Jonah Shaknai's letter to Kamala Harris

https://www.sdsheriff.net/coronado/Jonah%20Shacknai%20Attorney%20General%20Letter.pdf

JONAH SHACKNAI September 19, 2011 Honorable Kamala D. Harris Attorney General of the State of California Office of the Attorney General 1300 "I" Street Sacramento, California 95814-2919 Dear Attorney General Harris, I write to request your assistance under Article 5, Section 13 of the California Constitution in bringing some clarity, dignity, and ultimately, closure to the devastating deaths of my youngest son, Max Shacknai, and my girlfriend and companion of two years, Rebecca Zahau, in Coronado this July. The heartbreak of these losses, as anyone might imagine, is unbearable. My family and I struggle to move forward and deal privately with our grief. Unfortunately, despite the announcement on September 2nd of the findings of the investigation of the San Diego County Sheriff s Department, the Coronado Police Department, and the San Diego County Medical Examiner's Office that Rebecca's death was a suicide, the unrelenting and often vicious speculation and innuendo in certain media outlets continue to bring further pain to everyone who has been touched by these tragic events. It is my hope that your review of Rebecca's death will serve the interests of justice by providing confidence, comfort and resolution not just to the families directly impacted by these tragedies, but also to the public at large, which has taken an interest in these highly unusual circumstances. Throughout this ordeal, my deepest sympathy continues to go out to Rebecca's family. Having lost Max, we unfortunately understand all too well the limitless pain they are experiencing. With my life tom apart by the sudden deaths of two loved ones in my home, I also appreciate profoundly the Zahaus' search for answers. Having received a courtesy private and highly detailed briefing from law enforcement on August 30th shortly before the authorities' September 2nd press conference, as the Zahaus and our family each separately did that same week, I was and continue to be persuaded that the announced conclusions were sound, scientific, and supported by a thorough and competent investigation. Admittedly, the circumstances of Rebecca's suicide were so unusual and upsetting that it was difficult to accept the hard facts as they were presented. However, all the evidence, including the information disclosed at the press conference and in the released materials, as well as certain other pertinent facts, helped to provide some much needed explanation and context for the events that occurred.

Honorable Kamala D. Harris September 19, 2011 Page 2 That said, given the undeniably strange circumstances, Rebecca's family and others continue to have questions. Certain media outlets have recklessly exploited those questions for ratings, which in turn has fueled broader skepticism in the investigation and resulted in additional pain to those who already have suffered enough through these awful events. Following the enormous losses of Max and Rebecca, it is intolerable to sit back and watch my other children and the rest of my family, and my former wife Dina's family, tormented with these unfounded rumors and accusations. For this reason, and to further enhance the public's confidence in the integrity of the law enforcement process and finally bring closure to these terrible tragedies, I would respectfully request that you undertake to evaluate the investigatory methods and conclusions of the San Diego and Coronado authorities in this case. If your office believes any further investigative steps are warranted, then of course the interests of justice demand they be pursued, and if your assessment serves to validate the September 2nd findings, then hopefully this matter can be resolved finally. To be clear, I have no reason to doubt the San Diego and Coronado authorities' findings, and I remain appreciative of their dedication and professionalism throughout this process. At the same time I believe the only way to achieve some dignified resolution for everyone who has been touched by the horrible events of this summer will be through the efforts of your office. I pray Max and Rebecca are now at peace, and I hope you might be able to help the rest of us devastated by their losses achieve some peace and closure as well. Thank you very much for your consideration. cc: William D. Gore, Sheriff, San Diego County Jonathan Lucas, M.D., Deputy Medical Examiner, San Diego County Louis Scanlon, Chief of Police, City of Coronado

>>5303615

State attorney general denies request to review Coronado mansion deaths

Posted: Sep 22, 2011 4:47 PM EDT

Updated: Sep 22, 2011 5:36 PM EDT

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Warrants reveal disturbing questions about Shacknai boy's death

SAN DIEGO (AP) — The California attorney general denied a pharmaceutical tycoon's request to review a finding that his girlfriend killed herself by binding her wrists and ankles and hanging herself naked from a balcony at his historic mansion, according to a letter released Thursday.

The office of Attorney General Kamala Harris said it reviews cases for limited reasons, including allegations of gross misconduct by investigators, a clear conflict of interest or if a local law enforcement agency lacks resources or requests help.

Jonah Shacknai asked for a review of a San Diego County Sheriff's Department finding that his 32-year-old girlfriend Rebecca Zahau killed herself two days after his 6-year-old son suffered a fatal fall at his waterfront mansion in Coronado, a wealthy San Diego suburb.

Shacknai, 54, wrote the attorney general Monday that he had no reason to doubt the finding but that a review might put to rest questions raised by Zahau's family and others. He said Thursday that he accepted Harris' decision.

"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," Shacknai said in a statement.

Sheriff Bill Gore said this week that he understood and supported Shacknai's request and would cooperate if the attorney general launched a review. His office did not immediately respond to a request for comment Thursday.

Zahau's family is seeking an independent investigation. Their attorney, Anne Bremner, said Wednesday that a neighbor heard a woman scream at the home the night before the body was found and that numerous experts have challenged the suicide ruling.

Bremner is also calling attention to an autopsy report revelation that Shacknai's brother, Adam, found Zahau's body with a shirt stuffed in her mouth. The San Diego County coroner's office said it was unclear why the cloth was there but that people can put material in their mouths before hanging themselves.

Dane Gillette, chief assistant attorney general, denied the request in a letter to Shacknai that he signed on behalf of Harris. The letter was dated Wednesday.

Shacknai is founder and chief executive of Medicis Pharmaceuticals Corp., a company based in Scottsdale, Ariz., that makes acne and facial wrinkle treatments.

Copyright 2011 The Associated Press.

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SAN DIEGO (CNS) - The state Attorney General's Office denied a request by Jonah Shacknai to review the investigation into the deaths of his 6-year-son and his girlfriend, who authorities concluded hung herself in Shacknai's Coronado mansion two days after the boy was critically injured, the millionaire said Thursday.

>>5303719

contd

In a letter dated Wednesday, Chief Assistant Attorney General Dane Gillette said the California Department of Justice would only review a local investigation under very narrow circumstances, including if a clear conflict existed or whether a local agency has requested assistance.

On Thursday, Jonah Shacknai thanked Attorney General Kamala Harris for her consideration of his request.

"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," the statement read. "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 grieve privately as we struggle to achieve some peace and closure."

Jonah Shacknai's brother, Adam, found Zahau hanging from a balcony as he left a guest house to get coffee, according to search warrants in the case. According to the warrants, Jonah Shacknai – the founder of an Arizona- based company that makes anti-aging products – was working out at a gym on July 11 when he got a call from Zahau that his 6-year-old son Max had fallen over the railing.

He was at his son's bedside at the hospital at 6:48 a.m. on July 13 when he got a text message from his brother saying Zahau had killed herself.

Adam Shacknai was the only person home at the time and cut Zahau down after making the gruesome discovery. Investigators gave him a polygraph and felt he was being truthful during the examination, according to the search warrants.

San Diego County sheriff's Deputy Brian Patterson first thought Zahau as the victim of a homicide, but investigators later concluded that she committed suicide – a finding her family refuses to accept.

Zahau's family repeatedly has said that they do not believe the woman took her own life, based on a telephone conversation with her sister the night before, in which she seemed to be in good spirits.

Nationally known attorney Anne Bremner is conducting her own investigation into Zahau's death.

However, sheriff's Sgt. Dave Nemeth said at a briefing earlier this month that a message was left on Zahau's voicemail at 12:50 a.m. the day she died. The message was erased, but Nemeth said the person who left it told him it informed Zahau that the boy's medical condition had taken a turn for the worse.

>>5303734

contd

Nemeth said Wednesday that Zahau's phone will be re-examined with technology that wasn't previously available.

He said Zahau left a short message in black paint on the door leading to a bedroom, tied a red rope to a bed in that room, placed the rope around her neck and used sections of the same rope to bind her feet and ankles – the rope going around her extremities four or five times.

She then went out to a balcony and leaned forward over a railing, falling 9 feet to her death, the sergeant said.

Dr. Jonathan Lucas, of the San Diego County Medical Examiner's Office, said she died of asphyxiation by suicide, and that there was no evidence of a struggle or sexual assault. She probably died sometime before 3 a.m., nearly four hours before her body was discovered and cut from the rope, he said.

Lucas said instances in which someone binds their hands and feet before killing themselves are rare, but not unheard of.

Max Shacknai died of an injury to the upper part of his spinal cord, a kind of hyperextension suffered when he fell over the second-floor railing and struck a carpeted concrete floor with the right side of his forehead.

The injury caused his heart and lungs to stop functioning, and he suffered irreparable brain damage, Lucas said. The boy died at Rady Children's Hospital five days after his fall.

The investigation concluded that Max was playing by himself when he ran and possibly tripped, causing him to plunge over a 20-inch high railing next to a grand staircase near the mansion's foyer. The boy grabbed onto a chandelier, which was pulled out of the ceiling and smashed on the floor with him.

Zahau was in a nearby bathroom when she heard the crash, while her 13-year-old sister was showering in another part of the house, said Sheriff Bill Gore.

According to a search warrant unsealed today, the head of the Intensive Care Unit at Rady Children's Hospital told Coronado police Detective Thomas Adkins that no determination could be made on the cause of Max Shacknai's cardiac arrest.

Dr. Brad Peterson said he did not feel the visible injuries to the child were consistent with the cardiac arrest and brain swelling he experienced, the detective wrote.

Peterson expressed concerns that suffocation may have occurred prior to the fall, according to the search warrant.