Zahau Family Sues County for Additional Evidence

bourne

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It is also very odd that LE did not insist that Jonah, the homeowner, return to the home after Rebecca's body was found. This is SOP whenever a crime has been committed,particularly when a dead body is involved!

Thanks for the info! I was not aware of this. Is it really SOP for LE to insist a homeowner return home to the crime scene? Can you provide a link to this? TIA
 

Inparadise

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Thanks for the info! I was not aware of this. Is it really SOP for LE to insist a homeowner return home to the crime scene? Can you provide a link to this? TIA

When my house was broken into, I went to a neighbor's until LE arrived since I wasn't sure if the perps were still in the house, and called 911. When the cops cleared the residence, they came and got me to do a walk-thru with them to determine what had been taken/damaged.
 

Betty P

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There's an entry in the court database from 11/20/13 that says the hearing was "vacated".

OSC - Why Case Should Not be Dismissed scheduled for 12/06/2013 at 10:00:00 AM at Central in C-70 Randa Trapp was vacated.

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml

Does anyone know what this means? I'm reluctant to ask AZlawyer, I get the feeling she doesn't like these cases.
 

Carioca

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Appears case was heard and was dismissed. Entries jump from 23 to 31 (?). My gut feeling, FWIW: original case dismissed will be substituted by a new case file. But don't quote me on that :)

32 - 12/06/2013
Minutes finalized for OSC - Why Case Should Not be Dismissed heard 12/06/2013 10:00:00 AM.

31 - 12/06/2013
Court ordered entire action dismissed with prejudice.

23 - 12/06/2013
Substitution of Attorney filed by Horwath, Snowem.
Horwath, Snowem (Plaintiff)

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
 

screecher

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So what does it all mean in lay persons speak?
 

Carioca

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So what does it all mean in lay persons speak?
Good question, mittymick!
According to the minutes of the hearing,
Attorney Miller informs the Court that he is substituting in for the Plaintiffs and requests that the case be dismissed with prejudice.
The request is granted.

I take this as good news. The request came from attorney for plaintiff..

Minutes attached
 

Attachments

  • minutes_hearing_120613.pdf
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Mrs. Holmes

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Maybe LE finally handed over the file..... or better yet have decided to re-open the case and do their jobs.
 

Mrs. Holmes

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Or better yet maybe someone CONFESSED!! Once the file for WDS moved ahead in state court.... I bet it got real stressful for the guilty. New evidence uncovered forcing LE to re-open? Will be interesting to find out. I hope a reporter quizzes SDLE about this.
 

MyBelle

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So what does it all mean in lay persons speak?


[ame="http://en.wikipedia.org/wiki/Prejudice_%28legal_procedure%29"]Prejudice (legal procedure) - Wikipedia, the free encyclopedia[/ame]

A civil matter which is "dismissed with prejudice" is over forever.

 

IQuestion

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Maybe LE finally handed over the file..... or better yet have decided to re-open the case and do their jobs.

Legal speak is so difficult for those of us who do not "get the jargon"....
I imagine a family suing for evidence and then the case being dismissed, just might mean the "evidence" was finally turned over by the mutual agreement of both parties.
AND more importantly, it could also mean that SDSO said/implied/asserted they need the evidence to proceed with an "ongoing criminal investigation." (Of course, I am being extremely optimistic in making that supposition.)
If I was the plaintiff in a WDS, I would not agree to anything unless I was assured LE was pursuing a full/thorough investigation, plain and simple.
(The aforementioned observation is from personal/painful experience with that LE agency. I did not stop until I got what was most important to me....to prove my family member was innocent, to be released, LE do a proper investigation and put the real criminal behind bars.)
I support the parents, on both sides of the courtroom, in their quest to get their questions answered....plain and simple. Good night and prayers to all, IQ.:seeya:
 

K_Z

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Legal speak is so difficult for those of us who do not "get the jargon"....
I imagine a family suing for evidence and then the case being dismissed, just might mean the "evidence" was finally turned over by the mutual agreement of both parties.

(Bolded, colored, and snipped by me.)

Yes.

That is the most likely scenario for the PLAINTIFF requesting the case be dismissed with prejudice, IMO.

I think there is an awfully good possibility that they got what they needed and wanted through "other" channels or "other" agreements besides the civil lawsuit. Like mutual agreement of all parties.

I have to wonder if that was a handshake settlement deal-- "we" agree to give you what you asked for, and "you" agree to request dismissal WITH prejudice, to prevent any future lawsuits over the same issues. That sounds a lot like a win-win situation to me for both plaintiff and defendants. FWIW.
 

screecher

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It's a win-win only if they got everything they wanted. I hope they didn't 'compromise'.

And frankly, I could give a crap what the defendants needed, to 'feel a 'win'.
 

*Lash*

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If there was an agreement, I'm concerned the only thing SDSO agreed to turn over might have been Rebecca's personal belongings. I would consider Rebecca's belongings being returned to be a win for the family. However, there was so much more evidence being requested. I'm an anxious to see where this may be headed.
 

MyBelle

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