Suspicious deaths ruled accident, suicide

[LSN80]

(CNN) -- Police announced Friday that there is no indication of foul play in the deaths, within days of one another, of a 6-year-old boy and his father's girlfriend at the same southern California mansion.

Introducing a detailed presentation involving multiple officials, San Diego County Sheriff Bill Gore said a team of investigators has been working intently for weeks to probe the sudden deaths of Max Shacknai and Rebecca Zahau, who was dating the boy's father, Jonah Shacknai, and lived in the same house.

"Our responsibility is to answer the one very important question: Were these deaths the result of criminal conduct?" Gore told reporters. "Was Max's death a homicide? The answer is no, it was a tragic accident. Was Rebecca's death a homicide? Again, the answer is no. It was a suicide."

But Zahau's family strongly disputes that, saying the suicide conclusion doesn't make sense for multiple reasons and urging authorities to reopen the investigation.

"My sister was murdered, that's it," Snowem Horwath told HLN's Vinnie Politan. "There is no way, no way, my sister would commit suicide in such a state."

The suicide conclusion "doesn't pass the smell test," the family's attorney Anne Bremner told HLN's Jane Velez-Mitchell, saying it seems unrealistic that Zahau could have bound herself and gone to the balcony, all while nude.

Another sister, Mary Zahau, told HLN's Dr. Drew Pinsky that Rebecca Zahau had never hinted at suicide. When they talked a day before she was found dead, Mary Zahau said, Rebecca Zahau asked how to treat another sister who'd been hurt trying to clean up broken chandelier pieces related to Max's injury, but never suggested deep-rooted depression.

"My sister never had a psychiatric problem, never (had) been on psychiatric medication and never had attempted suicide -- let alone ever talked about harming herself," she said.

Authorities first went to the home, in the San Diego suburb of Coronado, on July 11 after getting a call from Zahau's 13-year-old sister reporting that Max had fallen down the stairs and was not breathing, Coronado Police Commander Mike Lawton told reporters. Zahau, her sister and the boy were the only ones in the residence at the time of the incident.

Police arrived within two minutes, followed a minute later by firefighters who -- after finding the boy unconscious on the floor -- "began lifesaving measures immediately," Lawton said. But despite extensive medical treatment, Max Shacknai eventually succumbed to his injuries on July 16.

Dr. Jonathan Lucas, from the San Diego County medical examiner's office, ruled the boy's death an accident, saying he died partly due to resuscitated cardiopulmonary arrest, cervical spinal chord contusion and blunt force trauma of the head and neck.

Within that span, on July 13, authorities got another 911 call from the home. This time, it was to report that Zahau was discovered hanging naked, with her feet and hands bound behind her back, Gore said.

The autopsy concluded Zahau was "alive when she went over the (second-floor) balcony" with a long-sleeve T-shirt wrapped around her neck, Lucas said. He told reporters Friday there was no evidence of a struggle or a sexual assault, or that she was in any way rendered unconscious or incapacitated, adding that "her feet were dirty consistent with standing on the dirty balcony."

Sgt. Dave Nemeth, also with the sheriff's office, told reporters Friday that the fingerprints and DNA in the room from which she fell -- including on the bindings tied around her hands, feet and neck -- "were only from Rebecca."

He added that one witness told police that Zahau, when they met in January, had "lost weight, seemed stressed, was not sleeping well and was not exercising, which was abnormal for her." Other witnesses indicated that "Rebecca was distraught over Max's injury."

"The (investigative findings) are all compelling, and all point persuasively to a single conclusion: These deaths are not the result of any criminal acts," Gore said. "Science is our best witness in this case. Science is not biased, nor does it lie."

But Bremner, the lawyer for Zahau's family, criticized the investigation -- including the use and analysis of forensic and other evidence -- as incomplete, saying it appears "they were myopic, looking at this (as if it) has to be a suicide." She said that one of Zahau's sisters, who talked to her the night before her death, said Zahau "was completely fine" and didn't feel guilty about Max Shacknai's death.

"This investigation is woefully inadequate right now for the family," Bremner told HLN, adding that investigators did not meet with anyone in Zahau's family until two days ago.

The mysterious nature of the two deaths, as well as the posh surroundings in which they occurred, have elicited intensive media attention. Jonah Shacknai, who was the father and boyfriend respectively of the two people who died, is the founder and CEO of Medicis Pharmaceutical Corporation as well as a lawyer and former congressional aide.

In a statement, Shacknai called Friday "a very sad day for our family, as we are again reminded of the enormity of these tragedies." He described his late son as "an extraordinarily loving, happy, talented and special little boy" and Zahau as a "wonderful and unique person."

"Nothing will ever be the same for our families after these losses, but with today's information providing some much needed answers, we will try to rebuild our lives and honor the memories we carry with us," Shacknai said.

But Horwath, Zahau's sister, said her family does not believe investigators have the true and complete story -- adding that she believes strongly that the death was a homicide.

"My sister did not commit suicide," Horwath insisted. "We, as a family, we want justice for (Rebecca) and we will fight however long needs to be until the murderer of my sister is found."

The story here revolves around two deaths within the course of three days in a mansion in California owned by Jonah Shaknai, a Pharmaceutical tycoon. The official ruling has been that 32 year old Rebeccaa Zahau, Shaknai's live-in girlfriend, hung herself because she was so racked with guilt over the death of 6 year old Max, Shaknai's son. Max died from a brain injury when he fell down the staircase of his home. Zahau's death three days later was ruled a suicide, when she was found hanging from a second floor balcony, her hands and feet tied behind her legs. This would essentially leave her at the point of no return, as it would be impossible to escape with her hands and feet bound. When Max had died three days later, Zahau and her sister had been in the house alone with Max at the time of his fall and death.

San Diego Sherriff Bill Gore said the following regarding the two deaths:

"Our responsibility is to answer the one very important question: Were these deaths the result of criminal conduct? Was Max's death a homicide? The answer is no, it was a tragic accident. Was Rebecca's death a homicide? Again, the answer is no. It was a suicide."

Zahau's family believes otherwise, and have been urging the police to re-open the investigation. Her sister Mary noted that she had talked to Zahau a day before her death, noting that Rebecca had asked her how to treat the wounds of a third sister, the one who was in the house with her the night Max died. Mary told Dr. Drew Pinsky of HLN the following regarding her sister:

"My sister never had a psychiatric problem, never (had) been on psychiatric medication and never had attempted suicide -- let alone ever talked about harming herself."My sister was murdered, that's it," "There is no way, no way, my sister would commit suicide in such a state."

Zahau's family lawyer, Anne Bremner, has been most outspoken about the death. She noted that the ruling of suicide doesn't meet the "criteria" of the legal smell test, a metaphoric test used to determine the "legitimacy or authenticity of a situation". In this case, Bremner believes it seems unrealistic that Zahau could have bound herself and gone to the balcony, all while nude. Bremnar, along with Zahau's family, believe that Jonas Shacknai sought revenge over the death of his son, and murdered Zahau and made it look like suicide in the process.

Retired San Diego homicide detective Rick Carlson is also suspicious about the circumstances of the case:

"I could see a person binding their hands so they wouldn't be able to help themselves trying to get out of the noose once they committed the act of hanging, There really doesn't seem a reason why they would bind their feet."

As noted before, authorities seem fairly confident that young Max's death was an accident, and that Zahau did indeed commit suicide. The circumstances around Zahau's death certainly seem suspicious to me, but no physical evidence has been found to suggest otherwise. Jonas, Max's father, was questioned by authorities following the death, during which he noted he had been holding a bedside vigil at this son's bedside at the time of Zahau's death.

Jonas issued a tear-filled statement regarding the death of his son, but has remained silent regarding Zahau's death. While conducting the investigation, it was revealed that Jonas Shacknai and Max's mother had been involved in several physical altercations in 2008 and 2009 as their marriage was crumbling. Zahau had given up her job as an ophthalmic technician last year to devote herself to Jonas Shacknai and his children, and her family noted that she had stated time and again that she wanted to spend the rest of her life with them. Sadly, she did exactly that in this grave situation.

If you were Jonas Shacknai, who would you hold responsible for the death of your child?

