Zahau Family Sues County for Additional Evidence

[Cherry]

“While we[Dina Shacknai et al.] empathize with the Zahau family regarding their grief over the loss of Rebecca, for Nina and I to be named as parties to this frivolous lawsuit by the Zahau family is cruel and irresponsible. There is absolutely no truth to these allegations..."

Holy crap. 'cruel and irresponsible'. Yep. Sure Dina. You would know all about 'cruel and irresponsible' right? Like you going everywhere, saying Becky and her sister are MURDERERS, to anyone who would listen and NOT listen. Yep. You would surely know all about "cruel and irresponsible".

I'm glad she's listed on the suit. From the get go there was a report a woman was seen walking away from that home that night. I don't know what happened to that report, but I always suspected her and his brother. Both. My MHO remains the same. This was not a suicide.

 

[Zinn]

Complaint - PDF - May 8, 2013

http://www.websleuths.com/forums/attachment.php?attachmentid=33629&d=1368154714

Bumping this post as we have been discussing the content of the linked PDF on more recent threads.

Thanks, Lash!

 

[Carioca]

For the record, here is the list of evidence and personal items requested in the lawsuit:

A. All investigative records, files, and forensic evidence, photos, audio files, telephonic and cell phone records, video files, and transcripts of witness interviews and the like, received and seized pursuant to the investigation into the death of Rebecca Zahau on or about July 12-13, 2011 and thereafter (1)

B. Bit images (copies) of the hard drives and storage media on all electronic devices seized, including but not limited to a desktop computer, laptop computer, tablets, cell phones, smart phones, printers, copiers and the like;

C. The 911 calls of Adam Shacknai and Paul Pfingst on July 13, 2011 (2)

D. Copies of all statements made by or about Rebecca Zahau to San Diego County employees (including but not limited to the San Diego Sheriff) following the fall of Max Shacknai on July 11, 2011 at the Spreckels Mansion (audio, video and any prepared transcripts).

E. The audio, transcript and any notes from a July 26, 2011 interview in Phoenix referred to by Lead Investigator Angela Tsuida in a report dated August 15, 2011. This item is classified as relating to the Max Shacknai investigation while it also mentions Rebecca Zahau. Two previous "missing" audiotaped interviews were located with the assistance of the California Attorney General.

F. Electronic items including but no limited to the following:
i. Apple iMac and HP computers and/or a bit image (copy) of each.
ii. Rebecca's AT&T Samsung cell phone.
iii. Lumix digital camera
iv. The hard drive or other memory device of the printers found on the property.
v. Rebecca's Olympus stylus epic digital camera.
vi. Rebecca's FLIP video camera
vii. The documents and/or digital files that refer or related to item 110CDSW info from AT&T.
viii. The documents and/or digital files that refer or related to item 113CDSW info from Verizon.

G. Access to technical evidence, including but not limited to the following:
i. All DNA evidence
ii. The GPS information from any vehicle present at or stored at the property from July 11-13, 2011
iii. Ropes, knives, paintbrushes, the door with writing on it, the candle and other items seized, for forensic analysis
iv. The clear liquid from water bottle and liquid from Dr. Pepper bottle and access to the liquid for further testing
v. Security camera photos and videos of Rady Children's Hospital including but not limited to the Ronald McDonald House, from July 11 to July 13, 2011
vi. All entry and exit logs of the Spreckels mansion from July 11, 2011 through July 14, 2011
vii. Two missing photographs, #7836 and #7837, from sequentially numbered photos previously provided by the San Diego Sheriff.

H. From the Medical Examiner, the complete autopsy video and the autopsy notes of the examination of Rebecca Zahau taken by the Country's Medical Examiner as well as a sample of Rebecca's DNA.

Footnote 1: The San Diego Sheriff's Office and the Medical Examiner's Office have previously made available considerable information and evidence related to the death of Rebecca Zahau, and the family is appreciative of their efforts. By this application, we do not seek additional copies of anything that has previously been provided, with one exception.

Footnote 2: The Adam Shacknai 911 tape has an unexplained "8-second gap" at 1:43 of the 911 call during which no sound was recorded. We are informed by the Coronado Police Department, which recorded the call, that there was no "8-second gap" in the original recording. For comparison purposes, the call to police by Paul Pfingst had no such gap. We seek a new, clean copy of Adam Shacknai 911 call.

