Howard K. Stern mailed his Response to the First Court of Appeals on Friday, March 12 to be entered by the Appellate Court on March 15. Stern’s Response is to Virgie Arthur’s Motion for Sanctions against Stern and attorney L. Lin Wood.

March 12, 2010 Response by Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit A filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit B filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit C filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit D filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit E filed with Howard K. Stern to Arthur’s Motion for Sanctions.

March 12, 2010 Exhibit F filed with Howard K. Stern to Arthur’s Motion for Sanctions.

Status Conference held with the Honorable Larry Weiman of the 80th District Court of Harris County on March 12, 2010 at 3:30 PM.

Those in attendance in person:

Diana Marshall for Larry Birkhead
Neil McCabe for Virgie Arthur with a young associate that I did not get the name when Mr. McCabe introduced him.
One or two lawyers for TMZ not sure if it was Richard Hess and/or Harry Susman, whoever was there for TMZ did not talk at all during the conference.
A male attorney from Jackson Walker that I had never heard the name before and he did not speak during the conference either.

Those in attendance by phone conference:

L. Lin Wood for Howard K. Stern who was on vacation in Utah and on a day trip up a mountain but wanted to be present.
Luke Lantta for Howard K. Stern who was in the office in Atlanta Georgia
Rose Turner who was in my home in Gladewater Texas.
Charles “Chip” Babcock entered the telephone conference partial through the conference but did not speak during the conference hearing.

The conference stated at 3:30 PM and lasted until almost 5 PM, other than introducing myself and asking one question about the Special Master Craig Ball although I was part of the conference by phone I took notes.

The main parties talking with Judge Weiman were Mr. Wood and Mr. McCabe.

Diana Marshall coming in for two rambling comments, that I thought could have been better stated in one or two sentences. However, Ken thought when I told him that perhaps it was one of those misdirections to get off of her client, Larry Birkhead doing a deposition before any hearing for a Special Appearance on Jurisdiction that he filed or providing the server he uses for emails. If that was the purpose she succeeded in running out the clock and not having any deposition or production of doucments or naming an email server of her client brought up by the Court or the parties.

Ms. Marshall was a good friend of John O’Quinn’s had ran in his social circle, belong to the same country club and knew him very well, HOWEVER that said, she has stated before that she never forgets who butters her bread, the client, in this case Birkhead. Ms. Marshall seemed to side more with Mr. McCabe then she did with Mr. Wood, although I frankly got lost in part of the two long ramblings I felt she did toward the Court and of course the clock.

The judge impressed me he knew the statutes and he controls his courtroom, he is cordial to all but he is a very smart guy and had a beautiful voice.

At one time they were referring to a Rule 11 agreement between Stern and Arthur that had been put in the record in 2008, Wood did not have a copy with him and Mr. McCabe did have it but was going to go through the file to pull it out, and INSTANTLY the judge had his copy from the jacket of documents he had related to the case and read it into the record himself. Now that was impressive to me and showed he had read all of the filings and anything else that might come up on Friday.

Mr. Wood pushed for a hearing on the long pending Special Appearance of his client, Judge Weiman asked if there had been a hearing at all on the Special Appearances and Wood and McCabe said something like briefly in December 2008. The Court spent time on Howard K. Stern’s deposition on both jurisdiction and merits asking at one time in order to move the case along would Mr. Wood be willing to have two depositions, one for jurisdiction and then if needed one for the merits of the case later.

