Virgie Arthur, Dannielynn’s New Guardiain for the Purpose of “Marsy’s Law”?
Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Entertainment Tonight, Harvey Levin, High Proflie Trials, Howard K Stern, John Patton, Ken and Rose Turner, Larry Birkhead, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton, Neil McCabe, Rose Turner, TMZ, TMZ.com, Teresa Stephens, Virgie Arthur
In the newest filings in the Texas State Court on July 17, 2009 that Plaintiff Arthur filed a Third Amended Original Petition. The thing I picked up on is that the filing stated that, “That the, [page 7], State of California now is prosecuting HOWARD STERN in connection with obtaining and supplying the drugs that killed Vickie Lynn Marshall, [Anna Nicole Smith]. The State of California officially has notified VIRGIE ARTHUR that she is regarded as the next of kin to the victim in that case.”
That sent me searching via Google to see if this opened the door for a wrongful death suit against Howard K. Stern or the Estate by Arthur. It appears that the statute of limitiation has ran out on that but as of November 2008, it appears that Ms. Arthur is entitled to a lot invovling the criminal proceedings under something called Marsy’s law.
Read what I found below and tell us what you think about this latest development.
Mr. McCabe, Ms. Arthur’s Texas Civil attorney has stated in an email to Rose Speaks.com that, “Marsy’s Law applies, and the California authorities have contacted Mrs. Arthur about it, as I indicated in the latest petition. I will be her legal representative in the matter.
The law does not confer a right to file a lawsuit for wrongful death or any other civil suit. The law does speak of a right to restitution, but I believe that has more to do with giving a victim or next of kin a part of any fines levied as part of a conviction.”
Victims’ Bill of Rights
Marsy’s Law
The California Constitution, Article 1, Section 28, confers certain rights to victims of crime as they are defined in the law. Those rights include:
Victims’ Bill of Rights
Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:
1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.
2. To be reasonably protected from the defendant and persons acting on behalf of the defendant.
3. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.
4. To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.
5. To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.
6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.
7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.
8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.
9. To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.
10. To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.
11. To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.
12. To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.
13. To restitution.
a. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.
b. Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.
c. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
14. To the prompt return of property when no longer needed as evidence.
15. To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.
16. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.
17. To be informed of the rights enumerated in paragraphs (1) through (16).
For more information on Marsy’s Law, visit the Attorney General’s website at: www.ag.ca.gov/victimservices
To obtain information on the Victim Witness Assistance Center nearest to you contact:
Attorney General’s Victim Services Unit
1-877-433-9069
Who is a victim?
Prior to the passage of Proposition 9, “Victim” was defined under the Penal Code “as the person against whom a crime had been committed.” With the passage of Proposition 9, “victim” as used in the California Constitution article I, § 28 is defined as “a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term ‘victim’ also includes the person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated.
The term ‘victim’ does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.” (Cal. Const., art. I, § 28(e).)
How does a victim enforce their rights under Marsy’s Law?
A victim, the retained attorney of a victim, a law representative of the victim or the prosecuting attorney upon request of the victim, may enforce the rights enumerated in subdivision (b) of Section 28 of Article I of the California Constitution in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.
You (or your next of kin) may ask the court for money for losses you suffered because of the crime. This is called restitution and is paid by the defendant. You have the right to be compensated for some crime-related losses, such as personal injury, counseling, lost wages, medical bills, and funeral and burial expenses.
The judge should also order the offender to pay a restitution fine. The fine can be from $200 to $10,000. The money from this fine goes to fund the Victim Compensation Program.
Restitution does not compensate for “pain and suffering” or “emotional distress.” If you want this type of compensation, you must contact a civil lawyer.
We will be exploring this in depth with all of you our readers as this newest twist in all of these apparent overlapping cases as we do with all of these. Stay tuned this promises to be an interesting turn of events.
©Rose Turner
July 20, 2009
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Tags: Adam Braun, Amanda Bush Esq., Anna Nicole Smith, Art Harris, California Marsy's Law, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Diana Marshall Esq., High Profile Trials, Howard K Stern, John J. Nazarian, John J. Nazarian P. I., L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, Virgie Arthur
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Rose you never fail to find the ‘tid bits’, this is very fascinating and one has to wonder if this may not be the future of things to come. Good god, I recall that expression that ‘too many cooks spoil the stew’, LMAO, I believe that is very true, unless ‘it’ happens in Texas. And oh by the way, talk about ’stew’n’. And Rose you are not going to believe this, but ‘the’ shoe, that dang shoe is about to fall………….
And as long as we have that big mouth blabbing away, ah never mind……..I’m looking into some new ’stew’ recipes!
John J. Nazarian, P.I.
So is this her way of keeping Stern away from Dannielynn?
DG. this could be the beginning of LB starting settlement negotiations with VA.
And what happens if charges are proved to be unfounded?
To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law
Does this mean they can prevent the doctors from disclosing the medical reasons Anna was prescribed the perscriptions she was taking?
I do not understand how the state of CA can inform that woman that she is more of next of kin than her father.
DG [6] From what I understand of what rose read to me, because LB refused to cooperate during the investigation, he then waived any rights to anything under that law. They took that as saying “I’m not a victim”
#2 Diamond Girl I am not sure but somewhere in my research I found that if Birkhead DID NOT cooperate in the investigation before charges were filed he is not entitled to any restitution under Marcy’s law…. so this was like a WOW, it explains the newest filing…
Now let’s see if Birkhead files an appeal on Friday’s hearing for his computer and financial records or not… they will say a lot too.
Keeping Dannielynn away from HKS because of this… that is an interesting question and one I don’t have the answer to. I would say we will see a representative of Arthur’s at future hearings, this makes since as to what McCabe said at the April 6 hearing on Bonnie Stern… if this goes to trial I predict we will see VA at court again daily.
My research has just begun any of you that want to research what this means and share it with us I would appreciate that… it is stunning to say the least..
OK I’m gonna take a poke/jab/stab or whatever here and assume Team Texas is thinking Howard will be found criminally guilty in what has already been confirmed as an accidental overdose and be sentence to time in prison. Is this like counting your chickens before the eggs have hatched? Still not understanding how Virgie being appointed “New Guardian for the Purpose of “Marsy’s Law” benefits her.
IMO VA did not give two shits about her daughter or her well-being while she was alive but is taking great interest in whatever money she thinks she can get or she thinks she is entitled to now that she is gone. Hope the estrangement between the two of them is taken into consideration.
