Anna Nicole Smith Trial: If There is a Hung Jury What Next?
Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Anna Nicole's Nannies, Beverly Hills, Celebrity Trials, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ford Shelley, G Ben Thompson, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Horizons law suit, Howard and Anna, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, Phil Spector, Steve Sadow, Virgie Arthur
Many of us are beginning to wonder if the jury is a hung jury on some of the counts. There are 21 all together against Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich. The three are charged with multiple felonies for allegedly conspiring to furnish prescription drugs to an addict. Stern has nine felony counts against him and Kapoor and Eroshevich each have six felony counts and there are a slew of misdemeanor counts against each defendant.
Stern and the two doctors’ charges include conspiracy, unlawfully prescribing a controlled substance, obtaining a prescription for opiates by fraud, deceit or misrepresentation, obtaining a prescription for opiates by giving a false name or address and prescribing, administering or dispensing a controlled substance to an addict and conspiracy to commit a crime.
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The defense took a gamble and did not present any evidence at trial with Steve Sadow on behalf of Stern saying in part; “that there was an “abundance of reasonable doubt’ in the case against his client and the doctors, and said prosecutors had trashed Smith ‘as an out-of-control drug addict’ and showed no regard for the chronic pain she suffered for years.”
Ellyn Garofalo, Dr. Kapoor’s attorney, stated in her closing arguments that “Kapoor acted in “good faith” and had a legitimate medical purpose’ in prescribing medications to Anna Nicole Smith. Kapoor is a Hollywood expert with pain management.
Bradley Brunon, of Phil Spector fame, in his closing arguments on behalf of Dr. Eroshevich stated that, “the psychiatrist reached out on an emergency mission’ to help Smith after the former reality television star and Playmate of the year, son died and did what she could to try to help her in a time of crisis.”
Renee Rose Deputy District Attorney, argued that the evidence presented during the nine-week trial showed “that these defendants knew what they were doing was wrong’ and that “they knew their conduct was unlawful.”
Most trial observers agree that the main sticking points are that Kapoor kept a diary with entries that seem to substantiate that he knew something were wrong and that he had drug problems in the past as well. Then there is the fact that Kapoor took Smith’s medical files home and hid them in the bottom of his closet. Rose made a strong argument that showed intent and that Kapoor knew what he was sending to Smith was excessive.
Sadow was successful in getting a lot of the evidence including traveling to the Bahamas with an enormous amount of drugs thrown out. He was also able to turn Ford Shelley from a prosecution witness to a defense witness. Sadow also kept out a large part of the evidence including what appeared to show in part that Eroshevich’s ex-husband had sent wired sum of moneys divided in the names of both Eroshevich and Stern to make it easier to pick up. If the prosecution had been successful at presenting evidence of that it would have gone a long way to prove that Stern knew his name was on some of the prescriptions as well as shore up the conspiracy charges.
The jury has sent only one note to Los Angeles Superior Court Judge Larry Paul Fidler during last Thursday’s session asking how Stern could be found guilty of prescribing since he is not a doctor. Judge Fidler’s response was that Stern had “liability — if any’ on the two charges of unlawfully prescribing a controlled substance “as an aider and abettor.” Judge Fidler went on to clarify that should the jury find Dr. Kapoor or Dr. Eroshevich not guilty on either of these counts, then they should find defendant Stern not guilty on those same counts, Judge Fidler noted for the jury that the two doctors would have to be convicted on those counts before Stern could be. When asked if that answer the jury’s question the foreperson indicated it had.
Judge Fidler, who many court watchers in the Los Angles area is seen as pro-prosecution judge, was standing in for trial Judge Robert J. Perry, who took an “unscheduled vacation” during the first week of deliberations. Judge Perry had stated multiple times his frustrations that these charges had ever been brought. At one time Judge Perry even told the deputy district attorney it appeared that the state was throwing a lot of charges towards the defendants with hope that some would stick and it appeared like overkill or potential jury abuse to him.
Many of us felt that Sadow had Judge Perry going in the way of sympathy for the defendants when Judge Perry indicated he would be dismissing most of the charges before the case went to the jury only to reverse himself at the last moment and deciding the jury could rule on all of the charges and then he could throw them out after conviction if a conviction occurred. You know it is pretty bad when a sitting judge for over 18 years says this is one of the worse three cases he had sit on as the trial judge.
My feeling is that if the jury does not return with a verdict by Thursday we will find that this is a hung jury. If so will the state be out the money to retry the case after the elections in November including paying another $40k to the two nannies? Even more important is will high profile attorney Steve Sadow appear again pro bono for Stern? Brunson did not represent Spector in his retrial.
If a retrial happens then the defense will have the advantage of knowing what the D. A. will present and the D. A. will not know what the defense will present because of the lack of any defense witness in this trial.
So what are your thoughts, hung jury or just a lot of charges to go through?
©Rose Turner
October 19, 2010
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Hi Rose, Have you heard why Judge Perry took a vacation? I have been out of the loop for a while now with my health.
Thanks
Beth #104 other thread.
Beth says:
October 19, 2010 at 10:23 am
Sammy, [99] I about fell off my chair laughing at that video when I saw it on the last word (MSNBC)!
If you go to your link and stop it (pause) at .39 sec the writing on the video on the right side says;
” *She did not really say “bitch” ”
I honestly do not know what the heck our goverment officials are doing anymore!
Heaven help us if some of these people end up in office, I do think we will just go downhill faster!
The jury is taking longer than I expected, I am really curious now as what they will end up with in their verdicts!
I am thinking today or tomorrow at the latest they will be done deliberating. Bet the defendants are on pins and needles!
Oh Beth, wasn’t that the funniest video? Like you, I laughed and applauded at the same time. Of course, Max wondered what was going on and looked on as if I had lost my mind.
Totally agree on some of the candidates running for political office, it’s enough to scare anyone. Did you see the guy in New York running for Govenor calling his party “The Rent’s Too High”? I’ve already voted by mail-in ballot a couple of weeks ago. Too bad John Boehner isn’t in my district because I would have voted against him in a heartbeat. I met Boehner once some 35/40 years ago and didn’t have a good feeling even then. It seems, for the most part, our politicans have forgotten or never experienced what life is like for the average citizen on an average or less income. Jobs aren’t there. Homes are being lost. Those with lots of money only want more no matter how they get it even to the death of the middle class. What ever happened to civility, understanding, kindness, or caring for another?
How would wiring money prove that Stern knew his name was on prescriptions? I don’t see the connection there. Believe me, I totally believe he not only had knowledge of his name being on those scripts but probably in fact TOLD Dr. E to put them in his name. I think if it’s a hung jury then show’s over. What judge in his right mind would allow a retrial and if that did somehow happen then what does the prosecution have? All their witnesses were discredited? I don’t see the nannies coming back and I don’t see the state allowing money to bring them back.
Rose, of course there could be a number of things happening, but I feel that they are trying to argue among themselves trying to get everybody on the same page. Someone is leaning guilty and others not or vice versa. I believe it will be a hung jury after this amount of time. Maybe they don’t work or like their jobs. LOL
Sammy dear, you are absolutely right! I think some of the candidates have their own partys scared!
I am looking forward to Jon and Steven’s RALLY TO RESTORE SANITY and/or FEAR…
http://www.thedailyshow.com/watch/thu-october-14-2010/rally-to-restore-sanity-and-or-fear-announcement
http://www.huffingtonpost.com/2010/10/18/rally-to-restore-sanitys-_2_n_766787.html
Was searching for something new today and found this:
http://deskbar.google.com/news/more?pz=1&cf=all&ned=us&ncl=dlSslxDxxXMrQ1MASYaV55nLdWoQM
> the third link down brings you to this link below:
http://67.59.172.92/article/Local_News/Local_News/Jury_Due_Back_for_Sixth_Day_of_Deliberations_in_Anna_Nicole_Drug_Conspiracy_Trial/71998
Posted Tuesday October 19, 2010
“Jurors will deliberate for a sixth day today in the trial of Anna Nicole Smith’s longtime companion and two doctors, who are accused of conspiring to funnel prescription drugs to the onetime Playboy Playmate.