The Court then asked why something in regards to Howard K. Stern’s deposition had not been decided before this time, and that brought up could Steve Sadow, Stern’s criminal attorney be there, which McCabe had previously not wanted and Wood had insisted on it. Mr. McCabe very quickly said he would be willing for Mr. Sadow to be present as long as he abides by Texas state statute, which allowed him to be there but not to talk, make co

Tags: 80th District Court of Harris County, Amamda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, CBS - Entertainment Tonight, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Chrystal Baker, Daniel Smith, Dannielynn, Diana Marshall Esq., Entertainment Tonight, First Court of Appeals Texas, Harry Susman Esq., Harvey Levin, High Profile Trials, Honorable Larry Weiman, Houston Texas, Howard K Stern, Jackson Walker LLP, Judge Larry Weiman, Judge Larry Weiman - 80th District Court, Ken and Rose Turner, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, QV - Queen of Vondonia, Richard Hess Esq., Rose Turner, Steve Sadow Esq., Supreme Court of Texas, Sweet Havana, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur, Yvonne Barnhart Waddle, Yvonne Waddle

Late last night, at midnight I received the filings by Richard W. Hess of Susman – Godfrey Law Firm; the Motion for Summary Judgment by TMZ Productions Inc. and Harvey Levin in the Virgie Arthur vs. Howard K. Stern defamation suit pending in the 80th District Court, Harris County.

The hearing for the Motion has been set before the Court for Friday, May 5, 2010 at 8:30 A. M. before the Honorable Larry Weiman in Houston Texas.

In the filing for Summary Judgment TMZ and Levin state that the April 19, 2007 article that Arthur and her stepbrother had a child together is literally true, substantially true as a matter of law and that the unpublished details of Virgie Arthur’s stepbrother relationship are far more damaging than what TMZ published. They also state that the Cause of Action of Conspiracy to Defame is not true and as such should be dismissed.

TMZ.com and Levin state that the stepbrother story was a NON-TMZ publication that the Summary Judgment should be granted on a non-evidential Motion as Texas Statute allows.

Attached to the Motion for Summary Judgment is a sworn declaration by attorney Richard Hess with the following:

Exhibit A: TMZ.com’s April 19, 2007 Article

Exhibit B: Interrogatory Responses of Virgie Arthur

Exhibit C: Texas Department of Health Birth Roll for 1949 – David Luther Tacker Sr.

Exhibit D: Texas Department of Health Birth Roll for 1951 Virgie Mae Taber (Arthur)

Exhibit E: Marriage Record of Paralee Allman and George William Tacker

Exhibit F: Texas Department of Health Birth roll for 1966 (David Luther Tacker, Jr.)

Exhibit G: Texas Department of Health Birth Roll for 1967 (Vickie Lynn Hogan)

Exhibit H: Texas Department of Health Birth Roll for 1972 (Donald Ray Hart, Jr.)

After I have time to read the Motion, Declaration and Exhibits I may have more observation on this Motion for Summary Judgment.

Some of you wanted to read the Chrystal Baker Sworn Statement from May 9, 2008 for some comparisons.

TARRANT COUNTY LATEST FILINGS

March 5, 2010 Odell Files to Join Vicedomine’s Motion to Dismiss or for Special Exceptions.

March 10, 2010 Stephens Motion for Continuance and more time to Answer multiple filings.

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
March 10, 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.

Tags: 80th District Court Harris County, Anna Nicole Smith, April 17 2007 Virige Arthur article, Art Harris, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Certified Marriage Record, Charles "Chip" Babcock, Daniel Smith, Dannielynn, David Luther Tacker, David Luther Tacker Jr., Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall Esq., Donald Ray Hart Jr., George William Tacker, Harry Susman Esq., Harvey Levin, Honorable Larry Weiman 80th District Court Houston, Howard K Stern, Interrogatory, Judge Larry Weiman, L. Lin Wood, Lin Wood, Literally true, Luke Lantta, Lyndal Harrington, Neil McCabe, Paralee Allman, Richard Hess Esq., Richard W. Hess, Rose Turner, Substanially True, Summary Judgment, Susman Godfrey LLP, Teresa Stephens, Texas Defamation Statute, Texas Department of Health Birth Roll, The O'Quinn Law Firm, TMZ Article Virgie Arthur, TMZ Productions Inc., TMZ.com, Virgie Arthur

The Broward – Palm Beach blog has posted that Larry Seidlin had two working titles the one shown here, “The Murder of Anna Nicole Smith” which is also show on Amazon and then the subtitle called “The Killing of Anna Nicole Smith” Can any of you guess what he thinks he can prove being privy to possibly “confidential” judicial records during his tenure of that three day circus in Florida?

The book, from Transit Publishing, is expected to be released on June 16, 2010; wonder if he is hoping for some great timing as before the trial in California of Howard K. Stern and the two doctors? Has he not been keeping up with the fiasco of Rita Cosby’s book? You can pre-order this literary feat from Amazon who already has a page up with a summary from the book stating:

“In his first book, The Killing of Anna Nicole Smith, retired judge Larry Seidlin unveils the truth behind one of the most watched trials in television history. Based on eyewitness accounts, trial transcripts, and confidential files, his three-year, in-depth investigation reveals what really happened on February 8, 2007, the day Anna Nicole Smith passed away.”

A three-year, in-depth investigation involving confidential files, was he able to leave the bench with those or has someone fed him some more crap?

The Broward – Palm Beach blog goes on to say in part: “…our own Lightning Larry has always been known for his probing intellect and depthy research, at least when he wasn’t speeding through dockets, playing tennis on the taxpayers’ dime, or fleecing elderly neighbor Barbara Kasler out of hundreds of thousands of dollars. Seidlin in my opinion is a con man, plain and simple.”

This does put a whole new light on why those stolen x-rays of Anna Nicole Smith ended up in Seidlin’s town house garbage bin doesn’t it? Perhaps Larry Siedlin did go through a LOT of things to be sure of success if the reality show that Art Harris had attempted to broker for him fizzled.

It appears from the article that those who knew of Seidlin’s background had “speculated that the judge was collecting Anna Nicole souvenirs that might be valuable someday and that might come in handy for a… book. Well, here we are.”

This Broward – Palm Beach blog has an excerpt from the lawsuit filed against the ex-judge Larry alleging he had engaged in a “calculated plan to monopolize Kasler’s life in an effort to obtain and/or use her funds, assets and property for [his] own benefit.”

From that lawsuit:

“Seidlin spent an inordinate amount of time with Kasler in her apartment. Seidlin was overly affectionate and physical with Kasler. Seidlin would often publicly fawn over Kasler, touching her face, tousling her hair, and calling her “my baby.”

Seidlin would sleep in Kasler’s bedroom. He also showered at Kasler’s apartment and would leave articles of his clothing at her apartment. When Kasler received sponge baths and was dressed and undressed by her aides, Seidlin often would not leave the room, but rather, would sit bedside.

Because of the pervasive manipulation and isolation of Kasler, she became totally dependent…”

With that catch up I have a couple of questions; did Art Harris broker this book deal for Siedlin as he tried to broker other book deals? Art Harris is friends with Seidlin and tried to broker a television reality show for him in the summer of 2007, as well as Harris says Geraldo is a good friend of his. Why did Anna Nicole Smith’s Estate grant the licensing for this image to appear on the crying ex-judge’s book jacket front? More importantly can a judge retiring take confidential files from his court to write a book? Ah yes, I have a lot of questions about crying ex-judge Larry Seidlin, his book and what happened in the dramatic conclusion of the burial hearing when sobbing Seidlin said “and I will never talk about this case again”. Translated unless I get a LOT of money.

Should Rose Speaks.com get in line for this book so we can debunk it with the ease we did Cosby’s blond ambitious book? Do you think this book will spin off a new defamation case and if so by whom?

In other case news, the South Carolina Court has set January 27, 2010 at 9:30 AM for an in camera hearing for the request of G. Ben Thompson’s South Carolina lawyer, Mr. Joyce, request to withdraw from the case and the Court has stated that G. Ben Thompson must be present.