John ~~ come on stop teasing us with those shoes that have and will drop, out with it man
Ok here is another question. If CA is using any of the testimony that Birkhead did in the Fl hearing, would that be considered as co-operating? How do we know that he hasn’t co-operated? And if Birkhead didn’t co-operate during the investigation into the death of Anna, How did virgie co-operate since she didn’t even speak to the coroner?
Oh and yeah, this is all about seeing her grandchild.
*insert rolling eyes here*
DG [12] Yeah, it is about seeing her grandchild. The question is, what is the definition of “seeing” and the activities involved in that, per VA wanting to “see” her grandchild.
BTW, if y’all will notice who is over or who to contact about putting in a claim as a “victim” under this law.
Wouldn’t this be an ex post facto law ? It did not come into effect until November of 2008, which is is well after the the so called crime was commited.
No it is not about seeing Dannielynn. It is about punishing Stern for not allowing virgie to touch the child while she slept. This entire thing is about revenge and money. This latest thinghas damaged her reputation even more in my eyes.
Jerry Brown is busy holding his hand out for the Jackson charity money.
Rose ~~ if it was not for messing up my monitor I would draw on that face to the left of my screen, oh so tempting
DG [16] I guess I should’ve put a sarcastic/cynical smilie on there (if there is one) in that post. Yeah, they want to punish HKS, but also keep in mind that DL, in Team TX eye’s, is a money maker. If LB can make money off photo shoots, so can grandma and others around her. “Seeing” her granddaughter is only the first step in getting to that pile of $$ that is being dreamed about.
DG [17] His office is also the one that oversees the victim fund for this law also, I believe. So his hand is out for any money he can get and/or be promised. (don’t forget, he’s a politician with dreams of governorship dancing in his eyes)
JMA [18] ignore the temptation….go have some chocolate instead. Cheaper than replacing the monitor.
What he can gain for his victims fund won’t come close to the 20% of the trust fund of Jacksons money. Do people forget that all that the estate of Smith can get from the Marshall money (if ever) is 88 million? Meanwhile it is a rumor that just the catalog of sony music is supposely worth 2 billion. And the Jackson Family Trust owns half of that?
15. Could the date of arrest have a different influence?
Ken [20] gotcha
I have chocolate covered bananas (frozen) want some?
Forum is locked?
Imo, this Prop 9 development means very little. And has zip to do with any connection between Dannielynn and Virgie Arthur. Where in the heck did that come from? Prop 9 allows the victims of a crime, or their families, to be informed by the courts when things happen. For example, if you, or a family member, were a victim of a crime and the criminal went to jail, prop 9 informs you of a release date, or parole hearing, etc. You also receive restitution for damaged or stolen property, and some services such as counseling. Virgie Arthur did not need to be officially named “next of kin”, that is a bunch of hype and nothing more. It doesn’t mean that Virgie Arthur’s attorney has any rights to any part of the ongoing trial, accept that of being informed of court dates, and possible pleadings. Say that the person charged is being offered a plea deal, Prop 9 says that the victim, or the victims family, has a right to be informed and that they may make objections to the court. It really isn’t anything more than what we see all the time with “victim impact” statements that are given to the court at the time of sentencing. Virgie cannot get restitution for her pain and suffering or any other bs like that. Restitution is for actual damages such as property damage, stolen property, etc. Prop 9 is a good thing, but seeing as Virgie Arthur already has an “inside” with the CA DOJ, I hardly see it as anything other than making a big deal out of nothing.
DG. It shouldn’t be locked. If yer talking about the button on the main site, that button doesn’t go to the new forums, it’s linked to the old forums, which are locked down. (we’re trying to fix it). There is a link in the top message that has a link to the public forums.
DiamondGirl [23] yummy but how about chocolate covered strawberries.
trina [25] that is what I am reading from others over at Topix that it basically means she would be informed of all court proceedings.
IMO, Team Texas filed this in order to feed their power trip.
One stupid poster still insisting Howard is hiding Anna’s money made a remark saying if any of the so-called stolen/hidden money belonging to Anna is found that it would go towards paying Virgie restitution. Sorry but isn’t if there is/was any money hidden, and it belonged to Anna, it would go to her heir DL not the estranged mother or any other family member.
# 25 Trina that makes more sense and probably Dannielynn received the same notice and Anna’s father as well. It is not a 1 horse race Virgie!
Wonder if the officials were helped think Virgie was the main player?
More reason to think Virgie has NOT Dannielynn’s welfare at heart and is trying to steal from a baby.
> Hello John, I do so hope that shoe is ‘big’ and that it exposes TX for their part in this mess!
> Two things:
1) I am saddened that VA ‘s attorney seems to now use this site like he did qv, unless I am mistaken about the statement that McC sent an email for this information to come on in an article…. (after the unnecessary hurt this nut has caused why even deal with him?) Makes me sick, just sick!
2) I am disheartened that for over a year everyone said that qv and havana’s sworn statements were completely false! YET! No one is having them ‘own up to those supposed lies”??? WHY? Are not these two statements the REASON why there is a case? The LIES of an alleged conspiracy?
This article to me does not apply at all, it makes me sad that it is here at all and just ill with the
thought of anyone from here helping that sick firm with their sick agenda.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
http://alexisamoore.blogspot.com/2008/07/support-marsys-law-california-crime.html
“SUMMARY OF MARSY’S LAW
Marsy’s Law will provide enforceable constitutional rights to victims of crime and treat victims with the fairness and respect they deserve.
Crime Victims Bill of Rights:
§ Marsy’s Law will constitutionalize victim’s rights in the California State Constitution. The passage of Marsy’s Law gives California one of the most comprehensive victim’s Bill of Rights in the nation.
§ Marsy’s Law requires law enforcement to provide all victims of crime a Marsy’s Card. Marsy’s Rights Card will inform crime victims of their enforceable constitutional rights.
§ Marsy’s Law promises victims will be treated with fairness and will not be revictimized by a justice system that currently protects the rights of the criminally accused and convicted over the rights of victims.”
> WELL! That SEEMS to make VA NOT ELIGIBLE doesn’t it???
……………WHY? Because this Law is to:
Enforce the victim with the fairness and respect they deserve.
~~ VA got all ‘dolled up’ for a NY book party that TRASHED HER DAUGHTER W/ LIES!
VA stated she LOVED the BOOK! What? TREAT YOUR OWN DECEASED DAUGHTER w/ NO RESPECT??? Then expect people to show it to ANNA? Unfricken Believable!
~~~ ANNA WAS NOT A VICTIM! She was an adult that maneuvered her way with different doctors to get the pain relief she wanted, in her mind needed… JUST LIKE MJ!
