John O’Quinn’s Black box gives Police Reason to Believe O’Quinn’s Suburban Hit Tree at 76 MPH
Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Debunking the myths on ALL cases related to Anna Nicole, Harvey Levin, High Proflie Trials, Howard K Stern, John O'Quinn, Larry Birkhead, Neil McCabe, TMZ, TMZ.com, The John O'Quinn Law Firm, The O'Quinn Law Firm, Virgie Arthur
The Houston Chronicle tonight shared a bit of what happened and the conditions on October 29 in the fatal wreck that killed both John M. O’Quinn and his assistant Johnny Lee Cutliff.
In part the police said that the black box of O’Quinn’s Suburban has given them more information of what happened right before the wreck, in the few sections of the black box information; that O’Quinn left the road airborne at 79 MPH, never applied his breaks and was going 76 MPH when he impaled the Suburban on a large tree; with the added condition of rain slick streets.
Police also released the toxicology report saying that neither John O’Quinn nor Johnny Lee Cutliff had been drinking nor did either man have any illicit drugs in their system.
I continued to be shocked in the realization that no matter how rich you are, no matter how powerful you are, you can still die in a instant like O’Quinn and Cutliff.
I am sure the police will release additional records after looking at the black box in greater detail. The street O’Quinn was traveling during Houston Texas morning rush hour traffic had a speed limit of 40 MPH.
Remember as the holidays come closer to please drive safe; watch the road condition and even the other cars around you. Any of us could be gone just as fast as O’Quinn and Cutliff. Whether you loved or hated John O’Quinn the man bigger than life will be missed for a very long time by those close to him and those who worked with him. It still feels surreal doesn’t it?
LATEST FILINGS IN HARRIS COUNTY TEXAS
November 24, 2009 Virgie Arthur’s Designation of two expert witnesses with the Resume of the newest one added.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2679.
©Rose Turner
November 24, 2009
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Tags: Anna Nicole Smith, blac box back in John O'Quinn wreck, Harvey Levin, High Profile Trials, Houston Police Department, Houston Texas, Howard K Stern, John M. O'Quinn, John O'Quinn, John O'Quinn toxicology report, Johnny Lee Cutliff, Neil McCabe, The O'Quinn Law Firm, TMZ.com, Virgie Arthur
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Yes, surreal and so sad for both of their families, loved ones and friends. It also reminds us to get our priorities straight. Rushing to get papers and make an appointment wasn’t worth their lives or the heartbreak everyone who cared for them is going through.
Rose, do you know if they did an autopsy, I’ve missed it if they have. I’m still wondering if OQ had a medical emergency of some kind and was unable to brake. How frightening it must have been for Mr. Cutliff not being able to help control the SUV.
DesertWalker yes they did an autopsy on both men and so far all they have released other than both were killed with massive multiple blunt force trauma is the toxicology report yesterday afternoon… It is amazing that O’Quinn crossed 2 meridians before hitting the tree right before the service road… this could have been a major wreck with multiple cars at that speed…
The Lord works in mysterious ways. I hadn’t realized the setup was that crucial. Thanks for letting me get away with being lazy and not researching about the autopsy. Hope you’re feeling better. Have a Happy Thanksgiving if I don’t get a chance to wish you and Ken one later.
(Rose-not sure where to post this…one a previous blog that’s more topical or just on the latest. Please feel free to move it.)
Regarding timing of the remaining cases by OSITO over at TMZ:
I think there are two many opposing forces for any one person to affect (significantly) the scheduling in LA.
Criminal Courts are choking with cases, many on a constitutionally guaranteed fast track. In the case of HKS/K/E, there is no special hurry since the defendants demanded a preliminary hearing. The prosecution is now scouring two countries looking for someone to testify (legitimately) to their fantasy allegations after having had their own live witnesses refute the key elements of the charges. Moreover, the prosecution’s ‘insiders’ and ‘sources’ failed to show up and bail out their author (Cosby) in her time of need (recanted, hid out, called her a liar and fabricator in fact); no one but the ‘media-whore fairies and elves’ to support the narrative of the criminal charges now.
So, if the prosecution thinks it is time to strike, it will. Minor delays due to lawyer scheduling conflicts and the coordination of live witnesses can play a role but the criminal Court’s own need to find a Judge and a Court room in an orderly fashion trumps all. Renee Rose clearly is foaming to present a sick and twisted tabloid case despite what the facts and common sense would direct. Any one willing to waste taxpayers’ dollars on her shameful act during the prelim is not likely to consider requests from defendants regarding scheduling. The prosecutor must be aware by now that her preposterous tabloid view of HKS/K/E was not able to be defended by the very people who made it up; Opri, VA (Federal Court), O’Q and Cosby all folded just before it was time to take the oath and sit in the witness box.
The SC case in Federal Court is under tight guidelines. Magistrate Rogers has indicated discovery will end by 1-29-10. He has also ordered parties not to start throwing paperwork his way regarding discovery issues unless the parties have tried to work it out among themselves and they have his permission after a telephone conference beforehand. SB for instance was denied within minutes of filing her Motion for a Stay of her depo made to the SC Court. Rogers also ordered mediation to be completed by 3-4-10 by which time pretrial disclosures must also be in. Judging those Court deadlines by HKS/Wood’s successful record of accomplishment, the SC case will likely settle before the criminal trial is likely to begin.
Posted at 2:10PM on Nov 23rd 2009 by Only swim in the Ocean
Witnesses did say O’Quinn sped past them but my goodness 79 in a 40.
November 24, 2009 Virgie Arthur’s Designation of two expert witnesses with the Resume of the newest one added.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2679
Rose re the new documents.
why do they need a new expert to interperet their own expert??
Why has it taken so long for a medical report on Virgie.. please don’t tell me they are trying to hang the health problems of an elderly over weight woman on Howard……..
Also re the motor vehicle accident…no braking before collision. Was he having a heart attack or something prior to collision??
I think they want to prove that VA has behavorial problems related to her brain. Everything is HKS’ fault.
[9] That cannot be… IMO anyway.
