Anna Nicole Smith Trial, Judge Robert J Perry and the Steve Sadow Factor!!!
Posted by Rose in Adam Braun, All Things Anna Nicole Smith, Anna Nicole Smith, Beverly Hills, Celebrity Trials, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Harland Braun, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard and Anna, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, John J. Nazarian P.I, Ken and Rose Turner, Steve Sadow
As I have read through the 39 page transcript of the criminal hearing from January 6, 2011, I notice several things I will comment on and ask you what are your thoughts to Judge Perry in this hearing? I will then close this chapter of the saga with some personal thoughts.
On the hearing on January 6, 2011 the appearances in front of Judge Robert L. Perry were:
THE STATE OF California. Renee Rose, Sean Carney, & David Barkhurst Deputy District Attorneys for Los Angeles County..
Bradley Brunon attorney at law and his client defendant Dr. Khristine Eroshevich
Steven Sadow & Christopher Smith with their client defendant Howard K. Stern.
Judge Robert Perry first outlined the charges brought by the prosecution, summarized those charges as follows: “The District Attorney brought an extremely complex criminal prosecution in this matter involving three conspiracy counts and eight substantive counts against three Defendants which allege criminal acts over a period of approximately three years. The theory of the case was that the defendants wrongfully obtained excessive quantities of prescription drugs for Anna Nicole Smith, who was alleged to be addicted to said drugs. The charges involved allegations of furnishing statutes and violations of obtaining prescriptions by fraud or in false names. The three defendants collectively faced a potential of 23 guilty verdicts. The jury returned six guilty verdicts, four against Eroshevich, two against Howard stern. Dr. Kapoor, the lead defendant, was acquitted on all counts.
In the next part Judge Robert Perry gives us a rundown of the charges the Jury either found not guilty or found Howard K. Stern and Dr. Eroshevich on with first a statement that in the Court’s opinion “It is the court’s view that the verdict was a stunning repudiation of the prosecution’s case.”
Mr. Stern was acquitted on all eight substantive counts. Stern and Eroshevich were convicted of two conspiracies, count 1, a conspiracy alleged to have commenced on September 11th of 2006, that continued until Ms. Smith’s death on — in February of 2007. Count 3, which was alleged to have commenced on June 5th of 2004, which continued until September 10th of 2006, the day before the count conspiracy was alleged to have commenced. Regarding the conspiracies, the jury found that Stern and Eroshevich CONSPIRED to commit two target crimes: One, to obtain a controlled substance by fraud in VIOLATION of Health and Safety Code section 11173(a), and a second target crime to unlawfully give a false name in a prescription for a controlled substance in violation of Health and Safety Code section 11174. Eroshevich was also convicted of two substantive Counts, Counts 7 and 9. Count 7 pertained to the charge of obtaining a controlled substance by fraud in violation of 11173(a) of the Health and Safety Code. Count 9 charged a violation of giving a false name in a prescription for a controlled substance in violation of 15 11174. Both counts involved a single prescription for Hydrocodone, otherwise known as vicodin, written on November 24th, 2006, by Eroshevich in the name Charlene Underwood.
Judge Perry then gives us the breakdown on the charges the jury deadlocked on and what the vote was by the jury:
“The jury also hung in a split of 6 to 6 for Eroshevich on counts 5 and involving the same event, the prescription for Charlene Underwood. Count 5 charged a violation of unlawfully prescribing a controlled substance, in violation of Health and Safety Code section 11153(a). Count 11 charged a crime of unlawfully prescribing a controlled substance to an addict in VIOLATION of 11156. In addition, the jury deadlocked on certain target crimes alleged in the conspiracies in Counts 1 and 3. The jury hung 5 to 7, 5 would be in favor of guilt, in favor of acquittal, for the target crime of unlawfully prescribing, administering, or dispensing a controlled substance to an addict. As to Count 1, that would be a violation of Health and Safety Code Section 11156, the jury hung 10 to 2 in favor of conviction for the target crimes on Count 1 of unlawfully prescribing a controlled substance in violation of Health and Safety Code section 11153, and excessively prescribing or administering drugs in violation of business and profession code section 725(a). As to the Count 3 conspiracy, the jury found not true that the Defendants conspired to prescribe drugs to an addict in violation of Health and Safety Code section 11156. They — the jury found, or held rather – rather hung 7 to 5 for the unlawful prescribing of a controlled substance, 11153(a), and unlawfully prescribing a controlled substance to a person not under a physician’s treatment for a pathology other than addiction to a controlled substance, a violation of Health and Safety Code Section 11154(A) and (B). The jury also found — or hung 5 to 7 in favor of acquittal for the target crime on Count 3 of excessively prescribing or administering drugs in violation of business and profession code section 24 725(a).“
“The court must view the evidence in a light most favorable to the prosecution. I have concerns about the conspiracy counts, in particular as to Mr. Stern and whether there is specific intent in the evidence to show that he had a specific intent to violate the two target crimes of which he stands convicted in both counts.” At this part of the hearing Judge Perry asked Steve Sadow to address those issues and what the evidence presented at trial.
I like the part that Sadow thanked the AP reporter and quoting from an article that appeared on January 6, 2011 saying: “I have to give due credit to the esteemed and honorable reporter Ms. Deutch for her article today. I don’t know if the Court saw it. But she found a quote that your Honor — a statement your Honor had made — and thank you, Linda. And that’s Howard K. Stern. What the evidence in this case showed is that he and Dr. Eroshevich had an agreement that prescriptions for Anna Nicole would be written in Howard’s name, and that’s all the evidence shows. There is no evidence that Howard knew of any other name, not Ben Stern, not Charlene Underwood, not any other name. He didn’t pick them up, he didn’t have anything to do with obtaining them. There was never a witness who connected any of those names to him or brought to South — to the Keys. That’s what we have.”
