Archive for the “Hollywood Criminal Justice” Category

The place where they should have “not guilty by reason of famed”

Dr. Khristine Eroshevich and Anna Nicole Smith

The following news clips came from someone that I have a great deal of respect for and that is Linda Deutsch, the legend from AP. I hope that she does not mind me using them, but I have a reason.

“Under questioning by Deputy District Attorney David Barkhurst, [Dr. Harold] Schueler said he did not find the powerful sleeping medication chloral hydrate in Smith’s bodily fluids because it has a very short life of about four minutes.But he said he found metabolites showing the drug had been present in large amounts and had probably been taken for eight days straight.”

Dr. Eroshevich was beyond helpful in the early stages of this investigation, to the point of suggesting that Dr. Perper dig deeper into the buttocks of Anna Nicole Smith. When he did he found “pockets of infection,” that would have gone unnoticed.. Had it not been for Dr. Eroshevich, I too believe that it would have gone unnoticed (Wondering, if you cook a medication down in a spoon, like a junkie, and then draw it up into a less than sterile syringe and inject the same into the area of the buttocks, does that leave residual material behind to cause an infection?). It was smart that Dr. Khris assisted the coroner, and more to the point that she was being open and wanting to make sure that there was no question as to the amount of medications that were still sitting in the bottles. Lots of drugs for sure, however, lots still not used. This was very smart…

“No illegal drugs were detected by the toxicology tests, he said.”

Now if I was sitting in that jury I would be right about now saying to myself, “self, why am I sitting here?” “no illegal” drugs does it not get any simpler than that? All I have to do now is hear “therapeutic” level and I should go home. This is a twist, is it not? …Dr. Eroshevich did take a great deal of care to try and monitor and control the intake of the Blond Bomb Shell…that same “bomb” that blew these peoples’ careers right into the crapper. No matter what the outcome of this “trial,” these three will be credited with the death of Anna Nicole Smith. Sure, Drumb and Drumber and The Drum Major, “march this way and follow me, I am in complete control”…

…Under questioning by lawyer Steve Sadow, who represents defendant Howard Stern, Schueler said all of the drugs except for the chloral hydrate were present in small amounts at “a therapeutic level.”

“Therapeutic Level,” I was not present, but I bet “The Gentleman from Georgia,” Steve Sadow did one of those glances towards the jury, as to say, “did you hear that?” …

…“A chart prepared by Schueler showed the medications were prescribed by numerous doctors, including some in the Bahamas, with many of the labels showing pseudonyms for Smith, including Michelle Chase, Susie Wong and Jean Smith.”

Michele Chase is back on the “set,” girlfriend! Tell me did you ever think that this would get to this point…a simple name, “Michele Chase,” if the girls at the club could see you now. Having read a great deal over the last several months I got it, the “relationship,”… …Did they fall into a political trap? Should there not be others warming the seats? Quite frankly, Dr. Eroshevich was trying her best to try and save ANS from killing herself. …She really wanted to help, and try and get it right, it is no fun sitting and traveling with a dead celebrity, quite frankly the whole thing at some point would be a real stinker. Another good word, “stinker,” “stinks” and “scheming,” let’s do this, as this trial goes along let’s pick words that will reflect what this case is really about. These are good starters, I promise there will be some Hum Dingers when the cast of characters leaves “Hooterville.”

Be sure to visit Desperate Exes.com to continue with this article and John J. Nazarian’s complete coverage of what is beginning to look more and more like a political football and not a real “crime”.

http://desperateexes.com/2010/08/11/therapeutic-levels-3-stooges-and-one-dead-celeb/.

©John J. Nazarian
August 11, 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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Ford Shelley and G. Ben Thompson

Superior Court Judge Robert Perry has said Smith’s cause of death is not an issue in the trial of Stern, Eroshevich and Dr. Sandeep Kapoor. The defendants are not accused of causing Smith’s death.”

Well that makes me wonder, Dr. Perper’s previous decisions are they final? Is this bunch totally out of the woods? It would appear that Dr. Perper has big problems coming and fast. How many times can someone fall before they die and it is still considered an accident? I guess if someone keeps falling with or with no help that could be murder. Well except in Florida. Perper was a breath of fresh air to the Three Stooges. He found that there was no foul play, or words to that effect. Now that his sense of reasoning is being questioned could this be a problem for the “magnificent three?”

The rumor has been out for awhile that maybe Florida would look into filing murder charges against Howard K. Stern, and the two docs. My research tells me that it is still a possibility, and have wondered with comments coming from the bench if this is not an omen. ….

…“The prosecutor objected to Monday’s testimony, saying the defense was trying to implant the impression that everyone around Smith was scheming to get money.”

…Prosecutor Renee Rose used the word “Scheming“ in reference to Mr. Sadow’s questioning of Da Moester and his “disc with photos.” Howard [K. Stern] knew from the start that the disc was stolen and was at his wits end trying to get it back or to stop the usage of it. After all, that was money that should have been going to the estate of Anna Nicole Smith and not to Moe & Taz (I love that name combo). …“Scheming,” everyone had an angle and to many the “scheming” continues. Along with false witness, get while the getting is good, be careful what you wish for, show me the money, The Common Good, and one of my favorites, No Good Deed Goes Unpunished.

…15th Circuit Deputy Solicitor Jimmy Richardson said the five residents are being called in the trial because they were familiar with Smith and her physical condition. “They were witnesses to the demeanor of Anna Nicole Smith,” Richardson said quoting documents from California officials.

Ford Shelley told Hyman that spending four or five days in California will put a financial hardship on the group because they will be away from their jobs. Shelley also said he told investigators in the case he had no knowledge of Smith’s demeanor.

“We were not a party to any of those things,” Shelley said during Monday’s hearing.

…”we were not a party to any of those things“, what next…”what Anna, Anna who?” “Howard Stern, I don’t like his radio show.” Come on, it is all about their fear of getting on that stand and the “Great Sadow” brings to light all of their interesting past life experiences (remember our system gives everyone a chance to attack each other …all of us have things to hide, some more than others). …Sure while in South Carolina throwing rocks was fun, shit it was nothing short of a F’n party and now? They will be getting to meet the ultimate get even guy, yup and that will be “The Gentleman from Georgia” Steve Sadow. …

Someone correct me if I am wrong, was this not the group that entered Anna’s house, [Horizons], moments after her death to make sure all of Anna’s, [Nicole Smith] and Howard’s, [K. Stern], personal property was safe and sound from “thieves?” And was that not some of the same stuff that went sailing off into the sunset to only reappear in different media outlets. No I am wrong, I am sure that never happened, I need to get some rest…

And in closing some of my readers are curious who am I supporting…I do not like anyone in this case (with the exception of one or two). My initial response was that I thought two guys were just trying to do well by a child. This I stated publicly and I do believe that the father of that little girl loves her more than life itself. I also believe that the other male in the picture also loves that child with an equal amount of love. I don’t like any of them, not one and I am sure that feeling is quite mutual and I guess it is my weeks of studying the discovery that confirmed much for me. For sure I had my own thoughts about the “players” and their behavior. The work of the investigators just made the “light” brighter and in time it all made sense. And like all of the rest I too have an agenda, would I consider it “scheming” no I don’t think so. And for any pending lawsuits I understand TRUTH IS A DEFENSE, so as long as you are not lying and have proof, you are good. Then again it could also be more like a poker player, you just never know till someone “calls.”

Interestingly John J. Nazarian continues to break his almost 3 years of silence, his next installment on Desperate Exes.com is a MUST read. I love that he is going to be in court for what I consider the “main witnesses and builder of this house of cards”. Be sure to read the rest of this article on Desperate Exes.com.

http://desperateexes.com/2010/08/10/anna-and-the-three-stooges-part-iii/

©John J. Nazarian
August 10, 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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Big Moe

One must wonder, when it comes to criminal defense, about the art of “neutering”…from what I understand the other day’s testimony given by Big Moe was nothing less than boring. He could have given that testimony over the phone via AT&T or face to face or Skype. I was not there, but I was for the prelim. If given the chance he had some great stories. I got a big kick out of Big Moe, he was entertaining and at times powerful in his testimony. However we all know that was then and this is now.

Ever notice that when Sadow smiles he looks like the shark on the tuna cans? And Ms. Garofalo, seldom does she show any teeth but when she does smile it is pleasant…a little like Boris Karloff asking “would you like some tea?” The other guy, I know nothing about except that at one time he rep’d Phil Spector…..isn’t he doing life? … I am sure they wish they never heard of “celebrity”… Then the big “Flash,” and the goose that lays all the golden eggs is found to be dead.

