Posts Tagged “Bonnie Stern”

Anna Nicole Smith trial comes to an end

It is very common in a criminal trial or even civil trials for a jury to ask for “technical legal interpretations” during their deliberations or to even ask that a witness testimony transcript be read back to them.

The questions asked that are being addressed in a morning hearing today are the following:

1. “The note from the jury stated that the language in two of the counts `speaks only to prescribing, not furnishing, aiding or abetting,’ and “How does this charge apply to Howard K. Stern?’

To me that is a no brainer. We do not have everything said in court during the trial but to the best of my knowledge no one accused or gave any testimony that Howard K. Stern has ever written any prescriptions. Picked them up, yes. Should have read them and notice his name were on a few, yes. But I have never heard of him falsifying or copying one of the doctor’s signatures to obtain any of the prescriptions. There was testimony that he was more involved then what Stern claims, but no “hard proof” was testified to. In this case I think the answer to that would be “only in the felony conspiracy charges”. I expect the judge to agree and detail this for the jury.

2. “The panel also questioned whether the verdict for Stern automatically depends on the verdicts for the two physicians, Sandeep Kapoor and Khristine Eroschevich, or whether the jurors are to consider the defendants separately.”

This one is harder to read, since I would think the felony conspiracies would be all or none, and the doctors both have stated that they did not know each other before being charged and the only common denominators were Anna Nicole Smith and Howard K. Stern. Other than the conspiracy felony charges I would think you cannot judge a lawyer for following a doctor’s direction unless the lawyer was directing the doctors which again I don’t think there was any evidence of the ole “Stern was the kingpin” as we have heard in the civil cases.

That said something more has me a tad concern. Why did Judge Robert Perry take an unscheduled vacation while a jury was out on a high profile criminal case? Unless it was an emergency and both the lawyers and jury were told that, the fact that Judge Fidler is now in charge of the deliberations phase, this gives me pause and a little concern.

I checked with court watchers and attorneys last night and could find none that unless it was a family emergency and then the deliberations are put on hold, that a judge has taken a “vacation” at the beginning of deliberations, or for that matter until the verdict came in. This includes civil, family and criminal lawyers and court watchers I checked with. The reason for that is the sitting judge for a trial has been there since hour one and knows the facts far better then any other judge.

What is more worrisome to me is the statements that Judge Robert Perry made to lawyers during the trial, especially that this was one of the three worst cases of prosecutors over reaching type statements and then reversing the direction he was going in and not throw out several charges nor did the D. A. office streamline and drop some of the charges as Judge Perry suggested. If you remember Judge Perry’s attitude and statements we have read was that he felt none of the charges reached the bar needed to prove felonies. His instinct was to toss the case until as the AP reported he spoke with another judge he had great respect for and was told to “trust in the jury system and let the case be decided by the jury”. I think we were all stunned by that sudden about face. Then the question of which other criminal judge would Judge Perry had received this advice from? Most judges do not discuss a case they are sitting on with another judge, after all judges are kings in their own courtrooms those black robes assure that. The only judge I know of that would possibly speak to a judge during a trial is the administrative judge over all of the courts. (I, E. Lindsay approached Judge West the sitting administrative judge for the whole civil division when she wanted a case transferred to her.).

Then I did more research and found that Judge Fidler IS THE ADMINISTRATIVE JUDGE for all 34 criminal courts in Los Angeles county and runs a tough court, often having his mind made up before the lawyers even argues a point, as in interrupting them in mid sentence and ruling.

This could be two things, political with Judge Fidler saying the buck stops with me and in this season of AG Jerry Brown running for governor, and the L. A. District attorney running for AG of California that Judge Fidler has stepped in to take the heat if a none guilty verdict comes back. Or it could be Judge Perry had an emergency thus prompting “an unscheduled vacation”, but would that be a vacation? Or in a long shot you could have political decisions and heat being put on Judge Fidler that the prosecution was not getting a fair shake from Judge Perry.

Whatever the reason that should give everyone a moment to pause, however that said, none of us will ever know what is going on in the background of closed offices and heat because this is a political season.

The hearing is going on now this morning, we shall see how this goes and what the judge rules. I don’t think any of us can determine what these questions means EXCEPT that the jury is seriously considering the guilt on some of the charges for the doctors.

