An article By Ed Silverman of Pharmalot asked that question in his article entitled “Did DaVita Admit Fraud In Suing A Whistleblower?” After reading this Google alert on the largest Medicare Fraud Case to date that has been made public, I spent the day on PACER reading more.

Thus over the next few days along with two other cases we are going to play catch-up with, we are going to dwell on this case. In short with Sequestration looming which is going to devastate our economy and our workforce especially federal employees, Medicare Fraud is big news. I believe we should pursue more of these cases and not cut “entitlements” to those of us who worked our whole life and paid our Social Security Insurance and Medicare Insurance payments every payday.

So here goes with more of what Ed Silverman had to say:

…Since a fair number of whistleblower cases pop up in the pharmaceutical industry, a recent development concerning a whistleblower and DaVita, the second-largest independent provider of dialysis services in the US, might be of interest. Consider the following….

Along with a nurse, a nephrologist and former medical director named Alon Vainer filed a whistleblower lawsuit in 2007 alleging DaVita deliberately wasted medicine in order to gain hundreds of millions of dollars in extra payments from Medicare.

NOTE: HUNDREDS OF MILLION IN ALLEGED FRAUD OF MEDICARE.

July 25, 2011 Fourth Amended Petition (452)

So how has DaVita responded? Besides denying the allegations, the dialysis provider filed its own lawsuit against Vainer. Now, consider the accusations: DaVita charged Vainer breached his contract, caused damages by not alerting DaVita to violations of the law and filed invoices falsely claiming he complied with his agreement, which he could not have done if he did not alert DaVita to any violations of the law.

Yes, you read that correctly. It would appear that DaVita officials are suing the whistleblower for not bringing their own purported fraud to their attention. Consequently, the DaVita team appears to somehow acknowledge that the fraud took place after all, even though they have denied this all along. This prompted an interesting response from the judge hearing the combined cases…

“The possible violations of law are the very same types of violations Vainer has alleged against DaVita in the underlying qui tam (whistleblower) complaint,” writes US District Court Judge Charles Pannell. “In essence, then, the defendants (DaVita) are seeking breach of contract damages for the plaintiff’s (whitleblowers) having not reported the alleged violations for which the defendants are themselves being sued.

“While the defendants have couched their counterclaim in contract terms, this claim is nonetheless the type of counterclaim barred in (False Claims Act) qui tam actions. In order to prove that Vainer breached the contract by not informing the defendants about violations of applicable law, the defendants (DaVita) would have to first prove that such violations actually occurred. If these violations occurred, then the defendants would be liable for them.”

…“While the parties have not identified and the court cannot find through its own research binding case law that addresses the scenario before the court, the court agrees with the plaintiffs and the United States that such an outcome would have a chilling effect on the FCA’s goal of encouraging whistleblowing on perpetrators of fraud against the federal government. The court concludes that the defendants’ counterclaim amounts to a claim for indemnification or contribution.”

So guess what???? US District Court Judge Charles Pannell DISMISSED THE SUIT DAVITA FILED AGAINST DR. ALON VAINER, my first thought is WTF was DaVita thinking, go figure.

Here is the full finding of Judge Charles Pannell:

Feb. 13, 2013 Order Granting Motion to Dismiss Countercliam Filed by DaVita (128)

So did a lot of corporate attorneys just screwed up or did L. Lin Wood, who left Bryan Cave LLC in 2007 to pursue this case, somehow trick the corporate lawyers into what appears to be a fatal error?

Never fear DaVita is just adding more lawyers, but my money is on the U. S. Government and the plaintiff’s attorneys, including Lin Wood and Stacy Evans are going to win this thing. If it goes to trial, which I doubt it will because of the media coverage this will bring, then Medicare Fraud at it’s worse will be out there for the U. S. taxpayer to see. My question is how does this happen without criminal charges being filed? When are we going to begin to hold the top executives of corporations liable criminally for ripping us the taxpayers off for Millions that we ended up paying?

Yes I read all day yesterday and into last night after reading this article, then more on PACER and yes we are going to cover this case as one of the biggest cases we have ever covered, because this case is important. Seldom is one of these cases made public so we can see via filings how corrupt some people are with what appears to be little concern to what is happening to our country and those of us receiving Medicare.

