Just five days before a trial was to begin in which long time companion Darla Lexington was suing the Estate of John O’Quinn. It appears everyone was happy after a four hour mediation meeting between the attorneys resulted in a sealed out of court settlement.

The Texas Lawyer announced the settlement late today.

“This afternoon, Darla Lexington, the longtime companion of prominent Houston plaintiffs lawyer John O’Quinn, settled her dispute with O’Quinn’s estate and the John M. O’Quinn Foundation over assets from his estate. O’Quinn died in an automobile accident in October 2009.

…Lexington sought court orders to force the executor of O’Quinn’s estate to return property she alleged belongs to her because of her common-law marriage to O’Quinn and because she received the property as gifts.

The estate and the foundation, which is the sole beneficiary of the estate in O’Quinn’s will, claimed that Lexington was not entitled to the property because O’Quinn specified in his will that he was not married and he left his estate to the foundation.

…Jimmy Williamson, a partner in Williamson & Rusnak in Houston who represents Lexington, says the terms provide for Lexington and her security. Kathy Patrick, a partner in Gibbs & Bruns in Houston who represents the foundation, could not be reached for immediate comment.

“I’m very happy we came to a mutual agreement and the foundation can go on and honor John,” Lexington said this afternoon.

Executor Gerald Treece, an assistant dean and professor at South Texas College of Law in Houston, said he is pleased with the settlement. “As the person John selected as the executor, I’m very happy to do what was in John’s best interest and also please Darla and the foundation,” Treece said.

The settlement averted what lawyers expected to be a five-week trial beginning on Jan. 9 in Judge Mike Wood’s Probate Court No. 2 in Houston.”

One thing I noticed was the trial was to start in Judge Mike Wood’s Probate Court, the same court that Anna Nicole Smith took on Pierce Marshall!

In other news in Houston Texas today, Jerry Eversole received a break from U.S. District Judge David Hittner who sentenced, the former Precinct 4 commissioner to 3 years probation in a case that could have landed him in federal prison for up to three years and cost him up to $100,000 in fines.

KUHF reported today that Eversole was accused of accepting bribes from developer Michael Surface. The sentence is for lying to a federal investigator about money and lavish gifts the government alleges Eversole received from Surface, a longtime friend, in return for lucrative county contracts.

“Eversole had been charged with conspiracy, accepting a bribe, and making false statements on tax returns in 2003 and 2004. All those charges were dismissed.

…Eversole refused comment on his sentencing and instead, let his attorney Rusty Hardin speak on his behalf. Hardin says he was ready to play hardball with government prosecutors, if need be.

“The judge read a provision in his sentencing memo, in which we took exception, and I said that I thought it was unseemly for the government to seek to have him punished for the counts they chose to dismiss, and that they could have asked for a trial on. We’d let a jury decide and they chose not to do that. And then they wanted the judge to punish him for something they didn’t have the courage to try.”

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©Rose Turner
January 4, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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Tags: accepting a bribe, accepting bribes, Anna Nicole Smith, Celebrity Trials, common-law marriage to John O'Quinn, conspiracy, Darla Lexington, developer Michael Surface, Estate of John O'Quinn, Executor Gerald Treece, Gerald Treece, Gerald Treece assistant dean and professor, Gerald Treece Esq, Gibbs & Bruns, High Profile Trials, Houston, Houston Texas, Jerry Eversole, Jimmy Williamson, John M. O'Quinn, John M. O'Quinn Foundation, John O'Quinn, John O'Quinn died in October 2009, John O'Quinn's Estate, Judge Mike Wood, Judge Mike Wood’s Probate Court No. 2, Kathy Patrick, KUHF, lying to a federal investigator about money and lavish gifts, making false statements on tax returns in 2003 and 2004, mediation, Michael Surface, Pierce Marshall, return for lucrative county contracts, Rose Speaks Community, Rose Speaks Face Book, Rose Speaks Twitter, Rusty Hardin, Rusty Hardin Esq., sealed out of court settlement, sole beneficiary of the estate in O’Quinn’s will, South Texas College of Law, T. Gerald Treece, Texas, The O'Quinn Law Firm, The Texas Lawyer, U.S. District Judge David Hittner, Williamson & Rusnak

What started out as the Estate of Anna Nicole Smith vs. Ford Shelley, Gina Shelley, G. Ben Thompson, Gaither Thompson and Melanie Thompson, or known as the Shelley and Thompson Clan of South Carolina. The people who broke into Horizons in the Bahamas and then allegedly sold a lot of tapes and pictures to TMZ (remember the Methadone refrigerator picture), Splash (including the tasteless picture of Daniel Smith in his casket), tons of videos to Fox News including On the Record with Greta Van Susteren, Geraldo Rivera Live, and the list goes on and on. Ford was one of the first to holler, Howard K. Stern did something to Daniel and Anna Nicole Smith, and the first at the trial to say Howard never hurt Anna……… so much for credibility. The question is though where is the money that all of that sold for????

