Wrongful Death Suit filed Nov. 13, 2013 in California

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As the Daily Beast article by defense attorney, Roy Black, has been raised in support of the suicide theory of the case, I feel that the numerous errors within it should be underscored.
The DB article in full may be found here:
http://www.thedailybeast.com/articl...bysitter-rebecca-zahau-s-death-no-murder.html

Excerpts and my comments are below, (my italicized comments in blue.)

After nearly two months of intensive investigation by these four reputable law enforcement agencies, it was conclusively determined that Max’s death was an accident and Rebecca Zahau’s death was a suicide...

I’ll agree with the part about two months.

Once I drilled down to the actual facts, rather than opinions, I could clearly see how it all happened.

It would appear that Mr. Black is in a very elite group. Most people, even the most eminently qualified experts, on both sides wouldn’t claim to “clearly see how it all happened.”

Unfortunately not all of the commentators or experts have taken the time to actually read the reports, let alone analyze them, and the result has been a variety of half-baked theories and opinions despite the facts.

See my comment at the end of this post.

After two days of hopeful reports, Rebecca Zahau for the first time learned in a 12:50 a.m. voicemail message that Max was brain dead, on life support, and his death was inevitable.

We have only the uncorroborated word of Jonah that this is true. IF Nina and Dina are to be believed they offer a different timeline.
Nina claimed [during her November 7 New8 interview] they would never bring on additional grief to themselves, especially while Max was struggling for his life, saying nobody had any indication until Thursday, the day after Rebecca's death, that Max would not survive his injuries.
http://www.examiner.com/article/nina...w-max-shacknai
DINA SHACKNAI: I didn`t. I -- it happened on Friday, the first. He suffered from brain death and on Friday morning, approximately 6:30 in the morning, the EEG went flat and I thought something was wrong with the machine. [...] And it was soon clear that the doctors came in and said, you know, that he was brain dead.
http://transcripts.cnn.com/TRANSCRIP.../ddhln.01.html

The crime scene technicians collected 10 DNA samples: from the rope used to bind her hands and feet, the rope looped around her neck, the section of rope anchored to a footboard of the guestroom bed, and a small knife next to the bed which may have been used to cut the rope. All the DNA collected was Rebecca’s, and none was from any third party.

Not true
Sheriff's Crime Lab Director Michael Grubb did not dispute the presence of unidentifiable, mixed DNA at the Coronado scene.
[SNIP]
In addition to the fingernail sample, unidentified DNA also was recovered from the rope used in Zahau's alleged hanging; a large knife used to the cut the rope; the bed frame to which the rope was tied; a door knob on the balcony door; and a pair of black gloves found on a table in the mansion, Grubb said.
http://www.cbs8.com/story/16068012/mixed-dna-all-over-zahau-death-scene-some-evidence-not-tested

The technicians collected a significant number of fingerprints: from the guestroom door entry, the balcony door, the bed leg holding the rope, and from another knife discovered in the guestroom. All these prints were Rebecca’s and none were from a third party.

Proper precautions and staging to leave biological evidence and fingerprints from the victim could account for this.

The floor of the balcony holding the rope was very dirty and easily captured footprints. Only her footprints--other than a police officer’s boot--were found.

According to Godwin’s examination, there was ANOTHER set under the supposed officer’s footprints: “It appears to me that the officer stepped on top of another print based on this photograph. This indicates that a second person was on the balcony with Rebecca,” Dr. Godwin says.
The renowned expert has harsh criticism for the San Diego Sheriff’s Department’s handling of Rebecca’s investigation. “One of the major crime scene mistakes was to step on the balcony before completely photographing and videotaping it. Also, the police did not scale Rebecca’s prints with a tape measure. No doubt the police should have been wearing booties,” Dr. Godwin asserts.
http://radaronline.com/exclusives/2...prints-found-balcony-reveals-forensic-expert/

There was no evidence of a struggle, and she didn’t have any defensive wounds on her body.

No defensive wounds? Of the great many injuries and abrasions detailed in the autopsy report, Mr. Black cannot conceive any to be defensive in nature?

How could anyone do all this without leaving behind a scintilla of microscopic evidence?

There’s too much involved in a rebuttal here. It has been outlined at length in a number of posts in a number of threads. For a start he failed to consider the fact that mixed DNA was found.