…Now I don’t know if Moe had a meeting with Jesus or what, but lets give him credit that he saw the light. Now I have used that expression in the past as to “seeing the light” and I too saw it and as time went by for me that light got brighter. Sadow through good lawyering and incredible ability has “trimmed” the story line that the prosecution was hoping for, and here we have Big Moe, laid out and filet’d and he just arrived.

It was written that Da Moester was “nice or easy” on Dr. Eroshevich…well, Big Moe has a soft spot, and it is nice to see a memory also. As the back story to that relationship could “sizzle”…It was also brought to my attention that when I wrote that Dr. Eroshevich “made no money” in her relationship with ANS that I was wrong. I have asked that source to present me with any proof that the good Doctor made any money from any source and I would print it. To my knowledge Doctor Eroshevich spent her own money to try and be a faithful friend to someone I do believe she cared for. Her reasons for caring I believe are two fold, she loved the Hollywood angle and she also was a doctor and had knowledge on how she could help Ms. Smith. And in saying that, if the Academy gave out Oscars for stupidity and not being able to see the smoke before the flames torched your own career, Dr. Eroshevich would have a room full of Oscars.

For all of you coming to testify against the Three Stooges crew…all I have to say is beware. Beware of Steve Sadow, this is one lawyer … If you came to court in hopes of getting “revenge” and “speaking your minds?” against the three stooges forget about it, not happening, you are done…

…Look at the coverage, this story is dead, dead as ANS, [Anna Nicole Smith],. The next big day will be the verdict, I promise that I will be back soon to get all this first hand.

For some of you I have to wonder why put yourselves through this? Surely, Renee Rose is not going to go away quietly and she is a very seasoned prosecutor and she will make the points she has to, but with Steve Sadow sitting just feet away, Ms. Rose all I can say is get used to hearing that dam southern accent and the words, “I object” !!!!!

For the rest of John J. Nazarian’s thoughts on Big Moe and the defense today wander on over to Desperate Exes.com as always it is well worth it for the rest of this article.

http://desperateexes.com/2010/08/09/big-moes-tales-cut-off/

©John J. Nazarian
August 9, 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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Big Moe and Daniel DiCriscio August 2010

It’s the morning of August 6, 2010 and I am just about to enter the court building, not knowing that the “star witness of the day” Big Moe, is right in front of me, entering the building the same time as I am. The paparazzi quickly surrounded Moe in a flood of flashbulbs! Then, I was next to be surrounded and photographed by the paparazzi pack. Once inside the court building, and through the security check, I went to the elevator to begin my journey up to the courtroom. Not realizing that one of the people in the elevator alongside of me was Virgie Arthur, Anna Nicole Smith’s mother, I started to feel that this was going to be an event more than I realized.

When I walked into the courtroom, I took a seat in the back row. Virgie, in a gray pant suit, seated to my left and an ABC reporter to my right in the same row. Linda Deutsch of the AP was seated in front of me in a bright pink blazer and pen in hand. The court room wasn’t very big, and had signs everywhere stating no cell phones or recording devices were allowed. The jury was on the left side of the courtroom, 2 rows of jurors.

Big Moe took to the stand in a pin striped suit and bronze shirt with a gold chain, and had trouble adjusting his mic. at first. Judge Robert Perry was more than accommodating to Big Moe. Anna Nicole Smith’s so called “dream team”; Howard K. Stern with his attorneys, J. Chris Smith and lead attorney Steve Sadow, Dr. Khristine Eroshevich with attorney Bradley Brunon, and Dr. Sandeep Kapoor with attorney Ellyn Garofalo sat center with the rest of their legal teams. Howard stuck out somewhat because of his bright royal blue tie and he appeared to have bad sitting posture, I thought. Dr. Kapoor was in a gray suit and monochromatic lavender shirt and purple tie. Dr. Khris opted for pin stripes!

Once the questioning began, Assistant Deputy Attorney, Renee Rose fired her inquiries at Big Moe. Steve Sadow was the “I object” person of the day…I swear he objected to so many things Renee Rose or Big Moe were saying, or the questions and how they were phrased, and on and on.

Dr. Khris’ lawyer, Bradley Brunon, also objected a few times when the questions or Moe’s answers were directed at Dr. Khris.