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©Rose Turner
February 21, 2013
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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

Tags: a fair number of whistleblower cases pop up in the pharmaceutical industry, a nurse and hephrologist and former medical director filed the Whistle Blower Lawsuit, a whistleblower lawsuit in 2007, a whistleblower lawsuit in 2007 alleging DaVita deliberately wasted medicine in order to gain hundreds of millions of dollars in extra payments from Medicare, Alon Vainer, Amy Stewart, Amy Stewart Esq., Benjamin E. Fox, Benjamin E. Fox Esq., Bobby Lee Cook, Bobby Lee Cook Esq., Bondurant Mixson & Elmore, Bondurant Mixson & Elmore LLP, Brian T. Ross, Brian T. Ross Esq., caused damages by not alerting DaVita to violations of the law, chilling effect on the FCA’s goal of encouraging whistleblowing on perpetrators of fraud against the federal government, Christopher E. Adams, Christopher E. Adams Esq., Cook & Connelly, Could this be a fatal error on DaVita's part, counterclaim barred in False Claims Act qui tam actions, court concludes that the defendants’ counterclaim amounts to a claim for indemnification or contribution, DaVita charged Vainer breached his contract, DaVita claimed Vainer caused damages by not alerting DaVita to violations of the law, DaVita deliberately wasted medicine, DaVita Denied allegations, DaVita Denied allegations and countersued Alon Vainer claiming breached his contract, DaVita gained hundreds of millions of dollars in extra payments from Medicare, DaVita Inc., DaVita is the second-largest independent provider of dialysis services in the US, DaVita officials are suing the whistleblower for not bringing their own purported fraud to their attention, defendants (DaVita) are seeking breach of contract damages for the plaintiff’s (whitleblowers) having not reported the alleged violations, defrauded Medicare out of hundreds of millions of dollars, dialysis providers DaVita Inc. and Gambro Healthcare Inc., Did DaVita Admit Fraud In Suing A Whistleblower?, Dr. Alon Vainer, Ed Silverman, federal employees, Gibbs & Bruns, Google alert, Grant J. Harvey, Grant J. Harvey Esq., High Profile Trials, Homer Lamar Mixson, Homer Lamar Mixson Esq., Honorable Charles A. Pannell Jr, how does this happen without criminal charges being filed, HUNDREDS OF MILLION IN ALLEGED FRAUD OF MEDICARE, hundreds of millions of dollars in extra payments from Medicare, If these violations occurred the DaVita defendants would be liable for them, Jeffrey D. Horst, Jeffrey D. Horst Esq., John Earl Floyd, John Earl Floyd Esq., Judge Charles A. Pannell Jr, Judge Charles Pannell DISMISSED THE SUIT DAVITA FILED AGAINST DR. ALON VAINER, Katherine V. Hernacki, Katherine V. Hernacki Esq., Krevolin & Horst LLC, L Lin Wood attorney for the whistle blowers, L. Lin Wood, L. Lin Wood Jr., L. Lin Wood Jr. Esq., largest Medicare Fraud Case, Laura McLane, Laura McLane Esq., Lin Wood, little concern to what is happening to our country and those of us receiving Medicare, LLP, Magistrate Judge Justin S Anand, Mark W. Pearlstein, Mark W. Pearlstein Esq., Marlan Bradley Wilbanks, Marlan Bradley Wilbanks Esq., McDermott Will & Emery LLP-MA, Medicare Fraud at it's worse will be out there for the U. S. taxpayer to see, Medicare Fraud is big news, PACER, Pharmalot, Pharmalot.com, possible violations of law are the very same types of violations Vainer has alleged against DaVita, qui tam whistleblower complaint, Randi Engel Schnell, Randi Engel Schnell Esq., recent development concerning a whistleblower and DaVita, ripping us the taxpayers off for Millions that we ended up paying, Rose Speaks, Rose Speaks Face Book, Rose Speaks Twitter, Rose Turner, Sequestration looming, Social Security Insurance and Medicare Insurance, Stacey Godfrey Evans, Stacey Godfrey Evans Esq., the DaVita team appears to somehow acknowledge that the fraud took place, the defendants DaVita would have to first prove that such violations actually occurred, the top of corporations liable criminally for ripping us the taxpayers off for Millions, this claim is nonetheless the type of counterclaim barred in (False Claims Act) qui tam actions, to prove that Vainer breached the contract by not informing the defendants about violations of applicable law, Tyrone M. Bridges, Tyrone M. Bridges Esq., US District Court Judge Charles Pannell, whistle blowers, Whistleblower, Wilbanks & Bridges LLP, Wood Hernacki & Evans LLC, yes Rose Speaks is going to cover this case as one of the biggest cases Rose Speaks has ever covered, Zahra S. Karinshak, Zahra S. Karinshak Esq.