HKS NEVER wrote about her actions like TMZ, or AH.
HKS never conspired to get VA, as she was NEVER a threat after the Order for ANS to be buried in the Bahamas w/ DWS.
Never a threat to EVER get any custody rights of Anna’s daughter…
Smoke and Mirrors from TX > that is all.
The Judical Court system does not work that way anymore… where you pay thousands to an expert to say what you want them to say.
There are too many documented cases of VA SEEKING $ off of her ESTRANGED grandson and then her daughter.
Those well documented PUBLIC FACTS wash any so called expert they pay.
* Do not think the higher Courts will let this ‘frame job’, oh excuse me… ‘civil case’ get that far to where paid experts will be heard.
The ‘dolled-up’ pic of her at RC’s book party in NY SPEAKS VOLUMES to the Court and to the public.
Hell! She just went on Geraldo a few short weeks ago, impaired by this crap is BS and TX and her handlers KNOW IT!
The only word comes to my mind regarding these people is: SCUM Of course JMO on it!
REPOST
~~~~~~
“696. News regarding SC case – 11-24-09 Order Doc 89
“This matter is before the Court on the motion of Susan M. Brown, attorney for Defendant G. Ben Thompson, to withdraw as counsel in this matter. The motion is based on Plaintiff’s current efforts to add Brown as a party to this matter. Defendant Thompson has consented to the withdrawal, and no opposition to the withdrawal has been filed.
IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT Susan M. Brown and The Law Offices of Susan M. Brown, PC, have withdrawn as counsel for Defendant G. Ben Thompson.”
• SB then comes out swinging at both FS and McCabe in Doc 86-Main, her response to HKS’s Motion for sanctions against SB and G. Ben.
SB describes the ownership of and the ‘securing of’ ‘Horizons’ from the point of view of what FS and G. Ben told her. That is, she had no personal knowledge of the details. She goes on to say FS gave her the two USB drives in question in November 2007 and told her not to release them to HKS/Wood (Wood was writing numerous letters demanding the return of the hard drives to SB throughout 2007). Furthermore, she says FS told her to give them to McCabe and SB did so with a written agreement (May 2008) that McCabe would not do anything illegal with the drives (hold them in confidence except for potential Court use). Excerpt:
“Later in 2008, Mr. McCabe sent Brown back the original hard drives with stickers on them indicating that they had been examined by BKD, LLP, the forensics firm retained by Mr. McCabe to examine the hard drives. Picture of Hard Drives, Exhibit No. 7. Mr. McCabe also provided an affidavit confirming that he returned all material in his possession and never disbursed any materials found on the hard drives. Affidavit of Neil McCabe, Exhibit No. 8; Brown Affidavit, Paragraph 29-30, Exhibit No. 5.”
SB makes the point that she never released EM to anyone other than McCabe. Any release of said materials to others was not by her (in other words). SB is making the point that from her personal knowledge and based on information from FS and G. Ben, she was not aware she had ‘stolen’ materials. She did not disburse them to others except by direct order from her former clients. She ‘innocently’ kept copies in her Office of what she had produced to others, as she would do in any other case.
It is ‘he said, she said’ where ‘he’ is one of FS, G. Ben and/or McCabe according to SB. SB claims innocence for personal involvement in the fraud-crime exception previously addressed by the District Court for North Georgia with the notion that she was ‘only following orders’.
Just an excerpt of a strange portion of an otherwise straightforward doc (a doc that would be believable if you did not otherwise know the story):
“At some point in 2009, Brown discovered some photographs and videos on her laptop that she did not know were there and had never seen before. This was a relatively small amount of photographs in comparison to what was on Defendant Shelley’s hard drives. Some of the photographs were taken by Defendant Shelley, but some might have been property of the Plaintiff Estate. Brown does not know how these photographs got on her laptop, but she does know that she did not share the contents of her laptop with anyone other than her own attorneys to produce to Plaintiff’s counsel. Brown Affidavit, Paragraph 38-40, Exhibit No. 5.”
Posted on Nov 24th 2009 by Only swim in the Ocean”
McCabe is going to put BKD LLP on the stand as a witness…didn’t Mr Wood want to subpeona them before and they stifled it?
Now thats interesting!!!
Couple of thoughts came to me…
INTERESTING that TX plaintiff has been examined but yet not had the referral made by the Doc.
“That referral has not yet taken place” [pg.2] (???)
* What? Are they waiting to see if the higher Courts throw this case out for NO real conspiracy, then they will not bother? CRAZY!
BKD LLP > would just love to hear the cross examination on them from the Defendants!
> Did you know those hard drives you copied for TX were STOLEN from Horizons and belonged to ANS who did NOT give permission for you to touch them?? Yet, did you actually look and do analysis with the contents then make copies to give out? ;) Could be some good questions to them…
DL should have an Attorney for the Estate of her mother >> SUE the Crap out of that company for receiving stolen property and disseminating it!
(ref: their ( BKD) sticker on ANS’s hard drives given to DC for him to give back to S. Brown)
Wonder HOW MANY other cases this Doc has worked on for this firm?
100 pgs of references and resumes mean nothing if the testimony is bought IMO
Was this guy also in the Breast Implant class action suit? How many other case has he testified in for this firm? ect…
These people will not end up testifying, if this by chance does continue (as God knows stranger things have happened in Harris County with those Judges) Because they would NOT HOLD UP ON CROSS EXAMINATION!
All of the questions to BKD about messing with the Estate of ANS’s property without legal consent…
All of the questions to the Doc about VA’s appearances (just a few weeks ago in fact) on GR and all of the prior ones flying to the Bahamas, to NY…
*** Most important… if they did bring medical into it then the Defendants have a right to KNOW ALL about this woman, and hire their OWN doctors to look her over!!!
Yep! NOT gonna happen… Appearances surely must mean a lot to this team. ;)
1. “Dr. Alexrad is treating and evaluation Ms. Arthur amd is expected to testify concerning the damages suffered by Ms. Arthur as a result of the defamation. …. Dr. Axelrad is expected to refer Ms. Arthur to a neuropsychologist for treatment and consult with that neuropsychologist.