Big Moe started working with Anna, he said, in 2003, being introduced to her by Howard K. Stern at a photo-shoot.

Big Moe answered questions about Anna’s entourage, which consisted of Howard K. Stern, Kimmy Walthers, & Anna’s son Daniel Smith, etc. Mr. Sadow objected to the word “entourage” and it was sustained. Big Moe wasn’t exact on dates regarding Anna all the time. Although, he did say Howard K. Stern was her “right hand man”, and Kimmy was her “Assistant”, not Howard. The entourage, or crowd of people, would go with Anna to some of her occasions, but Howard went to everything. Big Moe did say that he never saw Stern do law or any other legal things, although Howard was Anna’s lawyer.

Big Moe said he always brought a Blood Pressure Cuff with him, because Anna would sometimes go without rest and he would check her.

During 2004 Anna was the spokeswoman for Trim Spa and went on tour with the Trim Spa Bus around the country, and Moe said he was pretty much on the bus the whole time. Big Moe went on to say that he saw prescription drugs on bus, and that Anna always had a backpack with a grocery bag inside with more medications in it. He did say he saw Anna take the meds. He did say he did not see what kinds were in the bag though. The E! crew, Howard, Kimmy, and Daniel were there as well on the Trim Spa bus tour.

Big Moe stated that he did see Anna take meds on the bus regularly, and she was tired a lot and slept a lot. However she did enjoy the attention from her fans he said!

He rekindled us with The Kentucky Derby meeting when Anna met Larry Birkhead, when Larry was a freelance photographer. Larry from that point became part of her crowd and joined on the bus to take pictures. Those photographs were seen in People Magazine, In Touch, etc.

At one point, one of the jurors I saw seem to be cat napping! LOL!

We then were taken on a journey of award shows when Anna was “medicated” or “Cristalized ” with the champagne, or both. Although Moe said Anna was a “casual drinker” and she loved Cristal Champagne! Anna would get slurred speech, become drowsy, and had trouble walking at one or more of these award shows. Big Moe said she would get nervous before an awards show or party, like anybody, and needed to relax. One of these award shows was The World Music Awards, when she presented Kanye West with an award in 2004. Moe said, “I saw her take her usual medications and drink before a show, and take whatever else to make her relax.” It got so bad at times that on one occasion they had to carry Anna out. He said Anna would take meds first, then drink.

One of the funniest things that happened in the courtroom was when Judge Robert Perry did not understand when Big Moe said The G Foria Awards. Judge Perry asked Moe to spell the name of the awards a couple of times and the courtroom broke out in laughter.

Another funny point in the courtroom was when Big Moe’s cell phone started to ring aloud: the ringer was the sound of a siren!

At one point, Moe painted a sweet picture of Anna when she was at Camp Kindle, a camp for children who are affected by HIV/AIDS. He said Anna loved playing with the children and really enjoyed herself. She also loved painting her face with them, she would be the person dunked in The Dunk Machine, play Camp Games, etc..

The heavy part of this inquisition was when The Bahamas came into the court room. Howard called Moe and asked him to come to the Bahamas because Daniel had died, so Moe flew into Nassau. Moe said that Anna was “a hurt lady” because of Daniel’s death and would breakdown. She was incredibly depressed. On Sept. 11, 2006, Moe talked to Anna and said she looked drained and lethargic due to Daniel’s death. At Horizons, he did say that Ford Shelley, G. Ben Thompson, Howard K. Stern, Anna, Dannielynn, and one of the nannies were there. There were two nannies, separate shifts, Alexis and Nadine. The others at Horizons included, Tracy Ferguson attorney, and Gina Shelley, Ford Shelley’s wife.

Moe said Anna was happy to see him when he first arrived. She hugged him, but was in pain from her C-section. Moe said Anna was in denial of Daniel’s passing. But she would come to life when Dannielynn was in front of her.

Moe did say that Anna would sleep during the day and get up at night. He would try to get her up and moving because she was sleeping a lot.

The infamous dish of pills became part of the inquisition. Over 20 different pills, and also some pills in bottles. Moe never saw the types or names on many of the bottles. He did mention Diazepam (Valium), B12 (liquid form) for energy, and methadone, because he saw the name on those bottles. Moe also said he saw syringes in the bathroom. He stated that Anna had a small refrigerator by her bed, four feet high, with Orange Juice, baby bottles, snacks, methadone and syringes.

