Wrongful Death Suit filed Nov. 13, 2013 in California

Discussion in 'Rebecca Zahau Nalepa' started by Salem, Nov 18, 2013.

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  1. bourne

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

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    Evidence as plain as day that all three were present:
    1) Adam *admits* to police (and on videotape with polygrapher) he was physically present all night at the Spreckels mansion the night/morning Rebecca was murdered; he even *admits* he found her hanging and cut her down with a knife he took from the Spreckels mansion kitchen;
    2) Nina *admits* to police and the media (CBS8 via audio interview) that she was physically present at the Spreckels mansion during timeframe Rebecca was murdered;
    3) Dina is physically observed by a whole family of impartial eyewitnesses (unrelated to Zahaus or Shacknai/Romanos) to be at the Spreckels mansion during timeframe Rebecca was murdered; eyewitness even states that he saw Dina "acting bizarrely" at front door while carrying a large black bag and that he saw Dina walking to back of Spreckels mansion too.

    How's that for physical evidence?

    All three defendants (Dina, Nina and Adam) had *motive, opportunity, and means* to murder Rebecca. Jury is not stupid. They will put two-and-two together and see that some combination of these defendants tortured, humiliated, and killed Rebecca. In this case, both circumstantial and physical evidence proves (to me, beyond a shadow of a doubt, beyond reasonable doubt) but in this civil case, Zahau lawyers only need to prove by a *preponderance of evidence* (that means just slightly more than 50% more likely than not) that Rebecca was heinously and sadistically murdered by a combo of the three defendants. That, my friends, mean Dina and Nina and Adam must all be *****ting in their pants (pardon french) and running scared right about now. Happy holidays!
     
  2. LuckyLucy2

    LuckyLucy2 Former Member

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    1.) Adam stated to police that he last saw Rebecca at 8 pm. He took an ambian and slept behind 12' concrete walls and did not leave the guesthouse until he left at 6:45 and found Rebecca hanging.
    2.) Nina was only at the front door and the gate of Speckels mansion at approximately 10 pm.
    3.) The "witness" was discounted by police. Perhaps his story changed upon questioning. Perhaps the police questioned why someone said they say a woman "acting bizarrly" at one of Coronado's most famous homes, yet did not call police and only came forward a few days after the news broke. Who knows, maybe he was one of the crazies posing in the Coronado Patch and the police discovered that.

    There is nothing at all that places any of the three in the room where Rebecca Zahau hung herself, so I doubt any are too worried. After all, they have a ton of evidence that proves Rebecca and only Rebecca was the person that tied those knots and walked out on that balcony...alone...and made that jump. Not only do the Zahaus have to prove that Dina, Nina, and Adam did all the proposterous things that they allege, they also have to prove that the huge amount of physical evidence that prooves it was suicide is wrong. Can't be done because it is not. It was clearly suicide to those who rely on physical evidence, not wild stories made up from fantasy.
     
  3. Ausgirl

    Ausgirl ...

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    That Adam Shacknai "says" he took an Ambien is proof of -- nothing.
     
  4. K_Z

    K_Z Verified Anesthetist

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    I'm looking forward to learning more about Dina's whereabouts during the critical time period of Rebecca's death. Sheriff Gore confirmed that Dina was not seen on any (that is multiple cameras) surveillance at Rady, but also confirmed Jonah was seen. I don't remember if it was Dina herself, or a supportive poster on one of the discussion sites that started the idea that Dina has "witnesses" that will "confirm" she was at Max's bedside in PICU off camera for the entire time.

    I'm quite curious why those eye witnesses were not discovered by investigators, or why none have come forward up until now? No affidavits, nothing.

    But what I'm sure of is that investigators could not locate those supposed eyewitnesses, and had to resort to triangulating her cell phone to try to provide some kind of indirect idea of her possible location. So, the cell phone has an alibi, but the person does not.

    If there were witnesses that were reliable, Gore would have used them and discussed them. Cell phone triangulation is a last ditch effort to try to establish someone's location, when all other direct methods have failed. It's not a first line measure, because it's indirect and non specific for the person, only the device. And equally clearly, there is no other activity on Dina's phone that established her location. The phone triangulation, IMO, is pretty weak as evidence goes. Particularly in light of the bicycle family and their observations. They were specific right down to the striped shirt they saw, which was clearly not what Nina reports she was wearing.

    IMO, the bicycle family is going to be credible to a jury. And if there is "bombshell" evidence proving that Dina was at Rady, why on earth would she wait 3 years to produce it?

    Max's medical records will almost certainly, IMO, be subpoenaed to look at what was documented in the hours before and after Rebecca's death. And staff will be interviewed again, IMO.

    IMO, Dina has a very serious alibi problem to overcome.
     
  5. K_Z

    K_Z Verified Anesthetist

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    Snipped. IMO, the Casey Anthony case is not a "comparable" to this case for many reasons, which would take much discussion and obviously send the thread far off topic.

    One of the very apparent reasons why this case is not a "comparable" to Casey Anthony is that Adam Shacknai, Nina Romano, and Dina Shacknai are not charged with first degree murder and the death penalty, but are named as respondents in a civil wrongful death case. Vastly different circumstances, by any definition. IMO, juries in civil cases approach their determinations differently than in first degree murder and death penalty cases. The burden of proof is a lot different. And civil juries are rarely sequestered for months at a time. Etc. etc. etc.
     
  6. Carioca

    Carioca Member

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    Helpful as an Ambien defense perhaps? It's worked in other cases. That being said, if his attorneys were to try and resort to that in this case, IMO it would point to premeditation.

    O/T Adam's arrival in Coronado has always been an enigma IMO. His nephew suffers a serious accident on Monday morning. Rather than flying out that night to "be there for his brother," he waits until the next day, arriving late afternoon in San Diego, goes to Rady but doesn't even see his nephew, has a quick bite with his brother, then goes back to Coronado in the early evening. JS had his best buddy Dr L there to lean on. Did JS really want his brother there (someone else to worry about)? Did Adam really want to be there? Whose idea was it for Adam to fly out? Did he ever call JS that Tuesday night to find out how his nephew was coming along? Guess not if he was allegedly whacked out on Ambien. Doesn't make a lick of sense. Why didn't Gore request Adam's phone records?
     
  7. LuckyLucy2

    LuckyLucy2 Former Member

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    Ann Rule states in her book on page 214, (the very one that the Zahaus and Anne Bremner collaborated with her on), that "Numerous witnesses place Dina in the hospital at Max's bedside throughout Tuesday night." So Dina did not leave Max's hospital room that night, and "numerous witnesses" can account for that. Ann had access to the investigative files that the Zahaus received.

    Dina didn't wait three years to produce evidence that she was at Radys. The SDSO/FBI/DOJ would have checked that out in July of 2011. So, no, this is not new to the detectives that actually worked on the case.

    I'm sure the nurses that were on duty and also in Max's room that evening will testify should this make it to a jury…which I doubt.

    I also doubt that jurors would find someone credible that the SDSO/FBI/DOJ did not find credible.

    IMO, it is the Zahaus that have a very serious alibi problem to overcome - Dina's airtight one.
     
  8. LuckyLucy2

    LuckyLucy2 Former Member

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    Yes, and another reason is that Adam, Dina, and Nina have already been found innocent by the San Diego Sheriffs Department, the Department of Justice, the Federal Bureau of Investigations and the California Attorney Generals office…twice.

    Yes, that is quite different.
     
  9. K_Z

    K_Z Verified Anesthetist

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    Oh, and getting back to Sheriff Gore and Dina's whereabouts, Gore had already made his mind up at the press conference that Rebecca's death was suicide. That means he had absolutely no reason to accuse Dina of anything at that point. But re-watch that press conference and notice how uncomfortable he is with questions about Dina's whereabouts and alibi.

    He clearly did not want to divulge that the only evidence they had for where she was was cell phone triangulation. He was very uncomfortable with those questions, IMO, because he knows exactly how weak that evidence is. It didn't fit his narrative. It was a giant hole in his suicide theory. He was put on the spot, and his answer and body language, IMO, was a huge "tell".

    Gore knew then that it was very weak and inconclusive. It is still very weak and inconclusive, IMO. Unless Dina can produce something more conclusive. So far, we haven't seen anything. And you'd think of all people, she would want to clear her name the most. IMO. But that hasn't been her priority-- going on a media campaign to make accusations about RZ and a minor has been her priority. Interesting behavior, IMO.
     
  10. LuckyLucy2

    LuckyLucy2 Former Member

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    Adam did not receive the news that Max had an "accident" until early Monday evening when his father called and asked him to fly out to be there for Jonah. He would have had to make quick plans to leave. West coast flights from the east are always early morning. Adam would have booked a flight Monday evening, been up late packing and preparing to leave, up very early (4 am or so) in order to make an early morning flight that arrived in San Diego around 3 pm. He went straight to the hospital, then back to Speckels, and crashed in an guest house that had 12' concrete walls. Why would Adam call Jonah when he had just left the hospital. It was 11 pm Memphis time, and he had a very long day and would have been very tired.

    The Zahaus have no proof at all that he ever left the guest house that night, and no proof at all that he was ever upstairs in the mansion. That's a big problem for them. They have no evidence.
     
  11. MaybeNotToday

    MaybeNotToday New Member

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    And just because the bicycle family "says" they saw something is proof of - - nothing.

    See, arguments can be used both ways
     
  12. bourne

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

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    First of all, physical evidence as to who was in the balcony and/or murder room could have been obtained had the police attempted to secure the areas and collected (and analyzed) the relevant evidence. However, clearly this was not done by the police.

    How do we know? Well, a police officer *admitted* that he stepped onto the dusty balcony where Adam alleged he found Rebecca hanging by a noose and stepped right on top of other shoe/footprints on the balcony floor.

    Jury will ask WHY was the balcony not secured and the officer not more careful about contaminating a crime scene? The jury will also inquire reasonably WHY was Rebecca's nude, bound body left out by the police in the scorching hot summer sun to rot and physical evidence destroyed by the elements for over 13 plus hours? WHY was a defense attorney Pfingst who worked for Shacknai allowed to step over the police barricade/caution tapes and into the crime scene? WHY were the blood drops found on the floor of the Spreckels hallway and murder bedroom and bathroom(s) not analyzed? What about the clump of hair found in the bathroom? WHY was there a woman whose size and posture and hair looked exactly like Dina, a potential suspect in a murder, allowed to enter the Spreckels mansion the morning Rebecca's body was found? WHY was there inconclusive DNA found on the inside of gloves found at the crime scene? WHY was Dina, Adam and Jonah's DNA not collected for potential matches to crime scene? WHY was Dina's whereabouts only flimsily guessed by use of cellphone triangulation when she claims she had eyewitnesses who saw her by her son's side the entire night? WHY was Dina NEVER seen on videocamera at the hospital where she claimed she was sitting by her son's bedside during the timeframe Rebecca was viciously and brutally murdered? Etc.

    So many questionable investigative techniques were used by the police in this case. The jury will clearly see the evidence was *skewed* and *distorted substantially* by the head cop, Gore, to *appear* as if Rebecca committed suicide. WHY?

    However, second of all, and more importantly, the jury will see by a *preponderance of physical and circumstantial evidence* that Rebecca was MURDERED. And they will ask *WHO* had the most motive, and whether or not, these person(s) with the most motive had means and opportunity. If yes, the defendants will most certainly be found guilty.

    Third, remember, just because a murderer wipes away their DNA and prints from a crime scene does not exclude them from having murdered an innocent victim. A civil case only need *preponderance of evidence* which is relatively easy to establish when there is an overabundance of physical and circumstantial evidence as exist in this case.
     
  13. bourne

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

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    Your opinion is most evidently false. The bicycle family are *impartial, unbiased, objective* bystanders to the case. They do not have any relationship to the Zahaus or Shacknais or Romanos so they clearly have nothing to gain nor are they invested in the outcome of the case. That means, they do not care whether Rebecca's death is ruled a suicide or murder, and the fact that they came forward immediately upon Rebecca's death means they are telling the truth.

    Unlike the defendants accused in this case of a murder: Dina, Nina, and Adam clearly have ulterior motives to *lie*. None of these defendants want to be found *guilty* of a heinous crime and be punished in a court of law. So certainly anything coming out of these three's mouth, any reasonable juror/judge/person who uses critical thinking skills must question.
     