THERE WAS NO CRIME OF INTENT TO HARM!
By HKS or the Doctors…
She was NOT a victim period. Therefore this Law will not apply.
It makes me sick the way this tx firm seems to use people and force them to bend to their will.
If I may ask, whose idea was it to put this article up? No disrespect intended, just a whole lot of disappointment…
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
AGAIN, IMO THIS SURELY DOES NOT APPLY IN THIS CASE!
http://realcostofprisons.org/blog/archives/obstacles_to_coming_home/index.html
“Written by crime victims, Proposition 9 – Marsy’s Law provides victims with rights to justice and due process by creating a constitutional Crime Victims’ Bill of Rights, streamlines the parole system, and prevents politicians from releasing dangerous inmates solely to alleviate prison overcrowding, while ensuring resources to keep Californians safe without the state incurring additional costs.”
THERE WAS NO CRIME! No one, not even the doctors wanted ANY HARM to come to Anna, SHE IS NOT A VICTIM, she was a lost soul who made her own poor choices just like thousands of people everyday who take too much prescription medicine and die.
*** THERE WAS NO CRIME, nor WILL ANY CRIME BE PROVEN ***
Great point Grammy, [15]
Even though I do not feel that Anna was ever a victim of ANY crime… this Prop 9 law passed AFTER Anna did and should NOT hold up in Court!
Hell! It took McC over two years to figure out a way that he could be on TV again like the FL burial? LOL Stupid imo, just stupid! I think just another way to harass HKS & LB, and I personally do not think it should be allowed!
I will not post on this thread anymore, with this article & the info that seems was ‘hand picked’ to give to this site…
[...] before, Melissa Anne is a successful model, however her day job is as a Chrysler saleswoman. Virgie Arthur, Dannielynn’s New Guardiain for the Purpose of “Marsy’s Law”? – rosespeaks.com 07/20/2009 In the newest filings in the Texas State Court on July 17, 2009 that [...]
I think we can all see why Anna wanted nothing to do with Virgie. Can you imagine behind the doors of her life with this women. Ann caught on quicky to run and stay away from her. If I was Larry i would take that child and run to a country that has NO JURISDICTION to the U,S, if Virgie got hold of her. That’s just what DL needs is a granny that can’t take care of herself more less a child and a granny that didn’t even watch over Anna as a child. Anna problems came from her childhood and I sure don’t want to see DL sweet life be like Anna’s.
#30 Beth first NONE of us that do NOT live in California knew anything about this statute, thus it was good for discussion IMO to learn for those who do live in California what is going on and why is VA the next of kin and has been sent notice of such.
Now this part. BTW I am not hollering in the caps below I am trying to clarify only between your statements, as a matter of fact Beth I was eager and have been eager this afternoon for you to come on the blog and educate us about Marsy’s Law and how it came about and who is Marsy, cause I just knew you would know that or would find it for us to share… now to answer the different comments you have made.
“I am saddened that VA ‘s attorney seems to now use this site like he did qv, unless I am mistaken about the statement that McC sent an email for this information to come on in an article…. (after the unnecessary hurt this nut has caused why even deal with him?) Makes me sick, just sick!”
NO ATTORNEY FROM ANY SIDE WILL EVER USE THIS SITE AS A PROPAGANDA SITE, I WELCOME A STATEMENT FROM BIRKHEAD’S LAWYERS, HOWARD K. STERN’S LAWYER WHETHER CIVIL OR CRIMINAL, WE GOT AN EMAIL STATING TO CONFIRM THAT WHAT I FEARED I WAS READING WAS IN FACT WHAT WAS BEING REFERRED AS APPLYING THUS MY QUESTION TO MYSELF OF HOW DID THIS FALL THROUGH THE CRACKS OF A POSSIBLE MOTIVE, IMO HKS AND LB SHOULD BE ON THE ALERT AT ALL TIMES.
“2) I am disheartened that for over a year everyone said that qv and havana’s sworn statements were completely false! YET! No one is having them ‘own up to those supposed lies”??? WHY? Are not these two statements the REASON why there is a case? The LIES of an alleged conspiracy?”
THERE IS DISCUSSION BEHIND THE SCENES AND ONCE THE FIRST ADDITION IS MADE IF NOT ANOTHER DEFENDANT I MIGHT HAVE TO FILE A MOTION LATER IN THE WEEK TO COVER SOME LOOPHOLES IN THE CURRENT ORDER FROM THE COURT FOR PRODUCTION AND IF THERE IS NO AGREEMENT FROM ALL OF THE LAWYERS FOR AN AGREED ORDER I WILL DO SO AND A SUPPLEMENTAL MOTION TO ADD QV AND HAVANA WILL COME FROM ME, BUT I HAVE BEEN ASKED TO HOLD OFF ON THAT TO SEE FOR NOW AND NOT BY TEAM TEXAS… A CONTRIBUTORY DEFENDANT THAT HAS CONFESSED TO WHAT THEY HAVE DONE CAN BE ADDED BY ANY DEFENDANT AT ANY TIME AS LONG AS IT IS 60 DAYS BEFORE THE JURY TRIAL, DO YOU REALLY THINK I WOULD LET THEM GET OFF???
“This article to me does not apply at all, it makes me sad that it is here at all and just ill with the
thought of anyone from here helping that sick firm with their sick agenda.”
Do you really think that of me Beth??? That I would allow any agenda here or ever change my position about Stern’s total and complete innocence from the accusation of murder to even facilitating either death of Anna or Daniel or any other crime? … I expect all charges to be dismissed unless i missed something.
I merely saw something new added and a new twist to all of this, and wonder why and how and felt you of anyone here could explain this newest strategy…
Beth [31] though I never knew of this Marsy’s Law until today but are you saying it was passed into law after Anna died? If that is what you are saying then it should not apply in this case. Usually when a bill such as this is passed into law, it is for victims thereafter, right.
Rose I agree we need to look at this new twist as it fits with so many scenarios we have thought over the years…
I also would like to know how come Anna’s daughter got left out of the mix by the california court as she is Anna’s heir and her next of kin..
If Larry was keeping Dannielynns affairs protected how did this get by him??
heath [36] as I said I am only just learning about this Prop 9 law but right away, I questioned as to why nothing was said concerning DL due to being not only Anna’s heir but her child.
Isn’t this no more than was done in California when the will was being probated?
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=95
Page 4, paragraph 14
Well people this is my chemo night but if any of you can find when this new law was past in California was it active immediately, retroactive, did it apply to arrests made after it was past… anything that can help educate all of us…
#38 Lizzie great reminder… I had forgot that, just pulled it and read it again… I don’t think ANY CIVIL suit can be filed by VA… but could this be used in some way to pump up the legal fees?