Then enters what has become the big fish, Susan M. Brown Esq., Georgia Attorney and the Susan M. Brown Law Office, did this poor woman get left holding the bag and with the O’Quinn law firm dissolved there is no one to hand it off too. Kind of like playing musical chairs and the one left standing alone when the music stops, that would be Susan M. Brown.

Brown has tap danced for two years with the same song just different steps until she finally had a Northern District of Georgia Federal Court say she had waived the attorney client privilege under the crime fraud act…… NOT good for a lawyer’s resume, not to mention the State Bar of Georgia.

Any Objections to Susan M. Brown’s current lawyers, Joseph C. Wilson IV. and Carl E. Pierce II of Pierce, Herns, Sloan & McLeod LLC, has filed to withdraw as counsel for “the Brown Defendants”, stating it would not cause any prejudice because “the discovery concerning the Brown Defendants has not begun”. Do what??? The court ruled a long time ago that because Brown has been present for all of those depositions there would not be that much extra to tidy up the suit and have it ready for trial.

However the big WHAM in the March 2, 2011 filings is asking and filing the Motion to Withdraw with the grounds set out to substantiate the withdrawing should be in a Memorandum in Support filed UNDER SEAL “Counsel is not aware of any other means to communicate the grounds for withdrawal that would protect the confidentiality of the attorney-client relationship and avoid undue prejudice to the Brown Defendants.”

However the case they quote as outweighing the right of the public right to know (I. E. the News media) on its own raises red flags of the potential seriousness of these actions. In the Knight case it states; “we explained that, while a district court has a supervisory power over its own records and may, in its discretion, seal documents if the public’s right of access is outweighed by competing interests, the presumption in such cases favors public access. The public’s right of access to judicial records and documents may be abrogated ONLY IN UNUSUAL CIRCUMSTANCES. Accordingly before a district court may seal any court documents, we held that it must 1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object. (That date was March 21, 2011 per the South Carolina Federal Court’s Docket). 2) consider less drastic alternatives to sealing the documents, and 3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting the alternatives.”

The Motion ends that “Counsel will submit the Memorandum in Support of the Motion to Withdraw to the Court for the Court’s in camera review and shall not file same until further notice from the Court.

Well folks I don’t think there will be any jury selection starting tomorrow, and as of midnight there has been no objections or request for a hearing on the filing being done under seal…

So what do you think Susan M. Brown needs to be protective from “avoid undue prejudice”?

As soon as we have the Court’s decision, and new dates for jury selection will post it, it is noticeable that no lawyer has filed to just transfer the case to them, as new attorney of record, things that make you go Mmmmmmmmmmmm.

HERE ARE THE THREE LATEST FILINGS:

March 2, 2011 Susan M Brown\'s Answer First Amended Complaint (196)
March 2 , 2011 Motion by Counsel for Susand M. Brown and The Brown Law Firm to Wtithdraw (306)
March 2, 2100 Counsel for Susan M Brwon Motion to File Under Seal Memorandum Reason Withdraw as Counsel (298)