The referral has not yet taken place. Ms. Arthur will supplement.”
DEFINITION: Oops. We said Mc Arthur had memory issues and we need to C our A. Quick, someone hunt up a doctor who will say she has issues, all caused by HKS being mean, and have that doctor refer her to a high power specialist. WE THINK WE CAN GET AXELROD TO COOPERATE BUT WE”RE NOT SURE YET.
*******
Now we better C our A and make sure we can play musical chairs with our experts, just in case some of them won’t play ball in court.
*******
2. Plaintiff hereby cross designated and states that she may call and expert witness identified or designated by any adverse party or any employee or representative of any adverse party ….
…Plaintiff can designated a previously identified witness and make them an expert and if she doesn’t like what they have to say she can switch them back to witness status again.
…Plaintiff can designate anyone an adverse party even if they’re not part of the suit yet.
…Plaintiff
DEFINITION: I am three years old. These are my toys. You can play with them for a little while but I can take them back whenever I want. You toys are mine to. I may or may not give them back to you. Any other toys that show up are mine till I’m done with them.
The legal system never ceases to amaze me. No wonder costs are so high.
Sorry about all the typos. Hope you can figure it out.
As far as Alexrad’s expertise, perhaps he can use his findings on “Scientific Status of Refreshing Recollection by the Use of Hypnosis” to help Ms. Arthur to refresh her memory, but they may not like what she remembers.
FYI – The O’Quinn Library is at the University of Houston Law Center at which Axelrod is Adjunct Faculty. It’ll be interesting to see if Alexrad refers VA to neuropsycholigist Grant Hutchinson. I believe they’ve worked as a team in court cases before.
There were multiple filings done today in the SC case and rose is dl them right now.
698. SB’s 11-24-09 Doc 86 is a ‘Main’ doc and 10 Exhibits:
86-Main was discussed earlier.
86-1 is the transfer of ownership of ‘Horizons’ from the Canadian investor in liquidation (as a settlement of a lawsuit that had first been decided in the Bahamian Supreme Court and then appealed) to the liquidator and then to G. Ben for $900K 10-5-2006.
No docs are provided showing what G. Ben told his lawyers to do with ‘his house’ at this point regarding ANS. G. Ben’s lawyers have publicly declared they provided the house to ANS as a gift as they were instructed to do by G. Ben. Again, SB is telling the story that she only gets her information from her former clients and is otherwise uninvolved and innocent of anything that happened in The Bahamas. SB is providing to the Court what she says she was lead to believe from her former clients.
86-2 is the 10-20-2006 eviction notice sent to ANS by the lovely Tracy Ferguson (for Michael Scott) of Callenders and Co.
86-3 is a Notice of Default 11-28-2006 (to object to the eviction Notice) filed by the Attorneys for G. Ben. A Justice did not hear it; it is similar to a ‘proposed judgement’ provided by parties to a Court action.
86-4 however is an Order from a Justice of the Nassau Supreme Court 11-20-2006 ordering G. Ben to keep the electricity on to ‘Horizons’ and STAY OFF the property.
86-5 is SB’s Affidavit in which she acknowledges the contents of 86-2, 86-3 and 86-4 and says “oops’ I did not personally have the details provided to me in full until much after the time I was (doing the evil deeds) dealing with McCabe, etc. She repeats her narrative of 86-Main.
SB feels compelled for some odd reason to throw in extraneous remarks about a time that she is claiming to have only second-hand knowledge. She adds that liquid methadone was found on the premises. HKS gave ET a tour of ‘Horizons’ after the break in and (SB understands) was paid a $1M. During said tour, HKS also made the ‘false’ claim of being DL’s father SB adds. SB claims HKS threatened to file charges in The Bahamas and did not or the Police never commenced an investigation. For someone apparently at arms-length regarding the break-in SB feels free to tattle about the details except for the equally well-published Press release about it and the RBP investigation thereof.
To be continued …
Posted at 4:22PM on Nov 24th 2009 by Only swim in the Ocean
Read more: http://www.tmz.com/2009/10/16/larry-birkhead-anna-nicole-smith-howard-k-stern-drugs-sandeep-kapoor-khristine-eroshevich/47#comments#ixzz0XoyQVYLY
699. SB’s 11-24-09 Doc 86 is a ‘Main’ doc and 10 Exhibits (Part 2):
86-6 is the ‘Common Interest and Confidentiality Agreement’ written by McCabe and only signed by McCabe (his name and SB’s name ‘by permission’). Of course, we have yet to hear what ‘common interest’, FS/G. Ben and VA could possibly have.
86-7 is a very poor image of the two USB drives returned to SB by McCabe. We have seen a much clearer image included with HKS’s filings when he made a prima facie case to an extent of the crime-fraud exception to attorney-client privilege in order to depose SB in the first place.
86-8 is Neil McCabe’s brief 11-9-09 affidavit wherein he claims to have returned to SB the only EM he ever had (the two USB drives of 86-7). McCabe states he never released any EM to any one else and has none left in his possession. So we ask, where did VA’s bloggers get their pictures that they posted? Where did Opri and Cosby get their docs that they cackled about in FL and Cosby included in her defamatory book?
86-9 is the affidavit of SB’s lawyer Theresa Lazzaroni. Lazzaroni falls on her sword for SB saying that she held copies of the EM that the Court had ordered produced until ‘production issues were settled’. We recall the high voltage exchange between Wood and SB during her depo during which exchange that ‘issue’ settled damn fast.
86-10 is the 9-25-09 letter (written finally) from SB to McCabe demanding the return of any EM he still had as well as a statement from him that he never gave any of it to others. 45 days for McCabe to respond to a simple letter, hmm…
Next up is SB’s Doc 87, her Memo in opposition to amend HKS’s Complaint adding her and her Law Firm as defendants.
