The case for murder

[justice be served]

I think it is just plain sad that she believes she is a crime victim and has some kind of rights. Her attorney needs to step in and help her.

JMO

What is sad is that there are some that are trying to take away her rights. This is America isn't it? Does your comment mean you think that she has no rights as the sister of a woman that died very suspiciously and that law enforcement doesn't have to follow the rules on returning property or even giving a courtesy call back?

This isn't some third world country we live in last I checked.

 

[sorrell skye]

..in the video portion (@1:25) captain curran responds to a reporter's question of "what do you do now?"

..curran: "we'll be executing a search warrant on this house, probably in a few hours.."

..the video is shot at 11:30 a.m. LE had been on scene for hours already----why the delay in executing a S/W?

http://www.theworldisraw.com/coronado-spreckels-mansion-theory/

It probably took a few hours for Deputy Patterson to write up his probable cause affidavit (as well as the time in which it took to present it to a Judge).

What boggles my mind is that the time between SW #41227 being granted (2:37 p.m.) and the time Deputy Patterson signed off on the inventory list of items seized (4:26 p.m.) was only 2 hours.

One would think it would have taken longer than a mere 2 hours to search a crime scene of this size (the mansion itself, as well as the garage, the Toyota Sequoia, the guest house, the caretaker's quarters, the courtyard, etc.), and to collect potential evidence - especially if a suspicious death were being investigated as a possible homicide.

2 hours.

 

[Morag]

It probably took a few hours for Deputy Patterson to write up his probable cause affidavit (as well as the time in which it took to present it to a Judge).

What boggles my mind is that the time between SW #41227 being granted (2:37 p.m.) and the time Deputy Patterson signed off on the inventory list of items seized (4:26 p.m.) was only 2 hours.

One would think it would have taken longer than a mere 2 hours to search a crime scene of this size (the mansion itself, as well as the garage, the Toyota Sequoia, the guest house, the caretaker's quarters, the courtyard, etc.), and to collect potential evidence - especially if a suspicious death were being investigated as a possible homicide.

2 hours.

Yeah, two hours to search such a huge property, and 6 weeks to even ask permission to search her cell phone. Could that be gross malfeasance? After all, much of the 'evidence' on her cell phone was automatically deleted in just a few days...

 

[KarenM]

It has nothing to do with boyfriend/girlfriend status and everything to do with the fact it was seized in a court-ordered search warrant.

Items seized in a search warrant are returned to the property owner served with the search warrant. It is a legal procedure in the control of the Judge.

JMO

The "property owner" in your statement is RZ, not JS. RZ's phone, clothing, etc were the properties of RZ. Since RZ is dead and did not designate a power of attorney, her next kin gets the seized properties that belonged to her. The "property" here is not the same as the real estate property. Even if JS owns the mansion where the search occurred, RZ's personal properties never belonged to him.

 

[SunnieRN]

It probably took a few hours for Deputy Patterson to write up his probable cause affidavit (as well as the time in which it took to present it to a Judge).

What boggles my mind is that the time between SW #41227 being granted (2:37 p.m.) and the time Deputy Patterson signed off on the inventory list of items seized (4:26 p.m.) was only 2 hours.

One would think it would have taken longer than a mere 2 hours to search a crime scene of this size (the mansion itself, as well as the garage, the Toyota Sequoia, the guest house, the caretaker's quarters, the courtyard, etc.), and to collect potential evidence - especially if a suspicious death were being investigated as a possible homicide.

2 hours.

Makes me question the extent of the search, the thoroughness of the investigation and whether or not the property was searched with a pre-conceived outcome in place.

 

[stilettos]

I think it is just plain sad that she believes she is a crime victim and has some kind of rights. Her attorney needs to step in and help her.

JMO

That's the thing about America...we kinda like to defend the rights of the underdog. It does appear to me that one family in this equation has more access to LE in CA and info about the case...now this is just my opinion, mind you...but for all the money spent on PR firms and a politically connected attorney one might get better public favor by assisting in facilitating open communication by LE and return of family property. MOO

 

[MyBelle]

What is sad is that there are some that are trying to take away her rights. This is America isn't it? Does your comment mean you think that she has no rights as the sister of a woman that died very suspiciously and that law enforcement doesn't have to follow the rules on returning property or even giving a courtesy call back?

This isn't some third world country we live in last I checked.

My comment means exactly what it said. I mean the sister has no crime victim rights under California statute because suicide isn't a crime.

According to the ME, Rebecca's death was a suicide.

JMO

 

[lauriej]

Makes me question the extent of the search, the thoroughness of the investigation and whether or not the property was searched with a pre-conceived outcome in place.

..it's quite unbelievable that they managed that search in a span of 2 hours.

