Zahau Family Sues County for Additional Evidence

[screecher]

Just because it's in print doesn't make it so. Anyone who has been involved with legal suits, or knows someone who has been involved, knows there is alot of wrangling going on. Also alot of intimidation and threats.

I call BS.

 

[K_Z]

Always good to keep some perspective.

This case was first and foremost about:

- INFORMATION. Information that was withheld from the family.

- Personal property of Rebecca. Property that was IMPROPERLY (imo) withheld from the family.

Rebecca's family has filed a separate lawsuit seeking compensation for wrongful death, as we all know. I can only conclude that the family either has received what they were seeking in this case through alternative means, such as cooperation by authorities-- OR the family no longer has need of the information, and no further desire to obtain Rebecca's personal property.

The latter would seem to be an absurd conclusion, given the events of the past 2 years.

I suppose it's possible the family intends to pursue some other avenue with regard to what they were seeing in this suit, if they didn't get cooperation from the defendants.

It also doesn't seem reasonable that the family "dropped" the case due to lack of funds, since they recently filed the WDS.

I've always thought this case was about obtaining information and property both for their personal/ family closure, as well as the information and property substantiating the claims in a WDS, or a criminal re-investigation. We just didn't know if or when the WDS would be filed when this case commenced.

Seems reasonable and logical to me to conclude that the family no longer needs to pursue this case to get what they need.

 

[K_Z]

Has it been appealed?

I think the legal definition of "with prejudice" is pretty much the same across the states. Perhaps a lawyer will weigh in but it seems this lawsuit is over unless they appeal.

If your case was dismissed with prejudice it can be appealed to a higher judge, but you can’t start over from scratch and try again.


http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=6092

BBM.

Appealed??

The plaintiffs requested dismissal. That would mean the DEFENDANTS would be the ones to appeal.

I just don't think that is even in the realm of reasonable or logical. Maybe not even possible. That would equate to "Please continue to sue me". (Lol!)

 

[MyBelle]

BBM.

Appealed??

The plaintiffs requested dismissal. That would mean the DEFENDANTS would be the ones to appeal.

I just don't think that is even in the realm of reasonable or logical. Maybe not even possible. That would equate to "Please continue to sue me". (Lol!)

My posting was in reply to a posting that suggested the case isn't over. My link says if there is no appeal, the case is over forever.

JMO

 

[screecher]

Hi posters!!!

Anyone watch The Good Wife last night? (season 5, epi 19)

A woman was found, supposedly by a girlfriend, hanging and very dead, in the bathroom of a very, very rich man. Suicide, the peeps in the house say. LE says not. She had ligature marks around ankles, wrists and a second ligature mark around her neck.

Haven't finished watching yet...had to come here and post.

OMG!!!

The person of interest is saying the use of ropes and KNOTS is part of sexual practice...

It's a MUST watch.

 

[Curious Me]

$10M suit: Zahau was beaten, gagged and strangled
By: 10News Digital Team
Posted: 6:08 AM, Aug 1, 2014
Updated: 10:41 AM, Aug 1, 2014

http://www.10news.com/news/hearing-friday-in-zahau-10m-wrongful-death-suit

 

[MissJ]

$10M suit: Zahau was beaten, gagged and strangled
By: 10News Digital Team
Posted: 6:08 AM, Aug 1, 2014
Updated: 10:41 AM, Aug 1, 2014

http://www.10news.com/news/hearing-friday-in-zahau-10m-wrongful-death-suit

Wow! Thanks for the post.

 

[Seattle1]

Justice for Becky! - Good summary of Federal Statute(s) and element of proof can be found here:

http://www.duqlawblogs.org/duqcrim/2014/04/updates-to-san-diegos-mysterious-mansion-hanging/

 

[bourne]

Thanks Seattle1. I'm bringing your post over to another thread for further discussion

 

[burke_dennings]

$10M suit: Zahau was beaten, gagged and strangled
By: 10News Digital Team
Posted: 6:08 AM, Aug 1, 2014
Updated: 10:41 AM, Aug 1, 2014

http://www.10news.com/news/hearing-friday-in-zahau-10m-wrongful-death-suit

This new witness claiming to have heard screams must not be aware that LE already checked that out.

 

[BBL]

This new witness claiming to have heard screams must not be aware that LE already checked that out.

Yes, they said it was "likely" kids from the beach. Strike #1 - it was well after curfew and that is strictly monitored by CPD; if there were kids there after curfew, there would be a record. Strike #2 - no one followed up with the witnesses for days. Strike #3 - yet more evidence just ignored.

 

[burke_dennings]

Yes, they said it was "likely" kids from the beach. Strike #1 - it was well after curfew and that is strictly monitored by CPD; if there were kids there after curfew, there would be a record. Strike #2 - no one followed up with the witnesses for days. Strike #3 - yet more evidence just ignored.

Mrs. Mystery Witness, saying she heard screams (and recreating them in vivid fashion), still doesn't come close to proving that Becky was murdered by Adam, Dina and Nina or anyone else for that matter.


And in regards to Strike #3, as you put it:

The physical evidence which proved Becky committed suicide, alone in that room, renders any of this alleged "ignored evidence" irrelevant.

