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 (305)
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
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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

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

I want to say first and foremost, I don’t ever want to read a slam against the Texas Courts again (just kidding) but WOW!!! For those who live in California is this Jury Questionnaire typical? This is the first of 3 steps to get on the jury of the Dr. Sandepp Kapoor, Dr. Khristine Eroshevich and Howard K. Stern in Judge Robert J. Perry court.

We read through it last night, laughed but also felt like this pool of potential jurors should feel violated.

Rule One: “You can not write on the back or add extra pages”, but how are you suppose to pass along the gossip about friends and what you really think of them? I have had a murder in my family of a cousin and her daughter over child custody, how can you explain all of that and my Aunt’s feelings in 2 lines, including the father died in California but the murders and custody was in Texas? How are you suppose to tell about picking up prescriptions, calling for an antibiotic for you or a child to save an office visit fee. How are you suppose to tell about the friend who is a nurse and said that phobias of hospitals is a good thing and not something you wanted to get over, and then proceeded to tell about huge potential fatal mistakes doctors made that the nurses had to correct or the patient would have died? How do you talk about the nurse you know who works for a plastic surgeon and the tales you heard, which may or may not have been true? How do you say in two lines about patients MUST be proactive in their care and hell yes, at my age I fire stupid doctors to their face.

Yea some cops are honest, some are not and then you have the cops who commit perjury, [remember that cop in the OJ case], and of course some cops are down right sexy. How do you explain a huge cover up of a murder not by the D. A. but by cops covering for cops and that “blue line”. How many of us watch CSI, Law and Order, the ID channel? How do you explain that any one that keeps up with the news just in California knows about the horror that happened to Cynthia Summers? How do you say that once convicted even if your opinion on hind sight you found that D. A.s are more worried about conviction rates and fighting to not overturn convictions even when clear evidence later were shown that cleared the wrongly convicted?

I don’t watch Entertainment Tonight, Access Hollywood, Inside Edition, Extra, TMZ or Fox infotainment news. But if you are even a semi intelligent news watcher, not mention the last week of news cycle about a right wing propaganda site putting up what they knew was an edited video to pull the scab off of racial fears for “page views” or “hits”?

How many of you d have favorite blogs, have a Face Book Account, a My Space, Twitter? Not to mention that for some reason LinkedIN was not listed and was it left off because it is a social media from professionals to network. Then you get into Google Alerts. How many get their news on the run in this busy world via a laptop computer or online reputable news like the AP online?

Then you get down to everything on this questionnaire becomes public record with ONLY your name protected? Is California going to pay your legal expenses when that neighbor, friend, family member, nurse who ever sues you in a Civil Court for running your mouth about them and medications, illnesses, legal problems and you just shared their life?

I was going to fill out this form in the worse type of joke, of spouse, the squeeze on the side, the lover, doctor, lawyer , Indian chief and there is not enough room so can I call home. I got to page four and said F – this.

Ken asked me who drafted this questionnaire that could not spell website [cite] correctly. I said usually the defense and D. A. fills out a wish list that the judge “rules on”, but this looks like a judge decided to take that large latitude they get in their courts because of that black robe. I wish we knew who suggested these questions and then how much did the judge impose because of his personal views?

Then once you get through this giant invasion of not only your privacy rights, but everyone you know; you get to go through a bankrupt California state doing a background check and we still don’t know if that is from speeding tickets, forgetting to pick up your dog’s poop, or something serious. If you get through both of these then you get to go threw jury Voir Dire, where the attorneys get at you hoping the court dismisses you, or the other side does so you don’t have to use one of your “precious strikes”. Not to mention as I said the extreme right wing Bible Thumpers, holier than thou or good cons will get in and a lot of good juror potentials will strike out. It is little comfort for you, your family and friends they want to know about is: “Remember: Questions are not asked to embarrass you. They are intended to make sure members of the jury have no opinions or past experiences which might prevent them from making an impartial decision.”

Here is a Jury Questionnaire from a federal court for a murder trial that involved a crime family.

My questions is that can this jury pool get through this first part, then the background check and then the Jury Voir Dire on August 2 and August 3 by the assistant D. A. and the defense attorneys and be ready to be impaneled for Opening Arguments on August 4, 2010.

Do yo think this is going to end up with the Fox Infotainment News Crowd, the Bible Thumpers, the holy then thou crowd and just those who con to get on a jury or is this a real attempt to get a “fair jury” of “one’s peers”? Share your thoughts with us.

LATEST FILINGS IN THE HARRIS COUNTY COURT IN VIRGIE ARTHUR VS. HOWARD K. STERN BREACH OF CONTRACT

July 22, 2010 Virgie Arthur’s First Amended Original Petition against Howard K. Stern.

LATEST FILINGS IN THE TEXAS 80TH COURT IN HARRIS COUNTY OF VIRGIE ARTHUR VS. HOWARD K. STERN, TMZ.COM, LARRY BIRKHEAD, HARVEY LEVIN ET AL.

