Larry Birkhead, Bonnie Stern and Teresa Stephens Hearing in the Harris County Court: Friday July 17, 2009 by Emmett Glenn
Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall, Entertainment Tonight, Harvey Levin, High Proflie Trials, Howard K Stern, Larry Birkhead, Lyndal Harrington, Neil McCabe, Rose Turner, TMZ, TMZ.com, Teresa Stephens
With so many items on the docket, it was clearly going to be a long day—albeit, a busy one—in court on Friday. The docket read like a laundry list: Teresa Stephens’ Contempt Motion, a Hearing of all of Teresa Stephens’ Motions, Larry Birkhead’s Motion to Compel, and Bonnie Stern’s Motion for Sanctions. Among those present were Judge Lindsay, of course, and attorneys Neil McCabe (for Plaintiff Virgie Arthur), his paralegal Patti Lampton, Mr. Ronald C. Lewis (for Defendant Larry Birkhead), and Ms. Amanda Bush (for Defendant Art Harris). In the gallery were the writer, his partner Kenneth, and Ms. Lyndal Harrington. We were told that Defendant Teresa Stephens, Defendant Pro Se would not be able to arrive to court on time, but would be there by 3:00pm.
The first issue heard was Birkhead’s Motion to Compel order. This hearing was supposed to be before the court last Friday, but was canceled and rescheduled for this Friday. His usual lawyer, Diane Marshall, was not able to appear in Birkhead’s behalf, being otherwise occupied in a related matter. Instead, Mr. Lewis represented him. A formidable man, Mr. Lewis was a powerful speaker: His words were grand, his speech eloquent, but his delivery was dry and his tone, though deep and rich, was low and monotone.
But the man could talk—and talk he did. Once he got his engine running, his volume and his passion grew. At the very beginning, though, following Neil McCabe’s opening statement, he said that he had come prepared to present his case in a particular fashion and that the order in which McCabe had presented the points in Birkhead’s case “threw him off track.” He said he had to reorganize his notes and asked the court leave to make adjustments.
Mr. Lewis insisted that the matter before the court, regarding Larry Birkhead, was not germane because the issue was really about jurisdiction and jurisdictional discovery, and not about compelling Birkhead to turn his computer over to Special Master and computer forensic examiner Craig Ball. This was Lewis’ sole train of thought and, as this writer mentioned earlier, once he got on track, he went full steam ahead. He laid out his argument beautifully; presenting his case as a series of objections which, he explained, he was appealing to the Court to sustain.
In furtherance of Mr. Lewis’ argument, Lyndal Harrington rose from her seat in the gallery and asked to address the Court. The Judge granted Ms. Harrington permission to speak. Her voice was without a trace of timidity and the strength of her diction betrayed any signs of verisimilitude, so much so that it caused this writer to note it. Ms. Harrington, never leaving her place in the gallery, stated her conviction that Mr. McCabe’s request for information was over broad and that this case demonstrated the same kind of fishing expedition (borrowing a term that Mr. Lewis had used in his argument) present in all of McCabe’s requests from defendants in the case. At the conclusion of Ms. Harrington’s statement, she sat back down and the Court thanked her for her input. Even Mr. Lewis seemed impressed, nodding his head in agreement.
Although, in the opinion of this writer, Mr. Lewis was brilliant in soliloquy and his argument was replete in logic and a terrific example of persuasive essay, he learned shortly thereafter that he had apparently missed the mark entirely and, in the words of the Court, had just spent the last 20 minutes or so arguing a different motion than the one before the Court. Judge Lindsay promptly overruled every one of Lewis’ objections.
On a more fruitful note, however, Mr. Ron Lewis and Mr. Neil McCabe managed to hammer out an agreement as to how the forensic examiner is to conduct his search on Larry Birkhead’s computer. Special Master Craig Ball will search Birkhead’s computer for references in List #1 (see Birkhead’s Motion to Compel). Once Ball has obtained those references, he is then to search those for references in List #2 (please see Birkhead’s Motion to Compel for the Lists). Both attorneys seemed satisfied with the new limitation placed on the scope of the search. Judge Lindsay also made it abundantly clear that any material of a personal nature would automatically be deemed inadmissible and said that the restriction applied to all defendants. Mr. Lewis then asked the court for further clarification concerning records of Larry Birkhead’s financial data. The Court said, “Information pertaining to Mr. Birkhead’s finances will be admissible, but you always have the right to include anything you want on your privilege log.”
This pronouncement did not sit well with Mr. Lewis, which was made evident by the way he shook his head in amazement as he threw his belongings in his briefcase. This small demonstration earned Mr. Lewis an admonishment from the Court: “Mr. Lewis, I would advise you and Ms. Marshall to advise your client not to delete anything on his computer. In fact, I would advise him to lock it up somewhere.”
Surprising (to this writer, at any rate) is the fact that Judge Lindsay refused to sign an order compelling Birkhead to submit his computer to Mr. Ball. Rather, she said, “Let’s give Mr. Birkhead the opportunity to listen to his attorneys’ advice, now that Mr. Lewis understands where this court stands in that regard.” Mr. McCabe had no objection.
It should be pointed out that, during Mr. Lewis’ oral presentation, Judge Lindsay’s clerk entered the courtroom through a door behind the bench and handed a one-page document to the Judge to read. After reading it, the Judge exchanged a cagey little smile with the Clerk, and then the Clerk left through the same door from which she had entered.
The hearing then adjourned its first short recess.