Based upon the information given, does suicide seem like the logical cause of death for Rebecca Zahau?

Should Mr Shacknai's past involving physical encounters with his ex-wife be considered in this specific investigation?

What are your thoughts on this case?

 

[The Future Rises]

If you were Jonas Shacknai, who would you hold responsible for the death of your child?

To be honest I wouldn't at all. The child was 6 years old so he didn't need adult supervision everywhere he goes. His death was very unfortunate and sad. But I just don't think the father would have been blamed. Especially if he wasn't even at the house then.

Based upon the information given, does suicide seem like the logical cause of death for Rebecca Zahau?

Well if she was found hanged with both her feet and hands tied then I'm not sure. It could have possibly been homicide. I think it would be somewhat difficult to hang yourself while you have your hands tied. But it would actually make sense if she felt so guilty and loved her child a lot for her to commit suicide because of his unfortunate passing. Who knows?

Should Mr Shacknai's past involving physical encounters with his ex-wife be considered in this specific investigation?

I think it should. You never know maybe he had a mental problem that resulted in him physically attacking her and even murdering her. I think it should be considered.

What are your thoughts on this case?

Well it's pretty sad if it was actually suicide because she felt guilty for her child's death. But I think they should re-investigate this case. If she didn't show any signs of serious depression then maybe it really was homicide.

 

[Mustang Sally]

Someday, there's going to be a foolproof lie detector test that will be used in court. It's going to make a lot of criminal defense lawyers very unhappy, because the court will ask an O.J. Simpson: "Did you commit murder on June 13, 1994?" His answer will be yes or no; there won't be any of these sickening legal "games" played by the defendant's high-priced legal representation to get their client acquitted, even if he's as guilty as hell. The biggest controversies that arise will involve making sure the accused is asked the correct questions, so as not to let him slip away on technicalities and misunderstandings.

Until that time, we're stuck with the legal system we've got. In the case cited in this thread, families are going to have to understand statements like:

"If you knew my sister (daughter, wife, etc) you would know that she'd never commit suicide." just aren't going to fly with law enforcement. Too many random elements abound to use that argument as a determining factor, especially since there so many things a family often didn't know about their relative. As these things come to light, the family is often shocked and claims to have never suspected.

The investigation by the law enforcement community has to follow the evidence; there's no other way to proceed. The law is (hopefully) fluid enough to allow for hunches and other personal input, but if that investigation turns up no physical evidence of a crime being committed, the prosecution isn't going to get a conviction in court, anyway.

Could Rebecca Zahau have killed herself? Sure, she could. If she felt responsible for Max's death, she could have done herself in; it wouldn't necessarily take months of guilt and mental anguish to bring her to it.

Could Jonas Shacknai have killed one (or both) of them? Again....sure. But if there's no evidence tying him to it, he won't be convicted of it.

Until that golden day when the uncontestable lie detector test arrives, the manner in which law enforcement handles these matters is the way it will stay.

 

[The Future Rises]

If you were Jonas Shacknai, who would you hold responsible for the death of your child?

To be honest I wouldn't at all. The child was 6 years old so he didn't need adult supervision everywhere he goes. His death was very unfortunate and sad. But I just don't think the father would have been blamed. Especially if he wasn't even at the house then.

Sorry I think read the question wrong. I was tired and I think I answered a "If you were Jonas Shacknai, would you be responsible for the death of your child?" Question.

If I was Jonas Shacknai I wouldn't blame anyone because the boy wasn't in need of adult supervision everywhere he goes. It was just one of those unfortunate things that had to happen.

 

[H33LTurn]

I'm sorry that is extremely long, but all I have to say is that it would be kind of hard to hang yourself with your hands and feet tied. Hard, not impossible, but hard nonetheless.

 

[Dagger Dias]

Given what Jonas has already been through, it would be very hard for me to not blame the child's mother if I was in his shoes. The issues of past physical altercations definitely needs to be addressed because it gives a clue as to what might have happened. What if it was no accident? The mother could have caused the "accident" that led to the child's death and then hung herself in a suicide when she could not deal with what she had done. It is hard to say, it might very well have been an accident, but since the mother is dead as well she cannot be questioned.