Posted at 4:51PM on Nov 24th 2009 by Only swim in the Ocean
Read more: http://www.tmz.com/2009/10/16/larry-birkhead-anna-nicole-smith-howard-k-stern-drugs-sandeep-kapoor-khristine-eroshevich/47#comments#ixzz0XoydInW6
700. Doc 87 11-24-09 SC case is SB’s Memo in opposition to the HKS amended complaint adding her as a defendant; ‘Main’ plus 4 exhibits.
SB reiterates the ‘facts’ that she laid out in Doc 86-Main and 86-5 (her affidavit).
Ignoring how SB formatted her doc 87-Main and its arguments for sake of brevity:
SB in a great flourish claims that she is prejudiced in this attempt to add her as a defendant because she would need a great deal of time to examine everyone, take depos and blah, blah. You would think she had no knowledge of the case up until now. She even claims she would need back the EM that dragged out of her with two year’s effort to ‘know’ fully what the allegations are against her. SB claims not to know personally that the EM in question even belongs to ANS’s Estate and would have to conduct discovery on the very question at the heart of HKS’s lawsuit (chutzpah!).
She goes on to say that adding her, as a defendant is futile since she was only acting under orders of her client (she forgets the crime-fraud finding against her I suppose). She adds that if sanctions are imposed against her then no further adverse findings could be made by the lawsuit itself under the principle of collateral estoppel.
At great length she claims CA laws do not apply, only SC laws regarding possible theft and conversion of property (the foundation of the lawsuit). Well, that is what Federal Courts are for when ANS’s Estate is in CA and FS/G. Ben are in SC and SB is in GA. Anyway, SB denies she converted property, assumed its ownership, benefitted from such actions and so on (of course, that is the purpose of a trial).
SB concludes:
“This proposed late addition is highly prejudicial to Brown and is a futile effort in any case.
In the alternative, Brown would ask that, if she is added as a Defendant, that the scheduling Order be amended to provide Brown adequate time to conduct discovery and to prepare and name any experts Brown deems necessary.”
SB is asking for delay and delay to get herself of the hook.
87-1 is the 11-29-07 letter from Nicole Jennings Wade (for HKS) to SB acknowledging SB’s possession of the two USB drives in question. Wade says she understands SB will return the drives after FS removes some personal files from them. BUT, Wade also says to SB that Wade understands that SB acknowledges that the drives belong to ANS’s Estate (something SB now indicates she does not know for a fact and needs time and discovery to explore the issue) – oops.
87-2 is the 9-18-2008 letter from Wade to SB regarding requests from Cosby for production of docs that FS had stolen from ‘Horizons’. Wade makes it very clear that a photography agreement between ANS and Patrik could only have been from ‘Horizons’. Again, Wade asks for the return of the EM she expected back 10 months earlier. Therefore, SB did not know what details of which break-in when?
87-3 is the extremely poor image of the USB drives again.
87-4 is the 2-27-09 subpoena to BKD, LLP (that was quashed without explanation in TX). Not sure, why SB included it but one would suspect since she did not include an explanation that it was never responded to by BKD that she thinks this subpoena gets her off the hook for not having coughed up the drives earlier. It is not nice to inform a Court of only partial facts.
SB states the devil (FS or McCabe, take your choice) made me do it. SB thinks she is off the hook consequently. Does SB recognize her own Exhibits contradict her affirmative statements of lack of personal knowledge, etc.?
Posted at 5:47PM on Nov 24th 2009 by Only swim in the Ocean
Read more: http://www.tmz.com/2009/10/16/larry-birkhead-anna-nicole-smith-howard-k-stern-drugs-sandeep-kapoor-khristine-eroshevich/47#comments#ixzz0XoyqRWIZ
Thank You Swims!
Thanks also Liann for reposting swims posts
And thanks Swims
Lots and lots of questions.
Putting Mallery on the stand from BKD will be interesting for questions of how did they get the hard drives etc.. when copying did they by any chance see any data like pictures etc from a very public robbery ??? Did they declare all copies?
The pics from these hard drives were posted by bloggers that said they got them from willy!!!!
The Doctor stuff for Virgie will be a joke, her crap helped kill her own daughter. Like to see the stress levels brought into this that Anna and Howard had to live with. Way to go lots of new stuff to introduce into this bloggers case.
Thanks Liann! Great summaries for those filings for sure!
_________________________________________________________________________
Interesting Post referencing: “Plaintiff’s Designation of Expert Witnesses”
REPOST
~~~~~~
“Another Doc that VA claimed she had no time allowed to produce yet here it is.
Therefore, the notorious BKD, LLP will be an expert to back up the unlawful actions undertaken by the Special Master; a Psychiatrist might refer VA to someone for something.
Let’s just move this along, grant Summary Judgement for CBS, and start the dominoes rolling. Posted on Nov 24th 2009 by Only swim in the Ocean”
November 24, 2009 Susan M. Brown’s Memorandum of law filed in S. C. as a Response and Brown’s Opposition of Estate’s Motion for Sanction and Contempt.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2680
November 24, 2009 Susan M. Brown’s Exhibit 1 which is the deed filed to put house in Thompson’s name after the law firm withdrew the previous deed signed by Anna Nicole Smith, this is the deed that caused the problems for everyone that is now being sued by each other in the Bahamas.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2681
The term dummer than a suitcase full of rocks comes to mind this attorney was aware and involved in the Bahamas mess since 2006 and did not know that papers had been exchanged, renewed, filed and G. Ben Thompson is suing everyone in the Bahamas because they “tricked” him, and this attorney does NOT remember any of that… or is it selective memory??
November 24, 2009 Susan M. Brown’s Exhibit 2 October 31, 2006 letter from Tracy Ferguson to Anna Nicole Smith to vacate Horizon’s or be prepared for eviction proceedings.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2682
I put this in the other thread before realizing everyone most likely be posting here.
So, VA is just now being referred to a Neuropsychologist, hmm. Aren’t you usually referred to one when you suffer an Aneurysm, you know so they can check to see if any damage was done to the brain? Are they trying to claim the Defendants cause VA’s brain injury? On the other hand, this could just another McCabe tactical ploy for the courts to overlook VA’s deposition.