He also saw the burnt spoon in the bathroom. Moe said Anna injected herself, but others injected her too, like Howard K. Stern. He explained the liquefying of the medicine and why they cooked it on a spoon. He said it draws up into the syringe easier and goes into the blood stream faster. He said he did see burnt spoons on the counter in the bathroom and in her drawer. Moe did not liquefy or cook meds on spoons.. Moe did say that Anna had two doctors, Dr. Minnis and Dr. Barrett in the Bahamas that did inject her, or administer drugs to Anna.

Moe stated that Chloral Hydrate given to Anna by Dr. Khris Eroshevich. Anna at one point would drink the Chloral Hydrate from the bottle. Moe said Anna drank the Chloral from the bottle in front of Dr. Khris and Dr. Khris told her not to do that, but Anna did it anyway.

Moe did raise his voice at one point to defend Anna’s honor and said “She wasn’t impaired all the time you couldn’t get over on her she wasn’t popping pills all day.” That may have been true but somehow sounded a little contradictory to me.

Although, this is just the beginning of this trial saga, I am sure the best is yet to come!

Be sure and follow Daniel DiCriscio’s exclusive coverage with Rose Speaks.com

©Daniel DiCriscio
August 7, 2010
Used with the permission of Daniel DiCriscio, the Messiah of Make Over
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, Daniel DiCriscio, 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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Anna Nicole Smith takes center stage

Well, what a ride, the preparation for the inevitable, the trial of Howard K. Stern, Dr. Khistine Eroshevich and Dr. Sandeep Kapoor. It is August 4, 2010 and the “machine” is warming up! ….Dr. Sandeep Kapoor looked stressed and agitated, it will not be fun having his personal journals read aloud to the jury and the audience. His journals are mean spirited most of the time and just darn nasty. The dark side perhaps, but a little “bitchy,” if you know what I mean. Yet when you speak to him he comes across as friendly and caring, what he must be thinking? …Dr. Eroshevich looked as if she had run a marathon, her hair was not coifed as it was on most days and she looked a little ragged. She looked terrible as a matter of fact. At her age, to be going through this has to be taking its toll, unlike Kapoor, she is in her twilight years. …She too is a very compassionate person and loads of fun at times to talk to. …However, the doctors as they were presented to the jury by the prosecutor just seemed terrible. Go figure what were they thinking, why was not more effort placed in getting Anna to a re-hab center?

…Betty Ford was one that I had spent many days and weeks at making sure all went as planned. Sure the treatment facility had a plan, then so did my clients!

The defense got a huge break with the return of Judge Perry, during the pre-lim he did not seem to me to be happy that this case was coming down the criminal courts highway. …Sadow however seemed to be a hit with both judges, it is that dam “Steve Factor.”

Ms. Virgie Arthur entered the courtroom at 8:35 A.M. She was nicely dressed and she too seemed comfortable and focused. She held the hand of a gentleman who I am assuming was her husband, she sat a few seats from where I was sitting. …Quiet and patient, she was there to watch and listen to those who are charged in preparing her daughter for the afterlife.

The jury entered the courtroom at 9:47 A.M. and it looked to be a good cross section of our society. This was there big “debut,” the group who would either “set ‘em free or drop the court house on ‘em.”. …Why was this not done in Florida? The Bahamas? …they come across as being sinister and conniving if you believe the prosecution…there is so much more!

Prosecutor Rene Rose was on top of her game… She is good at her job and she is tough, I felt that her presentation and cadence was right on. Steve Sadow was nothing less than fabulous, this is what this guy was meant to do. He is interesting and the good ol’ boyish in his delivery had the jury’s attention…

Much was made of the ‘names’ that were used in the course of making sure Anna stayed medicated. The name that just kept coming was “Michele Chase,” over and over again this alias was used. Hmmm I am reviewing my notes, but I recall that this was a name used by a male who would sometimes “cross dress,” and was associated with Anna Nicole Smith & Co. For many years I would visit the ‘Queen Mary’ in Studio City, California, it was owned by one of my very good friends Robert Juleff. This place was a show place with live shows of female impersonators and in the very back was a very special bar. Robert would tell me that on a busy night you could go back there and find lawyers and perhaps a judge or two, depending on what night of the week. …Michele Chase will live on forever in the Anna Nicole Smith story.