The six-man, six-woman panel began its deliberations last Tuesday in the trial of Smith’s longtime companion, attorney Howard K. Stern, 41, and physicians Sandeep Kapoor, 42, and Khristine Eroshevich, 62.
The three are charged with multiple felonies for allegedly conspiring to furnish prescription drugs to an addict.
They are not charged with Smith’s Feb. 8, 2007, death from an accidental prescription overdose in Florida at age 39.
Responding to questions from the jury during last Thursday’s session, Los Angeles Superior Court Judge Larry Paul Fidler, standing in for trial Judge Robert J. Perry, said Stern’s “liability — if any’ on the two charges of unlawfully prescribing a controlled substance would be “as an aider and
abettor.”
“Should you find Dr. Kapoor or Dr. Eroshevich not guilty on either of these counts, then you should find defendant Stern not guilty on that count,” Fidler said, noting that the two doctors would have to be convicted on those counts before Stern could be.
The judge also instructed jurors to “consider the evidence separately as to each defendant and each count.”
In her closing argument earlier this month, Deputy District Attorney Renee Rose said the evidence presented during the nine-week trial showed “that these defendants knew what they were doing was wrong’ and that “they knew their conduct was unlawful.”
Stern’s attorney, Steve Sadow, countered that there was an “abundance of reasonable doubt’ in the case against his client and the doctors, and said prosecutors had trashed Smith “as an out-of-control drug addict” and showed no regard for the chronic pain she suffered for years.
Kapoor’s attorney, Ellyn Garofalo, told jurors that her client was acting in “good faith” and had a “legitimate medical purpose’ in prescribing medications to Smith.
Eroshevich’s attorney, Bradley Brunon, said in his closing argument that the psychiatrist reached out on an “emergency mission’ to help Smith after the former reality television star’s son died and did what she could to try to help her in a time of crisis.
Last month, Perry granted the defense’s motion to acquit Stern of fraudulently obtaining a prescription for methadone and Dilaudid and getting a prescription for the two drugs by giving a false name.
The judge also knocked out a portion of the allegations in one of the conspiracy charges against Stern and Kapoor, ruling the prosecution had not presented sufficient evidence that the two had conspired to obtain a controlled substance by fraud, deceit or misrepresentation or issue a prescription that was false or fictitious.
Nine felony charges remain against Stern, including conspiracy, unlawfully prescribing a controlled substance, obtaining a prescription for opiates by fraud, deceit or misrepresentation, obtaining a prescription for opiates by giving a false name or address and prescribing, administering or
dispensing a controlled substance to an addict.
Kapoor and Eroshevich, who used to be Smith’s next-door neighbor in Studio City, each are charged with six felony counts.
The charges against them include unlawfully prescribing a controlled substance, prescribing, administering or dispensing a controlled substance to an addict and conspiracy to commit a crime.”
I agree Rox. I think Sadow got that ‘evidence’ thrown out because it had nothing to do with the charges.
#2 Roxanne I believe the D. A. was trying to stretch that into some STRONG Circumstantial evidence if that was needed… nothing more… That said there is no way IMO that Howard picked up the medicines as the pharmacist said he did for the most part and he was the primary person that gave Anna medicine but he did know what it was (call that love or obsession)?
I read somewhere that when Shelley turned over all of those receipts for the wired money he made it a point to give it to the D. A. and the D. A. is saying Stern is too smart not to have known while taking care of so much more for Anna after Daniel died… Perhaps I was not as clear as I could be… but you know how the D. A. LOVES that Circumstantial evidence. Case in point is Ken picks up all of mine and always checks them and the name before he leaves the pharmacy to make sure they all have been filled and if not to then ask the Pharmacy to get in touch with the doctor for a refill if needed. and because of the different meds, he certainly would notice the name, the medicine and the dosage… I don’t buy that Stern did not know… That said I don’t believe for a minute he wanted to or would have ever hurt Anna
JOA glad to see your are back with us… all they said was an unscheduled vacation… I would love to know if he is back this week or if Fidler is going to be in charge now until a verdict comes in.
#2 Sammy1 “It seems, for the most part, our politicians have forgotten or never experienced what life is like for the average citizen on an average or less income. Jobs aren’t there. Homes are being lost. Those with lots of money only want more no matter how they get it even to the death of the middle class. What ever happened to civility, understanding, kindness, or caring for another?”
IMO as we lost the Kennedy brothers we lost that and not even Ronald Regan could pass the NEW conservative GOP test… it is all about the bottom line and until we have candidates with FREE air time, this is going to continue, we need to take the incentive away about big business owning the politicians because the need the money big business shoves in the elections.
I read the other day where once Walter Cronkite retired he saw this problem and worked the rest of his life saying that candidates should be like documentaries, debates, the things that media will give free air time to or like bio channel with ads not money to the candidates paid for the air time, those type of programs with the TV stations giving each the same amount of time. He felt that was the only way to give the country back to US the people.. The more I see the more I agree with him.
Me also Rose it sounds like politics to me. Beth I sure wish I could go to the Rally for sanity.I would love to be well enough to go. but I do help any way I can.Sammy is right where has the compassion for others gone? These last few years have been horrible I have never in my 66 years seen such rabble rouser as we have seen in the last few years.
Of course he knew his name was on a prescription bottle, but what was he told about the reason for using different names. He probably felt that Anna was taking too many meds, but what could he do about it? He couldn’t stop her from doing what she wanted, nobody but death.
Ya know talking about meds and looking at them it has been a few years since I looked at any name or amount ect on mine I guess I just trusted that the pharmacist gave me the right amounts.I do know the names and watched those though.
Only thing I have to say is they left a whole lot of people out when they just went after those three.Many others were involved ,pharmacists,LB and I would bet the mad man stalker who hurt anna’s neighbor.IMO HKS was not the only one to pick up meds for Anna.I just do not believe that.There were months when he was not with her so who picked them up than??
11
EJ
Exactly
I have to ask, if Howard picked up all Anna’s meds what did her assistants do, like Kimmie and the guy that came after.. I read they did her banking etc so why not go to Pharmacy when doing the Dry Cleaning etc…
They probably did pick up stuff for her.
http://www.mercurynews.com/breaking-news/ci_16379739?nclick_check=1
Smith jury ends sixth day of deliberations
The Associated Press
Posted: 10/19/2010 04:35:12 PM PDT
Updated: 10/19/2010 04:35:12 PM PDT
LOS ANGELES—The jury in the Anna Nicole Smith drug conspiracy trial has concluded its sixth day of deliberations without returning any verdicts in the complex case.
The panel wrapped up talks Tuesday as it worked to reach 21 separate decisions for the three defendants. In addition to finding the defendants guilty or not guilty, the panelists are required to answer a long list of questions if they find guilt on any of the conspiracy counts.
Jurors are being asked to decide whether Smith’s boyfriend-lawyer Howard K. Stern and Doctors Sandeep Kapoor and Khristine Eroshevich excessively provided opiates and sedatives to the former Playboy model and reality TV star.
They are not charged in connection with Smith’s 2007 overdose death.
#17 Ken – thank you for the article. I hadn’t seen anything as yet. Have been busy taking care of personal stuff or on the phone. Started to do some mending and found Max had chewed the power cord to the sewing machine. Found a new cord on EBay – let’s just hope the picture is really what I’m getting.
Did you enjoy my little gift to you? #2 above.
Dear Christine had another debate today with Chris Coons in front of an audience of law students. It seems Christine had a problem with the first amendment. Coons answered/explained to her 3 times to the laughter of the audience. When asked another question on the Constitution, she needed help again. Stick a fork in it, she’s done.