Was VA suffering from any brain disorder when she sold pics of her daughter and grandson? Did she have a brain disorder when she jumped on a plain to the Bahamas and doing her photo op? Was she suffering from a brain disorder when she was willing to keep the family feud going as her pal David Leigh states in e-mails?
*** Thank you Rose.
“EM” = Evidential [or Evidence] Materials (in those Reposts of Swim’s comments, if there was any question by anyone as to what the initials stood for)
Oops, for got the other part.
Typically, neuropsychological evaluations are given to individuals who have suffered some form of brain injury, for example, traumatic head injury, strokes and brain tumors. Different types of brain injury include:
• Traumatic brain injury (TBI), concussion, acceleration-deceleration injury.
• Cerebro-vascular accident (CVA) which includes stroke and ruptured aneurysm.
• Brain tumor, which may originate in the brain or metastasize into the brain from other parts of the body.
• Anoxia (lack of oxygen), as in drowning, chocking or strangulation. Anoxic brain injury may occur if the heart stops breathing for a brief period of time.
• Toxic injury, which is caused by neurotoxins, such as carbon monoxide, lead, mercury and certain illicit drugs.
• Infection may damage the brain, as in encephalitis, meningitis, abscess or chronic brain Lyme disease.
• Degenerative diseases that affect the brain include Alzheimer’s Disease, Pick’s Disease, Huntington’s Disease, Lewy Body Disease and sometimes Multiple Sclerosis and Guillome-Barr Disease.
November 24, 2009 Susan M. Brown’s Exhibit 3 Default Judgment against Wayne Munroe and Anna Nicole Smith dated November 28, 2006 in regards to Horizon’s in the Bahamas.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2683
I will put the rest of these “humorous” filings from Susan M. Brown after dinner and TV tonight.
JMA,
Hey there!
You know I honestly believe it is to DENOUNCE her prior testimony in the TX Federal Court….
That damn TX gang cannot continue to MAKE EXCUSES for all of their plaintiffs/witnesses. IMO
First it is Harding, supposedly sick… then VA w/ her depo… brain troubles according to McC.
Bunch of good ole stinking TEXAS Bull Shit and those nuts are knee deep in that smelly crap if you ask me!
That is my opinion on their HORRID actions to CONSPIRE to take down HKS! — and I’m sticking to it!
They ACCUSE others of WHAT THEY DID!
Hope the State of SC throws them all in the slammer! jmho and sincere wish of course…
Beth [31] I to think it has to do with what VA said or did not say in her deposition.
correction for #29 s/b forgot
OK NCIS is on later all.
*** Rose, [from 25]
“The term dummer than a suitcase full of rocks comes to mind this attorney was aware and involved in the Bahamas mess since 2006 and did not know that papers had been exchanged, renewed, filed and G. Ben Thompson is suing everyone in the Bahamas because they “tricked” him, and this attorney does NOT remember any of that… or is it selective memory??”
I agree, but will have to admit that the Motion was written well – as to where a Judge might hold case law cited to those specific points…
* UNTIL >> FS & GBT tell the Judge WHAT REALLY HAPPENED! Then she is: SOL! IMO ;)
It was a mistake for her to blame it all on her clients when it can be proved otherwise as you just stated.
It was a mistake for her to attack the HKS who is acting as representative of Anna for the Estate of Miss DL.
Her former clients and Mr. Wood are going to have a ‘field day’ with this stuff she is spewing!
November 24, 2009 Susan M. Brown’s Exhibit 4 Default Injunction that barred Ben Thompson or any representative of his to interfere with Anna Nicole Smith living at Horizons dated November 20, 2006 in the Bahamas.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2684
November 24, 2009 Susan M. Brown’s Exhibit 4 her affidavit dated November 18, 2009 to file with her memorandum of law responding to Anna Nicole Smith’s Estate filing for contempt and sanctions against her and her law firm.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2685
November 24, 2009 Brown’s Exhibit 5 which is a copy of the Joint Defense and Confidentiality Agreement with Virgie Arthur filed with Brown’s Response to Anna Nicole Smith’s Estate for Motion for Contempt and sanctions. Brown refers to this in her Memorandum of Law and in her affidavit.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2686
November 24, 2009 Susan M. Brown’s Exhibit 5 her affidavit dated November 18, 2009 to file with her memorandum of law responding to Anna Nicole Smith’s Estate filing for contempt and sanctions against her and her law firm.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2685
November 24, 2009 Brown’s Exhibit 6 which is a copy of the Joint Defense and Confidentiality Agreement with Virgie Arthur filed with Brown’s Response to Anna Nicole Smith’s Estate for Motion for Contempt and sanctions. Brown refers to this in her Memorandum of Law and in her affidavit.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2686
November 24, 2009 Brown’s Exhibit 8 which is an Affidavit from Neil McCabe on behalf of his client dated November 8, 2009 stating that no person representing his client Virgie Arthur or associated with the law firm made any copies of the hard drives or kept anything from the hard drives and the law firm has respected and kept the common defense and confidentiality in tact at all time.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2687
I did not put up Exhibit 7 since it is a black and white picture of the hard drives that BDK, Virgie Arthur’s expert in the state suit and we already have a color copy of the same 2 hard drives up in this section and I will link it tomorrow when I do an article on all of this.