**************
The investigation was closed 24 months ago. By law, the victim's family has a right to receive all items requested. Even without this additional evidence, IMHO no attorney worth his or her salt would file a WDS if they did not already have sufficient evidence. IOW, the Sheriff withholding the additional evidence has put himself on a very slippery slope, one that IMO will not please the Honorable Judge.

 

[Serpico]

Great post Carioca.....if I could add one thing. Information about SDSO detectives investigation of the washer/dryer at Spreckels mansion....I haven't heard one "peep" about this. Was it ever checked out to see if it was used recently? Were there any clothes inside?
Did the washer show any blood spots outside the machine?

Adam gave his used clothes from the guesthouse to SDSO forensics but we haven't heard if any DNA,etc. was found or if they were all CLEANED recently. Also, were these the same clothes that showed up on Rady's security cameras when Adam arrived Tuesday night and later during the JS Tour of RMH about 7:35pm Tuesday night?

 

[K_Z]

**************
The investigation was closed 24 months ago. By law, the victim's family has a right to receive all items requested. Even without this additional evidence, IMHO no attorney worth his or her salt would file a WDS if they did not already have sufficient evidence. IOW, the Sheriff withholding the additional evidence has put himself on a very slippery slope, one that IMO will not please the Honorable Judge.

(Snipped)

I agree, Carioca, that they have to have sufficient evidence just to file the suit, or risk it being dismissed right away. I don't think the Zahaus would risk that happening. They have proceeded very carefully thus far.

Are there any public records anyone is aware of which indicate if ANY of the items requested in this complaint were ever given to the Zahaus or their attorneys? It occurred to me that maybe they have some, or all of it now, and that is what they based the WDS complaint on. Perhaps they were waiting on items right up till the filing deadline, and that is why they filed when they did (July 14-- last day of SOL). I can see where someone/s who might not want to release the items to the family might drag their feet right up to the SOL deadline.

Thoughts?

BTW, I do hope the family reads here from time to time. I hope they know how much most of us support them! :grouphug:

 

[Zinn]

(Snipped)

I agree, Carioca, that they have to have sufficient evidence just to file the suit, or risk it being dismissed right away. I don't think the Zahaus would risk that happening. They have proceeded very carefully thus far.

Are there any public records anyone is aware of which indicate if ANY of the items requested in this complaint were ever given to the Zahaus or their attorneys? It occurred to me that maybe they have some, or all of it now, and that is what they based the WDS complaint on. Perhaps they were waiting on items right up till the filing deadline, and that is why they filed when they did (July 14-- last day of SOL). I can see where someone/s who might not want to release the items to the family might drag their feet right up to the SOL deadline.

Thoughts?

BTW, I do hope the family reads here from time to time. I hope they know how much most of us support them! :grouphug:

Very interesting thought. Makes a lot of sense to me, though I wonder if the suit would've contained more specific citations of evidence if that had been the case. I don't know. IIRC, the wording in the civil suit against DS/NR/AS seemed to suggest there was still a great deal of evidence that had not yet been returned.

Didn't we hear somebody (DA or AG?) helped the Zahaus recover two pieces of evidence a while back? I don't know what the pieces were, but maybe they were significant in allowing them to move forward before the deadline?

IMO, there has been an observable pattern of DS applying a tit-for-tat strategy in her relationships over the years. If JS went to police, DS followed immediately after. If the Zahaus appeared on Dr. Phil, DS appeared on Dr. Phil, etc. IMHO, this could have been another reason for the Zahaus to wait until just before the deadline to move forward.

All of the above is just my opinion.

 

[*Lash*]

Sure does seem like SDSO withheld quite a bit of evidence from the Zahau's. Good faith, whatever Gore.

 

[Serpico]

Sure does seem like SDSO withheld quite a bit of evidence from the Zahau's. Good faith, whatever Gore.

Anything that "tilted" toward the homicide side either was dismissed,overlooked,diminished or withheld.

 

[*Lash*]

Carioca, thank you for putting a list together of the requested items! Seeing it all together in one post makes it clear just how much evidence was withheld from the Zahau's. I know some people believe privacy concerns was the reason SDSO withheld evidence. Many items in the list have absolutely nothing to do with protecting Jonah, Dina, Nina or Adam's privacy. I think it is fair to proclaim the "privacy excuse" is a completely moot point.

 

[Carioca]

Anything that "tilted" toward the homicide side either was dismissed,overlooked,diminished or withheld.

ITA Serpico - IMO the proof of murder is in the autopsy photos, one of many items listed in the Zahau family law suit against Sheriff Gore and Chief ME Wagner.

IMO ME Lucas' findings were cherry picked and the family should have called in the Feds immediately. Lucas stated there were only a handful of MINOR injuries, relatively minor BRUISES on her scalp, and added, seemingly like an afterthought (!!!), a T-shirt STUFFED inside her mouth, which Lucas later went on to justify by saying she didn't want to cry out.

So first she screams HELP HELP, then she changes her mind on that? I don't think so.
:banghead:

A comparison of Lucas' statements vs Dr Wecht's statements after he performed the second autopsy:

Medical Examiner Dr. Jonathan Lucas says Tuesday that a handful of minor injuries were found, but adds in a statement that Rebecca Zahau's death is still being ruled a suicide.

Among the injuries to the 32-year-old were relatively minor bruises on the right side of Zahau's scalp. Also, a T-shirt wrapped around her neck had been stuffed in her mouth.

Lucas says blood found on Zahau's inner thighs was her own and there was no genital trauma.
http://www.10news.com/news/shacknai-attorney-demands-zahau-attorney-stop-remarks

Quoting Dr. Wecht:

"The autopsy itself was thorough, I have no criticism," Wecht said. "It's the findings that were there and some that were not there that … leave me to express grave and serious doubts that the manner of death was suicide."

Wecht, who has conducted more than 17,000 autopsies, suggested Zahau may have been hit on the head before she died of hanging. He told McGraw that four hemorrhages beneath Zahau's scalp aren't explained by a vertical hanging.

"You have to have blunt force trauma," […] "You have something of a rounded, smooth surface that impacts against the scalp, thus not producing a laceration," Wecht said.

Wecht said Zahau may have been knocked unconscious, which could explain why there are not defensive injuries on her body consistent with that of a struggle.

He agreed with the original autopsy report's conclusion that Zahau's cause of death was hanging, but he suggested she might have been placed in the noose.

Wecht also questioned the investigators' conclusion that Zahau had thrown herself over the balcony.

"We have no fracture of the cervical vertebrae [neck]," said Wecht. "That bothers me greatly with this kind of situation."
http://abcnews.go.com/US/coronado-mansion-death-rebecca-zahau-knocked-unconscious/story?id=14955832

I often wonder how ME Lucas manages to look at himself in the mirror. He was visibly uncomfortable during both the Sept 2 press conference and the Nov 17 post-Dr Phil show press briefing. IMO he is a man battling his conscience. I look forward to his deposition in the WDS.

Unless quoted, the above is just my humble opinion.

 

[cynic]

I often wonder how ME Lucas manages to look at himself in the mirror. He was visibly uncomfortable during both the Sept 2 press conference and the Nov 17 post-Dr Phil show press briefing. IMO he is a man battling his conscience. I look forward to his deposition in the WDS.

If you thought he was uncomfortable at the press conferences, wait till the depo.

 

[Carioca]

<Respectfully snipped for focus>
Didn't we hear somebody (DA or AG?) helped the Zahaus recover two pieces of evidence a while back? I don't know what the pieces were, but maybe they were significant in allowing them to move forward before the deadline?

Hi Zinn - It is listed in item E in the evidence lawsuit and it was the AG (thank you AG Harris for this step in the right direction) who helped by locating two previously "missing" audiotaped interviews. It certainly was NOT DA Bonnie Dumanis, and I will refrain from stating my opinion on Dumanis for fear of hurting anyone's ears and other senses.

Now I wonder who was interviewed by Det. Tsuida in Phoenix on July 26 and why that particular audiotape has not been released to RZ's family. Hmmm..

E. The audio, transcript and any notes from a July 26, 2011 interview in Phoenix referred to by Lead Investigator Angela Tsuida in a report dated August 15, 2011. This item is classified as relating to the Max Shacknai investigation while it also mentions Rebecca Zahau. Two previous "missing" audiotaped interviews were located with the assistance of the California Attorney General.

Sorry folks for so many posts. Am trying to get caught up..
:seeya:

 

[*Lash*]

Why would Det. Tsuida, an SDSO investigator, interview anyone in regards to Maxie's investigation? I thought CPD handled Maxie's investigation? Baloney, the interview being classified or labeled as "relating to Max's investigation" is a bogus excuse not to share the interview with the Zahau's, imo. Detective Tsuida was the lead investigator in Rebecca's case.

The interview being withheld took place on July 26th. A mere two days after the cell phone and Rady video surveillance warrants were requested to verify Dina/Jonah's whereabouts. The video surveillance that did not find Dina. I think it is feasible to assume Dina is the interviewee.

 

[*Lash*]

If you thought he was uncomfortable at the press conferences, wait till the depo.

This WILL be another glorious day and I will be from ear to ear!

 

[K_Z]

(snipped for relevance)

Now I wonder who was interviewed by Det. Tsuida in Phoenix on July 26 and why that particular audiotape has not been released to RZ's family. Hmmm..

E. The audio, transcript and any notes from a July 26, 2011 interview in Phoenix referred to by Lead Investigator Angela Tsuida in a report dated August 15, 2011. This item is classified as relating to the Max Shacknai investigation while it also mentions Rebecca Zahau. Two previous "missing" audiotaped interviews were located with the assistance of the California Attorney General.

Why would Det. Tsuida, an SDSO investigator, interview anyone in regards to Maxie's investigation? I thought CPD handled Maxie's investigation? Baloney, the interview being classified or labeled as "relating to Max's investigation" is a bogus excuse not to share the interview with the Zahau's, imo. Detective Tsuida was the lead investigator in Rebecca's case.

The interview being withheld took place on July 26th. A mere two days after the cell phone and Rady video surveillance warrants were requested to verify Dina/Jonah's whereabouts. The video surveillance that did not find Dina. I think it is feasible to assume Dina is the interviewee.

Wow, not that is an interesting detail. The interview took place in Phoenix, and was "referred to" by Det. Tsuida in a report dated Aug 15. I wonder if it is possible Det Tsuida did the interview (Skype, or was flown in to do the interview in person) herself? And "Phoenix" makes me think it could be Jonah and/ or Dina (separately or together), and that the formal, official interview (there is a transcript, AND an audiotape, so it was not a "casual" or informal conversation!) likely took place either at a LE office or an attorney's office.

Perhaps LE was further querying Dina about her whereabouts, once they determined Jonah was seen on security videotapes, but Dina was not? Perhaps that was the interview that caused LE to have to find Dina's story suspicious, and cause them to resort to efforts to triangulate Dina's cell phone to try to establish where she was? Cell phone triangulation is pretty far down the "decision tree" of establishing someone's whereabouts. Just about at the end of the algorithm, IMO. And as we all know, the location of a cell phone is just that-- proof of where the phone was at a given point in time. Concluding that the owner was in possession of the phone is a different level of proof.

Because if there were eyewitnesses that place Dina at Max's bedside during the time in question of her whereabouts, it wouldn't have been necessary to go to the extreme step of triangulating her cell phone. Or if there were notes in the medical records.

Added thought:
What if the Rady staff WERE interviewed, and no one remembered seeing Dina at Max's bedside in the hours in question? Or they remembered seeing her in the PICU, but couldn't say for sure if they saw her on that date at the specific time in question?

What if there is documentation in his records by Max's nurses that his mother left for the night, or left the bedside?

Either of those situations would be legitimate reasons to resort to cell triangulation, IMO.

 

[K_Z]

Two previous "missing" audiotaped interviews were located with the assistance of the California Attorney General.

TWO audiotaped interviews. Yup. That is very interesting.

Apparently no one who "owned" the audiotapes were willing to give them up until the AG "assisted". That's interesting, too.

If I was a betting person, I'd bet a lot of these pieces of evidence (interviews, audiotapes, etc) will be used in the Zahau wrongful death case.

 

[bourne]

Wow, not that is an interesting detail. The interview took place in Phoenix, and was "referred to" by Det. Tsuida in a report dated Aug 15. I wonder if it is possible Det Tsuida did the interview (Skype, or was flown in to do the interview in person) herself? And "Phoenix" makes me think it could be Jonah and/ or Dina (separately or together), and that the formal, official interview (there is a transcript, AND an audiotape, so it was not a "casual" or informal conversation!) likely took place either at a LE office or an attorney's office.

Perhaps LE was further querying Dina about her whereabouts, once they determined Jonah was seen on security videotapes, but Dina was not? Perhaps that was the interview that caused LE to have to find Dina's story suspicious, and cause them to resort to efforts to triangulate Dina's cell phone to try to establish where she was? Cell phone triangulation is pretty far down the "decision tree" of establishing someone's whereabouts. Just about at the end of the algorithm, IMO. And as we all know, the location of a cell phone is just that-- proof of where the phone was at a given point in time. Concluding that the owner was in possession of the phone is a different level of proof.

Because if there were eyewitnesses that place Dina at Max's bedside during the time in question of her whereabouts, it wouldn't have been necessary to go to the extreme step of triangulating her cell phone. Or if there were notes in the medical records.

Added thought:
What if the Rady staff WERE interviewed, and no one remembered seeing Dina at Max's bedside in the hours in question? Or they remembered seeing her in the PICU, but couldn't say for sure if they saw her on that date at the specific time in question?

What if there is documentation in his records by Max's nurses that his mother left for the night, or left the bedside?

Either of those situations would be legitimate reasons to resort to cell triangulation, IMO.

Excellent points, KZ! I didn't even think of the correlation between Phoenix tapes as being interviews of Dina. THANK YOU SO MUCH for the great insight!

I pray to God that the WDS would bring all these missing interview tapes out. It'd be even greater if these audiotapes of the POIs are released. lease:

 

[Zinn]

I'll have to look back at the search warrants since it's been a while, but I do recall a reference to JS being reinterviewed and it seemed to me the info provided in the second interview was a bit different. For instance, IIRC, the first interview stated JS was at the hospital all night, while the second interview stated he went to RMH for several hours. Is it possible the missing interviews were earlier interviews that were later contradicted? I'm curious now. I'll have to review those warrants again. I remember being concerned about those discrepancies.

All of the above is just my opinion.

 

[K_Z]

Copying this post here, as it fits this thread topic better.

[ame="http://www.websleuths.com/forums/showpost.php?p=9837284&postcount=508"]Websleuths Crime Sleuthing Community - View Single Post - Reasons why you think it could be suicide[/ame]


Actually, I thought it was interesting that there were ONLY 50 Does in the WDS filing.

IIRC, there were 100 Does listed in the lawsuit to obtain Rebecca's property, etc. Probably because there are so many employees at so many levels in LE that lots of different people could be the ones responsible to maintain the different items listed. They would each have to be named individually, but are listed as "Does" until it is determined "who" each person is.

Naming "John/ Jane Does" in a lawsuit is not uncommon at all.


[ame="http://en.wikipedia.org/wiki/Fictitious_defendants"]Fictitious defendants - Wikipedia, the free encyclopedia[/ame]

A fictitious defendant is a person that cannot be identified by the plaintiff before a lawsuit is commenced. Commonly this person is identified as "John Doe" or "Jane Doe".

As the statute of limitations for many torts such as medical malpractice is generally very short, plaintiffs under pressure to issue an originating process such as a statement of claim often use contrived names such as John Doe in the title of proceedings and identify the person's role in the lawsuit in the body of the pleading. Generally, this tactic preserves the limitation period and, with leave of the court, the plaintiff can later substitute the real name of the defendant once it is learned during the discovery process.

 

[*Lash*]

I'll have to look back at the search warrants since it's been a while, but I do recall a reference to JS being reinterviewed and it seemed to me the info provided in the second interview was a bit different. For instance, IIRC, the first interview stated JS was at the hospital all night, while the second interview stated he went to RMH for several hours. Is it possible the missing interviews were earlier interviews that were later contradicted? I'm curious now. I'll have to review those warrants again. I remember being concerned about those discrepancies.

All of the above is just my opinion.

SW 11-164 and 11-165 -

Jonah was reinterviewed on July 15th by one of the same detectives, Norton and Tsuida joined him. On the 15th Jonah and Dina would have still be in Coronado.

http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-165.pdf