Seldom do I ever get a chance to just unwind and relax and think nothing except just the food I am eating. Well I got together with a ‘re-new’ old friend, does that make any sense? Let me explain, I met Daniel DiCriscio years ago, a very long time ago. He was employed at the Jose Eber Salon and had just launched his music career. Funny as it seems I remember that CD and it was not bad. I was developing my new business and offices and Daniel was busy with his hair and as I said his music. This guy has some real talent other than being ‘Daniel’. Go ahead and Google him, after you Google me.

Recently his mom died and we communicated both by phone and email and I could hear the pain in his voice as well as in his writings. His emotions were ones that had escaped me during similar circumstances that I had and I felt bad that he was at a loss in his mother’s death. We spoke further and again, it was good for me in away that is hard for me to explain.

Well through the last couple of years Daniel has assisted me in a few projects and he, like myself are tough to miss. He has a presence! The great blond hair and of course his style of dress, too bad those in power during the Anna Nicole Show missed him and found that ‘mess’ who played too many episodes. Booby Bobby or Bobby Boob, whatever. The two of us make an interesting ‘set’, black and white, sour and sweet, Beauty and , well enough, you get my point.

I suggested we get together for a bite to eat and the amazing thing here is that we are both very entertaining when it comes to the rich and famous. It was to the point I was wondering how have we missed what could be one of the best duos since Dean and Jerry, Amos and Andy, Jan and Dean, and maybe even Mutt and Jeff. My point here is that we could both have a new career, we had each other laughing and on serious points we were both on target. Especially, our thoughts on Anna Nicole Smith as well as others both in and out of Hollywood. My perspective is sarcastic and stinging; Daniel has what I call a ‘snap’, like get over it. Call me a little odd, but I was very entertained and realized it was just him and me.

I am posting this picture to make my point, when it comes to ‘Hollywood Insiders’ no one can come close to either one of us. And we both understand how far to the line we can come after all of these years bumping around Hollywood. Speaking for myself, there are things that I would never speak of and a book, is never going to happen. For Daniel the stories about Elizabeth Taylor alone could fill two chapters in his book. My time with Miss Taylor could fill maybe ten pages….thanks Adam! I recall my first encounter with Peerez Hilton and thought, “ Beast “, and having to do a short pilot with him, Lisa Stanley of KRTH ( she is the best ) and Ryan Seacrest’s assistant, what’s her name……the painful part was Peerez Hilton…and those feet!

All I am saying is watch, there could very well be some very interesting ‘tea’ coming along and presented in away that only two people in this town could present, John & Daniel or Daniel & John……that will be a hump to stroll over…..in time.

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©John J. Nazarian
March 22, 2011
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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

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Tags: a ‘snap’, ABC Network, Access Hollywood, Amos and Andy, an interesting ‘set’, Anna Nicole Show, Anna Nicole Smith, Anthony Pellicano, Beauty and, Beauty and Beast, Beverly Hills, black and white, Bobby Boob, Bobby Trendy, Booby Bobby, both have a new career, both in and out of Hollywood, both on target, both very entertaining, bumping around Hollywood, Call me a little odd, Carlos Diaz, CBS-ET, Celebrity Trials, Daniel & John, Daniel DiCriscio, Daniel DiCriscio Exclusive, Daniel DiCriscio Messiah of Makeover, Daniel DiCriscio music career, Daniel DiCriscio's CD, Dean and Jerry, Debra Opri, Desperateexes.com, E Online!, each other laughing, Elizabeth Taylor, Entertainment Tonight, Extra Tv, Google him, Google me, Harvey Levin, He has a presence, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Hollywood Insiders, Howard and Anna, hump to stroll over, Jan and Dean, John & Daniel, John J. Nazarian, John J. Nazarian P. I., Jose Eber, Jose Eber Salon, just him and me, like get over it, Lisa Stanley, Lisa Stanley of KRTH, Mutt and Jeff, NBC Network, no one can come close to either one of us, no one can come close to us, one of the best duos, Peerez Hilton, Phil Spector, picture to make my point, PrezHitton.com, rich and famous, Rita Cosby, Rose Speaks Exclusive, Ryan Seacrest, Ryan Seacrest’s assistant, sarcastic and stinging, serious points we were both on target, ShowBiz Tonight, sour and sweet, Stanley Mosk Court House, stories about Elizabeth Taylor, style of dress, TMZ.com, very interesting ‘tea’ coming along, we are both very entertaining, years bumping around Hollywood, “ Beast “

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

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

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

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

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

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

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

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

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

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

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

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

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

Tags: Anna Nicole Smith, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, L. A. Criminal Court Judge Robert Perry, Steve Sadow Esq., TMZ.com, Virgie Arthur

Here is this week’s filings and the open discussion board on the Anna Nicole Smith’s cases. Any filings received this week will be permanently linked in this article.

