Ok, A_Z, concerning Rebecca's death and most think it was murder, do you think the following evidence makes it possible the Zahau's could sue Dina (of course claiming she is responsible for her demise):
- strong motive (this includes a lot, one being possible evidence she thought Max was suffocated)
- no alibi
- past history (that could lead one to think she was nearly stalking Rebecca, and possibly lying about Rebecca after the deaths)
- witness who says she was at the crime scene around the TOD or within hours before - Nina, her sister, admitted she was at the crime scene
- Dina has a violent, emotionally abusive domestic past with Jonah
- there are possible drug and alcohol problems (don't know if they can be proven)
- Other? Chime in folks
I would be very surprised if Becky's family sues. I believe there must be personally damaging things, unfortunately, that would come up in any trial---that whomever was named in a wrongful death suit would make sure would come up. And whatever those things are, they seem to be enough to keep the Zahau family quiet-ish.
The reason I say this is because I find the release of the investigative file to Anne Bremer intriguing for a couple of reasons. The police released it to the attorney/family, saying it was releasing everything in the file, however also making sure they stated that they were releasing for a very specific reason and not waiving the otherwise huge law enforcement exemption to the open records laws in California. Everyone took that as a threat--and Ms. Bremer wanted us to, clearly.
HOWEVER, in reviewing the laws in California, what LE was really saying is that if an open records exemption is waived---it cannot be waived for only one person. If it is waived, it is waived--therefore if the police waived the exemption for Anne/family, they waived it for everyone and would be obliged to provide the entire file to anyone.
I have no doubt Ms. Bremer is a smart attorney and knew exactly what they were saying---that if she shared any information at all, essentially, that the waiver would be in force and anybody could get the file. The family does not want this for whatever reason so easiest solution is to make that letter a threat.
To me this begs the question---why do they care who else sees the investigative file??? Why didn't Anne/family release it anyway? Wouldn't they want the media or public to see the file information? What is in there they don't want released? Maybe it's not odd, but it sets off my hinky meter big-time.
The only reason that makes sense to me is that there is compelling damaging information in there detrimental to Becky. Who knows what it is and who knows what any family considers damaging--it may be nothing but they may be extraordinarily private.
I would love to see somebody fight that whole idea and get the file. The reason they used is unique, a stretch and to me seems a total scam. Also the reason LE gave is only for a very specific set of items that must be released "to the victims of the incident"
It seems to me that not only is it a total BS attempt around the wholesale waiver of the exemption problem, but it also would seem to follow that, at the very least, only the information released according to the "victims of the incident" section of the law would apply under that---that EVERYTHING ELSE in the investigative file was released and the waiver of exemption for that everything else is in play and anybody should be able to get those records.
The info the clause LE is trying to use requires be given to the family is:
However, state and local law
enforcement agencies shall disclose the names and addresses of
persons involved in, or witnesses other than confidential informants
to, the incident, the description of any property involved, the date,
time, and location of the incident, all diagrams, statements of the
parties involved in the incident, the statements of all witnesses,
other than confidential informants, to the victims of an incident, or
an authorized representative thereof,
Yes, that is a lot of the information, but there must be many other pieces--ie phone records of other players, cctv information, computer records etc etc that are NOT required to be given to family under that clause.
So, since the waiver to exemption from open records was granted to those other items by virtue of giving the whole file to family, LE cannot pick and choose who the waiver applies to....they waived the exemption to keep the file closed as to any information not covered by the specific clause they tried to use to end-around around the whole thing to begin with.
I suspect none of this is making any sense if you haven't read the open records laws, the exemptions and the waivers! Sorry! I will try to shorten and clarify.......
PS. I am coming at this from the personal
opinion that Becky's death was murder, that the rich get a different LE and legal experience from the masses, and that Max's death was a terrible accident of a normal rambunctious 6 year old boy...
With all of this--all just my conjecture, initial thoughts on reading laws and most of all---my opinions and theories only---not a legal opinion!!!
