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
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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