Fatal Friends, Deadly Neighbors (30 page)

Moreover, the three attorneys were looking for Becky’s email records, contact list, video records, photos, instant messages, and browsing history. Under federal law, only law enforcement could obtain those.

Solving cases where the manner of death is undetermined has certainly changed with the advent of the Internet and cell phones. Knowing that much of what they sought to examine was beyond their reach, Bremner, Fleck, and Rudoy nevertheless tried to find it.

And yet even as they drafted this letter, they worried that a lot of the evidence of the last moments of Becky Zahau’s life was disappearing and being obliterated. There had been potential buyers moving through the Shacknai estate. Those who did ultimately buy the property said they would tear down the balcony first, and they wanted to begin immediately. They would excavate for a pool where Becky’s body had lain.

Neither Jonah Shacknai nor the group that had purchased the Spreckels Mansion would consent to letting Fleck, Rudoy, Bremner, or Ciolino on the property unless they were supervised by officers from the Coronado Police Department or the San Diego County Sheriff’s Department. They had been asking for a month, and been told a flat “no” three times.

The first forty-eight hours of a death investigation are the most important in terms of obtaining and testing possible evidence. After that, the possibilities of finding it diminish in direct proportion to the time that elapses.

And that time had long passed.

David Fleck wrote that they were intensely interested in what pornography sites were allegedly accessed on July 12–13. And, of course, by whom? These were on the computer in the room where the “hanging” balcony was. Who had access to it during that night?

He listed other requests as he moved on to the last page of his letter.

1. Obtain Nina’s cell phone for forensic analysis.

2. Test hair from shower [master bathroom].

3. Test knife used to cut Rebecca down for Adam’s fingerprints.

4. Conduct a second polygraph of Adam, asking more appropriate questions.

5. Conduct a psychiatric autopsy of Rebecca.

6. Compare fingerprints and DNA from Jonah and Dina to exclude them from evidence found at the crime scene.

7. Test the panties found in the guesthouse. Identify who they belonged to.

8. Supervise our efforts to inspect the mansion, photograph and videotape it in its present condition, and do non-destructive testing.

9. “We are unlikely to receive GBS data, text and email data in a condition with usable data,” Fleck said, “but law enforcement can.”

David Fleck concluded, “The evidence of foul play is overwhelming and the bases of the suicide conclusion are weak at best. We don’t know why Rebecca’s investigation was cut short. There are discomfiting appearances of impropriety regarding the relationship the Sheriff has with the Defense, but anything beyond that would be speculation. Nonetheless, it is painfully obvious to all of the experts who have looked at this case that more investigation is called for. Justice demands it. The value of a poor girl’s life must be the same as that of a billionaire and his family. At a bare minimum, fair play requires that actual evidence of suicide must be found before this case has closed.”

Chapter Thirteen

Detective Angela Tsuida and dozens of other investigators from both the Coronado Police Department and the San Diego County Sheriff’s Department worked countless hours on the case of the death of Rebecca Zahau. It’s difficult to fault them, and I suspect many of these detectives must feel a sense of a job left undone—but don’t have the authority to continue working on Becky’s case.

Tsuida ended her report with “All indications are that there was no foul play.”

There were, of course, many indications of what might very well be construed as foul play, and they have been listed in this book. There were a number of factors that were not addressed, or were not followed through to a satisfactory end. Many forensic lab tests were not completed, or even begun.

The best solution, in my opinion, would have been to risk bringing charges against one or more persons, and to see the circumstances and evidence presented to jurors and let them decide. If an acquittal(s) resulted, then double jeopardy would attach, and any defendants would be protected from ever facing murder charges again.

As it is, the mystery floats in dead air.

On February 21, 2012, Sheriff Bill Gore’s special assistant and chief attorney, Robert P. Faigin, sent a letter to one of the Zahau family attorneys, Martin Rudoy.

“This letter serves as formal written follow-up to our meeting on January 27, 2012, and your numerous emails relating to the death of Rebecca Zahau. The meeting was . . . attended by members of the Sheriff’s homicide unit and crime lab, as well as members of the County Medical Examiners and the Coronado Police Department.

“At the beginning of the meeting, you and your partner, Mr. Fleck, were advised that the investigation into Rebecca Zahau’s death was closed, and that the manner of death was listed as a suicide . . . The purpose of the meeting was to provide you and your partner an opportunity to provide all evidence that you indicated you had. The meeting lasted three hours, with all but a few minutes of the time being utilized by you and your PowerPoint presentation.”

Faigin criticized that presentation because he considered it to consist of numerous theories on things that “could” or “might” have happened, but felt there was no actual evidence.

The other titan of forensic pathology in America, Dr. Michael Baden, had read the entire case file and leaned toward the sheriff’s interpretation of the manner of Becky’s death, and thought it more likely she had taken her own life.

“At the conclusion of the meeting, you and your partner stated unequivocally your belief that Ms. Zahau had been murdered. However, you were unable or unwilling to state who you believed to be the culprit.

“[Your] theories included a ‘confidential informant’ who befriended Adam Shacknai after the incident in question . . . who allegedly told your investigator in an unrecorded statement that Adam Shacknai confessed to her that he was returning home when he discovered Ms. Zahau’s body, as opposed to finding her after he woke up. Without even going into the evidentiary value of the unrecorded, hearsay statement, it does not impact the conclusions in the case. If in fact true, it would exonerate Mr. Shacknai as he would not have been home at the time of Ms. Zahau’s death.

“Based on the above, nothing has been brought to light that necessitates reopening the investigation into the suicide of Rebecca Zahau. As a result, the matter will remain closed, and the Department will consider the matter concluded.”

Sheriff Gore’s name was typed in, but without his signature. Robert Faigin signed the letter.

*   *   *

If Becky Zahau did not commit suicide, and was, indeed, murdered, we are left with other possibilities than those already mentioned. There may very well be suspects and possible motivations not yet considered. No one knows for sure. The following are only questions and not conclusions, but they are questions that beg discussion among those who have followed Becky’s and Max’s cases and those who may never have heard of their deaths until they read this book.

• Supposedly, only a few family members knew the back door of the mansion was never locked. But Becky Zahau was startlingly beautiful, and very likely to attract attention as she rode her bicycle in her bikini bathing suit. She may have had a stranger-stalker who watched her from the shadows, waiting for his chance, who had somehow known the back door was unlocked. And if such an assailant existed, he may even have known about Max’s fall and that Jonah was not at home—but with Max.

• Or had a professional burglar read about Max’s condition and figured everyone who lived in the mansion must be in his hospital room, seized an opportunity (as burglars who scan obituaries break into expensive homes during announced funeral services do), and been surprised to find Rebecca there in the mansion?

• There is, of course, the possibility that Becky Zahau
did
commit suicide. She had vowed to be the “best girlfriend” and the “best caretaker” of Jonah’s children in her journal entry many months before she died. She hoped to marry Jonah, but she wrote that she was content to stay in the role she played in his life. When she realized that she had not been the best caretaker, could she have plunged into guilt and remorse after Maxie fell? Her family says that isn’t possible. But it is one possibility that has to be included in the tragedy of Becky Zahau’s life. She once lived for a while in Nepal, where female suicides are a major concern.

Jonah Shacknai never lived in the Spreckels Mansion again. He sold it to investors around Halloween 2011. The sale price was not released, but the new owners said they planned to place it on the market for something over $14 million.

After the investigation into Becky’s manner of death was closed in the fall of 2011, Jonah Shacknai issued a statement:

I would like to thank Attorney General Harris for her condolences and consideration of my request to evaluate this matter. I respect and accept the determination of the chief law enforcement authority in the state of California that the circumstances of this investigation do not warrant further review by the attorney general at this time. Given the unusual facts of this tragedy, I understand that Rebecca’s family and others continue to have questions. 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. I continue to pray Max and Rebecca are now at peace, and that all of us devastated by their losses will be permitted to continue to grieve privately as we struggle to achieve some peace and closure.

During the first two weeks in April 2012, Dina Shacknai announced that she was suing the San Diego County medical examiner’s department to obtain Maxie’s autopsy photos because she did not believe that he died by falling and hitting his head.

Allegedly, Dina doesn’t believe that Max had the strength to grab the crystal chandelier in an attempt to break his fall. It was, of course, found beside him on the foyer’s carpet.

Some sources say that the chandelier’s chain had been cut; it had broken horizontally in a straight line.

Dina Shacknai also spoke of her plans to sue Rebecca Zahau’s estate. That seemed unnecessarily cruel to Becky’s family.

As the one-year anniversary of Max’s and Becky’s deaths approached, Dina Shacknai held a news conference and gave an interview to reporter Craig Outhier for the August issue of
Phoenix Magazine
. The resulting article was very supportive of Dina and portrayed her as a deeply loving, supportive mother as Outhier extolled her intelligence, her volunteer work at the Southwest Autism Research & Resource Center, and her doctoral studies in clinical psychology at Argosy University in Phoenix.

Devastated by Max’s death, Dina hadn’t spoken out much. She described herself as a “recluse” since losing her only child.

Max’s mother revealed in this July 2012 interview that she had hired her own investigators several months earlier because she didn’t believe that her six-year-old son’s death was an accident, and
her
experts agreed with her suspicions.

Dina said that, as Max’s mother, it was her job to find out what had really happened to him, and she vowed she would continue to investigate his death until she found an answer.

“Based on our experts and our findings, we are confident that the scenario put forth is inaccurate on how Maxie’s death occurred,” Dina’s attorney, Angela Hallier, said at the press conference. “Given their cooperation, I think they are going to want to hear from us given what our findings are.”

“I want Max back,” Dina said. “And I want Rebecca back so I can ask her what happened.”

It was very clear that Dina Shacknai blamed Rebecca Zahau for Max’s death. She said she had always felt uneasy when he was with Jonah’s girlfriend, particularly when Dina felt Becky hadn’t given her her legal name, and had, allegedly, been stopped for shoplifting in 2009. After that, Dina said she hadn’t wanted Becky to be alone with Max.

Dina announced that she was launching a nonprofit foundation in Max’s name to save other children from his fate, and to give her own life “structure and purpose.”

Thus far, however, there are no absolute facts and no evidence to substantiate Dina Shacknai’s suspicions.

*   *   *

The tragic deaths of Maxfield Shacknai, six, and Rebecca Zahau, thirty-two, in a bleak two-and-a-half-day period in July 2011 may never be solved. They have become part of the lore of Coronado and of the Spreckels Mansion, and will never be forgotten. Although the Shacknais want to move forward, the Zahaus remain filled with grief and the sense of something left unfinished. Of justice ignored.

Perhaps one day the truth will emerge, and hearts can begin to heal.

TWO STRANGE DEATHS IN CORONADO