Sammy1 [18] NP Sammy, and yeah, thanks for the gift. lol. I’d heard clips of it on the news shows yesterday. As for sticking the fork in her, don’t be quick to. People have the tendency to surprise.
#9 Rose – Our politicans have lost their way. Rather than working for the people they are working for those who fill their coffers by special interests. It’s a disgrace and a great loss to our democracy. The Kennedy’s stood for the people and dedicated their lives. I like Walter’s sound ideas.
#19 Ken – then we must be watching the same news shows. lol
Good night all.
Sammy1 [20] Politicians have always worked for the ones with the money and power. Why do you think politicians have been reviled through out history? There are ones that do try to help the regular people, but they are not the majority.
Good Morning Everyone,Does anyone remember the day’s when election time came around,all would drag out the “Senior factor”We will do this and that for are seniors.NO MORE.now, it is where can we cut expenses? I know,cut medicare,no cost of living raise for seniors,cut school activities,it is ok to see children hanging out on the streets after school,sure cannot find after school jobs,there non existant.I find I can no longer watch ”the Hollywood FOOLS”and until the people WISE UP and stay away from movies,you will have the “party down younger (stars) getting so much money they are drugging and drinking,buying mansions.while the BACKBONE of the US, the real workers,the one’s fighting for there country,are being thrown out of there homes.”We sure have come a long way baby” BACKWARDS
http://www.washingtonpost.com/wp-dyn/content/article/2010/10/19/AR2010101900664_pf.html
Anna Nicole Smith jury ends Day 6 of deliberations
By LINDA DEUTSCH
The Associated Press
Tuesday, October 19, 2010; 11:06 PM
LOS ANGELES — After six days of deliberations, the jury in the Anna Nicole Smith drug conspiracy case went home Tuesday without sending word if they are close to returning verdicts in the complex trial.
The panel is working to reach 21 separate decisions in the case of Smith’s lawyer-boyfriend, Howard K. Stern, and Doctors Sandeep Kapoor and Khristine Eroshevich. While the criminal complaint contains 11 charges, each defendant is charged with some but not all of the counts. There are multiple charges against each defendant, and if any one of them is found guilty of a conspiracy count, the jury must answer a list of questions saying what it believes they conspired to do.
Jurors are asked, for instance, to answer true or not true to whether the defendants “conspired to unlawfully prescribe, administer or dispense a controlled substance to an addict.”
In addition, they must decide individual charges involving specific drugs and allegations of the use of false names to give Smith medications.
Legal experts say it’s not surprising the six women and six men are taking a long time to make their decisions.
“There are multiple defendants, a complicated, lengthy verdict form, complex jury instructions,” said attorney Dana Cole, who is not involved in the Smith case. “And if you don’t have unanimity on the jury, that could make it all the longer.”
He said it is not unusual to have multi-day deliberations in long criminal cases. Testimony and arguments lasted nine weeks.
Defense attorney Thomas Mesereau Jr., who also has no role in the Smith case, said the jury is probably “very conscientious.”
“You have a very serious case where people could go to jail and could lose their licenses,” Mesereau said. “The jury knows that. They’re probably taking their job very seriously.”
The outcome also is expected to reverberate among doctors and pain management patients whose need for drugs is at the heart of California laws under which the defendants are charged.
At the end of Tuesday’s session, the jury had been talking for 30 hours.
Prosecutors have accused the three defendants of feeding the former Playboy model’s addiction to prescription drugs by excessively providing her with sedatives and opiates. The defense said the three were trying to bring Smith relief from constant pain. The defendants are not charged in her 2007 overdose death.
The jury was to continue deliberating Wednesday.
Sammy 1 —–I just love Thomas Mesereau Jr,In a lot of ways he reminds me of Lin Wood,Both Attorney’s are compassionate,intelligent,and loaded with intergrity.Whatever the outcome,I am very happy they have professional people on the jury.
Beverly [23] Backwards is indeed where it looks like we may be going with some of the candidates running this time. Considering how some of them want to go back to pre-civil rights time, back to the time when there was ‘literacy tests’ to take if you want to vote, where Senators are not elected but chosen in smoke filled backroom deals done by the rich and powerful. Not to mention that a few of them believe that if a female (young girl or older woman) gets raped, it’s part of God’s plan and they must live with it and accept it, including if they are pregnant.
Then you just just got silly factor with some of these candidates. One telling an auditorium of hispanic kids that she thought some of them looked Asian, and that she herself was mistaken for being asian.
Dear hmm,
from [10] “Beth I sure wish I could go to the Rally for sanity.I would love to be well enough to go. but I do help any way I can.”
I hope with all my heart hmm you will feel better!
Sammy is correct… there is no more compassion left by many in the world today!
Now that Miss Oprah has given her blessing on the Restore Sanity Rally, I hope it really will shake some things up and get rid of the politicians who are only out for themselves…
If the Congress would just set strict campaign amounts for all! There would be no more special intrests groups, foreign money, and *bought* candidates.
We need to quit paying the astronomical retirement amounts for these goverment officials too! It is bankrupting America paying the high retirements these selfish officials have voted for themselves. IMSO!
Be well hmm dear!
Sammy, Christine did do herself in by only thinking the First Amendment was for free speech (FREEDOM OF SPEECH) she forgot the part about freedom of religion? That’s right her and her strong religious beliefs want a minor who is raped and becomes pregnant to be FORCED to have the child!
I am very glad she is done! Though, I think she is taking a page from Palin and any attention (even negative) she will be writing her own book about running for office now THREE TIMES IN A ROW and how the big bad media made her lose… Yep! She will be making millions from the fringe on the RIGHT who think her or Palin is office worthy in our government! GO Chris COONS >> for keeping SANITY in America!
A few good reads:
http://www.washingtonmonthly.com/archives/individual/2010_10/026211.php
“LIMBAUGH PLAYS CONSTITUTIONAL SCHOLAR…. The significance of Christine O’Donnell’s ignorance about the separation of church and state goes beyond just pointing and laughing. There’s a striking push this year among right-wing candidates to attack constitutional principles — all the while, running as “constitutional conservatives” — an assault that is likely to continue if they make significant gains in the midterm elections.
In this particular case, O’Donnell asked during a debate at a law school, “Where in the Constitution is the separation of church and state?” While that may not have been too unusual for conservatives, when Chris Coons reminded her of the constitutional language, she asked, “That’s in the First Amendment?”"
http://tpmdc.talkingpointsmemo.com/2010/10/limbaugh-defends-odonnell-separation-of-church-and-state-not-in-the-constitution.php
“Limbaugh Defends O’Donnell: Separation Of Church And State Not In The Constitution
“In one of his signature rants this afternoon, Limbaugh excoriated O’Donnell’s detractors by claiming the left has used the shorthand “separation of church and state” as a rationale for excluding religious people from government — as evidenced by the profusion of atheists serving in national office.
“Are you telling me separation of church and state’s in the First Amendment?” Limbaugh asked. “It’s not. Christine O’Donnell was absolutely correct — the First Amendment says absolutely nothing about the separation of church and state.”
Quote the First Amendment: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”
“Separation of church and state” is a common, well understood shorthand for the first two clauses of that amendment. For Limbaugh, it’s a conspiracy.””
Jon Stewart is right! RESTORE the SANITY! Steven is right as he fools half of the RIGHT into thinking he is actually speaking for them and is on their side!
LOL he (Colbert) is genius too! >> hince his point about the *fear*… jmho
Thanks Beth Yes we do need to restore sanity. One has to wonder if because two people from here have only been let out but can be re entered makes one think McShame hopes to if any are found guilty especially HKS of any charges he will try again. It sure would not surprise me at all..I hope the jury thinks this thru because it will affect all of us at some time and doctors will be afraid to give meds not only for pain but for other things also because they might lose their license or be sue because some of these charges stand..
