Ken and I would like to wish each of you a very Happy, safe and healthy New Year.

If you are going out tonight please be safe, we have had a lot of wrecks here during the holiday season so be safe.

Remember that Ken will be doing updates on both the blog and forums this weekend however neither of them will be down at the same time, his work will be on Saturday night, January 2.

We have asked that all of you think about what are the best cases we have covered this year. What are the saddest cases we have covered? What are the most interesting to you? What do you want to see in 2010 covered? You can list up to five cases if you remember that many.

For me it is for the best cases, a toss up, I am not sure if I would list the “best cases” as those who settled in a way I was pleased. So many of the people we have covered in 2009 have been heartbreaking. The most interesting one was the Howard K. Stern vs. Rita Cosby, there were so many publicly available depositions and filings in this case that for someone who loves legal papers this is the most interesting one.

The saddest cases we have covered would be the Casey Anthony case. The most frustrating one was the Roland Carnaby alleged CIA case. The federal court granted the motions for Summary Judgment so we will never learn what really happened in that wreck, why the computer went to the Secret Service, and of course this will continue to feed the conspiracy nuts. The death of John O’Quinn was another tragedy. I remember in 2007 I said that we were witnessing two titans in the legal field in the numerous Anna Nicole Smith cases and I predicted one would go on to be thought of as the top lawyer with the most recognizable name and one would retire. I was so wrong about that I still think of the people who loved this man, yes there were many, facing this first holiday season without their colleague and friend. This is followed by the Michael Jackson tragic death and the beginning of family members fighting to control his Estate. For some reason that always happens and it must be very heartbreaking for all three of Jackson’s children. The two most bizarre cases we followed in 2009 was the Lori Drew federal criminal case of violating the TOS of MySpace and of course we can’t leave out Michelle Bruan, the Hollywood Madam

For 2010, we will finish all things Anna Nicole Smith as we have always promised, although I have to admit I am really worn down on these cases and will be glad when the last one to wind up hopefully by the summer of 2010. We will cover the Casey and Caylee Anthony case in 2010, as I have said many times I do not like to cover missing or murdered children because it is heart wrenching to me. However as the documents become public in this case with three trials coming up in 2010, I feel this is a have to case to follow. I also think Michael Jackson’s death, indictments, trials and continued fighting over his Estate will be at the forefront of our coverage. Now that Roman Polanski’s appeal to drop his case in the California Appeals Court has been denied we will follow whether the U. S. is successful in expediting Polinski and if so we will cover that trial.

Please share the cases you feel were the best, most interesting and saddest in 2009. Share with us the cases you want us to cover in 2010. You can post your thoughts with us here on the blog or in the members’ only forums.

There have been so many personal tragedies for so many of you in 2009, we wish you healing and only the good memories of those of you who have lost someone remain in 2010. May each of you find peace in the New Year.

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.

Have a Happy and Blessed New Year.
Ken and Rose Turner

December 31, 2009
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, Casey Anthony, Caylee Anthony, Celebrity Trials, Dr. Conrad Murray, Estate of Michael Jackson, Ford Shelley, G Ben Thompson, George and Cindy Anthony, High Profile Trials, Hollyweird Criminal Justice, Hollywood Criminal Justice, Hollywood Madam, Howard K Stern, John O'Quinn, Ken and Rose Turner, Ken Turner, Lori Drew, Michael Jacdon's Will, Michael Jackson, Michelle Braun, Rita Cosby, Roland "Tony" Carnaby, Roland Carnaby, Rose Speaks, Rose Turner, rosespeaks.com, Susan Carnaby

Do I believe that Howard K. Stern murdered Daniel Wayne Smith or Anna Nicole Smith a/k/a Vickie Lynn Marshall, NO! Have I been asked to keep an open mind as new charges come in and, in my opinion, could prove to be much worse or some potentially very harmful little white lies; yes I have and I will! Let me say doing something stupid DOES NOT add up to murder, not even in Texas.

In papers filed this past Wednesday, September 23, 2009, the State of California continues to add felony charges in the case of State of California vs. Howard K. Stern, the question is why???

Possible answer could be, he needs an image consultant and he needs one NOW! With all of the image conscious people surrounding Howard K. Stern, why has none of them either hired or loan Stern one? If anything, other then the little white lies, get Stern convicted it will be the arrogance he portrays in pictures and probably none of the actual charges. Stern needs to know this is not a red carpet event he often attended with Anna Nicole Smith, but a black carpet event that could lead right to a locked jail cell.

