Rebecca Zahau Wrongful Death/ADAM SHACKNAI FOUND RESPONSIBLE #6

[Seattle1]

Can Parties Use Settlement Agreements to Vacate a Prior Judgment?

The District Court held that by voluntarily entering into the Settlement Agreement, the parties had forfeited their right to seek vacatur. The District Court reasoned that vacatur should only be granted when it serves a public interest, which, it said, was absent in this situation.

U.S. Bancorp Mortgage Company v. Bonner Mall Partnership

 

[Mica]

Wow, wow, wow!

I'm so proud for Keith Greer -- the little engine that could... AS high profile legal team were left stunned today by news of the settlement reached outside of the verdict. Yes!!

Yes the little engine that could outsmarted the high powered locomotive. That in itself is justice!

 

[Jessica2012]

With the settlement, the judge dismissed the case but noted that the verdict against Shacknai would remain. An attorney for Shacknai says while the verdict did happen, it now lacked legal standing and Shacknai says his "name is cleared.

Link contains interview with Adam Shacknai discussing his innocence.

Adam Shacknai grants his first sit-down interview with local media

 

[Tortoise]

Can Parties Use Settlement Agreements to Vacate a Prior Judgment?

The District Court held that by voluntarily entering into the Settlement Agreement, the parties had forfeited their right to seek vacatur. The District Court reasoned that vacatur should only be granted when it serves a public interest, which, it said, was absent in this situation.

U.S. Bancorp Mortgage Company v. Bonner Mall Partnership

So I shouldn't be surprised...but I am. So lawyer Weisburst LIED to the press? Tut tut. His quote "It's as if that never happened". Weasels.

We see the real reason for Shacknai's anger. And his twitter supporter. The verdict stands, forever.

 

[Seattle1]

So I shouldn't be surprised...but I am. So lawyer Weisburst LIED to the press? Tut tut. His quote "It's as if that never happened". Weasels.

We see the real reason for Shacknai's anger. And his twitter supporter. The verdict stands, forever.

Haaaa.

Liar, liar, pants on fire!!

And there's a big difference in "my judgement's been vacated" (i.e., paid/satisfied) versus the "verdict vacated."

 

[RANCH]

I wonder why the family settled. Were they worried that Shacknai would win on appeal?

The award of 5.1 million dollars would have paid for all the lawyers needed to fight to the end if they were confident of winning. JMO

 

[Jessica2012]

I agree, Ranch. 100%.

Here is more from Adam Shacknai:

“Shacknai reiterated that law enforcement ruled the woman’s death a suicide, and had harsh words for the civil court system regarding the trial and Wednesday’s result
Shacknai reiterated that law enforcement ruled the woman’s death a suicide, and had harsh words for the civil court system regarding the trial and Wednesday’s result.

Outside the courtroom, Shacknai, who not involved with the settlement, maintained his innocence and told reporters that Zahau’s family “did this partially for the money, but partially so they did not have to show up in church, and have people look at them and think `Our daughter committed suicide.”‘
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https://timesofsandiego.com/crime/2...with-family-agreeing-to-insurance-settlement/

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[kay74]

I agree, Ranch. 100%.

Here is more from Adam Shacknai:

“Shacknai reiterated that law enforcement ruled the woman’s death a suicide, and had harsh words for the civil court system regarding the trial and Wednesday’s result
Shacknai reiterated that law enforcement ruled the woman’s death a suicide, and had harsh words for the civil court system regarding the trial and Wednesday’s result.

Outside the courtroom, Shacknai, who not involved with the settlement, maintained his innocence and told reporters that Zahau’s family “did this partially for the money, but partially so they did not have to show up in church, and have people look at them and think `Our daughter committed suicide.”‘

<modsnipped copyright infringement>


https://timesofsandiego.com/crime/2...with-family-agreeing-to-insurance-settlement/

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The verdict still stands. I don't know who killed her but I find it hard to believe she committed suicide in such a bizarre way and with those boaters knots. You sure AS wasn't drinking the night before. People who are inebriated forget what they did, sometimes totally!

 

[Jessica2012]

They weren’t boaters knots. They were simple knots that even birds and monkeys can tie.

The SDSO and three other agencies investigated the death throughly - and then had a review that involved three agencies after the Civil trial. They and the Medical Examier stand by the suicide ruling.

 

[Betty P]

I wonder why the family settled. Were they worried that Shacknai would win on appeal?

The award of 5.1 million dollars would have paid for all the lawyers needed to fight to the end if they were confident of winning. JMO

JMO, they want to move on to the Medical Examiner, petitioning him to review the evidence and change the cause of death. Their ultimate goal is for justice, to see Rebecca's killer convicted and sent to jail.

The civil trial was a means to go around the SDSO and reveal all the facts in court - the crime scene and physical evidence that shows RZ was murdered. Evidence that was left out or glossed over in the initial report. We know it took several years to bring that suit to trial, thanks to the delaying tactics by Adam and Dina's attorneys. The same thing was going to happen in the appeals process - more years of delays and inaction. Big legal fees, etc. The end result would have been the same - the civil verdict against Adam would stand, but no progress would be made in resolving the case and punishing the guilty party(s).

JMO, it's a smart move as Greer and the Zahaus now turn to the ME's report and finding a way to bring criminal charges. The ME will have a difficult time explaining the evidence of sexual assault with the knife handle, the double set of strangulation marks, the cuts on RZ's fingers from using the big kitchen knife to cut the rope bindings off her wrists, etc. If they succeed, Adam may go on trial for murder. That's the ultimate goal.

