Wrongful Death Suit filed Nov. 13, 2013 in California

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Jade

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BBM- I think that is actually backwards.

I live in Southern California, while not San Diego I have family in Pacific Beach, Ocean Beach, Carlsbad, Encinitas, Escondido and San Marcos, as well as down town San Diego proper.

Every single one of them (and several locations have several family members each) find the accident that occurred with Max, highly probably just that- an accident. We have several boy- boys in Max's age group- who play sports, surf, swim, soccer, basketball, football and rock climb- they are wild, rambunctious, full of energy and do not always make the wisest decisions in their play activities. If, at anytime any one of them were left unsupervised, they could very well make a similar fatal mistake to ride a scooter or skateboard upstairs, we have discussed this, as a family on many occasions. It makes perfect, tragic sense, to all of us, and we admonish the children (girls included) because of this tragedy.

On the other hand Rebecca's circumstance does not resemble a suicide to ANY OF US- at all. This has been discussed by all of us- ad nauseum.



So- to your BBM quote, I completely disagree and couldn't actually disagree more.


Being around children of all types is not an educated affirmation of the statement but merely personal experience which most all of us have.

I know that athletic, healthy boys are sturdy from personal experience.

An educated assertion is this:

Death of San Diego exec's son likely a homicide, independent report finds

Shacknai hired Dr. Judy Melinek, a San Francisco-based forensic pathologist, and Dr. Robert Bove, an injury biomechanics expert, to review the case. Both concluded the child -- found unresponsive on the first floor of his father's home -- was beaten and then forced over the balcony either against his will or in a desperate attempt to escape his assailant.

…… A report by the San Diego County medical examiner's office ruled that the manner of his death was accidental. But Dina Shacknai said doctors treating Max were immediately suspicious of his injuries and contacted Child Protective Services, which she said launched a probe and then dropped it once the medical examiner ruled the death an accident.

Melinek told FoxNews.com that the child had injuries to his body that could not have been caused from a fall alone. She also said it was impossible for the child to have accidentally bumped into the balcony and then fallen over.

"It doesn't make any sense. It defies gravity," Melinek said of the scenario presented by Coronado police working in collaboration with Dr. Mark A. Gomez, who authored the first report in the case. "He’s got too much injury for just a simple fall from the railing," she said, adding that the boy's center of gravity was too low for him to have flipped over the banister on his own.

"I do not disagree with the coroner's determination that the cause of death was due to blunt force trauma," Melinek said. "What I did disagree with was the manner of death, which I believe was a homicide."

"The fall alone ... would not account for the abrasions and contusions along the right forehead, inner eye and lids, the left ala, or the right shoulder and neck," the report reads. "The more planes of injury ... the more likely that an incident is the result of an assault rather than a simple or even complex fall."

"The nature and location of Max's skull fracture and subgaleal contusion are indicative of a head-first contact with the first floor surface and thus are consistent with Max moving or being moved over the railing following the assault causing him to fall to the first floor,"

http://www.foxnews.com/us/2012/08/07/death-pharmaceutical-executive-son-likely-homicide-independent-report-finds/

imo
 

screecher

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I'll try to explain it it the most of simplest way so it will make 'sense'.

In my post do I say RZ made the call? Nope.

What it says is, "^ pretty sure RZ being 'upset' is on the recording of the 911 call."

I'm pretty sure she could be heard in the background.

Please don't read, respond to words that are not in my posts.
 

Jade

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I'll try to explain it it the most of simplest way so it will make 'sense'.

In my post do I say RZ made the call? Nope.

What it says is, "^ pretty sure RZ being 'upset' is on the recording of the 911 call."

I'm pretty sure she could be heard in the background.

Please don't read, respond to words that are not in my posts.


Link please so I can read as I have not heard of anything ever being heard in the background of the MS 911 call
 

screecher

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I don't have a link. So, take it with a grain of salt if you want. This is really basic knowledge of the case.
 

Frigga

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In Dina and Jonah's case, they had the had the self-restraint to divorce without "something very horrible happening". And they went on to raise Max in what seeed to be a very amicable and loving arrangement. Until Max had that terrible accident and Rebecca Zahau comitted suicide less than 40 hours later - taking the details of Max's accident with her. She did it to avoid answering more questions, IMO.

