Rose speaks – Celebrity and High Profile Trials

I am not sure if I will ever put up all 118 pages of the excerpted deposition with exhibits that Rita Cosby’s attorney, Elizabeth McNamara, filed “accidentally” of the Howard K. Stern September 15 – 16, 2008 deposition conducted in New York City marked as exhibit F. Some of the exhibits with that excerpted portion of Mr. Stern’s deposition are marked “HIGHLY CONFIDENTIAL FOR ATTORNEYS EYES ONLY”. I have remarked before of how Lin Wood had his hands slapped by the Court for filing in Florida and Texas 14 pages of the sacred Rita Cosby’s deposition and I wondered why this grievous act did not warrant a hand slapped by the New York Federal Judge, the Honorable Denney Chin of “Liz” McNamara. Then perhaps I am the only one except for the litigants and the court that stayed up late December 15 and downloaded this mountain of paperwork. I was asked and did supply all four excerpts to a legal team in another state with the documents, now I wonder if I am in violation of the New York Federal Court’s Order since these papers were never supposed to be viewed by any legal team on any case that might even remotely be a cross over of parties.

However like a lot of times when I am writing I have regressed here. I have a total of 4 depositions with excerpts, Pol’ Atteu, 34 pages, marked exhibit C, dated May 28, 2008 conducted in Los Angeles California; Patrik Simpson’s, 14 pages, marked exhibit B, dated May 27, 2008 conducted in Los Angeles California; Larry Birkhead’s, 10 pages, marked exhibit A, dated July 22, 2008 no city listed; and Howard K. Stern’s, 118 pages, marked as Exhibit F and as I have already stated all of these were filed in error.

All of the 4 depositions of excerpts were supposed to be filed under seal by Cosby’s legal team, you wonder why the excerpts that would be directly before and after Exhibit F; Exhibit D, excerpts of the Wilma Vicedomine deposition, Exhibit E, excerpts of Mark Speer’s deposition, Exhibit G, excerpts of Jack Harding’s deposition and Exhibit H, excerpts of Bruce Littlefield’s deposition did not find their way into the late night “accidental filing”. As one of the four people whom I contacted about their deposition being filed said; “Rose, I don’t think these were filed in error, I think it was a brilliant move by Cosby’s lawyer”.

More alarming to me though is the following “accidental” filings:

1. Exhibit K marked “HIGHLY CONFIDENTIAL” consists of 14 pages, the first 6 are an Affidavit of Larry Birkhead dated September 30, 2006, the second 6 pages are dated Oct. 12, 2006 and is another affidavit of Larry Birkhead and the final 1 page is dated January 26, 2007, another Affidavit of Larry Birkhead, all filed in the Los Angeles California court concerning the paternity of Dannielynn Birkhead.

2. Exhibit L marked “HIGHLY CONFIDENTIAL” consists of the 6 pages of the Affidavit of Laurie Payne dated November 1, 2006 in the case number BF 030 239 in Los Angeles California with an email as part of it. However, although this one is marked as “Highly Confidential” we have all seen this Affidavit on Geraldo’s show on March 31, 2007.

3. Exhibit M marked “HIGHLY CONFIDENTIAL” is a 4 page Affidavit of G. Ben Thompson dated November 3, 2006 in the case number BF 030 239 in Los Angeles California.

4. Exhibit N marked “HIGHLY CONFIDENTIAL” is a 3 page Supplemental Declaration of G. Ben Thompson dated November 4, 2006 in the case number BF 030 239 in Los Angeles California.

Then there is Exhibit BB 45 pages of online transcripts of shows, pages 16 – 30, marked “confidential”, I suppose because on some of the pages some one has made hand written notes in the margin, much like I have done with my copy of Rita Cosby’s blond ambitious book. The 2 transcripts are of The Larry King Live show, dated Friday January 26, 2007 and Nancy Grace dated Oct. 12, 2006, it is part of the online transcript of Nancy Grace that has the hand written notes in the margin.