Gee, if one or more of the Stooges are found guilty one would wonder what team Texas might have in store in the form of a major ‘broadside’. The other day one of our readers was comical in his analytical ability in his attempts to figure were we came up with the ‘Stooges’……..in the course of is line of thought was that there was a leader of the ‘stooges’ and to my surprise his first name was ‘Moe’ and his last name, Howard….those of us who remember this stuff are aging ourselves, Moe Howard was the ‘lead’ stooge!
John
John you are teasing us.. but wouldn’t be surprised.. I used to get annoyed at the # Stooges.. not my favorite…I was more Disney
Sammy, this is O/T but have you read these docs in the Grigorieva/Gibson extortion case?
They include Marsy’s Law, possible Special Master ordered, narrowing the scope of the warrant for the search on the computer and other legal terminology and citings that are familiar to us…
12 pg. doc, http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/1020_oksana_mel.pdf
Story, http://www.tmz.com/2010/10/20/oksana-grigorieva-mel-gibson-assault-search-warrant-computer-la-county-sheriffs-department/
This other story got over 1,600 comments:
http://www.tmz.com/2010/10/19/mel-gibson-oksana-grigorieva-child-custody-deposition-doctor-witness/
I do not agree with the way Gibson acted at all, but Oksana is not looking too good in the alleged extortion case and now I am curious as to how the family law case will play out… by the look at the amount of comments TMZ has this might turn out to be a big case in the Family Law Court and the Criminal Court.
OMG! I went to close out TMZ and this new story is up…
Oksana’s Bodyguard: We Were REALLY Intimate
about a minute ago by TMZ Staff
Oksana Grigorieva’s bodyguard had an intimate relationship with O.G. since May, and he’s writing a tell-all book that he says will rock the case.
http://www.tmz.com/2010/10/20/oksana-grigorievas-bodyguard-kristian-herzog-tell-all-book-intimate-relationship-mel-gibson/
‘Train-wreck’ II here it comes…
hmmmm….. McShithead would have to come up with some different stuff to bring them back in. HKS and the others, minus the 2 that really had nothing to do with anything, have all been dismissed WITH Prejudice. He can’t refile with the same accussations. I think if a guilty verdict is found then VA will file some type of “wrongful death” suit in CA. Even though she lost nothing financially due to her daugthers death. In fact, it seems that she had a “windfall” afterwards. You know all that money and she “never made a penny off of Anna. He’s the only one who has made any money……” Look at Joe Jackson. It’s a known fact that MJ didn’t care for his father but now that MJ is gone… here comes Joe with the wrongful death suit and one of his major claims is loss of support and loss of companionship…. HUH??? Didn’t Joe give an interview a few years back where he claimed MJ didn’t give him a dime to live on? Didn’t MJ make it known to everyone that he had no and wanted no relationship with his father?
Roxie glad to hear ya say that because it really worried me and ya I remember MJ saying that about his father I also remember him talking about the beatings to keep them in line as the Jackson five. I would hope people think back to those years and I know it is in the past but it shows Joe did not have a decent relationship with any of his children and would not now if it wasn’t about money.I would just hope VA and the VAS would let this go and get back their lives and let the hate go it eventually will destroy ya.
hmm [34] “the VAS would let this go and get back their lives and let the hate go” When they are able to do that, not only will pigs be flying, they’ll be bringing the cows home.
As far as Jackson, I believe he said it all when he omitted his father out of his will. Whether Katherine supported the old man or not doesn’t matter to me. In his “This is It” he stated that he loved them all, not that he wanted to support them all but it seems that is can be proved that Janet contributed to the support when she paid part of the Encino $$$$. Joe may have an uphill battle.
new article up
O/T BUT! A very interesting read… that poor woman!
=======================================================
Judge From Anna Nicole Smith Case Caught Up in Elder Abuse Claims
Jordana Mishory
Daily Business Review
October 22, 2009
“An 83-year-old neighbor of former Broward Circuit Judge Larry Seidlin contends he and his family exploited her frail state and swindled the millionaire out of several hundred thousand dollars in real estate, furniture, electronics and school tuition.
In an unusual legal twist, Barbara Kasler now is trying to prevent Seidlin from complaining she was abused or exploited by others to law enforcement or the state Department of Children and Families, which already has cleared him of an elder exploitation allegation.
Broward Circuit Judge Thomas Lynch convened an emergency hearing last week on Kasler’s motion to enjoin Seidlin, his wife, his in-laws and their attorneys from lodging abuse complaints involving her after DCF and Fort Lauderdale police twice responded to tips that she was receiving inadequate medical and nutritional care.
In court documents, Kasler’s attorney, Bill Scherer, claims the only harm his client is facing is from frivolous abuse reports and the subsequent investigations.
“Further intrusion and questioning of Ms. Kasler by DCF and law enforcement would be traumatic to her health and physical well-being” and could “lead to a panic and stress-induced death,” Scherer of Conrad & Scherer in Fort Lauderdale wrote in an Oct. 11 motion, citing concerns raised by the woman’s psychiatrist.
Kasler suffers from chronic obstructive pulmonary disease and end-stage Parkinson’s disease, which can be accompanied by dementia. Her ex-husband and children are dead. Two distant relatives are now her caretakers.
Kasler’s one-time attorney, Robert Bissonnette, filed an emergency guardianship petition in July in probate court, claiming he was wrongfully discharged and Kasler was being unduly influenced by her caretakers.
In another court, Kasler’s civil exploitation case filed in June against Seidlin, his wife Belinda and his in-laws alleges the former probate judge preyed on her vulnerability. Kasler and Seidlin live in Marine Tower on Las Olas Boulevard. The lawsuit contends Seidlin began introducing himself as Kasler’s son and wearing diamond and gold jewelry that belonged to her dead sons within six months of befriending her.
Scherer said he believes the Seidlins are responsible for bringing police to Kasler’s door twice in October — first through an anonymous tip to DCF and then with a “scurrilous and improper rogue letter” sent to two probate judges who have a duty to report elderly abuse.
The letters alleging abuse and exploitation of Kasler by her caretakers were sent by Seidlin’s attorney, Russell S. Adler, a name partner at Rothstein Rosenfeldt Adler in Fort Lauderdale.
INFORMATION SHARING
His letters said Lyn Evans, who was brought in by Kasler’s niece by marriage, holds the elderly woman’s power of attorney. Evans allegedly ordered a nursing assistant to call her and not 911 in an emergency and forced Kasler to sign reams of legal documents.
Adler said his firm sought the advice of The Florida Bar before sending the letters.
“Opposing counsel may not like what we have done, but the truth is paramount here, and he cannot stop us from sharing the truth with anyone,” he said. “Nor do we believe that the court has any jurisdiction to stop us from sharing information with the guardianship judge, DCF or anyone else outside of our case.”
In an interview, Scherer said the emergency motion to sideline complaints by the Seidlin family was intended to spare Kasler anxiety.
But defense attorneys contend Kasler’s request ranges from unusual to ridiculous.
“It is in my opinion one of the most spurious motions I have ever seen,” said Fort Lauderdale attorney Walter “Skip” Campbell, who is representing Seidlin’s in-laws Barbara and Oren Ray. Campbell, a former state senator, said it is ludicrous to try to prevent someone from reporting elderly abuse or exploitation.
Fort Lauderdale Mayor Jack Seiler, who represents Dorothy Colletto, a former girlfriend of Kasler’s late son who is accused by Kasler of conspiring with Seidlin, said state law has wide latitude for elderly abuse reporting.
“If there is a basis for a belief that someone is being exploited, the proper and appropriate thing to do is report it,” Seiler said.
Both attorneys reject Scherer’s allegations.
Lynch is expected to finish the hearing in the next few weeks. No date has been set to resume the hearing.