..they pretty much had the entire place to check out:

Location, Property and/or Person(s) To Be Searched:


A)..The premises and all parts therein including all rooms, attics, crawl spaces, safes, mail receptacles, storage areas, containers, surrounding grounds, trash areas, garages, guest houses, car ports, outbuildings assigned to or part of the residence located at 1043 Ocean Blvd.

B)..A Toyota Sequoia , bearing Arizona plate #ACM4797,which is a white sedan parked inside the closed garage, and any other vehicles found to be under the control of the legal residents present at the above described residence, whether operable or in disrepair.

The vehicle(s) to be searched includes glove compartment, trunk, satchels, bags,containers and storage compartments.

 

[MyBelle]

That's the thing about America...we kinda like to defend the rights of the underdog. It does appear to me that one family in this equation has more access to LE in CA and info about the case...now this is just my opinion, mind you...but for all the money spent on PR firms and a politically connected attorney one might get better public favor by assisting in facilitating open communication by LE and return of family property. MOO

Victims Rights are all spelled out right here. I don't see suicide listed anywhere as a covered criminal act. I would think any lawyer could understand this without the need to be polically connected.

http://ag.ca.gov/victimservices/marsys_law.php

FAQs
Serving Victims
1.Who is a victim?
Prior to the passage of Proposition 9, “Victim” was defined under the Penal Code “as the person against whom a crime had been committed.” With the passage of Proposition 9, “victim” as used in the California Constitution article I, § 28 is defined as “a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term ‘victim’ also includes the person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated.

The term ‘victim’ does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.” (Cal. Const., art. I, § 28(e).)

 

[MyBelle]

The "property owner" in your statement is RZ, not JS. RZ's phone, clothing, etc were the properties of RZ. Since RZ is dead and did not designate a power of attorney, her next kin gets the seized properties that belonged to her. The "property" here is not the same as the real estate property. Even if JS owns the mansion where the search occurred, RZ's personal properties never belonged to him.

RZ was deceased when the property was seized by the Court. There is a legal process to return it and Rebecca's family does have an attorney.

JMO

 

[sdcali]

It probably took a few hours for Deputy Patterson to write up his probable cause affidavit (as well as the time in which it took to present it to a Judge).

What boggles my mind is that the time between SW #41227 being granted (2:37 p.m.) and the time Deputy Patterson signed off on the inventory list of items seized (4:26 p.m.) was only 2 hours.

One would think it would have taken longer than a mere 2 hours to search a crime scene of this size (the mansion itself, as well as the garage, the Toyota Sequoia, the guest house, the caretaker's quarters, the courtyard, etc.), and to collect potential evidence - especially if a suspicious death were being investigated as a possible homicide.

2 hours.

i'm sure team S had everything LE needed sitting in a pile for them to collect by that time. (of course I am being sarcastic, but it sure feels like that is how it went down)

 

[TorisMom003]

My comment means exactly what it said. I mean the sister has no crime victim rights under California statute because suicide isn't a crime.

According to the ME, Rebecca's death was a suicide.

JMO

And, as has been addressed here numerous times, Rebecca's family believe that the suicide ruling is incorrect and are working on filing with the AG to have the case reopened. Until that has been done and either agreed upon or denied by the AG then the family has the right to their opinions that they are in fact the family of a murder victim. The family is not alone in their opinion that the case was flawed from the beginning.

While I am on the subject I would like to also add that Rebecca's family is not alone in thinking that perhaps the LE and ME did not follow through on their family members death as well as they should have. Dina has also had her own investigation going into Max's death even though the ME has ruled his death an accident. I see no one stating this is wrong of Dina. I personally do not feel that it is wrong of Dina. If a parent or family has unanswered questions about their childs/loved ones death they are entitled to want those questions answered. This same respect should be entitled to all family members in this type of situation no matter how much or how little money they may have.

MOO

 

[justice be served]

RZ was deceased when the property was seized by the Court. There is a legal process to return it and Rebecca's family does have an attorney.

JMO

That "legal process" apparently is NOT WORKING. Rebecca's sister states that they are not even having the courtesy of a return phone call. Forget whether or not you consider her sister a 'crime victim' as I understand you do not. Apparently having a lawyer also isn't budging LE to give up the goods. It's frankly appalling and pathetic how Rebecca's family is being treated. First Rebecca, now the family. It just makes me :furious:

http://www.radaronline.com/exclusiv...ly-not-received-evidence-about-her-death-cops

Rebecca's sister Mary Zahau tells RadarOnline.com,"The Sheriff's Department is not answering our calls or emails. But California gives victims rights to the case file, including the police report. There is also property of Rebecca's that was taken."

 

[Brit]

My comment means exactly what it said. I mean the sister has no crime victim rights under California statute because suicide isn't a crime.

According to the ME, Rebecca's death was a suicide.