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©Rose Turner
March 22, 2011
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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Tags: allegedly sold a lot of tapes and pictures, allow interested parties a reasonable opportunity to object, Anna Nicole Smith, Anna Nicole Smith Estate, attorney-client privilege, avoid undue prejudice, avoid undue prejudice to the Brown Defendants, before a district court may seal any court documents, Beverly Hills, Carl E. Pierce II, Carl E. Pierce II Esq., Celebrity Trials, confidentiality of the attorney-client relationship, consider less drastic alternatives to sealing the documents, Court's in camera review, crime fraud act, Daniel Smith, Daniel Smith in his casket, Dannielynn, Don Clark, Don Clark ex-FBI, favors public access, filed under seal, Ford Shelley, G Ben Thompson, Gaither Thompson and Melanie Thompson, Georgia Attorney, Geralda Rivera Live, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera Live, Gina Shelley, Greta Van Sustern Fox News, High Profile Trials, Hollywood, Horizons in the Bahamas, Howard K Stern, John O'Quinn, Joseph C Wilson IV Esq., Joseph C. Wilson IV, L. Lin Wood, Law Offices of Susan M. Brown, Lin Wood, Luke Lantta, March 2 2011 filings, March 21 2011, may be abrogated, Memorandum in Support, Memorandum in Support filed under seal, Methadone refrigerator picture, Methodone refrigerator picture, Motion to Withdraw, Motion to Withdraw as Counsel, Neil McCabe, Northern District of Georgia Federal Court, On The Record with Greta Van Susteren, O’Quinn law firm dissolved, Pierce Herns Sloan & McLeod LLC, playing musical chairs, potential seriousness of these actions, presumption in such cases favors public access, protect the confidentiality of the attorney-client relationship, provide factual findings, provide public notice of the request to seal, provide specific reasons, provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting the alternatives, public's right of access, public's right of access is outweighed by competing interests, public's right of access may be abrogated only in unusual circumstances, public's right of access to judicial documents, public's right of access to judicial records, public's right of access to judicial records and documents, raises red flag, Shelley and Thompson Clan of South Carolina, South Carolina Federal Court's Docket, Splash, State Bar of Georgia, supporting its decision to seal the documents and for rejecting the alternatives, Susan M. Brown, Susan M. Brown Esq., The O'Quinn Law Firm, TMZ.com, undue prefudice, Virgie Arthur, waived the attorney client privilege, waived the attorney client privilege under the crime fraud act, withdraw as counsel for "the Brown Defendants

When I look at this picture of Anna Nicole Smith, her son, Daniel Wayne Smith and her lover lawyer Howard K. Stern entering the U. S. Supreme Court five years ago, February 2006, little did anyone know what would happen during the next five years.

Anna Nicole Smith was pregnant with her daughter Dannielynn and the world looked bright, especially in June 2006 when the U. S. Supreme Court ruled unanimously that Smith had a right to have her appeal sent back to the lower court to decide if she was entitled to any of her deceased husband’s, J. Howard Marshall’s Estate valued over one billion dollars.

Now five years later, once again Howard K. Stern returns to the Supreme Court to hear arguments on Tuesday, January 18, 2011 to address whether Smith’s Estate is entitled to part of the Estate of a deceased husband’s estates which has now been tangled up in court for 15 years. Howard K. Stern returns alone, unless Dannielynn’s father decides to attend with Stern, to see if Smith’s lone heir gets money.

In the last five years, Pierce Marshall has died, Daniel Wayne Smith has died, Anna Nicole Smith has died and John M. O’Quinn died in an accident. Howard K. Stern faced potential career ending charges and a trial to funneling drugs to a “known addict”. Stern was cleared of that on January 6, 2011 by Los Angeles Judge Robert Perry of all charges and his life was given back intact for him to continue to practice law.

On January 10, 2011 Stern filed the Reply to Elaine Marshall’s, Pierce Marshall’s widow, Response dated December 13, 2010, to the Estate of Smith’s Writ of Certiorari filed November 12 2010 with the Supreme Court once again ruling they will hear oral arguments this coming Tuesday and again decide this mega million dollar estate. Any decision by the U. S. Supreme Court will be issued no later than the last Monday of June 2011.

You have to feel a tad sad for Stern to be returning five years later, minus so many important people in his life including the love of his life Smith and her son Daniel.

The attorneys for the Estate of Anna Nicole Smith consists of; Philip W. Boesch Jr. Esq., The Boesch Law Group, Bruce S. Ross, Vivian L. Thoreen, Holland & Knight LLP, Kent L. Richland, Alan Diamond, Edward L. Xanders, Greines, Martin, Stein & Richaland LLP

The attorneys for Elaine Marshall consists of; Roy T. Englert Jr., of Robbins, Russell, Englert, Orseck, Untreiner and Sauber LLP as well as G. Erin Brunstad Jr., Collin O’Connor Undell, and Matthew J. Delude of Deschert LLP

There has been seven Ameicus Briefs filed by interested groups including the U. S. government, some in favor of Smith’s Estate and some in favor of Marshall.

Here is a list of the other papers filed so you can become acquainted with them to discuss prior to the hearing this Tuesday. The U. S. Supreme Court has three cases it is hearing oral arguments on with this one listed as the last of the three to be heard that day.