  14. bourne

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

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    If Dina's alibi is airtight, why did Gore not say this at the press conference instead of looking and sounding flustered and equivocal? Why did he look towards a colleague for assistance in answering the reporter's question about Dina's whereabouts, and finally said Dina's "alibi" was found via cellphone triangulation? Why did he not clearly state that they have *videotape* evidence of Dina being at Max's bedside, or even entering the hospital, as Gore clearly stated that there was clear videotape surveillance evidence of Jonah being at the hospital? HOW is it that Dina's physical presence is *undetected* by any hospital surveillance camera/videos whereas Jonah's is clearly seen during the timeframe Rebecca is found murdered?

    If you can answer HOW that can be, perhaps we can revisit your mistaken opinion that Dina's alibi is "airtight". Until then, your statement is clearly and unequivocally false.
     
  15. MaybeNotToday

    MaybeNotToday New Member

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    How do you know the bicycle family is impartial? Furthermore, how do you know they weren't mistaken?
     
  16. LuckyLucy2

    LuckyLucy2 Former Member

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    It is very suspicious to me, and it will be to the Judge, and any jury should this go to court (which I doubt unless the Zahaus come up with some real evidence), that this upstanding, perfect, impartial family man, sees "someone acting bizarrely" on the front steps of the most famous residence in town, yet doesn't call the police to report that. He only reports it after the case breaks. Most people will find tht suspicious behaviour.

    And since LE interviewed the man and then did not believe his story tells me his story changed, or he was somehow related to the Zahaus, or perhaps had posted against the Shacknais in the first few days after Rebecca's suicide - in the Coronado Patch, or one of the San Diego news sites that was running rampant with wild accusations - and they felt he had alterier motives - they do check those things so that is entirely possible.

    There was something about this person that made him not credible or believed by LE. Doubt a jury will discount that like some posters here think.
     
  17. LuckyLucy2

    LuckyLucy2 Former Member

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    Nope, my statement is correct, and I have the SDSO, FBI, DOJ, and Anne Rule to back me up on that.

    Ok, I get it. You didn't like the way Sherrif Gore answered a question at the press conference. Ok. But that doesn't mean that Dina killed Rebecca Zahau, and it doesn't make all the physical evidence that it was suicide go away.
     
  18. cynic

    cynic Well-Known Member

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    Snipped and BBM
    It was *only* 4 hours in Ferguson and the police apologized.

    Ferguson, Missouri, Police Chief Thomas Jackson apologized Thursday to the parents of Michael Brown, as well as to any peaceful protesters who feel he didn't do "enough to protect their constitutional right to protest."
    Specifically, he apologized that it took investigating officers four hours to remove Brown's body from the street after Officer Darren Wilson fatally shot him last month.
    "I'm truly sorry for the loss of your son. I'm also sorry that it took so long to remove Michael from the street," he said during his video statement.
    Investigators were doing "important work" trying to uncover the truth and collect evidence during those four hours, Jackson said, but "it was just too long, and I'm truly sorry for that."
    http://www.cnn.com/2014/11/13/us/ferguson-timeline/
     
  19. kittychi

    kittychi Active Member

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    Excellent point, Cynic. SDSO barely acknowledged the glaring, obvious disregard and lack of respect for Rebecca. (IMO there is a racist component there, also.) We all know they could have erected a canopy, but didn't. If I remember correctly, their excuse was because the medical examiner could not get there until the end of the day because he and his staff were at a conference. But to my knowledge, they did not ever apologize to the family.
     
  20. Ausgirl

    Ausgirl ...

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    It would have taken them a lot less than 13 hours to FLY an examiner in from somewhere else. Was every ME in the country busy that day? Did they run out of materials, state-wide, with which they might have covered her body?

    I've always thought that a very very weak excuse, especially in light of the fact no canopy or other covering was erected to a/ protect the evidence (for obvious reasons; also, there was a Shacknai lawyer left free to wander about at will..) and b/ protect the dignity of the victim of a suspicious death.

    It also strongly suggests a set of very skewed priorities.
     
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