Kasler’s elderly exploitation case should go to trial in the next six months on an expedited basis because of her rapidly deteriorating health, Scherer said.
Seidlin became a household name when he presided — at times in tears — over the fight for the body of late Playboy Playmate Anna Nicole Smith. For six days, he captivated TV viewers across the country as he made garish remarks about Smith’s decomposing body, offered tales of his time as a New York cabbie and eventually awarded the body to Smith’s infant daughter.
His celebrity status soared with a lampoon on “Saturday Night Live,” but his local reputation soured.
News reports came out that he played hooky from work, taking three-hour lunch breaks and cutting out early to play tennis. Allegations surfaced that he exploited Kasler and accepted bribes from attorneys in exchange for lucrative appointments. He resigned in July 2007 after almost 28 years as a judge.
Investigations ended with no charges.
In January, the Miami-Dade County state attorney’s office cleared him of wrongdoing. In May, DCF said it found no indication that Seidlin exploited Kasler.
Scherer didn’t let the cleared investigations deter him, comparing Seidlin to O.J. Simpson, who was acquitted of murder charges but found liable in civil court to his slain ex-wife’s family.
“We allege [Kasler] was exploited and she was exploited horribly, and we intend to prove it,” Scherer said.
Asset Sales
The civil suit claims the Seidlins persuaded Kasler to sell one of her apartments to them for half what it was worth and transfer a Palm Bay parcel to them for pennies on the dollar.
Seidlin also allegedly wrote more than $500,000 in checks to his family on Kasler’s bank accounts to pay off their condominium, buy a second home and pay for their daughter Dax’s private school tuition. Seidlin allegedly halted Kasler’s plans to marry and move to a community where her sister lived because it could shrink his family’s inheritance.
The lawsuit contends Seidlin, his wife and Colletto conspired to change Kasler’s will to disinherit her relatives and split her almost $6 million estate among Belinda and Dax Seidlin and Colletto.
The lawsuit asking for the recovery of real estate, jewelry and other possessions seeks $3.6 million from the Seidlins, $540,000 from the in-laws and $3.3 million from Colletto, according to court documents.
The lawyer who filed the exploitation case did not stay on it for long. Bissonnette, a Fort Lauderdale attorney at Robert P. Bissonnette P.A., was replaced shortly after filing the suit by Scherer. Bissonnette, who declined to comment, filed the guardianship petition in probate court, alleging he had been wrongfully discharged because Kasler was being influenced by her caretakers.
Scherer called the guardianship case “frivolous” but declined further comment. In his motion, he refers to Bissonnette as Kasler’s “former and disgruntled attorney.” The probate case is ongoing.
In a July 28 report, General Magistrate Rita Berry found there is no imminent danger to Kasler. The judge appointed Fort Lauderdale attorney Jerome Siegel to represent Kasler’s interests as counsel Aug. 3. He did not return a call for comment by deadline and has been discharged from the case, court documents show. Much of the guardianship record is confidential, but records indicate a geriatric care manager were appointed for Kasler.
Adler wrote probate Judge Mark Speiser, who is overseeing the guardianship case, on Oct. 7, stating Kasler’s mental capacity is relevant to the exploitation case.
“During our firm’s investigation in defense of the Seidlins, we have uncovered disturbing evidence concerning medical neglect that is endangering the life and health of Mrs. Kasler as well as financial exploitation that is currently happening,” Adler wrote.
He attached an Oct. 6 affidavit from Vilma Shand, a nursing assistant who began working for Kasler in July. Shand said Evans discouraged her from taking Kasler to scheduled doctors’ appointments and from calling 911 in case of an emergency.
“She implied to me that Barbara Kasler fakes these medical emergencies and instructed me, as my employer, never to call 911 again, unless I call her [Lyn Evans] for permission first,” Shand said.
Shand said Kasler appeared intimidated by Evans, who has made Kasler sign stacks of legal documents when she appeared to not be “in any condition to sign anything.” She said Evans once instructed her to stop treatment so Kasler could sign documents.
She said Evans fired a nurse who discovered Evans had installed a hidden camera in the apartment.
In a second affidavit, Adler’s investigator said Evans is a false name. The investigator also claims two of Kasler’s relatives who recently became involved in her care simultaneously spent large sums of money — the niece purchased three new cars worth a total of $126,000, and the adopted granddaughter paid off $151,000 in debt.
Adler wrote a second letter to administrative probate Judge Mel Grossman, in which he enclosed the letter to Speiser and asked him to “intervene and take whatever actions that your honor may deem necessary.”
The letters spurred Scherer to file his emergency motion with Lynch, saying he believes Grossman contacted DCF in response to Adler’s motion. Grossman did not return a call for comment by deadline.
Scherer said Kasler was being provided with “state-of-the-art medical care,” and the police officer who responded Oct. 1 on the DCF tip noted the presence of recently prescribed medication.
He said DCF attorney Jean Costa agreed the court needs to protect Kasler from “further frivolous reports of abuse to DCF and law enforcement.” Yet, DCF and the police were back nine days later.
Costa did not return a call for comment by deadline.
“Mr. Adler’s letter to Judge Speiser is an illegal, unauthorized and unprofessional attempt to influence Judge Speiser by insinuation, innuendo, libel, inflammatory statements and outright inaccuracies or falsehoods,” Scherer wrote. He said Seidlin must be stopped.”
http://www.law.com/jsp/article.jsp?id=1202434835578
http://www.mercurynews.com/news/ci_16408455?nclick_check=1
“Anna Nicole jury ends week with no verdict”
The Associated Press
Posted: 10/22/2010
“LOS ANGELES—A jury deliberating for nearly two weeks in the Anna Nicole Smith drug conspiracy trial has recessed for a second weekend without reaching a verdict.
The six women and six men were sent home by the court Friday after a half day of deliberations. No reason was given for the early dismissal.
The jurors have spent 41 hours in deliberations since they began their talks on Oct. 12. They will return Monday morning.
The jury heard nine weeks of testimony and arguments in the case of Dr. Sandeep Kapoor, Dr. Khristine Eroshevich (ehr-OH’-shuh-vich) and Howard K. Stern, who have pleaded not guilty to providing the former Playboy model with excessive prescription medications while knowing she was an addict. They are not charged in Smith’s 2007 overdose death.”
Swims has a good post, thankyou as always swims
• VA began in 2006 to mine the money available for those who would dramatically defame ANS and her closest people.
At the time, HKS (a stranger to VA) and his team had turned the legal world upside down with a SCOTUS decision that impacted the lucrative world of Estate planning and State probate precedent versus Federal interests as expressed by the will of the U.S. Congress and the Bush administration. The media was hungry to report tabloid style ‘human interest’ stories about the history making principals instead of trying to explain complex law and its impact to its readers.
• O’Q and his people were fully aware that the Marshalls had forged and destroyed docs
while suborning the perjury of a family attorney to deny ANS the expected inheritance of any widow in America in a Harris County Probate Court but were exposed and punished for their actions by two Federal courts (Bankruptcy and District) in CA. The situation was ripe for a type of lawyer like O’Q to negotiate a settlement for and manage 100’s of millions of dollars rightfully owed ANS and her heirs. As he had done with every other high profile case in his career, O’Q exploited the shoddy media reporting of an important legal issue and incorporated (with little effort) VA into his plan.
• Thus began a series of fraudulent Court cases and deliberate defamation that staggers the imagination in its width and breadth.
The ‘burial hearing’ was O’Q presenting imaginary ‘wishes’ ANS would have had for her burial as explained by her mother who could not possibly know what her daughter wanted. This despite clearly expressed desires by ANS as evidenced by her actions prior to her tragic death. O’Q appeared on TV extensively presenting entirely false stories about HKS in a deliberate effort to have him implicated in crimes that would remove him from his Executor position. When sued successfully for defamation, O’Q (and his pro hac vice wingman McCabe) in an effort to save himself told a FL Federal Court he had made it all up and did not believe any sensible person would have believed a word he said. At the same time, McCabe filed the Federal ‘Mommie Dearest’ and later the State ‘bloggers’ cases in TX in which he repeated every lie VA and O’Q had ever told as ‘factual background’. The O’Q (McCabe/Clark) coconspirator Cosby rushed into print a book outlining the entire plot against HKS (but written as ‘factual’) while O’Q’s financial fate hung in the balance in FL and McCabe was continuing to defame HKS in TX. Cosby was the first of a series of fall guys who cracked. Cosby was caught in The Bahamas bribing the ‘nannies’ for yet another false affidavit (O’Q had already snagged two from them) and was deposed in an emergency action ordered by Judge Chin. Cosby exposed O’Q for not only maliciously lying on TV but having used a retired FBI guy and his paramour to create an ‘investigation’ verifying the lies and serving as Cosby’s only source.
• Within 24 hours of ANS’s tragic death, O’Q and his fall guys were at work.
The looting of ‘Horizons’, the copying and editing of media and the first of many contacts with FL and CA LE began in February 2007 and culminated in the presentation of DDARose. The role of O’Q’s bloggers was immediately apparent within the pitiful ‘investigation’ Clark/Wilma put together; quoting their own malicious posts from the internet and their own false stories as sourced to various media as if a groundswell of righteous suspicion was afoot in America. Florida LE showed the ridiculous Clark the door. The O’Q lawyers and SB in SC continued to feed false ‘evidence’ and fraudulent ‘witness’ statements to Santiago and the lowlife JB. The backing of lawyers along with the fraudulent TX lawsuits added an imprimatur to the lies that JB counted on as he saw another chance to use a storyline that would surely be reported to his own advantage. Cosby ended up in the hell of shamed ‘journalists’ while JB pumped the media for his gubernatorial campaign. The HKS/Wood extraordinary successes in a series of heroic civil lawsuits did not prevent DDARose from presenting the O’Q/VA lies to a Jury (along with the fall guy witnesses) but Sadow destroyed every witness with his hard knowledge of all the players in the scheme. The exposing of the suborned perjury from the nannies is the clearest example of how the civil cases’ knowledge was applied in the criminal case.
• The Jury in the criminal trial has a daunting task.
Wading through what most regular people ‘trust’ as righteous and truthful (the charging docs) while having sat through the hysterics of DDARose and her minions presenting one clear lie after another while attempting to bolster that nonsense with non-expert ‘experts’, incompetent Doctors and mediawhoring Pharmacists (with their recovered memories of things they never said).
Posted at 12:46 PM on Oct 24, 2010 by Only swim in the Ocean
wow some info about the bloggers and stalkers seems to be coming out on TMZ, here is an example. Maybe a lot more will bubble to the surface now….so many affected and it was all for what?
I am putting this on this thread as it is an Anna thread unlike the most recent
http://www.tmz.com/2010/02/10/dr-sandeep-kapoor-anna-nicole-smith-drugs-howard-k-stern-tmz-live2/99/#comments-anchor
Swims,
Who could forget the TMZ story whereby two bloggers accompanied Virgie Arthur to Anna’s grave and plastered the Net with bogus stories about the condition of Anna’s grave or the plastic flowers story meant to indemnify Stern in his time of mourning and visiting Anna’s grave covertly.
We also have bloggers joining with Virgie Arthur at the Bahama
premiere of Anna’s “Illegal Aliens” movie and bragging about
tormenting Howard at that locale.
We have bloggers and an O’Quinn “P.I.” posting and threatening Larry Birkhead to look over his shoulder while on the beach.
“I’ll be watching you” after the Bahamas debacle.
We have bloggers who boasted of the raid on the homes of Stern and the doctors long before it should have been common knowledge.
There was a lead Virgie blogger who lived in Florida and the story goes that bloggers along with Vice And Clark met there where the story of the Vice-Clark improper relationship was witnessed.
There’s the chat room which was used by Clark-Vice operatives
to organize their posting/stalking/harassment of Stern and all those who supported him.
There is a longstanding, and undeniable link between Virgie bloggers and the employees of the John O’Quinn firm as well as all the other main players who conspired against Stern.
We can not forget that bloggers were also used to heavily promote books authored for the Texas Team : from supporting Mark Hatten , Rita Cosby and her “pal” James, to Melissa Byrum.
Not withstanding, a certain blog owner “turned” by McCabe and utilized to bias the public, intimidate bloggers and post his endless court do***ents before they were even filed by the Harris County clerks.
We also can not forget the O’Quinn bloggers intimate stalking and harassing of all the Stern family, including contacting the California D.A.’s office to have his sister in- law removed from her duties there. The stalking and destruction of his sister Bonnie and her businesses.
We could certainly stay here all day listing the endless conspiracies involving the bloggers for Arthur.
The point being, that the symbiotic relationship between bloggers, the O’Quinn firm and it’s operatives, is undeniable,
unethical, unlawful, immoral, and bears pursuing to the full letter of the law.
Can anyone say at the very least, RICO violations?
1474.
• Just as a chronology;
4-25-2007 O’Q and his entourage were physically thrown out of the Supreme Court in Nassau, The Bahamas after O’Q tried to present print outs of TMZ blogs to the Justices. The O’Q paid Bahamian lawyer for VA minutes later tried to enter the TMZ print outs into evidence and was unceremoniously shot down by the Court as it considered then granted LB’s request to leave the country with DL pending the final outcome of his custody case. No mediawhoring ‘evidence’ was allowed.
This marked the second time (first was 3-19-07 when the custody hearings first convened) that O’Q and his entourage were physically removed from the building.
Posted at 3:01 PM on Oct 24, 2010 by Only swim in the Ocean
Posted at 9:53 PM on Oct 24, 2010 by Patrick Henry
After all this time with deliberations, I think a hung jury will be the outcome. The jury is no longer asking for qualifications on any law and it does not take 2 weeks to write down how one comes to a certain conclusion. It is really something that after two weeks, the judge that was sitting on the case is STILL on vacation.
I do believe that the jury wants to convict Dr. E on some of the charges but can’t do it without convicting the other two. She just may get a walk in the criminal trial, I hope they get this settled before the weekend!
#42, DG. I so agree with you. I came over here to this thread a few minutes ago, just to write that and when I saw that you’d written it, I said “OMG”. Two great minds thinking alike.
#42 and #43, I agree and add to that the jury WAS sent home at noon on Friday and no explanation of “doctor’s appointment etc. listed”, no questions are being asked by the jury after week one on that Thursday, [third day of deliberations], no request for testimony to be read back to them, [which is highly unusual with a trial of nine weeks of testimony].. I “think” before Wednesday (maybe as early as today) that we are going to hear that they have been able to agree on X number of charges and that they are a hung jury on the rest. The statement that they agree could be dismissal or guilt. Do any of you know if this jury has to do an ALL or nothing? Can they say we find not guilty on 11 of the 21 charges, or we find guilty on 5 of the 21 charges but we are never going to be able to agree on the rest, thus a hung jury? Or is it that if they can not decide all 21 of the charges then the whole thing is thrown out and the D. A. has to decide if they truly want to spend another 50k on the nannies?
Anyone want to volunteer to Google that and get us an answer?
#44, Rose it doesn’t have to be ALL or NONE. They can find one guilty of one count and the rest not guilty.
#45 EJ Can they find some counts as guilty, some counts as not guilty and be a hung jury on the other counts? It has been a while since I have kept up with any criminal trials that has this many counts against the defendants from felonies to misdemeanors.
No. They can’t be hung on anything. It can be guilty on all or some and not guilty on all or some.
Rose If they are hung on some charges and feel that they’re not going to compromise, they will consult the judge and he will talk to them, ask what they need to help them and still if they can’t agree, they are hung all the way around.