Steve Sadow went on to say; “We all had either the fortune or misfortune to sit through two and a half months of facts. The Court instructed the jury, and did so because all of the parties agreed, that if a defendant had a good faith belief that his or her actions were legal, he or she is not guilty of conspiracy. And I really think that’s the crux of where we are because if you look at the evidence in any light, the evidence does not show that Howard K. Stern specifically intended to break the law insofar as these two target offenses, and that he, in fact, had a good faith belief that his actions were legal.”
One of the strongest arguments I think Sadow brought to the Court’s attention is that Howard K. Stern was honest about using his name to Danny Santiago stating: “And based on the evidence here, there is not a single indication that Mr. Stern believed it was illegal to do so and didn’t have a good faith belief that it was okay. They’ve been doing it for Anna since 2000 in Michelle Chase, in Jane brown. They went on and continued to do it in the Bahamas the same way. Howard knew it was going to Anna. Dr. Eroshevich knew it was going to Anna. There was never any question about that. When agent Santiago goes to see Mr. Stern on October the 12th, in a non-custodial setting, Mr. Stern says, Absolutely, it was in my name. It was written for privacy. There wasn’t any question about it. Now, that’s not evidence of a guilty intent. That’s evidence of someone who believes that what he did was legal.”
Judge Perry brought up the question about that pesky black bag stating; “Well, the argument was made that because Mr. Stern had a bag of prescription medication that ended up in the hotel room, that that was some indication of knowledge.” To which Mr. Sadow countered with; “All his name. All Howard K. Stern’s name. Not one other name was in that bag, and that was the beginning of the trial. So we — you know, we have always acknowledged, always admitted, Howard has always done so, he knew they were being written in his name. The question is, did he specifically intend to break the law? Did he know it was illegal to do so? And I’m suggesting that the evidence is insufficient as a matter of law to have convicted on that.”
Judge Perry then turned to Dr. Eroshevich’s attorney Bradley Brunon and asked: “If the evidence fails to support Stern’s involvement in a conspiracy, is it your view that the conspiracy charge against Dr. Eroshevich would fall?” To which Brunon responded in part that; “Yes, your Honor. There would have to be mutuality of intent in the conspiracy and it takes at least two people. And if one of them isn’t criminally culpable, then the other one, I would say, couldn’t be just as a matter of law.”
At this point Mr. Brunon brought up “the elephant in the room” throughout the trial saying: “There’s the additional problem that the Court very clearly, very forcefully and very early in the trial said, we’re not going to litigate Ms. Smith’s Death. And yet, it became kind of a subtle thing, a light motif. We started off very early on with the toxicologist talking about the drugs found in her body at autopsy, obviously a postmortem event. That was followed by Birkhead and others concerning about the ultimate outcome to her health in taking these medications. So it became kind of the elephant in the room.” He further brought up the millions of dollars at stake stating: “[T]hat Mr. stern was trying to drug her into a tractable state where he could make way with Marshal millions, that turned out not to be the case.”
The fact of being a celebrity was addressed by Brunon in stating; “the Journal carried a rather extensive article about the medical data leaks from institutions and doctors that go beyond celebrities to expose thousands, and I think I can cite this simply for the fact that it’s common knowledge — we talked about it during the course of the trial — that celebrities seem to be fair game to anyone that thinks they can make some money off of exposing some secret in their life.” Following this was this exchange with Judge Perry and Brunon:
“THE COURT: I remember the issue involving Farrah Fawcett and her admission at UCLA. and how people were all over themselves trying to find out what she was there for and getting copies of her records.
Mr. BRUNON: And the woman was in terminal condition, and yet someone profited by it.”
It appears that Bunon hints that a medical malpractice suit would have been more appropriate then a criminal trial when he said; “I alluded in my pleadings to the issue that kind of malpractice crept into this, Dr. Eroshevich didn’t practice psychiatry correctly; therefore, she’s guilty of writing bad prescriptions. It had some relevance, but not the relevancy that it was given. I mean, Dr. Botello physically shuddered when he had to consider the photo of Dr. Eroshevich and Ms. Smith in the bathtub … It really wasn’t an issue in the case. In the case — the forgery case”
After the Deputy District Attorney Sean Carney responded the Court said in part: “I did a little review of the schedule of prescriptions. And I looked at it with the idea of finding what the evidence was as to prescriptions that Howard Stern had allegedly picked up that were prescribed by Eroshevich. And I found in my review, and I think that’s what the evidence supports, that stern picked up prescriptions that Eroshevich had issued for Vickie Marshal. There were a number, maybe eight or nine. I can give you the dates if it’s necessary. That he picked up one prescription for Ambien for Anna smith, and then he picked up on four occasions prescriptions in the name Howard Stern.” Then Judge Perry went on to comment on what good pleadings Carney had written saying: “I thought you were correct in your pleading — of course, I think you do excellent pleading work — in that you thought it was a slightly higher standard for the court on its own motion to dismiss.”
Of course the retrying of the hung charges and that either side could appeal came up.
Judge Perry issued his verbal ruling in a thoughtful and precise way that I believe will hold up under any appeal with a multi-page decision. At the end to this detail explanation Judge Perry stated; “Let me make clear that I am dismissing on my own motion in furtherance of justice counts 1 and 2 (corrected to 3) in this case as to all target crimes finding the evidence insufficient. I think that that needed to be said. All right.”
The only thing left was if the D. A. was going to retry Khristine Eroshevich on the counts that there was a hung jury with the D. A. is to let Judge Perry know in writing and that they had sixty days to file a notice and appeal on Judge Perry’s decision.
I am sure one of you has the charging document, [juries written decisions on all charges], or if not perhaps we can find one. I remember reading it right after the trial in October 2010.
I have been reading and talking to some of you about feeling sorry for Howard K. Stern losing four years of his life here. True, but that said, Stern made a conscious decision to enter into the chaos that appears Anna Nicole Smith’s life which entangled all who came to care for her.
I could whine about the three plus years of my life gone and the fact that 90% of the internet including members of Rose Speaks.com turned against me for not being willing to go to jail. I chose not to because simply there was nothing to hide, and unlike other co-defendants I did not have a robbery or had my hard drive in a bank box. They did not lie about what happened to them, but I did have my emails and hard drives. I simply knew that the truth would prevail that many had great lawyers in this and that I just had to batten down the hatches for however long this storm lasted. I chose to enter the chaos of having a blog that covered “All Things Anna Nicole Smith” so I did throw myself into the peripheral chaos by not closing this site and/or not stopping coverage of this horrible ongoing saga.
Who does my heart ache for and will for a very long time? First two moderators of Rose Speaks.com who did nothing and yet ended up in jail on ridiculous contempt charges. Recordings came out during the discovery that had one “witness” taped by a lawyer in two phone calls about putting Lyndal Harrington in jail, anything to get to me for this person’s own personal vendetta. She was willing to take down Bonnie Stern, Lyndal Harrington and Teresa Stephens if the lawyers promised that I would be brought down. What kind of sick person does that? As I told the lawyer I could only listen to one of the two tape phone calls but that my phone records as well as the time line would prove I never was the “brains” behind robberies, hiding of hard drives and filing a bankruptcy even suggesting that I had that kind of power over others is ludicrous. My prayer is that Karma is a bitch and you know who you are. Hint, it happened in the spring of 2009. So it was NOT QV or Havana or any of the people you might think it was. The complete ability to hate so much that you are willing to sacrifice three people you knew were innocent, to get to someone you just wanted to destroy is unconscionadle. Someone you never met and did nothing to you but try to be a support system during what you said, and now I believe was no more than a made up crises. I don’t think I even want to get in the head of someone like that to see the darkness there.
Besides those two moderators my heart bleeds for Howard K. Stern’s parents, Leon and Bea Stern. They sent their son, the baby of the family, to obtain a top notch education and secured his earning ability only to have him end up with one client. They had nothing to say about the chaos surrounding Anna Nicole Smith flooding into their lives and upon her death to cause what must have been a living hell for them for the next four years. These were just parents, who loved their son and stood by him. Any of us as parents would do the same thing. They had no control over what their lives became and due to their age, I am sure the price emotionally and physically is one none of us can even begin to imagine.
So my tears will be for the two moderators that went to jail and for Howard’s parents, those four people did not deserve to find themselves in the midst of this as none of us should have been entangled. This should have been a simple three hour hearing and court decision where Anna Nicole Smith wanted and intended to be buried not four years of hell.
I will not be saying anything else about anything connected to Anna Nicole Smith except for the Supreme Court hearing and the South Carolina trial; and of course if California is willing to throw more money with what seems to me to be idiocy any Appeal in criminal court they file. I will be updating the download page with all of the paperwork pending before the Supreme Court in the next few days for reference reading for all of you.
Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.
©Rose Turner
January 11, 2011
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Well,just got to read the other site and low and behold.on the clean slate going back 14 hours found this CALIFORNIA–Brown unveils”painful” budget cuts.Sacramento California–Governer Jerry Brown unveiled a budget that includes 12,5 BILLION in what he calls “painful cuts” to state workers pay,health care,higher education to help ease the budget in the next 18 months..WELL TO THE PEOPLE IN CAL,did youlike the nannies and there entire family living off you taxpayers money,vacation of a lifetime,only to have them lie,lie lie,Nine family members living in a hotel enjoying free meals and having a gay old time,so now you all can take cuts in healthcare ,spent 4 miillion of your money,for his own EGO,NOW TELLS YOU ,PAINFUL CUTS, You voted him in,man he is all yours,,and lets us not forget he was a retrial,rhis is what the people of Cal will be doing
I thought JB said, it was not his problem since it was his OLD job? Wasn’t it the DA that stated he might go for retrial on the charges that hung the jury?
Diamomdgirl—–Believe me,Brown has a lot to say,to the public,that was his comment,he now wants to disinvow any connection,to late as AG HE SPENT THE TAXPAYERS MONEY,behind closed doors he is saying plenty.Sorry becomming Governer does not wash his DIRTY HANDS
I just want to thank Rose ,Ken and every one who puts time and hard work at Rose speaks.
PUT THAT LYING BITCHES TAPED PHONE CALLS UP AND LET EVERYONE HEAR THE LIES OUT OF HER MOUTH AND THE FACT THAT THE FUCKING LAWYER INVOLVED IN THOSE PHONE CALLS VERY CLEARLY STATES THAT SHE WOULD BE KNOWINGLY COMMITTING PERJURY AND THE FACT THAT SHE DIDN’T GIVE A RATS ASS…….
BITCH…. I TOLD YOU LONG AGO THAT THE EVIDENCE SHOWS YOU FOR THE LIAR YOU ARE…….. STILL FEELING FROGGY?
6. Now don’t be shy there girl…… I know it is hard for you to speak your mind but…………………..
Anna Nicole Smith doctor subpoenaed by med board
(AP) – 17 hours ago
LOS ANGELES (AP) — Anna Nicole Smith’s primary doctor, who was acquitted in the late model’s high-profile drug prescription case, has been subpoenaed in a separate investigation, his attorney said Friday.
“It’s outrageous,” said Ellyn Garafalo, who represents Dr. Sandeep Kapoor. “This shows that this is a vendetta.”
She said Kapoor was standing outside the courtroom where a judge dismissed most charges against Kapoor’s co-defendants on Thursday when he was handed a subpoena by a process server representing the California Medical Board.
Garafalo said the board is investigating cases unrelated to the Smith case.
She said Kapoor has treated many severely ill patients and has written numerous prescriptions for them.
Kapoor was tried with Howard K. Stern and psychiatrist Dr. Khristine Eroshevich on charges of excessively prescribing opiates and sedatives for the former Playboy model. A jury acquitted him of all charges.
After a long and costly trial prosecution, Superior Court Judge Robert Perry threw out conspiracy convictions against Stern and Eroshevich, allowing one charge against her to remain but reducing it to a misdemeanor.
Garafalo said she has learned that official costs of the prosecution are close to $4 million, that the defendants each spent up to $1 million on their defenses and that their reputations were severely damaged. Proceedings before the medical board could increase legal costs.
Both Kapoor and Eroshevich face potential problems with the medical board.
A spokesman for the medical board did not respond to an e-mail from The Associated Press.
Kapoor came to the hearing in support of the others, he said, and because he wanted to experience closure of the case. He said he had returned to a busy practice and his patients had remained loyal to him.
A number of doctors and lawyers said Friday that the fallout from the trial could discourage doctors from taking celebrity cases.
“What doctor wants to put himself through this?” said attorney Harland Braun, who has represented physicians in other high profile cases.
Associated Press writer Greg Risling contributed to this story.
Copyright © 2011 The Associated Press. All rights reserved.
http://www.google.com/hostednews/ap/article/ALeqM5iH6QTD3CHIdde2A0HcmU-Tgb4znw?docId=a9236e8e1b214a5c996692f17936eb5a
I have just read a article written by Janice Brenmam and,just as in tabloid reporting,those with” empty barrels make the most noise”This woman,in her article of no truth, is upset with Judge Perry,because she did not happen to like the outcome and the judge’s decision.and sites the testimony of the nannies Moe and FS/GBT.The fool left out the nannies were lying time and time again,moe was a proven liar,and FS said Howard should not be there.I know this Janice is so much smarter than a judge,that is why her facts are ass backwards,
‘
7
I know nothing will ever come of it but I want that bitch to know those two conversations WERE TAPED……. If Rose got a copy of it as a defendant then you know LYNDAL got a copy also. I hope Lyndal chooses to use those tapes as evidence to get her jail time OVERTURNED and better yet…… file one hell of a deflamation case against the bitch on those tapes……….
Roxanne [6] I’m with you, yeah let everyone hear what a lying bitch this person is [of course I have no idea who Rose is talking about but my inquiring mind defiantly wants to know, LOL] and lets all watch as they try to cover up their bullshit with more lies.
To that person who tried to take down Rose/Rose Speaks and those who jumped on their ban wagon and made it their mission to seek personal information [and if they didn’t find any shit was made up just for their own sick pleasure] on members of Rose Speaks along with personal information on Rose, Ken, Lyndal, Teresa and yes even Bonnie…
TIME TO GET YOUR OWN F**KING LIVES BITCHES AND STAY THE HELL OUT OF OURS!!!
Wasn’t sure where to put this tidbit but what the hell! I heard this on the News last night and came across it on line just a bit ago and want to see if anyone else heard/saw it. This being just my opinion but I always felt that if OJ Simpson did not physically commit these murders he definitely knew something about or knew the person/persons who did.
F. Lee Bailey: Paper proves OJ Simpson’s innocence
By CLARKE CANFIELD, AP
52 minutes ago
F. Lee Bailey answers questions during an interview in his office in Yarmout…
http://www.comcast.net/articles/news-national/20110111/US.F.Lee.Bailey.Simpson/
Oh before I forget Update on my Son — As of yesterday he was still here due to the inclement weather in SC. They are schedule to leave today but that depends on our weather here today! So as of now he is not on the Island but still right up the street from me to which I can not see or even talk to him unless he is given permission to call me
Rose,
I absolutely believe you’re taking the high road in this one by not outing the person. He or she will get what’s coming and it won’t be long and you won’t have to . I also wish all of them the very best and hope they’ve learned life’s lessons from this. This has been a helluva journey for all of them. This BS ruined a lot of lives., and for what?
Oh no…. if they aren’t marked confidential then post them on youtube for everyone to hear. You don’t have to identify anyone in the conversations….. just as long as everyone gets to finally hear the scheming that went on in that whole thing. Most people I am sure already know who Rose and I are talking about.
Roxanne [15] in my earlier post I said I didn’t but after I left here and thought about who it could be I remembered back to all the earlier chatter and kinda think I do know after all
It’s someone [no not QV, Havana or M] who so desperately wanted to be part of this saga like some I mentioned and would go to any lengths to put themselves in it. They from time to time make appearances over at the Cesspool stirring shit up and bring attention to themselves.
16
Yep and if by M you mean Mary, then no you are correct it isn’t her.
new article up on MJ
Rox — yes I did mean her and yeah I knew it wasn’t her in those phone calls. Matter of fact the person we are speaking [quietly to ourselves LOL] of outed themselves a long time ago when they went over to the Cesspool shouting off their pie-hole about those calls
<—————— Clueless…………………..
Has anyone read the 39 page transcript from Judge Perry’s hearing on Jan. 6? Do you agree with me he did such a thorough job that it would be upheld if the D. A. appeals?
DG, same person who tried to be the “star” witness for both sides of the lawsuit.
Haha….. I forgot about it Rose. I will try to read it now. Diamondgirl….. think really really hard…… “star witness”…… Lyndal’s hearing where she went to jail……
Gollum
Rox [23] reading your post and the mention of Lyndals hearing… Oopsie I think I was thinking of the wrong person but now it’s coming back to me
I am so into the murray/Jackson homicide that no names come to me…. of thick skulled…..
I am thinking it is someone that had their own chat room way back iirc.
Great story Rose and the lawyers on the defense were also some of the best……Kapors lawyer was one of the great female defense lawyers in California and the U.S. and the others it goes without saying were great. The fact that the judge hated the case and the DA had Loons and Liars also for witnesses that too helped. Good story!
John
Wpuld the name be WV or L /?
Beverly, nope
I love that song by Beatles” Here comes the …”, I could be wrong but I doubt it.
Roxanne #6-15, I 2nd that.
Ken #24 You beat me to it Precious.
Rose I can’t let the coverage of this saga end without saying that the very professional work you did for HKS attorneys was more than terrific. The fact that you were not protected under work product has always irked me. Other than that, LW did a very good job in representing HKS. However, I would still like to know just what the agreement was between HKS and VA regarding the non-suiting . I know…none of my business. Just as none of it was.
raven, none other the settling parties knows what was agreed to, ie HKS and VA in their non-suit.
Great article Rose and yes I agree it will hold up.Does California really have the money to go after every doctor,pharmist and hospital who uses other nameas for privacy issues? I think not.Instead of taking away money from health care he should take it away from frivous suits for revenge like this one seemed to be.Brown cost the stae millions in a case that never should have seen the light of day.JMO And are we talking people from FL on the phone
raven [33] oh yeah that/this person sure is Precious
Liann [31] me too but sometimes it’s not always so bright
Thankyou Rose for a nice windup of our last 3 years.
Concerning the hatred and stalking and just horrible human beings that came out of the woodwork… I hope you rot in hell.. I wouldn’t piss on you if you were on fire. The behavior and language and lies were appalling. Best you take a good long look at what you wrote and maybe a review of some of the hate sites . I couldn’t even think you could be proud of any of it. Imagine if your children read it or your mothers! The Darkside is the right label.
Re Lyndal and Theresa, so much hate was directed at them I don’t know how they survived. I know I could not have had the strength these ladies had and I wish them every happiness for their futures.
The friendships we made and that have lasted are a lovely thing to have. We have learnt to agree, disagree, bitch and moan. But we have stayed the distance. Ladies you are wonderful.
Ken and John, thankyou for being there, especially in dark times. Your support is special and I will never forget it.
To Rose….you have shown me strength and given me support for a long time. I hope we are friends forever and in all our life times. You have taught me so much, but mostly how to step back and be a lady. Not to get in the sand pit. But to go with your strengths.
I have only glanced at the article.. I suppose in my mind it is over. I hope they nail Susan Brown as a lawyer that can do this stuff deserves a kick in the pants.
Now to resume normal transmission…the site is still here and we have stories to tell, facts to find and life goes on.
Hey heath, do you have your swimming suit and rubber ducky ready nearby? I hear there’s an wall of water washing everything way down there.
#40 Ken it is bad, very bad. I am reading reports and trying to get a handle on the floods.. It is the monsoon season and I am nearly 2,000 miles away from the floods but the rain has been coming down for days… A big front..So much help is being offered and I have sent some money because food or clothing etc just can’t be gotten in except by helicopter. I am glad that my family is down south.. they had the fires a few years ago. And fires again took their toll in Western Australia yesterday..
This country will either make you or break you. But survive and get our selves back on our feet we do very well. The Australian spirit was built on survival and helping each other in dreadful conditions. Doesn’t matter if you are rich or poor, or a different race, we are Aussies. I have seen first hand the” mateship” as we call it step into action. The kindness of strangers. But god I wish the rain would stop and give them a chance to find survivors or as we now know the bodies. So many were trapped in cars or in houses that were washed away.
What a rotten day, week , year so far….
heath [41] stay safe girl! It just started snowing here not sure how much we’re gonna get though. Oh and by the way due to the snow in the South and here, my Son is still at the Hotel. Just got off the phone with him
Here’s a link to a beautiful photo of DL along with LB and Mark S. of ET.
http://www.etonline.com/news/106392_Larry_Birkhead_Dannielynn_Keeps_Me_on_My_Toes_An_ET_Exclusive/
Rose and Ken – a very special thank you for this site and for choosing to keep it open throughout this entire saga. At times, it was difficult but you guys hung in there. I wish nothing but the best for you, Lyndal, Teresa and the moderators. We have a great group of posters here who have held out for the truth rather than the lies of other sites. Posters who care about each other as well as humanity.
May this year be a good one for everyone here.
I have read for a long time here, but have never posted much. I too am thankful however to Rose and Ken for sticking in there and keeping this site open. I would read something elsewhere and never ever believed any of it, until I saw what was said here. There are some very good posters on here and I have enjoyed reading it all. I can see the mutual respect you all have for one another and it’s a lovely thing. Am looking forward to following the MJ Case and all others that you cover. Thanks Again Rose and Ken!
How long does it take before the anger takes a back seat to living a good life?
DL and her precious Mother’s legacy have always been the focus. The pangs of outrageous fortune would have driven any typical man to despair and acquiescence with the evil money grubbers and their agenda. No, no and hell no are the hallmarks of HKS’s unrelenting defense of ANS, Daniel and DL. Such a love is rare and hardly seen.
The career prospects are outstanding for a lawyer who has had decisive victories in several State, Federal and International Courts. Few Attorneys in American history have had two successful Writs of Certiorari in the U.S. Supreme Court.
The withering attacks of government agents, the lower-class of Attorneys and despicable human life would have and many times have destroyed American individuals. In the ANS saga MSM and tabloid media drooled and cashed in on the usually scorned segments of society – ambulance chaser Attorneys and grubbing ‘relatives’. Knowing no shame MSM, governments and tabloids knowingly participated in crimes committed by VA and her low-lives as they disseminated stolen and altered media images. CA prosecutors and the now Governor of the State willingly bribed, threatened and suborned perjury to cash in on the saga for their own careers’ benefit.
The enormity of HKS’s victory in CA cannot be over-stated.
I can say it has been a pleasure blogging with well-informed decent people who first kicked to the curb the lies as they arose from the TX cabal after VA was thrown out of The Bahamas, followed the many successful Court cases in detail and never flagged in their loving support of ANS, Daniel and DL. HKS and LB are two strong men who have stepped up despite the odds. Everyone expected that they could stomp over both men, earn a fortune doing it and go on to brilliant careers – they all have a place in hell reserved and live now in a special place of shame.
Posted at 5:58 PM on Jan 11, 2011 by Only swim in the Ocean
Judge orders Michael Jackson doctor to stand trial
(AP) – 18 hours ago
LOS ANGELES (AP) — Dr. Conrad Murray, the physician who was demonized by Michael Jackson’s family and fans, was ordered Tuesday to stand trial for involuntary manslaughter after court testimony showed he administered a powerful anesthetic and other sedatives then left the pop star alone.
The ruling set the stage for what could be the final chapter in the Jackson saga — a high-profile trial that will examine all aspects of the star’s death and try to finally place responsibility for his demise at the age of 50.
Witnesses at the six-day preliminary hearing filled a number of gaps in the story of Jackson’s final hours, with accounts of his actions and the sad plight of two of his children watching briefly as their father lay dying.
Other witnesses recounted Murray’s claim that he delayed calling 911 for perhaps more than an hour while he tried to revive the singer. A security guard indicated that Murray seemed to be rushing to hide evidence before paramedics arrived.
Superior Court Judge Michael Pastor said the hearing included sufficient evidence to support a possible finding of guilt at trial. Murray’s defense attorney Ed Chernoff and prosecutors declined comment on the ruling.
Jackson’s famous family members were in court and welcomed the development.
“I’m happy so far,” LaToya Jackson said while walking to her car. Randy Jackson thanked prosecutors while flashing a peace sign outside the courtroom.
Murray, 57, has pleaded not guilty, and his attorneys have said he did not give Jackson anything that should have killed him. Murray could face up to four years in prison if convicted.
Compounding Murray’s losses in court, the judge also granted a request by the California Medical Board to suspend his license to practice medicine in California. Murray currently has offices in Nevada and Texas, but the judge ordered him to notify authorities in those states of his suspension.
Chernoff pleaded with the judge not to take the action saying, “If you do that, he’s dead in the water. He has no practice anymore. his patients have no doctor.”
Pastor said he was acting in the interest of public safety and refused to stay the ruling for an appeal. He also declined to increase Murray’s $75,000 bail, rejecting prosecution arguments that there was risk he would flee.
Witnesses at the preliminary hearing said Murray admitted giving Jackson the powerful anesthetic propofol and other sedatives then leaving him alone in his bedroom only to return and find him not breathing.
Murray’s lawyers raised the possibility that Jackson, desperate for sleep, had self-administered the final dose of propofol, causing his own death.
Prosecutors concluded their case with testimony from two doctors who said Murray acted outside the standard of medical care when he administered the propofol and failed to provide proper care.
Both witnesses said that even if Jackson had self-administered the final dose of the drug, his death would be a homicide because of Murray’s actions.
During closing arguments, defense attorney Joseph Low IV argued the case should be dismissed because prosecutors didn’t adequately prove how Murray caused Jackson’s death.
He also suggested Jackson’s health may have been a contributing cause, saying, “Sometimes when it’s your time to go, there’s nothing you can do.”
Deputy District Attorney David Walgren angrily disagreed.
“In contrast to Mr. Low’s comment, let me just say, it was not Michael Jackson’s time to go,” ”Because of Dr. Murray’s actions, Michael’s children are left without a father.”
One of the final witnesses was Dr. Christopher Rogers, chief of forensic medicine for the Los Angeles County coroner.
During cross-examination, defense attorney J. Michael Flanagan suggested Jackson could have swallowed propofol, which is meant to be administered intravenously.
While Rogers said that seemed unlikely, he said it would not have made a difference in his finding of homicide because of inadequate care by Murray.
Rogers also testified that propofol should not have been present in the bedroom because it was meant only for hospital settings. Jackson had a strong heart and was mostly healthy, Rogers added.
“The care was substandard,” Rogers said. “There were several actions that should have been taken.”
Rogers also testified that Murray was improperly using propofol to treat the musician for insomnia, and that Murray was wrong to leave Jackson’s side while he was under anesthesia before he died.
Another witness. Dr. Richard Ruffalo, an anesthesiologist and clinical pharmacologist, gave the judge an exhaustive rundown on the sophisticated medical equipment that should have been present when Murray administered propofol in Jackson’s bedroom.
Among the devices were monitoring equipment for heart and lungs and resuscitation equipment.
“You need to know what you’re doing with the expectation your patient will wake up quickly,” Ruffalo said. “Even if you’re using propofol for a short time, it can do a lot of unfortunate things, especially if mixed with other drugs.”
Prosecutors used testimony and phone records to create a timeline during the hearing of Jackson’s final hours on June 25, 2009.
Detective Orlando Martinez said Murray told police he left the room for only two minutes after giving Jackson a 25 milligram dose of propofol about 10:40 a.m. He said he returned to find him not breathing.
Phone records showed 911 was not called until 12:21 p.m.
Jackson’s burly former bodyguard Alberto Alvarez testified that Murray instructed him to place medicine vials in bags before calling 911 on the day Jackson died. Two paramedics said Murray didn’t tell them he had given Jackson propofol.
Martinez testified that Murray described a nearly 10-hour ordeal of trying to get Jackson to sleep, giving him a valium pill and two other sedatives intravenously before yielding to the singer’s demands for propofol.
Jackson called the anesthetic his “milk,” and coroner’s investigators later found several vials of it in a bag labeled “Baby Essentials” in Jackson’s closet.
Martinez said Jackson told Murray if he couldn’t get sleep, he might have to cancel his widely heralded “This is It” comeback tour. The doctor spoke of feeling pressured to give the star the propofol he wanted, the detective said.
Jackson had been receiving propofol intravenously six nights a week for the two months before his death, Murray told detectives.
Pastor set Murray’s next hearing for Jan. 25 when he will set a trial date.
AP Entertainment Writer Anthony McCartney contributed to this story.
Copyright © 2011 The Associated Press. All rights reserved.
http://www.google.com/hostednews/ap/article/ALeqM5j2xuETdpzAYtrobHi6hFVf6IFrDQ?docId=12fb2e6ebcf943bea4475b89d174b3d0
Well fellow bloggers in spite of Ken’s loud groan when I said the words… How about All things Micheal Jackson??? Sounds good to me since it is going to be in multiple courts and multiple venues (and I never followed him either in life)… Why was Dr. Murray not charged with negligent homicide??? WTH is going on with that???
Oh and I am beginning to post questions and thoughts on the community forum that DG has put a lot of time in creating… So let’s talk All Things Michael Jackson…
The article under the heading is terrific. I’m just a wee bit behind, but I wanted to mention Rosespeaks.com’s coverage and analysis of the CA trial has been nothing short of superb.
E
ETT
41
Heath
I am glad that you aren’t near there. Shell’s family is originally from Queensland and it’s hard not knowing how they are and if they are all safe. I pray for them and everyone.
44
Sammy
I stomped my feet several times with Rose wanting to give up. I mean, who can blame her and there was one time that I really thought we would be closing but Rose let it settle and decided to stay……. I stomped my feet really really hard that time…. lol
New article on Sprockets coverage of MJ is up now
If you go to community.rosespeaks.com you will find forums for all things MJ and it might be easier to talk about MJ related topics there. These are public forums, open to all. Diamondgirl is running them.
For some reason Beth was not able to post this so here goes for Beth:
Found this link to the article from another poster, it has to do with the appealing of one of Judge Perry’s cases…
http://www.insidebayarea.com/oakland-bart-shooting/ci_16983274
DA will not appeal judge’s dismissal of Mehserle gun enhancement conviction in Oscar Grant case
By Harry Harris
Oakland Tribune
Posted: 12/31/2010 03:14:10 PM PST
Updated: 01/03/2011 08:58:36 AM PST
“OAKLAND — The Alameda County District Attorney’s Office will not appeal a Los Angeles judge’s decision to drop a gun enhancement conviction of former BART police Officer Johanes Mehserle that would have added more time to the sentence he is serving for involuntary manslaughter in the Jan. 1, 2009, fatal shooting of Oscar Grant III, officials said.
In a statement issued late Thursday, District Attorney Nancy E. O’Malley said that “after a review of the transcripts recording the action taken by Judge (Robert) Perry and an extensive consultation with the California Attorney General’s Office, Criminal Appellate Division, it has been determined that efforts to appeal Judge Perry’s ruling would not change the result.”
Michael Rains, Mehserle’s attorney, said today that he believes the judge “knew what he was doing” when he made the ruling, and that the district attorney’s decision not to appeal was “appropriate considering the major uphill battle” they would have faced in successfully appealing.
Attorney John Burris, who represents Grant’s family in civil lawsuits, said he still “strongly disagrees with the judge’s analysis” but can understand why the district attorney decided not to appeal.
“I’m not surprised,” Burris said today. “The family is disappointed but they understand it would have been an uphill battle, and even if it had been granted the same judge would have conducted the retrial.”
Burris said he does not think the judge gave “due consideration” to Mehserle’s conduct and the fact that he did not tell anyone for some time that he made a mistake when he reached for his gun rather than his Taser.
He said the family still hopes that Mehserle and another BART officer present at the scene, Anthony Pirone — who has since been fired — will be prosecuted by the federal government for violating Grant’s civil rights. “It’s not over yet,” he said.
The Los Angeles County jury that convicted Mehserle of involuntary manslaughter on July 8 also convicted him of a gun enhancement clause. That conviction would have added up to 10 years to his term.
But when Perry, a Los Angeles County Superior Court judge, sentenced Mehserle on Nov. 5, he dropped the enhancement, sentencing him to two years in prison. With credit for time served, Mehserle could be out of prison in five or six months.
Mehserle was prosecuted for murder in the death of Grant, 26, of Hayward, who was fatally shot in the back by Mehserle as he lay on the platform at the Fruitvale BART station. During the trial he admitted shooting Grant but testified it was accidental and that he thought he was using his Taser to subdue him. The trial was moved to Los Angeles out of concerns that Mehserle would not get a fair trial in Alameda County because of extensive media coverage.
At the sentencing, Perry said that after a review of the testimony and other evidence, he determined no reasonable juror could have concluded Mehserle’s use of the gun was intentional and dismissed the enhancement conviction.
Mehserle is appealing his involuntary-manslaughter conviction. A state appeals court denied his request to be released on bail pending the outcome of the appeal application.”
Thanks Beth and Rose. What I take away from this is that Judge Robert Perry is thorough and completely considers his cases after hearing all the evidence rules accordingly imo.
The darkside saying that Judge Perry or his court is “crooked” is just because they did not get the outcome they wanted… Judge Robert Perry has the experience with no deep pockets or agenda and has been on the bench without bullshit for a long time and he is no Judge “Toni Lindsey” in Texas and he does not rule because of crony favors that I believe she did. That is why they are pissed imo and I find them comical with their accusations of “crooked” , They loved TL rulings but hate it when actual law is applied.
It is about time Howard make the media frenzy rounds. Glad it is on a respectful show and not one of the trash gossip shows or mag. Seems everyone wants Howard now and his story. Hope he make loads of cash! Didn’t want anyone to miss the action.
Howard Stern speaks about it all from her death to the trial…
Good Morning America on ABC News – ABC News
http://abcnews.go.com/GMA/
Howard is going to be on Good Morning America this morning to tell his side on ABC7.
Howard will appear on Good Morning America during the 2nd hour. If you miss it, go to the internet later in the morning.
Just watched ‘Good Morning America”I was glad to see Attorney Sadow with Howard,What stuck in my mind,was the question,Knowing what you know now,would you have done anything different?Howards answer,was not caring for himself,his answer was he was sorry he was not more aware of Daniel’s going on.Also very telling,Howard saw no faults in Anna,of all she did,he had nothing but good to say about her,Compare what Vergie said to the crying judge,when asked what she would have done different,”Keep her off drugs”, instead of saying,trying to love and understand my daughter and be there for her.I am glad Howard is thinking of his future.
Howard looked good dressed in casual clothing sitting alongside Saddow in Colorado. George S conducted the interview in almost a judgmental tone. Overall the interview was short. Again HKS stated he wanted to do defense work.