That is ONE problem with the Zahaus' civil case and why I believe it will be thrown out oToo many people in San Diego and Coronado believe the SDSO's deterrmination of suicide was correct, and believe the greater mystery is what really happened to little Max.f court in November.

Jade- you may want to consider the post that I was responding to- and why I responded the way I did. BBM

I made no such claim that my post was an educated assertion- that's on you. It was a personal opinion of what the people in San Diego that I know, personally think. MOO
 

kittychi

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And it is also possible that Jonah and Dina were careful to NOT argue in front of Max, hence, only the ONE incident where Jonah cursed in front of Maxie, and that could be why Dina called the police that night - because she DID NOT want Max to witness any arguing, correct?

IMO, they seemed to cooperate with each other where Max was concerned. So we can speculate all we want, but we still only have those TWO police visits to the house and no arrests.

Interesting that Dina herself called Max the "Peacemaker"
 

Frigga

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^^^ What a position for a little boy to be in. Sad.
 

screecher

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^ I agree. Can't imagine how scared he was.
 

Jade

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Jade- you may want to consider the post that I was responding to- and why I responded the way I did. BBM

I made no such claim that my post was an educated assertion- that's on you. It was a personal opinion of what the people in San Diego that I know, personally think. MOO

Sorry that it was not taken in the way you meant.

I was following the conversation.
I didn’t mean to pick on you in any way.

I took what you said as that is how you based your theory.

Please take my point that there are lots of folks in So Cal, SD and Coronado and we all have our opinions based on personal experience…..but often it all amount to a hill of beans when the truth is learned.

Again sorry for an errant post



imo
 

LuckyLucy2

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This is all we know about the 911 call made when Max fell, this and that Mary Zahau said on the last Dr. Phil show that Rebecca called her AFTER the accident and BEFORE she called Jonah.

Mary said Rebecca said, "She was having a bad day, and might not be able to talk to her much, and that she now needed to call Jonah"

Also, note that Dina Shacknai never received a copy of the 911 call.



From the 11/07/11 audio interview of Max Shacknai's aunt, Nina Shacknai, with David Gotfredson of San Diego's CBS8.


Gotfredson: What do you know about this voice mail that Jonah left for Rebecca, that supposedly was the trigger that set her off or made her commit suicide?

I honestly don’t know anything about that, um, you know Jonah didn’t speak to me about his feelings with Rebecca. Um, So, I have no information on that, I don’t know. You know, I can only image, and this is my personal opinion, I believe, that she knew more, than what she told Jonah, and, that, that is why, she did what she did, because she knew that she didn’t give him CPR in 2 minutes.

And you know I don’t want to get into this mud slinging contest, you know I think its terrible, I think, its disgusting, but I think that is why, I think she did what she did. Because she had to know that the relationship that she had was never going to be same. You know, how do you be in a relationship with somebody…you’re not married to them, that’s not your child. You know, how could you be in that relationship, how could that relationship ever be the same again? So you know, I think she knew more than she was admitting to?

Gotfredson: Are you saying she felt guilty because she didn’t do the CPR or are you saying that she was responsible for his death and tried to cover it up by throwing him down the stairs or something like that?

I can’t speculate what her, mind set was, obviously I can’t speculate on that, I’m just, I don’t, in my opinion, I don‘t think she did CPR. I don’t believe she did. You know based on, the ambulance report . It said no CPR was performed. I don’t believe she did it. Um, the type of brain injury that he had? The doctors said, “There’s no way that CPR was done in 2 minutes. It’s not possible.”

Gotfredson: And where did the 2 minutes originally come from. Backup a few minutes and tell me where you heard that.

My sister told me that Jonah had told her that Rebecca told him, that she found Max and was doing CPR within 2 minutes of him falling down the stairs.

Gotfredson: And I’m guessing that Dina now has the reports related to her son, and the 911 call related to the death her son?

They haven’t given us the 911 call. I’ve heard it.