November 15, 2010 Ameicus Brief by Legal Professors in Support of Howard K. Stern. The legal professors and lawyers listed are Richard AAron, Laura Bartell, Jagdeep S. Bhandari, Susan Block-Lieb, Robert D’Agostino, Jackie Gardina, Ingrid Hillinger, George W. Kuney, Lois Lupica, C. Scott Pryor, Keith Sharfman, Michael D. Sousa, and Robert M. Ziman.

November 19, 2010 Amercus Brief by. the Bankruptcy Trustees in Support of Howard K. Stern.

November 2010 Ameicus Brief by the United States of America in Support of Howard K. Stern..

December 20, 2010 Ameicus Brief by the National Black Chamber of Commerce in Support of Elaine Marshall.

December 20, 2010 Ameicus Brief by by Washington Legal Foundation in Support of Elaine Marshall.

December 2010 Ameicus Brief by the Center Rule of Law in Support of Elaine Marshall.

December 2010 Ameicus Brief by Legal Professors in Support of Elaine Marshall. The law professors are; S. Todd Brown, G. Marcus Cole, Ronald D. Rotunda, and Todd J. Zywicki

The Three Points the U. S. Supreme Court has decided to hear oral arguments and issue an Opinion on three questions asked to be addressed by Smith’s Estate:

1. Whether the Ninth Circuit opinion, which renders §157(b)(2)(C) surplusage in
light of §157(b)(2)(B), contravenes Congress’ intent in enacting §157(b)(2)(C).

2. Whether Congress may, under Articles I and III, constitutionally authorize core
jurisdiction over debtors’ compulsory counterclaims to proofs of claim.

3. Whether the Ninth Circuit misapplied Marathon and Katchen and contravened this Court’s post-Marathon precedent, creating a circuit split in the process, by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim.

I wonder if the Marshall money, like the Hope Diamond is going to be surrounded of the mystic of tragedy attached to it, what do you think?

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©Rose Turner
January 15, 2011
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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Tags: Alan Diamond, Ameicus Briefs, Amicus Curiae, Amicus Curiae Brief, Anna Nicole Smith, Anna Nicole Smith and Howard K. Stern, Anna Nicole Smith was pregnant, Bankruptcy Trustees, Beverly Hills, Bruce S. Ross, C. Scott Pryor, Celebrity Trials, Center Rule of Law, compulsory counterclaims, core bankruptcy function, core jurisdiction, Daniel Smith, Daniel Wayne Smith, Dannielynn, de novo review, deceased husband, E. Pierce Marshall, Edward L. Xanders, Edwin Hunter Esq. crime-fraud exception, Elaine Marshall, Englert, Famed Berverly Hills P. I. John J. Nazarian, funneling drugs to a “known addict”, G. Marcus Cole, George W. Kuney, Greines Martin Stein & Richaland LLP, High Profile Trials, Holland & Knight LLP, Hollywood, Howard K Stern, Ingrid Hillinger, J. Howard Marshall, J. Howard Marshall’s Estate, Jackie Gardina, Jagdeep S. Bhandari, John J. Nazarian, John J. Nazarian P. I., John O'Quinn, Judge Robert Perry, Keith Sharfman, Kent L. Richland, last Monday of June 2011, Laura Bartell, Legal Professors support Marshall, Legal Professors support Stern, Lois Lupica, Los Angeles, Los Angeles Judge Robert Perry, mega million dollar estate, Michael D. Sousa, National Black Chamber of Commerce, Ninth Circuit Federal Court of Appeal, Ninth Circuit opinion, non-Article III bankruptcy judges, of Robbins, Orseck, Philip W. Boesch Jr. Esq., Pierce Marshall, Richard AAron, Robbins Russell Englert Orseck Untreiner and Sauber LLP, Robert D'Agostino, Robert M. Ziman, Ronald D. Rotunda, Roy T. Englert Jr., Russell, S. Todd Brown, Susan Block-Lieb, The Boesch Law Group, The Center Rule of Law, The Hope Diamond, The Hope Diamond Curse, The Marshall Money Curse, Todd J. Zywicki, U. S. Supreme Court, United States of America, Untreiner and Sauber LLP, Virgie Arthur, Vivian L. Thoreen, Washington Legal Foundation, Writ of Certiorari

The Houston Chronicle announced that a group of Texas history buffs has purchased a vacant, partially submerged 19-acre tract near the San Jacinto Monument from the estate of the late Houston lawyer John M. O’Quinn with plans to restore it to its 1836 appearance and open it to the public as an extension of the battleground complex.

The $625,000 sale was announced this week by O’Quinn’s estate and the Friends of the San Jacinto Battleground.
The group announced it’s intention to raise the $625,000 last January and said they had until June 1, 2010 to come up with the $625,000. It appears they were close enough that the Estate of O’Quinn held the property until the purchase was complete earlier this month.

The San Jacinto battlefield is a monument to the battle that secured Texas as it’s own republic from Mexico. It is not as well known throughout the U. S as the Alamo is but it is sacred ground to Texans.

The Friends of San Jacinto president Jan DeVault said work at the site likely will begin next year as an archaeological team surveys 11 acres of the site covered with shallow water in search of a Civil War-era naval compound.

The Houston Chronicle goes on to say that although the hardest fighting in the April 21, 1826, clash between Sam Houston’s 900 Texan troops and Gen. Antonio Lopez de Santa Anna’s 1,400 soldiers occurred near the San Jacinto Monument, the newly acquired property still holds historical significance, DeVault said. “We consider it sacred ground,” she said.

In 1836, the property was transected by the Harrisburg-Lynchburg Road, and in the days leading to the final battle of the Texas Revolution, was crossed by both Mexican and Texan troops. In the weeks before the battle about 5,000 Texas settlers fleeing the Mexican advance crossed the property.

After the battle, the site was occupied by a sawmill and a small community called San Jacinto. During the Civil War, the site was home to a Confederate armory, barracks and shipyard.

The Confederate complex was covered by water as the land subsided. DeVault said archaeologists will survey the area with side-scan sonar and “make efforts to retrieve whatever we find.”

DeVault said it is significant that work at the site will begin in 2011, the battle’s 175th anniversary. “We are giving the site to the people of the state of Texas as a birthday present,” she said.

Gerald Treece, executor of the O’Quinn estate, said he was “overjoyed that we could see that this historically significant property went to the Friends of the San Jacinto Battleground, who will not only preserve it, but work to recapture the way the land looked and felt when Sam Houston marched the Texas army across it to go to battle for the state’s independence.”

If you visit us here in Texas I would say this monument is a must see and that most visitors to vist the Alamo in San Antonia Texas are disappointed. The Alamo is in downtown San Antonia and only a chapel is left with some history and a souvenir store within it’s walls. The San Jacinto sacred ground, will give more of a feel for the true history of Texas.

We will have an article up later today that recaps the testimony in California. There is not testimony or court today or tomorrow. Testimony will resume on Monday with more of the Thompson and Shelley family testifying.

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 26, 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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Tags: 175th anniversary, April 1836, archaeologists, Civil War, Civil War-era, Confederate armory, Estate of John O'Quinn, Executor Gerald Treece, final battle of the Texas Revolution, Friends of the San Jacinto Battleground., Gen. Antonio Lopez de Santa Anna', Gerald Treece, Harrisburg-Lynchburg Road, Houston, Jan DeVault, John M. O'Quinn, John O'Quinn, John O'Quinn's Executor Gerald Treece, Mexico, Republic of Texas, sacred ground, Sam Houston, San Antonia, San Antonia Texas, San Jacinto, San Jacinto battlefield is a monument, South West Law School, South West School of Law, souvenir store, Texas, Texas Revolution, The Alamo, The Houston Chronicle, The O'Quinn Law Firm

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.

Tags: Anna Nicole Smith, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Esq., Ford Shelley, G Ben Thompson, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, Judge Rober Perry, Virgie Arthur

Now the title got your attention, but it is not funny. Neil McCabe today begins the trial of Jerry Carswell’s lost heart in a cover up by a Harris County hospital. The trial starts today and is expected to last three weeks.

I expect one of the other attorneys to be at Friday’s hearing on the defamation case and I wonder if Lin Wood will be there or in California since he is listed as one of Howard K. Stern’s counsel in that case for depositions to introduce Don Clark and company.. However, Mr. Wood I believe is probably going to be there on Friday because this hearing is so important to his client in Texas.

Back to the lost heart. I have been following these cases for myself because of all of the hospital acquired infections etc. that end up killing people while they are in the hospital that is suppose to save them and I am sharing it with all of you because of the impact on this Friday’s hearing in Houston in the Harris County case of defamation and conspiracy to defame.

