Rebecca Zahau Case
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Wrongful Death Lawsuit- discuss here

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Post by Admin Wed Oct 05, 2016 9:26 pm



3.....2.....1.....Open for business! Register, and post on!
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Post by Admin Thu Oct 06, 2016 2:14 am

Latest entries on SD ROA:

440 09/27/2016 Proposed Order (RE Motion to Seal) submitted by Shacknai, Adam received but not filed on 09/27/2016. Shacknai, Adam (Defendant) RE Motion to Seal (4 pages)

439 09/27/2016 Motion - Other (Motion to Seal) filed by Shacknai, Adam. Shacknai, Adam (Defendant) Motion to Seal (74 pages)

438 09/28/2016 Proposed Order (RE Motion to Compel Attendance) submitted by Shacknai, Dina received but not filed on 09/28/2016. Shacknai, Dina (Defendant) RE Motion to Compel Attendance (5 pages)

437 09/28/2016 Motion to Compel Discovery filed by Shacknai, Dina. Shacknai, Dina (Defendant) Notice of Motion to Compel Discovery (175 pages)

Upcoming events on the court schedule:

Future Events
Event Date Event Time Location Event Type
10/21/2016 01:30 PM C-69 Motion Hearing (Civil)
10/21/2016 01:30 PM C-69 Discovery Hearing
11/04/2016 11:00 AM C-69 Motion Hearing (Civil) - Motion for Protective Order
11/18/2016 11:00 AM C-69 Motion Hearing (Civil)

BBM.

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

Case Number: 37-2013-00075418-CU-PO-CT

Working on a method to post the documents-- stand by!
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Post by Carioca Thu Oct 06, 2016 7:09 am

Thanks for creating our forum "Admin" Very Happy You're the best!
To start us off on the right foot, I am feeling very confident that some interesting facts are coming soon. Keep the faith my friends.
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Post by Lash Thu Oct 06, 2016 11:17 am

Excited about those interesting facts Carioca...

Keeping the faith my friend - Justice 4 Rebecca!
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Post by Admin Thu Oct 06, 2016 1:32 pm

So, I took a look at SD ROA # 437, 438, 439, and 440 (linked above), and this is my take on them.

437 and 438: These are filed by DS, in her attempts to get NN’s deposition “ordered” BEFORE his hearing 11-04-2016. His hearing in November has been on the docket since February 2016, and it is a hearing for a motion to either quash DS’s deposition subpoena, OR provide an order of protection. So this is the subject of the upcoming October 21 hearing. She wants the court to order his deposition before it hears his motion to quash on Nov 4. That’s interesting, IMO, and I doubt she will prevail.

#437 is 175 pages of whining about how NN was married to RZ, divorced 5 months before her death, he knew her sisters and family, and and therefore he must "know something" that will "lead to something" that will "somehow prove" that DS had nothing to do with killing RZ. In essence, DS's desire to depose NN is a fishing expedition, IMO. There is nothing in the 175 pages that alleges that he has any specific information about Rebecca's death, or why DS would not be responsible for her death. It's more legal harassment, IMO.

One of her main arguments is that NN "knows a lot about the court case proceedings." And that is apparently a main reason for a deposition?? lol..... That's reminiscent of when DS tried to subpoena the wife of Jonah's physician friend, who never left Arizona. DS didn't prevail there, either. The wife was granted an order to quash, and IIRC, a protective order, as well.

At a minimum, I think it will be continued until NN has his chance to be heard Nov 4. NN's hearing in Nov has been on the docket for 9 months, and I think the court will give NN a chance to make his case for the quash or protective order before deciding DS's motion to compel.

438 is DS’s “proposed” order (a template) for the court to sign.

439 and 440: AS wants the court to “strike” and replace his statement (via his attorney) from Sept 7, 2016. He wants a redacted version removing some of his personal info placed in the public record.  But even more interesting, AS’s hearing about striking this statement and replacing it will not happen until March 10, 2017.