Upon the resumption of the hearing, Judge Lindsay’s Clerk, Alice Rowe took the witness stand to testify as to what she knew about Teresa Stephens’ lack of appearance in court. Ms. Stephens was to present her motions as well as answer the show cause Order as to why she should not be held in contempt of court filed against her by Mr. McCabe for not turning her computer over to Mr. Ball for examination.
Mr. McCabe elicited from the Ms. Rowe that Teresa Stephens had notified the Ms. Rowe as the Court Clerk that, due to a number of unforeseen circumstances, Ms. Stephens would not be able to make it to court by 1:30 P. M., the time the hearing was scheduled to begin. The Clerk, Ms. Rowe, explained that she gave Ms. Stephens until 2:00 P. M. to arrive, but that Ms. Stephens said she still wouldn’t make it by then. Finally, both agreed that a 3:00 P. M. arrival was doable. Ms. Rowe was on the stand at 3:20 P. M. and clearly Teresa Stephens had not yet arrived and the Clerk was unable to provide any further explanation for Ms. Stephens’ absence. She was allowed to step down.
Mr. McCabe then addressed the Court: “Your Honor, I would ask the Court’s permission to call to the stand Lyndal Harrington. We would like to determine if perhaps she may shed some light as to the reason Ms. Stephens is not present.” The judge said that was fine. Ms. Harrington, without hesitation, took the witness stand.
McCabe: Ms. Harrington, have you been in touch with defendant Teresa Stephens?
Harrington: Yes, I have.
McCabe: How frequently would you say you have contact with Ms. Stephens?
Harrington: Today? Or do you mean—
McCabe: Over the past week, say.
Harrington: Because of this hearing coming up this week, I would say a few times over the course of the week.
McCabe: When was the last time you spoke to her?
Harrington: Just a few minutes ago, while we were at recess.
McCabe: Did she tell you why she isn’t here?
Harrington: She told me, as far as I know, she has every intention of showing up. I asked her if she needed me to pick her up at the airport.
[Note: The writer was present with Ms. Harrington when she received this phone call from Ms. Stephens and, if given the chance, I would testify that Ms. Harrington’s testimony was truthful. After the initial conversation above, Ms. Harrington was afforded her privacy.]
McCabe: How many times have you spoken to her today, either on the phone or other means?
Harrington: Three times. At one point, she asked me if I would babysit her child, out in the hallway, while she was in here presenting her case.
McCabe: Did she make arrangements for her child in the event she was arrested?
Harrington: She asked me, if something like that were to happen, if I could maybe take care of her child; but I said it would be inconvenient for me because of my present situation. But I would if I had to.
McCabe: You mean she hasn’t made any definite accommodations for her child yet?
Harrington: I really don’t know.
McCabe: No further questions, Your Honor.
Judge Lindsay: Okay, thank you, Ms. Harrington. You may step down.
At that point, Judge Lindsay asked Mr. McCabe to present a warrant for Teresa Stephens’ arrest. She explained how a Tarrant County sheriff would locate Mr. Stephens and take her into custody. She would be held in a Tarrant County jail until a Harris County Constable went to the Tarrant Jail and picked up Ms. Stephens to transfer her to Harris County. McCabe’s law firm would be required to bear the expense of obtaining a Harris County sheriff to have her transferred from the Tarrant County jail to to the Harris County jail, where she would remain in custody until the Motion for Show Cause for Contempt hearing could be rescheduled. Judge Lindsay gave every impression that Teresa Stephens could be in jail in a matter of hours, if that was how Mr. McCabe wanted to proceed.
But Mr. McCabe declined. He explained that it had come to his attention earlier in the day that Ms. Stephens had filed some kind of last-minute emergency appeal that, even though he hadn’t read it yet, he believed was an attempt to attach herself to Howard K. Stern’s Writ of Mandamus. He said that, even though he was aware Ms. Stephens could be remanded to jail presently, he felt Ms. Stephens should be afforded the opportunity to have her appeal heard, and then proceed from there, depending on the outcome. Judge Lindsay said, “I think that’s an excellent idea.”
It had already edged just past 4:30 P. M. and the matter was only now turning to Bonnie Stern’s Motion for Sanctions. The writer feels had Ms. Stephens’ numerous motions been heard, the hearing would have gone far beyond 5:00 P. M.. As it were, it was getting close to 5:00 P. M. and the Bonnie Stern matter only now was getting heard.
The Motion for Sanctions hearing, as it turned out, was the briefest. Bonnie Stern, a Pro Se Defendant in Harris County, was not present; nor did she have anyone there to advocate for her. Mr. McCabe simply read portions of Craig Ball’s forensic findings, which indicated that spoliation had definitely taken place relative to Ms. Stern’s electronic media. Mr. McCabe also provided a brief summary of Mr. Bly’s declaration, in which he admits to having deleted portions of Ms. Stern’s hard drives.
Perhaps not satisfied with Mr. McCabe’s rather short synopses, the Court requested all of the referenced documents so she could read them herself. Her reading occupied the most part of the remaining half hour. When she was through, she asked a few questions, such as, “How in the world did Bonnie Stern get the notion there was a warrant out for her arrest?”—to which Mr. McCabe replied that the misinformation must have been related by one of the spectators in the gallery.
[Note: This writer was not present on the day the arrest warrant was sworn out for Ms. Harrington’s arrest. The confusion and furor followed the publication of an arrest warrant (with no name attached) on Harris County’s web site. Some believed it was for Lyndal Harrington, while others believed it was for Bonnie Stern. Some in attendance that day said they heard with their own ears that the warrant was being issued for Ms. Stern. The matter was eventually cleared up when it was determined the warrant was indeed issued for Ms. Harrington and that its issuance was merely a formality.]
