Rebecca Zahau Wrongful Death/ADAM SHACKNAI FOUND RESPONSIBLE #6

[Tortoise]

KSBW also asked Gore if he changed his mind about reopening the Zahau case because his political challenger had suggested he would reopen the case, Gore said he was saddened to see the Zahau family and their attorney bring politics into the investigation.

[...]

"If you look at things associated with the crime, not even Rebecca's DNA or prints are on them," Greer said. "I think that's the most significant aspect."

Adam Shacknai issued a statement via his legal representation shortly after Sheriff Gore made his decision public.
[...]

More to read at link

https://www.nbcsandiego.com/news/loc...479935363.html

[Tortoise]

https://twitter.com/PhilBFox5

On @fox5sandiego News at 10 @FeliciaNews interviews #RebeccaZahau family attorney @GreerLawyer about @SDSheriff decision to review evidence in case. The review expected to last at least 90 days

[Tortoise]

"One of the collateral benefits of us having the civil verdict is that the public is now scrutinizing this and with that, the sheriff is really going to be compelled to do a bang-up job," Greer said. "Whatever decision he comes up with is going to have to be supported by the evidence and have to be explained and since we know the evidence so well, I'm very confident that when this group gets done looking at this evidence, they are not going to say it's suicide."

Greer said a review of the case is just the beginning. The Zahau family also wants the Sheriff's Department to reopen the investigation.

http://fox5sandiego.com/2018/04/16/s...ca-zahau-case/

more to read at link

[Tortoise]

The statement released Monday doesn’t retract the earlier statement about the Medical Examiner’s Office finding or say the case is being reopened. Rather, it said evidence will be reviewed in light of how it was analyzed in court.

[...]

“I think it’s a first step in the right direction,” Greer said, adding that he believes the next step will be to fully reopen the case, which he had said was the goal of the lawsuit.

http://www.sandiegouniontribune.com/...416-story.html

[Tortoise]

Myers criticized Gore for not revisiting the case Monday night.


"He's had the evidence for seven years," he said. "That's not changed. He's had the family asking him for seven years to look at it. But it took a civil trial, nine jurors and Dave Myers running for sheriff."


Gore did not respond to a request to respond to Myers on Monday night.


Greer said Zahau's sister, Mary Zahau-Loehner, and Zahau-Loehner's husband, Doug Loehner, were "cautiously optimistic" that the sheriff's decision to review evidence would lead to reopening the case.

http://www.latimes.com/local/lanow/s...416-story.html

[Betty P]

• San Diego Sheriff's Department to 'review' Rebecca Zahau case

April 16, 2018

http://www.cbs8.com/story/37970132/s...ecca-zahaucase

• Sheriff's Department to review Zahau death following civil trial decision

April 16, 2018

http://www.sandiegouniontribune.com/...416-story.html

• Sheriff’s Department to review Rebecca Zahau case

April 16, 2018

http://fox5sandiego.com/2018/04/16/s...ca-zahau-case/

• San Diego County Sheriff's Department to undertake 'fresh review' of Zahau case

April 16, 2018

https://www.10news.com/news/san-dieg...-of-zahau-case

Well that's interesting. I'm still skeptical though.

The statement released Monday doesn’t retract the earlier statement about the Medical Examiner’s Office finding or say that the case is being reopened. Rather, it said evidence will be reviewed in light of how it was analyzed in court.

Gore is still insisting there is "no new evidence", which really isn't true, IMO. I don't think he will change his mind on this.

He also says the "review" should take about 90 days, enough to get him past election day.

Gore's statement, per links above

The Sheriff's Department has continually indicated its willingness to reevaluate the Rebecca Zahau case if new evidence was presented.

After a productive conversation with the family's attorney, Keith Greer, Sheriff Bill Gore determined that, while no new evidence was presented, new analysis of existing evidence was presented in the recently concluded civil trial. In the spirit of transparency and open-mindedness, we have agreed to undertake a fresh review of the case, by investigators who have had no prior involvement with the case, to evaluate the new information.

Without having the materials and reports from the civil attorney in front of us at this time, it is difficult to say how long this review will take; however, we expect it will take at least 90 days.

When our investigation is complete, we will meet with the family's attorney to discuss our findings. Ultimately, the cause and manner of death, in any case, is determined by the Medical Examiner. In San Diego County, the Medical Examiner's Office is an independent entity and separate from the Sheriff's Department.

ETA: There was a link in a post from a few hours ago that disappeared, so I'll add it here:

http://www.latimes.com/local/lanow/s...416-story.html

[*Lash*]

A “review” with a new set of eyes, conveniently during an election year. A year where there is an actual running mate promising to “reopen” Rebecca’s case.
Okie dokie, Sheriff!

JMHO!

[*Lash*]

Myers criticized Gore for not revisiting the case Monday night.

"He's had the evidence for seven years," he said. "That's not changed. He's had the family asking him for seven years to look at it. But it took a civil trial, nine jurors and Dave Myers running for sheriff."

Gore did not respond to a request to respond to Myers on Monday night.

http://www.latimes.com/local/lanow/s...416-story.html

THIS

[Brit]

"One of the collateral benefits of us having the civil verdict is that the public is now scrutinizing this and with that, the sheriff is really going to be compelled to do a bang-up job," Greer said. "Whatever decision he comes up with is going to have to be supported by the evidence and have to be explained and since we know the evidence so well, I'm very confident that when this group gets done looking at this evidence, they are not going to say it's suicide."

http://fox5sandiego.com/2018/04/16/s...ca-zahau-case/

Greer is smart by saying this. Because of the civil suit verdict handed down, the Sheriff's office is opening themselves up to scrutiny with this review. They will need to really explain the reasoning for their decision of reopening this case. If they decide not to reopen, Greer has a ton of ammunition to throw at them because of the civil suit outcome. I know that the standards for a civil and criminal case are different, but Greer was able to get a jury to vote to hold Adam liable. And he did this using the very same evidence that the LE has already had all this time. Obviously this is a political move on Gore's part, but I am not so sure it is to his benefit. When they announce the results of their reviews, they will need to make explanations for every piece of evidence Greer has provided.

Greer has said that he will also be providing all trial records etc to LE. I am interested to see what the new ME will think once he looks at Dr. Wecht's autopsy results. The letter Wecht wrote explaining his reasons for his conclusions was very strong and a powerful tool that helped Greer tremendously in his closing. Just reading that letter made everything seem so clear and rational.

[Inparadise]

"One of the collateral benefits of us having the civil verdict is that the public is now scrutinizing this and with that, the sheriff is really going to be compelled to do a bang-up job," Greer said. "Whatever decision he comes up with is going to have to be supported by the evidence and have to be explained and since we know the evidence so well, I'm very confident that when this group gets done looking at this evidence, they are not going to say it's suicide."

http://fox5sandiego.com/2018/04/16/s...ca-zahau-case/

Greer is smart by saying this. Because of the civil suit verdict handed down, the Sheriff's office is opening themselves up to scrutiny with this review. They will need to really explain the reasoning for their decision of reopening this case. If they decide not to reopen, Greer has a ton of ammunition to throw at them because of the civil suit outcome. I know that the standards for a civil and criminal case are different, but Greer was able to get a jury to vote to hold Adam liable. And he did this using the very same evidence that the LE has already had all this time. Obviously this is a political move on Gore's part, but I am not so sure it is to his benefit. When they announce the results of their reviews, they will need to make explanations for every piece of evidence Greer has provided.

Greer has said that he will also be providing all trial records etc to LE. I am interested to see what the new ME will think once he looks at Dr. Wecht's autopsy results. The letter Wecht wrote explaining his reasons for his conclusions was very strong and a powerful tool that helped Greer tremendously in his closing. Just reading that letter made everything seem so clear and rational.

It would appear that Gore is between a Rock and a hard place. And when you factor in that the Republican Party is NOT endorsing him in the upcoming election...........

[Tortoise]

When they approach the review with this statement you know already what they will say at the end. It's disingenuous IMO.

“When our investigation is complete, we will meet with the family’s attorney to discuss our findings,” McClain said. “Ultimately, the cause and manner of death, in any case, is determined by the Medical Examiner.”

https://timesofsandiego.com/crime/20...-zahaus-death/

[Lilibet]

Anyone on the “new team” reviewing the evidence is going to be under tremendous (unspoken) pressure to reach the same conclusion of suicide as before. I don’t see that there is any way they will feel comfortable disgracing Gore (unless they’re all on Team Myers). The evidence should be looked at by an independent agency with no ties to Gore and no prior detailed knowledge of the case. But I guess this is a start, as Greer said.
JMO

[Brit]

How common is it to win a wrongful death civil suit, when there are no criminal charges and the cause of death is determined to be a suicide by LE? And does anyone know if it is common for wrongful death suits to lead to criminal charges?

[Mica]

Anyone on the “new team” reviewing the evidence is going to be under tremendous (unspoken) pressure to reach the same conclusion of suicide as before. I don’t see that there is any way they will feel comfortable disgracing Gore (unless they’re all on Team Myers). The evidence should be looked at by an independent agency with no ties to Gore and no prior detailed knowledge of the case. But I guess this is a start, as Greer said.
JMO

Isn’t there a new Chief Medical Examiner for San Diego County, Dr. Glenn Wagner? Will he be part of the “new team” reviewing old and new evidence? If so, perhaps he will conclude the findings warrant a re-opening of the case. I also believe an independent agency should be involved in reviewing the case. JMO

[Lilibet]

Isn’t there a new Chief Medical Examiner for San Diego County, Dr. Glenn Wagner? Will he be part of the “new team” reviewing old and new evidence? If so, perhaps he will conclude the findings warrant a re-opening of the case. I also believe an independent agency should be involved in reviewing the case. JMO

Gore made a point of saying that the medical examiner’s department is totally separate from SDSO, and that his original findings about manner and cause of death would stand, as I understood him. So I doubt he’d automatically be part of the new team. I hope Greer can arrange for him to take a look at both the original AR and Wecht’s.

Regarding an independent agency, I view it as similar to getting a second and third opinion for a medical diagnosis. I would prefer to use doctors in completely separate practices so that I’m confident they aren’t put in the position of disagreeing (or just agreeing) with a colleague with whom they work closely. I’m not saying doctors do this, but I want a totally fresh set of eyes with no connection to anyone who made the original diagnosis. The same thing is needed with this review of evidence IMO. Otherwise it won’t fly if they still come up with suicide without a better explanation than the original.