November 24, 2009 Brown’s Exhibit 9 which is an affidavit from Teresa Lazzaroni dated Nov. 13, 2009 explaining to the Court how her client Susan M. Brown had kept working copies only of the things contained on 3 flash drives turned over to the Estate attorneys for Anna Nicole Smith and how Brown had paid for her hard drive to be destroyed as requested by Lin Wood during her deposition.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2688
November 24, 2009 Brown’s Exhibit 10 a copy of the letter from Susan M. Brown to Neil McCabe dated September 25, terminating the Joint Defense and Confidentiality Agreement with Virgie Arthur ONLY on G. Ben Thompson not with Ford Shelley.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2689
November 24, 2009 Court Order for the South Carolina federal Court allowing Susan M. Brown to withdraw as attorney of record for G. Ben Thompson effective the same date.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2690
November 24, 2009 Court Order for the South Carolina federal Court issued by agreements of the parties to give G. Ben Thompson time to file a Response to the Motion for Contempt and for Sanctions until November 30 pending against him and for Melodie Thompson, Gaither Thompson III, and Gina Thompson Shelley until November 30 to file their Response to being added as parties.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2691
November 24, 2009 Susan M. Brown’s Response and Objection to Ms. Brown and her law firm being added to the lawsuit in South Carolina and against the Estate of Anna Nicole Smith filing an Amended Complaint adding her and her firm.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2692
November 24, 2009 Exhibit 1 which is a letter from Nicole Jennings Wade dated November 29, 2007 verifying that Susan M. Brown did have the hard drives and the only hold up in returning the copies to the Estate was a concern of removal of some of Ford Shelley’s personal files which Ms. Wade assured Ms. Brown the IT department could easily do that once the hard drives were brought to their offices.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2693
November 24, 2009 Exhibit 2 which is a letter from Nicole Jennings Wade dated September 18, 2008 stating that some of the documents produced by Ford Shelley in response to the Stern – Cosby litigation be returned to their office that Shelley not contact Howard K. Stern again and that they are still waiting for the hard drives to be return so they could meet production requirements for the Estate in the New York pending lawsuit.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2694
November 24, 2009 Brown Exhibit 4 Copy of Subpoena to Virgie Arthur’s expert BDK dated February 13, 2009 in this case about the hard drives that BDK examined under the Common Defense and Confidentiality between G. Ben Thompson, Ford Shelley and Virgie Arthur.
http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2695
I did not put up Exhibit 3 since it is a black and white picture of the hard drives that BDK, Virgie Arthur’s expert in the state suit and we already have a color copy of the same 2 hard drives up in this section and I will link it tomorrow when I do an article on all of this.
I am going to finish reading all of this tonight and will have an article up first thing in the morning with my first cup of coffee
So how is Wilmer categorized being associated with the Firm?, Oh yeah iirc she is not and she is just a rogue, only a assistant to a paid married investigator by the firm, Lets see if iirc, WV wanted Windi to research Social Security numbers of Anna and Howard but Windi refused and was it Whack who posted the pictures of DWS dead in the hospital?, I am not sure imo if it was not her but whomever said they got the pictures from Willy, so now McC concedes that the firm got the hard drives from way back from them but did not distribute any information, what about QV and the checks or Rita and Howard’s cell phone records etc? What a bunch of shit. Exhibit 8 the paper it is written on is only worth toilet paper imo.
Now that O’Q the money man imo is gone this whole BS is going to fall like a house of cards in a slight wind. I hope SB opens this whole can of worms up like she was willing to do for LLWood in the Rita case, but now she needs to answer in SC and also California to DS imo! SB needs to own up and do what she can to save her career and explain her agenda and what she received return imo.
The whole BS is so sorted and so much of the infighting with the dark-side imo is because Wilmer wanted everyone to do her dirty work knowing full well she would be called on it and or maybe have her computer examined, This and all the related cases to me shows the pure side of evil and greed and trying to accomplish their agendas by any means. Truth is a slow and painful process but I know we are getting there imo.
I am going to repost, Thanks to everyone I repost.. Thanks Swims!
712. 711. Which motion or order in the Cosby case does it state that Rita agreed not to write any more books or can’t write anymore on this subject? Does anyone know and have a link to the doc or can you post the section of the doc that says that? I think it’s a lie.
Posted at 10:10PM on Nov 24th 2009 by Is it true
*****
HKS’s Original Complaint filed with Judge Chin’s Court included letters written by Wood before the lawsuit was commenced advising Cosby, Hachette Books and others to retract statements made regarding and stop making further comments about the content of ‘Blond Ambition’ (and the subject in general) or face the likely prospect of being sued.
Judge Chin’s Order following nannygate was to not screw with material witnesses and preserve all evidence for trial but did not prohibit writing or giving interviews.
No other Motions or Orders touched on the subject of Cosby not writing further on the subject or words to that effect that I recall.
Recall that $50M of the original $60M demand was punitive damages designed to prevent a reoccurrence of such a publication. The settlement is confidential. An American author with the infamy of having been ordered to trial for defaming a public figure and a Publisher who admitted it was too slack and sleazy to fact-check a goofy (but Emmy award winning) media-whore is a solid recipe for no more Cosby on this subject. Cosby might consider a mea culpa tour as I thought would be her only salvation since nannygate and Clark’s scream-fest on TV. Maybe even write a book about her incredible stupidity trying to grasp the brass ring of the ANS saga by lying down with dogs. Who knows though if somewhere in the universe there is some crazy publisher who might be brave enough to publish anything Cosby might write in the future especially if it even had a whiff of HKS in it.
Posted at 12:08AM on Nov 25th 2009 by Only swim in the Ocean
Read more: http://www.tmz.com/2009/10/16/larry-birkhead-anna-nicole-smith-howard-k-stern-drugs-sandeep-kapoor-khristine-eroshevich/48#comments#ixzz0XqouxiIs
713. …
Does this woman think these thieves (her former clients) will not be believed when they refute her lies? Is she trying to play the; HKS’s rep is already ruined so therefore it is OK to trash him and defame him more, like Rita?
I said earlier; what unique, absurd players in this saga!
Some for the record books!
I still get surprised at how low some of these people go.
I really shouldn’t anymore, but still do.
Guess I hold out for a glimmer of hope for mankind – that also is realistically looking more futile.
Posted at 9:41PM on Nov 24th 2009 by jm
*****
Based on SB’s obstinacy and arrogance during her depo I would suppose she does believe her bizarre telling of the FS/G. Ben/McCabe conspiracy of which she claims personal innocence.
SB thinks she can garner pity from the Judge (and maybe a year or two to shovel paperwork) by asserting that a ‘new theory’ of the SC case is necessary before she can be included. Au contraire, SB is merely identified as the middle person in the actions for which FS and G. Ben have been sued. If not for SB failing to disclose her role sooner when she had many opportunities to do so she would have been a defendant long ago.
What is funny to contemplate is a trial in SC where the Jury will understand FS-speak and G. Ben-speak when they say SB did them wrong.
Posted at 12:25AM on Nov 25th 2009 by Only swim in the Ocean
Read more: http://www.tmz.com/2009/10/16/larry-birkhead-anna-nicole-smith-howard-k-stern-drugs-sandeep-kapoor-khristine-eroshevich/48#comments#ixzz0XqpZPhVx
Night all. I hope everyone is well!
Hmm, looks as though VA joined forces with Shelley & Thompson as early as March 07 [oral agreement] so all were planning legal action against HKS from the get go only thing is HKS beat Shelley/Thompson to the punch. I guess Shelley/Thompson/VA did not expect HKS to go after the SC crew when they agreed orally and then drew up the Common Interest & Confidentiality Agreement.
If I’m reading this right this agreement proves that the items Shelley took from the Horizon was shared with VA’s council very early on.
Too much reading right before the holiday.
Wishing everyone a Happy and Healthy Turkey Day.
Happy Thanksgiving to all my American friends!
Good morning everyone. (reading upwards…)
> Lizzie, thank you.
> DG, you too! Hope you and your family and friends have a nice day.
> JMA, wow! Mar. 07, within a month of Anna’s passing. I have a feeling the minute that SC boys STOLE from Anna, they were contacted by TEXAS!
Maybe something like; what will it take for us to see the goods? (or) What kind of incentive do you want for us to have copies? (or) We are trying to take down HKS… do you want to help us? > We know you want Horizons back… CREEPS! imho
* Those ‘people’ who conspired with SC (the people who STOLE from DL! > as her mom’s Estate is all hers!) those people > there were many… the estranged grandma/estranged mom, her counsel, their ‘helpers’, JH, RC, DO, MS, on and on… SO MANY against *one man* trying to keep everything together for this child!! WHY? GREED, a possible piece of the Marshall Estate, revenge because of the Court losses and the losses on the appeals to those Courts….
(again) CREEPS! imho
[54] “If I’m reading this right this agreement proves that the items Shelley took from the Horizon was shared with VA’s council very early on“
* YES! I certainly does look that way.
>>> COMMON INTEREST to: CONSPIRE TO TAKE HKS OUT OF BEING EXECUTOR FOR ANS! by Anna’s estranged family, her counsel, so-called former friends… that is what it looks like to me!
HKS on his behalf and on behalf of DL (the Estate of ANS) should have filed a civil suit for: CONSPIRING TO DEFAME HIM AND THE ESTATE OF ANS, instead…
TX made up crap and turned it around like he was trying to do it to Anna’s estranged family! HOGWASH, LIES, (again) CREEPS! imho
** LB saw what these people were trying to do, and for the sake of his daughter and her future > took the high road. Some may not like his actions much, but imo he has twice has much class as the people trying to RUIN his daughter’s estate from her mother!!!
Whether those HKS/LB haters like it or not… DL is well loved and taken care of, I am sure she will be shown that education is important and she will be taught moral values from LB and his family. Thank the heavens Anna’s declaration to the public regarding this child, her daughter seems like it is going to be honored.
> Liann, [48] Yes, this bit about giving random bloggers high profile people’s SS# should be addressed by a illegal charge from the LE! imo
No wonder that untrained assistant is keeping mum… how utterly stupid, those actions of hers! Underhanded, illegal… what she was trying to get what ‘her people’ wanted? For what? A big BONUS? (again) CREEPS! imho
– whoever this *indi is, that was very smart of her not to do it, though she should have contacted HKS’s attorneys and showed them the documented evidence, emails or whatever to stop this the minute it started. (I am sure if someone was doing this to her personally – she would want a stranger to let ‘her people’ know to have this stopped immediately) This other person *hack, (or whatever blogger for VAS it was) if true… they should step up and tell the lawyers for DL’s Estate exactly WHERE she got that stuff/pics from and who wanted her to disburse it on the net!… >>> THAT WOULD BLOW THIS EXH. 8 (consent to conspire to harm) agreement right out of the WATER!!!
** Yes, qv and those copies of personal checks of ANS’s! She should have been contacted by the ESTATE of ANNA and been legally ordered to take those STOLEN ITEMS DOWN!
LOL at McC’s so called agreement w/ S. Brown! TOO MUCH DOCUMENTED EVIDENCE from their ‘helpers’ > the people who worked for TX and the bloggers who supposedly got the incentives from them… WELL! Too many people to keep quiet, to keep from cross examination, to keep from sworn depositions (not just sworn statements of lies from one side – submitted to a Court of Law) WTH is wrong with those two bloggers? The ones that started this farce!
They certainly must have got some great enticement to actually LIE in a sworn statement to a Court of LAW! I say even when this farce of a case gets tossed by the HIGHER COURTS! Have them make a public acknowledgement of their actions (or) get sued themselves for this astronomical damage to all !!!
That would show those 3 or 4 VAS and the world that HKS, RT, LH, TS, AH. LB, TMZ, CBS, ect.. did NO CONSPIRING at all! (again) CREEPS! imho
VA was NEVER in their WAY to conspire against! PERIOD!!! > }} LIES form TX! They should have to answer to the Justice System for their actions! jmo
Happy Thanksgiving ladies. Hope everyone is doing ok. Sorry I haven’t been around much but I am taking the time I need to work through my guilt, anger and pain over the loss of my best friend. Top it all off, I don’t know if Rose told you all or not but his grandmother was diagnosed with a very aggressive form of cancer and given less than 3 months to live. This happened the day after we buried him. It has all hit really hard and fast for the whole family. Hospice took over her care at home on Monday and they have said her lung is colapsing and she will need oxygen by next week or she will just suffercate to death. She doesn’t want it. I think she is just ready to go. It’s very sad to watch. Tomorrow will be her last Thanksgiving and even though we will all have out moments with Mark not being there, we are going to do our best to make sure she is comfortable and surrounded by family and friends and has a nice time. Pray for her if your a person who prays.