Judge Lindsay sustained the Motions for Sanctions against Bonnie Stern. When the Court asked McCabe for his suggested sanctions, for the crime of spoliation he requested a default judgment for liability only, as damages have yet to be determined. Judge Lindsay granted the request. Additionally, for the crime of discovery abuse, McCabe requested that Bonnie Stern be forced to forfeit her Special Appearance, during which she would argue that Texas has no jurisdiction over her and her computer. Judge Lindsay granted that request as well. Houston now has jurisdiction over Ms. Stern and her electronic media.
Court adjourned at exactly 5:00pm.
Newest Filing in Texas filed by Arthur on July 17, 2009
July 17, 2009 Virgie Arthur’s Third Amended Original Petition in some ways firming up previous allegations and for the first time states CBS is a responsible third party. The newest filing for the first time says Virgie Arthur was notified that she is the next of kin for Anna Nicole Smith in the California prosecution of Howard K. Stern, wonder if that opens the door for a wrongful death suit?
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2223.
© Emmett Glenn
July 19, 2009
Used with the permission of Emmett Glenn
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Tags: Alice Rowe, Anna Nicole Smith, Art Harris, Bonnie Stern, Celebrity Trials, Craig Ball, Dannielynn, Diana Marshall, Honorable Tony Lindsay, Howard K Stern, Judge Tony Lindsay, Lyndal Harrington, Neil McCabe, Patti Lampton, Ronald C. Lewis, Rose Turner, Teresa Stephens
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Emmett, thank you for a well written and accurate article. Thank you for lending support to our Lyndal and Teresa. I’m sure it was appreciated by both ladies even though Teresa didn’t appear in court. Just knowing is enough.
Chat room opens in 20 minutes for those who wish to join in for a little conversation on a Sunday evening.
Everyone have a great week.
[...] Kim gets most of her free time, and she wanted him to accompany her on promotional tours abroad. Larry Birkhead, Bonnie Stern and Teresa Stephens Hearing in the Harris County Court: Friday July 17,… – rosespeaks.com 07/19/2009 With so many items on the docket, it was clearly going to be a long [...]
Thankyou Emmett.
So the Judge is not going to listen to any other Lawyers arguments it seems..strange about Bonnie being under Texas jurisdiction.
Good to know Lyndal was on her game.
Theresa wasn’t arrested. Mcabe might not want that it seems but probably because of bad press.
Need to process this some more
Emmett ~~ thanks for your input concerning Fridays hearing.
heath [3] yeah I was thinking the same thing “BAD PRESS” concerning McCabe’s decline of the arrest warrant. What gets me is right before he tells the court how the Emergency Appeal had come to his attention earlier; he makes this arrogant asshole comment.
“McCabe: Did she make arrangements for her child in the event she was arrested?”
IMO Lindsay known about that Emergency Appeal but still suggested having Butterfly/Theresa arrested in order to show the power, she and Team Texas have.
Lyndal ~~ you go girl that’s right you tell them just how [my words] ridiculous McCabe’s request/demands are.
Thank the good Lord Butterfly/Theresa filed the Emergency Appeal cause it looks as though the Judge was gonna be a real Bitch and put this poor young mother in jail. IMO this is such bullshit!!
the judge is one side judge only she should not be a judge .
Thank you, Rose, for the excellent editing! I DEEPLY appreciate your additions. When it comes to technicalities (such as the full and proper titles of motions), I’m a bit slow on the draw. I recognize the hard work you put into turning an okay article into an even better one. Thank you very, very much!
One thing you are wrong about Emmett is there was mention of a warrant to be issued for Bonnie Stern. There is even a reference to it in one of the latest court filings. I guess I will try to get Lyndal herself to come here and post that story one more time and everyone can hear it from the horses mouth.
Ok I just talked to Lyndal and she doesn’t want to post on any blog anywhere. Between Lyndal and her daughter I choose to believe what was told to me. Let me point out that no where or at no time did I, Lyndal or anyone in her family ever say a word about a bounty hunter going after Bonnie. That did NOT come from me. Her family was unable to comment on that happening the second day because they were not in the court room. Therefore, we didn’t learn the full story until AFTER Lyndal was out of jail. Now, with that being said, take it the way you want to. I’m over it and wont address it again. Emmett, you’ve met Lyndal who do you believe?
There is one thing I was told that has been left out that you and Lyndal talked about, that being how Judge Lindsay was falling asleep during Mr. Lewis’ argument and how funny it was that Lyndal kept coughing loudly to try and wake her up.
Lyndal was worried about TS daughter if she went to jail for contempt but at no time did TS ask Lyndal to keep her daughter if that did happen. She only asked Lyndal to watch her daughter as a last resort if TS ended up having to bring her to court with her and it was only to watch her during the court proceedings.
OMG! Roxanne! How very FUNNY! “The ‘real’ SLEEPING JUDGE”
Please tell Miss Lyndal that I miss her terribly! Hope she is well, she certainly sounds strong and unafraid of that intimidation crap from those unscrupulous scoundrels! ;) JMHO of them! :D I believe anything you or Lyn states period!
*Thanks for the great chat session Sammy!
Shame on you guys for missing our Sunday night get together!!! (J.K.)
Have a great evening!
Beth
I just signed into Sunday chat and you guys weren’t there. So now what?
Rox I missed you as well
Roxanne “When she was through, she asked a few questions, such as, “How in the world did Bonnie Stern get the notion there was a warrant out for her arrest?”—”
You are right that was confirmed in Meyer’s filing on another Motion for Sanctions or something cause we all went YEA, see it is in black and white…
What this tells me is that if you have to ask to look at the papers at the end of the day to read and get caught up….. why not do that at the beginning??? And was the Arrest paperwork on Bonnie in that file? Or the Court’s file it appears this judge did not read before the hearing to make sure she was up to date?