440 is AS’s “proposed” order (a template) for the court to sign

YOU ARE HEREBY NOTIFIED that on March 10, 2017 at 11:00 a.m. or as soon thereafter as the matter may be heard in Department C-69 of the above-captioned court, located at 330 West Broadway, San Diego, CA 92101, before the Honorable Katherine A. Bacal, Defendant Adam Shacknai will and hereby does move for an order (1) striking the September 7, 2016 Statement of Defendant Adam Shacknai re Discovery Dispute re Plaintiffs’ Third Party Subpoenas; Declaration of Drew A. Robertson (the “Statement”) from the public record and replacing it with a redacted version; and (2) granting leave for Mr. Shacknai to file under seal an unredacted version of this document. This motion will be made on the grounds that the Statement contains Defendant’s personal identification information.

https://roa.sdcourt.ca.gov/roa/faces/userdocs/8d032e3df2ce114b5c31442af963/37-2013-00075418-CU-PO-CTL_ROA-439_09-27-16_Motion_to_Seal_1475738404141.pdf

Drew A. Robertson is a female attorney at Winston and Strawn, who represents AS.

http://www.winston.com/en/who-we-are/attorneys/robertson-drew-a.html
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Post by screecher Thu Oct 06, 2016 3:35 pm

cheers Hi peeps, so glad to be here!!!
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Post by Admin Thu Oct 06, 2016 10:08 pm

Please note that there is now a "sticky" for imaged court documents. (Yay!!) As future documents are available, we will place an announcement in this thread, but post the documents in the "sticky" thread. The 10 most recent docs are posted now.

Check it out-- the documents are very easy to read, and it looks awesome!

***Thank you Lash!!*** Very Happy
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Post by ~Bourne Thu Oct 06, 2016 10:52 pm

Hi Admin! You are the best.

I just want to quickly drop in to just say "Hello" to everyone. And Justice for Rebecca carries on.

And showcase my new pseudonym.

squiggly ~Bourne

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Post by kittychi Thu Oct 06, 2016 11:44 pm

Good to be here, thank you for inviting me and thank you for all of your work on this case!  Blessings to All <3
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Post by inthedark14 Fri Oct 07, 2016 6:56 am

Hi Everyone! Thanks for inviting me and for creating a place to discuss Rebecca's case. Justice for Rebecca!!

ALWAYS MOO

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Post by Lash Fri Oct 07, 2016 7:06 am

Admin wrote: respectfully snipped for context-


439 and 440: AS wants the court to “strike” and replace his statement (via his attorney) from Sept 7, 2016. He wants a redacted version removing some of his personal info placed in the public record.  But even more interesting, AS’s hearing about striking this statement and replacing it will not happen until March 10, 2017.

440 is AS’s “proposed” order (a template) for the court to sign

YOU ARE HEREBY NOTIFIED that on March 10, 2017 at 11:00 a.m. or as soon thereafter as the matter may be heard in Department C-69 of the above-captioned court, located at 330 West Broadway, San Diego, CA 92101, before the Honorable Katherine A. Bacal, Defendant Adam Shacknai will and hereby does move for an order (1) striking the September 7, 2016 Statement of Defendant Adam Shacknai re Discovery Dispute re Plaintiffs’ Third Party Subpoenas; Declaration of Drew A. Robertson (the “Statement”) from the public record and replacing it with a redacted version; and (2) granting leave for Mr. Shacknai to file under seal an unredacted version of this document. This motion will be made on the grounds that the Statement contains Defendant’s personal identification information.

https://roa.sdcourt.ca.gov/roa/faces/userdocs/8d032e3df2ce114b5c31442af963/37-2013-00075418-CU-PO-CTL_ROA-439_09-27-16_Motion_to_Seal_1475738404141.pdf

Drew A. Robertson is a female attorney at Winston and Strawn, who represents AS.

http://www.winston.com/en/who-we-are/attorneys/robertson-drew-a.html

Doc 416 is a nice read. Especially the emails between the attorneys. There are a few interesting details about Adam. I am curious if this is the info Adam wants redacted? The Zahau attorneys filed a 3rd party subpoena with Adam's psychiatrist. As well, subpoena's for Adam's health insurance and employer records. Plaintiffs are looking further into Adam's use of Ambien. I doubt Adam wanted any of this information made public.

Corrected - It is doc 416.


Last edited by Lash on Fri Oct 07, 2016 7:20 am; edited 1 time in total
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Post by Lash Fri Oct 07, 2016 7:17 am

The dates do correspond. Doc 416 was submitted to the court on Sept 7, 2016. The same date Adam is looking for a redaction and/or seal.
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Post by Admin Fri Oct 07, 2016 7:22 am

I think you're right, Lash. But why wait until March 10, 2017 to redact that?? The info is out there now, and can't be "unseen". And 6 more months won't make it any "less" out there.

But-- if the idea is that if it is redacted BEFORE trial (like June 23, 2017 or something now), then it can't be used as discovery? That's what I'm thinking. Get all that medical info off the table as discovery. But IANAL.
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Post by Admin Fri Oct 07, 2016 7:26 am

For reference, here's the most current list of future events on the SD ROA:

Future Events

Event Date Event Time Location Event Type
10/21/2016 01:30 PM C-69 Motion Hearing (Civil)
10/21/2016 01:30 PM C-69 Discovery Hearing
11/04/2016 11:00 AM C-69 Motion Hearing (Civil) - Motion for Protective Order
11/18/2016 11:00 AM C-69 Motion Hearing (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
06/02/2017 10:30 AM C-69 Trial Readiness Conference (Civil)
06/23/2017 08:40 AM C-69 Civil Jury Trial

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

Case Number: 37-2013-00075418-CU-PO-CTL
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Post by Admin Fri Oct 07, 2016 8:30 am

And yes, thanks Lash for referring me back to doc #416. It definitely confirms that AS has some psychological issues that were or are severe enough to require a psychiatrist's care. Many of us have had that suspicion for years, that AS's demeanor, social, and interpersonal behaviors are extremely odd, and disturbing. In my experience, psychiatrists rarely (if ever) "just" perform talk therapy (they schlep that out to psychologists and counselors, because it doesn't reimburse particularly well, and they make much more $$ by managing the prescriptions), so it's very likely, IMO, that AS is on one, or more, psych meds in addition to the sleeping med Ambien (which may have been prescribed by a psychiatrist, or another provider). So, it's not just xrays and physical medical records the plaintiffs seek, but mental health records, and pharmacological prescriptions for psych meds, and other meds. (Didn't he first admit to taking Ambien the night of RZ's death in the polygraph? Or was it in an investigative interview?)

I think that it's unlikely AS only began seeing a psychiatrist AFTER RZ's death, due to inability to cope with the stress. Although this is possible, and if true, could be interpreted mental distress due to consciousness of guilt. Either way, I can see why the plaintiffs might believe the mental health records are relevant and may reasonably lead to more discovery.

The medical records they seek for AS are from 7/13/2006 to the present. (page 12 of ROA #416)

From page 59, email from Attorney Greer:

My office has already been advised by the psychiatrist office that they will not respond to the subpoena without a signed release from Mr. Shacknai.

That confirms AS was, or still is, a patient at that clinic, and a patient of a psychiatrist.
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Post by waitaminute Fri Oct 07, 2016 8:45 am

Hello everyone, nice to see you all!

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Post by BBL Fri Oct 07, 2016 4:22 pm

Hi everyone... thanks for the invite. I'm so happy the discussion is continuing!

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Post by Betty P Fri Oct 07, 2016 9:21 pm

Hi, thanks so much for doing this. Really appreciate it.

#437 had attachments that were a trip down memory lane. I don't recall reading before some of the info it contained.

Max had fallen and sustained a head injury at Dina ' s house a week or so before, but never saw a doctor.

Jonah ' s daughter from his first marriage had tried to commit suicide previously.

And the interview with Neil Napa by SDSO was strange in that they kept pressuring him to say RZ could have committed suicide. He kept saying no, she wouldn't , but it was surprising how much time the officers spent trying to get him to say otherwise. They kept returning to that question again and again. Really high pressure.

They also kept returning to the allegations that RZ said she and her sisters were groped by a child molestor when she was 9 or 10 yrs old, using that as an excuse to say she committed suicide. Tried to make NN say she was weak and depressed. Very strange how they were pushing the suicide theory so early.




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Post by Lash Sat Oct 08, 2016 8:03 am

I agree Betty P. The interview with NN was something else. One detective in particular, imo, had his mind pointing in the suicide direction because of his own personal life experience. His wife was molested and had several suicide attempts. It was not surprising to the detective that RZ would commit suicide because she was molested. Really, so everyone who has ever been molested attempts suicide? Several comments by the same detective were just appalling. I did not get the same read from the other detective. I felt a little embarrassed for his partner.

Imo, one detective was definitely trying to persuade NN into thinking RZ committed suicide. I have a lot of thoughts on this interview. The comments about the news outfit TMZ, minimizing the abuse by using the words "just touching", and so much more. I don't know if he was playing some detective role, but he was lacking couth. Good grief!
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Post by waitaminute Sun Oct 09, 2016 10:57 am

I don't remember ever hearing about the book of witchcraft being found before!

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Post by waitaminute Sun Oct 09, 2016 10:59 am

and I notice doc #437 says Jonah received a CALL from Adam regarding finding Rebecca hanging, rather than a text. now isn't that odd?

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Post by Admin Sun Oct 09, 2016 5:57 pm

That is odd, waitaminute-- because for all these years, we've been told it was a text message from AS to JS. I'm not sure now how that information originally was communicated to the public? Does anyone remember?

While we haven't seen AS and JS phone records, I think they exist in the investigation files, and as such, would be evidence, and available to both sides. We've only seen RZ's phone records.

I think the phone records of Adam, Jonah, Dina, and Nina during that time perios are very relevant. I hope the plaintiffs have them.

I'm remembering back to an earlier court document Dina filed (motion to compel to the Plaintiffs), when she wanted Adam's phone records. It sure seemed to me that this indicated that the 3 defendants were not at all cooperating. As a co-defendant, it seems all Dina would have had to do is ASK Adam for the phone records. Since it's a civil trial, the 3 defendants won't be severed, so there is no reason he shouldn't share that with a co-defendant, right?

REQUEST FOR PRODUCTION NO. 49
All phone records, including calls sent and received, voicemails, and text messages from
any phones utilized by Adam Shacknai, including but not limited to all phones owned by him
between July 11, 2011 and July 13, 1011.

REQUEST FOR PRODUCTION NO. 50
All phone records, including calls sent and received voicemails, and text messages from
any phones utilized by Jonah Shacknai, including but not limited to all phones owned by him, between July 11, 2011 and July 13, 1011.

ROA 169, 5-18-15 (will have this posted in doc thread if anyone wants it)
Motion to Compel Discovery (RE Responses to Request for Production of Documents Set Two) filed by Shacknai, Dina.
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Post by Admin Sun Oct 09, 2016 6:00 pm

A new ex parte has been added to the Future Events on the ROA, the day before the motion and discovery hearings:

Future Events

Event Date Event Time Location Event Type

10/20/2016 08:45 AM C-69 Ex Parte
10/21/2016 01:30 PM C-69 Motion Hearing (Civil) - Motion - Other
10/21/2016 01:30 PM C-69 Discovery Hearing - Motion to Compel Discovery
11/04/2016 11:00 AM C-69 Motion Hearing (Civil) - Motion for Protective Order
11/18/2016 11:00 AM C-69 Motion Hearing (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
05/19/2017 01:30 PM C-69 Summary Judgment / Summary Adjudication (Civil)
06/02/2017 10:30 AM C-69 Trial Readiness Conference (Civil)
06/23/2017 08:40 AM C-69 Civil Jury Trial

https://roa.sdcourt.ca.gov/roa/faces/CaseSearch.xhtml
Case Number: 37-2013-00075418-CU-PO-CTL

It's also listed as #441 on the list of court documents, minute orders, and scheduling entries

441 10/07/2016 Ex Parte scheduled for 10/20/2016 at 08:45:00 AM at Central in C-69 Katherine Bacal.
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Post by Lash Mon Oct 10, 2016 6:26 am

Jonah receiving a text message from Adam on 7/13/11 at about 0648 hours advising him Rebecca had hung herself originally came from Detective Tsuida. This detail is under the Probable Cause section from the search warrant(s) she requested for phone records. If you remember the phone records were not even requested until 8/24/2011.

SW 11-164 beginning on page 10-

http://ftpcontent.worldnow.com/kfmb/misc/warrant_11-164.pdf


Also in doc 437, in the interview with Neil, the 2 detectives tell Neil that Adam passed a polygraph. It just happens these are the same 2 detectives who helped facilitate the polygraph with Paul Redden and knew the test was not conclusive.

We know what the detectives told NN was not quite the truth. The polygrapher could not draw a conclusion. He merely felt Adam was being truthful. The polygraph detail is included in the same search warrant 11-164, under Detective Tsuida's Probable Cause section.
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