Rose (#34) Virgie Arthur is NOT next of kin. Dannielynn is. Period. Using CA Prop 9 in this way to somehow elevate Virgie Arthur is deceiving, to say the least. To imply otherwise is either stupid, or intentionally misleading. Take your pick. Well, actually, there is one more possibility. Sensationalism.
http://en.wikipedia.org/wiki/Sensationalism
~sometimes wiki can be your friend too
If the info I am reading Proposition 9 is basically an amended version of Proposition 8 approved in June 1982 and if you take notice to changes made it states “restitution is order from offenders who have been convicted” and as far as I know no one has been conviction for what was said to be an accidental overdose death.
California Proposition 9 (2008)
Expansion of the legal rights of crime victims and restitution
Background
In June 1982, California voters approved Proposition 8, known as the Victims Bill of Rights. Among other changes, the proposition amended the Constitution and various state laws to grant crime victims the right to be notified of, to attend, and to state their views at, sentencing and parole hearings. Other separately enacted laws have created other rights for crime victims, including the opportunity for a victim to obtain a judicial order of protection from harassment by a criminal defendant. Proposition 8 established the right of crime victims to obtain restitution from any person who committed the crime that caused them to suffer a loss. Restitution often involves replacement of stolen or damaged property or reimbursement of costs that the victim incurred as a result of the crime. A court is required under current state law to order full restitution unless it finds compelling and extraordinary reasons not to do so. Sometimes, however, judges do not order restitution. Proposition 8 also established a right to “safe, secure and peaceful” schools for students and staff of primary, elementary, junior high, and senior high schools.
Changes made by this measure
Restitution. This measure requires that, without exception, restitution be ordered from offenders who have been convicted, in every case in which a victim suffers a loss. The measure also requires that any funds collected by a court or law enforcement agencies from a person ordered to pay restitution would go to pay that restitution first, in effect prioritizing those payments over other fines and obligations an offender may legally owe.
http://en.wikipedia.org/wiki/California_Proposition_9_(2008)#Changes_made_by_this_measure
*********************************************************************************************************************
While continuing my research I came across this and take notice in the Restitution section A & B it clearly state “restitution from the persons convicted” nowhere does it say restitution is to be paid by those who have only been charged but have yet to be convicted.
http://www.alcoda.org/files/Marsy.pdf
Hello! Prop 9 is being misused and misunderstood!! It is just more hogwash!! Besides prop 9 has nothing to do with “being held up in a court of law”. What garbage. This newest “twist” means nothing. Except that McC can throw it into the newest rewrite/rendition of VA’s complaint. Let’s discuss the amended (x3) petition that VA recently filed. How McC is using UNPROVEN allegations to promote his clients cause of action! How McC complains that a journalist ( Art Harris) interviewing Anna Nicole’s step-brother somehow equates to a conspiracy to defame. What? Was Celeria duped?? Or was he also a part of the cabal, intent on destroying Virgie Arthur’s enjoyable reputation? And what says that TMZ can’t get TIPS?? Who cares where they came from. It is all good. That is what TMZ does. It is a gossip/rag tag website. And so what if Harris and HStern talked on the friggen phone? Art Harris is a journalist and has the right to investigate to his hearts content. And report anything on his “blog” that he feels is of public interest. Anyone here get the point yet!!! Prop 9 is a good thing for CA. And VA is using it to her advantage which means squat in the real world.
#43 trina, I like all of the points you bring up… other than that one change, which “MIGHT” give VA preference in seating at any trial Which I DO NOT believe will ever happen, and some camera time? Maybe perhaps??
Who is Marcy and what happened to that person that this is named after them?
So trina are you reading this new amended petition adding anything that the 2nd Amended one did other than this? Is there something else that should have caught my eye I missed… I “think” the Art Harris talking to HKS was in the 2nd one, and TMZ has been in every one of them and in the last 2 the allegation that the email from Bonnie to me some how proved that LB did this with TMZ… if he has Harvey Levin’s personal phone number so what…. to me much more important was who paid whom for the methadone picture that was sold to TMZ right after the break in….
So trina you think this 3 Amended Petition is just a smoke screen???
It looks as though Proposition 9 became effective on November 5, 2008 and still by reading this it clearly states on Pg.9 (A) all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from persons “convicted” of the crimes and (B) Restitution shall be ordered from the “convicted” wrongdoer. It also mentions [if I am reading it right] Restitution modifications are ordered after “sentencing”
http://www.sccgov.org/SCC/docs/District%20Attorney,%20Office%20of%20the%20(DEP)/attachments/Marsy%27s%20Law%20Task%20Force%20Report.pdf
I guess tomorrow I will search some more due to I am curious now about this law.
All they want is the money she do not care about DL I feel sorry for HS they try to destroy him and it sad that JB helping them to destroy him more they will never win people will see what they all about and what they after not the the love for Anna or D L but the money .God will make HS wrong write and will protect him.
http://www.ccpoa.org/news/?p=800
This is who Marcy is, ok I have to go to bed before the bad side effects set in tonight…
Hope we have some more intelligent dialogue tomorrow.
Rose ~~ Marsy’s Law is in the name of Marsalee Nichols a 21 year old Senior at the University of California who was killed by her ex-boyfriend in November 1983.
i want to say right
This is the brother of Marsalee Nicholas and primary funder of a “Victim’s Bill of Rights” ballot initiative, Proposition 9, which was passed by California voters in November, 2008. I pulled some of the info from article.