As we wait for the papers, or at least the Order unsealing the papers in New York, a solid source contacted me about all of this, a source who had contacted one of the people facing a Preliminary hearing legal team and whom they felt was very rude to this person.

This sounds like the old song for some reason “Leroy Brown”, dunno why it just does.

As we await all of the papers today, why would Tom Bednarek not want anyone to know he had the “ear” of AG Jerry Brown? It could not possibly have to do with Rita Cosby?

Why did Bednarek tell this source from 2005 to the spring of 2009, I can help and did in fact help? Why would Rita Cosby need Bednarek to call in a “favor” from his old at least has the ear of “AG soon to be gubernatorial candidate Jerry Brown? Why would helping this source/friend with Brown hurt the Howard K. Stern prosecution?

Why tell someone you had been working with that as this source said to Bednarek in an email, “I told him that you know Attorney General Jerry Brown so you may get a phone call.” In another email just two months before the indictments this source wrote to Bednarek, “I want to thank you for helping, [name omitted], by contacting Attorney General Jerry Brown.” Why in an email did he request this source to always refer to Rita Cosby as “R” saying, “Would appreciate it if from now on… in all of our correspondence…? THAT we only refer to one another ONLY as K and T… AND my gal as R… Okay?! This IS very important…” In another email Tom Bednarek said in part, “Again, should you ever want to discuss this with me, we can certainly do so, so long as it is CAREFUL HANDLED over the TELEPHONE.” In yet another email about offering help he stated; “Additionally, other than “Tom” … there will be no need to include my name within any letter you enclose. He will be aware of the package…”

In another email about the pillow talk while Rita Cosby was fast hammering out her future best selling book and shopping it around why did Tom Bednarek wanted to brag about his closeness to Cosby and exactly how close that pillow talk is as he states; “Although she is heavily committed on a number of major initiatives at this time, she is always very interested to learn more about a story such as this… I know… we’ve been together for well over seven years now, and I know her heart. She would be a phenominal ally to have, BUT I can tell you first hand… that she is extremely engaged right now… and has a number of prior works she is deeply involved with. On the other hand … she is an amazing “multi-tasker!!! HA! But seriously, as mentioned, I will see what either she can do to help AND get this into the right hands for you.”

Finally just less than two WEEKS after the indictment of Stern Bednarek called this source and said “I can’t help you with AG Jerry Brown, and please don’t contact me again”. Following that was the last email exchange of four years of working together on ONE project with Bednarek and Cosby:

“Hello Tomaczek, It’s sad you decided not to keep in touch with me after you told me you would send the documents I sent you … to Jerry Brown. It’s been 8 months since …I’m asking you again to send the information I sent you and Rita …to Jerry Brown. I remember you telling me that you had a direct phone number for him. I can’t understand how you think sending this information could hurt the Stern case. You reasoning just doesn’t make sense to me. Thank you,”

Yea Tom why would helping with the ear of “feel good AG Jerry Brown” hurt the pending Stern case? Did you use up all of your “favors” keeping “R” or Rita Cosby as most of us know and call her by out of the deep fat frying pan? Why did you and Cosby want to make sure the indictment was announced before the Summary Judgment was ruled on in New York? How long had you been sharing pillow talk with “R”, [Rita Cosby], with AG Jerry Brown?

All good questions I think, what about ya’ll? My source has snail mailed me a ton of information on this project that we will begin to explore in the new year in greater detail right before the gubernatorial candidates, including Brown, began their major fund raising? By the way the “project” that is discussed with promises to help by Tom Bednarek is about a non-profit foundation of which there are allegation of “money for favors”, isn’t Brown in charge of those? Could AG Jerry Brown’s friend Bednarek with over four years of documentation sink feel good Brown’s bid for that brass ring called the governorship? A brass ring that Brown wants so badly in what some say is a hope for the blissfulness and power he once held as the prince and the rising star in the Democratic Party way, way back in the 70’s as a young “cool feel good” Brown.

I have told my source to print out the hard copies of all of the documentation and send them to me, put them in a bank vault and at least in two other people’s hands so Bednarek cannot undo the damage to his beloved “R”, known to us as Rita Cosby.

