Wrongful Death Suit filed Nov. 13, 2013 in California

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and those were found in a wastebasket in the guest house, IIRC. Wasn't it revealed that Jonah told LE that those underwear belonged to his daughter and didn't need to be tested? SDSO took him at his word and didn't test them.

Wasn't it said that there was a sleepover at the house the earlier in the week? That one of the teenagers at the party supposedly left them?

Ah..this one came straight from SDSO and is right there on their FAQ about the case:

http://www.sdsheriff.net/coronado/faq.html
Why didn’t we collect and process the panties in the trash?
As with many items seized during the service of a search warrant, the panties in the trash at the guest house were seized because we did not know what the significance of that item was at the time. Investigators have one chance to seize items at a search warrant service, so items must be seized even if there is only a possibility it may be related. The investigation revealed this item was likely related to a girl’s slumber party at the mansion in the days leading up to Rebecca’s death. They were not tested for evidence of sexual assault because that examination was conducted on Rebecca herself. No evidence of such a crime was found. They were not tested further because taking into consideration the size of the mansion, and the fact it was open to family and friends, we had to focus our investigation on items directly related to the event in question; items we knew had to be handled or disturbed during the course of the event as it unfolded. Fingerprints, DNA, and other items left behind in other areas of the mansion have limited value in proving or disproving a crime.

So once again, in a case high profile enough to warrant it's own SECTION of the SDSO website, the only article of clothing taken during the warrant was not tested. Because it was likely related to a girl's slumber party prior to the murder? SMH

ALWAYS MOO
 
06/25/2014 Docket Text: Order on Motion to Dismiss for Failure to State a Cla
ORDER Granting (Doc. [28], [29], [30]) Motions to Dismiss with Leave to Amend. If Plaintiffs wish to file a second amended complaint, they must do so on or before 7/8/14. Signed by Judge Thomas J. Whelan on 6/24/14. (cap)

07/08/2014 Docket Text: AMENDED COMPLAINT with Jury Demand (Second Amended Complaint) against Nina Romano, Adam Shacknai, Dina Shacknai, filed by Mary Zahau-Leohner, Estate of Robert Zahau, Pari Z. Zahau. (Attachments: # (1) Proof of Service) (Greer, Curtis) (av1).


BBM - document is attached

Thank you TIME...I appreciate your ability to attach documents so they can be read in their entirety. There was so much emotion welling up inside of me as I read the details of the lawsuit, I actually screamed out loud. (my spouse thought I had been injured.) The details of unfathomable cruelty committed upon Rebecca, conveyed word by word, action by action, and linking physical evidence to conditions stated on the autopsy report.... so powerful, so painful... difficult/emotional to read.
Wow, to delineate the role of each person (could have?)contributing and abetting this tragedy.
I kept thinking, "How is it possible for 3 adults (in their 40's, no less) working in concert, to commit such atrocities?" Any one of the people being sued could have stopped the escalation of violence.
I realize the document is a "lawsuit" and not all details are known, but I found it a lot easier to believe than the strange charts and comments previously provided in SDSO's press conference.
 
I have the greatest respect and sympathy for the Zahau family. Their restraint, honesty and persistence have been amazing throughout this ordeal. They are owed so much for the loss of RZ and for the misery, lying, insults and innuendo that have been publicly inflicted on them by Jonah's family. Most of all, Rebecca and Max deserve real justice. They deserve to have the truth emerge about the facts of both tragedies. The citizens of San Diego and Coronado also deserve to have the information they need to judge whether their elected officials are doing their jobs and respecting the rights of everyone.

The information about Rebecca's missing clothing is quite shocking. Why did no one in LE question this? Their failure to disclose this information puts every other excuse they've made look highly suspicious, from the inability to retrieve RZ's phone messages, to delays in getting phone records, to the complete dismissal of so much evidence.

Was Paul Pfingst sent to the crime scene to retrieve RZ's clothing? He probably couldn't have hidden everything on his person, but perhaps there was some article of clothing or other piece of evidence left behind that he was sent there to retrieve. Who contacted Pfingst with these instructions? Was he stopped by the police before he could do a full sweep of the crime scene and remove incriminating evidence?

It would be very helpful to retrieve conversations and text messages, etc. between the accused parties that evening to determine exactly what transpired. I still believe its possible to retrieve that information.

It must have been painful for Rebecca's family to allow details of the crime to be made public, but it was a necessary step. This had to be revealed to the court to keep this case alive. I have a feeling there are many, many more details that will be made public before this case is decided. What we know now is probably just a fraction of the facts.

I agree that text/phone messages retrieval amongst the POIs should be done. Why they weren't retrieved in the first place by SDSO indicates early bias by the Sheriff's office in sweeping under the rug any possible indications of foul play in Rebecca's death.
 
On the warrant #41227 which can be viewed here it states at #2 on the handwritten list (page 3) "Pair Black Gloves" and on the same list at #21 (page 4) "Black Latex Glove".

The above warrant does not show any articles of clothing other than "Underwear" listed at #20 (page 4).

I believe these were two different items. The one black latex glove was found on stairwell, IIRC. I thought there were actually two pairs of black gloves found at crime scene, not just one pair?
 
I finally had the chance to read the revised complaint. Kudos to the Zahau family and their lawyers for having the courage to be bold and blunt and specific about the POIs and what they are alleging each did/participated in doing to the innocent victim Rebecca that ultimately resulted in Rebecca's untimely, gruesome, tortured death. Not certain what happens next but I'm hoping the Grand Jury is brought in to review the case and grant a murder trial.

If anyone has further info, please post here. I find the new Coronado Patch difficult as I don't even know where the "Search" feature is anymore...
 
37.
07/22/2014 Motion to Dismiss
Docket Text: MOTION to Dismiss Second Amended Complaint by Nina Romano. (Attachments: # (1) Memo of Points and Authorities Memorandum of Points and Authorities Motion to Dismiss SAC, # (2) Exhibit Exhibit A, # (3) Proof of Service Proof of Service)(Wessel, Darin)

Document Attached

Note: I looked at Exhibit A and it just appears to be the autopsy, etc.... docs we already have
 

Attachments

  • 8305069-1--10016.pdf
    67 KB · Views: 25
38.
07/25/2014 Motion to Dismiss for Failure to State a Claim
Docket Text: MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Adam Shacknai. (Attachments: # (1) Memo of Points and Authorities In Support of Motion to Dismiss Second Amended Complaint, # (2) Declaration of Randi Rader, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E)(Adkins, Robb) (yeb).

I downloaded Memo of Points but not the other docs due to cost (However, I believe most of them are documents we already have like the autopsy etc.... sorry I haven't read it all yet, just wanted to make these documents available)
 

Attachments

  • 8316060-1--11439.pdf
    151.9 KB · Views: 18
Thanks Time for attachments.

"Information and belief" - Adam's lawyer keeps stating that the SAC contains merely information and belief but doesn't information by definition include physical evidence? Plus the Zahau lawyers have included the physical evidence to date (e.g., items found at crime scene, including cryptic painting of words on door which don't match Rebecca's handwriting; Rebecca's missing clothing's, etc.; Rebecca's extremely soiled feet which precludes her having just come out of shower to commit her own suicide in bedroom/balcony). And all legal cases such as wrongful death suits start with a premise replete with "information and belief" that is to be proven in court.

As to "each must enter the realm of plausible liability" I see all the physical and circumstantial evidence pointing to a party other than Rebecca murdering her. The most cogent of which is the lack of Rebecca's DNA and prints on the balcony floor and railing, particularly given that her wrists were bound behind her back and her ankles were also tied up. That is sufficient evidence in my book to conclude someone other than Rebecca picked her body up and threw Rebecca over the three feet high balcony railing.

Re: "Coroner's report" contradicts the SAC. Well, a second distinguished medical examiner, Dr. Cyril Wecht, did an autopsy on Rebecca's body and found that it was highly likely that Rebecca had met with foul play by third parties. So Dr. Wecht's report and conclusions can be used to refute the one SD coroner's report.

I sincerely hope a Grand Jury is called to review case and that an indictment is given.

38.
07/25/2014 Motion to Dismiss for Failure to State a Claim
Docket Text: MOTION to Dismiss for Failure to State a Claim Second Amended Complaint by Adam Shacknai. (Attachments: # (1) Memo of Points and Authorities In Support of Motion to Dismiss Second Amended Complaint, # (2) Declaration of Randi Rader, # (3) Exhibit A, # (4) Exhibit B, # (5) Exhibit C, # (6) Exhibit D, # (7) Exhibit E)(Adkins, Robb) (yeb).

I downloaded Memo of Points but not the other docs due to cost (However, I believe most of them are documents we already have like the autopsy etc.... sorry I haven't read it all yet, just wanted to make these documents available)
 
Thank you Time for sharing the documents! Much appreciated :) Off to read...
 
Doh, I just realized we didn't have Dina yet, so I went back into Pacer.gov and it is there now. I downloaded both large documents this time...

8322601-2--25271 - Memo of Points and Authorities
8322601-3--25638 - Request for Judicial Notice (contains Investigation Narrative, Autopsy, Toxicology)

39.
07/29/2014 Motion to Dismiss
Docket Text: MOTION to Dismiss Second Amended Complaint of Plaintiff by Dina Shacknai. (Attachments: # (1) Appendix, # (2) Memo of Points and Authorities, # (3) Request for Judicial Notice, # (4) Proof of Service)(Mathews, Bradley)Attorney Bradley R Mathews added to party Dina Shacknai(pty:dft)(yeb).
 

Attachments

  • 8322601-2--25271.pdf
    1.1 MB · Views: 22
  • 8322601-3--25638.pdf
    1.3 MB · Views: 11
I finally had the chance to read the revised complaint. Kudos to the Zahau family and their lawyers for having the courage to be bold and blunt and specific about the POIs and what they are alleging each did/participated in doing to the innocent victim Rebecca that ultimately resulted in Rebecca's untimely, gruesome, tortured death. Not certain what happens next but I'm hoping the Grand Jury is brought in to review the case and grant a murder trial.

If anyone has further info, please post here. I find the new Coronado Patch difficult as I don't even know where the "Search" feature is anymore...

They say the "Search" feature is coming back, but I agree, the new format is abominable.
 
Doh, I just realized we didn't have Dina yet, so I went back into Pacer.gov and it is there now. I downloaded both large documents this time...

8322601-2--25271 - Memo of Points and Authorities
8322601-3--25638 - Request for Judicial Notice (contains Investigation Narrative, Autopsy, Toxicology)

39.
07/29/2014 Motion to Dismiss
Docket Text: MOTION to Dismiss Second Amended Complaint of Plaintiff by Dina Shacknai. (Attachments: # (1) Appendix, # (2) Memo of Points and Authorities, # (3) Request for Judicial Notice, # (4) Proof of Service)(Mathews, Bradley)Attorney Bradley R Mathews added to party Dina Shacknai(pty:dft)(yeb).
OMG....OMG....Did I read that correctly? I have a difficult time following a lot of legal filings, but it appears no argument about "being there"...the argument is "who specifically choked Rebecca"
and that is why the lawsuit should be thrown out?
I apologize in advance if I have misunderstood the explanation, but it seems as if the lawsuits are being requested to be dismissed because "the actions of the defendants are not exactly delineated"???? Isn't that is what a trial is all about and/or what a trial is suppose to decide?
 
OMG....OMG....Did I read that correctly? I have a difficult time following a lot of legal filings, but it appears no argument about "being there"...the argument is "who specifically choked Rebecca"
and that is why the lawsuit should be thrown out?
I apologize in advance if I have misunderstood the explanation, but it seems as if the lawsuits are being requested to be dismissed because "the actions of the defendants are not exactly delineated"???? Isn't that is what a trial is all about and/or what a trial is suppose to decide?

OK, this is odd, it may appear I am replying to myself....but I felt I needed to clarify my aforementioned statement. I was under the assumption that: ONE CONTINUOUS FELONIOUS ASSAULT, (WHETHER ALONE OR IN CONCERT), THE PLAINTIFF DOES NOT HAVE TO PRECISELY LIST EVERY ACTION, BLOW BY BLOW....ESPECIALLY IF (the defendants) PARTICIPATION RESULTED IN A DEATH. The victim is not alive and can not tell anyone the details. Maybe it is different for civil cases, IDK....but all parties in a bank robbery (resulting in a death) are guilty of murder, even if "the only participation" was driving the getaway car, being a lookout, or just holding a gun on the other bank patrons, right?
Hope my question makes more sense, now. Good night and prayers to all.
 
OMG....OMG....Did I read that correctly? I have a difficult time following a lot of legal filings, but it appears no argument about "being there"...the argument is "who specifically choked Rebecca"
and that is why the lawsuit should be thrown out?
I apologize in advance if I have misunderstood the explanation, but it seems as if the lawsuits are being requested to be dismissed because "the actions of the defendants are not exactly delineated"???? Isn't that is what a trial is all about and/or what a trial is suppose to decide?

I'm kind of laughing because I am also scratching my head reading this. I have no idea if it is good legal argument either.

Dina... "cannot be liable for the alleged conspiracy to kill Rebecca Zahau, because Plaintiffs do not allege that"... Dina agreed to participate in the conspiracy by committing battery. Maybe this is all crafty lawyering, but they also seem to be claiming that the Plaintiffs made up theories while complaining they have no theory about how this conspiracy was formed?
 
Dina et al have $$$ on their side, plus the (favorable) bias and treatment that her wealth provides via law enforcement, etc. as has been seen. This is maddening and it scares me that "whoever has the most $$$" may win this unfair fight.

I believe the Zahau's allegations, based on what I have read to date. I cannot imagine how helpless it must feel to not be listened to and acknowledged when they know something untoward happened to Rebecca.

Does anyone know of a legitimate donation fund for the family's legal battle? I hope it's ok to ask this here.
 
OK, this is odd, it may appear I am replying to myself....but I felt I needed to clarify my aforementioned statement. I was under the assumption that: ONE CONTINUOUS FELONIOUS ASSAULT, (WHETHER ALONE OR IN CONCERT), THE PLAINTIFF DOES NOT HAVE TO PRECISELY LIST EVERY ACTION, BLOW BY BLOW....ESPECIALLY IF (the defendants) PARTICIPATION RESULTED IN A DEATH. The victim is not alive and can not tell anyone the details. Maybe it is different for civil cases, IDK....but all parties in a bank robbery (resulting in a death) are guilty of murder, even if "the only participation" was driving the getaway car, being a lookout, or just holding a gun on the other bank patrons, right?
Hope my question makes more sense, now. Good night and prayers to all.

What you are saying makes sense to me. Are they trying to get rid of the 'conspiracy' part of it? I don't know, does conspiracy hold a higher sentence or did they just pick at this aspect thinking it was the most vulnerable of the Plaintiffs argument My first thought is that someone is afraid there is evidence of a murder. It's odd so much.. thanks for the comments and I'm looking forward to more of yours and the other posters here.
 
Dina et al have $$$ on their side, plus the (favorable) bias and treatment that her wealth provides via law enforcement, etc. as has been seen. This is maddening and it scares me that "whoever has the most $$$" may win this unfair fight.

I believe the Zahau's allegations, based on what I have read to date. I cannot imagine how helpless it must feel to not be listened to and acknowledged when they know something untoward happened to Rebecca.

Does anyone know of a legitimate donation fund for the family's legal battle? I hope it's ok to ask this here.

I believe there was one, but it probably expired?

I agree with you on the money end, plus, they did not have access to the evidence and LE did not pursue this as a murder so a lot of would be evidence was never investigated.
 
Holy chit batman!!!
wow. Now those allegations are pretty precise.

They allege dina struck rz on the head to unconsciousness, and adam strangled her, bound her, and tossed her off the balcony. All while dina and/or nina sat on the bed to weight it down so it wouldn't move too much. And it alleges adam is the one to write the message on the door. Wow.
 
Justice for Rebecca

The forum will not allow me to post the link, but it is justice for Rebecca. No spaces, .com

This one may still work. The Indiegogo campaign is closed.
 
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