 

[burke_dennings]

Yes, they said it was "likely" kids from the beach. Strike #1 - it was well after curfew and that is strictly monitored by CPD; if there were kids there after curfew, there would be a record. Strike #2 - no one followed up with the witnesses for days. Strike #3 - yet more evidence just ignored.

CORONADO DEATH INVESTIGATION - FAQ’s

Why didn’t you follow-up with the neighbors when they heard screams?

A detailed statement was taken from the neighbor who heard a scream.

The scream heard was about two and one-half hours before Rebecca’s voice mail was accessed on her phone, and the witness believed it could have been attributed to several teens which were in the area at the time.

The witness could not tell exactly where the scream came from, but gestured to an area more toward the beach rather than the mansion.

This interview was conducted the first day of the investigation

 

[BBL]

CORONADO DEATH INVESTIGATION - FAQ’s

Why didn’t you follow-up with the neighbors when they heard screams?

A detailed statement was taken from the neighbor who heard a scream.

The scream heard was about two and one-half hours before Rebecca’s voice mail was accessed on her phone, and the witness believed it could have been attributed to several teens which were in the area at the time.

The witness could not tell exactly where the scream came from, but gestured to an area more toward the beach rather than the mansion.

This interview was conducted the first day of the investigation

I don't believe the witness ever said they thought it was teens on the beach. The witness specifically said they heard screams for help. IMO, this entire response is embellished.

As for the voicemail being accessed... there is no proof of that.

 

[burke_dennings]

I don't believe the witness ever said they thought it was teens on the beach. The witness specifically said they heard screams for help. IMO, this entire response is embellished.

As for the voicemail being accessed... there is no proof of that.

Jonah's phone records were subpoenaed and reviewed.

Though it may not be available to the public, the documentation exists.

 

[*Lash*]

Jonah's phone records were subpoenaed and reviewed.

Though it may not be available to the public, the documentation exists.

Rebecca's phone records do not show an incoming call from Jonah. There was a possible explanation given for this by a cellphone provider.

An outgoing call to Rebecca may show on Jonah's phone records but it will never show why he was calling. The reason given by Jonah is just his word. Not scientific proof. Another assumption by LE, that Jonah is telling the truth. SDSO had the opportunity to retrieve the deleted voicemail from Rebecca's cellphone provider. SDSO waited too long and it was deleted from the cellphone providers server. SDSO even stated they knew it could be retrieved if they got to it early but they didn't feel it was necessary because they had Jonah's statement. Remember SDSO told the public this voicemail was allegedly the reason Rebecca became so distressed and took her life. Pretty important piece of evidence, imo.

Interestingly, eventually several weeks later, search warrants for cellphone records were requested. Though it was too late to retrieve the voicemail.

 

[burke_dennings]

Rebecca Zahau's cell phone logs show she engaged in a series of phone conversations and traded several text messages in the hours before her hanging death at the Spreckels mansion in Coronado.

News 8 obtained two pages of AT&T billing logs from the 32-year-old's cell phone, which family members said was a newer-model phone using the Windows Phone mobile operating system.

The cell phone records confirm Zahau listened to her voicemail for two minutes at 12:50 a.m. on July 13, about two hours before her estimated time of death.


http://www.cbs8.com/story/15485069/records-reveal-final-cell-phone-calls-to-rebecca-zahau

 

[*Lash*]

Rebecca's cellphone records confirm "someone" listened to Rebecca's voicemail. The records do not confirm "who" did the listening.

Rebecca's cellphone records do not confirm "who" the voicemail was from. It didn't even have to be a new voicemail.

Again, even if Jonah's records show he made a call, SDSO chose not to retrieve the deleted voicemail. We will never know what was said. The alleged "trigger" to Rebecca's suicide. SDSO made the decision it was not an important piece of evidence. Imo, a prime example of cherry picking what they considered evidence.

 

[burke_dennings]

Rebecca's cellphone records confirm "someone" listened to Rebecca's voicemail. The records do not confirm "who" did the listening.

Rebecca's cellphone records do not confirm "who" the voicemail was from. It didn't even have to be a new voicemail.

Again, even if Jonah's records show he made a call, SDSO chose not to retrieve the deleted voicemail. We will never know what was said. The alleged "trigger" to Rebecca's suicide. SDSO made the decision it was not an important piece of evidence. Imo, a prime example of cherry picking what they considered evidence.

The A-HA voice mail touted in the media by Mrs. Mary Suii Hoecker/Loehner and Anne Bremner is as cherry picking as it gets.

It's the type of tactic that Sheriff Gore warned them about:

San Diego County Sheriff Bill Gore sent a letter to Rebecca Zahau's family attorney, saying he would release Zahau's investigative file to the public if the family didn't keep the investigation quiet.

The letter emphasizes the Sheriff's intention to keep the files private unless, "it becomes clear parts of the investigation have been released to the media and to the public "piecemeal."

He said if portions of the investigation are released in a way that falsely represents the work performed by the Sheriff’s Department, they will correct the false portrayal by opening the entire investigation for public scrutiny.

http://www.nbcsandiego.com/news/local/Sheriff_Bill_Gore_Letter_Rebecca_Zahau.html

 

[LuckyLucy2]

And the fact that the Zahaus never released those files pretty much proves there was too much evidence that proved it was suicide.

If the files had bolstered their fraudulent case against Dina, Nina, and Adam, MZL would have released them in a hot minute.