Tom, Tom, Tom, you tried so hard to not leave much of a paper trail in all of this, but in trying it rings of nanny gate in my ears.

We will be bringing you more of what this source has to say, including the way they were treated by one of the legal teams of one of the people facing the preliminary hearings in October of this year.

Now for today, we await the Court’s Order releasing the papers, could “exhibit J” be Bednarek deposition about nanny gate? Who knows only the unsealing of all of these promising delicious documents will tell us.

To keep up with the papers to be unsealed keep this list handy, and remember ALL of Howard K. Stern’s deposition and all of Rita Cosby’s deposition is included in the documents. I don’t know about all of you but I await the release with excitement that a lot of the pieces will begin to make more sense and like a haze in the morning light will become the bright sun of daylight and the telling of all of those secrets, including pillow talk of nanny gate.

We will be linking the below list with documents as those doucuments are released by Court Order.

The list filed under seal by Elizabeth A. McNamara, the second filing on Dec. 19, 2009 by Elizabeth A McNamara is identical to this one for Rita Cosby Dec. 15, 2008:
Her declaration starts right off with “redacted”.

Partial depositions:
Exhibit A Larry Birkhead (we have)
Exhibit B Patrik Simpson (we have)
Exhibit C Pol’ Atteu (we have)
Exhibit D Wilma Vicedomine (we don’t have)
Exhibit E Mark Speer (we don’t have yet)
Exhibit F Howard K. Stern (we have)
Exhibit G Jack Harding (we don’t have)
Exhibit H. Bruce Littlefield (we don’t have yet)
Exhibit I Rusty Hardin’s filing in the Florida case (we have)
Exhibit J even the name is redacted.
Exhibit K Larry Birkhead’s declarations in family court in California. (we don’t have)
Exhibit L Lori Payne (we have and she flaunted it on Geraldo)
Exhibit M and N affidavits by Ben Thompson (we have but will not put up for Dannielynn’s right to privacy)
Exhibit O Ford Shelly statement to Royal Bahamas Police (we have)
Exhibit P Howard K. Stern’s statement to Royal Bahamas Police (we have the first page)
Exhibit Q all of the transcript of the Florida proceedings (most of us probably have)
Exhibit R PEJ Report on Stern’s Affidavit in the Inquest (redacted and we don’t have)
Exhibit S Debra Opri’s original filing in California against Birkhead (we have)
Exhibit T Howard K. Stern’s petition from Florida suing O’Quinn (we have)
Exhibits U and V media contracts for Anna Nicole Smith and Howard K. Stern (redacted)
Exhibit X (one page from the great big beautiful doll (filed under seal for copyright reasons, however we have a copy)
Exhibit Y and Z media coverage on Anna Nicole Smith marrying J. Howard Marshall (we have)
Exhibits AA and BB is media coverage of Larry Birkhead (we have)
Exhibit CC tabloid media coverage pointing to Stern being involved in Daniel Smith death (we have)
Exhibits DD, EE and FF Jack Harding’s coverage in media (we have)
Exhibits DD the whole thing is redacted (we don’t’ have)
Exhibit HH media coverage of the Britney Spears defamation claim (we have)

The list filed under seal by Debra Neumann Hachette Books Dec. 15, 2008

Exhibit A excerpts deposition Evan Boorstyn (we don’t have)
Exhibit B excerpts deposition Leslie Pockell (we don’t have)
Exhibit C excerpts deposition Jamie Raab
Exhibit D excerpts deposition Howard K. Stern

The list filed under seal with Amy Einhorn’s declaration dated Dec. 15, 2008

Exhibit B of Amy Einhorn is a copy of the book proposal
Exhibit C copy of contract with Rita Cosby

