Estate of Rebecca Zahau et al v. Shacknai et al

[Peaceful]

But OJ Simpson was tried in criminal court first. Here we have police saying this was suicide.
No evidence whatsoever of murder (per police), let alone against specific persons.
So I am curious as to how this could possibly work.

Jjenny, hi! Welcome, long time no see.

I thought of this as well and I think the Zahau team thought of this because they carefully worded their lawsuit to where they defendants did not have to murder Rebecca to be responsible. They said that they threatened her and left room to ponder maybe she did "commit suicide" because they were torturing, stalking an abusing her. If they can prove they did that and it lead to her "suicide", they could still have a good case. No murder required. IMO

 

[Nom de plume]

"Zahau's family went to court in May to demand that authorities turn over dozens of items seized in the investigations of Zahau's and Max's deaths. They also requested DNA and forensic evidence, photos, audio files, phone records, video, transcripts of witness interviews, and autopsy reports."

"On or about July 13, 2011, defendants intentionally, willfully, wantonly and maliciously threatened to cause immediate physical harm to Rebecca by threatening to stalk, attack choke, gag, bound, and hang her at the premises," the 9-page complaint states."
"San Diego County investigated Zahau's death, and then announced that Zahau had killed herself. This "despite her body having been found nude, hands bound behind her back, legs bound, with a noose over her hair and neck, with a blue Massimo T-shirt tied three times around the noose, with the tail stuffed in her mouth as a gag, and unexplained clear plastic tape residue on her leg," the family said in their complaint in May.

"Not only were there signs of a struggle, such as an overturned chair in the room from which the rope was suspended, paint splattered on Rebecca's chest and the noose, wounds on her hand and blood on her body, and a painted taunt on the door of the bedroom saying, 'She Saved Him Can You Save Her' - there was a lack of evidence of suicide such as a suicide note," according to the May lawsuit."


http://www.courthousenews.com/2013/07/16/59387.htm

Thanks Bourne! I have been away from the case for a while and was so glad to hear RZ's family had filed suit. I had no idea about the BBM!! Is this new news that just came out since the lawsuit was filed? RZ must have either told someone, texted someone, or e-mailed someone re: the threats. If true, and I suspect it is, they're nailed in civil court! lease:

If they threatened her, she never would have let them in the house, but DRS may have still had a key, or AS could have gotten one from JS.

 

[bourne]

Thanks Bourne! I have been away from the case for a while and was so glad to hear RZ's family had filed suit. I had no idea about the BBM!! Is this new news that just came out since the lawsuit was filed? RZ must have either told someone, texted someone, or e-mailed someone re: the threats. If true, and I suspect it is, they're nailed in civil court! lease:

If they threatened her, she never would have let them in the house, but DRS may have still had a key, or AS could have gotten one from JS.

I think the Bolded are combination of the civil suit filed on behalf of the Zahaus in May against the County of SD and ME and LE offices, and the WDS just filed

 

[defense101]

From 10:00 News, San Diego:

In response to the suit, Dina Shacknai said:

"Today marks the second anniversary of the death of my only child, Maxfield Aaron Shacknai. He was six years old when he died while under the care of Rebecca Zahau.

Yet today, instead of being able to merely mourn the loss of Maxie, my sister Nina Romano and I are dealing with a baseless lawsuit which has been filed against us. I have lost my only son and Nina has lost her only nephew. While we 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. Unfortunately, I have now been left with no alternative but to initiate significant measures to ensure the ongoing protection of myself, as well as my remaining family. The accusations are shameful and groundless and have no basis in fact or evidence.

I respectfully ask that the public continue to keep us in their prayers as we remember Maxie on this somber occasion."

The only prayers of mine that she and her sister will received will be that they lose everything they own.

 

[elfie]

I think the suit is about justice only, and not a monetary amount. The defendants are likely suspects, even though they have never been named by LE--proximity and motive figure in prominently.

Possibly there is better evidence out there (that I have not seen) to explain LE's inability to change their determination in Rebecca's death. In the public eye, and for her family, the determination appears to have been made in an abundance of haste and affected more by confirmation bias, and a desire to have the case come to a quick conclusion, rather than a close examination of all of the evidence at their disposal.

That the case was closed and key personal items of Rebecca's, containing important information, have not been returned to her family is extremely suspicious. I hope they are returned to the family soon.

 

[defense101]

It will be good to see everything come out in the open once and for all to see. The lack of investigation, the callous behavior of the police from leaving her uncovered for all to film to the belief that we are all so stupid and dense to have believed what they told us. Thank you to the continued fight of the Zahau's to bring out the truth of their beloved Rebecca's murder. IMO

 

[Betty P]

Yes, but in my belief there was evidence ignored. The whole purpose of the filing is to bring the evidence to an open court proceeding, no? Boy, i sure hope there is some legal precedent to pursue what may easily be a murder when the authorities seemed to present an open and shut case with no "noise" allowed from the dessenting parties.

