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View Poll Results: Will the wrongful death civil suit, Zahau v Shacknai, go to jury trial, or settle?

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19. You may not vote on this poll
  • The case will proceed to a jury trial

    13 68.42%
  • The case will settle out of court

    6 31.58%

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  1. #1
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    Estate of Rebecca Zahau et al v. Shacknai et al

    Do you think the wrongful death civil lawsuit, Estate of Rebecca Zahau et al v. Shacknai et al, will proceed to a jury trial, or settle out of court?

    For reference, here is a link to the civil lawsuit discussion thread, including links to documents.

    Estate of Rebecca Zahau et al v. Shacknai et al - Websleuths Crime Sleuthing Community
    Last edited by OkieGranny; 02-23-2016 at 02:09 AM. Reason: broken link

  2. #2
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    Quote Originally Posted by K_Z View Post
    Do you think the wrongful death civil lawsuit, Estate of Rebecca Zahau et al v. Shacknai et al, will proceed to a jury trial, or settle out of court?

    For reference, here is a link to the civil lawsuit discussion thread, including links to documents.

    Estate of Rebecca Zahau et al v. Shacknai et al - Websleuths Crime Sleuthing Community
    Thanks K_Z for setting up this poll! I voted it will go to jury because I believe in positive thought and if there ever was a case that deserves to go to trial, this is it. Rebecca's murderers and all those who have stood in the way of justice must be held accountable.
    Where large sums of money are concerned, it is advisable to trust nobody. -- Agatha Christie


  3. #3
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    I think it'll go to trial, because I also believe in positive thinking, and I believe that doing right things for right reasons brings right results.

    Also, I can't imagine Dina, especially, agreeing to anything much at all.
    If you're lucky enough to be at the beach, you're lucky enough.

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    Quote Originally Posted by coastal View Post
    I think it'll go to trial, because I also believe in positive thinking, and I believe that doing right things for right reasons brings right results.

    Also, I can't imagine Dina, especially, agreeing to anything much at all.
    BBM. I agree, coastal. For all 3 of the named defendants/ respondents (especially Dina), this is a "no win" situation, IMO. They lose (lose BIG!) by settling, and they lose by proceeding thru the discovery process and depositions toward trial. And if it goes to a civil jury trial, it's my opinion that they will lose there, too.

    And no matter whether the case settles or goes to trial, it will be VERY, VERY expen$ive to defend. I can't imagine that any attorneys for Dina, Nina, or Adam will take this case entirely for free. Angela Hallier, Dina's divorce attorney, certainly knows exactly what the terms of Dina's divorce settlement are. But I doubt that a divorce attorney would take on a wrongful death civil suit, so I expect Dina will hire a new lawyer, or team of lawyers. Nina and Adam are of more modest means than Dina, so it will be interesting to see how they handle hiring attorney representation. Jonah may help Adam out, but would he help Nina? Does Dina have the financial means to pay for both her and Nina's representation? Is it in each of their best interests to have separate representation? (I think so.)

    It occurs to me that the filing of this civil wrongful death suit may be precisely why Dina, in particular, has been so uncharacteristically "media silent" since July. She mentioned having to take "significant measures" in response to the filing of the lawsuit. All we have heard from her is the response statement to the filing, and the publishing of the newest Phoenix Magazine article about her legislative efforts, which I think was in progress before the civil suit was filed. And I personally think she may be under a child order of protection "gag" not to speak about XZ in public anymore.

    I think Dina, in particular, has her hands very full right now, trying to figure out how to get out of this civil lawsuit situation, or mitigate it as best as she can. Like I said, it's a "lose/ lose" situation for her, more so than for Nina or Adam. She will have to throw lot$ of $$ at this to make it go away-- not to just the Zahaus. Attorney fees will be huge.

    It really will be interesting to see what happens from this point.

  5. #5
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    I hope you're all right but my "gut" has a settlement goal by Zahau family lawyers.....JS makes it "all go away."

    My main reason.....the secrecy of Zahau's lawyers with the evidence Gore gave former Att'y Bremner that Ann Rule used in her book and there was still crucial evidence/information withheld given the Rudoy/Fleck lawsuit vs Gore/SDSO over this evidence and personal items of RZ.