We also have Exhibit O, a 3 page statement to the Royal Bahamas Police Force dated December 19, 2006 by Ford Shelley, which occurred after the dispute over Horizons was raging. In this document Ford Shelley remembers about the now infamous and disputed 2 tablets. I find this rather amazing that this was not a huge red flag for the Emmy Winning blond Rita Cosby since this had followed the attempted eviction, turning off of power and the subsequent restraining order issued in the Bahamas against G. Ben Thompson and all individuals acting on his behalf to not enter the property known as “Horizons”.

Exhibit H. is a copy of the Court Order where Judge Chin slapped Lin Wood’s wrist, wonder if Ms. McNamara wishes she had not made such a big deal over that fourteen pages of Cosby’s deposition, with McNamara filing of hundreds of pages of documents marked either as “Confidential or in some cases marked “HIGHLY CONFIDENTIAL FOR THE EYES OF THE ATTORNEYS ONLY”, included with deposition pages. However, attorneys are just people too and like with all of us “shit happens”, even to them at their elevated pay scale.

That said I have selected 35 pages of the 118 pages filed accidentally by Cosby’s lawyer. The one perk in this is that I was able to go through and slice and dice this excerpted deposition to bring to you our readers the part I felt was important, not what perhaps some lawyer filed “accidentally”.

Why did I pick these 35 pages, because they made me laugh and they made me cry; get the Kleenex ready, we predict they will do the same for each of you.

The first four pages are a great example of four or five lawyers in the same deposition acting like “peacocks” or “banty roosters” jockeying for positions with tirades of colloquy, which in law is a routine, highly formalized conversation. (I. E. Conversations among the judge and lawyers (as opposed to testimony under oath) are colloquys.).

The next four pages is again way too many lawyers in one room with egos flaring, but on the last of the four pages we have Howard K. Stern saying; “I mean, I know that you have my stolen phone records… …And actually, this is during the timeframe where your client claims that she called my cell phone in her initial book proposals, and obviously that doesn’t show up on my phone records. Didn’t happen. But she didn’t intend the book to be truthful from the….”

The next four pages are like the first four pages, too many lawyers all practicing the art of colloquys, like who cares whom took what breaks and how in the hell did a lawyer have a stop watch with the exact times? Another example in my opinion of way too many lawyers doing way too much posturing, while some could argue doing way too little work for way too much money.

The next four pages has some posturing by lawyers but it has some statements that made my eyes tear up, an example is Howard K. Stern talking about Anna Nicole Smith in the present tense like she is still alive. Then there is this insightful and heartbreaking to me statement by Mr. Stern; “…and since that day, I have not taken any medication for anything. And I actually had a doctor recommend in I want to say November of last year that I go on antidepressants and sleep medication, and I just — Anna died from the effects of a combination of drugs and Daniel died from the effects of a combination of drugs, and I will not take any medication, regardless of what impact it’s going to have on my body in the future, ever.” There are also some questions and statements about the possible use by Anna Nicole Smith and her son, Daniel Smith of illegal drugs.

The next twelve pages are about the Estate’s finances and paying the mortgage on the Studio City home. These are the twelve pages I have read too many times to count since December 15 and each time, I cry just like the times before, I never get use to what is said on these pages. It ranges from Mr. Stern saying he views the Studio City home as belonging to Dannielynn, and Larry Birkhead had to decide whether to move into that house or sell it and buy another house for Dannielynn.

Here is part on an exchange that still makes me cry every time I read it:

“Ms. McNamara: Okay. I don’t want that. I want you to – then you tell me the quantity or sum you believe you’ve been damaged.

Mr. Wood: Do you want a dollar figure estimate?

Mr. Stern: I don’t believe that there’s any dollar figure that would make what I’ve been forced to go through worth it. The ridicule, the accusations, the lies that are made have ruined my life, my family’s life. I think it should be worth a billion. That’s what I think. And even then, even then, that would be a pittance. I don’t think there’s a person in this room that would accept a billion dollars to go through what I’ve gone through.