August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Larry Birkhead.

August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Harvey Levin and TMZ Productions.

August 16, 2010 Virgie Arthur Notice of Submission for August 26, 2010 her Motion for Leave to add Busy Street Productions LLC

August 16, 2010 Virgie Arthur’s Revised Exhibit B correcting her proposed Sixth Amended Original Petition.

No I have not read the revised Exhibit B

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. THE FORUMS IS THE ONLY PLACE I WILL DISCUSS THESES CASES AN THE IDIOCY OF DEVELOPMENTS.

©Rose Turner
August 16, 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, Daniel Smith, Dannielynn, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, Lyndal Harrington, Neil McCabe, Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

I have not read any of these papers yet except for the Orders issued in Texas State Court last week.

SOUTH CAROLINA LATEST FILINGS

August 5, 2010 Susan M. Brown’s Motion to Dismiss her and her law offices for multiple reasons.

August 6, 2010 Order Notifying G. Ben Thompson that the parties need to file a Response to Susan M. Brown’s Motion to Dismiss no later than September 10, 2010.

TEXAS STATE CASE LATEST FILINGS

August 2, 2010 Order Granting TMZ and Harvey Levin’s Motion for Summary Judgment. If Virgie Arthur wants to add TMZ and Levin she can file a Motion for rehearing if new evidence emerges or she can file an Appeal.

August 4, 2010 Order Granting Howard K. Stern’s Motion to Consolidate Rule 11 Contract Case with the Conspiracy to Defame case.

The Texas state defamation and conspiracy to defame case is stayed for discovery, Motions etc. ONLY as to Howard K. Stern for the next 90 days or unless the Court grants Art Harris Motion for Summary Judgment.

August 4, 2010 Order Granting Rose Turner’s Motion to add Busy Street Productions LLC as Designated Third Parties and discovery can go forward relating to audios, videos and alleged hundreds of pages of witness statements being held by officers of the LLC including Carol Martin and Art Harris in relations to the parties and fact witnesses involved in the allegations involving this case.

August 9, 2010 Virgie Arthur’s Motion to Quash Deposition by Art Harris and TMZ.com.

August 9, 2010 Virgie Arthur’s Notice of Submission for September 17, 2010 at 11:00 AM.

August 2, 2010 Art Harris Motion for Final Summary Judgment. The last three pages shows all of the exhibit filed, go through them and let us know which ones you want up first. Harris’ Affidavit will go up in the morning and after that the exhibits in the order y’all ask for. Remember I have a HUGE box of documents and it takes time to scan all of this.

August 2, 2010 Art Harris Affidavit to support Harris Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit B 6 filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit BB filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit D filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit J filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit P filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit Q filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit R filed with Harris’ Motion for Final Summary Judgment.

August 2, 2101 TMZ and Harvey Levin Exhibit B REDACTED filed with their Motion for Final Summary Judgment.

August 10, 2010 Virgie Arthur Drops Art Harris from case in a Non-SUIT Notice to the Court and all parties

August 12, 2010 Virgie Arthur Motion for Leave to Join Busy Street Productions as a defendant.

August 12, 2010 Arthur’s Exhibit B filed with Arthur’s Motion for Leave to Join Busy Street Productions as a defendant. Please note that both Harri’s site and Turner’s site is included in the proposed Sixth Amended Original Petition.

On Friday August 6, 2010 the First Court of Appeals denied Virgie Arthur’s request for a hearing en banc relating to Art Harris. That appeal is now over.

I will put up the massive amount of relevant papers regarding Art Harris Motion for Summary Judgment filed on August 2, 2010, as well as the videos now released in the public records. those filings will be listed in this article throughout 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
August 9, 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: Amanda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Busy Street Productions LLC, Carol Martin, Celebrity Trials, Charles "Chip" Babcock, Chips Babcock, Dannielynn, Diana Marshall Esq., Estate of Anna Nicole smith, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Law Offices of Susan M. Brwon P. C., Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Nicole Jennings Wade Esq., Rose Turner, Susan M. Brown Esq., The O'Quinn Law Firm, TMZ.com, Virgie Arthur

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

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

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

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

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

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

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

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

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

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

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

NEWEST TEXAS STATE LAWSUIT PAPERS

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

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

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

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

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

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

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

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

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

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: Adam Bruan Esq., Anna Nicole Smith, Art Harris, Assistant D. A. Renee Rose, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ellyn Garofalo Esq., Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Honorable Larry Weiman, Honorable Robert Perry, Howard K Stern, Judge Robert Perry, Judge Weiman, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Phil Spector, Renee Rose, Rose Turner, The O'Quinn Law Firm, TMZ.com, 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