JMO

So people don't have a right to question an investigation when they strongly disagree with the end results of the investigation? I thought it is our "right" as citizens of this country to fight for injustice when we see it....in fact that is one of the things that helped found this country.

If I was in rz family place I would be raising hell to get justice.

 

[sdcali]

My comment means exactly what it said. I mean the sister has no crime victim rights under California statute because suicide isn't a crime.

According to the ME, Rebecca's death was a suicide.

JMO

At the time the search warrants were issued, and the property confiscated, it was being investigated as a possible crime. So maybe that is where the glitch in the system is. Somebody didn't get the message that Rebecca's belongings can be released.

Or there is a lot more that we aren't being told by LE and holding on to the items serve a purpose to seeing justice served in the end. And as an optimist, that is what I am putting my money on.

 

[SunnieRN]

Sd, I hope you are right, but at this point, I am not holding my breath. At this point, it appears that the property is being held hostage. I have a theory on why that is, but of course I really don't know.

Interesting article, ties Amanda Knox and Rebecca, through Anne Bremner.


http://coronado.patch.com/articles/coronado-connection-knox-murder-conviction-overturned

 

[rosemary]

On whether Rebecca's family members have any rights to obtain the police report, I found this:

for California. Police reports and next of kin
Reply
I need to be very general here. There was a death in the family. A full police report is available. I'm told by the police dept. this report is only given to the next of kin. I'm also told the next of kin is the surviving spouse. I'm a child of the deceased. And have been told I can not get a full report. I can get a report with information blocked out.

How is next of kin determined? Why am I not next of kin? Why am I unable to see a full report?
02-09-2008 12:28 AM In reply to
Trentzz


Joined on 01-18-2003
Posts 1,208
re: for California. Police reports and next of kin
Reply
>>>>I can get a report with information blocked out.

When information is blakened out, it is referred to as being redacted. When the police determine that certain information might cause a person to be placed in "harm's way", even the attorneys get the redacted copies. When that happens, sometimes it takes a monumental effort for even the attorney to get access to the redacted info and, when he is successful, he cannot disclose it to anyone else.

So, I don't think "kinship" has anything to do with the problem you're facing.

02-09-2008 2:14 PM In reply to
CdwJava
Consumer


Joined on 02-20-2003
CA
Posts 910
re: for California. Police reports and next of kin
Reply
Which report are you talking about? The police report surrounding the circumstances of the death? or, the coroner's report on the cause of death?

If the police consider this an investigative document (because they may suspect foul play), then they can - by statute - withhold the report entirely or release it (even redacted) to whomever they wish. The coroner's report is subject to similar restrictions, and i suspect this is where the "next of kin" angle might come into play.

- Carl

http://community.lawyers.com/forums/p/6005/31937.aspx

Since the case has already been closed, and Rebecca's next of kin is her family, why won't the LE release the police report to them? Not even a redacted one? and why the delay in handing back her things, in a case that was ruled as suicide?

 

[MyBelle]

And, as has been addressed here numerous times, Rebecca's family believe that the suicide ruling is incorrect and are working on filing with the AG to have the case reopened. Until that has been done and either agreed upon or denied by the AG then the family has the right to their opinions that they are in fact the family of a murder victim. The family is not alone in their opinion that the case was flawed from the beginning.

While I am on the subject I would like to also add that Rebecca's family is not alone in thinking that perhaps the LE and ME did not follow through on their family members death as well as they should have. Dina has also had her own investigation going into Max's death even though the ME has ruled his death an accident. I see no one stating this is wrong of Dina. I personally do not feel that it is wrong of Dina. If a parent or family has unanswered questions about their childs/loved ones death they are entitled to want those questions answered. This same respect should be entitled to all family members in this type of situation no matter how much or how little money they may have.

MOO

I have great sympathy for the Rebecca's family. But just because they don't agree with LE decisions doesn't mean they are entitled to receive the answers they want to receive nor are they entitled to claim victim's rights under California's victim rights law. Complaining to tabloid media that they have victim's rights makes me wonder about their hidden agenda, although it really isn't all that hidden.

Dina hasn't used the media to lob insults at LE the way Rebecca's family has done. At least I haven't seen her make any negative comments.

JMO

 

[MyBelle]

On whether Rebecca's family members have any rights to obtain the police report, I found this:



http://community.lawyers.com/forums/p/6005/31937.aspx

Since the case has already been closed, and Rebecca's next of kin is her family, why won't the LE release the police report to them? Not even a redacted one? and why the delay in handing back her things, in a case that was ruled as suicide?

The family should ask their lawyer.

The process in my city is to go down to the police station, fill out a form and hand over the fee. Pretty easy.

JMO

 

[greenpalm]

The family should ask their lawyer.

The process in my city is to go down to the police station, fill out a form and hand over the fee. Pretty easy.

JMO

And what makes you think they haven't done that?