The death of a loved one is unbelievably hard to bear, especially when it is sudden and unexpected. It is perhaps even harder when the patient is in the hospital for a supposedly minor condition.

However, a three-month KHOU-TV last fall, November 2009, did an investigation that found evidence of what may be a national problem when it comes to medical records. It seems that some nurses, doctors and administrators have concealed, faked and even destroyed these documents when trouble happens.

Melissa Dorriety Case, Lost hospital records

Melissa, checked into Christus St. Catherine in Houston Texas for diabetes problems. There were no signs to cause her husband of 30 years to worry. Things went well and Melissa was to go home the next morning.

When her husband and son got to the hospital the next morning with bagels in hand to take Melissa home, what they found was horrifying. Melissa could not be aroused from a deep sleep by her husband and son and died soon after their arrival at the hospital. The family will always be haunted that when they, NOT the hospital staff, found Melissa she had one tear running from her right eye and down her cheek.

Melissa Dorriety’s husband, sued Christus St. Catherine but when the medical records were subpoenaed the attorney, Jim Perdue, for her family said one very important medical document was missing. It was the nurse’s worksheet showing Melissa’s condition, including the original medical notes made about her.

Jim Perdue told KHOU-TV, “That may be one thing in an isolated legal case, but not when you see it happening again and again and again.”

Sharon Rogers Case also had missing records

Rogers’ Estate found the same problem of missing hospital records when her Estate sued for medical malpractice, in that a section of her vital sign records during critical hours of her care could not be found.

KHOU-TV found evidence that this is not just one hospital in Houston Texas but during their investigation they found similar accusations regarding various hospitals around the country.

A surgeon in New Jersey removed the wrong lung from a patient. He then changed the medical record afterward, so it appeared he had in fact taken out the correct lung.

That led to New Jersey criminalizing altering or destroying medical records, but in Texas, there is no such law. WHAT??? You can make a deadly mistake and legally lose or change the records to show you did not in Texas?

KHOU-TV investigation they also discovered the Texas Department of Health could not find a record of investigating a single allegation related to concealing or tampering with medical records at any hospital in the state.

Jerry Carswell case is the one beginning a jury trial per the Court’s docket today, August 2, 2010.

I have up the latest filing on that case but read with care it is in fact a horror story and one that left me shaken.
Mr. Carswell entered the hospital through the emergency room with a kidney stone in 2004. He responded well to the treatment but Chritus St. Catherine wanted to keep him a few days to monitor his condition.

The hospital was full so the only bed for Mr. Carswell was in the pediatric ward, not where he needed to be which would have been the adult surgical wing. Early the next morning, the phone rang. Linda his wife has testified that a representative from the hospital asked her to come there immediately because an emergency had developed. Within minutes of her arrival, her life changed forever. Mr. Carswell had died about 5 AM that morning.

However, Carswell’s widow in the midst of her grief was together enough to want an independent autopsy done with the Harris County Medical Examiner’s office. The staff at Chritus St. Catherine told the grieving widow that the Medical examiner’s office had decline to do the autopsy because there was no foul play indicated in the death and instead they shipped Mr. Carswell’s to one of their sister hospitals for the autopsy. Ms. Carwell agreed for the autopsy to be done at the other hospital at the time not knowing it too was owned by Christus. Do you think she got a complete unbiased autopsy, I don’t and the records seem to bear that out.

For those of you who are not familiar with Texas statute, the medical examiner always does an autopsy if asked when the cause of death is unknown. That might have been inconvenient for Christus though because Mr. Carswell died from a drug overdose at the hands of nurses at Christus St. Catherine.

The Harris County Medical Examiner’s office could not find any record of Christus ever calling them to perform the autopsy. It was later found that Mr. Carswell’s body fluids disappeared, after his window asked for them to be saved. No blood or body fluids to test, how convenient for the hospital.

The worst news, though, came nearly two years after Jerry had been buried. His heart had been lost by the hospital and his family never notified.

After Carswell’s family filed suit, under sworn questions, the autopsy doctors said they had removed her husband’s heart and stored it in a container. When the questioning turned to who knew about the decision to remove the heart, the doctor admitted that they didn’t tell the Carswell family they were taking out the organ.