Talking about getting Stern an image consultant, look what one did for Lori Drew, got rid of the bleach blond hair, soften her clothes, darken her hair and gave her a soft humble look. Why has no one been signed up YET to do this for Stern?

We have 185 pages in new affidavits, although some of it comes from the fruit of the poisonous tree. That would be those pesky stolen computers that Danny Santiago has to know the truth about by now not to mention the external hard drive. All of them Ford Shelley passed around to everyone and their dog just about and then bragged on Geraldo’s show on March 31, 2007. Remember Shelley saying “Howard will be surprise how many people have copies”, well that surprise is the one that keeps on giving if there are any more hidden around anywhere. I am not sure how the state of California will get the goodies from those into evidence, and perhaps they will not, nor will they need them to sink their target Stern in the end, he seems to be helping them.

In my opinion, it will be the pharmacies that the three investigators, Danny Santiago, Jon Genens and Jennifer Doss listed in declarations, stating they were very significant in their investigations that might sink Stern and not the stolen computers and hard drives. I would think Shelley will have no credibility left and that can toss out just about everything but the actual pharmacy records and the affidavits of experts like Jill Klessig. It does not help that pharmacists remembered and accounted tales of “drugs amounted to pharmaceutical suicide”; Stern “billed as an aider and abettor”; Kapoor’s “list of patients who were addicts” and his increased of drug prescribing for Anna Nicole Smith after Kapoor bought the medical practice from Smith’s retiring previous doctor. With headlines of; “Four doctors; nine aliases, and at least 44 different medications including methadone, two types of sedatives, muscle relaxants and “hospital heroin” painkillers”, how much more can this ship hold before it becomes the Titanic for Stern?

As the case emerges it is shaping up that Dr. Sandeep Kapoor is a “doctor feel good”, just look at all of the ex-patients and current ones being interviewed and charts not only being read but recited in these new unsealed Search Warrants and Declarations. None of which is going to bode well for Kapoor at trial. Howard K. Stern is called a” master manipulator”, allegations of being a control freak, and now comes those little white lies piling up. Add to those facts that every picture of Stern recently makes him look arrogant. He needs to look humble and not guilty. Notice the change in Dr. Khristine Eroshevich; she is surrounded by her protectors, Adam Braun and Private Investigator John J. Nazarian. Stern needs a little less Georgia cowboy and a tad more of below the radar. However, rumors of the brilliance of Chris Smith, who is Stern’s California lawyer but seems to be getting drown out by Steve Sadow, making Chris Smith look like he is only the day pass for Steve Sadow’s court appearances as the self toting “lead attorney”. Unless that is the game plan to have Sadow as the “P. R. person”, the spin doctor some would say, and have the brilliance of Chris Smith doing the work and hopefully saving his client in spite of his client’s actions.

In spite of his, [Stern’s], actions you ask? Well with Judge Chin’s recent ruling dated September 22, 2009 showing it was Howard K. Stern, of Lin Wood fame whom Wood often quoting that “sunlight is the best disinfectant” for the truth in defamation cases, only it is Stern and not Rita Cosby that was fighting to keep part of HIS deposition sealed not to mention another eleven (11) pages of Entertainment Tonight contracts. I thought the three pages accidentally filed by McNamara on Dec. 15, 2008 was bad what could these new eleven pages in contracts, amounts paid to Stern and money wired documents hold? They are due out on or by October 12, just one day before the criminal preliminary hearing in California starts. My take on reading Judge Chin’s ruling is these are NOT about the memorial service for Anna Nicole Smith with rights sold to ET, but personal contracts with Stern himself from ET.

Here is the scorecard as I see it today. Dr. Eroshevich, in spite of Danny Santiago’s detail description of some naughty photos, is really going to turn out as her attorney Adam Braun describes her. She was a next door neighbor, turned good friend or some would say from the descriptions of those three photos “very good friend”, turned Good Samaritan doctor after Anna Nicole Smith’s son, Daniel died. Dr. Eroshevich probably could teach a class in trusting equals stupidity 101, but never intentionally harming a patient, is my guess. Let’s remember she is the one who went to Dr. Perper and GAVE him the information to unravel the cause of death of Anna Nicole, let’s hope he is there for her when she needs him. A doctor can be convicted of just stupidity and if that happens in this case I will be sad. Dr. Kapoor is going to have an uphill battle fighting the “Anna Nicole Smith’s Drug Lord” label, as well as the “doctor feel good image” which is emerging out of all of those patient records and interviews which is beginning to draw a diagram for us. Howard K. Stern, well let’s just say he needs a major image consultant, remember the courtroom is a stage, and this will be the most important stage production Stern will ever star in. Spend the money, buy an image consultant and throw in a couple of good courtroom acting classes, a refresher so to say from law school.

Now could Anna Nicole and Stern have used Dr. Khris, it could be good for her if the answer is yes, however that will look horrid for Stern. Stern needs to MOVE away from Kapoor and not be seen talking so much to Kapoor, as the news heard around the world reported on the hearing from this past Wednesday, September 23. Take a lesson from Dr. Khris move away from the other defendants and look humble, learn to say “I need to look humble, and am I looking humble” internally to himself a thousand times during any future hearings.

With all of this we then add that Larry Birkhead is once again getting face and name coverage as a witness in the upcoming criminal preliminary hearing AGAINST Stern and the doctors, now why does that NOT surprise me. Ah Birkhead, perhaps you could give Stern some lessons, not on that good ole boy image Debra Opri helped Birkhead with, but as a smart and yet so very humble attorney, which is what Stern desperately needs to be seen as right now, HUMBLE!!!.

Speaking of Birkhead could his name be floating out there as a witness for the state because of the Texas state lawsuit more of us do NOT want to be in with Stern, Birkhead and company OR could Birkhead be looking to jump a potential sinking ship and find some way to get Stern and then Ron Rale off as the Executors of Smith’s Estate. What a problem that could be, to get rid of the existing line of executors to gain more control of Smith’s potential estate for Dannielynn, that might just open the door a tad wider for Texas.

So many twists and turns, right when you think nothing else can happen then multiple things all at once hit, it seems to me that Anna Nicole Smith is more popular and still as sensational an alleged mess in death as some say she was in life. All of this could not be worse in timing for Stern if additional charges and those little white, ever growing Pinocchio nose, fibs out of New York add up to even a bigger headache for Stern on or before October 12, 2009.

Another thing I have noticed, Dr. Eroshevich, one private investigator, John J. Nazarian, one lawyer, Adam Braun; Dr. Sandeep Kapoor don’t know who his private investigator is, or if he has one, his lawyer, only one, Ellyn Gerafalo. Then there is Howard K. Stern, four lawyers and who knows how many if any private investigators, but it does not look as if they have added an image consultant to his mix yet; PLEASE get Stern an image consultant, remember the name of the game at this point is HUMBLE. One has to wonder if Chris Smith is resentful that his reputation might be tarnished in his future by being the “pass” into the courtroom for Steve Sadow, lead attorney and spin doctor from Atlanta Georgia, probably Lin Wood’s golfing buddy. Stern’s team is rounded out with Lin Wood and Ms. Barth whom are both civil litigators now turned criminal specialists. When TMZ.com is the one that gives Steve Sadow the most “press time” following a hearing, knowing how they love clowns, one must ask was Bozo booked for Wednesday!

THE LATEST FILINGS IN THE TEXAS STATE CASE OF DEFAMATION:

September 17, 2009 Teresa Stephens Writ of Mandamus filed with the First Court of Appeals in Texas in connection to her Writ of Attachment and contempt of court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2438.

September 17, 2009 Teresa Stephens Exhibits filed with the Writ of Mandamus filed with the First Court of Appeals in Texas in connection to her Writ of Attachment and contempt of court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2439.

September 23, 2009 Teresa Stephens Motion for More Time to file Response Writ of Attachment and Contempt of Court filed with the 280th District Court of Harris County in Houston Texas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2440.

September 23, 2009 Teresa Stephens Notice of Submission Docket for October 5, 2009 for her Motion for More Time to file Response Writ of Attachment and Contempt of Court filed with the 280th District Court of Harris County in Houston Texas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2441.

September 25, 2009 CBS Studios Inc. Original Answer to Plaintiff Virgie Arthur’s Fourth Amended Original Complaint, Perhaps now the “Turner committed collusion with Plaintiff” can be replaced with Turner committed collusion with Plaintiff and CBS committed collusion with Art Harris an existing defendant whom they would not touch until they needed him”.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2442.

NEW YORK FEDERAL COURT TRIAL SET TO BEGIN NOVEMBER 30, 2009

September 25, 2009 the Honorable Denny Chin’s Order and Memorandum of Law Denying Cosby’s Motion to Reconsider and sets the trial date for November 30, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2443.