Can y’all go through this charging document and share what has been dismissed, what is pending, and if any more charges were ever added after March 2009. Also it is the conspiracy charge that kicks in for the aiding and abetting? Or is that some where in this charging document dated March 19, 2009. I have to admit I am confused here.

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©Rose Turner
October 14, 2010
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Howard K Stern Dr. Khristine Eroshevich Dr. Sandeep Kapoor

Like I said from the beginning, Judge Perry did not like this case from the very first hours of the prelim. The defense was thrilled and less thrilled when it was going to be held in another court. Then in a twist of fate it was back with Judge Perry. Folks he does not like this case and in my opinion feels it to be a waste of judicial time.

Note: the quotes below are from Linda Deutsch’s article for AP, I would have gone down to CCB but…

The criticism came as Superior Court Judge Robert Perry reluctantly agreed to let jurors see a videotape of Smith on an awards show in a performance her former boyfriend Larry Birkhead said was considered “loopy, wacky and crazy” by many people.
Perry, however, said outside the jury’s presence that he was concerned about the prosecution’s case.”

It’s the people’s position that Anna Nicole was kept in a drugged state,” Perry said. “They claim she was a pawn in the hands of her handlers and doctors who kept her in a drugged state to control her and her money.”

The evidence so far does not support that, he said

“I’m seeing a strong-willed person who ordered people around and was her own boss,” Perry said”

Judge Perry gets it, the charges as they are filed are the problem, as I stated before, the truth will never be found in this courtroom. The truth was when everyone hated each other in Florida, do ya remember all of that?…….. …..

… “Trust me. I’m a doctor.”

…from my knowledge Kapoor has a very successful medical practice and will be fine. Dr. Eroshevich will too survive if found not guilty and Howard? Not a question one of the most brilliant minds I have ever been around except…

For the rest of this article visit Desperate Exes.com below, it will be worth your time.:

/http://desperateexes.com/2010/08/21/anna-nicoles-3-stooges-have-a-friend-in-judge-perry/

©John J. Nazarian
August 22, 2010
Used with the permission of John Nazarian P. I. – writer
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The expressions in this blog article are based on the opinions of our featured author, John Nazarian, 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 limit your comments to the subject of the article, otherwise the moderators will move them or delete them.

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Bonnie Stern in Las Vegas

< We learned yesterday that in the Anna Nicole Smith conspiracy to give drugs to a known addict case that Bonnie Stern testified for the prosecution about her brother Howard K. Stern. You think a prosecution witness would be for the prosecution however that is not the case with Bonnie Stern.

In what must have been a powerful moment in court, Steve Sadow, Howard K. Stern’s attorney had Bonnie Stern described her brother’s love for Anna Nicole Smith by asking “Did you believe your brother was in love with Anna Nicole Smith?” Bonnie Stern’s answer was; “”She was his everything,” I only wish I would meet someone that loved me as much as he loved her.”

Stern’s sister did authenticate and identified emails that Deputy Attorney Renee Rose had stated on August 6, 2010 was the only way to get these emails on the record with the taking the position that Bonnie Stern and Anna Nicole Smith were uncharged conspirators. It appears from the AP report of LINDA DEUTSCH that there were in fact several emails between Anna Nicole Smith and Bonnie Stern where Smith was requesting “the shipments”. Stern’s sister, Bonnie, did not deny the emails but said she couldn’t remember having the items sent to Smith or her brother, Howard K. Stern.

The AP reported, in one e-mail, she wrote she “gave Chris everything” from a doctor in Beverly Hills to bring to Smith. She acknowledged the reference was to defendant Dr. Khristine Eroshevich, but said she didn’t remember giving the doctor anything

We have to wonder if Dr. Levy was a common doctor used by both Stern’s sister, Bonnie and Anna Nicole Smith. If he is since he is on the prosecution list will his records reflect Bonnie Stern picking up multiple prescriptions for shipment to The Bahamas for Smith. Did Dr. Levy make a deal with the prosecution so as not to be sitting where the other two doctors are today at the defense table?