Also based on Emmett’s article I see this going one of 2 ways… the lawyers work out an Agreed Order for Birkhead to turn over his computer… or because his lawyer kept making sure the court said over rule on all of his objections and turning over his finances before jurisdiction is decided??? I think jurisdiction has been decided… so either a deal for the computer is on the works on an Agreed Order, or an Appeal is in the works based on have Judge Lindsay rule as sustain or over rule on most of Birkhead’s lawyer presentation… he sounds pretty sharp to me… so wonder which we will see over the next week to 10 days, Agreed Order worked out or an Appeal?
She looks just like her mother, it’s incredible!
It’s been SO long since we’ve seen these two! But not much has changed…
Dannielynn is still growing up to be a beautiful girl and Larry Birkhead is still a little weird, to say the least.
http://x17online.com/celebrities/larry_birkhead/presenting_larry_and_dannielynn-07192009.php
What’s up with Birkhead “is still weird, to say the least”… WOW, and you know this site of x17online.com paid for that photo shoot or the rights or was at least called with a tip… but “weird to say the least”
What a strange statement to say…
Lord.I thought I saw and heard everything until tonight,I still cannot believe what I saw.Did anyone watch Geraldo ?OMG OMG,What a SICK.DISCUSTING STUPID,MORON,who should be arrested.and charged with interfering with a police investigation.For grandstanding purposes.Geraldo displayed two bottles of oxycontin,and prescrip found in the woods,and told his brother to turn them over to the police,but not before he showed them on his program,they were for Michael Jackson.(there went any fingerprints)Geraldo rules,ME FIRST FOR RATINGS.To even touch them to me is interfering.no one had any business,the police should have been calledto were they were found in the woods.
BETH–Loved the pictures of Dannielynn,She is a beautiful child,and every picture,you can see a proud daddy,I am sorry Lyndal DID NOT HAVE A CELL PHONE CAMERA,and taken a picture of the sleeping judge,that would make good headlines in any paper.I would love to know how any human being,could not get sick to your stomach watching (HOT PANTS) McCabe play (big S) with womans lifes.he just loves tormenting women.what a sick prevert.The reason no jail IS THE PRESS,WHO THE HELL DOES HE THINK HE IS FOOLING.
Hey Beverly! Yes they were cute weren’t they! I have a feeling that being LB was out in public; park & parking lot…
* THERE WAS NO FEE PAID FOR THOSE SHOTS >> is my guess…
Roxanne, sorry I missed you and heath… We were there at 8/8:30 blog time.
I HOPE LB APPEALS and doesn’t give that ass anything! He wants his financial personal info? BS!
Those idiots at the firm make me sick to my stomach! Lowlife worthless pieces of crap IN MY OPINION!
Trying to put a young mom in jail when the sleeping Judge and McASS both KNOW there was NO CONSPIRACY TO DEFAME THAT HORRID HORRID WOMAN!
It is THEM who need to be PUT AWAY! I have a right to my opinion on that! I hope to God someone gets them out of their jobs soon, as they really SUCK at them! Again, jmho on those creeps!
Heath [3] I think you hit the nail on the head when you said it’s important to give yourself ample time to process the events taking place during the hearings. I may be going out on a limb here saying this, but I feel much of the drama the article conveyed is attributable to the fact that I jam-packed three and a half hours of court time into a 2000-word essay. One of the reasons I’ve decided to attend the hearings was to get a real feel for what is going on. With the extraordinary fees charged for transcripts, the only thing we get to look at are the motions that come out of the hearings, and they’re no help in giving us a true picture of what transpires during the hearings that result in the motions we’re allowed to see. And even with a transcript, you don’t necessarily get an accurate picture. An awful lot can be said with just a nod or a wink.
…or a cough. (Lyndal kills me, and I’ll delve into that a little later).
Roxanne [7] “One thing you are wrong about Emmett is there was mention of a warrant to be issued for Bonnie Stern.”
The one regret I have about being unable to attend the Tuesday hearing is that I am unable to verify whether the subject had arisen concerning the issuance of a warrant for Bonnie Stern’s arrest. I simply was not there, so I can neither confirm nor deny anyone’s assertion that the subject came up. However, I was there this past Friday and Judge Lindsay did, in fact, ask how Bonnie got the notion that there was a warrant out for her arrest, and Mr. McCabe’s answer was that he supposed it was misinformation passed on to Bonnie through one of the spectators. That is what was said on Friday and it’s all I can positively report on.
If you were there on that Tuesday and you heard it with your own two ears, then there is no reason anyone should doubt your word. I trust your observational skills; therefore, I have no doubt what you say occurred did indeed occur.
Roxanne [8] I should have read your followup comment before I sent my last post [20]. Okay, so you weren’t there, but it’s something that Lyndal herself told you after she was released. I get ya.
Well then, boom, there it is. We’ve got the truth. From Lyndal herself, who was very much there to hear it. The idea that it would be something Lyndal would lie about is ridiculous. Besides, Lyndal doesn’t exactly strike me as a person who is afraid to tell the truth; nor does she strike me as the type of woman who would make up lies in order to draw attention to herself.
Rox and Emmett I think the judge wouldn’t know what she said to be honest, not the best role model for other judges and “nuff said” about McCabe.
I just hope there is some type of review on their performance by some type of legal watch dog.
The statements about Bonnie being arrested was all over, just like with Theresa and Lyndal.
All those idiots wanting them jailed.
Sick bastards
Roxanne [9] “There is one thing I was told that has been left out that you and Lyndal talked about, that being how Judge Lindsay was falling asleep during Mr. Lewis’ argument and how funny it was that Lyndal kept coughing loudly to try and wake her up.”
….
Well, that conversation between Lyndal and me took place outside, during recess. It’s true. It’s quite evident to others that Judge Lindsay often closes her eyes when listening to others speak. It’s unnerving, but I realize that some people actually “hear” better with their eyes closed. Even Kenneth mentioned to me later that he believed the bailiff held onto a buzzer that sent a shock to Lindsay’s chair whenever it looked like she was going to nod off and fall out of her chair.
But I did chalk up the whole “closing of the eyes” bit to “That’s just her way” and “Maybe she’s ill and has to take medication; maybe her meds make her sleepy” and “I can see why they call her the Sleeping Judge.” She sure doesn’t demonstrate any of the tell-tale signs of actually nodding off, though, where the head slowly begins to tilt down, lower, lower, and then suddenly bobs upright. And I’ve never heard her snore.
Anyway, Lyndal sat in the gallery across the aisle from me. She was coughing a lot, and I supposed she had herself a nasty cold. I also noticed that whenever she coughed, Judge Lindsay’s eyes would pop open. Briefly. I never thought to connect Lyndal’s coughing to Lindsay’s closed eyes. I didn’t think to connect the two until, that is, Lyndal, Kenneth and I had a moment to ourselves outside during recess.
When Lyndal ever said that the reason she was coughing in the courtroom in order was to keep the judge from falling asleep, it struck me as so funny that I nearly hacked up a lung from laughing so hard. I think I found it so funny because I had already spent quite a fair amount of time seriously deliberating the reason a judge would sit at the bench with her eyes closed half the time. That, in addition to the fact that, while I sat in the courtroom, I was growing more and more concerned about how sick Lyndal was–so much so that I was going to suggest to her to go to the emergency room to have a x-ray taken to make sure she didn’t have pneumonia.
So there I was, concerned that the judge may have a health issue and is taking medication that makes her drowsy; concerned that Lyndal may possibly have pneumonia and needs to get to a doctor right away; and then she comes up with the line about coughing just to keep the judge awake.
Rose [13] and Heath [22]
As we sat there for the last 30 minutes of the hearing, in silence, as Judge Lindsay read through Ball’s findings and Bly’s declarations (and that’s it), it was all too apparent that “someone” didn’t do her homework before coming in to preside over the matter. I asked myself the same question: “Why hasn’t she already read all that?” And now that I know that the Bonnie’s arrest warrant was confirmed in one of Meyer’s motions, “Why didn’t she already know that?” It may be unreasonable to assume that any judge reads every single thing and commits it to memory, but I also think it’s unreasonable to accept that a judge would not be aware that something as important as the presently discussed defendant’s freedom has been hanging in the balance.
GOOD MORNING—-I am happy to see Larry can enjoy his childs growing up.Vergie has NOT destroyed,everyone,s life.contrary to the believe that Dannielynn looks like Vergie,she does not,but if the people at T see it,I hope Vergie sees the same,and relives her daughter hated of her over and over,and soon Dannielynn will feel the same.I would make sure in the comming years,as Dannielynn gets older,she knows grandma is after MONEY,to make HER life,what she wanted.I would make sure Dannielynn was told where she was born,and that GREEDY GRANDMA got booed off the Island,after posing and smiling at her brothers inquest,GOOD LUCK LARRY.PLEASE BUT WHAT YOU ARE GOING THROUGH IN ANY MAGAZINE OR PAPER THAT WILL LISTEN.
McCabe is a smug (B) who is using OQ money influence to get what he wants,I will suggest to Larry,and anyone one else use the power of the press,I would find every paper in Houston every magazine like US ,People and have them carry the story,Come on Larry,give McCabe and Vergie a taste of there own slime.McCabe likes playing ,give him something to remember you by.PLEASE FIX THAT SLIME.
Thanks Only swim in the Ocean & Howard Supporter!
*******************************************************************
1713. …
We will never get the truth as it is well-covered up and now blatantly gossiped as an illegal move by Lin Wood. Of cours, there are lots and lots of motions for recusal of judges in Texas. I suppose another such motion could be made by any defendant. Heaven knows there is plenty more reason to do so than before in April.
Posted at 4:12PM on Jul 19th 2009 by Howard Supporter
*****
The hearing was in the bag when Lindsay’s email was refused to Wood. It’s always the case with these outlier County Courts that higher Courts are ultimately necessary to correct the anomalies as they occur.
Now that McCabe has lost Bonnie his next moves should prove amusing; McCabe and Judge Lindsay fussing around while the big Court takes over. This abusive and vexatious ‘bloggers’ case is only kept alive to allow O’Q/McCabe a vehicle with which to corrupt other processes. The SC case as it progresses will likely expose VA to far greater liability for deliberate malicious injury than any of her lawsuits have ever imagined.
Posted at 12:00AM on Jul 20th 2009 by Only swim in the Ocean
http://www.tmz.com/2009/05/13/howard-k-stern-2-docs-were-not-guilty/115#comments
#27 Aggie, I read somewhere when the judge appointed before Wood asked that she be struck from hearing the Recusal Motion based on she had been defeated in an election in her home town of Lufkin Texas, that on the FOURTH attempt to Recuse another judge in Harris County, this woman had granted it. Therefore I am sure that other defendants for other reasons stated could ask for a new Motion to Recuse based on new facts, it has to be available or I would not have found on the web that it was done of the fourth try…. HOWEVER, would it be better to do that or just let this play out and do an appeal when it is over if it goes to trial? That is a cost I cannot weigh as I don’t know which costs the most once the appellate court gets an appeal.
