Archive for the “Anna Nicole’s Nannies” Category

John J Nazarian and horse in New York City

Numerous people have asked if I had a comment or thought on “the verdicts.” That afternoon I was on my way to New York for an assignment with one of my sons. I had the driver put the limo’s radio on the local news and heard the verdicts. Funny, the day before Dr. Bubbles was reported to be in a state of tears and Howard was comforting her…I was not sure if that was a “hug” or a “head lock,” either would have been appropriate…one more than the other, LOL

(…I was fired by Dr. Bubbles…NEVER was I fired by anyone involved in this case! Anyone who can show me proof in writing that I was ever “fired,” I will pay them $5,000… …and as I warned, “Let sleeping dogs sleep.” Or I promise, there will be tears enough to fill a very big pool! Also let me just say this to try and understand my position, reality never hit home with some of these people, and when I feel like I am being lied to or bullshitted I am gone. Be right with me and I will stand at the gates of hell with you, do the other, I will be having a cold drink sitting by a nice cool stream.)

Dr. Kapoor Ellyn Garofalo Howard K Stern and Steve Sadow Dr. Eroshevich

Sure, like many I am surprised that Dr. Fabulous aka Kapoor walked away totally free…his “acts” of… …he does come across as likable… …He also had a great lawyer…

…Dr. Bubbles Eroshevich I believe never made any money in this adventure that she pursued with much gusto and energy to be in the “in crowd.” I have been told that she was paid for interviews during the “fun times” right after Anna Nicole Smith’s death. However, I have never heard of her actually making any money. If true she is the only one who did not make hundreds of thousands of dollars, THE only one. My other thought is that she came across as arrogant and not likable during the trial, smiling or those silly gigles at inappropriate times…simple, she does not come across as likable. I told Dr. Eroshevich of my concerns and that I felt that her license was in serious jeopardy. For reasons that will remain quiet, Dr. Eroshevich had choices…

…The evidence was not always 100% but keep in mind, in every lie there is a little truth. And something did happen, got it? good, get it!

For Howard, again, one of the smartest guys I have ever met, he thinks and rethinks and thinks some more. Is he a control freak? As much as he is brilliant and people with that characteristic can create havoc in their lives. Why? …With the money Anna had, a real nurse could have been hired, a real body guard could have been hired, but… …there was a great deal of truth in what was said about those dam spoons…”oh no Mr. Bill, tell me it ain’t so”….remember the “tell all,” I do.

…this jury took a great deal of time to come to the conclusions that they did. The district attorney is very much aware that they won, they got a conviction and to think that a judge is going to make it all go away? Wake up, it was Judge Perry who was told to “believe in the jury,” well he did and… ..The timing is bad, it is an election year and these defendants are in the middle of it. Steve Sadow I thought had the jury and they were getting it, I was wrong again …I still believe that Steve is a great lawyer and as I said before, this is Los Angeles and L.A. juries, well they are L.A. juries!

To read the complete article visit Desperate Exes.com, well worth the read and to give it all some thought.

http://desperateexes.com/2010/10/31/the-verdicts-are-in-trick-or-treat/.

©John J. Nazarian
October 31, 2010
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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Dr. Eroshevich Anna Nicole Smith Howard K. Stern

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
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Anna Nicole Smith trial comes to an end

It is very common in a criminal trial or even civil trials for a jury to ask for “technical legal interpretations” during their deliberations or to even ask that a witness testimony transcript be read back to them.

The questions asked that are being addressed in a morning hearing today are the following:

1. “The note from the jury stated that the language in two of the counts `speaks only to prescribing, not furnishing, aiding or abetting,’ and “How does this charge apply to Howard K. Stern?’

To me that is a no brainer. We do not have everything said in court during the trial but to the best of my knowledge no one accused or gave any testimony that Howard K. Stern has ever written any prescriptions. Picked them up, yes. Should have read them and notice his name were on a few, yes. But I have never heard of him falsifying or copying one of the doctor’s signatures to obtain any of the prescriptions. There was testimony that he was more involved then what Stern claims, but no “hard proof” was testified to. In this case I think the answer to that would be “only in the felony conspiracy charges”. I expect the judge to agree and detail this for the jury.

2. “The panel also questioned whether the verdict for Stern automatically depends on the verdicts for the two physicians, Sandeep Kapoor and Khristine Eroschevich, or whether the jurors are to consider the defendants separately.”

This one is harder to read, since I would think the felony conspiracies would be all or none, and the doctors both have stated that they did not know each other before being charged and the only common denominators were Anna Nicole Smith and Howard K. Stern. Other than the conspiracy felony charges I would think you cannot judge a lawyer for following a doctor’s direction unless the lawyer was directing the doctors which again I don’t think there was any evidence of the ole “Stern was the kingpin” as we have heard in the civil cases.

That said something more has me a tad concern. Why did Judge Robert Perry take an unscheduled vacation while a jury was out on a high profile criminal case? Unless it was an emergency and both the lawyers and jury were told that, the fact that Judge Fidler is now in charge of the deliberations phase, this gives me pause and a little concern.

I checked with court watchers and attorneys last night and could find none that unless it was a family emergency and then the deliberations are put on hold, that a judge has taken a “vacation” at the beginning of deliberations, or for that matter until the verdict came in. This includes civil, family and criminal lawyers and court watchers I checked with. The reason for that is the sitting judge for a trial has been there since hour one and knows the facts far better then any other judge.

What is more worrisome to me is the statements that Judge Robert Perry made to lawyers during the trial, especially that this was one of the three worst cases of prosecutors over reaching type statements and then reversing the direction he was going in and not throw out several charges nor did the D. A. office streamline and drop some of the charges as Judge Perry suggested. If you remember Judge Perry’s attitude and statements we have read was that he felt none of the charges reached the bar needed to prove felonies. His instinct was to toss the case until as the AP reported he spoke with another judge he had great respect for and was told to “trust in the jury system and let the case be decided by the jury”. I think we were all stunned by that sudden about face. Then the question of which other criminal judge would Judge Perry had received this advice from? Most judges do not discuss a case they are sitting on with another judge, after all judges are kings in their own courtrooms those black robes assure that. The only judge I know of that would possibly speak to a judge during a trial is the administrative judge over all of the courts. (I, E. Lindsay approached Judge West the sitting administrative judge for the whole civil division when she wanted a case transferred to her.).

Then I did more research and found that Judge Fidler IS THE ADMINISTRATIVE JUDGE for all 34 criminal courts in Los Angeles county and runs a tough court, often having his mind made up before the lawyers even argues a point, as in interrupting them in mid sentence and ruling.

This could be two things, political with Judge Fidler saying the buck stops with me and in this season of AG Jerry Brown running for governor, and the L. A. District attorney running for AG of California that Judge Fidler has stepped in to take the heat if a none guilty verdict comes back. Or it could be Judge Perry had an emergency thus prompting “an unscheduled vacation”, but would that be a vacation? Or in a long shot you could have political decisions and heat being put on Judge Fidler that the prosecution was not getting a fair shake from Judge Perry.

Whatever the reason that should give everyone a moment to pause, however that said, none of us will ever know what is going on in the background of closed offices and heat because this is a political season.

The hearing is going on now this morning, we shall see how this goes and what the judge rules. I don’t think any of us can determine what these questions means EXCEPT that the jury is seriously considering the guilt on some of the charges for the doctors.

Can y’all go through this charging document and share what has been dismissed, what is pending, and if any more charges were ever added after March 2009. Also it is the conspiracy charge that kicks in for the aiding and abetting? Or is that some where in this charging document dated March 19, 2009. I have to admit I am confused here.

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©Rose Turner
October 14, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Steve Sadow

Today begins the final arguments in the Anna Nicole Smith drug trial in California of Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor. However did Steve Sadow make a giant strategy error?

It appeared that Judge Robert Perry was on the same page and agreeing with the defense team of which Steve Sadow has become the de facto lead attorney although he only represents Stern.

We have read for weeks where Judge Perry was upset with Deputy District attorney Renee Rose and the rest of her team, many times stating he felt that the D. A.’s office was way over reaching in this whole trial and he was not sure if the D. A. office of Los Angeles had even reached the minimum bar of standard to pursue this case.

We have also read where it appears that each of the prosecution witnesses for the most part was turned into defense whiteness or in the case of the nannies that the bankrupt California paid what appears too many of us to be a mini fortune for “witnesses”.

With all of that going on anti Stern folks began to holler foul or this judge was “again bought off”, boy Stern must have a lot of hidden money to keep paying off judges in two different countries.

Based on the tone of the judge and the rulings he has made the defense suddenly announced at the end of the prosecution case they would not present a defense and would rest and go on to Motions to Dismiss and then final arguments. That caught everyone by surprise but made sense out of what we had been reading. Judge Perry appeared as I said to be on the same page as Sadow.

However last week after hearing multiple Motions to Dismiss and by his own ability to revamp the charging document, Judge Perry dismissed a large amount of the charges and strictly told the Renee Rose to simplify the charges because otherwise it would look like confusing the jury or even abusing the jury. Judge Perry went on to say this is only one of the 3 worse cases he had ever heard in his hundreds of criminal trials during his career.

Here is the sticky point did Steve Sadow at that time make a mistake that could cost his client and the two doctors dearly? When Judge Perry said this should all be misdemeanors Sadow agreed, but then Sadow went one step forward further and pointed out to the Court that once the felonies were stricken by the court then the misdemeanors had to be dropped because they had not been pursue due to the statute of limitations. At which time the AP said Judge Perry answered, “I had not thought of that”.

Thus at the end of last week, Judge Perry left at least one felony charge against Stern and multiple felony charges against Kapoor and Eroshevich. Was Sadow as an officer of the court obligated to tell the judge about the statute of limitation or did he make an error in strategy? From his last minute argument that to go forward even if the judge overruled the jury verdict it would still cost his client his law license and both doctors their medical records. Judge Perry seemed to be unmoved by this argument and returned to what most criminal presiding judges said that he felt that cases should be decided by a jury. That to me was not unexpected, how would you like to be a juror that gave up over two months of your life, to have the judge say “never mind”.

So today as the final arguments go forward many of us are amazed that happened and wonder what the jury will decide, unless Stern buys them off also, (said with tongue in cheek cause I don’t think he has the money to pay anyone off, nor would any of his lawyers ever be a part of that).

The final arguments are going to be tense, but remember Judge Perry is the one that gives the jury the final instructions and plenty of judges in the past has used that point to express such narrow scopes and tone of voice that a jury will “get it”, or have they already?

SStay tune here at Rose Speaks.com for updates throughout today.

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©Rose Turner
October 4, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Howard K Stern and Steve Sadow

$24,386 in travel expenses to bring the two loons from the Bahamas? This has to be one of the funnier aspects of this case, how these two people with little education got one of the biggest District Attorney’s offices in the United States to spring for that kind of money???

“Two years for investigators to ‘UNRAVEL THE PUZZLE’ of the case”… Oh, I have to be careful here, did that include any time in the sun? And how much did that investigation cost the State of California and the District Attorney of Los Angeles? …ever build a house of cards?

Early on I was very curious if these special agents and investigators had any idea who these people were, the witnesses and the history they carried to the circus that was developing in the Bahamas. ….Or that silly SOB who said that I had “climbed his fence”…such garbage the flies would not eat it, nasty trash.

Whatever happens it won’t make a hill of beans to most of us, and I can see this following the tidy bowl man right on down the crapper where it belongs. …Pretty incredible stuff, sure all the bloggers have their opinions about many of these people involved and how “wonderful” they are, and how “good” they are, and the interesting part is hard for some to understand that many of these people involved in this case would not empty their bladders if these “fans” were on fire. And if for one minute you question the “financial” aspects of this case and look closely you would be sorely disappointed. Judge Perry has his hand on the flusher and I think that he is going to send this case cascading into the sewer below the Criminal Courts Building here in Los Angeles.