I missed the LB interview on ET last night and will find it on the internet instead.
SAMMY1—–You are right,George S had a judgemental tone,but I expected that,Unless you were with Howard and Anna,and Larry,did you know what Anna’s pain was,You could hear in Howards voice,he has been so hurt,that no one understood Anna was in constant pain,But that is not the American way,First make sure you rip a person apart,then find out the facts.I am happy Howard is young enough,to start over,
Sammy, go here dear and click to play on the pic for the video of Larry…
http://www.etonline.com/news/106392_Larry_Birkhead_Dannielynn_Keeps_Me_on_My_Toes_An_ET_Exclusive/index.html
Hello Liann!
My goodness! Half way thru the video interview w/ LB, DL is climbing up the ropes… She looks so very tall for 4 years old!
Guess that’s why I only made it up to 5′ 3 1/2″! I do not ignore my last half-inch!
I was probably that tall when I was 7!
VIDEO I was not impressed by the dipiction BEFORE the interview!
Howard was good, I wish he’d let his hair grow out longer though!
http://abcnews.go.com/Entertainment/howard-stern-speaks-exclusively-anna-nicole-smith-exoneration/story?id=12605887
Howard K. Stern: Anna Nicole Smith ‘Vindicated’
Stern Speaks Out in Exclusive Interview After Being Exonerated in Drug Conspiracy Case
By MIKE VON FREMD and JESSICA HOPPER
Jan. 13, 2010
“Howard K. Stern, the boyfriend of former Playboy model Anna Nicole Smith, said he immediately thought of Smith when a judge exonerated him of drug conspiracy charges last week.
“It was incredible just because I knew that I was vindicated, Anna was vindicated, who she was as a person was vindicated,” Stern said in an exclusive interview with GMA. “I was looking up at the sky and in my mind I was talking to her… it’s been a long, tough road.”
Los Angeles Superior Court Judge Robert Perry declared that Stern never had the intent to defraud when he used his name and others to obtain prescriptions for Smith while keeping her privacy intact.”
BETH—-I also noticed that Larry made it real clear,that Dannielynn gets her love and attention from his family did not mention Grandma Vergie at all.I pray until Dannielynn is 18 years old and can decide for herself,Vergie NEVER gets near her.
Good grief! I have lost all of my spelling ability lately!
depiction
Beverly, yes dear i do agree with you!
DL will be fine and I just know that Larry and Howard will make sure she knows how important education is!
I SURE DON’T MISS the ‘grandstanding’ of McC, DC, and his assistant! WHAT
s they were!
Outright LIES for selfish greed!
They are the ones who need to be investigated!
I do hope all BECOMES CLEAR as to all of their actions in the South Carolina trial!
I forget when the next move is on that, maybe Rose can post the next date? Thanks!
Have a good day!
HEATH====I cannot believe what some of the people in Australian are going though,I am watching pictures and not wanting to believe what I am seeing,That beautiful 13 year old blonde boy saved his brother and he died,the snakes lord. it is just heartbreaking Everywhere there is nothing but heartbreak.You find how helplesss you are in the face of mother nature .I am praying to the Amighty to take pity,and please help.TAKE CARE OF YOUR FAMILY GOD BLESS
beth—-I thought today was jury selection for SC.
Beth [69] We’re still waiting on court to rule on attornies fees and jury selection is set for the 21st, though we don’t think it’ll get to a jury trial.
new lead into a new Sprocket MJ article.
Beth and Beverly if you look on the right hand side on the scrolling announcements I try to keep up with what is next in both the S. C. case as well as the Supreme Court case.
JUST CAME ACROSS THIS———-University Medical Center Staffers fired for inappropriately accesssing shooting victims medial records.Three clinical support staff members,and a contracted nurse at the University Medical Center in Tuscon AZ were fired recently after it a learned they had accessd the confidential medical records of the shooting victims in Saturday’s shooting (perez Hilton site) which brings home once again the need for different names being used
yeah, news said something about that last night
Liann Thanks for the re post from swims was just great.God bless and take care of all those from down under(Australia)
I think people forget how tall Anna was and I think DL will take after her mom both with height and looks.It must be so hard for Howard to see Anna in DL,but at least he can see her.Howard’s talk on Good morning America went rather well even with some of the questions asked.He was right none of have hind sight and if we knew the future we would change it if we could.If I remember right he always said he wished he had paid more attention to Daniel during the Supreme Court hearings.
heath, I head on the news earlier that there might be a cyclone coming in on Queensland here soon?
#78 Ken yep… this drought has definetly broken… dam what a mess.. even Tasmania has floods. and it is still raining here. Everyone I know is checking there Insurance Policies and sort of putting important papers together..
.I live on a hill but with the rain not stopping it becomes a problem with runoff and water takes the easiest way down a hill. The ground is sodden. If worst happened here I would open 1 door and then open the other door and let it flow away down the hill. Tiled floors
I have been in a flood when I was younger and I built with that in mind as I could never forget it..
I am blessed to be born in Interesting times.
Good Morning,As I was reading some of the comments post-verdict on Howard,it again pleased me to know,the correct judge,who through knowledge and compassion understood this complex case.As I read a comment from the darkside.my thought was God help anyone that this person may be asked to be on a jury.Howard yesterday on “Good Morning America” said his regret was he did not pay more attention to Daniel,instead of working on the Marshall papers,this person did a Vergie ”he should have said keep her off drugs”Vergie did a good job in controlling the mindless,Vergie song against her own daughter was drugs drugs ,Anna’s own mother,did not,and would not understand the pain Anna was in,and she never gave her daughter a break,it took a judge and a jury to understand Anna had real pain for which the drugs were used.As to the amount that was Dr Kappor and Dr E business NOT H
OWARDS.
People should maybe understand Howards thinking because Daniels death is what took Anna down,IMO she just could not accept it.Like Bev I will say too bad her mother did not see that fact and try to help instead of hurt.