Judge Josefina Rendon of the 165th Court in Harris County issued a rare $250,000 sanction against Christus St. Catherine’s, ruling that the hospital “improperly concealed the heart tissue of Jerry Carswell in a Christus pathology laboratory.” The sanction further said the hospital also concealed blood samples, and determined that Linda Carswell’s case against the hospital had been “severely prejudiced” due to the “improper concealment of critical physical evidence.” The Court is going to give the Jury what is called an inferred direction. That means that because evidence was destroyed the jury has the right to infer that Christus St. Catherine did in fact have something to hide and so destroying evidence had to be considered by the jury hearing the case. This ruling was taken all the way up to the Supreme Court of Texas and they agreed with the trial court’s assessment of the $250,000 sanction.

As a high school coach, Jerry Carswell helped mentor students and develop some of them into professional athletes, like NFL star Bert Emanuel, who would later call Carswell the “best coach ever.”

My mother also in 1978 went into a hospital in Dallas Texas for minor surgery and died two weeks later because of miscommunications between the doctors and the hospital personnel. She died because no doctor prescribed post surgery antibiotics for her and her body became septic in 48 hours following the surgery, they agreed to pay all of the expenses in trying to save her and we agreed not to sue them.

We all know that many of our members have similar horror stories of loved ones lost to a minor condition once they entered the maze of hospitals.

Today the advice that most advocates give is have a medical advocate present to speak for you, to monitor the medication and the attention needed by the patient. It is best if someone can stay 24 hours a day. How sad is that??

So Virgie Arthur’s lead attorney, Neil McCabe, will be in a jury trial come this Friday’s hearing and I predict not before Judge Weiman on multiple Motions pending.

My question though is can a unbiased jury be seated in this medical malpractice case of this magnitude with the Jury Instructions the Court will give? How many of you have horror stories about hospitals or have heard of one?

We will keep you updated on the Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich trial as it progresses this week and also update any paperwork on the multiple Motions in both Court and the Appeals Court as they become available.

LATEST FILINGS IN THE TEXAS STATE COURT ON VIRGIE ARTHUR VS HOWARD K STERN, TMZ.COM, LARRY BIRKHEAD, ART HARRIS, HARVEY LEVIN ET AL.

August 2, 2010 Art Harris Emergency Motion to Unseal part of the deposition of Virgie Arthur to become public records with him Motion for Final Summary Judgment.

August 2, 2010 Affidavit of one of CBS’ attorneys in support of Harris Motion to Unseal part of the deposition of Virgie Arthur to become public records with him Motion for Final Summary Judgment.

August 2, 2010 Harris Notice of Submission for Oral Hearing on August 6, 2010 with all of the other things for the Court to decide.

August 2, 2010 TMZ.com and Harvey Leving Second Motion for Final Summary Judgment.

August 2, 2010 TMZ Notice of Submission of Summary Judgment without a hearing for August 23, 2010.

A couple of comments here. Even though Harris and TMZ both refer to Harris’ fling for Summary Judgment yesterday at the same time that TMZ and Levin did for some reason Harris’ Motion has not been filed. Second I think based on what the judge said on March 12, 2010 about how the dates he was setting that day, would be subject to change for multiple reasons with the fact it can take up to 3-5 years in Texas to have a suit go to trial that the Court will grant the Motion for Continuance. THIRD AND FINALLY WE ARE NOT PUTTING UP THE EXHIBITS FILED WITH THE TMZ-LEVIN MOTION FOR SUMMARY JUDGMENT BECAUSE ALTHOUGH SOME OF THE PAPERWORK ATTACHED IS NOT MARKED AS CONFIDENTIAL THOSE PAPERS CONTAIN VIRGIE ARTHUR’S LIST OF MEDICATION AND I BELIEVE ALSO HER PERSONAL DOCTORS NAME NOT JUST THE EXPERT ANY LIST OF ANYONE’S PERSONAL INFORMATION IS JUST NOT GOING TO GO UP ON THIS SITE SO YOU CAN BROWSE TOPIX TO SEE WHO BUYS THAT AND PUTS IT UP, BUT DON’T EXPECT TO SEE IT HERE. I would not wish for anyone to go through what I did because of an “accident” of filing.

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 2, 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.