“We believe there were felonies“…what happened to them? Did they fall through the cracks with the rest of this case? …hmmmm and that dam “spoon cooking stuff,” (special wink to my “friend”). Funny stuff as with the “cross dresser” and…

To read the complete article visit Desperate Exes.com and get John J. Nazarian’s take on all of this.

http://desperateexes.com/2010/09/28/i-hear-a-flushing-sound/.

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.

Visit our Download Section for all documents on the cases we are following:

We will be listening to all of our readers about new case. Do you have a tip for us on a case for us to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL

©John J. Nazarian
September 29, 2010
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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Howard K Stern Dr. Khristine Eroshevich and Dr. Sandeep Kapoor

“Two days to prepare for a final arguments”…it is a wonderful thing that we are not in a country that practices Japanese customs, as in when you are so badly disgraced you just disembowel yourself. Rene Rose is, as far as I am concerned, a very talented prosecutor and could never have imagined having Judge Perry glaring at her in the final weeks of such a high profile (yet boring) criminal case….

“As for the defense pretty much tossing the duck in the air, why not? (feathered pillows) It is beyond obvious that with the group of misfits that the prosecution brought to testify …that this case was very much done, real done, beyond done. In the early days I, too, agreed that Howard K. Stern’s charges were, based on the “cards” showing, innocent. …if you read the discovery and the investigator’s notes, you could see much bigger issues involving the behavior of people close to Anna Nicole Smith…. ……and then with “The Sadow” factor I knew early on things would be good for Howard K. Stern. …It is all going to be good and everyone can get on with their lives and no “tell all”…or will there be? (thank God I took real good notes when I was being offered to work on a “tell all” about the stuff that went on in and around ANS)..

“Prosecutor Rose had one last ditch effort and that was DOJ Investigator Danny Santiago, and Judge Perry kicked all that to the curb. …It was great and I owe S/A Santiago a big thanks, he spelled my name right and I appreciate that!

“… Talk about strange and colorful stories and I have wheel barrels full of them when it comes to this case. How about this? Being that I have been termed “The King of Trash,” Howard and I came up with an idea about a reality show called what else, “Trashed.” Sure, some of it was Howard’s thoughts and some of it was mine…after all it is my life’s story, right? The premise would be, well, maybe another day…it was supposedly pitched to Harvey Levin in the days before……Harvey did not like the idea and in my thoughts the reason is that it would run interference with TMZ…my thoughts.

“I could have sworn I saw Judge Perry in a knife store and he was asking about a “good knife to whittle with… …Madam Prosecutor, your preparation for a closing argument could take maybe 10 minutes. And given the temperament of this bench officer, it could even be less! And by the time Judge Perry stops “whittling,” the only thing on that charging document might be just one name, Rene Rose, Prosecutor.

To read the full article visit Desperate Exes.com to read this one and catch up on the earlier coverage as well.

http://desperateexes.com/2010/09/24/dealing-from-a-deck-stacked-with-jokers/.

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.

“Visit our Download Section for all documents on the cases we are following.

“We will be listening to all of our readers about new case. Do you have a tip for us on a case for us to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL

“©John J. Nazarian
“September 24, 2010
“Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

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Steve Sadow The Gentleman from Georgia

Per the AP, Deputy District Attorney Renee Rose was caught off guard and has asked for two days off next week. Why you ask? Steve Sadow lead attorney for Howard K. Stern and has helped both doctors as well has jointly with Ellyn Ellyn Garofalo Esq and Bradley Brunon Esq announced that the defense is not going to call ONE witness, they will rest as soon as the prosecution rests tomorrow with one final witness they intend to call.

My take is that the Judge will hear Motions to Dismiss and Whittle down charges for the jury and the defense has proven the prosecution has not reached the bar of proving beyond a reasonably doubt.

Stay tune to Rose Speaks as news breaks on all of this today.

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.

Visit our Download Section for all documents on the cases we are following:

We will be listening to all of our readers about new case. Do you have a tip for us on a case for us to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL

©Rose Turner
September 23, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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