On another note the fact that the Appeals court granted Lin Wood and Luke Lantta Pro Hac Vice status on July 10, 2009 and did not automatically kick the Writ out says to me they want to at least listen to oral arguments before deciding, now how far that would affect other defendants I am not sure about.
I’m still confused as to what Bonnie’s default judgment means exactly. So, TX only holds jurisdiction over Bonnie now for liability? Meaning Bonnie just falls in line with the other defendants when a judgment is rendered? And other than that, TX has no jurisdiction as far as depositions and discovery? Can McC use whatever Ball did get off of Bonnie’s hard drives? Just what does it mean in terms of the other defendants? I have not seen anything about Bonnie getting an adverse inference, but maybe that will be the next move by TX?
July 17, 2009 Virgie Arthur’s Third Amended Original Petition in some ways firming up previous allegations and for the first time states CBS is a responsible third party.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2223
OMG, Rox & Emmett you two are hilarious your comments made me wish I were an observer in that courtroom though I probably would have been asked to leave due to laughing aloud.
Roxanne [9] I could not help but laugh at your comment concerning the Judge falling asleep during Friday’s court proceeding and Lyndal coughing loudly in order to wake her up
wonder if Larry’s council witnessed this as well.
Emmett [23] OMG your comment concerning whether Lyndal needed to go to the emergency room and if the Judge may have been taking something that made her drowsy cracked me up but it was nice of you to be concerned about their well-being. I have to say though this here was the funniest of all “bailiff held onto a buzzer that sent a shock to Lindsay’s chair whenever it looked like she was going to nod off and fall out of her chair.” tell Kenneth thanks for that one ;-)
I do know none of this is really a laughing matter but as some of us have said, sometimes laughter is the best medicine and with what Emmett & Lyndal witnessed Friday in the courtroom sorta proved what had already been said about Lindsay before taking on this case.
20
Emmett
I understand. All Lindsay had to do is read the court filings to “refresh” her memory of that conversation with McCabe that day. There was no paper work filed with the court. McCabe was supposed to have it ready that day for her to sign and then he held off to see if he could scare Bonnie into turning over computer. It’s mentioned in the recent filing for santions against Bonnie by Meyer. Right there in Black and White so there is no need for you to confirm or deny it happened. It’s verification comes in those filings.
21
Emmett
Correct.
23
Shock….haha Now that would have been funny.
#30…I wonder if anyone reading that doc that wasn’t familiar with the story line could do so with a straight face? Or if a jury could keep one?
The Bahamians must of been influenced by Harris also? Didn’t officials travel to Texas and do an interview with Virgie?
“Caring police officer”=”Virgie would of shot him”
Acknowledged a rape…”permitted a rape”. Who the heck permits a rape???
“TMZ wanted to destroy Virgie”…yeah, ok…their normal bread and butter is highlighting things in the media but they specificaly wanted to destroy Virgie. Yeah. That’s grasping.
Using ’snarkygossip’ as a source?? Uhhh…snarky…gossip….that’s the best he could come up with??
Those myspace pics that were posted on Topix in the last couple days, of Jackie and ‘the fam’, was that before Daniel’s memorial in Texas?? Looks like Jackie thought she was walking the red carpet.
Idiot on Topix. I had Lyndal on the phone telling me what had actually happened and she did say that Emmett got that part of it wrong. It was about keeping the kid for the WEEKEND and not about keeping the kid DURING COURT. Big difference there.
I have 2 question. How the hell did this women become a Judge and where did she get her education? Did someone owe her a favor and she just walked into the job. Kind of like Virgie NO education but wears a badge. If Virgie had to get a job this day and age she would never he hired by the police. She would still be working in a donut shop. This judge couldn’t be a clerk in Calif courts.
Idiot number 2 over at Topix
I NEVER said a word about a bounty hunter and the first I heard of it was from someone else and I was told the same thing everyone else was told and that was it had been confirmed by 2 people. I have always said someone somewhere was lying about the bounty hunter. Plain and simple….someone lied.
Ray, to answer your first question “How the hell did this women become a Judge…” She was elected by the people down there. Judges are elected officials.
Ray I so agree with you.I always though you had to have a high school diploma and take classes but than again my brother-in law is a police chief and I know he had to take some courses but when he was a part time police officer for two small towns I don’t think he had to go to the academy at that time.He worked his way up.Sure does not say much about the Houston Police department and some of the people in it now does it
Ken, then who backed her election win. Where did she get the money for a campaign? Is she wealthy on her own?
Ray [40] Her husband is a long term Texas Republican State Senator (from the Houston area) and they’ve been very involved in politics around the Houston area, so I would say she’s got money and connections. The only reason (I think) she didn’t get voted out like all but one other sitting republican judges down there last election (2008) was that she wasn’t up for reelection until 2010.
WHAT A F-ed UP FAIRY TALE!!!!
LOL LOL Bull Shit to the Max In that Motion!!!!
> “The State of California officially has notified VIRGIE ARTHUR that she is regarded as next of kin to the victim in that case.”
*IF TRUE>>> SO? LOL Dannie-Lynn is Anna’s heir, ONLY HEIR! So what, if HKS is taken off as Executor of Anna’s Estate… Ron Rale will take over BECAUSE CA has DEEMED THE WILL VALID and WILL UPHOLD ANS’s WISHES!!!
LOL > good try Texas… The COURT TAKES IN ACCOUNT (STRONGLY) e.g. Just like they will for Debbie Rowe who has been estranged from her kids….. SO! Next of kin (an estranged relative? LOL >> SO? no way — in your dreams I say!)
VA will not ever BE ABLE TO FILE A WRONGFUL DEATH SUIT, only Dannie-Lynn would and it has been concluded to be accidental death!
If an estranged mother or any other relative could come out of the wood work when a relative dies… then the Courts would be fuller than they are already!
** BOTTOM LINE .. VA CANNOT file anything in regards to ANNA!!! She has lost nothing she didn’t have for almost 15 years! By Anna’s choice she wanted nothing to do with those who just wanted from her yet gave no time or love back to her! RIDICULOUS! There are Laws in CA that are very strong; ANY wrongful death suit you have to in detail PROVE what your life is like on a daily basis without that specific person… VA has not had that specific person in her life on a daily basis for YEARS!!! She has had no daily loss of income, or companionship from this estranged relative!
SO THIS IS WHERE TX WAS HEADING!!! MAKES SO MUCH SENSE NOW. LOL Too bad, too sad…
There is NO WAY ANY office will state that ANNA’s death was not accidental and by her own hand!
>“Eventually Defendant Birkhead and Howard Stern struck a deal.”
LOL Oh yea! That is the supposed conversation that Mark Speers heard… :D Only thing is he has been proven not to be there!
Let’s wait and see what MS has said UNDER OATH! ;)
* LB and HKS DECIDED to work together for the sake of the child! HKS was always going to be Executor BECAUSE that is what Anna wanted!
It doesn’t make a flipping difference what her estranged mom wants, or her estranged mom’s greedy helpers!
“In Exchange” LOL LOL Ridiculous! (anticipated fortune) Most likely Nothing will come from the Marshalls is my guess!
* What has the estranged mom and her helpers done? In the last two years they have trashed Anna in books of lies, and made her reputation WORSE than it was! There will be NO FORTUNE, numskulls!
LOL sweetheart deal, SHIT! HKS is Executor because Anna’s will wanted him to be, LB is the father with SOLE CUSTODY because his DNA proved him to be the father. He is NOT a sperm donor, ANS and him tried to conceive before… Anna tried twice to have a child w/ Larry, Anna purposefully KEPT VA out of her and her teenage son’s life for years! When that teenager became an adult he also chose NOT TO CONTACT VA (his estranged grandmother) for over two years after 18 years of age!
TX HAS NO STANDING IN ANYTHING TO DO WITH ANNA NICOLE SMITH!
Hell, Anna even stopped using the name that woman gave her!
VA WAS NEVER IN THE WAY! SHE NEVER HAD ANY STANDING due to the decade of estrangement! LOL > Only in Texas’s dreams she had standing! This is why time after time they got shot down in every Court they went too! ANNA DOES NOT WANT THAT WOMAN NEAR HER BELONGINGS OR HER CHILD! She told the WORLD THAT!
LOL McC keeps talking about the millions of dollars that might be the estate’s and Dannie-Lynn’s one day..
* WHAT? Most likely the Marshall’s will not have to pay one penny, But if they did it should be held in trust for DL until she is older! It should not even go to the Estate for others to mess with! (Like TX seems to want to) Any money received > a small 6 percent would go to the lawyers who fought for it over 12 years and the rest should be put up and not touched until DL decides what she wants to do with it… SHE IS THE HEIR OF THE ESTATE! NOT VA! VA has NO LEGAL STANDING in Fl, Bahamas, CA, ect…
There was NO PLOT as VA was NO LEGAL THREAT!
Hey TEXAS!!! > Tell everyone what they were worried about? Legally she could not get anything from her estranged daughter!!! Your Motion is full of Bull Shit Lies imo!
LOL share his secret thoughts… IS THIS NUT DELUSIONAL? Wow! How embarrassing to have those words in print!
VA will be declared a limited public figure!
Why? > Because SHE ALONE put herself out there before the O’Quinn law firm came along and spent hundreds of thousands of dollars pro bono (lol my ass > they were looking for to control that fortune that gets brought up in all of their pleadings is my guess!)
SHE ALONE sold stuff to PROFIT off her estranged relatives!
NO ONE DID ANYTHING WITH MALICE AS SHE WAS NEVER ANY THREAT TO HKS OR LB!
Once the DNA was done, once the Will was declared valid, once LB was legally in CA to be declared DL’s sole guardian.., Why would any one bother to go out of there way to try and did up DIRT? BY THE WAY THAT IS JUST WHAT TEXAS has paid DC and WV to do on EVERY DEFENDANT! With malice? Of Course Texas is doing this with MALICE!!!
**** WHERE THE HELL IS THE COUNTER SUIT FOR ALL OF THE DEFENTANTS? ****
…AGAINST THIS LAW FIRM? >> THE ONLY MALICE THAT CAN BE PROVEN IS FROM THE PLAINTIFF AND HER COUNSEL IN COURT DOCUMENTS I THINK!
VA reputation HAS NOT BEEN severely damaged! She went on air in FL, got caught dealing with selling stuff to Splash on the stand in FL, she went on Greta and told the world she sold Daniel’s pictures for $5,000! HELL! Everyone watching just THOSE TWO THING! VA DAMAMGED HER OWN SELF! She did NOT HAVE TO HAVE HELP at it!
LOL LOL suffer extreme mental anguish, public humiliation, and embarrassment… WHAT??? LOL Due to her OWN ACTIONS ON THE NATIONAL TV?