We have to assume that if another person did this to her, she would have aggressively fought back

If she was surprised and outnumbered, rendered unconscious by blows to the head and then restrained, the fight could have been minimal.
Mr. Black completely fails to acknowledge the potential significance the head injuries to Rebecca.
"A blow or blows sufficient to produce subgaleal, subscalpular hemorrhage could be sufficient for someone to be knocked out, just temporarily, not to produce any damage to the brain, not to cause any prolonged unconsciousness; but one cannot say," Dr. Wecht said. "They are clearly indicia of some kind of blunt force trauma. So, for someone to say there is no evidence whatsoever of any kind of a struggle is not correct."
http://www.cbs8.com/story/15388199/autopsy-rebecca-zahau-found-gagged-with-t-shirt-in-mouth

They would have to have been wearing a full rubber suit or some type of space suit and levitated over the scene.

Speaking of levitation, that must be how Mr Black pictures Rebecca getting over the balcony railing because the evidence doesn’t support the SDSO lean and fall theory.

2z7eer9.jpg

http://www.websleuths.com/forums/sh...oeprints-on-the-balcony&p=7277170#post7277170

…at 12:50 a.m., she hears the shocking news about Max’s worsening condition. Within two hours, in a fit of despair, she hangs herself.

Mr. Black states this with such confidence that you would think that he listened to the voicemail himself. The reality is that he is accepting hearsay as fact.

Video cameras at the hospital also showed Dina was there during that time period.

There nothing in the record that firmly places her at the hospital during the time in question.
Dina's alibi, according to SDSO was through "cell phone triangulation,” While that’s a great alibi for her cell phone it’s not a good alibi for Dina.
http://www.cbs8.com/story/16068012/mixed-dna-all-over-zahau-death-scene-some-evidence-not-tested

And Jonah’s brother, Adam, who discovered Rebecca’s body, was polygraphed and cleared as well.

Of all the mistakes in this mistake-laden article, this is the most obviously wrong.
The polygrapher that gave Adam Shacknai his lie detector test, tells RadarOnline.com exclusively, that the results of the test were inconclusive, and that he recommended to the San Diego Sheriff’s Department that another test be given.
http://webcache.googleusercontent.c...-lie-detector-test/+&cd=7&hl=en&ct=clnk&gl=ca

Let’s see, what was it that Mr. Black said near the beginning of his article? Ah yes, “Unfortunately not all of the commentators or experts have taken the time to actually read the reports, let alone analyze them, and the result has been a variety of half-baked theories and opinions despite the facts.”
I guess the moral of the story/article for Roy Black is that people who live in glass houses shouldn’t throw stones.

I just wanted to bring this post forward again. Notice again the scant amount of dust disturbed on the railing and the noting the scientific implausibility that Rebecca went over the railing on her own, whether forward, sideways or backwards. Scientifically, she needed to be hoisted over in order to leave only that amount of dust disturbed.
 
In the dark, I have that link but since you have me on ignore I cant help you.

I'm tired of the baseless attacks just becouse I want to post about a case I have a connection to.

I am not trying any of those ploys I'm being accused of I am just contributing within TOS like any other long time member

Hopefully the " friends" all have me on ignore so I dont have to bear then every time I'm here

Seeing what is being said about my posting makes me question OP theories even more since they are so wrong about me.

You all will not run me off I've been here too long but I dont have any intrest in being around you all attacking me - what a waste a waste of time

Poor poor Rebecca

I do not have you on ignore. I have never used the ignore feature, in any case, and I'm not sure what you've read that I've written that has you thinking so. Nothing I have written is a personal attack to you or anyone.

AFAIC no one is trying to run anyone off. I'm happy to have an open debate about any of the issues at hand as long as they are within TOS. I will not be run off either. My posts and my opinions are my own. If you feel that you have been attacked in a baseless fashion, then I am very sorry. I'm not here to attack anyone, and I do not feel that I have.

I'm just here to lay out the facts, and I will do so, based on information allowed by TOS. It is not a strange or mysterious mishap that people have differing views on cases on WS, which as a long time member, you must be aware.

So again, kindly if you have it, please provide the link that LucyLucky didn't. I would appreciate that, a lot.

:peace:

ALWAYS MOO
 
In the dark, I have that link but since you have me on ignore I cant help you.

I'm tired of the baseless attacks just becouse I want to post about a case I have a connection to.

I am not trying any of those ploys I'm being accused of I am just contributing within TOS like any other long time member

Hopefully the " friends" all have me on ignore so I dont have to bear then every time I'm here

Seeing what is being said about my posting makes me question OP theories even more since they are so wrong about me.

You all will not run me off I've been here too long but I dont have any intrest in being around you all attacking me - what a waste a waste of time

Poor poor Rebecca

I have removed a post of mine, and I apologize if any of my posts contributed to your feelings Jade, not my intention.

I really do believe we all want justice here- that is a good thing.
 
I just wanted to bring this post forward again. Notice again the scant amount of dust disturbed on the railing and the noting the scientific implausibility that Rebecca went over the railing on her own, whether forward, sideways or backwards. Scientifically, she needed to be hoisted over in order to leave only that amount of dust disturbed.

elfie,

Thank you so much for bringing this up. A long time ago, (well like maybe two years or less) I had my tiny little dancer/model niece at my condo and convinced her to try this out on my balcony. Now, even though I'm in a big city, I didn't have quite the build up of dust that they had at Speckles. We used some flour. I have never in my mind been able to get past these teeny tiny little areas of disturbance. Of course we didn't photograph it or anything like that, at the time it was a lark and I was curious, just because she's such a tiny thing and I thought, well, what would happen if she put her tummy, or her hip, or her thigh on the railing. Don't be alarmed, the big strong DH was gently holding onto her the whole time so she didn't go over.

I'd have to find that long ago post, but the measurements were way, way more than what SDSO is telling us RZ's small athletic body made on that railing. From the first time I saw those measurements and then saw cynic's analysis, I was so stumped. There is NO WAY that someone the height of RZ could propel herself over the balcony and only leave those small traces. Somehow, somewhere her body would have had to press against the balcony.

The largest disturbance is a scant 4 inches. So, even as small, athletic and fit as we know that RZ was, if her tummy was placed against the railing to propel her over, it would have left a much larger impression (assuming that the other two smaller ones are from the rope swaying). I can only assume it would have had to be her tummy because we have those two famous toe prints, so she didn't go over on her thigh. Which I could almost believe, but flesh compresses when it is placed against something and even her 100# would have compressed her thigh to more than four inches against the railing. But then, of course, there would have been ONE print on the balcony and an impression against the bars of the railing where she would have held her weight. Which there isn't, so the only way she could have gone over would have been using her tummy to prop herself up to a height where she could have done so. Well, I don't believe that four inches of disturbed dust would have been all she left.

ALWAYS MOO
 
Ok, honestly folks, I think we are encouraged to use the ignore function here if we want to. No reason anyone should feel bad about doing that.
 
I agree Time- I just didn't need to talk about it!
 
Where threads are consistently derailed by one or two posters, I tend to employ my ignore button liberally, makes the on-topic stuff much easier to read!!!! I also tend to alert attacks and butthurt reply posts that have nothing to do with the topic. And I feel just fantastic about that. ;)

inthedark, you sound so much like me, doing an experiment (which to others might look nutty, but makes sense to me!!! lol) employing my pets and loved ones as 'victims'. Good one, there -- I too thought the dust thing was proof she was 'helped' over the rails. Thanks for confirming it.
 
Where threads are consistently derailed by one or two posters, I tend to employ my ignore button liberally, makes the on-topic stuff much easier to read!!!! I also tend to alert attacks and butthurt reply posts that have nothing to do with the topic. And I feel just fantastic about that. ;)

inthedark, you sound so much like me, doing an experiment (which to others might look nutty, but makes sense to me!!! lol) employing my pets and loved ones as 'victims'. Good one, there -- I too thought the dust thing was proof she was 'helped' over the rails. Thanks for confirming it.

O/T

I'm a scroll and roll girl myself...

There's that famous meme about someone being wrong on the internet that comes to mind and the DH glaring at me. I'm not laughing at the case, I'm laughing at myself.

Yes, I will always do such things, I don't really feel bad, except that I never really learned to document it. I know that going forward though. I've learned to work the stupid smart phone now.

I'm glad you're here Ausgirl!
 
MS was a cherished, darling of a child who lived a charmed life surrounded by love.

Like most other children there were marital troubles with his parents but to classify him as coming from an abusive background shows a lack of understanding for the horrific conditions in which many children live.

The vitriol, visceral hate for his family, his mother in particular, on page after page of this forum has apparently colored the perspective of MS life.

MS was very, very loved by everyone and it is a disservice to his memory to pollute it with envious rants.

Link to Crimes against Children for prospective:

http://www.websleuths.com/forums/forumdisplay.php?418-Crimes-Spotlight-on-Children


Read there and come back and tell me that MS was suffering.


imo

Hi Jade!

BBM - To each their own...but I don't believe in minimizing any one child or adults life experiences.
 
These are important questions that those who promote the suicide theory still haven't answered -

What happened to Becky's clothing that she wore that day and evening?

What happened to the tape that was used to bind her legs?

The jury will be asking these questions, too.

Hi Betty P!

I brought this up because it doesn't make sense Rebecca would re-dress with the clothes she was wearing that day if she did indeed shower. Now that we know the clothes she was wearing that day are missing, it makes me question the SDSO shower theory. I can see one getting rid of her clothing if their DNA was left behind since imo she was murdered. Why else would her clothes be missing? Was RZ getting ready to shower and interrupted before the shower? Seems logical to me. Even that she would have a towel laid out. The hair in the shower, maybe from an altercation? The same with the blood? What did SDSO use to base their conclusion Rebecca showered?
 
MS was a cherished, darling of a child who lived a charmed life surrounded by love.

Like most other children there were marital troubles with his parents but to classify him as coming from an abusive background shows a lack of understanding for the horrific conditions in which many children live.

The vitriol, visceral hate for his family, his mother in particular, on page after page of this forum has apparently colored the perspective of MS life.

MS was very, very loved by everyone and it is a disservice to his memory to pollute it with envious rants.

Link to Crimes against Children for prospective:

http://www.websleuths.com/forums/forumdisplay.php?418-Crimes-Spotlight-on-Children


Read there and come back and tell me that MS was suffering.




imo

Hi Jade. I have no doubt that Max was adored and loved by his family. He was a beautiful boy and by all accounts curious, energetic and playful—a charmer in his own right. And then in an instant, all of the promise and possibility that lay before him was suddenly and tragically cut short because of an accident, with his life hanging precariously in the balance. No one here denies the anguish, heartbreak and devastation that followed for his family and loved ones.

Amid the pain and confusion the desire for an acceptable explanation of the events leading to Max’s accident was sought (we know this from Nina’s text). But an explanation would ever be enough, because it could never make Max whole again. At some point during the evening the interrogation crossed the line and entered into the abuse of Rebecca, which would ultimately lead to her murder. An elaborate scene was staged to mimic a suicide but elements of rage--not culpability are most striking at the scene:
Various cuts and bruises on Rebecca’s body and head.
A bizarre note painted on the door.
An overturned chair.
Rebecca in the nude.
Her hands and feet bound.
T-shirt sleeve stuffed inside of her mouth.
Strangulation death.
Elaborate knots used to tie off the bed, bindings and noose.

The three most significant factors surrounding this case are: blind rage, an eye for eye and a blind eye.

That LE ruled Rebecca’s death a suicide after initially categorizing it as violent and suspicious demonstrates sympathy for Max’s family at the expense of the truth, in light of the path the investigation took: items ignored and untested: cuts and bruises, cell phones, gloves, mixed DNA, items of clothing, missing items of clothing, knives, footprints, blood, inconclusive polygraph, earwitness statements, eye witness statements; the treatment of Rebecca’s nude body in the courtyard, length of time of the coroner’s response to the scene, contamination of the scene, as well as non-investigative personnel allowed on the scene.
 
elfie,

Thank you so much for bringing this up. A long time ago, (well like maybe two years or less) I had my tiny little dancer/model niece at my condo and convinced her to try this out on my balcony. Now, even though I'm in a big city, I didn't have quite the build up of dust that they had at Speckles. We used some flour. I have never in my mind been able to get past these teeny tiny little areas of disturbance. Of course we didn't photograph it or anything like that, at the time it was a lark and I was curious, just because she's such a tiny thing and I thought, well, what would happen if she put her tummy, or her hip, or her thigh on the railing. Don't be alarmed, the big strong DH was gently holding onto her the whole time so she didn't go over.

I'd have to find that long ago post, but the measurements were way, way more than what SDSO is telling us RZ's small athletic body made on that railing. From the first time I saw those measurements and then saw cynic's analysis, I was so stumped. There is NO WAY that someone the height of RZ could propel herself over the balcony and only leave those small traces. Somehow, somewhere her body would have had to press against the balcony.

The largest disturbance is a scant 4 inches. So, even as small, athletic and fit as we know that RZ was, if her tummy was placed against the railing to propel her over, it would have left a much larger impression (assuming that the other two smaller ones are from the rope swaying). I can only assume it would have had to be her tummy because we have those two famous toe prints, so she didn't go over on her thigh. Which I could almost believe, but flesh compresses when it is placed against something and even her 100# would have compressed her thigh to more than four inches against the railing. But then, of course, there would have been ONE print on the balcony and an impression against the bars of the railing where she would have held her weight. Which there isn't, so the only way she could have gone over would have been using her tummy to prop herself up to a height where she could have done so. Well, I don't believe that four inches of disturbed dust would have been all she left.

ALWAYS MOO

Well done! Good that you could see for yourself the improbability that Rebecca would have been able to accomplish that final task on her own. I'm sure the results would have been very enlightening for those who are convinced that Rebecca did this on her own. Val's demonstration with the chair also points out the area of contact with the railing that would have been necessary in order to go over.
 
Well done! Good that you could see for yourself the improbability that Rebecca would have been able to accomplish that final task on her own. I'm sure the results would have been very enlightening for those who are convinced that Rebecca did this on her own. Val's demonstration with the chair also points out the area of contact with the railing that would have been necessary in order to go over.

I must admit. Val was the inspiration for that.

Sent from my SCH-I545 using Tapatalk
 
BBM

Bottom Page 3

What RZ told the officers on scene:

http://ftpcontent.worldnow.com/kfmb/misc/warrant_41290.pdf


Since RZ wasn't welcome at the hospital she wouldn't anticipate being gone that much. Myself in such a situation I would need my dog so not to be alone.

It does bring to mind some that make arrangements so to speak before a suicide.



imo

Actually, it seems very logical. Becky spent most of the time between Max's accident and her own murder running errands, talking to police, and driving people to and from the airport, the mansion and the hospital. She probably aldo knew to expect house guests and plenty of visitors. She was a smart, well organized person who knew her dog would be spending hours alone with no one to walk or feed him or getting in the way of a house full of grieving, upset guests.

Its always valuable during a family crisis to have someone who can remain level headed and provide support and a sense of order to make things easier for those undergoing tremendous stress. She was a kind, considerate person helping support JS and the others. We've all done the same thing for friends and neighbors. Ive always thought she must have been exhausted the evening of her death. How sad her only reward for trying to ease the burdens of others was to be brutally attacked and killed.

Which brings me to her missing clothing. What happened to it?
 
Hi Betty P!

I brought this up because it doesn't make sense Rebecca would re-dress with the clothes she was wearing that day if she did indeed shower. Now that we know the clothes she was wearing that day are missing, it makes me question the SDSO shower theory. I can see one getting rid of her clothing if their DNA was left behind since imo she was murdered. Why else would her clothes be missing? Was RZ getting ready to shower and interrupted before the shower? Seems logical to me. Even that she would have a towel laid out. The hair in the shower, maybe from an altercation? The same with the blood? What did SDSO use to base their conclusion Rebecca showered?

Agree, Lash, the missing clothing is mysterious, obviously an attempt to get rid of evidence. IIRC, the wrongful death lawsuit postulates that RZ was surprised by an attack by the Romano sisters, while still fully clothed. She tried to escape out to the back garden (mud caked feet, neighbors hearing screams). Adam responded to the noise and helped subdue RZ, carrying her back into the house to the murder room. She had to be restrained, because she was athletic and strong, putting up quite a struggle. After using duct tape on her legs, they found it to be inadequate, with Adam switching to complex, strong rope bindings. Only then could they stop to consider their next move.

At some point, the perps decided to cut her clothing from her without removing the rope bindings. It seems the motive may have been to destroy evidence of the crime, but may have also been sexual in nature. So, yes, clothing cut to shreds with a knife had to be removed from the scene, destroyed, thrown away or kept as a souvenir.
 