Pick up the latest documents in the criminal trials as well as the civil trials we cover, opened to ALL, not just members of Rose Speaks.com.

©Rose Turner
September 25, 2009
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: Adam Braun Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, CBS - Entertainment Tonight, CBS Studios Inc., Celebrity Trials, Charles "Chip" Babcock, Chris Smith Esq., Daniel Smith, Dannielynn, Danny Santiago, Debra Opri, Don Clark, Don Clark ex-FBI, Douglas Maynard Esq., Dr. Eroshevich, Dr. Joshua Perper, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Elizabeth McNamara, Ellyn Gerafalo Esq., Ford Shelley, Geraldo At Large, Geraldo Live and Direct, Geraldo Rivera, Greta -On The Record, Greta Van Sustern, Hachette Books, Harvey Levin, High Profile Trials, Honorable Denny Chin, Howard K Stern, J. Chris Smith Esq., Jennifer Doss, Jill Klessig, John J. Nazarian, John J. Nazarian P. I., Jon Genens, Judge Denny Chin, L. Lin Wood, Lin Wood, Lori Drew, Luke Lantta, Lyndal Harrington, Neil McCabe, Renee Rose, Renee Rose L.A.D.A office, Rita Cosby, Ron Rale Esq., Rose Turner, Steve Sadow Esq., Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Tommy Britian Esq., Virgie Arthur

Many of us thought Lori Drew should have never been tried, not because she is not a monster but because the law used, Computer Fraud and Abuse Act, was not applicable.

The Court in California agreed reversing the jury verdict on Friday August 28, 2009 stating that the statute Drew was tried under did not extend to cyberbullies. The statute used was the one for unauthorized use of a computer used in interconnection to other computers. In other words because it crossed state lines and My Space.com was located in California and Drew and the girl she harassed was in Missouri the federal government decided to use the unauthorized use of a computer to cross state lines.

Sadly this is done all of the time, how many of us have been the victim of cyber bullies? However, the law used stating that Drew had violated the TOS on MySpace.com was a lame attempt in my opinion to try someone under the Computer Fraud and Abuse Act statute that did not exist and did not reflect the cyber bully of Drew but the fact it crossed state line.

The Lori Drew case has caused states across the nation and a federal statute is pending that to cyber bully is a crime by itself.

The law Drew was tried under CFAA 18 U. S. C. which is used to prosecute those who access say vulnerability of an email server and knowing what you were doing is wrong or a reasonable person would know it was one.

Like MySpace.com and many other sites we also require you to acknowledge out TOS, [Terms of Service], and Privacy policy while signing up to join the main part of the site. I feel this is going to become more prevalent and used more to avoid just the “I never read it, never saw the separate link at the bottom of the page and you can’t prove I read it” defense.

Now most sites has the TOS and the violations and in which state the applicable laws will apply as part of the actual registration of a site.

So should the government have wasted the money to try Lori Drew in this time of economic hardship? Did the prosecution of Drew cause a spot light on cyberstalking and cyberbulling? If it did that then perhaps it was money well spent but in my opinion most states saw the current laws had not caught up to technology and passed laws addressing these issues.

Yes we need to keep laws current and up to date in this new electronic frontier, but the statute used to try Lori Drew was never designed to be used for cyberbullies. The federal government has it hands full on “real” unauthorized used of computers or exploiting the vulnerability of serves. Most of those cases all ready find their way to file 13 because of lack of funds for man hours and prosecution.

Lori Drew will have to live with what she did and sadder still so will her daughter. That is a mighty burden to have to carry through life, not to be mention the disdain people will always show to Drew and her family.

So should the government have tried Lori Drew on the federal statute, CFAA 18 U. S. C., that was never meant to be used that way? Did prosecution shine a light on the newest form of school yard bullies?

Share your thoughts with us and here is a list of final documents on the USA vs. Lori Drew case, which the government by he way can appeal the dismissal or choose to retry her on the one felony count the jury was deadlock on, should the government do either of this or settle for the spotlight this case created and the laws changed because of the case?

The final documents in the Lori Drew Conviction overturned by the Judge in the Southern District of California:

May 3, 2009 Lori Drew Sentencing Brief in case her case was not dismissed under Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2386.

May 3, 2009 Lori Drew Exhibit A filed with Sentencing Brief in case her case was not dismissed under Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2387.