The AP also said that the e-mails admitted into evidence revealed tensions between Smith and Howard K. Stern. They said in part; “I hurt so much and it seems Howard don’t care,” Smith wrote. “I’m so angry all the time, so sad and mad what can I do. I don’t want baby Lynn to see me so upset. I feel that Howard hates me. All he does is raise his voice and back talk me.” This email was written in late 2006 after Daniel Smith’s death while visiting his mother and new baby sister, Dannielynn. I would bet there has to be more than just this one email and my take is that this was part of the normal grieving process, nothing more unless the prosecution produces other documents and witnesses who say the same thing at different times then this one email.

Anna Nicole Smith expressed in another email to Bonnie Stern that; “She, [Smith], said she felt a need to get away from the Bahamas but couldn’t leave “because of our situation.”

Larry Birkhead testified after Bonnie Stern stating that Anna had many prescriptions around the house and that he felt Howard K. Stern had tried to interfere with his relationship with Smith and even admonished him once when Birkhead hid Methadone from Smith out of worry of the amount of prescriptions in the home and the amounts Smith was taking.

Birkhead returns to the stand today to complete his testimony, what is the bet that Sadow will be able to turn Birkhead’s testimony into that Anna Nicole Smith was However K. Stern’s “everything” and will Birkhead also paint a picture of love between Smith and Stern during the two years he lived off and on with Smith. In a TMZ.com article today the headline says in part; “Do You Swear to Tell the Truth…? That article is already being picked up by sites like Fox News.

Virgie Arthur sat in the courtroom for both Bonnie Stern’s and now Larry Birkhead’s testimony.

My prediction is that even though the Deputy Attorney Renee Rose continues with her building blocks to make her case, is that Stern is going to be found not guilty. As I continue to say, if we convicted and put every enabler in jail there would not be enough room. The love that Howard K. Stern had for Anna Nicole Smith is as predicted by Sadow being attested to by even prosecution witnesses.

LATEST FILING IN S. C. CASE OF THE ESTATE OF ANNA NICOLE SMITH VS, SHELLEY, THOMPSON AND BROWN

August 20, 2010 Estate of Anna Nicole Smith Response to Susan M. Brown’s Motion to Dismiss.

LATEST FILING IN THE TEXAS HARRIS COUNTY CASE

. August 20, 2010 Virgie Arthur Amended Notice for Submission changing the date to September 6, 2010.

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©Rose Turner
August 20, 2010
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.

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Harvey Levin

Here is this week’s filings and the open discussion board on the Anna Nicole Smith’s cases. Any filings received this week will be permanently linked in this article.

August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Larry Birkhead.

August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Harvey Levin and TMZ Productions.

August 16, 2010 Virgie Arthur Notice of Submission for August 26, 2010 her Motion for Leave to add Busy Street Productions LLC

August 16, 2010 Virgie Arthur’s Revised Exhibit B correcting her proposed Sixth Amended Original Petition.

No I have not read the revised Exhibit B

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site. THE FORUMS IS THE ONLY PLACE I WILL DISCUSS THESES CASES AN THE IDIOCY OF DEVELOPMENTS.

©Rose Turner
August 16, 2010
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.

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Dr. Khristine Eroshevich and Anna Nicole Smith

The following news clips came from someone that I have a great deal of respect for and that is Linda Deutsch, the legend from AP. I hope that she does not mind me using them, but I have a reason.

“Under questioning by Deputy District Attorney David Barkhurst, [Dr. Harold] Schueler said he did not find the powerful sleeping medication chloral hydrate in Smith’s bodily fluids because it has a very short life of about four minutes.But he said he found metabolites showing the drug had been present in large amounts and had probably been taken for eight days straight.”

Dr. Eroshevich was beyond helpful in the early stages of this investigation, to the point of suggesting that Dr. Perper dig deeper into the buttocks of Anna Nicole Smith. When he did he found “pockets of infection,” that would have gone unnoticed.. Had it not been for Dr. Eroshevich, I too believe that it would have gone unnoticed (Wondering, if you cook a medication down in a spoon, like a junkie, and then draw it up into a less than sterile syringe and inject the same into the area of the buttocks, does that leave residual material behind to cause an infection?). It was smart that Dr. Khris assisted the coroner, and more to the point that she was being open and wanting to make sure that there was no question as to the amount of medications that were still sitting in the bottles. Lots of drugs for sure, however, lots still not used. This was very smart…

“No illegal drugs were detected by the toxicology tests, he said.”

