List of new documents in all cases concerning ANS and new discussion thread.

October 7, 2009 CBS Unredacted Documents in the Howard K. Stern vs. Rita Cosby and Hachette Books in contracts with Howard K. Stern and the Estate of Anna Nicole Smith.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2502.

October 6, 2009 Virgie Arthur – Rose Turner Submission to the Court for the Agreed expanded hard drive search criteria that were accidentally omitted from the original Agreed Motion.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2503.

October 7, 2009 CBS Notion of Submission of the Motion for Summary Judgment filed last week, this is set for submission only for October 26, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2504.

October 7, 2009 Art Harris Unopposed Motion to the First Court of Appeals asking for an extra week to Reply to Party of Real Interest Virgie Arthur’s Response to Harris’ Writ of Mandamus, the oral argument was moved by the First Court of Appeals earlier today by their on rescheduling from October 13 to October 27, 2009 at 1:30 PM with both sides still have 15 minutes each.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2505.

LATEST FILINGS FROM NEW YORK ARE THE UNREDACTED DOCUMENTS BY RITA COSBY, SOME TO YOU “MAY APPEAR” TO BE MISSING THEY ARE NOT, THE ACCIDENTALLY FILED EXCEPTS OF LARRY BIRKHEAD, POL’ ATTEU, PATRIK SIMPSON AND HOWARD K. STERN HAVE ALREADY BEEN LOADED FOR YOU AS WELL AS WHAT “APPEARS” IN THIS TO BE MISSING EXHIBITS, THERE ARE A LOT MORE TO GO THROUGH TO MAKE SURE WE HAVE ALL OF THEM NOW. WE ARE STILL WAITING FOR HACHETTE’S UNREDACTED FILINGS TO BE FILED WITH THE FEDERAL SOUTHERN DISCTRICT COURT OF NEW YORK.

October 8, 2009 Rita Cosby’s UNREDACTED Memorandum of Law originally filed redacted with her Motion for Summary Judgment on December 15, 2008.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2514.

October 8, 2009 Rita Cosby’s UNREDACTED Rule 56.1 Statement of Facts of this lawsuit as she sees them, originally filed redacted with her Motion for Summary Judgment on December 15, 2008.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2515.

October 8, 2009 Elizabeth McNamara’s UNREDACTED Declaration of Exhibits Filed with the original Motion for Summary Judgment on December 15, 2008.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2516.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit D a small excerpt of the Unredacted deposition of Wilma Vicedomine.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2509.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit E a small excerpt of the Unredacted deposition of Mark Speer.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2518.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit G a small excerpt of the Unredacted deposition of Jack Harding.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2510.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit H a small excerpt of the Unredacted deposition of Bruce Littlefield.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2511.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit J emails between Tracy Ferguson and Howard K. Stern about conflict of interest and accusing Stern of asking her to commit perjury.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2512.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit O statement by Ford Shelley to the Royal Bahamian police following Daniel Smith’s death dated December 19, 2006 AFTER the dispute for Horizons was in the press.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2513.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit P partial statement by Howard K. Stern to the Royal Bahamian police following Daniel Smith’s death dated September 10, 2006.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2517.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit U which contains 15 pages of the CBS contracts made by Howard K. Stern for the different interviews and coverage including the personal contract on February 10, 2007 for himself and the contract for the funeral rights to go into a trust account for Dannielynn.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2506.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit V which contains the Splash contracts made by Howard K. Stern for Estate of Anna Nicole Smith for the funeral rights to go into a trust account for Dannielynn.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2507.

October 8, 2009 Elizabeth McNamara’s Unredacted Rita Cosby Exhibit W which includes the Contract with Getty images including the email between Howard K. Stern and a representative of Getty about doing an interview if the Commitment Ceremony pictures would sell for more.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2508.

©Rose Turner
October 9, 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: Amanda Bush Esq., Amy Stewart Esq., Anna Nicole Smith, Anna Nicole Smith's nannies, Art Harris, Ben Thompson, Bonnie Stern, Bryan Cave LLP, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, CNN Larry King Live, Daniel Smith, Dannielynn, Debra Opri Esq., Diana Marshall Esq., Don Clark, Douglas Maynard Esq., Elizabeth McNamara, Elizabeth McNamara Esq., Entertainment Tonight, Ford Shelly, G Ben Thompson, Gaither Ben Thompson, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera, Greta -On The Record, Greta Van Susteren - FOX, Greta Van Sustern, Hachette Books, Harry Susman, Harvey Levin, High Profile Trials, Howard K Stern, Jack Harding P. I., Jackie Hatten, John "Jay" Patton Esq., John J. Nazarian, John J. Nazarian P. I., Ken and Rose Turner, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Mark Speer, Mark Speers, Nancy Hamilton Esq., Nazarian P. I., Neil McCabe, Nicole Jennings Wade Esq., Patrik Simpson, Pol' and Patrik, Pol' Atteu, Pol' Atteu and Patrik Simpson, Rita Cosby, Ron Rale Esq., Rose Turner, Stancil "Ford" Shelley, Susman and Godfrey LLP, Teresa Stephens, The Horizons Lawsuit, The O'Quinn Law Firm, TMZ.com, Tom Bednarek, Virgie Arthur