Henry T. Nicholas III
From Wikipedia, the free encyclopedia
Henry Thompson “Nick” Nicholas III (b.1959), is an American communications technology entrepreneur and businessman.[1] He co-founded Broadcom Corporation, a leading maker of integrated circuits for broadband communications. He was its President and Chief Executive officer from its inception in 1991 until January, 2003.[2]
Nicholas was the primary funder of a “Victim’s Bill of Rights” ballot initiative, Proposition 9, which was passed by California voters in November, 2008. [3]
Criminal justice and politics
In 1983, while he was in graduate school, Nicholas’ sister, Marsalee (“Marsy”) was brutally murdered.[15] Since then, he has been an advocate for the rights of surviving victims in criminal justice. [14] Nicholas was the primary funder of a “Victim’s Bill of Rights” ballot initiative, Proposition 9, which was passed by California voters in November, 2008. [16] It was named “Marsy’s Law” (sometimes misspelled “Marcy’s Law”) [17] after his sister. It guarantees victims and their significant others, rights to safety, privacy, restitution, and to participate in specific court proceedings against the accused. [18]
http://en.wikipedia.org/wiki/Henry_T._Nicholas_III
OK now I am out night all.
http://en.wikipedia.org/wiki/Henry_T._Nicholas_III
1983, while he was in graduate school, Nicholas’ sister, Marsalee (“Marsy”) was brutally murdered.[15] Since then, he has been an advocate for the rights of surviving victims in criminal justice. [14] Nicholas was the primary funder of a “Victim’s Bill of Rights” ballot initiative, Proposition 9, which was passed by California voters in November, 2008. [16] It was named “Marsy’s Law” (sometimes misspelled “Marcy’s Law”) [17] after his sister. It guarantees victims and their significant others, rights to safety, privacy, restitution, and to participate in specific court proceedings against the accused. [18]
In opposition, the UC Davis School of Law’s Civil Rights Clinic and Federal Public Defender filed an action in federal court to challenge the fifteen-year denial of parole, which is an element of Proposition 9, on the grounds that it violated the Constitution of the United States. [19] The element disallowing alleged parole violators from having an attorney present at the hearing was also questioned on constitutional grounds. [20]
In April 2009, Nicholas called for a national campaign to have victims’ rights added to the US constitution in an amendment. [18]
Nicholas also backed a “tough on crime” ballot measure, Proposition 6, which was defeated. [21]
Nicholas also was instrumental in defeating an effort to roll back California’s “Three Strikes” law. [22] In 2004, California voters were considering Proposition 66, which would have weakened the Three Strikes Law. Ten days before the election, polls indicated it was going to pass by as much as 75% of the vote. Nicholas became involved, supporting a bipartisan coalition of elected officials including past California governors, celebrities and grass roots organizations, and personally speaking in television and radio spots, recounting the tragedy in his own family. Helped by television announcements from the governor Arnold Schwarzenegger, stating that the proposition was “nothing but a loophole for violent criminals”, [23] the ballot measure narrowly lost. [24][25]
Nicholas has assisted his parents in expanding Justice for “Homicide Victims, Inc.”, a non-profit organization that supports the surviving victims of homicide. [26] He was the 2005 recipient of the Ronald Reagan Award for Pioneering Achievement in Criminal Justice, and has been honored frequently by law enforcement organizations for his work supporting victims’ rights.
Exactly! “Marsy’s Law” was intended for VICTIMS of violent crime. It is a good thing (!) that is being perverted by TX. Or maybe WE are perverting it by giving TX a voice!? RIP in Marsalee Nicholas. Your legacy is that VICTIMS of violent crimes have a VOICE when it comes to the adjudication of the of those that CHOSE to commit violent crimes.
~skip the “of the”
O/T, Today I was on the news I saw myself on the news and the channel 2 CBS news van was sitting in front of my house, not allowed to pass because the hills and foothills behind my house was on fire, I had no clue, about 5:00 p.m. today my husband was on his way home from work and that is only a 20 min drive freeway time. He said look outside and the hills that are right out our back door was on fire, I thought he was full of shit, but I did smell smoke and I have my GS with me so without pause I got my GS out of the house and looked and yes the hill was on fire and I was worried but we have seen that burn before and it is low lying brush and not like forest trees burning, and I have seen it burn like three times in the last five years and never seen the water dropping helicopters, well they came today and so did the news copters and Ktla copters were hovering over the house, and I still have not seen the news as of yet or even if it did make the news, but I have all the news channels dvr’ed (sp), and all the neighbors young and old are shaken up, , I knew it was serious when the neighbor who I know is a Hell’s Angel and welder was calling all troops to move the bikes and the cops were blocking and checking Id’s at ever street and intersection because there was so many people stopping and looking, and when my neighbor said Take everything to Angel’s Road House, My husband was stopped twice just coming home and had to show ID that he lived in that neighborhood.Crazy day today, and when I know more I will share.
Makes sense to have some compensation if a member of your family, is a victim of a violent crime. And to know their whereabouts, if they are up for parole or going to be released. As far as Virgie, so she/or McC requested to be involved in aspects of the proceedings? As someone else stated, any concerned family member, such as Anna’s Dad could do the same. Even if he was estranged, he is also next of kin. Didn’t he file something or request something awhile back?
Also I just want to say we are not bikers, and last night we were sitting outside and saw all this lightening and thought and said that this is fire season and we live in fire prone area. so be prepared. and little did we know, it would happen the next day,
Liann. It’s good news that you and your family are okay. I hope the fire didn’t get close enough to do damage to your home.
“didn’t get” should be “doesn’t get”
trying to post before coffee *chuckles*
Liann [55 & 57] Wow that sounds really scary, stay safe.
Well it seems,Virgie and McCabe all but have Howard convicted.and looking for compensation.Well Jerry Brown will also have to charge,any one of the security guards all Michaels Jackson friends and whoever else put there name on any of Michaels meds bottles.Howard has not be convicted of any crime,Inquest was not quilty,Florida not guilty.and with the charges in CAL,if Howard has pemission by Dr E to give Anna meds,that takes care of that.Also how in hell did Vergie get a Cal court to say she is next of Kin,she is not.I do not care what Larry did or did not do,Dannielynn is next of kin.
Bewildered [56] you are right it makes sense to have this law in effect for those who lost a loved one due to a violent crime but IMO, Virgie Arthur does not qualify due to she does not meet any of the criteria and also due to Anna’s death was ruled as an accidental overdose. As far as Anna’s father, I remember reading a while back that he was going to try to file a wrongful death suit, but I think the statute of limitations has passed.
Beverly, rose said to tell you that she forgot to send you the filings from the 17th but they are on their way now. (she has just sat down with 1st cup of coffee)
#50 and #52, Thanks for the history of the bill and who it was named after…. now the reason it was designed makes perfect sense… it also makes sense that in these ongoing sagas of cases it would be used by VA…. perhaps if this goes to trial in California, and I still think it will be dismissed before it reaches that stage… but if it goes to trial I guess it guarantees VA a good seat in Court, but little else…
Thanks again for the history lesson on the origin of the law and why and what about it… debunking is always good for the gray matter in my head…
Liann – Glad you and your family are okay. Please don’t take any chances. Take care of yourself.
Rose [64] though I am not legal smart but do consider myself as to having common sense and with all that I have read so far concerning Marsy’s Law I have yet to see where Virgie is entitled to anything other than like you said she will be able to be present during the trial should it go forward. Therefore, this is why I made the comment yesterday in reference to Team Texas counting their chickens before the eggs even hatch. Team Texas has Howard already convicted before the case has even went before the court.
I read in one of the many articles that up to 10,000 can be restitution for medical bills of the family. But I am sure this is meant for actual medical treatments not make overs or liposuction. IYKWIM
The medical bills have to be related to the crime.
OK still trying to see how it is team Texas thinks Virgie Arthur has any rights under the Marsy’s Law and after reading it for the umpteen times I still don’t see it.
This here looks similar to the same rights someone has when filing a Wrongful Death Suit and again none of it applies to Virgie due to she lost nothing meaning she was not left responsible for Anna’s burial, medical, etc.
************************************************************************
How Does A Victim Enforce Their Rights Under Marsy’s Law?
You (or your next of kin) may ask the court for money for losses you suffered because of the crime. This is called restitution and is paid by the defendant. You have the right to be compensated for some crime-related losses, such as personal injury, counseling, lost wages, medical bills, and funeral and burial expenses.
trina [68] well IMO that makeover of hers was somewhat criminal [meaning no improvement] think maybe she can get restitution for that
I have written my thoughts of Walter Cronkite and what he taught me and what my family thought during the turbulent 60’s and 70’s, maybe some of you near my age will remember feeling the emotions I felt because of Cronkite.
Tell me if I am wrong, but hasn’t it been said that Virgie had a anysum or something like that, for that is why she cannot remember to much. So are they going to blame that on Howard also, to get money from this Marsy’s Law?
I knew something was up for they did not contest the will or Howard being made executor. We all wondered why she did not fight in California for custody of Dannielyn, now we all know the reason. They pushing with their lies to get Howard into that court anyway they could. Now they have done that, and now this.
Excuse my spelling. But I know you all get what I am saying.
Does anyone know what this means New papers
Certification of Transfer 7/20/09
http://www.angelfire.com/teamtexas-virgie/CertofTransFL.pdf
AJM, it just means the Administrative judge reassigned the magistrates that work for the federal judges. Sorry, we’ve had it since the 7th but forgot to code it in. It stays under the same judge but just the magistrate has been reassigned. It’s been done before in this (the Florida) case, bout a year ago.
AJM [72] smacking fingers
just kidding I knew what you were saying.
Yeah according to McCabe Virgie has some issues going on that cause her not to remember certain things and he tried to use it in one of his filings. Not sure if he said, it was an Aneurysm though I may have been the claim from VA supporters. Also not sure as to when VA’s started having supposed health issues either.
Thank you very much Ken
correction s/b “It” may have been not “I”
AJM, now you can smack mine :-(
What is the job of the magistrate, if you don;t mind me asking
Nothing to be sorry about Ken, you guys do so much
Never JMA
Hey JMA you have mail
July 7, 2009 a housekeeping Order changing Magistrates reporting to the judge that oversees the terms of settlement in the Stern vs. O’Quinn lawsuit the Administrative judge did the reassignments of several courts and in fact in this case we have seen this happen once before about 18 months ago.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2226
AJM, It depends on which Federal judge they report to. Their jobs could be varied. They don’t hear jury trials nor pass sentence in criminal trials. Some judges don’t use them (such as Judge Chin) while other do.
Lucky ~~ saw your comment with the honorable mentioned of me :blushing: ah shucks.
Thank you Ken
AJM [80] sent you a reply.
You know,there is another thing I am growing tired of.Anna,just like Michael took drugs for pain,some real,some imaginary,no matter what purpose.it was Anna,s problem,just like it was Michael,s problem.and there comes a time when you have to stop blaming everyone but the person themselfs.They both would have found a way to get what they wanted,This using other people,s name on the bottle of meds has been going on years and years,and for years while Jerry Brown was in office THAT TO THE STUPID PEOPLE AT TOPIX,is what Howard Attorney meant when he said Jerry Brown was the (enabler)Also MY OPINION—-THE POLICE DEPARTMENT ,that investagated Michael,Neverland,where massive drugs where found and did nothing also ENABLED.How come all the years of Brown being in office this went on?cannot count the number of people,Michael,used for different names FOR YEARS ,WHILE BROWN WAS IN OFFICE,
PS—To my above statement,If it took 2 years of investigation,for the DEA and Brown to come up with these charges,WHY IS MICHAEL DEAD?years ago,they could have helped BUT IGNORED,the drugs found at Neverland,to me MY opinion,(shit poor job) for the Dea and Brown office,it let all this go on while he was in office.Howard was not the first to have his name on a med bottle,I WOULD SAY ABOUT THE TRILLION.,WHILE jERRY BROWN SAT IN HIS OFFICE.
Beverly [87] I wondered the same thing concerning the multiple medications that were found during the raid at Neverland. Just think Michael’s death could have been prevented had they investigated all those medications.
Anyone by chance read that posters [McC S] comment over at Topix wondering whether Jerry Brown/California plans to charge Larry with conspiracy. IMO if JB did/could he better be charging several others as well. Let’s not forget the Shelley’s & Payne from April to June 2006 feed Anna multiple scripts during her pregnancy. JB may also wanna look into that rumor about G. Ben Thompson’s name being on a prescription intend for Anna too.
Idiot over at Topix using my moniker, news flash JMA does not use or have AOL!!
JMA—They also made up a stolen comment for me,But,you know,no one reads that site except for the fools that write on it,I do for a Laugh,They think they are so (smart ass) They sound like a bunch of PRE-SCHOOL CHILDREN,and believe me,there stupidity wears thin.As long as they are happy,let them enjoy themselfs.What makes me laugh even more is Vergie thinking she is a victim.poor Anna,had her abuse,and again Vergie on the PITTY POT,Any mother ,that cannot face the fact,she was abusive,I hope it will all come out,and trust me,there will be no money for PITTY POT VERGIE.
Bev ~~ yep as funny as reading the Sunday morning comics I always say. Thing is some of those VA supporters use our names/monikers to slam others and their own and then they all band together claiming screen shots are taken and liable lawsuits and being filed. I want it on the record one I do not post over there, two when I posted there my location showed, and I never used my JMA moniker.
I saw this over on TMZ the other day something someone copied and pasted from WV but they made it seem more than it is and I think Rose is right we all needed to know this as when I first read it I thought she could get custody but after reading this it has nothing to do with Dannielynn it is McShames way of trying to make people think VA got something when she actually got nothing at least not yet and I hope never,To bad Howard’s Parents can’t charge VA with the crime of harassment.I wonder why all the Pro se people can’t go after McShame for Harassment because that is what He has done
JMA LET THEM DO WHAT THEY SAY IN THE END YOU WOULD BE VINDICATED ANYWAY AND THEY WOULD HAVE ATTORNEYS FEES TO BOOT harassment PURE AND SIMPLE
http://ag.ca.gov/victimservices/marsys_law.php
http://www.friendsofmarsyslaw.org/yes-vote-on-prop-9.htm
Just a couple of links to Marcy’s law and I think it next of kin just for this law so they can see what is going on and from reading the law is the victim VA or ANS.If it is ANS it seems to me it would stop the defense from putting out what Anna was being treated for,which I am sure McShame does not want and if it is for VA it stops the defense from showing what kind of mother she was not.,They would not be able to show how she did nothing to help her daughter or the way she helped with the lies in this case,trying to get LB to sign over rights to her ,trying to get the SC people in the middle of this suit,.I hope the good people of California don’t get taken in by this cabal of attorneys from Texas,Seems to me they just bided their time to file this and IMO it was what they were after when stolen material was sent to JB.JUst what did VA have to do with those stolen materal being sent to JB?
hmm [93] what I am saying is, if I’m gonna go down for something it will be for whatever I myself said or done not for what someone who is pretending to be me is saying or doing. For some of us they will use our names/monikers to play childish games but for others like Lucky for instance the VA supporters who have AOL just as she does use her moniker and post nasty comments against their own and then turn around and point the finger at her.
Don’t get me wrong there are people [very few] over there who really want to discuss these case and do so in a mature manner but here lately it seems the majority just to wreak havoc on those who do not support their hero’s O’Quinn, McCabe and Virgie Arthur.
As I said if I am going to go down for something, it would be because I did/said it not because of someone pretending to be me.
I think they all have a hand in RC’s book because every time she is losing something will happen to HS or something good for VA .I hope JB will have the same future like the DA for the Duk Unive .
Did anyone watch Showbiz Tonight? Well, they were debunking Joe Jackon’s interview with Larry King last night. They said that MJ talked about his beating and mis treatment from his father and they said when a celebity tells a story about their pass it is most always the truth. Well, I find it funny that when Anna spoke the truth about Virgie the TX croup want to say she was lieing and on drugs at the time. I don’t think Anna was on drugs I think she was hurt to the core after Daniel died and she had to speak the truth about her mother. Virgie had pushed Anna to the brink and she wasn’t going to let this one be ignored. Anna was a very private person about her day’s in TX with Virgie and I’m sure she didn’t want the world to know about her pain. I believe Anna was more then embarrased to have the world know her life in those days. But Anna did what she had to do, to debunk Virgie’s world wide media show. Now Virgie is still trying to distroy anyone or anything that gets in her way or her main agenda MONEY….Rose, evertime I see her picture on your web site of Virgie a cold chill goes down my back….
Oh yes another thing they talk about how MJ left his father NOTHING IN THE WILL. Which they said that tell’s you a lot about how MJ felt about his father. But Anna didn’t leave Virgie anything either. That tells me a lot also… She didn’t want anything to do with Virgie. I look at Anna life and MJ and how close in some ways they were.
To me there is a world of difference between Jackson and Smith in their deaths. One connection is that they both died too young. Yes took prescription medicines and abused them and IF the stories are true, Jackson had enablers around him also. But I do think in Jacksons case, there is a doctor who is directly resposible for his death. If this doctor inserted an IV line and started a drug into his vein, then at the very least this doctor committed manslaughter. Smith’s death was due to her swallowing CH all on her own. Big damn difference.
Jacksons death means more money to charties in CA. Brown is going to be busy looking like he gives two shits about Smith’s death now that he can focus on a money maker for him.
GOOD MORNING ALL.—Last evening I had to go to the drug store.and stopped to talk to the pharmacist,he explained to me,even through they know me,and this goes for everyone,every time there is a prescrip for a narcotic,especially certain ones,the doctor is called.to verify,the name and drug.The pharmacist has a great responsibilty.If the prescrip were not filled the pt could not get them.Jerry Brown(if he cared at all) would go after the pharmacist,Howard did not put his name on the bottle,the Pharmacist DID.There is your felon.
Ray [97] I caught some of Joe Jackson’s interview with LKL yesterday and of course he is denying ever beating Michael. Joe says “beating” goes back to the days of slavery and said he never beat Michael. Joe cleans it up a little by saying yes he “spanked” Michael and goes on to say, if any parent says they never spanked their child they are lying. So I guess old Joe Jackson would say my children are lying when they say I never spanked them. What Mr. Jackson is forgetting is Michael was not his only child who went public about the abuse they endured as children at the hands of Joe Jackson his sisters Janet & La Toya went public as well. Matter of fact I think La Toya even wrote a book and mentions being abused by Joe as a child.
#98 I agree by both Anna & Michael leaving certain relatives out of their Wills says a lot.
Speaking of Joe Jackson has anyone else notice how he has made himself available to the media since the death of his son but the rest of the family is sorta hush-hush. Well besides that outlandish story, La Toya put out in the London tabloids.
Also Joe like Virgie feel comfortable denying publicly abusing/beating [whatever you wanna call it] their children because their children are not here to call them out as liars. Oh how they forget though both Anna & Michael went public about the abuse and like I said Michael has two siblings that can also speak on his behalf.
Oops should have provided link in reference to the tidbit [#5] concerning Marsy’s Law
http://orangecountyda.com/docs/104634622009marsy_s_law.pdf
My comment #103 was in reference to my post in the other thread.
JMA—-Did you see the look on Michael,s face ,when he was talking about his mother trying to stop Joe.Vergie is saying.Anna was on drugs she did not know what she was talking about.If you notice,the two saints will take no responsibilty.Whatever did Vergie use for a excuse before Howard,Anna was a mess,drunk and doing drugs all those years before Howard,,Vergie RIPPED at her daughter all the time,I want the people in Texas, to know Vergie DID NOTHING TO HELP HER DAUGHTER NOTHING.
Beverly [105] yes I do remember seeing the look on Michael’s face during the interview “Living with Michael Jackson” Michael got very emotional while talking about the beatings from his father Joe Jackson and he went on to say how Joe would give beatings with whatever he could get his hands on. Michael even mentions being thrown up against walls.
Michael even told the journalist Martin Bashir how he feared his father due to the abuse and that is why he said he would never lay a hand on his own children.
IMO regardless who Virgie sent Anna off to live with at the age of either 14 or 15 as a mother Virgie abandoned her own child and that alone is enough to leave an emotional scare.
Raid at Jackson’s doctor Houston office today. However the doctor is in Las Vegas. Me thinks his ass is in a slam.
DiamondGirl [107] IMO if they go after this doctor they are going to have to go after all that had any connection with Michael Jackson. Wasn’t it said during investigation Michael had somewhere around a dozen different doctors? Hope no other celebrity shared the same doctors as Michael cause that could possibly open a completely new assortment of problems, this just me thinking aloud and just my opinion of course.
What they might charge Murry for is manslaughter or even possibly muder 2. This case is not like the smith saga at all. It wasn’t Jackson popping pills, drinking ch and dying of an accidental overdose IF THE RUMORS ARE TO BE BELIEVED. This doctor inserted an IV line and dripped the drug into his system. Now if you want to talk enablers to Jackson’s addiction then that is a different story.
July 22, 2009 Virgie Arthur’s Response to Teresa Stephens Multiple Motions to Cancel Stephens Motions and for a Capias Order for the arrest of Stephens in Tarrant County or any other county in Texas and to be transported back to Harris County at the expense of Arthur..
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2227
New article up on MJ and new papers up where VA filed to have TS arrested
DiamondGirl [109] I agree Anna and Michael’s deaths and or cases are not alike. Anna’s was a result of taking prescription which can be legally obtained where as Michael’s is looking as though it the result of something that is not given to anyone unless in a hospital and having a surgery or dental office.
I will be the first to admit that I am not an expert on all of the laws of our country. I do have some knowledge of our legal system. I have to say that I have learned a lot about our laws and our legal system by reading the various legal documents posted on this site. I want toI thank the site owners/moderators who post the legal court actions that are a matter of public record. They save me a lot of time, keep me updated on the latest filings. They do the work for me. I can read. I have enough intelligence and common to comprehend what I read. I base my opinions on facts that are a matter of public record or what I have seen and heard with my own ears and eyes. I am mentally capable of reaching my own conclusion regarding those facts. My opinions are not based on the speculations of other people.
I thought that in this site’s coverage of all things related to Anna Nicole that one of it’s purposes was to inform/proviide the actual public records (facts) of any and all legal actions regarding the various court cases/legal actions linked to Anna Nicole Simith to it’s readers so that they could have access to the facts not speculation. For the readers of this site to be able to take these facts and reach their own opinions of the vaarious events of the legal cases and then have the option to discuss and give their opinions of what they have read.
I want to I thank the site owners and or moderators who post the legal court action papers that are a matter of public record. They save me a lot of time, keep me updated on the latest filings and do the work for me.
I will apologize ahead of time for the length of this post but I feel like these are important questions that need to be asked, answered and be open for discussion and comments. Perhaps, someone else may have know where there are facts, laws and or legal precedents that answer these questions.
How can a person be charged much less convicted of a crime in one state for a death that was ruled an accidental drug overdose by the state that the death took place in? How can the state that the death “did not” take place in charge anyone with contributing to such death when the state in which the death occurred ruled that there was no evidence to bring criminal charges against anyone?
How can a person’s death be determined to be a violent death in one state when a person was ruled by the state in which the person died that the person died peacefully in their sleep of an accidental drug overdose?
How can a biological mother claim to be a victim and expect monetary compensation for her daughter’s violent death when her daughter’s death which was ruled as an accidental drug overdose,
the biological Mother who had no relationship with her daughter for 10-12 yrs prior to the daughter’s death, admitted under oath in court to profitting monetarily and otherwise regarding her daughter’s death, on national tv openly endorsed a book that drug her dead dauther’s name through the mud, attended a party hosted by the author of the same book, and posed for pictures with the book’s author and others that attended the party that were pubicly published in the national media?
How could a biological Grandfather who admitted on national tv that he hadn’t had a relationship with his dead daughter. Who also said on national tv that he hadn’t seen or had any contact with his
daughter in years possibly claim to be a victim of his daughter’s death that was ruled as an accidental drug overdose?
Doesn’t a child’s rights overule anyone’s else’s as the next of kin?
If the child’s parent had died of a violent death and not died peacefully in her sleep which was ruled as an accidental drug overdose and there were no criminal charges filed against anyone in the state in which the death occurred be the one and only victim in the death of her Mother?
If the child’s mother didn’t die peacefully in her sleep and instead died a violent death wouldn’t the person who was in the same room with her and suppose to be watching/taking care of her have noticed when she died?
How can anyone possibly get custody of a child from their only living biological parent when that parent has had custody of a child from the time that the child was a few months old until the child is almost 3 yrs old, the only living biological and custodial parent has been made the child’s legal guardinan by a court order and there is no evidence that the parent who has custody of the child is not providing a loving, safe and healthy environment for the child to live in?
How can a biological Grandmother expect to get custody from the child’s only living biological parent who has had custody of the child from the time the child was a few months old until within 2 months of the child’s 3rd birthday when the biological Grandmother has had absolutely no relationship with the child?
How can a grandmother who has admitted on national tv and in court under oath after her
daughter’s death that she did not have a relationship with her own daughter for 10-12 years prior to her daughter’s death possibly have a snowball’s chance in H_ LL of getting any type of custody of her Grandaughter?
How can a Grandmother in their 60’s whose own lawyer has stated in papers that “he” filed with the court that his client has a medical/mental condition that effects her memory and her ability to understand and make decisions regarding her own court cases expect to have any financial control or say in her minor Grandaughter’s financial holdings or any that theGradaughter may receive in the future while she is still a minor child?
How can a biological mother claim to be a victim and expect monetary compensation for her daughter’s violent death when her daughter’s death which was ruled as an accidental drug overdose,
the biological Mother who had no relationship with her daughter for 10-12 yrs prior to the daughter’s death, admitted under oath in court to profitting monetarily and otherwise regarding her daughter’s death, on national tv openly endorsed a book that drug her dead dauther’s name through the mud, attended a party hosted by the author of the same book, and posed for pictures with the book’s author and others that attended the party that were pubicly published in the national media?
How could a biological Grandfather who admitted on national tv that he hadn’t had a relationship with his dead daughter. Who also said on national tv that he hadn’t seen or had any contact with his
daughter in years possibly claim to be a victim of his daughter’s death that was ruled as an accidental drug overdose?
Doesn’t a child’s rights overule anyone’s else’s as next of kin?
If the child’s parent had died of a violent death and not died peacefully in her sleep that was ruled as
an accidental drug overdose and there were no criminal charges filed against anyone in the state in which the death occurred be the one and only victim in the death of her Mother?
Thank you for sharing this. You have a nice blog.