IMO, there's probably a great deal of evidence that was ignored or never mentioned in the investigation reports. There's just so little information that SDSO has made public, none of it adding up. There's so much they've already tried to hide (the writing on the door) that has been revealed. Why did they try to hide so much? The holes in their case are big enough to drive a truck through.

Hopefully, this lawsuit will bring some of it to light, because on its face, very little of it makes sense.

 

[Betty P]

Maybe... but what would she counter with, libel? Maybe our legal beagles can chime in on whether you can do that in this case. I don't think that is counter suit though? IDK

Since it is now past the timeframe for a wrongful death suit based on Max's death, it must not be that (unless she filed yesterday and we just don't know it yet). Or maybe she is going to fess up with her real motive and theory that Rebecca killed Max so therefore she was not only justified in killing Rebecca, but should not be held accountable! :floorlaugh:

It seems very interesting indeed that DS didn't proceed with a WD lawsuit based on Max's death. I assumed she would, but now the deadline has passed. What's up with that?

 

[defense101]

It seems very interesting indeed that DS didn't proceed with a WD lawsuit based on Max's death. I assumed she would, but now the deadline has passed. What's up with that?

I mean honestly who would she sue? The person she claimed killed him was murdered IMO. I see it as another attention getting stunt by her to throw off the veil of suspicion in Rebecca's death.

 

[Betty P]

I mean honestly who would she sue? The person she claimed killed him was murdered IMO. I see it as another attention getting stunt by her to throw off the veil of suspicion in Rebecca's death.

I half expected her to sue Rebecca's family, not for any financial gain (they don't have any money), but for PR and intimidation purposes.

 

[time]

It seems very interesting indeed that DS didn't proceed with a WD lawsuit based on Max's death. I assumed she would, but now the deadline has passed. What's up with that?

I don't know, scratching my head a bit, but there must be a reason? Only thoughts that come to mind is that an expert contradicted her expert. Maybe her expert decided she wasn't going any further with it also? And her other expert was probably not happy with the Summary Report. Another thought and it could be a biggie, Dina does not want all the evidence and info that would come out to come out - starting with what was said in the hospital, etc. Lastly, wonder if she has any money left?

 

[Heal]

Glad Zahau's made the move. Finally.

Well, noticed some typo/error in the COMPLAINT, page 3, line 13, line 14. The correct should be: MARY, a surviving daughter, and PARI, his surviving spouse.

 

[Heal]

"personal property of REBECCA was destroyed": could be voice mail(s) and text messages(s) etc in REBECCA's cell phone.

 

[bourne]

I don't know, scratching my head a bit, but there must be a reason? Only thoughts that come to mind is that an expert contradicted her expert. Maybe her expert decided she wasn't going any further with it also? And her other expert was probably not happy with the Summary Report. Another thought and it could be a biggie, Dina does not want all the evidence and info that would come out to come out - starting with what was said in the hospital, etc. Lastly, wonder if she has any money left?

I still believe, as I've said in an old post many moons ago, that Jonah likely had a stipulation in the divorce decree whereby he gives Dina a perpetual percentage of his income weekly or monthly until his or her death, and that Dina loses EVERY FINANCIAL ADVANTAGE if she sues him for any reason. She doesn't want to lose that guaranteed financial windfall, so she won't sue him EVER. That'd be the reason why she won't sue Jonah.

But the reason Dina didn't sue the Zahaus, especially having seen her hateful vindictive actions towards the Zahaus in public in the past year even against a young innocent child like XZ is likely that she knows she's opening a big can of worms regarding Max's official medical records from the hospital.

I am convinced those medical records show that she was outright LYING about many many things she had spewed out to the media in the past. E.g., the records would reveal that she LIED when she said she didn't find out about Max's irrecoverable condition until Friday when he was brought in Monday with irreversible brain damage. Remember how she said in the tv interview that she thought "Maxie would just need some tutoring and be able to play soccer again in a few months"?

Also, the records would directly contradict what Dina and Nina both said to the media, and show that Dr. Peterson NEVER told anyone that Max "suffocated" and/or hinted that he thought "Rebecca might have abused Max". And the lies of Dina and Nina would come tumbling forward from those medical charts, on and on and on.

Those are my honest educated opinions based on the totality of what we've seen from the manipulative, deceptive Dina and her twin.

 

[time]

"Max's official medical records from the hospital."

bourne - I agree completely, she does not want that info out.

I'm not sure about any agreement with Jonah as any agreement might have said until Max was 18.

 

[IQuestion]

Jjenny, hi! Welcome, long time no see.

I thought of this as well and I think the Zahau team thought of this because they carefully worded their lawsuit to where they defendants did not have to murder Rebecca to be responsible. They said that they threatened her and left room to ponder maybe she did "commit suicide" because they were torturing, stalking an abusing her. If they can prove they did that and it lead to her "suicide", they could still have a good case. No murder required. IMO

Hi PEACEFUL....Absolutely brilliant thinking and I agree with your point! It seems as if not one week passes that we have not heard of a young/vulnerable person being humiliated and bullied...with gut wrenching outcomes. You know what really makes me sick about this? Rebecca was not the "housemaid/babysitter" who had to follow another woman's rules!
Rebecca was the WOMAN OF THE MANSION....and as much as that irks some people (I'm thinking the 3 listed in the law suit) that is a fact. She had the right to expect to be safe in her abode (whether owning, renting, co-habitating or as a roommate) and could choose not to answer the phone, reply to a text or someone banging on the front door!! If some pushy person kept bugging me, after such a long and horrible day...I wouldn't respond either.
Not only is this my personal opinion, I would have turned the sprinklers on her, too!

 

[K_Z]

One of the most difficult wrongful death issues, and a particularly poignant illustration of how wrongful death expands liability beyond that at common law, is whether a wrongful death claim can be founded upon intentional infliction of emotional distress that caused the decedent to commit suicide. The first jurisdiction to allow such a claim was California in 1960,[12] followed by Mississippi,[13] New Hampshire,[14] and Wyoming.[15]

http://en.wikipedia.org/wiki/Wrongful_death_claim

Interesting, given the circumstances of this woman's death, before and after. I agree with the poster above that the complaint appears to be written to address the substantial responsibility of the defendants whether Becky's death was EITHER suicide or murder.

I'm also curious as to the distinction of this suit being filed as a FEDERAL complaint. Perhaps this has to do with the harassment and stalking between 2 states, AZ and CA? Or because the plaintiff and named defendants all live in different states? Perhaps I'll ask this on the legal thread.

http://www.cbs8.com/story/22834192/zahau-family-files-federal-wrongful-death-lawsuit

Diversity Jurisdiction
Federal courts also hear legal disputes between opposing parties that reside in different states. This is referred to as diversity jurisdiction. For example, if you live in Ohio and want to sue somebody in Texas, you can sue them in federal court, even if you are suing based on a Texas state law.

Read more: http://www.ehow.com/facts_6058385_state-court-vs_-federal-court.html#ixzz2ZNCxQMv6

[ame="http://en.wikipedia.org/wiki/Diversity_jurisdiction"]Diversity jurisdiction - Wikipedia, the free encyclopedia[/ame]

 

[Mrs. Holmes]

"personal property of REBECCA was destroyed": could be voice mail(s) and text messages(s) etc in REBECCA's cell phone.

That is interesting. What about RZ's belongings? We have not heard anything about JS returning her belongings from the Mansion and the Arizona home to the Zahau family.

What if something of RZ's is missing or badly damaged? Perhaps jewelry? What if XZ can say I saw her wearing "this" when she took me back to the airport but it is now damaged or missing?

If it was a gift from JS to RZ that could be very telling.

 

[*Lash*]

IMO, there's probably a great deal of evidence that was ignored or never mentioned in the investigation reports. There's just so little information that SDSO has made public, none of it adding up. There's so much they've already tried to hide (the writing on the door) that has been revealed. Why did they try to hide so much? The holes in their case are big enough to drive a truck through.

Hopefully, this lawsuit will bring some of it to light, because on its face, very little of it makes sense.

It doesn't appear SDSO or the DOJ ever requested Nina's or Adam's phone records. In my opinion, evidence could be in their phone records. Example, Nina's text message obviously was never verified via a search warrant request. Heck, the phone records that were requested didn't happen until somewhere around August 24th. Just a mere few days before the suicide conclusion was shared with the world on 9/2. The DOJ did not follow up when Nina canceled her polygraph. SDSO did not follow up on a second polygraph after Adam's first test was inconclusive. All the blood found was not tested. It was assumed to be from Rebecca's menses. Underwear found was allegedly a friend of Jonah's daughter according to Jonah, not scientific evidence.

Please SDSO, tell me again how much time the 15 investigators put into this investigation?

 

[*Lash*]

"personal property of REBECCA was destroyed": could be voice mail(s) and text messages(s) etc in REBECCA's cell phone.

I am intrigued by this statement in the complaint. Even more so because the complaint alleges the property was destroyed "immediately prior" as a legal result of the defendants' battery.