Rose speaks

In a flurry of letters, copy of subpoena to Ford Shelley from Rita Cosby and Hachette’s lawyers to turn over ALL of many things that have nothing to do with Cosby’s book, in my opinion, did give us a rare glimpse into the Howard K. Stern vs. Rita Cosby and Hachette Books lawsuit.

Due to the strict Protective Orders out of the New York Federal Court, we get few clues as to how that case is moving forward in preparation for the pre-trial conference scheduled for September 26.

From the filings by Powell Goldstein in the federal court for South Carolina I noticed a few interesting things. First is that Ford Shelley has changed lawyers a few times since February 2007 when he had a magnitude of high profile criminal lawyers. Second that Ford Shelley’s current lawyer is in Georgia and not South Carolina and you have to wonder why, or I do at least.

The filings on August 19 appears to be an attempt to prevent Ford Shelley from disseminating alleged illegally gained possessions of Anna Nicole Smith from Horizons following her death on February 8, 2007. The Estate filed a Motion for a Temporary Restraining Order to prevent the turning over of what the Estate claims was a very broad terminology of things, as well as a Memorandum of Law to go with the Estate’s Motion. It would appear this occurred after the lawyers for Rita Cosby and Hachette Books refused to modify the Subpoena Duces Tecum as requested by the Estate in a letter dated August 11. We have two letters from Powell Goldstein to Ford Shelley’s Georgia lawyer dated August 14 confirming that Ford Shelley would not turn over anything that the Estate alleges were taken from the home called Horizons illegally on February 9, 2007 to Cosby and Hachette’s lawyers due per the Subpoena on August 18. That is followed by a letter dated August 18 that the Estate would be filing a Motion for a Temporary Restraining Order within 24 hours, after Cosby and Hachette would not amend the Subpoena. At the time of the filings with the federal court in South Carolina, the Executor of the Estate, Howard K. Stern, filed a Declaration with two transcripts of shows on Fox with Greta’s On the Record featuring Ford Shelley. I noticed right off that there was no transcript filed of the March 31, 2007 show of Geraldo at Large where Ford Shelley openly bragged that Howard K. Stern would be surprise when he learned that copies of the computers belonging to Anna Nicole Smith as well as the hard drive had been copied. We later learned that forensics computer specialists were able to verify copies had been made prior to Ford Shelley turning the computers and hard drive over to the Horry County Sheriff’s office on February 12, 2007, 4 days after Ford Shelley and others removed a large amount of things from Horizons. WOW what friends!!!

I was surprised that Cosby and Hachette lawyers would attempt to get the property of the Estate from Ford Shelley and not the Estate when it was widely broadcasted that an ongoing investigation of theft and failure to return stolen property was still pending. I thought that like in criminal trials that in civil trial the same term of “fruit of the poisonous tree” would also apply.

I have to say hats off to hiney einy for “guessing” this was about the New York suit as early as two days after the Estate had filed the suit against Ford Shelley, G. Ben Thompson and other unnamed persons. Silly me thought it was to retrieve those things still not delivered to the Estate that rightfully belongs to Dannielynn Birkhead, however hiney einy was right on target when she predicted it was about the New York litigation and any upcoming depositions. Is hiney einy that astute, of course she is, no one would have given her a head’s up on the subpoena and subsequent filing of the lawsuit, not with all of the Protective Orders in place to make sure the Florida and Texas litigation teams do not have access to things in the New York litigation. Hiney einy is one smart lady, here is how she explained it on August 6, [yes, there is a spelling error but we can all read typonease here]. How do all of you think hiney einy was right on the mark here without knowing about the subpoena? Just for the record, this was sent to me since I do not have time to hang out at Topix.

“Wednesday Aug 6, 2008
by einy
My take is that it’s a tactical move by Mr. Wood.
Depositions are coming up fast and he would like to preclude the use of any material that Ford Shelly turned over to other attorneys involved in other litigation.
Wood will agrue that it can’t be used because it’s part of a ongoing litigation.
Don’t know enough about the law and precedent in this area, but I think he had to do what he did. …”

On August 19 another paper was served on Ford Shelley and the Affidavit that Ford Shelley has been served with the Original Suit filed by Anna Nicole Smith’s Estate against G. Ben Thompson, Ford Shelley and unnamed other person’s to get property back that was taken from Horizons on February 9, 2008 was returned to the court on August 21.

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©Rose Turner
August 21, 2008
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This entry was posted on Thursday, August 21st, 2008 at 1:14 pm and is filed under All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Celebrity Trials, Daniel Smith, Daniel Smith's Inquest, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Douglas Maynard, Elizabeth McNamara, Ford Shelley, G Ben Thompson, Geraldo At Large, Greta -On The Record, Greta Van Susteren, High Proflie Trials, Horizons law suit, Howard K Stern, Howard and Anna, Lin Wood, Luke Lantta, Nicole Jennings Wade, Rita Cosby. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.