother-- who is not named in the lawsuit, but will undoubtedly be a witness.

So one of the questions you have to ask yourself is, who in this cast of characters stands to lose the most? Who wants this out of the media the most? How hard will the defendants push to settle all of this before it sees a court room? IMO, the one who likely wants this to go away the most is Jonah-- not one of the defendants. So then it becomes interesting to contemplate how that might shake out, or what Jonah might do if he wants this to conclude quickly.

Of course, there will be multiple requests by the attorneys of the defendants to dismiss the case-- the first of which we will probably see after the first depositions.

But the really interesting thing to think about is how the public has reacted over the past 3 years to the finding of suicide. Overwhelmingly, people don't buy it. The vast, vast majority of people who have weighed in all over the web since the story broke, don't buy it. And the jury will come from the general public. Only a very, very tiny amount of people--a handful, really, have felt strongly enough about the suicide finding to chase around posting their support on comment boards. I think that shows pretty clearly how a jury might see the situation, too.

IMO, the public is not evenly divided over the possibilities of murder vs suicide. IMO, an overwhelming number of the public feel the circumstances more strongly support murder, than suicide. And while Kim Schumann is arguably a really great lawyer (Dina's attorney), that's a big hurdle to overcome if this case survives to be put in front of a jury. IMO.

Lots of fruit for thought, K_Z.

BBM1: IMO the investigation itself went south because JS needed it to go away. IMO there has always been something very fishy since Day 1 when police first stated that Rebecca died a very violent death. 12 hours later Rebecca's body still laid out on the lawn and the next day the suicide trial balloon was floated. IMO there is the appearance that the "investigation" was over right then and that "press conference" was delayed for almost two months to make it look like there was a thorough investigation.

BBM 2: That group of people who claim that the police were right about the suicide finding also claim that the police were wrong about Max's death being an accident.

My humble opinion is that, from Day 1, this became a case of white men whitewashing and substantially minimizing the death of an Asian woman.

 

[kittychi]

Wow! Thank you, Zinn, for finding that!

Now isn't that interesting? that's only 9 hours after Max's accident.

But even more significant, it's only about 4 hours after Dina arrived at the hospital.

A jury is sure to find that very interesting as to state of mind and motive for revenge, IMO. Four hours. And Rebecca would only be alive for another day, at that point in time. Mere hours.

I just don't think anyone is going to be able to make a credible, persuasive argument to a jury that Rebecca knew Max was going to die 40 hours after the accident, but Dina, the child's own mother, wasn't told until after Rebecca's death, later in the week.

Remember Dinas's re-telling of those hours in the Phoenix Magazine article?



http://www.phoenixmag.com/Valley-News/boy-interrupted.html

The detectives weren't just intimating foul play. And they weren't intimating that Max was a victim of foul play, IMO. They were clearly investigating Dina for a revenge motive for killing Rebecca, or knowing who did, IMO.

IMO, those police detectives, several of them, according to this, could also be called as witnesses, by either side. After all, they interviewed Dina personally in the hours after Rebecca's death. Their reports will also be available as evidence. I wonder which side will call them?

And we should also remember, Dina is the one who states she asked Nina to go and "talk to" (confront, IMO) Rebecca:



So many very interesting details from this case. IMO, Kim Schumann will need to do everything in his power, every bit of lawyering and maneuvering he can do, to keep Dina off the stand, and not in front of a jury. While I do think a jury would be very, very sympathetic to her wrenching loss, it won't be much of a stretch, IMO, for a jury to see a grief/ revenge motive here.

Interesting to note there, K_Z, that it was the Coronado detectives who were questioning Dina, before the case was turned over to the SDSO. I would wager a lot that Dina was never questioned again.

 

[Inparadise]

IIRC, Clairisse posted around 8 pm on that Monday that Max was brain dead and was not going to make it. I am pretty sure that I have copies of her posts........then she started back-peddling a few days later about how he would miss some school, but be just fine by Christmas.

 

[screecher]

^ she posted he'd be fine after Rebecca was murdered, yes? And after her original post of Maxie being brain-dead had been deleted, IIRC.

 

[K_Z]

A question for Inparadise, our verified insider. I'm curious about how this case is being received among locals.

What is your sense or impression about locals knowing about the civil case proceeding forward? Do they have a general idea it was stalled, but is now going forward?

Is this a "dead" story, or are people aware of it?

If there is an awareness, what is the general feeling of those you know about how the case will proceed or turn out?