Very quietly in January 2009 was published a book by Crime Story writer, Dawna Kaufmann, and renown Medical and Forensic Examiner Cyril Wecht M. D. J. D., called “A Question of Murder” appeared on store shelves and online book stores. The book deals with five cases and goes through how Dr. Cyril Wecht arrived at his conclusion in relation to “A Question of Murder”. I now have the book and this one TRULY has never before published information surrounding the death of Daniel Smith and Anna Nicole Smith. I have only skimmed through the 2 chapters, having laid the book on my bedside table, and saw two glaring things that caught by attention. That Dr. Wecht contacted Howard K. Stern about the testimony of Dr. Hern at the Inquest in Daniel Smith’s death in the Bahamas. The second thing that caught my eye right off is the related facts that in the chapter concerning was Anna Nicole Smith’s death “A Question of Murder” or even of possible murder, is a detailed dialogue of a conference call between Dr. Wecht, Howard K. Stern and Dr. Khristine Eroshevich. Dr. Wecht had extraordinary access to many of the main people who were really in the know about the death of Daniel Smith and his famous mother Anna Nicole Smith. It is well written which is a relief after reading the ninth grade level of writing of Rita Cosby’s book.

I suggest Barnes and Noble for the book but then I have a preference for them. After I read the chapter I will discuss the “A Question of Murder” for Daniel Smith. That will be followed by a discussion of “A Question of Murder” for Anna Nicole Smith. If you don’t like Barnes and Noble a link section on our main site has numerous online stores to purchase the book from.

This book is riveting in the teaming up of Cyril Wecht M. D. with Dawna Kaufmann the Crime story writer to make sure it holds one interest and is not loaded with too much medical jargon. It holds the attention of the reader in great details about all five cases covered in “A Question of Murder”.

I am going to give each of you time to order your copy or pick it up at your local book store before I begin to discuss it. After you have purchased your copy write down the questions you have about “A Question of Murder” we will have access to the authors to finally separate, rumors the out and out lies that tabloid media deal with, and I hope we find the truth; or as much as we can before the preliminary hearing in October.

How Rita Cosby’s book made it to the best seller list and this book did not is beyond my comprehension. Oh yea, the book of the true blond ambitious Rita Cosby had explosive allegations often not covered by facts at all per Judge Denny Chin. His finding outlines his “thoughts” on the meeting the bar of both malicious intent and for punitive damages to be tried before a jury.

Here is a list of documents that will be released by Court Order no later than August 20, 2009. Note that Rita Cosby and Howard K. Stern’s complete deposition are two of the more interesting documents to be released as is Wilma Vicedomine.

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
August 17, 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: A Question of Murder, Anna Nicole Smith, Barnes and Noble, Ben Thompson, Bruce Littlefield, Celebrity Trials, Cyril Wecht M. D. J. D., Cyril Wecht M. D. J. D. - A Question of Murder, Daniel Smith, Dannielynn, Dawna Kaufmann, Dawna Kaufmann - A Question of Murder, Don Clark, Don Clark ex-FBI, Dr Cyril Wecht - A Question of Murder, Dr. Cyril Wecht, Dr. Khristine Eroshevich, Elizabeth McNamara, Ford Shelly, G Ben Thompson, Hachette Books, High Profile Trials, Honorable Denny Chin, Howard K Stern, Jack Harding, Judge Denny Chin, L. Lin Wood, Lin Wood, Lori Payne, Luke Lantta, Mark Speer, Patrik Simpson, Pol' Atteu, Rita Cosby, Rita Cosby's Book, Rusty Hardin, The O'Quinn Law Firm, Virgie Arthur

At what point did Gerald say “Tough Shi%@*!”? I remember Ford Shelley appearing on Greta Van Susteren’s On The Record on Fox numerous times beginning shortly after the break in of Horizons with copies of tapes, pictures, emails etc. I believe I remember that Ford Shelley and his wife Gina even invited Greta Van Susteren’s on a tour of their home in South Carolina proudly showing it off and which rooms Anna Nicole Smith her son Daniel Smith and Howard K. Stern had stayed in during the Christmas holidays of 2005. Didn’t Shelley and his family, Laurie Payne and didn’t even Ben Thompson appear on at least of one of Geraldo’s shows? Then there is the March 31, 2007 hour long show that towards the end Ford Shelley told Howard K. Stern to “Bring it on”, I guess Lin Wood took Shelley up on that and it would appear if Shelley’s deposition is to be believed that Shelley cried like a baby to try to keep Geraldo from showing some tape on one of the shows, would that be the Oct. 2007 show? I also remember Shelley saying smugly that Howard [K. Stern] would be surprise when he learned how many copies of the hard drives had been made and who had them. I guess that surprise is now NOT one.