Tags: $250k sanction, 165th Court of Harris County, Anna Nicole Smith, Art Harris, autopsy, Bonnie Stern, Celebrity Trials, Charles "Chip" Babcock, Christus St Catherine, Christus St Catherine in Houston Texas, Don Clark, Don Clark ex-FBI, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, drug overdose, Harris County Medical examiner, Harris County Medical examiner Houston Texas, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, hospital acquired infections, Howard K Stern, inferred direction, Jerry Carswell, Jerry Carswell case, Jim Perdue esq., Judge Josefina Rendon, Judge Weiman, KHOU-TV, kidney stone, L. Lin Wood, Lin Wood, Linda Carswell, Linda Carswell case, Lost hospital records, Luke Lantta, Lyndal Harrington, Medical examiner, medical malpractice, Melissa Dorriety, Melissa Dorriety Case, missing hospital records, Neil McCabe, New Jersey, NFL star Bert Emanuel, Rose Turner, Sharon Rogers, Sharon Rogers Case, Supreme Court of Texas, tampering with medical record, Texas, Texas Department of Health, Texas statute, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

LATEST FILINGS IN TEXAS ON VIRGIE ARTHUR VS. HOWARD K. STERN, TMZ.COM, LARRY BIRKHEAD, HARVEY LEVIN, ART HARRIS ET AL.

I have not had time to read these because of the hundreds if not thousands of pages filed by Virgie Arthur regarding two days of my deposition last night. The two depositions are in the forums for members as I go through the corrections and exhibits to see what might need to be redacted. Those supplemental filings late yesterday will be going up here part today and the rest tomorrow.

July 30, 2010 Art Harris Second Motion to Compel documents from Virgie Arthur, this is set for submission only for Monday August 16, 2010 at 8:00 AM.

July 30, 2010 Art Harris Exhibit A filed with Harris’ Second Motion to Compel documents from Virgie Arthur, this is set for submission only for Monday August 16, 2010 at 8:00 AM.

July 30, 2010 Art Harris Exhibit B filed with Harris’ Second Motion to Compel documents from Virgie Arthur, this is set for submission only for Monday August 16, 2010 at 8:00 AM.

July 30, 2010 Art Harris Exhibit C filed with Harris’ Second Motion to Compel documents from Virgie Arthur, this is set for submission only for Monday August 16, 2010 at 8:00 AM.

July 30, 2010 Art Harris Exhibit D filed with Harris’ Second Motion to Compel documents from Virgie Arthur, this is set for submission only for Monday August 16, 2010 at 8:00 AM.

July 30, 2010 Art Harris Notice of Submission of Harris’ Second Motion to Compel documents from Virgie Arthur, this is set for submission only for Monday August 16, 2010 at 8:00 AM.

July 30, 2010 Affidavit of Neil McCabe authenticating the supplemental documents filed with the Court on Friday July 30.

July 30, 2010 Day one of Rose Turner’s redacted deposition taken on April 2, 2010.

July 30, 2010 Reporter Certification of day one of Turner’s redacted deposition taken on April 2, 2010.

July 30 2010 Exhibit 002 filed as an exhibit to Turner’s April 2, 2010 deposition.

July 30, 2010 Exhibit 003 filed as an exhibit to Turner’s April 2, 2010 deposition.

July 30, 2010 Exhibit 004 filed as an exhibit to Turner’s April 2, 2010 deposition.

July 30, 2010 Exhibit 005 filed as an exhibit to Turner’s April 2, 2010 deposition.

July 30, 2010 Day four of Rose Turner’s deposition taken on May 12, 2010.

July 30 2010 Exhibit 36 filed as an exhibit to Turner’s May 12, 2010 deposition.

July 30 2010 Exhibit 37 filed as an exhibit to Turner’s May 12, 2010 deposition.

July 30 2010 Exhibit P 3b filed as an exhibit to Turner’s May 12, 2010 deposition.

July 30 2010 Copy of Virgie Arthur’s Memorandum of Law filed earlier in Arthur’s Response in Opposition of the Special Appearance of Bonnie Stern and Art Harris.

July 30 2010 Copy of Virgie Arthur’s Opposition of the Special Appearance of Bonnie Stern and Art Harris.

July 30 2010 Copy of Virgie Arthur’s Opposition of the Special Appearance of Howard K. Stern.

July 30 2010 Copy of Chrystal Baker’s Sworn Statement from 2008

This is everything filed by Virgie Arthur on July 30, 2010 EXCEPT for the hundreds if not thousands of emails between other defendants and me. There is also two parts of the filing that I do not have copies of today.

I will be moving some links and discussions from the previous article to here that relates to Judge Perry’s latest rulings as well as the new non-charged co-conspirators of Anna Nicole Smith and Bonnie Stern. I will include my thoughts on the recent rulings later today.

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
July 31, 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.

Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Don Clark, Dr. Khristine Eroshevich, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur