Rebecca Zahau Wrongful death trial begins. Trial coverage and discussion #4

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cynic

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The Court’s website says the case age is 1565 days.
It’s been a long journey, but the wait is over.

From the Court’s Register of Actions:
Case Information:
Case Number: 37-2013-00075418-CU-PO-CTL
Date Filed: 11/13/2013
Case Title: Estate of Rebecca Zahau vs. Shacknai
Case Status: Pending
Case Category: Civil - Unlimited
Location: Central
Judicial Officer: Katherine Bacal
Case Age: 1565 days
Department: C-69

Attorneys for the Plaintiff: Gaston, Frederick W; Greer, Curtis K

Attorneys for the Defendant: Adkins, Robb C.; Black, Allen; Elsberg, David; Enns, Krista M.; Fick, Ryan R; Robertson, Drew; Vranjes, Mark; Webb, Dan K; Weisburst, Seth

Thread #1

Thread #2

Thread #3


 
Here is the latest interview with Caitlin Rother. http://www.kusi.com/caitlin-rother-on-the-rebecca-zahau-trial/


I'll be interviewing Caitlin and will post the interview later today.

Here is the link to the interviews with Keith Greer. You'll have to scroll past other interviews to get to the first Keith Greer interview.

https://soundcloud.com/tricia-arrington-griffith

If you would like any posts from the first thread brought over please alert on the post and request it be moved to thread 2.

Thank you!
 
So I am supposed to be getting up in two hours and starting my drive to LA. It is a business trip. Staying with my cousin. It's all good.

The reason I am still up is that we had a technical glitch in the first half of Keith Greer's interview. I was going to upload the interview and head to bed. That was over four hours ago.

CLICK HERE to listen to the interview.

If you can help the Zahau family here is the link to their https://www..com/rydrn-justice-for-rebecca

I feel like my head is made out of Jello and my legs have all the stamina of a clump of seaweed.

On Tuesday if I can stop with the Jello/Seaweed feeling thing we will hear from 12 times best selling author Caitliln Rother. Ms. Rother is going to update us on closing arguments which are Monday.

Take Care,
Tricia
 
I hope Tricia doesn't mind that I've transcribed the majority of Keith Greer's latest interview:

TG: Everybody wanted to know why the defense did not call the medical examiner. The person who ruled this a suicide. The medical examiner you would think this person would be the first one the defense calls. Well Mr Greer said it was no surprise to him because every witness from the sheriff’s department that was called by the defense he was able to put massive holes into their suicide theory. Mr Greer is confident that the suicide theory fell apart because of the fact that he was able to show these witnesses and their stories just didn’t match up, didn’t make sense. Greer said he was anxious and couldn’t wait to get the medical examiner on the stand to blow holes through his theory that Rebecca’s death was a suicide.

The ME was supposed to go on the stand Monday March 26[SUP]th[/SUP] and Sunday night Greer received an email saying the defense was withdrawing the ME as a witness. Greer said in his personal opinion it was because of how he was able to blow holes in all of the sheriff’s department witnesses, the defense didn’t want to have the ME’s theory destroyed on cross.

Now let’s go to the second half of the interview, the one that recorded properly, with Keith Greer:

How are you going to explain the fact that Rebecca’s DNA was on the rope and Adam’s was not? That to me seems a very difficult task to take on.

KG: Well it’s interesting cause I learned a lot about DNA during this process and one of the things that all of the DNA experts were clear on was sometimes people don’t leave DNA, particularly after they’ve washed there’s going to be any of the cells that would shed will be cleaned off, and different people shed at different rates, some people shed a lot some people will not at all, so it’s interesting.

Here we have we know that Adam held the knife that cut her down, we know that Adam loosened up the wrist, the bindings on her wrist, and he said he wedged his hand underneath them in order to check her pulse we know that he took the gag out of her mouth we know that he says he gave her mouth to mouth resuscitation, he said he gave her chest compressions, so we’ve got him touching her all over after she’s hanged, but there’s no DNA. So it’s a question of did he not do that stuff? Well we know she’s cut down, we know there’s a knife there we know he’s touched it, we know the ropes are loose on her hands, there’s evidence that what he’s saying is true, yet no DNA.

And so part of it is where it’s tested, I know the rope on the bed, that’s tying the rope to the bed, they didn’t test in my opinion where the person who looped the rope around the bedpost would have been touching the rope. They tested a knot that wasn’t even associated with the rope being looped around the bed.

So part of it is where they test, where they do the swabbing, part of it is does the person leave DNA? Adam said that he showered that night and he also said he showered that morning. So we have both cases, if in fact he was there that evening then he had already showered just like he did the next morning he didn’t leave any DNA the next morning. What makes us [can’t hear] the night before?

Interestingly he had no idea. If it was in fact him he did not have any idea that he wasn’t a shedder of DNA because he wiped off everything. The door knobs in and out of the room, no fingerprints no DNA, you can see on the doorframe on the door itself the area that’s been wiped clean cause the door’s white and there’s powder, the fingerprint powder shows up 8” above the door knob and 8” below there’s all kinds of powder yet it’s really clean white and the whole area of the door and around the door knob and on the door knobs themselves where it’s been wiped. No DNA on the paintbrushes, if Rebecca painted that herself you’d expect her DNA on there, there’s nobody’s. No DNA on the paint tube that was squeezed 20 some odd times to get that paint out, if Rebecca painted it you’d expect to have her DNA on there. And it’s not. So same with the knives that you’d expect her DNA, her fingerprints are on the carving knife, as if she’s holding the blade facing towards her and no DNA of hers on the handle, which is a porous surface, so I think the DNA evidence helps show that it was murder. Because if you’re gonna commit suicide are you gonna be wiping off, I don’t even know if she could, in the order that things were done.

TG: Finally, the judge decided to not give the jury the option to separate the two questions. So now I’m gonna give you a scenario here, let’s say there’s somebody that absolutely believes it was murder but they just can’t wrap their mind around the fact that there’s no physical evidence of Adam. Do they then have to say the preponderance of the evidence does not convict this person?

KG: [crosstalk] they jump right to Adam. First question is, uh not quoting it exactly, did Adam Shacknai touch Rebecca Zahau in a harmful or offensive manner? Yes or no. Did that conduct cause her death? Those are the first two questions. So the jury doesn’t get to say it was murder but we’re not sure who it was, it’s right to ‘did Adam do it’.

TG: The other thing too, I’m trying to think if I was on that jury, I might say ok the evidence really does show it was murder, he’s the only one that could’ve done it, even though there’s no physical evidence though it’s explained why there is no physical evidence, and we’re not sending him to death or to jail, it’s civil...

[snipped]

KG: When it comes to punitive damages those have to be proven by clear and convincing evidence so it’s more of a challenge obviously to meet the clear and convincing standard.

TG: So if they come back with $100 punitive that would give you an indication that maybe they weren’t quite sure about Adam.

KG: Well they’d probably come back with zero, it would either be something substantial or zero, they have to find that it’s clear and convincing first and if they do find that then they can come back with the larger number, but they may put a very large value on the damages caused by her mother losing her 32-year old daughter who was definitely a very important part of her life, taking care of her, consoling her, taking care of her financially, emotionally, it was a very strong relationship, so they could put a big number on that.

TG: How long do you think, I know this is a question that’s very difficult to answer, but normally what do juries take, 2 - 3 days maybe?

KG: Yeah, it could, I think they first come in they probably all I presume the vast majority say it’s murder if not all of them, I think all should but maybe there’ll be a straggler or some unique person in there that doesn’t, and then the next step of who else could it be? The defense on closing argument will probably throw out a few names of people that it could be, but then I think if the jury look at it and say there’s no evidence of those people, there’s no handwriting, no knot-tying, no motive, it looks like the only evidence we have is Adam and there’s nothing about anyone else, if they look at it logically and apply the law cleanly it shouldn’t be that long a process. I’d expect it by the end of the day on Tuesday.

TG: But don’t they, if they say it’s murder, they have to pretty much say it was Adam don’t they? They have to be either he is culpable or he’s not?