Here is my prediction, Howard K. Stern will walk, he has a great lawyer, Steve Sadow is going to have this jury eating out of his hand. Dr. Kapoor I am not sure, on paper he looks just terrible, but he too has one of the best lawyers out there, Ellyn Garafalo, she is different and has a very no nonsense attitude. For Dr. Eroshevich who is on lawyer 3 or 4, she has lots of hurdles to get over and at her age it won’t be easy getting over them. Not sure how much the prosecution will get into in all of her baggage, but most is not good. …And in saying that, she is the only one who never made a dime on her relationship with Anna Nicole Smith, it cost her money to hang around and be a “doctor!” And in the end, it may cost her including her entire career (deals are good, too bad, we hope you enjoy the view).

We will be reporting in and out on this trial as time will allow and we at DesperateExes.com wish all three of these people the best of luck…..and for those who will testify against Howard K. Stern, wear a vest and a safety belt as Sadow is going to rock your world”…and ‘”Michele,” where is my lipstick?

Be sure to read the rest of this rather sad opening at Desperate Exes.com. We have been very fortunate to have developed a good exchange between Rose Speaks.com and Desperate Exes.com over the last three years.

http://desperateexes.com/2010/08/05/stern-eroshevich-and-kapoor-trial-begins/

©John J. Nazarian
August 5, 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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Anna Nicole Smith takes center stage

Here is an update of the proceedings from this morning.

8:55 AM Deputy District Attorney Renee Rose entered her power point presentation. There is a large picture of Anna Nicole Smith with scenes of the alleged crimes, lots of pills, around her but her picture is in the middle, I assume it is there to remind the jury that Anna Nicole Smith is or was a real person

Judge Robert Perry told the Jury a couple of things as well as to the Court, that he “was going to move this case alone”. He also told the jury “it was important for them to take notes during the trial but what was more important was to watch the witnesses”. I believe that is because body language says a log about credibility. When he announced the the power point presentation by Renee Rose he said; “We are going to lower the lights almost like being in a night club”.

Deputy District Attorney Renee Rose gave a great opening and manage to make all three defendants look really bad. That is expected. Out of 1 – 10 she is given a 6.

Virgie Arthur and her husband entered the courtroom and took the seats closes to the jury a little after 9:00 AM with two of her family members. Arthur is dressed in a gray pant suit and shoes. She avoided all press as she entered and sat holding her husband’ hand. She was with tow other family members

11.00 AM for an hour Steve Sadow gave his opening statements and rated 9 on the scale of 1-10. He made a couple of points directly t the jury. “I talk for only one person here and that is Howard K. Stern”. Sadow also said a lot of these charges or medical and no a lay person and Howard K. Stern was just that, a lay person doing the best he could. Sadow also told the jury to pay attention to witnesses like Ford Shelley, Ben Thompson closely as they would prove to e real characters.” Sadow also emphasized to the jury to pay attention to motive and timing as it would become critical.

Stern looks calm, relaxed and good. Both doctors, Sandeep Kapoor and Khristine Eroshevich do not look good they look haggard, concerned and without sleep. I am guessing like deers caught in headlights.

Next up after lunch is Dr. Sandeep Kapoor and Dr. Khristine Eroshevich attorneys, Ellyn Garofalo and Bradley Brunon with their opening statements.

The court also noted that the there would be no hearing on August 26 and 27.

Judge Perry is in control and is keeping the courtroom relaxed and upbeat.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
August 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.

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

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Howard K Stern with lead attorney Steve Sadow

The Deputy District Attorney Renee Rose will be the first up this morning for her opening statement on behalf of the state of California. She is expected to touch on the facts that the defendants, Howard K. Stern, Dr. Sandeep Kapoor and Drs. Khristine Eroshevich possibly along with uncharged conspirators Anna Nicole Smith and Bonnie Stern fueled Anna Nicole Drug habit. Rose is expected to point out they illegally conspired to provide the actress with drugs.