WHAT A LINE OF BS! I do not know of ANY COURT that would even hear a case of VA trying to get court ordered visitation! A child of a celebrity? No Way! If anything the most to ensure the security of a famous tot… would be if a Court said that VA could travel to visit her — NEVER to have control of her without her dad… NO Way would that be ordered… just like w/ MJ”S kids… Rowe would have to go see them where there is security guards keeping the children safe…
J.C.! Then sue India, and sue TMZ if you do not like what was published!
NONE OF the other defendants stepped over any lines legally… They were not responsible for this allegations you keep saying they did like a conspiracy…
TMZ did not go past anything they do to other limited public figures.
Hell Texas! Tell the TRUTH >>> The ONLY conspiracy is the one you have trying to get HKS out of the way! Now LB! LOL Ca has already deemed her next of kin??? They have no right, ONLY DL is Anna’s next of kin… there you go in those Motions with your idiotic WHISHFUL THINKING of HOW you want it to be!!! LOL good luck with all of that morons! :D of course that is just my opinion…
IF you ever do succeed in those Courts that do not seem to follow the law!!!
LOL Years of Appeals, or every F-ing defendant can file bankruptcy! I bet NONE of them would pay the fees on the crap you have spent on this case! What has Texas spent so far>? 1 million or 2? RIDICULOUS and just PLAIN STUPID! jmho
OMG! I didn’t realize I went that long… sorry.
That Motion upset me a tad. ;)
SOME GREAT OBSERVATIONS:
“1750. …Howard and/or Dr. E liable for manslaughter? Nonsense. All the medications found in Anna’s system were prescribed for strong, definite, legitimate
reasons as part of genuine medical treatment. No one was “supplying drugs” for addiction. Anna unwisely chose to take extra medication to combat anxiety interfering with sleep that last early morning and succumbed because of it. Accidental death is just that.
Posted at 1:27AM on Jul 20th 2009 by Actuality
*****
Great post. JB/Santiago used boiler-plate language (no known medical condition, known addict) to manufacture ‘crimes’ where none existed (beyond the minor use of aliases to protect privacy – something a jury in LA would well understand) then threw in the ‘conspiracy’ nonsense in an attempt to make Health Care Professional law apply to a non-physician.
The fact that JB/Santiago only dealt with the extended TX cabal and their agents for information well explains JB’s inability in post-charges interviews to explain himself to the public. This while a mountain of evidence contradicting JB/Santiago exists already in the public domain and all of it from Professionals as well as eye-witnesses.
It will be fascinating to watch the SB case in Northern Georgia District play out as we await disclosure of the criminal discovery.
Posted at 2:42PM on Jul 20th 2009 by Only swim in the Ocean”
(&)
“Yes, and the spin has reached epic proportions. LOL Every little think is spun into an event of major consequence, every victory dance equals a WIN! :-) As long as McCabe wrote it, that’s good enough for the VA bloggers and shills. When Wood writes a brief it is demeaned automatically by them as ’sure to fail.’
It’s kind of cool, as I said before to sit back and watch the ‘locals’ go bananas and prey on dissenters. Smacks of terrific insecurities with all this blah blah blah and gossip turned on it’s head into so-called truth.
I agree this pathetic blogger case has turned into a veritable three-ring circus and everything O’Quinn has staked his millions on turns on the blogger case. Soon it will be over and the defendants left standing need to ignore this garbage that exists only to distract from the facts. IGNORE!
I think all of us know what is really causing the storm we see among them–and it isn’t about Bonnie or any other blogger. It’s something that will end all this forever and they know it and I have all the patience in the world for the good news about to explode! :-)
This blog will end in three weeks or so–closed by TMZ. Posted at 3:27PM on Jul 20th 2009 by Howard Supporter”
I have a feeling that “good news” is when it is CLEARLY discovered what part TX played w/ Susan Brown, Rita, even Opri along with the SC group!
YEP! That Motion should be ignored! LOL I should have went there 1st before I dared to let those words get to me! Oh well, it is still just my opinion on it all!
New article up. Warning, don’t be eating or drinking anything while reading it!
Ray [36] I totally agree no way in hell the police department would hire her these days or even ten years ago due to lack of education. Apparently, around the time they hired Virgie having an education was not necessary just as it was 20 years or more you did not have to have a high school diploma to join the service.
Roxanna [37] you know how those cesspool rats love to sensationalize and spin shit we know what you said and that is all that matters.
To late Ken.
AJM. We are not responsible for any damage to keyboards, monitors, desks or windows resulting from reading the article.
Roxanne [35 & 37], re: Topix
Topix is no longer a place I either write at or read anymore. Other than the writers who I thought had sweet personalities (“Dink” for one) and the ones who were sharp and articulate (“SheStone” for one), I don’t miss Topix because, overall, there is nothing that comes out of Topix that can be construed as having the slightest significance.
Giving up TMZ cold turkey–and I mean, completely abandoning it–was the best thing I could have done for myself a long time ago. And now that I have totally wiped Topix off my map, I feel like I have a new life.
Try it for a week. Pretend Topix doesn’t exist for just one week, then tell me if you too don’t feel a difference.
LOL Ken
50
Emmett
I don’t read Topix or post there. I have people that feel the need to send me things every once in a while.
Dear Beth——I am at a loss,as to how Virgie can be deemed next of kin,Dannielynn is next of kin,and if she is underage,she can have a attorney represent her.
Emmett,, So right just stay off those sites and it’s a new day…I remember way back when I joined this site Rose would say don’t play in the sandbox. And she was right about that. I think if NO ONE posted on their site from here they would be nothing. I think they get a lot of fuel when we go there and has not help Howard, DL, Larry and all the rest. I think some idea’s from fighting with them has set off a lot of pieces we see in the coming court cases. So lets just band ourselves from there and life will be a charm.