KG: Yeah, murder’s not even a question, I’m gonna recommend to the jury that they do that, just get that out the way, cause it changes how you look at the evidence. If you believe that it is murder you look at the evidence very differently than if you believe it’s suicide. Cause if you believe it’s murder then all of a sudden a lot of questions are answered, ‘cause she didn’t do this herself, so then the question is who did it? Who, other than her, did it? And then what evidence we have appears to point to Adam. Unless you take what the defense experts say which says the other evidence points to nobody. The door can’t be compared, the writing on the door can’t be compared to anything, and anybody could have tied the ropes that way, and he’s just an unusual guy and his mannerisms when he saw the body that morning, it’s open to interpretation. It’s a challenging case. But I think looking at the evidence it weighs in our favor, and hopefully the jury believes so too.
 
Most everyone is appalled that Rebecca was left uncovered on the lawn for a lengthy amount of time. Those sentiments are understandable. Expressing opinions about how the investigation appears to have been flawed, such as that some items of evidentiary value were not tested or collected, is fine. However, to take those emotions a step further and accuse law enforcement of taking bribes, colluding, conspiracy, turning a blind eye to murder, corruption, being an accessory to murder after the fact is way out of line.

Continuing to do so will result in the loss of posting privileges.

There is NO proof any of that occurred, NO links to a federal investigation into corruption in that department and not a theory being presented in the civil trial.

Websleuths assists and collaborates with some law enforcement agencies in cases. We have members who are verified law enforcement officers. Condoning or allowing unproven accusations, sentiments, speculation, innuendo, would be detrimental to our partnerships with law enforcement.
 
I agree 100 percent with Harmony.
Believe me if there had been the slighest bit of evidence Keith Greer would have brought it up.

There is plenty to talk about without making unfounded accusations.
Enjoy your weekend.
Tricia
 
From the just closed thread, justice be served asked:

"Why do the suiciders keep repeatedly bringing up the subject of appeals? And independently too? Interesting."

Imo, it's because they know Mr. Greer has annihilated the ruling of suicide, right along with several *expert* defense witnesses. From Tortoise's transcription of parts of Tricia's most recent interview with Mr. Greer (thanks, Tortoise!):

KG: Yeah, murder’s not even a question, I’m gonna recommend to the jury that they do that, just get that out the way, cause it changes how you look at the evidence. If you believe that it is murder you look at the evidence very differently than if you believe it’s suicide. Cause if you believe it’s murder then all of a sudden a lot of questions are answered, ‘cause she didn’t do this herself, so then the question is who did it? Who, other than her, did it? And then what evidence we have appears to point to Adam. Unless you take what the defense experts say which says the other evidence points to nobody. The door can’t be compared, the writing on the door can’t be compared to anything, and anybody could have tied the ropes that way, and he’s just an unusual guy and his mannerisms when he saw the body that morning, it’s open to interpretation. It’s a challenging case. But I think looking at the evidence it weighs in our favor, and hopefully the jury believes so too.
 
Question- can anyone remind me- some have posted yes and no so I’m a bit confused. when AS was questioned by LE initially, was he asked if he had masturbated that morning or did he divulge that information without being promoted?

If he divulged this withoutbwimg asked my theory is that perhaps he had raped RZ with the knife handle as he was masturbating. (So sorry for being so graphic) it would explain no semen in her vagina, and his admitting to it could be his way of explaining any semen found at the scene. Remember- he wouldn’t have known that LE wasn’t going to dna test the guest house. RZ injuries do not tell the story of free fall hanging. I believe he brought her down and lifted her from above to either stage a hanging or strangle her that way. Hence taking her to the guest house to abuse her before the hanging/strangulation.

All is just my opinion, and my apologies again for being so graphic.
 
I am hoping the jury will consider these factors...

The complete ‘overkill’ scenario of an elaborately hand and foot bound, gagged body as a suggested suicide

The medical evidence of one of the worlds most renowned forensic pathologists of blunt force trauma and strangulation indicated in the cause of death

The known emotional stressors in the last interactions between RZ and AS

AS being the last known person to see RZ alive

RZ’s body being discovered by AS

AS unfettered and private access to RZ during her last hours of life

AS having reason to be upset with RZ ( the serious and life threatening injury to his nephew whilst in her care)

AS unfettered and private access to the scene of death

The complete lack of DNA and fingerprint evidence in numerous expected situations

The lack of alibi for AS

The vehement denial of knot tying ability by a professional tugboat captain who has passed proficiently examinations in knot tying

The inconsistencies in the 911 call and AS course of action

The discrepancies between AS depositions and testimony ...

These are all credible, powerful situational and relational elements worthy of important consideration.



Sent from my iPad using Tapatalk
 
Another question- was AS phone ever looked at for this Asian *advertiser censored*? Or did LE just take his word for it?

It’s so frustrating that the master bedroom, bathroom and guest house was never properly processed. I mean RZ slept in the master bedroom and LE believes she took a shower in the bathroom before she dies. And the only other person present stayed in the guest house. I just don’t get it. And I don’t understand LE’s prior explanations for this. I know the house is big, but these three rooms are so important in this case.
 
So my question to the <modsnip> remains: to what do you attribute that no ME could have come to the scene for 13 hours? Do you think that 13 hour delay made any difference in their analysis? I really have seen no real answer but I might have missed it! I wouldn&#8217;t want those key elements to not be dealt with by the <modsnip>.
 
So my question to the <modsnip> remains: to what do you attribute that no ME could have come to the scene for 13 hours? Do you think that 13 hour delay made any difference in their analysis? I really have seen no real answer but I might have missed it! I wouldn&#8217;t want those key elements to not be dealt with by the <modsnip>.


I believe the answer was given that there was some sort of conference and no one was available. But I don&#8217;t think it&#8217;s correct to say that others were not 9n the scene taking and processing evidence.

I find it reprehensible that RZ was not protected by a tarp wehen some individuals gathered on a rooftop (as I have read here) and when helicopters flew over. But the way this issue is discussed is as if she lay there and everyone just stood around. The Medical Examiner is not a one man show. Others were doin g their jobs. And the collections of evidence they made were not 12 hrs old or corrupted.
 
This case has become one of dueling experts. All of us can pick the expert opinion we want to believe. What is indisputable is that there is no tanigable evidence of AS at the scene...no dna and no fingerprints.

I read Mr Greer&#8217;s explanation of DNA. But he cannot explain away the absence of fingerprints. The wipe down he alleges is a small area of the door and the Defense expert has numerous reasons why the powder may not have adhered. I don&#8217;t believe in Magic dryer sheets.

That leaves a very large &#8220;crime&#8221;scene with no fingerprints, or trace evidence. Greer feels he has proven murder and AS was the only guy around. But crimes of opportunity happen when doors to homes...much less mansions...are left open. Anyone who read of the terrible injury to the son of the owner might conclude it was an opportunity to rob while the owners were at the hospital.

I could not remove everything this man has worked for and give it to the Zahaus without actual evidence...that&#8217;s not the Justice.
 
This case has become one of dueling experts. All of us can pick the expert opinion we want to believe. What is indisputable is that there is no tanigable evidence of AS at the scene...no dna and no fingerprints.

I read Mr Greer’s explanation of DNA. But he cannot explain away the absence of fingerprints. The wipe down he alleges is a small area of the door and the Defense expert has numerous reasons why the powder may not have adhered. I don’t believe in Magic dryer sheets.

That leaves a very large “crime”scene with no fingerprints, or trace evidence. Greer feels he has proven murder and AS was the only guy around. But crimes of opportunity happen when doors to homes...much less mansions...are left open. Anyone who read of the terrible injury to the son of the owner might conclude it was an opportunity to rob while the owners were at the hospital.

I could not remove everything this man has worked for and give it to the Zahaus without actual evidence...that’s not the Justice.

The problem is that the master bedroom and bathroom was not processed for fingerprints or dna. So no one really knows if any other areas were wiped down. I understand the house is huge, but to not test those two rooms- which LE admits they believe RZ was in these rooms prior to death AND saw blood in the bathroom which was never sampled is unacceptable. Just like we will never know if women’s clothing and underwear found in the guesthouse was Rebecca’s as LE decided not to process the guesthouse and take JS word on this. This whole thing is unacceptable procedures of the LE.

To also not have a backup plan put in place when the ME is travel king and not readily available. I feel terrible that because of this RZ’s friends and family had to watch footage of her body being plastered all over every tv station for 13 hours. I also feel bad for any other citizen that unfortunaley was victim of a crime or deceased loved one because of this failure that day.

MOO
 
I had sleepovers when I was a teenager. Even with super rich kids.
I don't ever remember throwing my underwear away there.
What am I missing?
 
Question- can anyone remind me- some have posted yes and no so I’m a bit confused. when AS was questioned by LE initially, was he asked if he had masturbated that morning or did he divulge that information without being promoted?

If he divulged this withoutbwimg asked my theory is that perhaps he had raped RZ with the knife handle as he was masturbating. (So sorry for being so graphic) it would explain no semen in her vagina, and his admitting to it could be his way of explaining any semen found at the scene. Remember- he wouldn’t have known that LE wasn’t going to dna test the guest house. RZ injuries do not tell the story of free fall hanging. I believe he brought her down and lifted her from above to either stage a hanging or strangle her that way. Hence taking her to the guest house to abuse her before the hanging/strangulation.

All is just my opinion, and my apologies again for being so graphic.

To my knowledge, he offered the masturbating to *advertiser censored* detail without prompting, and imo, there was absolutely a reason he mentioned it, and that reason had nothing to do with him "just being honest about his activities that morning."
 
The problem is that the master bedroom and bathroom was not processed for fingerprints or dna. So no one really knows if any other areas were wiped down. I understand the house is huge, but to not test those two rooms- which LE admits they believe RZ was in these rooms prior to death AND saw blood in the bathroom which was never sampled is unacceptable. Just like we will never know if women’s clothing and underwear found in the guesthouse was Rebecca’s as LE decided not to process the guesthouse and take JS word on this. This whole thing is unacceptable procedures of the LE.

To also not have a backup plan put in place when the ME is travel king and not readily available. I feel terrible that because of this RZ’s friends and family had to watch footage of her body being plastered all over every tv station for 13 hours. I also feel bad for any other citizen that unfortunaley was victim of a crime or deceased loved one because of this failure that day.

MOO

When anyone posts there issues with things not tested, I can understand the frustration. But I could not vote to label a man a murderer and financially ruin him because there MIGHT HAVE BEEN something there.

For whatever reason, the plaintiffs do not have that evidenc3 and NO ONE can say any evidence exists. You just can’t. You can say you are frustrated but you can’t say for sure that you would definitely have found anything.

That’s too low a bar for me.
 
<snipped to address>

TG: Everybody wanted to know why the defense did not call the medical examiner. The person who ruled this a suicide. The medical examiner you would think this person would be the first one the defense calls. Well Mr Greer said it was no surprise to him because every witness from the sheriff&#8217;s department that was called by the defense he was able to put massive holes into their suicide theory. Mr Greer is confident that the suicide theory fell apart because of the fact that he was able to show these witnesses and their stories just didn&#8217;t match up, didn&#8217;t make sense. Greer said he was anxious and couldn&#8217;t wait to get the medical examiner on the stand to blow holes through his theory that Rebecca&#8217;s death was a suicide.

The ME was supposed to go on the stand Monday March 26[SUP]th[/SUP] and Sunday night Greer received an email saying the defense was withdrawing the ME as a witness. Greer said in his personal opinion it was because of how he was able to blow holes in all of the sheriff&#8217;s department witnesses, the defense didn&#8217;t want to have the ME&#8217;s theory destroyed on cross.

BBM. More from Tortoise's transcription/notes on Tricia's interview w/Mr. Greer.

Imo, this is also why we're hearing talk of appeals from the other side.
 
I believe the answer was given that there was some sort of conference and no one was available. But I don’t think it’s correct to say that others were not 9n the scene taking and processing evidence.

I find it reprehensible that RZ was not protected by a tarp wehen some individuals gathered on a rooftop (as I have read here) and when helicopters flew over. But the way this issue is discussed is as if she lay there and everyone just stood around. The Medical Examiner is not a one man show. Others were doin g their jobs. And the collections of evidence they made were not 12 hrs old or corrupted.

It is correct that the authorities were collecting evidence earlier. In fact earlier posts indicate, and I believe it needs to be confirmed on the exact time, photos were taken some 3 hours after the 911 call demonstrating that Rebecca’s body was indeed showing lividity in a manner not consistent with a straight hanging around 10:00 a.m. So I would agree with you on that point of processing the scene.

As to processing her body though, I don’t think it is correct that she was examined until the ME arrived – almost 20 hours after her ETD. Way too long for the medical examination to be valid IMO and per publlished literature posted somewhere on these threads.

Thank you for responding.
 
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