http://transcripts.cnn.com/TRANSCRIPTS/1208/07/ddhln.01.htmlDR. DREW
Mansion Death Accident or Murder?Aired August 7, 2012 - 21:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)
DR. DREW PINSKY, HOST (voice-over): Last summer, 6-year-old Max Shacknai fell over a staircase balcony at his father`s mansion and fell into a coma. Two days later, tragedy struck again. His father`s 32-year- old girlfriend, Rebecca, was found dead at the same home, hanging naked from a second story balcony, her hands and feet bound.
Three days later, tragically, Max died from his injuries, a double tragedy at the same estate in less than a week. Police ruled Max`s death accidental and Rebecca`s a suicide. But many were skeptical, voicing their doubts right here on this show.
UNIDENTIFIED FEMALE: She didn`t speak like that she wasn`t -- I don`t know. It just doesn`t sound like something she would say.
PINSKY: A year later, there are serious questions as to whether Rebecca could have bound her own hands and feet and hung herself.
UNIDENTIFIED MALE: It`s a very curious thing to be able to tie yourself in knots.
PINSKY: And now, Max`s mother wants the investigation reopened to get justice for her little boy.
(END VIDEOTAPE)
PINSKY: And those of you that have been with us through following this mystery are familiar with some of those details. Those of you for whom this is new, we`ll try to recap and please hang with us.
At this point, we are going to welcome Dina Shacknai to the show.
Now, Dina, the police ruled your son`s death an accident. You would like them to reinvestigate. Tell me why.
DINA SHACKNAI, SON MAX SUFFERED FATAL FALL: Yes. Well, based on the findings that were presented to me by independent experts with impeccable credentials, one of whom, Doctors Bove and Melinek, one of Dr. Bove from Exponent, and Dr. Melinek from the San Francisco medical examiner`s office, presented information and -- to me that definitively stated that Max suffered an assault scenario and consequently, he died of a -- he was the victim of a homicide.
PINSKY: Now, we actually called the Coronado Police Department and we got this statement on the case from public information officer Leah Corbin (ph). Quote, "We did meet with Dina and her team on July 26th. We will review the information that they have provided."
Now, Dina, here`s the thing for me. This case came to light for me today because I saw some pictures of your son sick in the ICU bed. And I got to tell you, I was -- it was heartbreaking. It was just absolutely heartbreaking.
And I don`t know -- I don`t know how you get over something like that. And I -- is this -- is this what that`s about, part of the search for justice, helping you grieve?
SHACKNAI: I think as any parent would, I want to find the truth about what happened to my son and I agree with you that those pictures were shocking and horrific. Seeing him in person was even worse.
Having gone through all of the medical examiner photos myself, it was a horrible experience. I wouldn`t wish on anybody and certainly not a parent. The resolution for me in this -- in his death is to find the truth for him so that he has justice and then going forward, maybe other kids moms and dads and families can be helped and that is the resolution -- truth and help.
PINSKY: Dina, I`m looking -- yes, Dina, I`m looking at a picture of him.
A couple things -- first, I want you to tell me what kind of kid he was. And I`m going to ask your permission, can we show some pictures of maybe just his back and his hands so people get a sense of who we are talking about here?
SHACKNAI: Yes. Yes, you can. Yes.
PINSKY: And tell me about him. Max.
SHACKNAI: So, Maxi was -- Maxi was -- he and I were the best fit. I told him every day I was the luckiest mommy in all the universes to have him. And when I saw him in the morning, he had an enormous smile. He would look up at me and I really felt like I won the lottery every day.
I know you have seen pictures of him smiling. It`s not just that we caught him at a moment. He was like that every single day. He was the most loving, smart, funny, generous boy. I mean, I`m -- obviously, it`s subjective, I`m his mom. But I couldn`t imagine a better son.
So this loss of Max is devastating -- devastating for me.
PINSKY: I`m so sorry. Just, you know, again when you bring it to life like that, it`s just like getting kicked in the stomach. There you are together.
Let`s show some of the viewers where he ended up in the ICU. Let`s at least show the hands and the back. I guess what is at issue here is whether somebody assaulted him before he fell over the railing and whether -- there`s his back, I think some of the injuries that he suffered.
Let`s see his hands, if you could show us. Again, something about seeing human hands brings somebody to life. I will not show the pictures of his face. That is just too much.
But -- do we have the picture with the back, the railing, the matchup that Dina has sort of put together? There is his little hand. Gosh, it is just so -- this whole thing is devastating you.
So, let me take it to the -- why we are here again and why are we talking about this. You think wrongdoing -- you think somebody did something sinister with him. How could that happen?
I mean, I would think the only people -- here`s what was alleged to have happened, looking at the pictures, Dina, of the fall down the stairway. He fell onto the railing, the chandelier went with him.
Let me go to Angela, your attorney, and look back at what they -- what the police allege happened and what your investigators think, in fact happened.
Can you tell me about that, Angela?
ANGELA HALLIER, ATTORNEY FOR DINA SHACKNAI: Yes. The investigators for the Coronado Police Department in conjunction with the sheriff`s department, announced at a press conference a number of weeks after Maxi`s death that it was an accident. They provided a diagram that they allege depicted what had happened.
PINSKY: I`m going to show it again so understand what I`m talking about.
If you guys could throw that over there.
They say he fell over the railing the very top of this three-story staircase.
Come on, guys, show that for me.
And then he -- that is actually the staircase. There we go. Somehow fell over the railing here, tumbled, hit the rail on his back, we showed the injuries on his back they claim came from this particular rail and then down and hit his head and that was the terminal event.
But your investigators say something different. First of all, how does a kid fall over a rail like that? It just doesn`t happen. They have to jump over it. Maybe he`s trying to swing on a chandelier or something, I mean, if they want to allege, I don`t think he was that kind of kid. What -- how do they come up with that stuff?
HALLIER: Well, we weren`t part of the investigation from the Coronado Police Department what we did see was the diagram, which didn`t make sense to Dina to begin with. Three weeks after the press conference when the accidental scenario was announced, we got a copy of the -- Dr. Gomez`s report, who actually was hired by the Coronado Police Department to do this re-enactment.
Again, it didn`t make sense that is when Dina decided she really need to find out if that was true. And when we hired these individuals who didn`t know each other, we didn`t know them, we looked for people with great credentials and they told us, we are going to find the truth based on science. Whether you like it or not, we`re going to tell you what they find.
Not only did they -- oh, sorry.
PINSKY: No, I was going to say. Now you want the police to reopen this case.
I know your ex-husband`s girlfriend`s family has been asking for this as well because of the mysterious circumstance of her death. I`ve had rope experts in here who have said it`s just impossible for her to tied her own hands behind her back the way she was found. And again, there`s lots of sort of questionable aspects of her death.
So this whole thing is not tying together.
Now, again, Maxi`s death is one of the first at the same house in the same week.
We are going to talk more to Dina and we`re also going to talk to the attorney representing your ex-husband`s girlfriend.
And we are taking your calls, 1-855-DRDREW5. Please call in. We`ll be right back.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
SHERIFF BILL GORE, SAN DIEGO COUNTY SHERIFF`S DEPARTMENT: Were these deaths the result of criminal conduct? Was Max`s death a homicide? The answer is no. It was a tragic accident.
(END VIDEO CLIP)
PINSKY: Well, it`s quite an accident if that`s the case. It sounds like a soap opera, a millionaire`s 6-year-old son dead after falling over a banister at a California, San Diego mansion. A few days later, his father`s girlfriend found hanging naked. Again, women don`t hang themselves naked, with her hands and feet bound. The police closed both cases quickly.
But tonight, after a year-long silence, this young boy, Max`s mom, claims she has proof, scientific proof, that there was foul play.
So, Dina, I want to cut right to the chase. I want to get to some -- by the way, I`ve got Dina Shacknai and her attorney, Angela Hallier.
I want to cut right to the chase before I go to calls. That is what do you think happened? I mean, we had -- basically Maxi under the care of your ex-husband`s girlfriend who is now herself deceased and there was a teenager in the house as I understand, too. What do you think happened?
And by the way, before you answer that before you answer, I want to say if there was really sort of overt wrongdoing -- I would expect the person doing the wrongdoing would have had a history. So I`m going to ask you, if you give me a little theory -- is there some history there that spores those ideas or we just don`t know?
SHACKNAI: I would say that the reason that I`ve come forward now is - - and it`s been very hard to be silent for all this time, is due to the expert findings that we have been given. So I think that the Coronado Police Department, they are the experts. Chief Lou Scanlon and Commander Lawton are the ones who can reopen this case and amend the disposition and do the investigative work to determine what happened to max and they are the ones, you know, it is their responsibility and their area of expertise to do that.
PINSKY: And, Dina, have you at least made an appeal, as a grieving mom, like would you guys, please, I need this to be OK? Have you made an emotional appeal to these guys or would you like to now?
SHACKNAI: Well, I think that I have been -- I have tried to do that. I`m doing that now for Max. And I think going forward, it`s important that he have justice, just like it would be important for you or for me or for anybody, and that means knowing the truth about what happened to him.
And through this, maybe going forward, other kids and moms and dads and families wouldn`t have to go through the things that we have gone through as a family.
And I know that having lost him was a soul-searing loss. It is the worst thing that has ever happened. And having to go through this every day since he has died and try to do my own investigation -- I`m a mom. I had no previous experience at any of this. So, having to do that has been an additional horrific, in and of itself --
PINSKY: Can I ask you something?
SHACKNAI: Horrific, period. Sure.
PINSKY: How do you hold it together? It is such a horrible story.
SHACKNAI: Well, I think that Max`s memory is always with me. I always have him in my thoughts. And he, I know, when he was alive, would tell me, even when he wasn`t with me, he would say to me, I always have you, mommy, I have you in my thinking thought, my mommy thoughts.
So I would say the same thing, that I have him in my thoughts. And so, I think that has given me strength and also obviously the very strong and supportive people around me who have helped try to find the truth, wherever that will lead, wherever that has led.
PINSKY: That`s, again, so important, getting through something like this, having people that genuinely care about you. Dina, you were robbed. I`m so sorry.
Let`s go to calls. Kathy in Ohio. Kathy, what do you got?
KATHY, CALLER FROM OHIO: Yes. Dr. Drew, my question is this -- I was wondering if there was any DNA found possibly that would connect the lady who had also died, Rebecca, with the son`s death?
PINSKY: Well, as you know, the San Diego investigators did not feel there was any wrongdoing. I know there was all kinds of consternation over the DNA on the rope that they found Rebecca tied to, but, Angela, maybe you can sort of clear that up real quick.
HALLIER: Yes. It`s our understanding from the records we have been given access to that DNA was taken from underneath Max`s fingernails but we have no indication that it was ever tested.
PINSKY: Interesting. Blair in Texas - Blair.
BLAIR, CALLER FROM TEXAS: Hi, Dr. Drew. Thank you so much for taking my call.
PINSKY: Pleasure.
BLAIR: Ms. Shacknai, where was your husband during this time of your son`s fall? And my condolences go to you. I`m so sorry for your loss.
SHACKNAI: Thank you. Thank you.
As reported by the police, the only two people home at the time that this happened were Rebecca and Xena, so, that`s what I`ve been told.
PINSKY: OK.
SHACKNAI: I wasn`t there, but that`s what was reported to me in police reports.
I would also like to add to that. This -- the idea of what happened to Max was such a shock, it wasn`t until Thursday afternoon that I was even informed by a doctor at Rady Children`s Hospital that they suspected something and CPS was called. Really, I feel during the week, it was such a traumatic shock, I was really, you know, not apprised of all the other information going on with I guess the Coronado Police Department`s investigation.
PINSKY: What did you think had happened at that point?
SHACKNAI: It was so shocking to walk in and see those photographs of Max. The first thing that I was told was that he had a heart attack. I didn`t understand how that had happened and that somehow the chandelier had came down. I didn`t understand that had happened.
I thought and as the week progress, I thought the most important thing to do was focus on Max and so I brought his favorite stuffed animals. I even brought my favorite -- his favorite perfume that he knew that I wore, thinking maybe it would stir some memory for him so I never thought Max was not going to walk out of that hospital. I thought that I would maybe need a tutor and he would be able to play on his Blackhawks team and maybe he would sit out a few games.
So then my focus that week was on being with him, speaking to him, reading to him, singing to him, hoping to, you know, elicit and stir some, to let him know that I was there.
PINSKY: And then you -- when he died, you didn`t have any expectation that was going to happen?
SHACKNAI: I didn`t. I -- it happened on Friday, the first. He suffered from brain death and on Friday morning, approximately 6:30 in the morning, the EEG went flat and I thought something was wrong with the machine.
And it was soon clear that the doctors came in and said, you know, that he was brain dead. So, it was a shock to me and, you know, going through the next 24 hours and sitting with him was just as hard.
And I have to say the thing that Maxi did, even in his death, was he saved three people. He donated his liver and two kidneys. So he saved an 11-month-old and two adults.
So, in death, he was as generous and beautiful and amazing as he was in life.
PINSKY: Oh, Dina, the story -- I`m going to ask my control room, can I keep my guests here through this next segment? Is that OK? OK.
We are going to keep you guys. Let me just read this. Two days after 6-year-old Max fell off a staircase, his father`s girlfriend was found hung. I think those of you that follow the story know. Her hands and feet were bound.
A rope expert questions whether or not it`s even possible to have done this. So, check it out. Don`t go away. I`m not going anywhere.
Stay with us.
(COMMERCIAL BREAK)
PINSKY: All right. Dina Shacknai and her attorney, Angela Hallier.
Angela, I want to thank you for bringing Dina in here with us tonight, Angela.
And, Dina, I don`t understand -- first of all, thank you for being so courageous and sharing this story. I don`t understand how the appeal of a mom on the level you`re appealing can`t be met by some sort of satisfaction by the San Diego Police.
Don`t you think, Angela?
HALLIER: Oh, yes, and it is not just the appeal, it`s the science. I mean, that`s really what we relied on. I hope that`s what they rely on is the science we gave them.
PINSKY: And, Dina, you just let out a big sigh. Did you want to say something?
SHACKNAI: I absolutely agree. And I agree with your sentiment and I hope and I really think that they will do the right thing. I believe that they will and I believe that Max deserves justice.
PINSKY: OK. This block is rather short.
I want to get some calls.
Pete in Pennsylvania -- Pete.
PETE, CALLER FROM PENNSYLVANIA: Yes, Dr. Drew. I got two questions. Number one, did he find out what happened to Max, how he died?
PINSKY: He had a head injury and the head injury was massive and he eventually died of brain death.
PETE: Do they know how he fell from this --
PINSKY: Well, if you guys want to -- my control room wants to please show the cartoon again. This is the part that`s in sort of contention.
And, Dina, I will let you sort of address -- no, not the staircase, here it is, this thing. This is the police rendition of what happened. What do you think happened?
SHACKNAI: Well, according to doctors, Bove and Melinek, Max was assaulted, there was an assault scenario at the top of the --
PINSKY: So, somebody assaulted him. Somebody assaulted him and threw him over the rail? Is that what we are saying?
SHACKNAI: And given the planes of injury on his body, the face you can the back, the neck, the eye, the top of the head as well as the front over the front eye, so that along with the skull fracture and the cerebral contusion, which is eventually what led to his death.
So, yes, so somebody -- there was some force or movement that moved him over the railing on the top of his head.
PINSKY: OK. Well, ladies, thank you for joining us. We will keep appraised of your progress.
I have Ann Bremner up next to talk on behalf of the family of your ex- husband`s girlfriend who died as a part of this whole mystery.
But, Dina, I`m not going to soon forget this conversation. It`s just gut-wrenching, this entire experience. So many of our -- I guarantee you tonight, many people`s thoughts are with you.
SHACKNAI: Thank you for your care and attention to max and to listening to his story.
PINSKY: OK. Listen, we will be following this -- what we are calling this Coronado mansion mystery as it develops. More calls, Anne Bremner, after the break.
(COMMERCIAL BREAK)
PINSKY: Now, the Coronado mansion mystery continues. 6-year-old max was laying in a coma in an ICU. His father`s girlfriend, a couple days later, found hanging naked, her feet and hands bound in a way that was inconceivable for her to have done -- two deaths in two days in the same house.
Joining me now is Rebecca Zahau`s, that is Dina`s ex-husband`s girlfriend, Rebecca Zahau`s attorney, and she`s also the house family attorney, Anne Bremner.
Anne, you and I talked about this over the last year. I`m very concerned something untoward happened to Rebecca. Now, Max`s demise was thrown into question.
Do you feel both these cases should be reopened and why?
ANNE BREMNER: Yes. And I wanted to thank you again, Dr. Drew, on behalf of the family for how much attention you have devoted to this case. And yes, I think they both need to be reopened.
You know what? We have asked for both to be reopened. We have been to the San Diego Sheriff`s Department. We have been to the D.A. And now, we are in front of the A.G. asking to have Max`s case reopened and Rebecca`s. And I think both, there`s serious question on both of these cases.
We`re not saying that Max`s case is a homicide. But we are saying that Rebecca`s a not a suicide. If you look at one, you look at both. And I think -- you know, all the things been through when we talked about before that women don`t kill themselves this way, the rope expert that you had.
Of course, she would have been like a Cirque de Soleil artist, you know, to kill herself in this manner. Dr. Cyril Wecht did an independent autopsy and found lividity, remember?
PINSKY: Yes.
BREMNER: It`s on your show actually.
PINSKY: And, Anne, I`m going to interrupt. Right, she had the signs of pooling of body fluids in the back even though she`d been hanging from her neck allegedly. And I don`t know if we have the footage of that rope expert I brought in, but he literally -- not only did he say it`d be impossible for her to have tied herself behind her back that she would have to have been a sailor in the 16th century -- this is the police -- this is the police version of it.
She literally would have had to have been a sailor in the 16th century on a schooner to know how to do that kind of rope work, as I understand, had never handled a rope, is that correct?
BREMNER: Exactly. Exactly. Such a wonderful job, Dr. Drew, on all of these things. Exactly. Just outrageous, you know, that all of these discrepancies were there and the case has yet to be reopened. It was closed after only seven weeks. And I know you paid a lot of attention to it and you still have with this case.
I do want to say one thing today to Dina and her family. There`s so much grief in this case to go around.
PINSKY: Yes.
BREMNER: But Becky`s family lost a daughter and a sister and it`s just heartbreaking. And I think when there`s questions like we have on both cases, let`s just see blue sky law, so to speak. Let`s look at these cases anew.
PINSKY: Well, yes. It just -- it would help this family complete their grieving. I know the Zahau family feel incomplete. They can`t close the chapter, at least, not to their own satisfaction.
Let me go to some calls. Let`s go to Cindy in California -- Cindy.
CINDY, CALIFORNIA: Yes, I`m here. Thank you, Dr. Drew.
PINSKY: Go ahead, Cindy.
CINDY: I just want to give my condolences to both Dina and also Rebecca`s family. My heart goes out to them. I had beloved sister who was my whole world, who was murdered when she was 34 years old. The shock, heartache, and loss never goes away for me. And it`s just very tragic. So, my heart goes out to everyone.
PINSKY: And Cindy, can you understand them from -- having been through an experience like that, of course, really hard for any of us to put ourselves in those shoes.
CINDY: It is.
PINSKY: But the need to have some sort of closure and questions answered. Can you appreciate that feeling?
CINDY: Oh, absolutely. Absolutely. For both Max and Rebecca, I wanted to say with Max, the diagram of that child trying to get over a wall and grab a chandelier and fall like that just seems like an impossibility. And I did want to ask was the chandelier fingerprinted or DNA taken off of it to prove the child had grabbed it?
PINSKY: I don`t know if -- Ann is shaking her head no and the -- Dina`s attorney said they had tested under the fingernails but did not test -- they did not have any DNA result. Thank you for that call. Cassidy in Alabama -- Cassidy.
CASSIDY, ALABAMA: I have a couple of questions. My first question is, I heard nothing about the father. Is he a suspect in either homicide, supposedly homicide?
PINSKY: Well, yes. To call these homicides at this point is jumping the gun a little bit. And Anne, I`ll rephrase the question for you. I know you`re having trouble hearing Cassidy, which was --
BREMNER: Yes.
PINSKY: Where does the dad fit into this -- the story? Was he a suspect at one time?
BREMNER: Apparently, he was not. His name is Jonah Shacknai. He was cooperative through all of this. He had an alibi, and it was on video. They didn`t call anybody suspects in this case, Dr. Drew. They simply closed it out as a suicide, at least, with Rebecca, and then with Max, an accident. So, they never got to the point of using that type of terminology with anybody.
PINSKY: Because it was an accident and a suicide. Judy in Washington -- Judy.
BREMNER: Exactly.
JUDY, WASHINGTON: Yes. I was wondering about the teenage sister of the girlfriend that was also in the house at the time of Max`s fall, if she`s ever said anything or she was questioned or about what happened.
PINSKY: Yes. Judy, it`s a great question, because Anne, I got to be honest, I didn`t -- I didn`t pay attention. I didn`t know the teenaged sister was in the house at the time. What do we know about her?
BREMNER: You know, it was a little known fact, Dr. Drew, but she was there. She was in a bathroom taking a shower at the time of the fall and came out and helped to collect the glass and helped with Max. She`s the one that called 911. And you can hear Rebecca hysterically, you know, screaming and trying to perform CPR on Max at that time.
And she did give a statement to the police, and they even went to see her back east and spent time with the child specialist to make sure they got it right in terms of the interview.
PINSKY: And one of the things I think people may, Anne, find curious, something I said at the opening of this segment was that women do not hang themselves naked. Do you want to clarify why that`s the case?
BREMNER: Right. Well, it`s not only that, yes, they don`t -- part of it is just modesty. Women don`t do it. There`s never been a case ever in reported history of a woman hanging herself naked this way, bound, and gagged over the side of the railing, leaving no DNA, of course, on the railing either.
And part of this was cultural, too, in terms of what the experts have said. But, they agreed with me in Coronado and San Diego, the authorities, that they`ve never heard of any such a case as suicide ever before.
PINSKY: Yes. We`ve had lots of questions. I don`t understand the resistance to reopening. And you said, it`s in front of the attorney general now. And are you getting any traction there?
BREMNER: Yes.
PINSKY: OK, well --
BREMNER: We are getting traction. And I`m happy to say. And it`s been since the beginning of July that they`ve had it. They`ve had questions, have inquiries. And, I believe we`ll have a meeting with them as early as next week.
PINSKY: Great. We will keep in touch with you, Anne, to see how that goes. And next up -- and by the way, thank you for joining us -- the shooter in Sunday`s temple massacre is said to be a White supremacist. When we come back, I`m going to speak to a former skinhead who reveals his secret life inside that world of hate. Don`t go away.