Sorry didn’t mean to bring anyone down. I just needed to talk for a minute and I know you ladies are always welcoming of that. Thank you all so much. You are all dear to me eventhough I wouldn’t know most of you if I ran into you on the street. I love you all. Have a great holiday.
Roxanne,
I am glad this woman has her family and you to help her through this.
Please try to have a nice day through the sadness of all of these things.
Yes I too am still so very upset at the loss of such a fine young man in our family’s life.
I will pray for his family, and you and your friend’s family to get through this very trying time.
I have cried almost everyday for this good young man our family knew, it tears at my heart like I have never felt before.
Rox enjoy the time you have left with her.
It takes time to grieve and we have all had our share. This last year has really been a bad one for so many of us.
Happy Thanksgiving everyone.
So much sadness all at once. I pray Our Dear Lord holds you all in his arms and brings you strength and peace.
Beth [57] thank you I’m glad to see you read into it the same way I did. Yes, I said when I read that bloggers post confessing WV gave those SS #’s to them and asked them to research them, that something should be done. My question is; the person who accepted those #’s from WV why didn’t they just tell WV they were not interested. Furthermore, did they really research them and just not report their findings back to WV? Whatever it was illegal for WV to give those #’s to anyone let alone a faceless blogger and IMO she should suffer the consequences.
OK gotta go I’ll try to stop back in later if not…Happy Thanksgiving All
Beth #57 – Yes by golly – FS had already shared documents with Texas during the burial hearing in Flordia. FS admitted under oath to this but was not challenged. I have the court transcript from another site and will email it to you.
Happy Thanksgiving to everyone.
Happy Turkey Day to all! May your hearts be as full as your bellies!
So many thoughts but not enough time to address each point. After the holiday I’ll see if I can.
Rox…prayers for you…hang in there. I just read a great book…”my lovely bones”. Made me look at things thru another persepective. Maybe you would enjoy it too.
Before Anna died the whole SC crew had joined with VA. They all had put in their 2cents with Opri on Larry’s case. This includes Va who didn’t have a clue what was happening with Anna. I have no doubt they intended to get Dl and turn her over to VA when Anna died. That’s why they all showed up there. Larry put them all in contact early on IMO.
Grammy I think you are right on. I have always thought the break in was a baby snatch try only they were not quite fast enough.Though I do think LB saw thru them at the end and realized what they were really after and if they had gotten DL he would have still been fighting to see or have contact with her
Good Evening Everyone,I just want to say about Vergie Arthur medical problem.(O PLEASE)Someone please tell me how the OQ Law Firm can justify Vergie going for partical custody and a say in Dannielynn estate,if she cannot think correctly.Could that be the payment offered by Vergie,OQ Firm could take charge of all things Dannielynn.There was no medical problem when OQ stated on National TV Vergie was the one fit to raise Dannielynn,If McCabe is trying to play POOR VERGIE AGAIN,he can blow it out his ears.Vergie had years and years to help her daughter,SHE DID NOTHIHG,do you know how angry I am at the thought,Dannielynn was so little thought of by her grandmother,she tryed to take a small child away from a LOVING YOUNG father and PUT the child with IMPAIRED vERGIE.MY OPINION
PS I also want to add,if you notice all Vergie’s statements are well placed,and all her digs at Howard are well placed.she knows exactly what she is saying when she says it,All her statements are 10 years Anna was on drugs,when she skips over Anna’s drug use before Howard.Her brain injury only seems to effect HER NEGLIGENCE.To stand in front of the courthouse in the Bahamas and say,”I just want to be grandma,while your lawyer is saying something different,shows me she knows and is aware of what she is doing.On Geraldo,”IF you love someone you would get them off drugs” A dig at Howard,for saying he loved Anna,but she forgot herself,in that statement,WHAT DID SHE EVER DO TO HELP HER DUGHTER OFF DRUGS” WHAT”?
IMO a drug addict,alcoholic will not change until they are ready.It is like quitting smoking nothing will work unless you make up your own mind you are quitting.I saw people with patches smoking like a chimney all the time.I don’t think she they realized how dangerous it could have been,But I still say until the person takes control and really wants to stop something ,unless you lock them up nothing much helps..I once saw a young woman leave an abusive husband because he would or could not change,in less than two years he was living on the streets and finially killed his currant girlfriend.At least he is off the streets and he did not run ,he turned himself in.
Hmm—-Vergie also knew what you said is correct,she could not handle her daughter,so why blame Howard.Anna did not want to be helped,she enjoyed the high life,you see how aunt Shelly acted with just a little attention,Howard did not enable,he believed the doctors and Anna who said she had pain and with her mothers help went into DEEP Depression,after Daniel died.To me it is hard to feel any self worth,when your own mother is telling the world you must have had something to do with your son’s death,If Vergie stopped her accussIng and just went out of her way to help her daughter,the end would have been different MY OPINION
when my daughter was 18 and was in college I could not find any thing about her from the school If I call to know any information about her they refuse to tell me just because she was adult she went college in her own she was not a child in the eyes of the law and so was Anna she chose her life .
Catching up on my reading…
#6..designation of experts…
Quite the impressive resume. A well rounded expert in his field in many areas of analysis. Many is an understatement. Appointed by Jerry Brown and Edmund Brown in CA to a couple different boards. Question I have is how is he able to pinpoint VA’s supposed detramental effect of the defamation? Just as any of us, events in your life have a basis for the type of person you are and how you percieve the world. Everything in life was all hunky-dory for VA up until the defamation? Her medical problems never factored in? So all of her medical/mental life will have to be presented to show a change, right?
Reading back, I see that all these points have already been discussed
So responses are due by tomorrow in the SC case?
#73 you are correct, I will be adding an article dated the 30th with the papers listed that were released this past week and add the new additions as they show up on PACER tomorrow. This is a prime example about don’t PO your attorney, they know where the secrets are kept.