Evidence revealed during the course of the Wrongful Death action

[kittychi]

I'm just going to piggyback of this and KZ's posts above that if Nina believed that Rebecca had caused or failed to prevent Max's critically fatal injuries and that he wasn't going to survive the night Rebecca was found murdered, AND Nina had clearly stated in her audio interview with CBS8 that Dina asked Nina to confront Rebecca about what happened to Max, then that clearly shows Dina also knew about Max's critical injuries and impending death that same night Rebecca was murdered.

How Dina later and currently denies that she had any knowledge of Max's critical fatal injuries on Tuesday (that she didn't find out until Fri/Sat later that week and she & Jonah had to pull the plug on their son on Sat) is clearly that: a bold-faced LIE.

Why would she lie? The only logical conclusion is that she knew that her knowledge of Max's fatal injuries on Tues would give her motive and make her look guilty of having murdered Rebecca. Hence she tried to distance herself from having been given knowledge by doctors about critically important info about her own son Max's injuries.

Ask yourself: Why would Nina know about Max's critical fatal injuries the Tues night she goes to confront Rebecca at the Spreckels mansion and Rebecca is then found murdered the next morning, and Dina the biological mother of Max not know when according to Nina's only testimony on CBS8 audio, it was Dina who directed Nina to confront Rebecca that Tues night? Really an aunt Nina had forecasted info from a crystal ball *before* a biological mother Dina would find out about Max's fatal condition?

Excellent point. And why would Dina's boyfriend's daughter know early on? She had posted it on Facebook but later removed it.

 

[MaybeNotToday]

I find it interesting that there are both black rubber -and- black leather gloves present. Black rubber gloves just left lying around. At the scene of a suspicious death... I have wondered whether this was deliberate, and meant to point to a rape/murder. Like the knives. The plastic bag. The gag. The third-person message on the door. All things commonly found at the scene of a violent death.

I have also wondered whether the "suicide" ruling was just like Xmas for whoever did this to Rebecca.

What in the world does your last sentence mean?

 

[coastal]

What in the world does your last sentence mean?

I believe it means somebody got away with murder.

 

[K_Z]

Adam has requested to attend the settlement conference December 9, 2014, by telephone, or to have it rescheduled. The Zahau's response below-- they do not object to a continuance to January.

Defendant Adam Shacknai hereby respectfully requests to appear telephonically
at the Early Neutral Evaluation Conference currently scheduled for December 9, 2014
at 2:30 p.m., or, in the alternative, that the Court continue the ENE Conference.
Counsel for Defendant Nina Romano does not oppose Mr. Shacknai participating at
the December 9 ENE by telephone. Plaintiffs’ counsel feel it is important for Mr.
Shacknai to attend the ENE, and will thus stipulate to a requested continuance in order
to accommodate his schedule. Although Mr. Shacknai is available to appear in person
for the ENE Conference on December 22, 23, 30, or 31, because their clients are out
of state for the holidays through the first of January, Plaintiffs’ counsel have suggested
continuing the ENE Conference to January. If the Court is willing to continue the
ENE Conference until January, Mr. Shacknai is available to appear in person January
5 or 6 and after January 28. Counsel for Defendant Dina Shacknai has not responded
to requests for their position regarding the relief and alternative relief requested.

Good cause exists for the Court to grant Mr. Shacknai’s request. Mr. Shacknai
is a tugboat pilot on the Mississippi River. Adkins Decl. ¶ 2. His schedule is set well
in advance and he is scheduled for trips of several consecutive weeks. Id. ¶ 3. He is
currently piloting a vessel through December 17. Id. ¶ 4. He has another trip piloting
a vessel from January 7 – 28. Id. ¶ 5. Because he is the pilot, it is very difficult for
him to leave mid-voyage. Id. ¶ 6. Also, if he is mid-voyage, there are few major
airport hubs along his route. Id. ¶ 7. Thus, he would have to be out of work for at
least two days (possibly longer) if the ENE Conference is scheduled during one of his
trips.

Mr. Shacknai would prefer that the ENE Conference (and any Rule 26
discussions with the Court) go forward on December 9 because discovery is moving
forward in the parallel state-court proceeding. In that case, counsel for Defendant
Dina Shacknai has noticed Mr. Shacknai’s deposition for January 30, 2015.
Allowing Mr. Shacknai to appear telephonically will not affect other case
management dates. Continuing the ENE Conference likely will affect other case
management dates because “In the event the case does not settle at the ENE, the
parties can expect to leave the ENE with Rule 26 compliance dates or deadlines.”
Docket Entry 50 ¶ 6. There have been no previous requests for a continuance.
For these reasons, Mr. Shacknai respectfully requests that the Court grant his
request to attend the ENE Conference by telephone or, in the alternative to continue
the ENE Conference.