Deputy District Attorney Renee Rose is expected to outline the state’s case with facts of allegations that the three Stern, Kapoor, and Eroshevich face 23 felony charges, including three counts of conspiracy to dispense and administer controlled substances to a known addict. conspired to use false names to obtain drugs for Smith. Rose is expected to say she will present numerous witnesses testify that Smith was weak and “zombie-like” much of the time in the months after September 11, 2006, when her 20-year-old son, Daniel Smith, died in the Bahamas hospital room where she was recovering from the birth of her daughter, Dannielynn. One of the problems expected to be pointed out is that Stern picked up prescriptions for Smith in his own name that he knew was intended for Smith. There is expectation that Rose will also allege that Stern facilitated fueling drugs into Smith because after the death of Daniel she was easier to handle Smith if those around Smith kept her knocked out. Rose is also expected to make the allegations that Stern used false names to get double doses of dangerous drugs to feed the addiction Anna Nicole Smith.

Those allegations are expected to be countered by Steve Sadow, Stern’s lead defense attorney, by arguing that the use of false names to obtain drugs for Smith was intended to protect the celebrity’s privacy. Sadow had previous stated that “He, [Stern], is being charged doctor-related activities, which doctors have specific knowledge of and he’s just a layperson.”

Dr. Eroshevich’s former lawyer, Adam Bruan told the AP that “One of their theories is that the mere prescribing of medications using a pseudonym is a crime and it’s rebutted by the fact that some of the most respected hospitals in this city use this practice to protect the privacy of some of their celebrity patients.” Dr. Eroshevich’s new attorney, Bradley Brunon, of Phil Spector fame grilled the jurors about their knowledge of prescription drugs, use, family history, the Scientologist church with one of the potential jurors and if the jurors could remain impartial. Brunon is expected to strongly produce evidence that Dr. Eroshevich was first Anna Nicole Smith’s and then after the death of Daniel worked with Stern to wean Smith off of the prescriptions. I look for the good Samaritan defense to be presented also on behalf of Eroshevich.

Ellyn Garofalo Dr. Sandeep Kapoor’s attorney is expected to point out there could be no conspiracy because Kapoor and Eroshevich had never even met before the preliminary hearing last fall. Kapoor’s lawyer has previously stated that prosecutors could make it difficult for California doctors to treat their patients for pain, adding “If this prosecution is successful, you can all plan to call the D.A. office every time you ask your doctor for a prescription for pain, because that’s going to be the standard.”

Judge Robert Perry has agreed in that past that Eroshevich, “deeply cared for Anna Nicole Smith and was well intentioned” with her treatment, “Evidence in the record strongly suggests she, [Smith] was an addict and there was a widespread and ongoing effort to obtain drugs for Smith, whom he characterized as a “strong-willed person” intent on getting drugs. Judge Perry has previously said that the doctors may have been “blinded by the celebrity of their patient.”

Dave Kettel, a former federal prosecutor who handled prescription drug cases, and is now a defense attorney, said the case may be difficult to prove because of the multiple defendants. He said prosecutors could have a hard time showing that the doctors knew they were acting improperly and that one knew what the other was doing. He also said prosecutors may have erred by naming Smith as a coconspirator in the case. “Despite her personal problems, people liked her,” he said. “The last couple years of her life were so sad. I don’t think anyone wants to blame her.”

Another defense lawyer said the case could have a chilling effect on doctors who treat patients for pain, since the doctors could be held criminally liable if their prescriptions are deemed excessive. Sadow argued that Stern should not be charged because he did not know his companion was an addict or that it was illegal to obtain medication with a prescription written out to a false name.

Steven Sadow, the lead lawyer for Howard K. Stern, said the defense team was “very pleased” with the jury of six men and six women who were sworn in Tuesday afternoon.

Lawyers predicted the trial in Los Angeles County Superior Court could last up to three months.

There has also been hints that keeping a low profile that Virgie Arthur will be present daily and sitting on the front row right behind Renee Rose.

NEWEST TEXAS STATE LAWSUIT PAPERS

August 3, 2010 Virgie Arthur’s Response to Art Harris Emergency Motion to Seal.

August 3, 2010 Howard K. Stern’s Reply to Arthur’s Response to Stern’s Motion to clarify the Rule 11 agreement.

August 3, 2010 Art Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit A file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit B file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit C file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit D file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 4, 2010 TMZ and Harvey Levin Opposition to Arthur’s Motion for Continuance, with exhibits attached.

August 4, 2010 Art Harris Notice of Hearing on Harris Second Motion to Compel Production of Documents from Virgie Arthur

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©Rose Turner
August 4, 2010
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