    Why the secrets from the media/public by Zahau lawyers? You would think if they were geared for a TRIAL.....why not release the ENTIRE AS polygraph and SDSO interview. Also, all blood results and crime scene photos including RZ's BACK with the many abrasions.This would be a natural strategy so your JURY POOL in SD has some recent knowledge on the case. I'm guessing the Z -lawyers are using the evidence they have as the "bargaining chip' for JS to STEP UP a pay the $$$$. Afterall, JS was interviewed by SDSO too as was Dr.Bradley Peterson from Rady.....JS could take a REAL HIT if Dr.Peterson in his deposition says he never talked to JS between 8:00pm and 11:40pm Tuesday night - 7/12/11.

  6. #6
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    bourne is offline "The truth shall set you free." ~JUSTICE FOR REBECCA ZAHAU
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    Quote Originally Posted by Serpico View Post
    I hope you're all right but my "gut" has a settlement goal by Zahau family lawyers.....JS makes it "all go away."

    My main reason.....the secrecy of Zahau's lawyers with the evidence Gore gave former Att'y Bremner that Ann Rule used in her book and there was still crucial evidence/information withheld given the Rudoy/Fleck lawsuit vs Gore/SDSO over this evidence and personal items of RZ.

    Why the secrets from the media/public by Zahau lawyers? You would think if they were geared for a TRIAL.....why not release the ENTIRE AS polygraph and SDSO interview. Also, all blood results and crime scene photos including RZ's BACK with the many abrasions.This would be a natural strategy so your JURY POOL in SD has some recent knowledge on the case. I'm guessing the Z -lawyers are using the evidence they have as the "bargaining chip' for JS to STEP UP a pay the $$$$. Afterall, JS was interviewed by SDSO too as was Dr.Bradley Peterson from Rady.....JS could take a REAL HIT if Dr.Peterson in his deposition says he never talked to JS between 8:00pm and 11:40pm Tuesday night - 7/12/11.
    BBM. One reason is so the jury pool for the case will not be tainted. Remember, under voir dire, jurors are asked if they have any knowledge of the case prior to actually being called to serve on the jury. If they do, that's a potential bias and conflict of interest on the juror's part.

    I think strategically, if I were a lawyer representing the Zahaus, I would keep all the evidence and info close to my vest as well. I wouldn't want the defendants to get a hold of all the evidence I have on them so that I could hit and startle them with the hard facts at trial. It's a common legal tactic. You don't want to give the opposing parties an undue advantage by allowing them to prepare in advance to dispute all your available evidence in court. This way, you have a better chance at winning the case.

  7. #7
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    bourne is offline "The truth shall set you free." ~JUSTICE FOR REBECCA ZAHAU
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    Inasmuch as I'd want justice for the Zahaus and thus for the wrongful death suit to proceed, I didn't vote yet because I think there's a third possibility: a non-sympathetic judge can dismiss the case claiming insufficient evidence to go to trial. I hope to all that is pure and holy that that won't be the case, but you never know... Given all the apparent corruption and impropriety by the authorities in this case, someone could have their hands in the judge's pockets or vice versa. MOO
    Last edited by bourne; 09-07-2013 at 03:54 PM. Reason: Edited for clarity

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    I would really like to see it go to a jury trial, but I have a feeling it will be settled. All of the guilty parties have too much to lose if they're deposed. There will be too much incriminating evidence and testimony that will come out.

    The guilty parties can't afford good representation and, since they're all related in some way to Jonah, he will protect them all by reaching an out of court settlement with RZ's family.

    That said, I think RZ's family would prefer to have a jury trial to learn all the facts and clear RZ's name. RZ and her family have been treated so badly by the Shacknai/Romano families, its a tragedy.
    All statements are my opinion only.

  9. #9
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    Quote Originally Posted by bourne View Post
    BBM. One reason is so the jury pool for the case will not be tainted. Remember, under voir dire, jurors are asked if they have any knowledge of the case prior to actually being called to serve on the jury. If they do, that's a potential bias and conflict of interest on the juror's part.

    I think strategically, if I were a lawyer representing the Zahaus, I would keep all the evidence and info close to my vest as well. I wouldn't want the defendants to get a hold of all the evidence I have on them so that I could hit and startle them with the hard facts at trial. It's a common legal tactic. You don't want to give the opposing parties an undue advantage by allowing them to prepare in advance to dispute all your available evidence in court. This way, you have a better chance at winning the case.
    The "other side" will have all the information as Zahau lawyers in DISCOVERY and DEPOSITIONS....there are no evidence surprises in a trial unless a "glove" is entered into evidence and the prosecutor asks OJ to try it on

    Personally, I prefer my strategy and wouldn't be the first case with lots of publicity and remains in the city. If it was moved...I would worry less than the defendants.....not many people know Paul Pfingst outside of SD. But it is what it is....Zahau lawyers are keeping the information under wraps so we'll see how it plays out.

