Estate of Rebecca Zahau et al v. Shacknai et al

Discussion in 'Rebecca Zahau Nalepa' started by K_Z, Sep 7, 2013.

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Will the wrongful death civil suit, Zahau v Shacknai, go to jury trial, or settle?

  1. The case will proceed to a jury trial

    13 vote(s)
    68.4%
  2. The case will settle out of court

    6 vote(s)
    31.6%
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  1. K_Z

    K_Z Verified Anesthetist

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  3. Carioca

    Carioca Member

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    Thanks K_Z for setting up this poll! I voted it will go to jury because I believe in positive thought and if there ever was a case that deserves to go to trial, this is it. Rebecca's murderers and all those who have stood in the way of justice must be held accountable.
    :jail::jail::jail:
     
  4. coastal

    coastal Well-Known Member

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    I think it'll go to trial, because I also believe in positive thinking, and I believe that doing right things for right reasons brings right results.

    Also, I can't imagine Dina, especially, agreeing to anything much at all.
     
  5. K_Z

    K_Z Verified Anesthetist

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    BBM. I agree, coastal. For all 3 of the named defendants/ respondents (especially Dina), this is a "no win" situation, IMO. They lose (lose BIG!) by settling, and they lose by proceeding thru the discovery process and depositions toward trial. And if it goes to a civil jury trial, it's my opinion that they will lose there, too.

    And no matter whether the case settles or goes to trial, it will be VERY, VERY expen$ive to defend. I can't imagine that any attorneys for Dina, Nina, or Adam will take this case entirely for free. Angela Hallier, Dina's divorce attorney, certainly knows exactly what the terms of Dina's divorce settlement are. But I doubt that a divorce attorney would take on a wrongful death civil suit, so I expect Dina will hire a new lawyer, or team of lawyers. Nina and Adam are of more modest means than Dina, so it will be interesting to see how they handle hiring attorney representation. Jonah may help Adam out, but would he help Nina? Does Dina have the financial means to pay for both her and Nina's representation? Is it in each of their best interests to have separate representation? (I think so.)

    It occurs to me that the filing of this civil wrongful death suit may be precisely why Dina, in particular, has been so uncharacteristically "media silent" since July. She mentioned having to take "significant measures" in response to the filing of the lawsuit. All we have heard from her is the response statement to the filing, and the publishing of the newest Phoenix Magazine article about her legislative efforts, which I think was in progress before the civil suit was filed. And I personally think she may be under a child order of protection "gag" not to speak about XZ in public anymore.

    I think Dina, in particular, has her hands very full right now, trying to figure out how to get out of this civil lawsuit situation, or mitigate it as best as she can. Like I said, it's a "lose/ lose" situation for her, more so than for Nina or Adam. She will have to throw lot$ of $$ at this to make it go away-- not to just the Zahaus. Attorney fees will be huge.

    It really will be interesting to see what happens from this point.
     
  6. Serpico

    Serpico New Member

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    I hope you're all right but my "gut" has a settlement goal by Zahau family lawyers.....JS makes it "all go away."

    My main reason.....the secrecy of Zahau's lawyers with the evidence Gore gave former Att'y Bremner that Ann Rule used in her book and there was still crucial evidence/information withheld given the Rudoy/Fleck lawsuit vs Gore/SDSO over this evidence and personal items of RZ.

    Why the secrets from the media/public by Zahau lawyers? You would think if they were geared for a TRIAL.....why not release the ENTIRE AS polygraph and SDSO interview. Also, all blood results and crime scene photos including RZ's BACK with the many abrasions.This would be a natural strategy so your JURY POOL in SD has some recent knowledge on the case. I'm guessing the Z -lawyers are using the evidence they have as the "bargaining chip' for JS to STEP UP a pay the $$$$. Afterall, JS was interviewed by SDSO too as was Dr.Bradley Peterson from Rady.....JS could take a REAL HIT if Dr.Peterson in his deposition says he never talked to JS between 8:00pm and 11:40pm Tuesday night - 7/12/11.
     
  7. bourne

    bourne "The truth shall set you free." ~JUSTICE FOR REBEC

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    BBM. One reason is so the jury pool for the case will not be tainted. Remember, under voir dire, jurors are asked if they have any knowledge of the case prior to actually being called to serve on the jury. If they do, that's a potential bias and conflict of interest on the juror's part.

    I think strategically, if I were a lawyer representing the Zahaus, I would keep all the evidence and info close to my vest as well. I wouldn't want the defendants to get a hold of all the evidence I have on them so that I could hit and startle them with the hard facts at trial. It's a common legal tactic. You don't want to give the opposing parties an undue advantage by allowing them to prepare in advance to dispute all your available evidence in court. This way, you have a better chance at winning the case. :)
     
  8. bourne

    bourne "The truth shall set you free." ~JUSTICE FOR REBEC

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    Inasmuch as I'd want justice for the Zahaus and thus for the wrongful death suit to proceed, I didn't vote yet because I think there's a third possibility: a non-sympathetic judge can dismiss the case claiming insufficient evidence to go to trial. I hope to all that is pure and holy that that won't be the case, but you never know... Given all the apparent corruption and impropriety by the authorities in this case, someone could have their hands in the judge's pockets or vice versa. MOO
     
  9. Betty P

    Betty P Well-Known Member

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    I would really like to see it go to a jury trial, but I have a feeling it will be settled. All of the guilty parties have too much to lose if they're deposed. There will be too much incriminating evidence and testimony that will come out.

    The guilty parties can't afford good representation and, since they're all related in some way to Jonah, he will protect them all by reaching an out of court settlement with RZ's family.

    That said, I think RZ's family would prefer to have a jury trial to learn all the facts and clear RZ's name. RZ and her family have been treated so badly by the Shacknai/Romano families, its a tragedy.
     
  10. Serpico

    Serpico New Member

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    The "other side" will have all the information as Zahau lawyers in DISCOVERY and DEPOSITIONS....there are no evidence surprises in a trial unless a "glove" is entered into evidence and the prosecutor asks OJ to try it on:)

    Personally, I prefer my strategy and wouldn't be the first case with lots of publicity and remains in the city. If it was moved...I would worry less than the defendants.....not many people know Paul Pfingst outside of SD. But it is what it is....Zahau lawyers are keeping the information under wraps so we'll see how it plays out.
     
  11. MyBelle

    MyBelle Well-Known Member

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    I've seen nothing that indicates the case has proceeded beyond the initial complaint.

    JMO
     
  12. MyBelle

    MyBelle Well-Known Member

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    To prevail, the Zahau lawyers must prove the defendants were the cause and the death is already ruled a suicide. JS is not a defendant so there is no reason for him to settle anything. If I were a named defendant, I wouldn't be worried, either, because the burden of proof is on the plaintiff.

    JMO
     
  13. bourne

    bourne "The truth shall set you free." ~JUSTICE FOR REBEC

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    Weren't you asking about why the Zahau case files were kept secret from *the public/media* in the pre-trial period? The Judge hasn't ruled on the Motions to Dismiss the case (which will likely be brought forth by the defendants once they are served), so it would be to the Zahau lawyers' benefit to keep everything under wraps until and if the case is officially allowed to go forward, and of course, for voir dire purposes.
     
  14. bourne

    bourne "The truth shall set you free." ~JUSTICE FOR REBEC

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    This was addressed by AZlawyer in the legal Zahau thread.
     
  15. MyBelle

    MyBelle Well-Known Member

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    I've never seen a Judge rule on motions that don't yet exist because the case hasn't proceeded.

    JMO
     
  16. bourne

    bourne "The truth shall set you free." ~JUSTICE FOR REBEC

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    If you read carefully, you'll note that that is in line with exactly what I said. Let's not bicker about technical nonsense.
     
  17. inthedark14

    inthedark14 Active Member

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    Hi MyBelle, you are correct. We haven't seen anything about this since the case was filed. I would assume we wouldn't hear all that much about it until it comes in front of a judge next. In fact, we don't even know if the defendants have been served. I'm not sure of the time period that entails. We are all speculating as to what is going to or has in fact happened. Because we don't have any documentation either way. We do however have a great thread: [ame="http://www.websleuths.com/forums/showthread.php?t=202857"]Curiosity Never Kills the Cat: Legal Questions for VERIFIED LAWYERS - Websleuths Crime Sleuthing Community[/ame]

    Bourne started this thread for us so that those of us not familiar with the legal process can ask questions and verified attorneys answer. It's really quite great. I would bet the wonderful verified posters there would happily answer any questions you have. Because they are great and we <3 them.
     
  18. K_Z

    K_Z Verified Anesthetist

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    MyBelle, you're back! :seeya:

    Here is a link to a specific post from AZlawyer addressing some issues in your post, as well as other questions.

    [ame="http://www.websleuths.com/forums/showpost.php?p=9785259&postcount=145"]Websleuths Crime Sleuthing Community - View Single Post - Curiosity Never Kills the Cat: Legal Questions for VERIFIED LAWYERS[/ame]


    According to AZlawyer, there can be up to 120 days to serve the complaint. That would bring us to about mid November. Or before that, if things move along faster. We will all have to wait and see how this proceeds.
     
  19. justice be served

    justice be served New Member

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    I voted that the case will be settled. I also believe that even though JS was not named in the civil suit, he has numerous reasons to influence the case settlement and thus will interject himself no different than the influence he has peddled for over two years now. He is powerful and that, my friends, is why we have the many injustices seen - starting with Rebecca's naked body on display for over 13 hours. That was BTW the biggest mistake in all of this as it set the tone of what was to come. Big mistake that was unrecoverable.

    Having said that, however, I firmly believe the Zahau family is driven by justice. The reality is that they simply do not have the resources to fight this giant which is the continuing theme of Rebecca's sad death.
     
  20. LoveAlways7

    LoveAlways7 New Member

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    BBM
    YOU have hit the nail on the head.... This is and has always been about the star of the show. Dina is not the Star. Adam is not the Star. And the Star is the one that will be directing how this will play out on Dina and Adam's sides of this case.

    And again, YOU hit the nail on the head with your querying of the secrecy of the Zahau lawyers. Yes, probably a bargaining chip. But I would not delude myself into thinking that the Zahau's want all the info out there. For goodness sakes... THEIR attorney said they would not release information due to there being information "hurtful to the family." Pretending that isn't so doesn't make it not so. They said it was so.
     
  21. time

    time New Member

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    BBM - can you please give us a link.

    I don't believe it was ever all Jonah's show between him and Dina. It was a huge power struggle the way it looks. While some ways are pretty low to win a power struggle, it certainly is easier to do during a time of vulnerability. And, of course, when you know the rooster is not at home.
     
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