Do locals think it will be dismissed? Settle? Go to a jury for verdict?

What do the locals think about the named defendants, and whether they are wrongly named, or correctly identified in this civil lawsuit?

Thanks for any insider information as to these questions!

 

[K_Z]

Interesting to note there, K_Z, that it was the Coronado detectives who were questioning Dina, before the case was turned over to the SDSO. I would wager a lot that Dina was never questioned again.

IIRC, in an interview Nina divulged that she was required to provide DNA samples and hair samples. So, the investigation was more thorough than just a bit of interviewing in a private home.

Mixed DNA was found "all over" the death scene, but some evidence was not tested. And DNA samples from Dina and Jonah were NOT collected. A jury might find that interesting-- even compelling, IMO.

http://www.760kfmb.com/story/16068012/mixed-dna-all-over-zahau-death-scene-some-evidence-not-tested

"We have mixed DNA in this case all over, in things like the knife, the bed frame, black gloves," said Bremner on the syndicated television talk show. "Mixed DNA unexplained as to who these other donors are."

"It's a case that just cries out for answers and investigation. We have mixed DNA in her fingernails," the Seattle-based attorney said.

Because the amount of mixed DNA recovered was so minuscule, San Diego County Sheriff Bill Gore said it was unnecessary to collect DNA samples from Zahau's boyfriend, Arizona tycoon Jonah Shacknai, or Jonah's ex-wife, Dina Shacknai.

 

[*Lash*]

IIRC, Clairisse posted around 8 pm on that Monday that Max was brain dead and was not going to make it. I am pretty sure that I have copies of her posts........then she started back-peddling a few days later about how he would miss some school, but be just fine by Christmas.

Thanks IP and Zinn! I have a screenshot saved and just looked back. I can also confirm the posts were in the 8 o'clock range Monday the 11th.

 

[Inparadise]

A question for Inparadise, our verified insider. I'm curious about how this case is being received among locals.

What is your sense or impression about locals knowing about the civil case proceeding forward? Do they have a general idea it was stalled, but is now going forward?

Is this a "dead" story, or are people aware of it?

If there is an awareness, what is the general feeling of those you know about how the case will proceed or turn out?

Do locals think it will be dismissed? Settle? Go to a jury for verdict?

What do the locals think about the named defendants, and whether they are wrongly named, or correctly identified in this civil lawsuit?

Thanks for any insider information as to these questions!

This is far from a "dead" story: folks from both San Diego and Paradise Valley are very aware of this case......most think it will go for a jury verdict, and that the cause of Rebecca's death will be changed, with a follow-on criminal case to be opened up.

 

[Sharyne]

have
verb

past tense: had; past participle: had
1. possess, own, or hold.
"he had a new car and a boat"
possess, own, be in possession of, be the owner of;

2. experience; undergo.
"I went to a few parties and had a good time"

English wasn't Rebecca's first language, was it? I've always heard that English is the hardest language to learn because of slang or words spelled the same but sound different and also have different meanings, I'm sure phrases cause that same problem.

 

[Ausgirl]

When expressing obligation, the past of must and have to is always had to:
I had to wash my car yesterday .
We had to go to bed at 8 o’clock when we were kids.

http://speakspeak.com/resources/english-grammar-rules/modal-verbs/must-have-to

Inparadise, good to hear local people are still questioning and keeping interest in the case. It really needs the spotlight kept on it, for several good reasons.

 

[kittychi]

This is far from a "dead" story: folks from both San Diego and Paradise Valley are very aware of this case......most think it will go for a jury verdict, and that the cause of Rebecca's death will be changed, with a follow-on criminal case to be opened up.

Thank you so much, IP, great to hear from you.

BBM: And the elephant in the room will be the question: "why was it handled this way?"

 

[K_Z]

This is far from a "dead" story: folks from both San Diego and Paradise Valley are very aware of this case......most think it will go for a jury verdict, and that the cause of Rebecca's death will be changed, with a follow-on criminal case to be opened up.

Thanks, IP. I hope you'll keep us updated on what you're hearing, people's impressions, etc, as this moves along.

I'm just so glad that the Zahau family has this chance to begin to right some of these terrible wrongs they have suffered.The attacks on this family, and on this woman dead in her grave, have been so incredibly vicious, IMO. I really hope this survives to be put in front of a jury. It's only fair, given what this family has endured. I admire how the Zahau family has conducted themselves. They deserve their chance in court, IMO.

