October 10, 2008 Florida Federal Court for the Southern District strikes two of the three Motions for Summary Judgments filed by John O’Quinn and the O’Quinn Law Firm. Court leaves until October 27 for Howard K. Stern’s lawyers to file a Response for the third Motion still before the Court, Motion for Summary Judgment based on the theory of “Absence of Actual Malice”.

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October 8, 2008 New York Federal Court for the Southern District Issues Order that Rita Cosby can share all of her deposition and all of her confidential documents with the O’Quinn legal team for the Florida suit, but her legal team CANNOT share Howard K. Stern’s deposition and confidential documents absence a Court Order from Florida. Why would Rita’s lawyer offer up Rita to the Florida Court? Will be doing a new article tonight.

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Also, am I missing something about ’sworn affidavits’? How does O’Quinn get to check his for mistakes and get it corrected by his counsel once it has been signed by the Notary?

October 8, 2008 John O’Quinn and the O’Quinn Law Firm consolidated Response to Howard K. Stern’s Motion to Strike and the Court’s Request for a Consolidated Response as to why the court should not enforce local rules and why the Motions for Summary Judgments were not filed on time.

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Couple of nights ago, I was watching that show “Intervention” There was a talented man, who in his early twenties, owned seven tanning salons. He had a house, a car and everything you could ask for. I missed part of the show, but something obviously happened and he turned to alcohol. He was in danger of losing more of his salons. One of his employee’s would bring him his stuff, food or whatever else he needed. She admitted that she was enabling. They tried to get him help, at first he refused, but then later said yes. But was only to get kicked out a month or so later, because he kept saying he didn’t have a problem. Feb of this year, they found him dead. Did the family hold the employee responsible for his death, the one who admitted to being a enabler? No, because they knew it was his responsibility to come to terms with his addictions.

I’m only guessing that Howard has time and time again kicked himself in the arse for not putting his foot down firmer. I don’t think it would have helped much anyways. Anna always seemed stubborn and bull-headed. But if he feels that way, then in my opinion everyone else that knew of her problems should feel just as bad. And only going on television several times, doesn’t count.

Diamond you are doing what you do the best, debate this saga, and come up with good questions, which some may never be answered. Enjoy having you around to post with!

Daniel was her world. I watched the Anna show and the some things that always stood out was her love for Daniel, Daniel’s dislike for being in the public eye, Howards love for Anna, his willingness to do whatever she wanted or ask and his love for Daniel (I remember him encouraging Daniel to talk to his Mom if he didn’t want to be on the show, to tell her how he felt). Anna did what Anna wanted to do and that would have held true with or without Howard.

Like I said yesterday, I feel the pain of losing Daniel was too much for her to bare and in order to ease that pain she took more of the prescription meds then she normally did due to her body had built up a tolerance because of many years of use. For those who followed Anna Nicole’s career knew Daniel was her world. For those who followed her career also knew of her addition. With that, I wonder who really was surprised when they heard that she had passed away at such a young age.

People need to put their selves in her shoes for a moment. She gave birth and then 3 days later loses her beloved son. Along with that Larry is seeking custody and making it public, Ford Shelley is trying to evict her just after burying Daniel and it’s all made public, and we have Virgie going on national television after not having any contact with Anna for years making accusation of murder against Anna and Howard. Wrap all of that along with a dependency to prescription medications. How many of us could say we would be able to handle all of that at once.

This is just my opinion here but with all of that, it is no wonder Anna Nicole is not here. I am not saying she ended her life deliberately but I do think it is possible she no longer wanted to be here.

Beverly, I remember that being discussed. Do we all remember what Moe said about Taz not being with Anna as a nurse but rather a friend? (roll eyes here)
I believe there were a lot of people who failed Anna in her life, not just at the time of her death. I am not to sure she would have ever gotten past the fact that her Daniel was dead.

Now to address another subject, why can’t I get into chat any longer? I get the opening screen of blue and then it just stops. Do I need to download something?

I do remember reading that one drug that Clark was pushing to have the test ran on in his call to Perper and that strange fax Perper received the one hard to find that they used in executions at one time… if you look at the M. E. report someone even paid to run that test just to make sure their was nothing left untested for or stone left unturn… I am sure Perper knew as Diamond Girl said that every i had to be dotted and every t crossed and they did go the extra mile on all of the tests it looks like

However, that was 18 months ago I have slept many hours since then.

About hair, when I was reading some of the documents today I came across one where Dr. Wecht had said there was hair samples taken by him on Daniel and Perper on Anna, and I am sure they are still there if needed…

I think Howard K. Stern HAS a LOT of regrets about that day, that trip everything… can you imagine what it must be like to live with all of those “what if’s” “if only I had”… IMO he will live with a lot of that and it will take a long time to heal for him or it would for me if I had been in that position…

However, here you can always attack the subject; debate is good it makes us look up things; read again, etc. The only real fast rule here is to not attack the poster only the subject so if you feel attacked I am so sorry I just looked in today, had a couple of minutes, remember reading an old interview recently and thought I would pop in with what I had remembered…

I won’t go into that.

But Taz was with Anna and she was a nurse. If she couldn’t recognise what was happening to Anna or didn’t do anything to stop it that to me is the big question. If acting faster could have saved her life then the person with her has to be responsible. Not Howard but Taz

I know what was said when it was published that Anna was warm to the touch.She was under a heap of blankets that is why she was warm. I do not remember anything about a slight heart beat or the med would have collected at the injection site. What I do remember is that the meds that were given to Anna by the emt’s, were possibily circulated to some degree all due to the cpr that was being administered. I don’t know, I am not a doctor, nurse or emt.

I think what happened that day is that Anna woke up slightly and just took another sip to get her through a couple more hours of sleep. Not realizing that in combination with the other meds she was on, it could be fatal. I don’t think she committed suicide. I don’t think she was murdered. I believe Perper. I think he tried to dot all his i’s and cross all his t’s. However a few tests more might have been more of a help to the people who are crying murder. But then again maybe not.

I did not mean to insult anyone. I am just going based on what I remember from a year and a half ago.

The unembalmed body is well preserved and cool to touch due to refrigeration. Rigor mortis is fully developed in the major muscle groups. Livor mortis is fixed and purple posteriorly except over pressure points. However, during initial examination in the emergency room, there was no rigor and lividity was at a minimum.

Have not found anything yet pertaining to her heart beating.

The body was warm to touch without rigidity and minimal blanching purplish lividity, posteriorly.

Here are ALL of the documents generated by the M. E. I am sure someone can find Perper’s statements about her heart beating so that got rid of the covered up with a blanket conspiracy theory.

1. Perper said Anna HAD to EITHER be ALIVE or had just died with the EMT’s arrived because of one of the medicines they gave her had actually gone through the blood system, if she had been dead at the time the medicine had been administered it would have just “clumped” up at the injection site.

2. Read the E. R. Report where the M. E. look at the body over an hour after Anna was pronounced dead, it is VERY different from what Tas later said about the purple splotches that forms on the body after death

If they are not back in our download section, yet you can get it from the Broward County M. E. site…

So Anna had to be alive when Stern left at noon, or Perper is stupid as is all of the others that work on Anna’s autopsy and none of those people were stupid they were the best at what they did because Perper knew he would be attacked and questioned about Anna’s time of death for YEARS..

Hope that helps.

October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice – Affidavit of John O’Quinn.

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October 4, 2008 Defendants Motion for “Leave for Motion to file Late” because of problems filing on time.

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October 4, 2008 Defendants Amended Motion for “Leave for Motion to file Late” because of problems filing on time in this Amended Motion, Robert Klein states that Lin Wood has been contacted and has not agreed to the late filing.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 Index of Court Transcripts from Florida in Feb. 2007 submitted with Motion.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 1, 56 pages of Volume 2 of 2 beginning at 3 PM Wednesday Feb. 21, 2007 after the trip to the morgue and questioning Ron Rale about being Pro Hac Vice and Stern’s testimony the very end appears to overlap into the Exhibit G filed on Oct. 3.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 2, 40 pages of Volume 2 of 2 beginning at 3 PM Wednesday Feb. 21, 2007 after the trip to the morgue and questioning Ron Rale about being Pro Hac Vice and Stern’s testimony the very end appears to overlap into the Exhibit G filed on Oct. 3. page 14 is something about “Libel Proof” then goes back to the transcript for and then back to the testimony of Howard K. Stern for the rest of this part of the transcript.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 3, 50 pages of Volume 2 of 2 beginning at 3 PM Wednesday Feb. 21, 2007 after the trip to the morgue and questioning Stern’s testimony, including that the Will being faxed was asked by O’Quinn of Stern in this part. After that is finished Birkhead is called back to the stand to ask him about the trip to the morgue and about any money being made off of Anna Nicole Smith via media for Larry Birkhead.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 1 Volume 1 first 50 pages of the hearings from Feb. 22, 2007 beginning at 10:50 AM with Birkhead back on the stand. Milstein is asking about any money made and additional questions about Larry’s relationship with Anna and the judge at the end of these 50 pages decide that Howard should not be attacked any more.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 2 Volume 1 next 49 pages of the hearings from Feb. 22, 2007 beginning at 10:50 AM with Birkhead.

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 3 Volume 1 next 49 pages of the hearings from Feb. 22, 2007 beginning at 10:50 AM with Birkhead finishing, then Troy Hollier and finally Denise James (this looks like a repetitious filing from the Oct. 3 filings by O’Quinn)..

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October 4, 2008 Defendants Motion for Summary Judgment on the Howard K. Stern is Libel Proof. Malice - Memorandum of law Exhibit 4 part 4 Birkhead previous testimony from his first day on the stand (this looks like a repetitious filing from the Oct. 3 filings by O’Quinn)..

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October 7, 2008 John O’Quinn’s Reply filed in the Southern District federal Court answering Howard K. Stern’s Response to O’Quinn’s Motion for Protective Order on the financial information due in discovery as requested by the Court in Expedited Briefs of this subject.

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*resistance

103. Exactely, the hair test might show how long Anna was taking the CH. When people take the same drug for a period of time, it does take a larger dosage because a resostance builds up in the system. While the good old doc was warned about the mixture of drugs, maybe Anna has been on this mixture for awhile. Isn’t it possible that Anna took more because in the past she needed 2 chugs instead of one and all she did was sleep?

Am I making myself any clearer in my thoughts?

Why do we need to test strands of hair. It was a known fact Anna had drug problems.

What mattered was how she died.

Daisy, no offense is meant here….. there is a big difference between your brother’s and Anna Nicole Smith’s death. In order to cover all his bases these are things that should have been completed when Anna died.

Diamondgirl
Thanks for clearing that up. I do remember something about a faint heartbeat but now I can’t be sure what it was exactly.

Daisy ? Another test that was not done was any testing on the substance found on the sheets or the vomit in the sink if I am thinking clearly.

October 3, 2008 Defendants Motion for Summary Judgment on the Absence of Actual Malice - Memorandum of law Exhibit C part 20, CNN News Feb. 21, 2007, plays the Opri statement of the media and citizens to put pressure on the Bahamian government for a DNA test and pleading with people to contact the Bahamas. The talk about Larry Birkhead’s testimony, played part of Troy Hollier Testimony and part of what the judge was saying. Lisa Bloom talks about the 19 lawyers in the courtroom and this should have been decided in a one-hour hearing not for days as it has been. They play Opri’s saying the news was reporting that Barth took Birkhead’s cup for Feb. 21 for DNA possibly. They cover lie the afternoon testimony of Larry Birkhead. This part ends with some of the CTV coverage of the Florida proceedings. Including mention of the clown video and the plea from the judge that Birkhead and Stern work together to give Dannielynn a chance in life.