The list filed under seal by L. Lin Wood for Howard K. Stern February 12, 2009

Exhibit 1 deposition Howard K. Stern dated Sept. 15 and 16 2008 (full deposition, 3 days worth)
Exhibit 2 deposition Rita Cosby Nov. 15, 2007 (full deposition 3 days worth)
Exhibit 3 deposition Rita Cosby Sep. 22-23 and 26 2008 with exhibits 4, 5, 8, 9, 29
Exhibit 4 excerpts of Larry Birkhead July 22, 2008
Exhibit 5 excerpts of Bruce Littlefield, dated July 29, 2009 with exhibit 13
Exhibit 6 excerpts of Raymond Martino dated Sept. 2, 2009
Exhibit 7 excerpts Pol’ Atteu dated May 28, 2009
Exhibit 8 excerpts Patrik Simpson dated May 27, 2008
Exhibit 9 excerpts Don Clark dated Oct. 14, 2008
Exhibit 10 pages of Don Clark deposition from Florida (we have)
Exhibit 11 excerpts of Wilma Vicedomine dated Oct. 13, 2008 exhibits 6 and 7
Exhibit 12 excerpts of Amy Einhorn dated Sept. 9, 2008 Exhibits 1, 3, 8, 9, 10 and 12
Exhibit 13 excerpts of Mitchell Hoffman dated Sept. 10, 2008 exhibits 22, 27 and 27
Exhibit 14 excerpts Les Pockell dated Oct. 7, 2008
Exhibit 15 excerpts Evan Boorstyn dated Oct. 7, 2008
Exhibit 16 excerpts Jamie Raab dated Oct. 7, 2008
Exhibit 17 excerpts Dan Wakeford dated Dec. 15, 2007
Exhibit 18 excerpts Mark Speer dated Oct. 23, 2008
Exhibit 19 excerpts Jack Harding dated Feb. 21, 2008
Exhibit 20 excerpts Broncha Stern dated Sept 3, 2008
Exhibit 21 excerpts Virgie Arthur from Houston case dated Oct. 28, 2008
Exhibit 22 Declaration Howard K. Stern Feb. 5, 2009 partially filed under seal
Exhibit 29 notes by Rita Cosby
Exhibits 31, 32, 33, and 34 all filed under seal

The list filed under seal by Debra Neumann for Hachette Books March 13, 2009

Exhibit A excerpts Amy Einhorn dated Sept. 9, 2008
Exhibit B excerpts Mitchell D. Hoffman dated Sept. 10, 2008

The list filed under seal by Elizabeth McNamara for Rita Cosby March 13, 2009

Exhibit 1 excerpts Raymond Martino
Exhibit 2 excerpts Don Clark
Exhibit 3 complete deposition Wilma Vicedomine
Exhibit 4 excerpts Mark Speer
Exhibit 5 excerpts Jack Harding
Exhibit 6 excerpts Larry Birkhead
Exhibit 7 excerpts Pol’ Atteu
Exhibit 8 excerpts Patrik Simpson
Exhibit 10 email between Birkhead and ANS dated Sept. 22, 2006
Exhibit 11 email between Stella Lockhard to Stern attorney Krista Barth dated April 13, 2007
Exhibit 12 updated document by Rita Cosby
Exhibit 14 excerpts book by Cyril H. Wecht published Jan. 6, 2009 (should have been filed under seal we have removed them from the web site.)
Exhibit 15 Big Beautiful Doll filed under seal

LATEST FILINGS BY RITA COSBY IN THE NEW YORK CASE ON SEX TAPE AND ORAL SEX AT A PARTY WITH JACKIE HATTEN STILL NO WHERE TO BE FOUND

August 18, 2009 Rita Cosby’s Notice to the Southern District Federal Court before Judge Chin that she is filing a Memorandum of Law of reconsideration of the sex tape and the “party” where missing Jackie Hatten “says” she saw Birkhead and Stern having oral sex.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2353.

August 18, 2009 Rita Cosby Memorandum of Law Support Reconsideration to the Southern District Federal Court before Judge Chin that she is filing a Memorandum of Law of reconsideration of the sex tape and the “party” where missing Jackie Hatten “says” she saw Birkhead and Stern having oral sex.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2354.

Latest paperwork in Texas State Case

August 11, 2009 Court Order passing on the County attorney’s office filing a “boilerplate” Motion without the facts the court needs on one of the parties filing of an indigence Affidavit.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2352.

