In a swift response to a request made by 54-year-old Jonah Shacknai, the founder and CEO of Scottsdale, Arizona based Medicis Pharmaceuticals, asking California Attorney General (AG) Kamala Harris on Monday, September 19, 2011 to review the findings of suicide of Mr. Shacknai's live in lover, 32-year-old Rebecca Zahau, announced by San Diego County Sheriff Bill Gore on Friday, September 2, the Attorney General's Office has rejected that request.
According to reports published on Friday, September 23, 2011 by KABC-TV, Newsday, Bloomberg Business Week, The Sacramento Bee, The Arizona Republic, and other news outlets, writing on behalf of Ms. Harris, Dane Gillette, the Chief Assistant Attorney General, denied the request in a letter to Shacknai dated Wednesday, September 21.
Mr. Gillette's reasons for rejecting Mr. Shacknai's request was based on economic considerations of budget restraints, and apparent lack of police misconduct.
Mr. Shacknai had asked for confirmation of the San Diego County Sheriff's Department's suicide determination to provide a review of those methods and findings that would "enhance the public's confidence" and "finally bring closure to these terrible tragedies."
The attorney general's office said the state's scarce resources must be saved for cases where local law enforcement agencies request help or in cases where "there are allegations of gross malfeasance by the investigative agency."
Anne Bremner, the Seattle based attorney who represents the Zahau family, and who responded to Mr. Shacknai's request, by asking the AG in her own communication dated Wednesday, September 21, for "a full independent INVESTIGATION into the circumstances surrounding Rebecca’s tragic death, with full input from us, our investigators and our experts."
Bremner justified those demands by adding, "We have significant and compelling information, analysis and crucial and pivotal facts to share. We have also retained nearly ten unimpeachable experts who with ample basis challenge the finding of suicide. We also have new compelling evidence to be investigated and new critical witnesses to be interviewed. Thank you."
In response to our question as to whether the attorney general's decision to Mr. Shacknai's request may foreshadow a similar negative response to her own even broader demands, Ms. Bremner was certain that the Zahau family would get a different answer, saying "You need to see that Mr. Shacknai wanted a rubber stamp approval of the investigation and findings from the AG. He didn't get that. We want an independent investigation and justice. We will get that."
Bremner went on to cite Article 5, Section 13 of the California State Constitution, as the basis and justification for her own optimism. Relevant passage from the California document are cited below:
"The Attorney General shall have direct supervision over every district attorney and sheriff and over such other law enforcement officers as may be designated by law, in all matters pertaining to the duties of their respective offices, and may require any of said officers to make reports concerning the investigation, detection, prosecution, and punishment of crime in their respective jurisdictions as to the Attorney General may seem advisable.
Whenever in the opinion of the Attorney General any law of the State is not being adequately enforced in any county, it shall be the duty of the Attorney General to prosecute any violations of law of which the superior court shall have jurisdiction, and in such cases the Attorney General shall have all the powers of a district attorney.
When required by the public interest or directed by the Governor, the Attorney General shall assist any district attorney in the discharge of the duties of that office."
Even Mr. Shacknai is on record as stating, "If at any time there is new substantive evidence bearing on this case, it should be presented, not in tabloid form to fuel rumor and innuendo, but rather to appropriate law enforcement authorities who may determine whether further investigation is warranted."
The Zahau family believes that they, in fact, have such important "new substantive evidence." If so, then Mr. Shacknai might recall some sage advice, "Be careful what you wish for."
Anne Bremner, reported last week that a neighbor heard a woman scream at the Shacknai home, located at 1043 Ocean Boulevard in Coronado, CA during the night of July 13, before Ms. Zahau's fully naked, gagged, and bound body was discovered, and that numerous experts have challenged the suicide ruling.
That is just one new assertion in a long litany of challenges. Many more are expected to also be disclosed.
Noted criminologist, investigative psychologist, and forensic expert Dr. Maurice Godwin, Ph.D., shared with us on Saturday, September 24, his analysis of one of the official crime scene photos, as seen in the attached slide show which accompanies this report. We quote from selected portions of Dr. Godwin's findings, shown in bold type below, which relates to the suspicious movement of a bed in Ms. Zahau's room to which the noose around her neck was anchored:
"Based on law enforcement's measurements the left end corner bed leg shifted 7.5 inches from its original location, which is marked by a circular indention in the carpet.
If the victim's body weight pulled on the bed we would expect to find a drag or brush pattern across the carpet going from left to upper right. However, no drag or brush pattern is visible. Most of the carpet pile in the photograph appears to be brushed to the left away from the bed leg.
Two possible explanations for no brush pattern on the carpet are: 1) due to the rope being higher than the bed combined with a quick jerk could have caused the left side of the bed to travel through the air eventually landing in its final resting place leaving no visible marking; or 2) someone standing along the left side of the bed lifted the bed several inches off the carpet and moved it to its final resting place in order to give the appearance that the bed had shifted.
One way to determine if the bed shifted due to the weight of the body is to examine the right metal bed railing where it locks into the white bed frame. On an examination of the bed from several photographs it appears that the right side of the bed did not shift; the right bed legs remained stationary in their original locations.
A sudden jerk that moved the left end corner bed leg 7.5 inches would likely caused a gap or separation of the right bed railing from the white bed frame.
In the event there is no gap or separation this would likely suggest that the left side of the bed did not shift due to force on the rope. This would indicate crime scene staging; action done to alter a crime scene in order to thwart police investigators."
As we reported earlier, Dr. Godwin also found the impression of a man's shoe in the carpet near this same bed.
If there is any possibility that the crime scene was staged in order to deceive investigators, then that alone could point to flaws in the conclusions made in the criminal investigation, and indicate foul play instead of suicide.
We shall continue to report on new developments in this case.
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