Closing arguments underway in Zahau wrongful death trial
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San Diego — Jurors had only a few minutes to realize what was happening.
An electronically-operated video screen glided up and out of the way, exposing a sheet-shrouded figure that the screen had hidden from view.
Attorney C. Keith Greer tugged at the sheet to reveal a life-size mannequin hanging from a red noose fastened to a black metal stand.
The figure of a woman with long black hair was modestly draped in a hospital gown. But seconds later, Greer fully exposed the tan-skinned figure meant to depict the way Rebecca Zahau looked the morning her naked body dangled from the balcony of a Coronado mansion.
While jurors stared, Greer played a recording of the 911 call made by Adam Shacknai on July 13, 2011, to report the apparent death of his brother’s girlfriend.
“I got a girl here, hung herself,” Shacknai tells the 911 operator at the Coronado Police Department.
The courtroom drama on Monday came as the end approached in the nearly six-week wrongful death lawsuit against Shacknai, filed by Zahau’s family.
Although county authorities found Zahau’s death to be suicide, her mother and sister haven’t accepted that ruling.
Their lawsuit alleges Shacknai battered Zahau by hitting her on the head, sexually assaulting her and manually strangling her, then staging the hanging to look like a suicide. The suit also alleges Shacknai’s conduct caused Zahau’s death.
Shacknai testified that he never harmed or killed Zahau. Experts called to testify by the defendant’s lawyer said his DNA and fingerprints were not found on any key evidence.
Attorneys on both sides of the lawsuit summarized their cases in closing arguments Monday in San Diego Superior Court. The defense was to finish on Tuesday, with time for rebuttal by Greer. Then the matter will go to the jury for deliberations.
Shacknai’s attorney, Daniel Webb, said in his closing arguments that his client was stable, well-adjusted, with no history of violence.
“My client is charged with the most serious, despicable acts you can think of,” Webb said.
He called the last years leading up to the trial “utter hell” for Shacknai to be falsely labeled “a stone-cold killer.”
Greer told jurors he would leave it to them to decide on the amount of money they wanted to award Zahau’s mother, Pari Zahau, for the loss of her daughter’s love and companionship.
“It’s priceless; it’s not going to bring her back,” Greer said.
He asked jurors to award the mother $5,000 a year for the rest of her life to make up for lost support Zahau regularly paid to help out her parents and younger siblings.
He also asked for one penny in damages for the improper use of some of Zahau’s black paint found at the scene of her death.
In his closing arguments, Greer told jurors that Shacknai’s 911 call was “part of his script he’s trying to sell to this day.”
Shacknai, 54, a Mississippi River tugboat captain, testified earlier in the trial that he writes fiction for a pastime and has a degree in American literature.
“Why did Adam Shacknai brutally murder Rebecca Zahau?” Greer asked rhetorically. “It’s one of the oldest reasons in the world — sex.”
He said Shacknai used the handle of a steak knife to sexually assault Zahau. Traces of her blood were on the handle. Greer called it “a confrontation that went awry.”
Defense lawyers said doctors found no evidence of rape or sexual trauma on Zahau.
Greer said Shacknai used black paint to scrawl on a bedroom door a cryptic message that read, “She saved him can you save her.” Tiny amounts of black paint were found dabbed on her nipples and buttocks.
Greer said only a small circle of close family members, including Shacknai, could have understood the painted message.
Two days before Zahau’s body was found, Max Shacknai, 6, son of Zahau’s boyfriend Jonah Shacknai and ex-wife Dinah Shacknai, took a two-story fall at the mansion. Zahau was there with the boy and her 13-year-old sister.
She tried CPR on the boy, who was hospitalized in critical condition. He died five days later, but Greer said early on, the family was crediting Zahau with saving him.
Greer disputed a defense expert on suicide who said many factors in Zahau’s life put her at greater risk for suicide, including domestic violence in a marriage and personal notes suggesting depression.
The expert said that a phone message from Jonah Shacknai that Max’s prognosis was grim would have been the final straw for Zahau, emotionally.
But Greer said Zahau had loving relationships with family, Max and Jonah Shacknai. The attorney also said Zahau had a strong Christian faith, was health-conscious and didn’t drink or take drugs.
Twitter: @pdrepard