…The ridicule, talking about the people coming up on the streets, in the airports saying absolute lies that emanate from Cosby, this whole — …The only reason why I’m not suicidal is because I basically couldn’t do it to my parents, but I want to die. I mean, I know that this book was written because Cosby’s career was done and she had to get herself back on track. She had absolutely no, no concern about what it would do to my life. She knew she was relying on people who were liars… …She never intended to to tell the truth. She had no concern what it was going to do to me. Everybody in here, I wouldn’t even wish it on the people who are representing Cosby right now or Cosby herself what I’ve gone through. The lies. …My life is ruined. People, no matter what, because of this crap are going to look at me differently, think about me differently. My parents, what they have gone through. None of it, none of it, no amount of money. …Oh, it happened a lot. It happened to me when I was in Beverly Hills with my sister, shopping with her. And I was in the store, like deep in the store, and some lady comes to the door, is calling me every name in the book, a murderer, a fag, how could Larry and I get together and kill Anna. Speaking about my sister, does she have money, too, not knowing it’s my sister…”

As a friend I have talked to Bonnie briefly, off the record, I remember her telling me about the shopping incident when it happened and the hurt in her voice for her brother. Bonnie Stern is Howard K. Stern’s big sister, no matter the anger, no matter the pain, no matter what the last 2 years have done to all of their lives… well she is his big sister, with both the good and the bad that comes with that and no matter how much stress is in her life, you still hear the love and being protective of her younger brother.

Now Bonnie Stern has filed personal bankruptcy, one more life ruined in all of this.

Two years ago in what should have been a two day blog/forum war, the kind that happens every day online I am told, those 2 days has now stretched out for 2 years. That other site owner, the emails I have been sent where she is asking, no begging people to go out and find anything, just anything that can connect me to child porn, so many emails, calls to the FBI, to Social Security, to Medicare. It was a Pandora’s Box of horrors, and once that lid was opened no matter that it is 120% [since Cosby likes that number I will borrow it here], a lie, once again it has surfaced and once again like wild fire it has spread across the blogs and forums, with a life of it’s own, and no thought of it being a lie, or that accusations like that no matter how untrue can get our home burnt to the ground. No that lid on Pandora’s Box can never be closed now… Then you have the woman who bragged, and yes we have kept that post, bragged about crossing two state lines to turn cyber stalking of me into real life stalking, and they feel they are entitled… just because.

Well I think I will go have another good cry, seems like I am doing that most of the time these days. Ken and I have thought about closing this site, it is no fun anymore, the writing, discussions, the stimulating of the brain cells and thoughts, all now gone… However, that said, what we have gone through and continue to go through on a daily basis for the sole reason I never believed a man murdered two people, and I never will and for that my life has been destroyed too. Ken asks me what our life would be like today if he had never told me on February 8, 2007 that Anna Nicole Smith had collapsed in a hotel room… I think a lot of people would never have become involved or expressed their concern of a man falsely accused… but that is why hindsight is 20 – 20 isn’t it?

Pick up this deposition excerpt and a copy of Bonnie Stern’s bankruptcy in our download section, opened to ALL, not just members of Rose Speaks.com and then share your thoughts with us on how many lives have been destroyed, and how long will this go on.

©Rose Turner
February 2, 2009
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This entry was posted on Monday, February 2nd, 2009 at 7:38 pm and is filed under All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Douglas Maynard, Elizabeth McNamara, Ford Shelley, G Ben Thompson, Geraldo - Live, Geraldo At Large, Geraldo FOX News, High Proflie Trials, Horizons law suit, Howard K Stern, Howard and Anna, Jack Harding, Larry Birkhead, Lin Wood, Mark Speer, Pol' Atteu and Patrik Simpson, Rita Cosby, Rose Turner. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.