May 6, 2009 USA Brief and Memorandum of law in the Lori Drew case in the event the Judge does not dismiss the case under Lori Drew filing of Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2388.

May 7, 2009 Court Order allowing Lori Drew to file a Supplemental sentencing brief under seal in the event the Judge does not dismiss the case under Lori Drew filing of Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2389.

May 11, 2009 USA Response and Memorandum of law in Response to the Supplemental filing of Memorandum of law by Lori Drew case in the event the Judge does not dismiss the case under Lori Drew filing of Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2390.

May 13, 2009 Lori Drew Response to USA Sentencing Brief and Memorandum of law in the event the Judge does not dismiss the case under Lori Drew filing of Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2391.

May 15, 2009 Lori Drew’s Application to remain out on bond pending the appeal of her conviction in the event the Judge does not dismiss the case under Lori Drew filing of Rule 26 as pending before the Central District California federal court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2392.

May 18, 2009 Notes of Court Minutes of hearing on argument to dismiss by Lori Drew’s conviction and taking victim impact statements and setting sentencing date of July 2, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2393.

July 2, 2009 Notes of Court Minutes of hearing on argument to dismiss by Lori Drew’s conviction and court ruled that it would probably dismiss on Rule 26 and held off on sentencing until Court read Rule 26 Briefs.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2394.

August 5, 2009 Lori Drew Motion for access to computer for a new job she was offered and Court granting it while writing the Memorandum to grant Lori Drew’s dismissal under Rule 26 Motion.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2395.

August 28, 2009 Court Order over tuning Jury decision on all misdemeanor convicts and dismissing all charges on Lori Drew.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2396.

©Rose Turner
September 2, 2009
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: ACLU, CFAA 18 U. S. C., Computer Fraud and Abuse Act, Cyberbully Lori Drew, Fedral Court Central District for California, Fox Interactive Media, H. Dean Steward Esq., High Profile Trials, Honorable George H. Wu, Jae Sung MySpace.com, Jerry Shreeves, Josh Evans, Judge George H. Wu, Judge Wu, Lori Drew, M.T.M., MySpace, MySpace.com, MySpace.com Privacy Policy, MySpace.com Terms of Service, MySpace.com TOS, MySpace.com User Agreement, MySpace.com website, O'Fallon Missouri, Orin S. Kerr Esq., Police Officer Lutz, Sarah Drew, Tina Meier

There are some new papers coming out today in several of the cases and jurisdiction; from Texas to California and then of course the sentencing of Lori Drew. There was a fight there as to whether the court should allow the parents of the dead girl give victim statements before the hearing. I hope they do, and I will have a discussion up about that today while listing new documents here on multiple filings in several jurisdictions.

Keep checking back the new documents will be listed here and on the first page of the Rose Speaks.com site.

Happy Monday everyone and as always thanks for flying Rose Speaks!

©Rose Turner
May 18, 2009
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, Celebrity Trials, Elizabeth McNamara, Hachette Books, Howard K Stern, L. Lin Wood, Luke Lantta, Rita Cosby, Rose Turner

Rose Speaks.com will be updating this weekend for the BLOG part only. The blog main data base will be rolled back and changed over at about midnight [Sunday December 28], IF the current theme works then all will go smoothly, if not it will be a tad bumpy through part of Monday. Yes we did not finish on Saturday night so it is being done tonight [Sunday] If the blog is down a few hours late at night never fear the full blog is always saved in a roll back database. We will also be adding some new features like a much easier category section, and a translation into several other languages we have been asked to add. We hope we keep improving and you keep stopping by to read.

We thought we might add this bit about cases, old and new ones you have told us you would like Rose Speaks.com to follow. If you want something added to this list, please post it here and let us know.

Casey Anthony – Caylee Anthony – George and Cindy Anthony – Lee Anthony – Anthony case.

The Mike Corona case out of Orange County California, and the interwoven cases that have all come from this case (I.E. Don Haidl and before Corona’s case how it relates to Haidls’ son’s case, And the tail of the two Debbies)

Illinois Governor Rod Blagojevich and his staff and family as they all began to lawyer up.

Dr. Cyril H. Wecht – Because you just can’t make this up, the government needs help in a change of venue to “convict” the doctor on the second go round, cause the people love him.

D. C. Madame, Deborah Palfrey and her Estate.

Henry T. Nicholas III – California Billionaire, just had to allegedly possess and with intent to distribute drugs, with secret rooms beneath his homes. You have to just love California and what they bring to us, last year Anthony Pellicano and this year Henry T. Nicholas III.

The Hogan family’s continued problems and associated lawsuits.

Michelle Braun, Millionaire Madame and her Client list you are not going to believe who all is included and those she intends or might take down with her unlike the D. C. Madame, Deborah Palfrey.

Lori Drew, the ultimate case of cyber bullying and what her conviction is going to do to the rest of the nation in new laws.

A couple of Rock Bands just to spice things up here on Rose Speaks.com with people who know them well and are willing to give us their take on the current woes a couple of these bands find themselves in.

Thanks to Sprocket the ongoing Phil Spector trial in California, take two.

Roland Carnaby Civil Rights case from Houston Texas of an alleged CIA or FBI operative gun down, who died from gun shot wounds causing death due to blood lost, and why no one is standing trial for this death listed as a “homicide”.

Two Yale Law Students who decided to sue anonymous blog posters for defamation and what this also might generate in online defamation and/or law changes.

New Cases that catches the attention of John J. Nazarian P. I. – Security Consultant, whatever catches the fancy of Mr. Nazarian, we hope he will share with Rose Speaks.com.

All things Anna Nicole Smith related as many of those trials come to an end in 2009. Which by the way the New York Judge has granted Howard K. Stern’s legal team’s request for more time to answer Rita Cosby’s Motion for Summary Judgment. The new date due is February 6, 2009, based on that all of the paperwork filed by Elizabeth McNamara on December 15 was wrong and so had to be refiled on December 19, 2008.

If there is a case you would like to see us follow, let us know, and if we can we will. If you would like to follow a case and write articles for the blog, we welcome you, just drop us an email.

There will be a new article up on Casey Anthony today, and debunking of the blond ambitious, Cosby’s book will be up before the stroke of midnight on December 31.

©Rose Turner
December 27, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the 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, Casey Anthony, Caylee Anthony, Deborah Palfrey, Dr. Cyril H. Wecht, George and Cindy Anthony, Hachette Books, Henry T. Nicholas III, Howard K Stern, Hulk Hogan, Illinois Governor Rod Blagojevich, John J. Nazarian P. I., Lana Clarkson, Lee Anthony, Lin Wood, Lori Drew, Michelle Braun, Phil Spector, Rita Cosby, Rod Blagojevich, Roland Carnaby, Rose Speaks.com site maintenance, Rose Speaks.com site updates, Sprocket, Susan Carnaby, The D. C. Madame, The Hogan family

In Los Angeles California, today will begin the trial of Lori Drew for “Violating the Terms of Service of My Space.com”. When you read that sentence, I think we all go WTH, violate the terms of service of an internet site and go to jail? Yet in the Landmark case of the government vs. Lori Drew that is exactly what is happening and it could change the internet world forever.

Prosecutors in Los Angeles will try to prove that Drew knew she was breaking the Terms of Service of the social networking website MySpace.com by creating a fictitious 16-year-old heartthrob named Josh Evans to woo, then humiliate a minor girl to the point she killed herself. The ultimate Cyber Bully, but is this trial fair to the rest of us that could be affected forever by this case.

As a headline in a newspaper in Australia said yesterday, this could result in something to the affect of, “Say goodbye to anonymity on the web.” The online paper goes on to say:

“So what did they charge with?

How about ‘conspiracy and fraudulently gaining access to someone else’s computer’.

Yup … that’s it and as much of a twist of the laws as it might be this is exactly what they got indictments against Ms. Drew which has more than a few legal scholars a little worried. The one thing that was in Lori Drew’s favour though was that the judge hearing the case had originally said that any evidence relating to … suicide would be excluded from the trial. Considering that the young girl’s death had nothing to do with whether any computer fraud laws were broken this made sense.

Unfortunately, though the judge has now reverse his decision and this evidence will be allowed. In light of how emotionally charged this whole matter is evidence such as this will make it very hard for a fair trial to be heard on the charge of computer fraud; as that is the only charge against Lori Drew.

So how does this affect any use of anonymous accounts or aliases?”

After months of many of us saying that this was a horrible example of an adult bullying a child but it did not meet the criteria of the Computer Fraud and Abuse Act and would never see a courtroom we have now been proved wrong and the trial of Lori Drew begins today. In recent weeks U. S. District Judge George Wu appeared to have agreed with most of our armchair take in this with his initial hints of rulings to be expected with comments leaning toward either dismissing the case outright or barring prosecutors from mentioning the death of the minor child. However, on Friday, Judge Wu stunned a globe of sites/forums/blogs following the case by deciding that the case would go forward, suicide and all. In an irony he mentioned a Law and Order television program on NBC called SVU that had a segment last week based on the Lori Drew case.

Dean Steward, Drew’s lawyer had said that if the suicide of the girl was allowed into the trial that the jury would convict his client, himself and anyone sitting near him. Perhaps he maybe closer then he might think in that assessment with the Pro Bono Expert Orin Kerr deciding he could not attend the trial citing that this is the last week of classes at George Town University on the East Coast after paying the fee to appear Pro Hac Vice to represent Drew.

The case against Drew marks the first time the Computer Fraud and Abuse Act has been used to pursue allegations of cyber bullying rather than computer “hackers”, those whom have intentionally access a computer without access or exceeds the access they know they have to take something from that computer or network.

State and local governments have passed laws to address cyber bullying, in part out of frustration after local, state and federal prosecutors in Missouri stated they could not find a statute to try Drew under. NO ONE is claiming that cyber bullying is not a horrible phenomenal effect on the world web net where anonymity is the rule of the day and thereby allows bullies to do things they would seldom think of doing face to face. There are federal laws pending in congress to address cyber bullying now pending for the new congress to take up next year.

Why is Drew then being tried in Los Angeles? Federal prosecutors in Los Angeles tried the computer fraud approach, claiming jurisdiction because MySpace.com’s computer servers are in that court’s district.

The statute being used has been challenged so extensively in pretrial motions that many of us have predicted the trial would never take place and more people on the internet then ever before understands what “hacking” is. It does not mean what many of us thought of the old vision of someone “hacking” into a site to take it down so in that respect this case has served as a teaching tool to millions of internet users.

Per one of the best articles outlining the case out of Saint Louis, Missouri, it restates in easy to understand language the basis of what the government has to prove including all four parts of the Computer Fraud act of:

“That Drew “intentionally accessed a computer without authorization or in excess of authorization.
That the access involved interstate communication.
That Drew obtained information that way.
That it was done “in furtherance of a tortious act in violation of the laws of any State.” In this case, the alleged tort is the intentional infliction of emotional distress, with the suicide as proof.”

The government’s case hinges on the fact that Drew violated the MySpace “terms of service,” which prohibit lying when registering, or soliciting information from someone under 18 and/or harassing other users. As we have noted almost all sites, including Rose Speaks.com has Terms of Service and a Privacy Statement as does others sites examples of TMZ.com, MySpace.com, Topix.net and thousands of other online forums/sites/blogs.

The article in the Saint Louis papers states in part, “To prove the elements of emotional distress, prosecutors normally would have to show the conduct was intentional and “beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”

If Drew is convicted, each charge carries a potential penalty of five years in prison. Judge Wu did rule however that the jury could find her guilty of a misdemeanor charge of unauthorized access to a protected computer that would mean much less than a year, and possibly probation for Drew.

The girl who committed suicide father, Ron Meier, is in Los Angeles, where he says he will stay until the end of the trial.

Per the Saint Louis newspaper article, “Meier did say that a guilty verdict and even minor punishment would be enough if it came with a broader awareness of cyber bullying.”

I think we all hope that laws that fit the crime as many here at Rose Speaks.com knows address cyber bullying. It has become almost insane in nature as to how some of our members and moderators have been stalked online and have had everything about their private lives that can be dug up put out on the internet to scare and/or harass them.

We are hoping one of our Los Angeles Court Watchers will be writing on this case from inside the courtroom this week so stay tuned to Rose Speaks.com for the latest in coverage of the USA vs. Lori Drew.

You can pick up all of the papers in the Lori Drew Case in our download section Opened to ALL not just registered members.

©Rose Turner
November 18, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: Computer Fraud and Abuse Act, Cyber Bullying, Dean Steward, Josh Evans, Judge George Wu, Judge Wu, Lori Drew, MySpace Cyber Bully case, Orin Kerr, Orin S. Kerr, Ron Meier, TMZ.com, Topix.com, U. S. District Judge George Wu

In papers filed through yesterday, November 12, it appears that alleged Cyber bully, Lori Drew seems headed for trial on November 18, just a few days from now.

The AP reports on the hearing held on Monday November 10 that, “Prosecutors in the trial of a woman accused of a MySpace hoax that allegedly led a 13-year-old girl to kill herself will likely be prohibited from presenting evidence of the suicide, a federal judge said Monday.

U.S. District Judge George H. Wu told attorneys he was leaning toward excluding the evidence from the trial of Lori Drew, who is accused of using a fictitious profile on the social networking site to drive …her daughter’s former friend, to hang herself.

Drew has pleaded not guilty to one count of conspiracy and three counts of accessing computers without authorization.

‘I don’t necessarily think the suicide is relevant to the crime charged,’ Wu said, adding he thought details of the … [girl's] death would unfairly prejudice the jury. He said he planned to announce his final decision Friday, November 14”.

This will be the first alleged case of Cyber Bullying to be tried under the Computer Fraud and Abuse Act, Section 1030 (a) (2) of cyber crimes. This will also be the first time that violating a site’s TOS/Term of Use is without stealing some type of information will be used under the statute. The government has argued that this is applicable due to the part of the statute that states, “the section … provides: any person who intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains … information from any protected computer if the conduct involved an interstate of foreign communication … shall be subject to a fine, imprisonment or both.”

Could this case forever change the internet and users of forums/blogs? Will the government be able to fine a jury that has not read about this case and its tragic end? Can any juror completely disregard that this case was brought because of a minor’s suicide? Without the tragedy of the suicide this becomes just another case out of thousands each year of some person violated the TOS of a site and either enters a site without authorization or exceeds authorized access, and that it crosses state lines. Much like what happened here at Rose Speaks.com a few months ago. Of course that did not end in anyone’s death but did lead to online identity, theft of monikers, email address and with a few of our members had passwords stolen.

If this case goes forward and Lori Drew is convicted then the whole internet will have to begin to enforce TOS/Terms of Use on ALL sites. Many of us begin to tighten up and enforce the most outrageous violations, Court TV closed it forums, TMZ.com began to ban some users who violated their TOS, and we try to always enforce our Terms of Use. Topix.net appears to be the last anything goes Wild West of the internet. Since they are located right next door to My Space, well at least in the same community as TMZ.com is, will that last frontier began to enforce their own TOS?

Many of us are heartsick over the young girl’s tragic death and this alleged outrageous cyber bullying by an adult, Lori Drew, on a child. However most site owners I predict will be watching the trial next week very closely because of the broad ramifications it could have on all forums and blogs. Can you imagined the extra employees and hours expended on sites like TMZ.com and Topix.net if Lori Drew is convicted. Ultimately, this trial will come down to the violation of a site’s TOS.

Personally I did not feel it would get this far even in the court system, and Judge Wu has indicated he wants to hear from My Space.com employees as to can you prosecute someone that you cannot prove read and understood the TOS of a site like My Space.com. Judge Wu has also indicated that he wants to know what Lori Drew stole from MySpace.com in order to prosecute her under the Computer Fraud and Abuse Act, Section 1030 (a) (2) of cyber crimes. Both of those I predict will be high thresholds for the government to prove.

In another irony in this case, Lori Drew filed to have a “bench trial”, Judge Wu only hearing and deciding the case, and it was the government who filed not waiving their right to a jury trial. Could that signal that the government knows it has a weak case and needs the sympathy of a jury for hope for a prosecution. You add to that the fact that the Court might exclude the minor’s suicide and that leaves the case pretty mundane, in my opinion.

Please don’t mistake that I think this case should not go forward or that I don’t care about what happened to that child. If what is alleged that Lori Drew did is correct then her acts are despicable, but do they meet the criteria of “hacking”, “intentionally accesses a computer without authorization or exceeds authorized access”.

I hope this tragic case brings some self-patrolling by forum/blog site owners to pledge that they will enforce the TOS that almost all of us require you sign you have read and agreed to on ALL sites. In my opinion that would be a fitting memorial to one of the worse cases of cyber bullying, any of us have ever heard about.

Rose Speaks.com will be following this case, trial and appeals if any through the completion beginning on November 18.

You can pick up the newest filing today on USA vs. Lori Drew in our download section which is open to ALL, not just registered members. BE AWARE SOME OF THE INFORMATION IS VERY DISTURBING ESPECIALLY THE COMMENTS OF LORI DREW ABOUT THE COMMUNICATIONS TURNING INTO SEXUAL CONTENT.

©Rose Turner
November 13, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: "alleged" cyber bullying of Lori Drew, Cyber Bullying trial of Lori Drew, Lori Drew