 

[Betty P]

They weren’t boaters knots. They were simple knots that even birds and monkeys can tie.

The SDSO and three other agencies investigated the death throughly - and then had a review that involved three agencies after the Civil trial. They and the Medical Examier stand by the suicide ruling.

Most of the investigation, probably close to 90%, was conducted by SDSO and the ME's office. Neither of the other agencies (Coronado PD, California AG or FBI) has studied the case files. The only experts who reviewed the knots, IIRC, were the ones hired by Greer.

 

[Jade]

Adam sure is reveling in dropping his dumb fumbling bumpkin act he tried on the 911 call. Trying to show he is not the lesser brother after all.

And wasn’t he kind to be ok with RZ such a dear.

But far too busy being a loser to waste his time killing her.

Quite amusing his little outburst of arrogant narcissism and maybe he should try plumping his head like his brother he is looking a bit gaunt makes him look sketchy almost as if he is lying.


All IMO

 

[nanwv]

Keep talking Adam!

 

[nanwv]

I assume you're forgetting the part of the trial when Greer revealed that Rebecca's sister refused a financial settlement from Jonah because she wanted answers about her sister's death and justice for the person(s) who killed her.

With the civil trial and the investigation by Greer that led up to it, she did finally get answers about her sister's death. Not much in the way of justice, though. Unlike the Shacknai family, Rebecca's family are working class. They don't have a lot of money to keep paying attorneys for years.

JMO, this case is a good, but rare example of how sometimes lower income people do prevail in court. Sometimes, not often, the wealthy and powerful don't manage to buy or bully their way out of trouble.

Rebecca's family are so fortunate to have an attorney of Greer's caliber. Those without and going against shacknai money, have a fierce uphill battle. So happy they both had the fortitude to keep on truckin' for the truth.

 

[Seattle1]

I wonder why the family settled. Were they worried that Shacknai would win on appeal?

The award of 5.1 million dollars would have paid for all the lawyers needed to fight to the end if they were confident of winning. JMO

You're kidding, right?

The judgement awarded by the jury at $5.1 million was against AS, and not brother JS.

A judgement is only worth the paper it's written on -- collecting it is another story.

AS is not a wealthy man. He's working class, and by all accounts would never be able to pay a fraction of this award. In fact, he could have quit his job, and claimed destitute, and never pay anything.

It's a fact, the ZAHAU FAMILY NEVER SUED FOR FINANCIAL GAIN.

 

[Jessica2012]

Most of the investigation, probably close to 90%, was conducted by SDSO and the ME's office. Neither of the other agencies (Coronado PD, California AG or FBI) has studied the case files. The only experts who reviewed the knots, IIRC, were the ones hired by Greer.

Do you have a link that show’s that close to 90% of the investigation was conducted by SDSO and the ME? With four agencies working on the case, that seems unlikely to me.

Thanks.

 

[Jessica2012]

Here is a very informative radio interview with Adam Shacknai, where he talks about how the Zahaus and Greer settled to make money (also remember that Greer took 100k from Nina Romano’s insurance company when he KNEW she had nothing to do with Rebecca’s death).

“Shacknai and Larson discussed Greer’s comments as well.

"We’ll see if Greer can kind of keep working the house. He definitely worked the house as far as the civil court system went,” Shacknai said making the analogy to a gambler beating a casino's (house) odds of winning.”




Adam Shacknai speaks out following settlement in Zahau civil case

 

[Tortoise]

A jury found AS responsible for Rebecca's murder. Their verdict still stands. It doesn't matter how many times he protests otherwise to the media.

His insurers settled the case after the judge made a tentative ruling that there had been no jury misconduct, that there was enough evidence to support the jury's findings, and that he should not have a new trial.

A jury decided the SDSD and the ME concluded wrong. There is no reason to think that a jury would not decide the same in a criminal trial where the DA is pressing charges and not defending an inadequate investigation.

Contrary to what some may think, the SDSD investigation and farcical non-independent re-investigation overseen by the exact same guy, does not mean a thing in terms of guilt or not, and never will. The only deciders of that are a jury in a criminal trial.

Anyone who doesn't want to see that is not on the side of transparent justice, and would in effect agree that citizens should not have any rights to demand independent enquiry of LE's work. That paves the way for a corrupt system.

 

[Jessica2012]

I don’t agree with you, Tortoise. A verdict cannot remain when the case is dismissed. When a case is dismissed, it is if it never happened.

I also don’t agree abou the SDSO investigation and I do happen to be on the side of transparent justice. With all of the talk of how corrupt the SDSO is here in these threads, I simple do not believe that, and there has not been one iota of evidence to support that. I don’t bash the hard working people who have trained for years so that they can serve their community and fight crime. There simply was no crime in this matter.

The rush to judgement came from those that believed it was murder from the very beginning, and because of confirmation bias, refused to believe the concrete evidence that the SDSO laid out.

I happen to respect law enforcement, and their expertise in these matters. I am thankful the SDSO has been so professional and think it is horrible that ordinary citizens think they know better than these extraordinary public servents.

 

[Jessica2012]

The Zahaus and Greer bailed before Adam could file in Appeals Court. They knew the chances of getting a Judge as incompetent and biased as Katherine Bacall was minisule and they would not prevail, IMO.

As for a criminal trial, the evidence Greer invented would never stand up to the standards for criminal prosecution. The Zahaus and Greer are taking the money and running. That’s all this is.