©Rose Turner, an Editorial Opinion
August 2o, 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: AG Jerry Brown, Amy Einhorn, Amy Stewart, Anna Nicole Smith, Anna Nicole Smith's Estate, Anna Nicole Smith's Will, Attorney General Jerry Brown, Britney Spears, Broncha Stern, Bruce Littlefield, Bryan Cave LLP, Celebrity Trials, Dan Wakeford, Daniel Smith, Dannielynn, Debra Neumann, Debra Opri Esq., Don Clark, Don Clark ex-FBI, Douglas Maynard, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Elizabeth McNamara, Elizabeth Thompson, Evan Boorstyn, Exclusive Rose Speaks, Feel Good Jerry Brown, Ford Shelley, G Ben Thompson, Geraldo Rivera, Greta Van Sustern, Hachette Books, High Profile Trials, Howard K Stern, J. Christopher Smith Esq., J. Howard Marshall, Jack Harding, Jackie Hatten, Jamie Raab, John "Jay" Patton, L. Lin Wood, Leslie Pockell, Lin Wood, Lori Payne, Luke Lantta, Mark Speer, Micahel Trope, Mitchell Hoffman, Nanny Gate, Neil McCabe, Nicole Jennings Wade, Pol' Atteu and Patrik Simpson, Raymond Martino, Rita Cosby, Stella Lockhard, Steve Sadow Esq., The O'Quinn Law Firm, Tom Bednarek, Tomaczek, Tomaczek Bednarek, Virgie Arthur

Howard K. Stern filed the following under Seal on October 27, as requested on October 24, in the Howard K. Stern vs. John O’Quinn and The O’Quinn Law Firm. Therefore, what does this tell us and why?

The following were documents filed yesterday as per the Court Order:

1. Plaintiff’s Memorandum of Law in Opposition to Defendants’ Motion for Summary Judgment on the Absence of Actual Malice and any attached exhibits or appendices.

2. Plaintiff’s Response to Defendants’ Statement of Material Facts and Plaintiff’s Statement of Additional Material Facts and any attached exhibits;

3. The confidential deposition transcripts of Rita Cosby, Wilma Vicedomine, and Jack Harding taken in the Stern v. Cosby matter which is currently pending in the United States District Court for the Southern District of New York;

4. The confidential deposition transcript and VIDEO of Don Clark which was taken in the present matter and in Stern v. Cosby; and,

5. Documents produced pursuant to Confidentiality Orders entered in the present matter and Stern v. Cosby; and

6. Stern’s Memorandum in Support of Plaintiff’s Motion to Strike Certain Exhibits to Defendants’ Motion for Summary Judgment and attached exhibits.

We have discussed the depositions and confidential documents of Rita Cosby, the depositions “transcripts”, of Wilma Vicedomine and Jack Harding. However, why was Don Clark’s transcript of his deposition with the VIDEO filed? What is on that video that the Stern legal team wants the Court to look at? Why the VIDEO of Don Clark and not just read the transcript of his deposition?

In O’Quinn’s filing for Summary Judgment we got to see a lot of documents including the Affidavit of Don Clark slamming Howard K. Stern and still doing the “mantra” of Howard killed two people and he still thinks that, as well as he thinks the Will was faxed 4 days before Anna Nicole Smith’s death. Clark’s Affidavit also states that Ron Rale and Bonnie Stern had access to the Will thus knowing what it contained prior to Anna Nicole Smith’s death.

Although to go on as defense by the O’Quinn team is allowed to file things publicly in their filings but Stern had to filed under Seal as agreed. What did Stern say in his filings? We will never know unless both or either the Stern vs. Rita Cosby and Hachette Books and/or the Stern vs. O’Quinn suit goes to jury trial. Do you think either of these suits will go to trial so we have access to these filings under seal?

Do any of you have or can find the “show transcripts” that Clark is referring to in regards to Ron Rale and Bonnie Stern? It appears to me in all of the media transcripts filed it seems those are not filed with the Court.

I will have the debunking of the blond ambitious Rita Cosby’s chapter 13 of her book and then I will have some “predictions” of what I think will be happening in both of these cases as they head to trial.

Pick up the papers to these suits that are open to ALL, not just members of Rose Speaks.com. There was also a housekeeping Order issued by the Court yesterday in Florida, granting the Pro Hac Vice requests of John Patton and Amy Stewart. It appears that the same team of lawyers is going to be overlapping these two cases, who would have ever thought they might be connected.

©Rose Turner
October 28, 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: Amy Stewart, Anna Nicole Smith, Bonnie Stern, Dannielynn, Don Clark, Don Clark ex-FBI, Douglas Maynard, Elizabeth McNamara, Howard K Stern, Jack Harding, John "Jay" Patton, John O'Quinn, John Patton, L. Lin Wood, Lin Wood, Luke Lantta, O'Quinn's Don Clark Ex-FBI, Rita Cosby, Ron Rale, The John O'Quinn Law Firm, The O'Quinn Law Firm, Virgie Arthur