#48 EJ, thanks for that information. This case is such a maze of testimony that has been proven either as not true or “bought”…. I want to know if Judge Perry is back or if Fidler is going to see this to the end… AGAIN what amazes me is that the jury is on the 10th day and has never asked for any other definitions or for any testimony to be read back… all very strange IMO
It has been a long time and waiting for the Jury is getting harder.. who knows whats happening. The whole case has been weird and has just gotten weirder as it went on, why should this be different…
That thread on TMZ I quoted on post #41 has gotten a lot more interesting and I think worth a look…a few things might just click together on that one….But TMZ posts being produced in a Court Case is a bit amazing…makes you wonder……
any way another day I think..
Smith jury in third week of deliberations
The Associated Press
Posted: 10/25/2010 04:34:58 PM PDT
Updated: 10/25/2010 04:34:58 PM PDT
LOS ANGELES—A jury now in its third week of deliberations in the Anna Nicole Smith drug conspiracy trial has given no indication if verdicts are near.
At the end of Monday’s session, the six women and six men had put in 46 hours of deliberations over 10 days. There are 11 counts in the complaint against two doctors and Smith’s lawyer-boyfriend. In all, the jury must make 21 separate decisions of guilt or innocence and answer additional questions if they find them guilty of conspiracy.
Howard K. Stern and Doctors Sandeep Kapoor and Khristine Eroshevich are accused of excessively prescribing opiates and sedatives to an addict and using fraud and false names on prescriptions. They have pleaded not guilty.
http://www.montereyherald.com/state/ci_16431159?nclick_check=1
Don’t you know Howard and the Drs. are nervous as hell? It’s taking the jury this long, to do what? We haven’t heard a peep out of them since they became engaged. There’s been no word on whether they’ve asked the judge for clarity on anything else other than when they asked about the charges against Howard. This doesn’t look very good, but who knows? I just hope it turns out well for all.
new article on MJ up
Finally some news on what the jury is doing:
Jury Submits Questions in Anna Nicole Smith Case
Jury questions indicates struggle to reach verdict on some charges in Anna Nicole case
The Associated Press
LOS ANGELES October 27, 2010 (AP)
Jurors in the Anna Nicole Smith drug conspiracy case have sent out two questions indicating they’re struggling to reach verdicts on some charges against the former Playboy model’s two doctors and boyfriend.
The questions submitted Wednesday in Los Angeles involve what the jury should do if unable to reach a verdict on “a count or an object crime.”
The jury also asked whether it would be correct to conclude that Smith’s drugs had no legitimate purpose if jurors find the prescriptions were written in excessive amounts.
The judge summoned lawyers to court to decide how to answer.
Howard K. Stern and Drs. Sandeep Kapoor and Khristine Eroshevich are charged with conspiring to give Smith excessive sedatives and opiates.
The defense has claimed all drugs were for medical purposes.
http://abcnews.go.com/Entertainment/wireStory?id=11985169
http://www.radaronline.com/exclusives/2010/10/exclusive-court-documents-jury-has-two-key-questions-anna-nicole-smith-case
Posted on Oct 27, 2010 @ 01:58PM
EXCLUSIVE COURT DOCUMENTS:
JURY HAS TWO KEY QUESTIONS IN THE ANNA NICOLE SMITH CASE
“In what could be a troubling sign for the District Attorney in the Anna Nicole Smith drug case, the jury has two important questions for the judge, RadarOnline.com has learned.
EXCLUSIVE COURT DOCUMENTS: Read More About The Jurors’ Questions
According to court documents obtained by RadarOnline.com, the first question is: “What should we do if we are unable to come to a verdict on a count or an object crime?” This could be a bad sign indicating the jury could be deadlocked on certain charges against the trio.
The second question they are asking is: “If a juror were to believe that prescriptions were written in excessive amounts, does it follow that these prescriptions also have no legitimate medical purpose?”
Los Angeles Superior Court Judge Perry is expected to direct the jurors regarding their questions at 1:30 pm PT.
This is the jury’s 12th day of deliberations.
As RadarOnline.com has previously reported, Smith’s former attorney Howard K. Stern, psychiatrist Khristine Eroshevich and medical internist Sandeep Kapoor are charged with conspiring to prescribe, administer and give substances to an addict.
All three have pleaded not guilty to to the charges. They are not charged in Smith’s 2007 accidental overdose death.”
=======================
Document link
http://www.radaronline.com/sites/radaronline.com/files/Anna%20Nicole%20Jury%20Questions%2010-27-10.pdf
Judge Tells Anna Nicole Jury Deadlock Is an Option
Judge tells jury in Anna Nicole drug case to declare deadlock if verdicts can’t be reached
The Associated Press
By LINDA DEUTSCH AP Special Correspondent
A judge has told jurors in the Anna Nicole Smith drug conspiracy case they should not hesitate to declare a deadlock if they can’t agree on verdicts.
The judge made the remarks in Los Angeles after jurors indicated in written notes they are struggling to reach decisions on some charges against the former model’s two doctors and boyfriend.
The questions submitted Wednesday involve what the jury should do if unable to reach a verdict on “a count or an object crime.” The jury also asked whether it would be correct to conclude Smith’s drugs had no legitimate medical purpose if jurors find the prescriptions were written in excessive amounts. The judge told them the answer was no.
Howard K. Stern and Drs. Sandeep Kapoor and Khristine Eroshevich are charged with conspiring to give Smith excessive drugs.
THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.
http://abcnews.go.com/Entertainment/wireStory?id=11985169
I would say Perry is back and this is not Fidler, but it will be interesting to see which judge sent the “NO” you are wrong in your conclusions in question number 2
BETH—–Those are both two very good questions one ”What should we do if we are unable to come to a verdict on a count or object crime”?I could be wrong but it sounds like the felony charge of other names on prescrip meant for Anna.and the second one”If a jurior were to believe that prescriptions were written in excessive amounts,does it follow that the prescriptions also have no legitimate medical purpose?”I would answer that with a NO, that does not follow, there could have been a legitmate medical reason,
BEVERLY, you are right dear! Two very good questions!
Here are the definitions of the two codes:
“725.(a) Repeated acts of clearly excessive prescribing, furnishing, dispensing, or administering of drugs or treatment, repeated acts of clearly excessive use of diagnostic procedures, or repeated acts of clearly excessive use of diagnostic or treatment
facilities as determined by the standard of the community of licensees is unprofessional conduct for a physician and surgeon, dentist, podiatrist, psychologist, physical therapist, chiropractor, optometrist, speech-language pathologist, or audiologist.”
&
” 11153.(a) A prescription for a controlled substance shall only be
issued for a legitimate medical purpose by an individual practitioner acting in the usual course of his or her professional practice. The responsibility for the proper prescribing and dispensing of controlled substances is upon the prescribing practitioner, but a corresponding responsibility rests with the pharmacist who fills the prescription. Except as authorized by this division, the following are not legal prescriptions:
(1) an order purporting to be a prescription which is issued not in the usual course of professional treatment or in legitimate and authorized research; or
(2) an order for an addict or habitual user of controlled substances, which is issued not in the course of professional treatment or as part of an authorized narcotic treatment program, for the purpose of providing the user with controlled substances, sufficient to keep him or her comfortable by maintaining customary use.”
It appears in California the jury can return a verdict on the charges they agree on and then become a hung jury on some of the charges… I am still researching this do any of you have links that would help to understand if a jury is deadlock on some charges it throws out the charges the jury does agree on?
http://www.ncjrs.gov/pdffiles1/jr000251h.pdf
OK Perry is back this sounded like him and not Fidler
LOS ANGELES (AP) — A judge told jurors in the Anna Nicole Smith drug conspiracy case Wednesday they should not hesitate to declare a deadlock if they can’t agree on some or all of the charges.
Superior Court Judge Robert Perry made the remarks after jurors indicated in written notes they were struggling to reach some verdicts against the former Playboy model’s two doctors and her boyfriend-lawyer.