July 23, 2010 TMZ.com and Harvey Levin Unopposed Motion to Withdraw as Attorneys by Susman Godfrey.

July 23, 2010 TMZ-Levin Notice of Submission of Unopposed Motion to Withdraw as Attorneys by Susman Godfrey for August 9, 2010 at 8:00 AM.

July 23, 2010 Howard K. Stern’s Reply to Virgie Arthur Response to Stern’s Motion to Consolidation cases.

July 23, 2010 Howard K. Stern’s Response and Opposition to Virgie Arthur’s Motion for Continuance of Howard K. Stern’s hearing Objecting to Personal Jurisdiction.

July 23, 2010 Howard K. Stern’s Exhibit B filed with Stern’s Response and Opposition to Virgie Arthur’s Motion for Continuance of Howard K. Stern’s hearing Objecting to Personal Jurisdiction. I did not put up exhibit A as it is the First Court of Appeals Opinion granting Stern’s Writ of Mandamus.

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 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.

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

As the California Criminal Trial of Howard K. Stern, Dr. Sandeep Kapoor and Khristine Eroshevich looms for August 4, 2010, the Estate of Anna Nicole Smith tightens the noose on four major witnesses.

You have to wonder if this will affect the credibility of Ford Shelley, G. Ben Thompson, Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson as well as attorney Susan Brown. It also appears that Magistrate Judge Thomas E. Rogers III for the South Carolina Federal Court decided to issue this Order without need of a Hearing.

On July 1, 2010 the Court in South Carolina issued an Court Order allowing the addition of Gaither Thompson II, Gina Shelley, Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia. The new defendants have twenty one (21) days to answer the Amended First Complaint so don’t look for this to go to trial before the criminal charges in California is tried to conclusion.

HERE ARE THE HIGH POINTS I FOUND IN THE COURT’S SEVEN (7) PAGE ORDER

“Plaintiff asserts causes of action for conversion, wrongful taking of estate property in violation of California Probate Code § 850, et seq., statutory and common law commercial appropriation of right of publicity in violation of California Civil Code § 3344.1, unjust enrichment/restitution, unfair competition in violation of California Business & Professional Code § 17200, et seq., violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(a)(5) and civil conspiracy.

That the Estate’s property has been distributed to other entities including Geraldo Rivera with Fox News, the O’Quinn Law Firm, former television journalist Rita Cosby, and the California Department of Justice.

Counsel for Ford has consented to the filing of the proposed Amended Complaint. See Email from MacDonald to Lantta dated October 28, 2009. Thompson has not filed a Response in opposition the motion. The only opposition comes from proposed new Defendants Brown and the Law Firm. 1 Brown argues that allowing the amendments would be prejudicial to her and would be futile as to the claims against her. Brown does not appear to oppose the addition of Gaither, Melanie and Gina as Defendants in this action or to the addition of factual allegations regarding Ford’s distribution of Estate property to other third-parties.

[Brown] argues that she would be prejudiced due to the fact that she has not had the opportunity to participate in discovery as a party. However, in his Response, Plaintiff asserts that he is not opposed to amending the deadlines in this case to allow Brown to conduct discovery.

Brown argues that, as former counsel in this case, she is immune from the claims Plaintiff seeks to allege. Generally, an attorney is immune from liability to third persons arising from the performance of his or her professional activities as an attorney on behalf of and with the knowledge of his or her client. See Hunt v. Mortgage Electronic Registration, 522 F. Supp.2d 749, 758 (D.S.C. 2007). However, both Thompson and Ford testify that they did not authorize her to distribute Estate property to the O’Quinn Law. Firm.

The Clerk of Court is directed to file the Amended Complaint, which is attached as an exhibit to Plaintiff’s Motion. Plaintiff must serve the Amended Complaint within 15 days of the date of this Order. Defendants must respond in accordance with the Federal Rules of Civil Procedure. Ok after reading the First Amended Complaint I see this is the same exhibit filed with the Court in September 2009, so nothing new here; just has not read it in almost a year.

FILINGS ON JULY 1, 2010 WITH THE SOUTH CAROLINA COURT.

July 1, 2010 Court Order allowing the First Amended Complaint to include Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1, 2010 First Amended Complaint filed by the Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit A filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit B filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit C filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit D filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit E filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit F filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit G filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit H filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit I filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

Summons to Serve on Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson

Summons to Serve on Susan M. Brown and the Law Offices of Susan M. Brown

LATEST FILING IN THE TEXAS CASE I have not had time to read any of these papers.

July 7, 2010 Virgie Arthur’s Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit A filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit B filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit C filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit D filed with Response to Art Harris Motion to Compel Production.

NEWEST FILINGS IN THE VIRGIE ARTHUR VS. HOWARD K. STERN BREACH OF CONTRACT.

July 1, 2010, Howard K. Stern’s Special Appearance to Object to personal jurisdiction.

July 1, 2010 Stern’s Exhibit A filed with Stern’s Special Appearance to Object to personal jurisdiction.