So is Ford Shelley and father-in-law G. Ben Thompson throwing one of their attorneys Susan M. Brown under the bus or would that be an eighteen wheeler?

Ford Shelley refers to both Danny Santiago, his boss lady, Ford Shelley and “for him, [Shelly], Susan Brown. Frankly I don’t see anything wrong with that, would most people who could afford an attorney have one present during a recorded statement to be used by the California DOJ or the California Bureau of Narcotics. It appears from Shelley’s June 2, 2009 deposition that is what he is saying and that it was Susan Brown and not one of his criminal attorneys he asked to be present during that taped statement.

Ford Shelley goes on to say he “avoid Agent Santiago calls until his lawyer Tommy Brittain told Shelley that he “needed to meet with [Santiago]” …”My lawyer in Florida set it up.” Both lawyers were top criminal attorneys that Shelley retained right after arriving back in the U. S. from Horizons after Anna Nicole Smith’s death. Mr. Brittain if I remember correctly went with Shelley to turn in the items taken from Horizons to the Horry County Sheriff’s department on the afternoon of February 12, 2007 and it was Shelley’s attorney in Florida, Walter “Skip” Campbell, Esq., if I am not mistaken that talked Dr. Perper into holding up the autopsy results to late in March 2007 on Smith pending that Shelley wanted Dr. Perper to look at some evidence on some computer that Shelley and his Florida attorney thought would implicate Howard K. Stern and that was all in Feb. and March 2007.

What is up with this tape of Ben Thompson on Fox about being a pedophile that Neil McCabe allegedly called about and then wanted to talk to Shelley about “did I [Shelley] find the tape?” What tape is Shelley referring to in this part of his deposition? That last conversation with McCabe occurred two weeks or mid May 2009 with Shelley if Shelley’s memory was finely alert enough to remember who and when he talked to any of these people. Before that it had been about a year ago, [May 2008], when “they came to town. ..John O’Quinn, Neil McCabe, Don Clark and WV [and] “that was to see the Clown Video”. Didn’t Ford Shelley appear at the burial proceedings in February 2007 as a witness for O’Quinn and didn’t Shelley authenticate and offer into evidence a segment of that now infamous clown video?

Some of the other highlights from Ford Shelley excerpt of his deposition on June 2, 2009 that caught by eye are the following:

“I didn’t feel comfortable…. I didn’t feel comfortable just in general. I mean, I didn’t – other than that meeting they [Neil McCabe, Don Clark and WV], asked to speak. Susan Brown set it up. … [Meeting] lasted a couple of hours maybe.” … There was nothing to tell. My issue through all of this is just about ownership of the house, not — not being drug into accusing anybody of anything because I have no knowledge of that. My issue is with the house and I don’t want to be involved in the other parts of this thing….on October the 27th of 07, on Geraldo’s show, which — I said it, Anna — when Geraldo referred to Anna in her drunken stupor and those things, it upset me. And I even clarified him and said, “No, she wouldn’t have done anything to her my child ever”, okay? and I know that. …and Howard is — he’s cold hearted. …I’m mad that it’s been drawn out this… My bitch is about the money I spent for the house and I’m being drug into these other things and what I found used against others and I don’t like it. ..No, but I’m going to say this. If she thought it was in our best interest, [Ms. Brown handing over copies of tapes to be copied], or she was served, then she has my authority to release it if that was required. …”

Here are some of the highlights that caught my eye from Ford Shelley’s excerpt of his deposition on June 3, 2009:

(Q) Did you tell Larry Birkhead that you would not return the clown video to him because it showed your daughter Riley on it and so you were therefore asserting ownership of the clown video?

(A) I told Larry Birkhead that — yes, Sir, I did…Because I meant it and I said it. And I turned it over to the California Department of Justice when I was required.

(Q) Have you talked wit her [Susan M. Brown], about why she would have given Don Clark of Neil McCabe or Anna Nicole Smith’s hard drive so that they could copy those hard drives?

(A) I called her yesterday and asked her. …She said it was part of a lawsuit that was in — with Virgie Arthur. And I told her that I don’t know and I don’t remember — I haven’t signed anything agreeing to be a party to a lawsuit. And she said “Well, I have to find out,” I said, “I *wasn’t*

(Q) So this was news to you, what she told you yesterday?

(A) You floored me yesterday, sir. … Your damn right. I didn’t know it. .. I did not know it. …So I had to back up and regroup and say, you know what, he was right to feel what he feels. His feelings are right too. He’s got feelings. And how he is taking this in matters. And I just don’t look at myself anymore. I’ve got to look at how he sees it, how I see it, but what really is the truth, and the truth is in the eyes of the beholder. There’s a happy medium. He wasn’t wrong and neither was I. We both said and did things. Truce I’m ready to go on…”

Is the “he” that Ford Shelley is talking about Howard K. Stern? If it is Howard K. Stern how will this deposition compare with the taped interview with Agent Danny Santiago? If the “he” is Howard K. Stern, how could this deposition and this last statement help or hurt the California criminal charges?

I was going to try to get this all in one article but there is just way too much. I suggest you pick up all eighteen documents filed on Monday as listed below and I will have Part 2 tomorrow which will be G. Ben Thompson and his son Gaither.

Here is a list of the documents:

July 13, 2009, The Estate of Anna Nicole Smith Response to attorney Susan M. Brown’s Motion to Quash Subpoena Duces Tecum filed in the Federal Court for the Northern District of Georgia.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2199.

July 13, 2009, The Estate of Anna Nicole Smith’s Request for Oral Arguments on the Response to and request to Compel Susan M. Brown Motion to Quash Subpoena Duces Tecum.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2198.

July 13, 2009 Exhibit A – A Copy of the Original Suit in this case filed in the Federal Court in South Carolina; Court papers appointing Howard K. Stern as Executor and Special Administrator by the California Probate Court; Copy of Anna Nicole Smith’s Will; Copy of Injunction filed in the Bahamas against G. Ben Thompson and others not to interfere in the residence of Anna Nicole Smith at the house known as “Horizons”; Letter Dated March 30, 2007 from Lily Sanchez to Walter “Skip” Campbell, Esq. [Ford Shelley's criminal attorney in Florida], demanding the return of the “stolen items”; press release from Howard K. Stern from February 2007 about the items alleged stolen from the Bahamas residence known as “Horizons”; Letter Dated April 13, 2007 from Lin Wood to Walter G. “Skip” Campbell, Jr. Esq. “;. Letter Dated May 31, 2007 from Lin Wood to Thomas C. Brittain, Esq {Ford Shelley’s S. C. Criminal attorney} demanding the return of the “stolen items; Letter Dated June 21, 2007 from Lin Wood to Thomas C. Brittain, Esq. demanding the return of the “stolen items; Letter Dated July 25, 2007 from Lin Wood to Thomas C. Brittain, Esq. demanding the return of the “stolen items; Letter Dated October 30, 2007 from Lin Wood to Susan M. Brown (new lawyer for Ford Shelley in Georgia) demanding the return of the “stolen items; Letter Dated November 29, 2007 from Lin Wood to Susan M. Brown demanding the return of the “stolen items; and emails between Larry Birkhead and Ford Shelley.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2211.

July 13, 2009 Exhibit B – A Copy of the Declaration of Howard K. Stern filed in the Original Proceeding in S. C. federal Court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2200.

July 13, 2009 Exhibit C Press Release about the alleged stolen items from “Horizons” issued by Howard K. Stern with a copy showing Fox picked it up online on February 13, 2007.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2201.

July 13, 2009 Exhibit D – Copy of Subpoena served on Susan M. Brown on June 30, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2202.

July 13, 2009 Exhibit E – Copy of Subpoena served on Susan M. Brown’s Law Office Custodial of Records on June 30, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2203.

July 13, 2009 Exhibit F part 1 – Motion and Memorandum of Law in Support to not cooperate with Rita Cosby nor respond to her Subpoena on G. Ben Thompson or Ford Shelley filed August 19, 2008 in the federal court in S. C.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2212.

July 13, 2009 Exhibit F part 2 – Exhibits filed with Motion and Memorandum of Law in Support to not cooperate with Rita Cosby nor respond to her Subpoena on G. Ben Thompson or Ford Shelley filed August 19, 2008 in the federal court in S. C. which are an exact replica of Exhibit A of these filings.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2213.

July 13, 2009 Exhibit F part 3 – Exhibits filed with Motion and Memorandum of Law in Support to not cooperate with Rita Cosby nor respond to her Subpoena on G. Ben Thompson or Ford Shelley filed August 19, 2008 in the federal court in S. C. which includes a copy of the Subpoena Deuces Tecum files by Rita Cosby on Ford Shelley and G. Ben Thompson and the letters back and forth between Luke Lantta and Susan Brown in the month of August 2008.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2214.

July 13, 2008 Exhibit G – Copy of Consented Agreed Order of Injunction prohibiting the compliance to the Subpoena Duces Tecum as issued by the federal court of S. C. on January 16, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2204.

July 13, 2009 Exhibit H – Pictures of two imaged of hard drives as they were delivered to Powell Goldstein now Bryan Cave via carrier in January 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2215.

July 13, 2009 Exhibit I – Excerpts from Ford Shelley’s deposition dated June 2, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2205.

July 13, 2009 Exhibit M – Excerpts from Ford Shelley’s deposition dated June 3, 2009

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2209.

The rest of the Exhibits will be referred to in tomorrow’s article are open to ALL to download not just members of Rose Speaks.Com.

What is Ford Shelley believable rating to you after reading through all of this?

©Rose Turner
July 14, 2009
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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

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

Tags: Anna Nicole Smith, Bahamas Horizon Law Suit, Ben Thompson, California Bureau of Nacortics, California Department of Justice, Celebrity Trials, Daniel Smith, Dannielynn, Danny Santiago, Don Clark, Don Clark ex-FBI, Dr. Perper, Elizabeth McNamara, Ford Shelley, G Ben Thompson, Gaither Thompson, Geraldo - Fox, Geraldo Live and Direct, Gina Shelley, Greta -On The Record, Greta Van Sustern, Hachette Books, Howard K Stern, L. Lin Wood, Lily Sanchez Esq., Lin Wood, Luke Lantta, Rita Cosby, Stancil "Ford" Shelley, Susan M. Brown, Tommy Brittain Esq., Walter "Skip" Campbell Esq

In the four “accidentally” for nine hours filed excerpts of deposition and documents released to the public by Rita Cosby’s lawyer, Elizabeth McNamara via PACER, two of the people have now reviewed the parts filed in regards to them. That have stated, “We don’t think this was an accident, we think it was a brilliant move by Cosby’s lawyer. We want you to release the excerpts of our deposition and put those up on your blog”.

We have contacted representatives of the other two people whose deposition excerpts and exhibits were filed “accidentally” to let them know that in all fairness we feel we need to put those up as well.

When Rita Cosby’s 14 pages were put up with Court filings in November 2007, we purchased those through PACER as we did these. We also as two other sites put those up and let the lawyers and the judge battled out who was blamed if anyone and what to do about that.

In fairness to Cosby, we have struggled as we have stated since December 15 with the right of the public to know versus the right of privacy. Once we received the permission of two of the four people affected and being always a transparent site, no matter who the paperwork might make look bad, we are going to be putting up all of the paperwork with an editorial opinion about it later today.

Stay tuned, the paperwork is breath taking, stunning and guaranteed to cause thought provoking conversations around the blogosphere.

©Rose Turner
January 15, 2009
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: Anna Nicole Smith, Ben Thompson, Bryan Cave LLP, Daniel Smith, Dannielynn, Debra Opri, Elizabeth McNamara, G Ben Thompson, Howard K Stern, John "Jay" Patton, John Patton, L. Lin Wood, Lin Wood, Luke Lantta, Nicole Jennings Wade, Pol' Atteu and Patrik Simpson, Rita Cosby

G. Ben Thompson missed the filing date the Court set of November 3 for his mandatory filing of the Rule 26 f of initial disclosures, also Howard K. Stern’s attorney pointed out that due to Thompson’s attorney being ill they had not been able to hold the required conference via phone.

The Court approved Susan Brown to represent Ben Thompson. Howard K. Stern has attorneys approved for Pro Hac Vice status, including Lin Wood, Luke Lantta, Nicole Jennings Wade of Powell Goldstein as well as his South Carolina attorneys.

The best reading in my opinion is the Rule 26f filings required by the Court of which to date Ben Thompson has not answered. Ford Shelley lists only 3 witnesses, himself, his wife Gina Shelley and Howard K. Stern. However, in Shelley’s rule 26-3-a local rule filings, he lists only himself and his wife Gina Shelly as witnesses or persons that have information relevant to these allegations.

What caught my eye was the list of people who have possessions of some of the items alleged to have been taken out of Horizons the day after Anna Nicole Smith’s death.

1. Defendant Shelley has possession of a copy of a clown video.
2. All documents and tangible items related to litigation in the Bahamas which are in possession of the Bahamian authorities.
3. All documents and tangible items in possession of the California Department of Justice as to any investigation relating to Ms. Smith.
4. All documents and tangible items in possession of co-defendant Ben Thompson and/or his agents.
5. All documents and tangible items in possession of Larry Birkhead and/or his agents.

Which leaves the question of who has the ORIGINAL copy of the infamous Clown Video?

Howard K. Stern’s filing is a tad more revealing about where Stern’s team is going. In his required Rule 26-f list of the following witnesses.

(1) Howard K. Stern
(2) Larry Birkhead
(3) Pol’ Atteau
(4) Rita Cosby
(5) Don Clark
(6) Wilma Vicedomine
(7) Stancil “Ford” Shelley
(8) G. Ben Thompson
(9) Tom Pirtle, on of Virgie Arthur’s Texas lawyer at the burial hearing
(10) Tracy Ferguson an attorney that is part of Callendar’s in the Bahamas that G. Ben Thompson is suing.
(11) Gaither Thompson
(12) Melanie Thompson
(13) Gina Shelley
(14) Representatives of Fox News
(15) Representatives of Biscayne Professional Associates (possibly the company that imaged Anna Nicole Smith’s computers and hard drives when the Estate recovered them)

Howard K. Stern lists several Counts that make the basis of the Estate’s case against Ford Shelly and Ben Thompson and a couple caught my attention.

Count Three: Statutory and common law commercial appropriation of right of publicity:

Under California law, the right of publicity survives the death of a celebrity. Thus, any person who uses a deceased person’s name, voice, signature, photograph, or likeness, in any manner . . . without prior consent from the executor of the deceased person’s estate commercially misappropriates the deceased person’s right of publicity. Cal. Civ. Code § 3344.1.

There can be no dispute that Ms. Smith held a fully descendible right of publicity
in her Estate property. See Cal. Civ. Code § 3344.1. Further, Shelley has admitted to removing documents and materials from Horizons after Ms. Smith’s death. There is no question that these documents and materials are owned by the Estate. Further, there is no dispute that these items removed by Shelley contained Ms. Smith’s name, voice, signature, and photograph. Shelley used the property by, among other things, distributing it to third parties, including media entities. Shelley had no prior consent from the Executor to use the property he stole from Horizons.

Count Six: Violation of the Computer Fraud and Abuse Act:

Whoever knowingly causes transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or intentionally accesses a protected computer without authorization, and as a result of such conduct causes damage and Forensic analyses confirm that Shelley copied and deleted files contained on the password protected computers and external hard drives owned by the Estate, which Shelley unlawfully removed from Horizons. Shelley lacked authorization to access the computers and external hard drives. Shelley’s conduct caused damage and losses in excess of $5,000 in a one-year period. causes losses of at least $5,000 in a one-year period, violates federal statute. 18 U.S.C. §1030(a)(5).

Forensic analyses confirm that Shelley copied and deleted files contained on the
password protected computers and external hard drives owned by the Estate, which Shelley unlawfully removed from Horizons. Shelley lacked authorization to access the computers and external hard drives. Shelley’s conduct caused damage and losses in excess of $5,000 in a one-year period.

Stern’s Local Rule 26-3-a, lists most of the same witnesses with the exception of Wilma Vicedomine which leads to ask when and why did she become involved with Ben Thompson and Ford Shelley?

Howard K. Stern’s lists the following evidence and documents in the same disclosure that he and/or the Estate (Dannielynn Birkhead as the sole heir) might use to prove the claims.

The following categories of documents in the Executor’s possession, custody, or control may be used to support his claims:

(1) All documents referred to in the Complaint.
(2) Documents relating to the investigation into Defendants’ unlawful conduct in the Bahamas.
(3) Media interviews of Defendants.
(4) Communications between Defendants and third parties regarding the factual circumstances that form the basis for the allegations in the Complaint.
(5) Deposition transcripts of third parties in other litigation regarding the factual circumstances that form the basis for the allegations in the Complaint.
(6) Forensic analyses of Ms. Smith’s computers.
(7) Communications from counsel for Defendants which support the factual basis for the allegations in the Complaint.

So folks why did Ben Thompson miss the date of November 3 and has not notified the court or ask for an extension due to one of his lawyers being ill? Who edited the Clown Video and who has the original now? Why is Tom Pirtle listed, but the rest of Virgie Arthur’s legal team in Florida are not? Then we have Don Clark on both disclosures but Wilma Vicedomine as the lone separate person missing in one of the filings.

Could the Clark/Vicedomine investigation lead us from California, to Florida, to New York to South Carolina in the alleged attempts to have Howard K. Stern arrested and tried for something, anything it appears if the filings are to be believed.

Remember you can pick up all of the documents related to the Estate of Anna Nicole Smith suing Ben Thompson and Ford Shelley, opened to ALL, not just members of Rose Speaks.com.

In other news on November 4, 2008 Court Order from Florida that Postpones the Requirement of John O’Quinn and the O’Quinn Law Firm financials until November 10, 2008 the deadline for the two sides to file a Joint Motion to Dismiss with Prejudice.

©Rose Turner
November 5, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: Anna Nicole Smith, Anna Nicole Smith's Will, Ben Thompson, Biscayne Professional Associates, California Department of Justice, Clark/Vice investigation, Daniel Smith, Dannielynn, Don Clark, Don Clark ex-FBI, Ford Shelley, FOX News, G Ben Thompson, Gaither Thompson, Gina Shelley, Horizons, Horizons in the Bahamas, Horizons lawsuit, Howard K Stern, John "Jay" Patton, John Patton, L. Lin Wood, Lin Wood, Luke Lantta, Melanie Thompson, Nicole Jennings Wade, O'Quinn's Don Clark Ex-FBI, Pol' Atteu, Rita Cosby, Stancil "Ford" Shelley, Tom Pirtle, Tracy Ferguson of Callendar's in the Bahamas

Ford Shelley filed his Answer to Anna Nicole Smith’s Estate Suit for wrongful taken of her property after her death. Ford Shelley also filed his Response Rule 26 Interrogatories to the Estate’s Rule 26 Interrogatories request.

We suggest you download the Original Complaint and G. Ben Thompson’s Answer to read along and get your take on the filings of the Answer of Ford Shelly as opposed to G. Ben Thompson.

In the filings in the New York Federal Court on September 24, it made no mention of looking at the things in the possession of Ford Shelley nor take any deposition. What does that mean, did Ford Shelley already turned things over to lawyers in other suits and other jurisdictions?

Let us know what you think.

Remember the documents for this suit is open to ALL not just members of Rose Speaks.com.

©Rose Turner
September 29, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: Anna Nicole Smith, Anna Nicole Smith's Will, Ben Thompson, Dannielynn, Ford Shelley, G Ben Thompson, Horizons lawsuit, Howard K Stern, John O'Quinn, Rita Cosby, Virgie Arthur

In the Original Complaint filed August 4, 2008, the executor of the estate for Anna Nicole Smith, Howard K. Stern, filed that this suit “is an action for compensatory, equitable, and punitive relief arising from actions taken by Defendants with respect to personal property”. However, the Answer filed on September 16, by G. Ben Thompson is stating his “Answer and Affirmative Defenses to Plaintiff Howard K. Stern’s Complaint for Libel (the Complaint)”. I am not sure of the strategy behind this Answer and the ignoring of the Estate’s claim of wrongful taking of property and Thompson and saying it is about the fact that G. Ben Thompson did not “commit Libel” against Howard K. Stern.

Many of us watched Entertainment Tonight as Ford Shelley along with the John and Jane Does he used to help him remove all of Anna Nicole Smith’s, Dannielynn and Howard K. Stern’s possessions and then had the locks changed to her [the Horizons] house. Ford Shelley’s statement was that Anna had asked him to remove these items upon her death.

We then watched ET again as Howard K. Stern returned home to find the house pilfered with a note attached to a Lampshade explaining who had been there and why.

Pol’ Atteu’s statement, in the article of May 18, 2008, during his interview here at Rosespeaks.com talks about the day Ford Shelley removed all of these possessions from Horizons. “That’s one of the hardest things Pol’ ever had to do: stand there and watch them pillage Anna’s home. At the time, there was NO establishment of residence in place. Technically, there was no LEGAL way to stop Ford Shelley and crew from doing what they did. While that was going on, an attorney for Howard, Wayne Munroe, was in court to get a court order to get the house back, which would have prevented Ford and crew from doing what they did. Pol’ was outside with the Police waiting, so even if he wanted to do something, he couldn’t. It was the most helpless feeling. And, to make it even worse afterwards and walk in to see what a disheveled mess was left behind. Once those court orders were in place, Pol’ had the locks changed to prevent them from coming back and then immediately went to the Bahamas Police Station to file the theft report.”

One by one we again watched as the media exploited all of Anna’s stolen personal videos that had been altered to show both Anna and Howard in a very bad light. Geraldo, Greta and Nancy Grace couldn’t get enough of Anna Nicole Smith’s very private life and her personal struggles.

G. Ben Thompson’s Answer is fairly typical of most Answers in federal court I have read in regards to the Original Complaint. That is except right off, G. Ben Thompson states instead of “libel” that he is denying anything in the Complaint that “implies or infers any liability on his behalf for any alleged damages had by the Estate of Anna Nicole Smith”.

The Answer contains statements of, “Defendant admits the allegations”; “Defendant denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained…” and “The Defendant denies the allegations.” It is better reading if you put the Original Complaint of the Estate next to G. Ben Thompson’s Answer to get the gist of what each is saying. [Stancil] Ford Shelley’s Answer is due on September 29, per the stipulation agreed to by the Executor of Anna Nicole Smith’s Estate.

Among the things that stuck out to me in Ben Thompson’s Answer was number 18 in which Thompson says, “Defendant denies the allegation “…that Ms. Smith maintained a home in the Bahamas known as Horizons, but admit[s] the Defendant owns a home in the Bahamas known as Horizons that Ms. Smith was permitted to live in”. Most of us remember that Ben Thompson dropped any claims of ownership to Horizons when he sued his previous attorneys in the Bahamas, the bank, the previous owner of Horizons, and the Estate of Anna Nicole Smith [Dannielynn] in the Bahamas in August 2007.

Thompson denies all of the following: The dispute first arose after the death of Ms. Smith’s son, Daniel, on September 10, 2006. Thompson had an eviction notice served on Ms. Smith on October 20, 2006, the day after the funeral of Ms. Smith’s son, Daniel. In mid-November 2006, Thompson had the power at Horizons turned off while Ms. Smith was in the home with her newborn daughter. However, Thompson admits in his Answer that, “in October 2006, Ms. Smith sued Thompson over ownership of Horizons, and Thompson filed a counterclaim against Ms. Smith. On November 20, 2006, the court in the Bahamas entered an injunction (the “Injunction”) against Thompson and his agents, which prohibited Thompson and his agents from entering Horizons.” Thompson goes on to say he is not sure if the Injunction was posted at the all entrances of Horizons, but denies he ever had “publicized the contentious dispute with Ms. Smith in the international media, including holding a press conference in early November 2006”. [See photo with article note that Bahamian attorney Knowles is in the photo at the news conference], wonder when this press conference was held in the Bahamas? Thompson goes on to deny that Ford Shelley and he “appeared on the Fox News Network (“Fox”) show On the Record with Greta Van Susteren, on January 30, 2007, to publicize the contentious dispute with Ms. Smith.” I wonder why he would try that “don’t believe your lying eyes”, as Geraldo, said during many interviews with Shelley and Thompson. Following that in any of the allegations of Shelley going into the house or interviews following that alleged break in, Thompson states that, “[he] Defendant is without sufficient knowledge to admit or deny the allegations”.

One of the most interesting denials in Thompson’s Answer is that Ford Shelley and others DID NOT take the tape now known as the “Clown Video”, doesn’t that kind of make that tape useless to Geraldo the AG of California and others if that chain of possession is broken by “I don’t know nothing about no clown video”? Another interesting thing is how did the tape that was the dispute of Horizon’s between Ford Shelley and Anna Nicole Smith that we have all seen make it on to Greta’s show if no one took it, did it fly itself into the hands of the show’s producers in time for Shelley and company to appear with it? Thompson also, had NOTHING to do with the taking and releasing of those pictures with Shane Gibson as well as the calls that were released later of Gibson calling Anna Nicole Smith when she was in California, so who did. Thompson also denies that there is any ongoing investigation in the Bahamas over the break in of Horizons and the taking of any personal property of Anna Nicole Smith. If not Thompson via Shelley then why was Shelley at the dentist and could not talk to Bahamian officials when they came to Myrtle Beach to talk with him? On the other hand, was the investigation closed after Thompson and Shelley’s testimony at the Inquest? Thompson does admit some items of Ms. Smith began to appear in the media, however [Thompson], denies knowledge as to who released them to the media or how they were obtained.

Thompson denies that [Ford] Shelly provided the Clown video to various media outlets. So if not Ford Shelley to Greta and Geraldo as Shelley appeared on those programs either in “crocodile tears” or at other times in “outrage” over how his “good friend” Anna Nicole Smith had been done wrong by Howard K. Stern, then how did those alleged edited tapes find their way into the media hands? That leads to another question, of why did friends of Ford and Gina Shelley remember being in the “Clown Video”? Why did they remember being around the pool in the blurred out part that appeared on Geraldo’s show in October 2007 along with Ford Shelley? This show allegedly was done right before Shelley was flying right out to give that video to the DOJ of California or the FBI.

Thompson is not sure about whether Ford Shelley shared items taken from Horizons with the media because Thompson “denies knowledge or information sufficient to form a belief as to the truth of the allegations.” However, Thompson is sure that Shelley never falsely asserted during “media appearances that he had returned some of the Estate property to the Horry County, South Carolina authorities, or that Shelly falsely asserted that he had returned all Estate property in his possession to those authorities”. So is Thompson in a round about way is saying they still have some of this property, but he is unsure if it was ever taken?

Thompson denies that, “Stem has consistently demanded that Shelley return all property in his possession belonging to the Estate to Stem’s attorneys in Atlanta, Georgia”. Thompson denies that, “On or about May 22, 2007, in blatant disregard of Stem’s demands that Estate property be returned to Stem’s counsel only, Shelley delivered certain Estate property to Larry Birkhead (“Mr. Birkhead”), the father of Dannielynn Birkhead, who is Ms. Smith’s daughter, in Kentucky.”

Thompson denies that, “Shelley knowingly caused the transmission of the “copy” and other commands to a protected computer, and as a result of such conduct, intentionally caused damage without authorization. Shelley intentionally accessed a protected computer without authorization, and as a result of such conduct, caused damage.” That is reminiscent of the USA vs. Lori Drew criminal case isn’t it?

In Thompson’s “Affirmative Defenses” Thompson states in part that, “By alleging the Affirmative Defenses set forth below, The Defendant is not in any way acknowledging or conceding that he has the burden of proof for any issue as to which applicable law places the burden on Plaintiff. Plaintiff’s claims are barred, in whole or in part, by the doctrine of un-clean hands. The statements complained of in the Complaint are privileged under the common law. The actions complained of concern a public figure and were published without the applicable degree of fault, including without negligence, gross irresponsibility, actual malice, or fault of any kind. Plaintiff’s claims fail because any injury or damages suffered by Plaintiff, which injury or damages The Defendants expressly deny, were proximately or directly caused, in whole or in part, by the actions of Plaintiff, or by the actions of others over whom The Defendants had no control.”

Pick up a copy of the Original Complaint and the Answer of G. Ben Thompson in our download section, open to ALL, not just members of Rose Speaks.com and tell us what you think of the September 16 Answer filed by Thompson.

The new password protected blog for this article provided to regular posters who have expressed concern about their posts being c/p to other forums is at this link.

©Sunflower and Rose Turner – coauthors
September 20, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the authors.

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, and/or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: Anna Nicole Smith, Ben Thompson, Daniel Smith, Dannielynn, Ford Shelley, G Ben Thompson, Geraldo At Large, Greta -On The Record, Greta Van Susteren, Horizons, Horizons law suit, Howard K Stern, L. Lin Wood, Lin Wood, Nancy Grace, Patrik Simpson, Pol' Atteu, Pol' Atteu and Patrik Simpson, Rita Cosby