“If you can’t reach a verdict, you can’t reach a verdict,” Perry told the panel. “We declare a hung jury on that count.”
Defendants Howard K. Stern and Drs. Sandeep Kapoor and Khristine Eroshevich were in the courtroom when the jury returned for instructions.
After the panel was dismissed for lunch, Eroshevich burst into tears and was comforted by Stern. Her attorney said she was reacting to the stress of waiting for the verdicts.
Perry also told the six women and six men in their third week of deliberations that it’s a tough case, and he invited them to ask for readback of testimony and for additional legal instructions, if needed.
The jury asked earlier in the day what they should do if unable to reach a verdict on “a count or an object crime.”
They also asked whether it would be correct to conclude that if prescriptions to Smith were written in excessive amounts, “Does it follow that the prescriptions also have no legitimate medical purpose?”
After conferring with lawyers, the judge told them, “The answer to that is no.”
Stern, Kapoor and Eroshevich have pleaded not guilty to conspiring to provide Smith with excessive amounts of prescription drugs and other charges. They are not charged in her 2007 overdose death.
The defense has claimed all the drugs were prescribed to alleviate Smith’s chronic pain and illnesses.
http://www.google.com/hostednews/ap/article/ALeqM5h92lhfrgsVWsQVo3_wGlTWMUWgVA?docId=cc4b4dba0d8b4e5a9783d4afabd1ed9a
You know,Howard is every bit what I thought he was, genteel man,with a warm heart,who would help anyone.Dr E and Howard have a history together,and it hurts him to see his friend upset,I understand that,but maybe Howard has learned a lession in all this,be real careful,you worked hard for your law degree.
http://www.cnn.com/2010/CRIME/10/27/california.anna.nicole.smith.trial/
No verdicts yet in Anna Nicole Smith drug tria
lBy Alan Duke, CNN
October 27, 2010 5:03 p.m
Los Angeles, Caifornia (CNN) — Jurors in the Anna Nicole Smith drug trial, now in their 11th day of deliberations, sent questions to the judge Wednesday that indicated they are unable to agree on some of the charges.
“What should we do if we are unable to come to a verdict on a count or an object crime?” the jury asked in a written question.
The lawyers and defendants gathered in court Wednesday so Los Angeles County Superior Court Judge Robert Perry could respond.
“If you can’t reach a verdict, then you can’t reach a verdict,” Los Angeles County Superior Court Judge Robert Perry told jurors.
Judge Perry encouraged jurors to ask more questions or request a “read back” of testimony before he declares the jury hung on a verdict.
The case against Smith’s boyfriend-lawyer Howard K. Stern and two doctors is complicated, involving three conspiracy charges and eight other counts. Jurors have two months of testimony and hundreds of pieces of evidence to consider.
Stern and Drs. Sandeep Kapoor and Khristine Eroshevich are charged with conspiring to feed the reality TV star and Playboy model’s drug addiction and using false names to obtain the drugs over the last three years of her life.
The three defendants are not charged in Smith’s February 2007 death in a Florida hotel, which a medical examiner ruled was an accidental overdose of a sleep aid combined with the effects of a viral flu.
Their second question suggested that at least one juror accepted the prosecution argument that one of the doctors prescribed too many pills for Smith.
“If a juror were to believe that prescriptions were written in excessive amounts, does it follow that those prescriptions also have no legitimate medical purpose?” the jury asked.
Judge Perry suggested they read instructions he gave them more than three weeks ago.
The case raised questions about ethical boundaries in a doctor-patient relationship, the prescribing of painkillers and anti-anxiety medicines and the use of fake names when treating celebrities.
The defense called only one witness — an expert who concluded that Smith suffered from chronic pain, depression and anxiety, not drug addiction.
Her drug dependency was legal since it was for legitimate medical purposes, including for treatment of her pain and anxiety, defense lawyers argued.
The prosecution said the doctors never said no to Smith’s drug-seeking because they wanted to be part of her celebrity entourage.
False names were used by Stern and the doctors to hide excessive prescriptions from the state’s computer system that monitors drug usage, prosecutors argued. The defense said it is a common practice in Hollywood, used to protect celebrities’ privacy from prying tabloid reporters.
Judge Perry hinted that if the defendants are found guilty, he would consider “possible selective prosecution issues” when sentencing them. He would have the power to reduce most of the felony charges to misdemeanors.
New article on MJ
The ABCNEWS. GO. COM story was UPDATED:
“Defendants Howard K. Stern and Drs. Sandeep Kapoor and Khristine Eroshevich were in the courtroom when the jury returned for instructions.
After the panel was dismissed for lunch, Eroshevich burst into tears and was comforted by Stern.
Her attorney said she was reacting to the stress of waiting for the verdicts.”
My prayer is for HS,DR.K and DR.E I hope everything will turn OK.The three are were used by a political and media greed .
59- Rose, I guess we can use the trial of Rod Blagojevich as an example. The jury found him guilty of one count out of 24. They were hung on 23 counts. He still could serve time for the guilty count and they can retry him on the remaining 23.
EJ “59- Rose, I guess we can use the trial of Rod Blagojevich as an example. The jury found him guilty of one count out of 24. They were hung on 23 counts. He still could serve time for the guilty count and they can retry him on the remaining 23.”
GREAT analysis and isn’t his retrial due right after the holidays? I am taking from reading the AP reports that Judge Perry would be happy to have rulings on those charges they can decide and a dead lock jury on part of the charges. At least we are finally getting some news and as most of us expected after this long wait the jury is deadlocked on some issues it appears to me.
It’s been 11 days of deliberations and still the jury in the Anna Nicole Smith case has not returned with a verdict. Soon, the judge may declare a mistrial.
In the event that happens, the defendants are not off the hook as if they were found not guilty, but it’s up to the D.A. as to whether to try the case again.
The jury sent questions to the judge Wednesday that indicated they are unable to agree on some of charges against Howard K. Stern and two doctors.
http://www.thehollywoodgossip.com/2010/10/anna-nicole-smith-trial-may-end-in-hung-jury/
#67 Rose, you’re right. I too believe they are deadlocked, but still trying to reach a compromise right now. I do believe however, if there’s a mistrial or deadlock on some charges, the DA will not retry this case.
Liann
2010/10/28 at 1:53 pm
BREAKING NEWS Channel 7 just said there is a verdict and it will be read about 1:30
rose said E!online is gonna carry it
outside courthouse
http://www.eonline.com/uberblog/b208181_watch_live_anna_nicole_smith_verdict_in.html
suddenly the media has it all about HKS…………DUH
kapoor not guilty of all 6 charges
stern guilty on some charges.
howard found guilty on some of charges
HKS acquitted on 7 charges, guilty on 2. not sure which.
this is per e onlone
2 counts guilty -howard
eonline is saying “we are being told….”
dr e convicted on 4 counts
http://www.etonline.com/news/102293_Howard_K_Stern_Found_Guilty_in_Anna_Nicole_Smith_Death_Case/
So why the difference in reporting from E Online and the link you provided Rose??? Geez can’t anyone get it right
per tmz: http://www.tmz.com/2010/10/28/howard-k-stern-acquitted-anna-nicole-smith/
Howard K. Stern — Guilty of Conspiracy
17 minutes ago by TMZ Staff
Howard K. Stern was just found guilty on two counts of conspiracy for funneling prescription drugs to Anna Nicole Smith.
Stern was acquitted of seven other charges involving Smith.
Stern is free pending an appeal.
Stern was stone-faced in court when the verdicts were read.
Stern is due back in court January 6 for sentencing.
Story developing…
I will have an article up tonight, I am making sure that I contact all of the attorneys and get their take and comments on the record. I have heard from HKS attorney and VA’s attorney so the article will be up later tonight.
new article up with statements by attorneys