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October 3, 2008 Defendants Motion for Summary Judgment on the Absence of Actual Malice - Memorandum of law Exhibit C part 21, FOX news Feb. 22, 2007. On The Record with Greta, Bruce Ross is a guest they talk about how both Stern and Birkhead had some good moments on the witness stand and some bad moments and about Stern being unfairly portrayed as an enabler, Greta plays Billy Smith testimony, parts of the emails from Birkhead to Anna and has an interview with Birkhead. Tom Pirtle in on talking about Virgie is filing an appeal. Greta plays part of the clown tape video again that has been edited. Pirro even says that video should not have been played because we all became voyeurs into Anna’s life that Anna is dead, and this was not appropriate. Both Dr. Perper and Geraldo are on her show. Pirtle admits that Ford Shelley gave them the clown video and he seems to imply they [Virgie’s legal team] have seen the whole tape before it was played in court. Next show is FOX Hannity and Colmes from the same day of Feb. 22, 2007. They had Star Magazine on a Kimberly Guilfoyle, Jackie Hatten, and Dr. Baden about testing hair samples of Anna. Dr. Wecht brings up the hair might not be that good for testing because of the bleaching and the sun in the Bahamas. Eric Redding is on the show talking about her becoming addicted. Then there is the FOX transcript of John Gibson’s The Big Story, from Feb. 22, 2007, Geraldo is on this show again giving his thoughts. Tom Pirtle on the phone about the appeal, Kimberly Guilfoyle is a guest on this show also; Debra Opri is on the phone also for an interview. Pro Pinder from the Bahamas also gives a telephone interview on behalf of his clients, G. Ben Thompson and Ford Shelley. Jackie Hatten is also on this show. Alex Goen tears into what Hatten is saying and sets the record of Howard K. Stern has never been about the money. They discuss the 6% contingency fee that Stern has in regards to the Marshall settlement. Hindustan Times article for the same day, about Virgie Arthur saying that Stern was selling things to ET including getting a million dollars for the funeral. Houstonist for same day, about O’Quinn fainting and the judge saying he could not judge Stern.

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October 3, 2008 Defendants Motion for Summary Judgment on the Absence of Actual Malice - Memorandum of law Exhibit C part 22, Los Angeles Times article from Feb. 22, 2007, The Miami Herald with 2 articles from the same day, one of the articles mentioned that both Stern and Arthur cried when the judge gave his decision, the quote Opri in one of them and mention Birkhead and the paternity, they also covered some of the harsh emails that Birkhead had sent to Anna, they state that all 3 people did not go unscathed and mention that Anna had up to 7 different alias names. The Mirror goes into the question of the Will being faxed 5 days before her death in what looked like Anna intended to make changes in her Will. This exhibit has the MSNBC Scarborough Country transcript attached to it from Feb. 22, 2007. They play part of the days court proceeding and have an interview with Rita Cosby. Cosby has an interview with Opri where Opri even said she was ashamed of what she had said that day and the court proceeding was like a “circus” as Cosby put it. Jean Valez-Mitchell takes up for the judge and shows Opri singing in court. They also talk about the Clown video. Tony Potts comes on and gives his take on the day. They talk about Ford Shelley’s testimony and that Birkhead thanked Stern for letting him see Dannielynn in the Bahamas. Then we have a transcript from NBC news for the same day showing part of the court proceedings of Larry Birkhead’s testimony. There is a transcript of NBC the Today Show from the same day where they showed part of the day’s proceedings from the court. The New York Post article from Feb. 22, 2007 they discussed Arthur accusing Stern, part of what Birkhead said and covered part of the ET interview now called “Mommy Dearest” tape. Palm Beach Post from Florida article from Feb. 22, 2007, they covered who all was making money and David Leigh carrying Virgie Arthur to the morgue. The Sun newspaper in the U. K., of Virgie claiming that Stern wanted Anna’s “body to make money.” Article from the UPI about Birkhead testifying about Anna’s drug use. Article from WENN, quoting the U. K. Mirror article. An Article from the AP dated Feb. 22, 2007, a CNN transcript about Birkhead testified about Anna’s drug use. It also covered that ET and Access Hollywood had issued statements about that they never paid for interviews where Splash (David Leigh) said they did not disclose that information. An ABC News transcript from the same day, with part of the hearing played and ends with an article from the AP about Anna to be buried in the Bahamas. They quote where Stern said he would waive all fees as the Executor of Anna’s Estate, and Arthur again telling what kind of drugs Anna liked when 10 years ago before the estrangement with her daughter.

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