IQuestion, signing back on! There has been no secret that I was on "time out" by the moderators. The moderator was absolutely correct in putting me in the penalty box...I "high sticked" when emotion over took analytics. Nuf said.
Earlier I had posted several links to cases that were ruled suicide and later found to be murders. This evening I want to link an ongoing case in which a suicide case is now being REINVESTIGATED as a murder! It is current, it is relevant, and if you watch the video at the bottom of the story, an amazing story of investigative reporters who continued to pursue even though the ruling was suicide. More importantly, an investigating officer (in his written reports) omitted the actual statements given by witnesses.
The family of Ashley Fallis kept insisting their daughter would not commit suicide: http://www.dailymail.co.uk/news/art...officer-husband-shot-dead-covering-crime.html
 
It was also state in SDSO's presser that Rebecca still had the red rope running through her fingers....implying that she was holding onto the rope to tighten its hold on her wrists. However, if one reviews the statement AS made in his LDT he states "When I went to take her pulse, you know, which I didn't at first, I REMEMBER HAVING TO GET SOMETHING OUT OF THE WAY." So, even before the police or paramedics arrived, AS had to move something to check for a pulse....maybe his actions moved the location and tightness of the ropes, huh? It is on the video released to the public.
Also in the same video he states: "Shacknai: There was a ******ing gag in her mouth, though. Something... I had to pull something out of her ******ing mouth. A blue scarf." From the video, itself, his first words were "gag."
I am wondering if the first words I would use is "gag", as in trying to squelch the sounds of the victim crying out for help? No matter, I am inclined to believe AS is correct on that assumption. I mean afterall, he had to explain what he saw, and what he did to the man who administered the LDT. AS also state he called 911, "after, if not before."
It is easy to cherry pick statements, so I try to provide as much info as possible from transcribed statements:
REDDEN: So her hands were hanging down to her side then?
AS: I don't know because here's the thing I don't remember when I went to take her pulse, you know at some point, which didn't at first. I remember having to get something out of the way.
more questions & dialogue
AS: That's why I have been asking these detectives, was she tied up or what?

I am not accusing anyone of misleading investigators, it is just that AS has said he "had to move something out of the way".....couldn't/wouldn't that mean the ropes were loosened/moved/appearance altered... before paramedics arrived? http://www.youtube.com/watch?v=ppRDQ7yfymg
And, as far as individuals leaving/flying away from the scene quickly....lots of people seemed to have vacated the area after the events of Monday morning. I don't think that implies any kind of guilt. Maybe it was just darned uncomfortable to be there any time longer than absolutely necessary. ei "Am I free to go now?"
What strikes me as "strength, lack of fear and unselfish concern" is the one woman who wanted to stay to support her beloved boyfriend.
 
You still have shown no PROOF. "She accused", "he responded with allegations" - NO WHERE do you show these things actually happened.

I would imagine that two people arguing and on the brink of divorce might say many things that aren't true. So there is no evidence that any of that ever really happened.

And since the police made no arrests, IMO, it is fair to say they saw no evidence of that either.

I agree with you here. IMO Dina knew Jonah was dumping her and likely lied to the police about Jonah's " violent" behavior to gain sympathy.

Why wouldn't Dina lie to police about being at Spreckles the night of Rebeccas suspicious death? It's a much bigger deal than the lying and "bogus" police reports you suggest she reported against Jonah.

MOO
 
I agree with you here. IMO Dina knew Jonah was dumping her and likely lied to the police about Jonah's " violent" behavior to gain sympathy.

Why wouldn't Dina lie to police about being at Spreckles the night of Rebeccas suspicious death? It's a much bigger deal than the lying and "bogus" police reports you suggest she reported against Jonah.

MOO

I agree with you, Mr. Spock. It is a much bigger deal to lose a child than be on the brink of divorce. IMO if she lied, she felt justified in doing so.
 
I agree with you, Mr. Spock. It is a much bigger deal to lose a child than be on the brink of divorce. IMO if she lied, she felt justified in doing so.

Lets not forget the photos Dina submitted to the police as evidence Jonah physically abused her. They certainly have made their rounds all over the internet. Who assisted her with those fake photos? Nina? MOO
 
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