 

[Gilgamesh]

I've thought for a long time that if I were a defending attorney, I would post here as someone from the opposing side. I'd present many situations ( for the defendent(s)) and find out what opposing posters said about them. Then I would prepare my case.

 

[screecher]

So...depositions are in their 3rd week?

When they are finished, does the judge decide to dismiss/move forward, if moving forward will defendants offer a settlement?

hmmm...wonder if the Niles husband and wife (family living above garage) will/have be/been deposed.

 

[Inparadise]

So...depositions are in their 3rd week?

When they are finished, does the judge decide to dismiss/move forward, if moving forward will defendants offer a settlement?

hmmm...wonder if the Niles husband and wife (family living above garage) will/have be/been deposed.

Maybe, maybe not.......it all depends regarding the depositions. Depending upon schedules, this could drag on for a while. Usually, the Defense will file a motion for Summary Judgment.......that is what I expect next.

 

[Ausgirl]

I've thought for a long time that if I were a defending attorney, I would post here as someone from the opposing side. I'd present many situations ( for the defendent(s)) and find out what opposing posters said about them. Then I would prepare my case.

I almost hope they would. It'd save a lot of everyone's time and money if the court case was not clogged with sloppy research and incorrect assumptions regarding case details, and profoundly incorrect interpretations of the common usage of English grammar. For example.

 

[bourne]

I almost hope they would. It'd save a lot of everyone's time and money if the court case was not clogged with sloppy research and incorrect assumptions regarding case details, and profoundly incorrect interpretations of the common usage of English grammar. For example.

I agree with you. Somehow I doubt that an experienced lawyer would spend their precious (profit-earning) time coming on Websleuths to post petty comments to get a sense of how to "argue" their case in court. Maybe their interns or volunteers or young kids trying to get a rise out of opposing side may do that. But a professional lawyer? Nah. Methinks not.

 

[LuckyLucy2]

And perhaps C Keith Greer and Fredrick Gaston will post here as well. It might help the Trust and Estate lawyer and Neogotiation, Dispute Advoidance and Dispute Resolution lawyer with their fradulent case, and help them explain to the jury why the Zahaus did not pursue a criminal case.

Why would't they have brought criminal charges? I mean, they have so many detailed accusations! Down to who sat on the bed and that Adam pinched Rebecca's nipples! WHY, if they know SO MUCH would they NOT press criminal charges?

The answer my friends is $10 million dollars. THAT's what this is about. And the Shacknais and Romanos will not settle, IMO. So hope the Zahaus are in for a long, expensive ride. And I hope they are prepared to pay for the cost of Dina, Nina, and Adam defending themselves. They are going to look very foolish with all the facts come out and they hear the testimony from the ME, the 15 detectives that worked on the case, and all the technicians. And when all the DNA and fingerprint evidence comes out. They won't even have to go to the supporting circumstantial evidence like the Korean movie The HouseMaid that Rebecca copied and the telling diary entries. They have so,so much forensice evidence they won't even have to go there. Zahaus are going to look very foolish and everyone will see that they were just out for money all along. Since September 19, 2011, when Mary first started her "my sister was murdered and we're just poor immigrants" media campaign, and hired Anne Bremner.

And maybe the Shacknai Romano lawyers WILL talk about common usage of English grammer. Things like saying you are just having "a bad day" when a little 6-yr old boy in your care is in the ICU because of (at the least), your negligence. Or how saying you "didn"t give CPR, and then that you "did" give CPR.

 

[bourne]

Perhaps you didn't hear AZlawyer's legal explanation that neither the Zahaus nor the Judge can push the criminal charges on Dina, Nina and Adam despite any amount of evidence because the SDSO & medical examiner had ruled Ms. Rebecca Zahau's death a "suicide"?

I'm certain that when this wrongful death suit against Dina, etc. is won by the Zahaus, and there is more gathering of the evidence, that there will be a culmination of facts and physical and circumstantial evidence to prove beyond a reasonable doubt that Rebecca was murdered and SDSO will be forced to reopen the investigation and charge the defendants.

 

[bourne]

This is far from a "dead" story: folks from both San Diego and Paradise Valley are very aware of this case......most think it will go for a jury verdict, and that the cause of Rebecca's death will be changed, with a follow-on criminal case to be opened up.

I pray that a criminal case and a trial for the guilty murderers of Rebecca will follow. That is the only right thing to do here.

JUSTICE FOR REBECCA.