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 51 Filed 12/02/14 Page 3 of 4

The Zahau's response:

Plaintiffs respectfully request that the court deny his application to appear
telephonically, and grant his request to continue the ENE Conference to January 5
or 6, or after January 28, 2015. Plaintiff Mary Zahau-Loehner must travel from St.
Joseph, Missouri, which will result in her being away from work and family,
which includes young children, for at least two days. Plaintiffs respectfully
submit that it would not be fair to require Ms. Zahau-Loehner endure this
hardship and allow another party to appear by telephone. Nor would such action
be conducive to setting the type of foundation needed to facilitate the ENE
process, for any of the parties. Thus, if the court was inclined to allow Mr.
Shacknai to appear by telephone, Plaintiffs request that the court also allow other
parties to do so.

Conversely, a continuance of the ENE Conference would allow all parties
to attend. The parties have been meeting and conferring for some time in an effort
to set an agreeable date, but it appears that judicial intervention may be needed in
order to facilitate the process. Since Mr. Shacknai appears to have the most
restrictive schedule, Plaintiffs concede that his schedule should be given the
greatest deference. As stated in his brief, Mr. Shacknai is available January 5 and
6, and after January 28. Plaintiffs are also.

In his papers, without further explanation, Mr. Shacknai states that he
would prefer that the ENE Conference go forward on December 9 because
“discovery is moving forward in the parallel state-court proceeding.” Plaintiffs
respectfully submit that this is exactly the reason why there is no urgent need to
keep the December 9th date. Thousands of pages of documents have already been
produced in the state-court matter, and depositions are starting on December 16th.
Thus, the case is already proceeding without the benefit of an ENE Conference
and delaying the conference another few weeks will not have any material impact
on the pace of discovery.

For these reasons, Plaintiffs object to Defendant Adam Shacknai’s request
to appear telephonically (unless that option is afforded all parties), and join in his
request that the matter be continued to a date that he is available.

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 52 Filed 12/03/14 Page 1 of 2 and 2 of 2

 

[Inparadise]

The posts were on Witty Profiles.......I have them saved if you would like them.


PLEASE READ.
My Dad's girlfriend's son is in a coma.
He fell off a balcony at his dads house this morning. He might not live. He's basically my little brother and I love him so much. They don't know if he'll live. He hasn't woken up since the fall. He doesn't have any brain activity going on. I'm worried sick. I can't stop crying. I can't go see him, my dad won't let me go. He's six. That's too ******ing young to die.
I'll I'm asking for is for you to pray. Pray for Maxfield Shacknai. Please.
I love you Max.

 

[MaybeNotToday]

I believe it means somebody got away with murder.

Oh yes, I'm sure the ones accused of murder and mourning were overjoyed.

 

[screecher]

Respectfully snipped and BBM

...

I have also wondered whether the "suicide" ruling was just like Xmas for whoever did this to Rebecca.

What in the world does your last sentence mean?

I believe it means somebody got away with murder.

Yeppers, imo, the romano 'twins' felt as though they were 'gifted' an early xmas gift. Hence Dina feeling empowered to debase Rebecca and infer she and and her minor sister killed little Maxie. In all her pressers after Rebecca was killed, Dina was evermore accusatory and hateful.

Just gotta say...as filled with rage as Dina is/was towards Rebecca, imo, she feels/felt even more toward Jonah.

 

[Ausgirl]

This is all quite stunning. I don't know whether to reply to the question, or just opcorn:

 

[LuckyLucy2]

What in the world does your last sentence mean?

I have never heard that there were black rubber gloves and black leather gloves present, only black plastic gloves like someone would use to color their hair, or use to keep their hands clean when they paint.

From MSM:

Among the items found in the mansion the day of the Zahau's suicide, police seized several knives, a pair of black gloves, a paper towel with red stains, a box with paint supplies, a flip camera, a clump of hair, a document addressed to Jonah and other articles.