For now we are NOT going to buy these papers due to cost, if it gets traction after the beginning of the Criminal trial or the August 6, 2010 hearing on Stern’s Special Appearance, then we will begin to purchase these papers as well.

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 6, 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, Anna Nicole Smith's Estate, Anna Nicole Smith's Will, Art Harris, Attorney General Jerry Brown, attorney-client privilege, Bahamian lawyer Tracy Ferguson, Beverly Hills, Birkhead, BKD LLP, BKD LLP Computer forensics, Bonnie Stern, Bryan Cave LLP, California AG Jerry Brown, California Business & Professional Code § 17200, California Civil Code § 3344.1, California Department of Justice, California Probate Code § 850, Celebrity Trials, Charles "Chip" Babcock, civil conspiracy, commercial appropriation, commercial appropriation of right of publicity, Computer forensic expert, Computer Fraud and Abuse Act, Computer Fraud and Abuse Act 18 U.S.C. § 1030(a)(5), conversion of Estate Property, crime-fraud exception, crime-fraud exception attorney-client privilege, Dannielynn, Danny Santiago, Debra Opri Esq., Don Clark, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Elisa Miller Esq., Elizabeth McNamara Esq., Florence South Carolina, Folkens Law Firm, Ford Shelley, FOX News, G Ben Thompson, Gaither Ben Thompson II, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera, Gina Shelley, Gina Thompson Shelley, Greta -On The Record, Greta Van Susteren, Gubernatorial candidate Jerry Brown, Hachette Book Group USA, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood California, Hollywood Criminal Justice, Horizons in the Bahamas, Horizons law suit, Horry County, Horry County Sheriff, Horry County Sheriff's Department, Horry County South Carolina, Howard K Stern, Joseph C Wilson IV Esq., Karl Alan Folkens Esq., L. Lin Wood, Law Offices of Susan Brown Esq., Lin Wood, Liz McNamara Esq., Louis David Nettles Esq., Luke Lantta, Lyndal Harrington, Magistrate Judge Thomas E. Rogers III, Melodie Thompson, Myrtle Beach, Myrtle Beach south Carolina, Neil McCabe, Nicole Jennings Wade Esq., Pierce Herns Sloan and McLeod, right of publicity, right of publicity in violation of California Civil Code, Robert Klein Esq., Rose Turner, Seminole Tribe Authorities, Shane Gibson, Shane Gibson former Bahamian Minister of Immigration, South Carolina Federal Court, statutory and common law, Steve Sadow Esq., Susan M. Brown Esq., Susan P MacDonald Esq., The O'Quinn Law Firm, TMZ.com, Tom Pirtle Esq., Tracy Ferguson Esq., Tracy Ferguson of Callendar's Bahamas, unfair competition, unfair competition in violation of California Business & Professional, unjust enrichment/restitution, violation of the Computer Fraud and Abuse Act, Virgie Arthur, wrongful taking of estate property

I am not putting up Art Harris Filing the First Court of Appeals Decision to the Supreme Court of Texas as it is the same as what was sent to Judge Weiman of the 80th Harris County District Court.

TERESA STEPHENS FILING IN TARRANT COUNTY FEDERAL COURT

March 1, 2010 Stephens Motion for Relief from Judgment and reopen case or file an Appeal.

March 1, 2010 Stephens Brief in Support of Relief from Judgment and reopen case or file an Appeal.

March 22, 2010 CNN and Time Warner Response to Stephens Motion from Relief from Judgment and reopen case or file an Appeal.

April 8, 2010 Order Denying Motion for Relief and Appointment of counsel for Stephens.

TERESA STEPHENS FILING IN TARRANT COUNTY DISTRICT COURT

April 13, 2010 Stephens Motion to Vacate Order of Dismissal.

April 16, 2010 O’Dell’s Response to Stephens Motion for Continuance.

April 16, 2010 O’Dell’s Motion Compel and Sanctions for Stephens and Glenn.

April 19, 2010 Vice Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 1 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 2 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 3 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 4 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 5 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 6 Response to Stephens Motion to Vacate Dismissal.

NEWEST FILINGS HARRIS COUNTY VIRGIE ARTHUR VS. HOWARD K. STERN

April 28, 2010 Art Harris Response to Virgie Arthur Motion to Compel Discovery.

April 28, 2010 Art Harris Exhibit C Response to Virgie Arthur Motion to Compel Discovery.

April 28, 2010 Art Harris Exhibit D Response to Virgie Arthur Motion to Compel Discovery.

April 28, 2010 Virgie Arthur Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Declaration Neil McCabe Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Virgie Arthur Affidavit Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit B Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit C Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit D Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit E Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit F Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit G Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit H Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit I Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit J Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit K Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit L Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit M Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit N Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit O Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit P Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit Q Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit R Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit S Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit T Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit U Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit V Response to TMZ – Harvey Levin Summary Judgment.

Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, Carolyn O'Dell, Charles "Chip" Babcock, Dannielynn, Don Clark, Don Clark ex-FBI, Emmet Glenn, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur