The Zahau family, knowing that Adam Shacknai was appealing the civil judgment arguing procedural errors and juror misconduct, immediately launched a public relations campaign accusing the county officials of making an incorrect decision.
[5][6] In August 2009, Zahau was arrested for shoplifting after stealing US$1,000 (equivalent to $1,400 in 2023) worth of jewelry from a Macy's in Phoenix, Arizona, to which she pled guilty.
At some point during that day, Max fell face-first over a second-floor banister, suffering injuries to his spinal cord and facial bones,[12] the former of which affected his heart rate and breathing.
Zahau and Adam returned to the home,[16] while Jonah reportedly kept a vigil at Max's bedside with the child's mother, Dina Romano; he would leave the hospital to recuperate at a nearby Ronald McDonald House.
[17][18] On the morning of July 13, at roughly 6:45 a.m., Adam stated that he found Zahau's nude body hanging from a balcony, with her wrists and ankles bound and her hands behind her back.
Speculations of foul play began early on in the case; however, investigators were unable to find any other DNA at the scene besides Zahau's.
Forensic consultant Dr. Maurice Godwin expressed doubt, stating, "The chances of bumping into the railing, going over the balcony and hitting your head four times is highly unlikely.
San Diego Sheriff Roy Frank stated, "There are documentations of incidents throughout the country where people have secured their feet and hands as well to commit suicide," to prevent themselves from changing their minds.
[16][31] According to AT&T records, from roughly 8 p.m. until 10, Zahau talked and texted with her older sister Mary, who confirmed that Xena had arrived home safely.
At 10:48 p.m., Zahau received a text from Nina Romano, the twin sister of Jonah Shacknai's ex-wife, who wanted to stop by the house and talk about Max's accident.
[15] Investigators initially did not attempt to power up or operate the cell phone, fearing that they might overwrite evidence contained in its memory.
[32] In early October, investigators completed their second examination of the phone, stating that they did not uncover any additional information and would soon return it to Zahau's family.
[17] News of the investigations received international coverage in various countries including New Zealand, Finland, Spain, and the U.K. throughout July and August.
The site states: "It was obvious that the Sheriff's Department had worked too hard to paint this picture of suicide and they were not about to let the Zahaus ruin it.
On September 20, 2011, Jonah Shacknai wrote a letter to California Attorney General Kamala Harris requesting a state review of the investigation.
[45][46][47] However, Chief Assistant Attorney General Dane Gillette replied the following day, stating that "we must decline your invitation to review this investigation at this time.
"[48][49] On September 30, family members appeared on NBC's Today and called for an independent investigation by the state attorney general's office.
[50] Zahau's family hired Seattle attorney Anne Bremner, who derided the medical examiner's conclusions, stating, "This would be the first case in the history of the world that a woman killed herself like this ...
He sent a cease and desist letter to Bremner warning her that certain statements of hers constituted defamation, as well as being "highly insensitive on a human level" and contributing to "the harsh and unkind glare of a national media frenzy.
"[51] However, Jim Edwards of BNET suggested it was unlikely that Shacknai would actually sue, as it would simply bring more publicity to the case; he expected that the situation effectively "leaves the Zahau family to continue their claims unchallenged.
[52] In response to media inquiries, a Sitrick and Company employee stated that he had hired the firm to handle his large volume of incoming calls in the days after the deaths, to give him time to grieve and make arrangements for the funerals.
[57] The Zahau family, which knowingly ignored the Sheriff's and Chief Medical Examiner's request to provide its civil case evidence to aid in the review, and knowing that Adam Shacknai was appealing the civil judgment, immediately launched a public relations campaign accusing the county officials of making an incorrect decision.
Prior to final arguments being presented to the judge, the Zahau family chose to enter a settlement for $600,000, resulting in the civil case being dismissed with prejudice and vacating the original $5 million judgment.