Source: http://www.nbcsandiego.com/news/loc...ai-Investigation-130225413.html#ixzz3KyepIADl

Can you supply a link that shows there were two pairs of gloves, one leather and one rubber? TIA

 

[Ausgirl]

Nope, you're wrong about 'plastic'. There was a "pair" of "black gloves" and a single "latex" (AKA 'rubber') glove. Like a surgical glove (only black), rather than 'plastic' as you have said. If I mention two pairs, I misspoke - intending it to mean "two separate LOTS of gloves".

http://www.cbs8.com/story/15505829/some-shacknai-search-warrants-to-be-unsealed

.. and there's no mention of hair dye or paint on any of gloves. Also not present is a clear DNA sample of the last person to wear ANY of the three gloves. Just a weak "mixed" sample, and I am yet to see any good explanation for how that can happen.

 

[bourne]

The posts were on Witty Profiles.......I have them saved if you would like them.


PLEASE READ.
My Dad's girlfriend's son is in a coma.
He fell off a balcony at his dads house this morning. He might not live. He's basically my little brother and I love him so much. They don't know if he'll live. He hasn't woken up since the fall. He doesn't have any brain activity going on. I'm worried sick. I can't stop crying. I can't go see him, my dad won't let me go. He's six. That's too ******ing young to die.
I'll I'm asking for is for you to pray. Pray for Maxfield Shacknai. Please.
I love you Max.

So this makes clear that Dina absolutely LIED about not knowing that Max was braindead and how critically injured he was that Monday night. I mean, clearly, if her boyfriend's young daughter knows early Monday evening (same day Max was brought into the hospital), why would not the biological mother Dina who was alleged to have been at the hospital sitting vigil with Max all through Mon night?

If Dina LIED about something so easily verifiable, can you imagine what other lies she has/had/will make? This just goes to show what type of unethical, repulsive creature Dina is. Lying about when she knew about her one and only son Max's health condition when her husband's new love/lover is murdered in a "violent, suspicious death"...Who stoops this abysmally low -- besides Dina and Nina?

 

[LuckyLucy2]

Nope, you're wrong about 'plastic'. There was a "pair" of "black gloves" and a single "latex" (AKA 'rubber') glove. Like a surgical glove (only black), rather than 'plastic' as you have said. If I mention two pairs, I misspoke - intending it to mean "two separate LOTS of gloves".

http://www.cbs8.com/story/15505829/some-shacknai-search-warrants-to-be-unsealed

.. and there's no mention of hair dye or paint on any of gloves. Also not present is a clear DNA sample of the last person to wear ANY of the three gloves. Just a weak "mixed" sample, and I am yet to see any good explanation for how that can happen.

So one pair and a single glove. So we don't know what material the black gloves were or if they were latex like the single one? I assume you are only guessing they are leather? Latex/plastic are the same to me. Black ones come in some hair color kits, and I have seem them at the art store to be used in crafts and painting. If someone have put them on in the past, that could leave DNA that had deteriorated over time. IMO, they were gloves Rebecca used while painting, and that is why they were there. Of course, Jonah would know if she usually wore black latex gloves when painting.

 

[LuckyLucy2]

So this makes clear that Dina absolutely LIED about not knowing that Max was braindead and how critically injured he was that Monday night. I mean, clearly, if her boyfriend's young daughter knows early Monday evening (same day Max was brought into the hospital), why would not the biological mother Dina who was alleged to have been at the hospital sitting vigil with Max all through Mon night?

If Dina LIED about something so easily verifiable, can you imagine what other lies she has/had/will make? This just goes to show what type of unethical, repulsive creature Dina is. Lying about when she knew about her one and only son Max's health condition when her husband's new love/lover is murdered in a "violent, suspicious death"...Who stoops this abysmally low -- besides Dina and Nina?

This is not proof that Dina lied, nor is it proof she is an "unethical, repulsive creature".

IMO, she was a worried to death Mother, who's last thought would be that her son would die. You don't know what Dina told her boyfriend, nor how her boyfriend interrupted what she told him. She could have said, "Max is going to get better, he is just temporally unconscious - I know tomorrow he will be better", but the boyfriend could have told the daughter that it was very serious and Max would probably die. So that is not proof of a lie at all. Not at all.

Dina was right to be there with her child and to hope against hope that he would live. Because that's what a Mother would do. She was not concerned about Rebecca Zahau. She was only concerned with Max.

 

[Ausgirl]

The pair of gloves were found *on a table* in the mansion, so I highly doubt they'd be there for very long. But still!! No strong DNA found on them anywhere? Only weak 'mixed' DNA? Very unusual.

Like so many other 'very unusual' things surrounding this crime. One or two, you could feasibly call it coincidence but collectively they simply outweigh the odds of this death being a suicide. And then we have evidence that is just plain inexplicable, when applied to SDSO's version of events (which I have already talked about extensively).

 

[LuckyLucy2]

Actually, the physical evidence - and there is so much of it - points to Rebecca, and only Rebecca in the guest room and on the balcony that evening. There is no physical evidence at all that places anyone other than Zahau there that night.

 

[Ausgirl]

I've been doing a ton of research on the *physical evidence* presented in the autopsy report.. and have come up with some *really interesting* findings. Probably nothing that has not been found/pondered before. But in light of all the other myriad "unusual" occurrences and things, it certainly adds to the overall picture that this was NOT a suicide.

It's late here, and there's a LOT of information, so I'll post about it tomorrow.

 

[*Lash*]

I've never thought about this before...3 gloves and 3 defendants...probably just happenstance.

Hair dye kits usually comes with a pair of gloves. So speculation the latex glove belonged to a hair dye kit just doesn't make sense.

 

[*Lash*]

Adam has requested to attend the settlement conference December 9, 2014, by telephone, or to have it rescheduled. The Zahau's response below-- they do not object to a continuance to January.

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 51 Filed 12/02/14 Page 3 of 4

The Zahau's response:

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 52 Filed 12/03/14 Page 1 of 2 and 2 of 2

An interesting side note in this document. Nina's attorneys do not oppose Adams's request. Dina's counsel has not responded to Adam's counsel to requests for their position.

Counsel for Defendant Nina Romano does not oppose Mr. Shacknai participating at the December 9 ENE by telephone. Plaintiffs’ counsel feel it is important for Mr.Shacknai to attend the ENE, and will thus stipulate to a requested continuance in order to accommodate his schedule. Although Mr. Shacknai is available to appear in personfor the ENE Conference on December 22, 23, 30, or 31, because their clients are out of state for the holidays through the first of January, Plaintiffs’ counsel have suggested continuing the ENE Conference to January. If the Court is willing to continue the ENE Conference until January, Mr. Shacknai is available to appear in person January 5 or 6 and after January 28. Counsel for Defendant Dina Shacknai has not responded to requests for their position regarding the relief and alternative relief requested.

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS document 51

 

[LuckyLucy2]

I've never thought about this before...3 gloves and 3 defendants...probably just happenstance.

Hair dye kits usually comes with a pair of gloves. So speculation the latex glove belonged to a hair dye kit just doesn't make sense.

Since gloves in general come in pairs, your reasoning doesn't really work. My bet is that Rebecca used the gloves when she painted, and more than likely kept them in the ""box of paint supplies" that was taken as evidence. And that would explain why one had low uninterpritable DNA inside.

If Dina, Nina, and/or Adam used the gloves, where is their DNA?

 

[K_Z]

First settlement conference is going forward on December 9, 2014. Adam granted permission to appear by telephone; his attorney/s must appear in person.

Currently pending before the Court is Defendant Adam Shacknai’s ex parte motion
for leave to permit his telephonic appearance at the Early Neutral Evaluation (“ENE”)
conference on December 9, 2014, or in the alternative, to continue the ENE. (Dkt. No.
51.) Plaintiff objects to Mr. Shacknai’s proposed telephonic appearance but does not
oppose continuing the ENE.

However, if the Court accepts Mr. Shacknai’s telephonic participation, Plaintiff requests the same accommodation. (Dkt. No. 52.) The Court has communicated with counsel for all parties in an effort to find a mutually convenient time for the ENE. Although the Court contemplated continuing the December 9, 2014 ENE so that everyone could make a personal appearance, given the holiday season, there is no date that works for everyone.

Accordingly, the ENE will remain on the Court’s calendar for December 9, 2014 at 2:30 p.m. All parties and their
counsel shall appear in person, with the exception of Mr. Shacknai, who shall be available by telephone. Mr. Shacknai’s attorney must make a personal appearance. The parties must lodge their confidential ENE statements by December 5, 2014 at 12 p.m.

IT IS SO ORDERED.
DATED: December 4, 2014
Hon. Nita L. Stormes
U.S. Magistrate Judge
United States District Court

https://www.pacer.gov/ Case 3:13-cv-01624-W-NLS Document 53 Filed 12/04/14 Page 1 of 2, and 2 of 2