  10. #10
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    Quote Originally Posted by K_Z View Post
    Do you think the wrongful death civil lawsuit, Estate of Rebecca Zahau et al v. Shacknai et al, will proceed to a jury trial, or settle out of court?

    For reference, here is a link to the civil lawsuit discussion thread, including links to documents.

    Estate of Rebecca Zahau et al v. Shacknai et al - Websleuths Crime Sleuthing Community
    I've seen nothing that indicates the case has proceeded beyond the initial complaint.

    JMO


  11. #11
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    Quote Originally Posted by Serpico View Post
    I hope you're all right but my "gut" has a settlement goal by Zahau family lawyers.....JS makes it "all go away."

    My main reason.....the secrecy of Zahau's lawyers with the evidence Gore gave former Att'y Bremner that Ann Rule used in her book and there was still crucial evidence/information withheld given the Rudoy/Fleck lawsuit vs Gore/SDSO over this evidence and personal items of RZ.

    Why the secrets from the media/public by Zahau lawyers? You would think if they were geared for a TRIAL.....why not release the ENTIRE AS polygraph and SDSO interview. Also, all blood results and crime scene photos including RZ's BACK with the many abrasions.This would be a natural strategy so your JURY POOL in SD has some recent knowledge on the case. I'm guessing the Z -lawyers are using the evidence they have as the "bargaining chip' for JS to STEP UP a pay the $$$$. Afterall, JS was interviewed by SDSO too as was Dr.Bradley Peterson from Rady.....JS could take a REAL HIT if Dr.Peterson in his deposition says he never talked to JS between 8:00pm and 11:40pm Tuesday night - 7/12/11.
    To prevail, the Zahau lawyers must prove the defendants were the cause and the death is already ruled a suicide. JS is not a defendant so there is no reason for him to settle anything. If I were a named defendant, I wouldn't be worried, either, because the burden of proof is on the plaintiff.

    JMO

  12. #12
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    Quote Originally Posted by Serpico View Post
    The "other side" will have all the information as Zahau lawyers in DISCOVERY and DEPOSITIONS....there are no evidence surprises in a trial unless a "glove" is entered into evidence and the prosecutor asks OJ to try it on

    Personally, I prefer my strategy and wouldn't be the first case with lots of publicity and remains in the city. If it was moved...I would worry less than the defendants.....not many people know Paul Pfingst outside of SD. But it is what it is....Zahau lawyers are keeping the information under wraps so we'll see how it plays out.
    Weren't you asking about why the Zahau case files were kept secret from *the public/media* in the pre-trial period? The Judge hasn't ruled on the Motions to Dismiss the case (which will likely be brought forth by the defendants once they are served), so it would be to the Zahau lawyers' benefit to keep everything under wraps until and if the case is officially allowed to go forward, and of course, for voir dire purposes.

  13. #13
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    Quote Originally Posted by MyBelle View Post
    To prevail, the Zahau lawyers must prove the defendants were the cause and the death is already ruled a suicide. JS is not a defendant so there is no reason for him to settle anything. If I were a named defendant, I wouldn't be worried, either, because the burden of proof is on the plaintiff.

    JMO
    This was addressed by AZlawyer in the legal Zahau thread.

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    Quote Originally Posted by bourne View Post
    Weren't you asking about why the Zahau case files were kept secret from *the public/media* in the pre-trial period? The Judge hasn't ruled on the Motions to Dismiss the case (which will likely be brought forth by the defendants once they are served), so it would be to the Zahau lawyers' benefit to keep everything under wraps until and if the case is officially allowed to go forward, and of course, for voir dire purposes.
    I've never seen a Judge rule on motions that don't yet exist because the case hasn't proceeded.

    JMO

  15. #15
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    bourne is offline "The truth shall set you free." ~JUSTICE FOR REBECCA ZAHAU
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    Quote Originally Posted by MyBelle View Post
    I've never seen a Judge rule on motions that don't yet exist because the case hasn't proceeded.

    JMO
    If you read carefully, you'll note that that is in line with exactly what I said. Let's not bicker about technical nonsense.

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