Gotfredson: Was there an y indication from the 911 call that XZ a made related to Max that they were doing CPR or that they were giving instructions to Rebecca to do CPR? Walk me through what you heard on that 911 call.

The 911 call was very strange, it ,uh, it was uh XZ calling, and…it, it was really strange, it was a really, really strange phone call, because first they ask, like, “911 what’s your emergency?” and she said that, that, “max had fallen down the stairs”, and the 911 operator, uh, initially they weren’t getting a clear picture, because first she said “he was breathing”, then she said he wasn’t breathing , then their asking the address and Rebecca was in the background saying, “1040 Ocean, 1040 Ocean”. The address is 1043, so…they got the address wrong, and then… throughout a lot of the phone call, Xena wasn’t talking. it was really strange, the operator was saying, "Hello are you there? Hello?", and XZ would say, “ …Yes”, and then she’s saying, um, you know, uh, “Is he breathing? ”Yes.” “Ok, so he is breathing?, “Yes”, “Ok are you sure?” …,“No”. It was BIZARRE.. And there were these long pauses in between her answers.

And then, when it gets to the point where he’s NOT breathing, you can hear Rebecca in the background, and, she’s, sounding, you know, uh kinda frantic? And, then, all of a sudden, you hear, like XZ stop talking, just literally STOP talking.

And the 911 operator’s saying, “Hello?, Hello?”, and you hear Rebecca say, “Are you still on the phone?” And you hear XZ say, “Yes”.

And then you can hear the dog barking,…about ¾ of the way through the phone call you hear the dog barking. All of a sudden.

Gotfredson: Because the ambulance is arriving?

I don’t know… it was bizarre. It was almost as if the dog just walked in.

Gotfredson: Did you hear any instruction at all in terms of CPR, or, or anything like that?

Um, no, no, there was no like, “Do this and check compressions and 1, 2, 3”. No, there was none of that, not anything like that, so I don’t think she did CPR, that’s my opinion. I don’t believe she did.

My guts says…even the ambulance report says no CPR was done prior to their arrival. So you know? The ambulance was the first on the scene, from my understanding. Ambulance and Fire? She would have had to tell them. And I believe they said that when they came in, that Maxie was also on his stomach. So how do you give CPR if someone’s on their stomach?

Gotfredson: Why do you think she didn’t give him CPR?

I don’t know. Great question. I don’t know. I mean, that’s my thinking. I mean, I don’t know, who knows? Maybe she was in the backyard, maybe she was distracted, maybe she came in and found him and had no idea how long he’d been lying there. I have NO idea.

I do think that she knew more than what she was telling. That’s the feeling, that she wasn’t being very forthcoming, and I felt like, she knew more. And, because of that, she took her secrets with her. That’s what I feel like.
 

LuckyLucy2

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I think XZ being sent home so quickly after the accident speaks volumes. Why was there such a rush to get her out of town?
 

Jade

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I know if nothing else she could have been such a comfort and help to RZ

So why? She was to be there for two weeks

What about X got such a bad cut requiring stitches.

Rhetorical questions though because I know we can’t sleuth minors



imo
 

Jade

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I wonder what bearing the State Attorney General rejecting JS request to review MS & RZ cases would have on the current case.

The office launches such reviews, Gillette wrote, if there is a conflict of interest on the part of local law enforcement, if a local agency has requested assistance or if there are allegations of malfeasance.


Shacknai said he hoped a review by the attorney general would help the Zahau family accept the fact Rebecca committed suicide and stop the "vicious speculation and innuendo in certain media outlets."

In his letter to Harris, Jonah Shacknai, a pharmaceutical industry executive, had concluded, "I pray Max and Rebecca are now at peace, and I hope you might be able to help the rest of us devastated by their losses achieve some peace and closure as well."

http://latimesblogs.latimes.com/lanow/2011/09/ag-turns-down-request-by-jonah-shacknai-to-review-coronado-death-cases.html

So the conclusion by the State Attorney’s office is that there was no malfeasance or conflict of interest by CPD, SDSD or San Diego medical examiner in their conclusion that Max died of an accidental fall and RZ by suicide?

Isn’t this a hurtle for the wrongful death suit?



imo
 
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