Now if I was sitting in that jury I would be right about now saying to myself, “self, why am I sitting here?” “no illegal” drugs does it not get any simpler than that? All I have to do now is hear “therapeutic” level and I should go home. This is a twist, is it not? …Dr. Eroshevich did take a great deal of care to try and monitor and control the intake of the Blond Bomb Shell…that same “bomb” that blew these peoples’ careers right into the crapper. No matter what the outcome of this “trial,” these three will be credited with the death of Anna Nicole Smith. Sure, Drumb and Drumber and The Drum Major, “march this way and follow me, I am in complete control”…

…Under questioning by lawyer Steve Sadow, who represents defendant Howard Stern, Schueler said all of the drugs except for the chloral hydrate were present in small amounts at “a therapeutic level.”

“Therapeutic Level,” I was not present, but I bet “The Gentleman from Georgia,” Steve Sadow did one of those glances towards the jury, as to say, “did you hear that?” …

…“A chart prepared by Schueler showed the medications were prescribed by numerous doctors, including some in the Bahamas, with many of the labels showing pseudonyms for Smith, including Michelle Chase, Susie Wong and Jean Smith.”

Michele Chase is back on the “set,” girlfriend! Tell me did you ever think that this would get to this point…a simple name, “Michele Chase,” if the girls at the club could see you now. Having read a great deal over the last several months I got it, the “relationship,”… …Did they fall into a political trap? Should there not be others warming the seats? Quite frankly, Dr. Eroshevich was trying her best to try and save ANS from killing herself. …She really wanted to help, and try and get it right, it is no fun sitting and traveling with a dead celebrity, quite frankly the whole thing at some point would be a real stinker. Another good word, “stinker,” “stinks” and “scheming,” let’s do this, as this trial goes along let’s pick words that will reflect what this case is really about. These are good starters, I promise there will be some Hum Dingers when the cast of characters leaves “Hooterville.”

Be sure to visit Desperate Exes.com to continue with this article and John J. Nazarian’s complete coverage of what is beginning to look more and more like a political football and not a real “crime”.

http://desperateexes.com/2010/08/11/therapeutic-levels-3-stooges-and-one-dead-celeb/.

©John J. Nazarian
August 11, 2010
Used with the permission of John Nazarian P. I. – writer
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 our featured author, John Nazarian, 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.

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Big Moe

One must wonder, when it comes to criminal defense, about the art of “neutering”…from what I understand the other day’s testimony given by Big Moe was nothing less than boring. He could have given that testimony over the phone via AT&T or face to face or Skype. I was not there, but I was for the prelim. If given the chance he had some great stories. I got a big kick out of Big Moe, he was entertaining and at times powerful in his testimony. However we all know that was then and this is now.

Ever notice that when Sadow smiles he looks like the shark on the tuna cans? And Ms. Garofalo, seldom does she show any teeth but when she does smile it is pleasant…a little like Boris Karloff asking “would you like some tea?” The other guy, I know nothing about except that at one time he rep’d Phil Spector…..isn’t he doing life? … I am sure they wish they never heard of “celebrity”… Then the big “Flash,” and the goose that lays all the golden eggs is found to be dead.

…Now I don’t know if Moe had a meeting with Jesus or what, but lets give him credit that he saw the light. Now I have used that expression in the past as to “seeing the light” and I too saw it and as time went by for me that light got brighter. Sadow through good lawyering and incredible ability has “trimmed” the story line that the prosecution was hoping for, and here we have Big Moe, laid out and filet’d and he just arrived.

It was written that Da Moester was “nice or easy” on Dr. Eroshevich…well, Big Moe has a soft spot, and it is nice to see a memory also. As the back story to that relationship could “sizzle”…It was also brought to my attention that when I wrote that Dr. Eroshevich “made no money” in her relationship with ANS that I was wrong. I have asked that source to present me with any proof that the good Doctor made any money from any source and I would print it. To my knowledge Doctor Eroshevich spent her own money to try and be a faithful friend to someone I do believe she cared for. Her reasons for caring I believe are two fold, she loved the Hollywood angle and she also was a doctor and had knowledge on how she could help Ms. Smith. And in saying that, if the Academy gave out Oscars for stupidity and not being able to see the smoke before the flames torched your own career, Dr. Eroshevich would have a room full of Oscars.

For all of you coming to testify against the Three Stooges crew…all I have to say is beware. Beware of Steve Sadow, this is one lawyer … If you came to court in hopes of getting “revenge” and “speaking your minds?” against the three stooges forget about it, not happening, you are done…

…Look at the coverage, this story is dead, dead as ANS, [Anna Nicole Smith],. The next big day will be the verdict, I promise that I will be back soon to get all this first hand.

For some of you I have to wonder why put yourselves through this? Surely, Renee Rose is not going to go away quietly and she is a very seasoned prosecutor and she will make the points she has to, but with Steve Sadow sitting just feet away, Ms. Rose all I can say is get used to hearing that dam southern accent and the words, “I object” !!!!!

For the rest of John J. Nazarian’s thoughts on Big Moe and the defense today wander on over to Desperate Exes.com as always it is well worth it for the rest of this article.

http://desperateexes.com/2010/08/09/big-moes-tales-cut-off/

©John J. Nazarian
August 9, 2010
Used with the permission of John Nazarian P. I. – writer
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 our featured author, John Nazarian, 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.

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Anna Nicole Smith

I have not read any of these papers yet except for the Orders issued in Texas State Court last week.

SOUTH CAROLINA LATEST FILINGS

August 5, 2010 Susan M. Brown’s Motion to Dismiss her and her law offices for multiple reasons.

August 6, 2010 Order Notifying G. Ben Thompson that the parties need to file a Response to Susan M. Brown’s Motion to Dismiss no later than September 10, 2010.

TEXAS STATE CASE LATEST FILINGS

August 2, 2010 Order Granting TMZ and Harvey Levin’s Motion for Summary Judgment. If Virgie Arthur wants to add TMZ and Levin she can file a Motion for rehearing if new evidence emerges or she can file an Appeal.

August 4, 2010 Order Granting Howard K. Stern’s Motion to Consolidate Rule 11 Contract Case with the Conspiracy to Defame case.

The Texas state defamation and conspiracy to defame case is stayed for discovery, Motions etc. ONLY as to Howard K. Stern for the next 90 days or unless the Court grants Art Harris Motion for Summary Judgment.

August 4, 2010 Order Granting Rose Turner’s Motion to add Busy Street Productions LLC as Designated Third Parties and discovery can go forward relating to audios, videos and alleged hundreds of pages of witness statements being held by officers of the LLC including Carol Martin and Art Harris in relations to the parties and fact witnesses involved in the allegations involving this case.

August 9, 2010 Virgie Arthur’s Motion to Quash Deposition by Art Harris and TMZ.com.

August 9, 2010 Virgie Arthur’s Notice of Submission for September 17, 2010 at 11:00 AM.

August 2, 2010 Art Harris Motion for Final Summary Judgment. The last three pages shows all of the exhibit filed, go through them and let us know which ones you want up first. Harris’ Affidavit will go up in the morning and after that the exhibits in the order y’all ask for. Remember I have a HUGE box of documents and it takes time to scan all of this.

August 2, 2010 Art Harris Affidavit to support Harris Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit B 6 filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit BB filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit D filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit J filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit P filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit Q filed with Harris’ Motion for Final Summary Judgment.

August 2, 2010 Art Harris Exhibit R filed with Harris’ Motion for Final Summary Judgment.

August 2, 2101 TMZ and Harvey Levin Exhibit B REDACTED filed with their Motion for Final Summary Judgment.

August 10, 2010 Virgie Arthur Drops Art Harris from case in a Non-SUIT Notice to the Court and all parties

August 12, 2010 Virgie Arthur Motion for Leave to Join Busy Street Productions as a defendant.

August 12, 2010 Arthur’s Exhibit B filed with Arthur’s Motion for Leave to Join Busy Street Productions as a defendant. Please note that both Harri’s site and Turner’s site is included in the proposed Sixth Amended Original Petition.

On Friday August 6, 2010 the First Court of Appeals denied Virgie Arthur’s request for a hearing en banc relating to Art Harris. That appeal is now over.

I will put up the massive amount of relevant papers regarding Art Harris Motion for Summary Judgment filed on August 2, 2010, as well as the videos now released in the public records. those filings will be listed in this article throughout today.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
August 9, 2010
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.

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The forecast for 75647 by WP Wunderground

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