In the Tarrant County suit on January 21, Neil McCabe entered his Answer, Special exception and Intention of designated third parties in the Teresa Stephens’ case. On January 22, Don Clark entered his Answer, Special Exception and Intention of designated third parties or adopt any other designation of third parties for any of defendants.

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. There of course will be a crying ex-judge Seidlin section.

©Rose Turner
January 21, 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.

Tags: Amazon, Anna Nicole Smith, Anna Nicole Smith’s Estate, Art Harris, Barbara Kasler, Broward - Palm Beach blog, Bryan Cave LLP, Celebrity Trials, crying ex-judge, crying ex-judge Larry, crying ex-judge Larry Sedlin, Dannielynn, Don Clark, Don Clark ex-FBI, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, ex-judge Larry, ex-judge Larry Seidlin, Ford Shelley, G Ben Thompson, Geraldo, Geraldo Rivera, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, judicial confidential files, L. Lin Wood, Larry Seidlin, licensing for this image, Lightning Larry Seidlin, Lin Wood, Moe and Tas Brighthaupt, Neil McCabe, reality show for Larry Seidlin, retired judge Larry Seidlin, Rita Cosby, Rita Cosby’s book, Seidlin book June 2010, Seidlin’s town house garbage, stolen x-rays of Anna Nicole Smith, Teresa Stephens, The Killing of Anna Nicole Smith, The Murder of Anna Nicole Smith, Transit Publishing

With a head line like that you can just imagine where this article is going.

I woke up this morning to a bunch of B. S. in my in box and was sure this was a surreal Trick or Treat Halloween prank and a pretty good one I thought. That is until I realized it was REAL and then the anger and feeling sick began to settle in.

We have Rita Cosby’s good friend, James Edstrom, writing on his “gossip site” today that at a party or nightclub he was at in December 2007 that O’Quinn was, “Two Sheets to the Wind”. We are please to say because of a tad of nudging by Rose Speaks.com, Edstrom cleaned up his article and gave Mr. O’Quinn the credit he deserved and took away the New York style of bragging when you really can’t remember for sure what happened.

The Houston Chronicle is now reporting that John O’Quinn was driving at a high rate of speed when his SUV became airborne and impaled on a t tree killing O’Quinn and Johnny Cutliff instantly. The Houston Police Department has turned the investigation over to it’s “Vehicle Crimes” department for a thorough investigation. That department said although the road was slightly wet it would not have caused the type of accident that killed O’Quinn and Johnny Cutliff unless O’Quinn had been traveling at a high rate of speed. They have recovered John O’Quinn’s cell phone from the wreckage and with that and the black box from the SUV they hope to have some answers next week. It will take several weeks to get the toxicology reports back, but police said it did not appear that any medication etc. was involved in the fatal crash. Which brings up a question I have. We have all heard the stories of a police officer placing a speeding ticket in the pocket of a speeder killed in a vehicle accident, could a posthumous charge apply to O’Quinn for the death of Johnny Cutliff? Mr. O’Quinn’s funeral will be on November 4, 2009 at 11 AM at the Second Baptist Church in Houston with a showing open to the public from 4PM to 8 PM on November 3. We do not have the funeral arrangements yet for Mr Cutliff but as soon as we do we will list it here for those of his friends whom have asked us to keep them updated.

With John O’Quinn now dead the fear of Houston publications being sued by this giant of a man literally and figuratively. They appear to be beginning understanding that and so slowly they are printing “their truth” about O’Quinn. Some if it includes that; “The death of John O’Quinn in a single-car vehicle crash abruptly and prematurely ended the saga of a man as big and brash and full of contradictions as his native city.” The Houston Chronicle article went on to say in part; “Like Houston — a brilliant, rambunctious city that sometimes seems to have a chip on its shoulder — the 68-year-old, 6-foot-4 O’Quinn combined great achievement, wealth and generosity with a gnawing insecurity. In this brilliant, rambunctious lawyer’s case, it took the form of alcohol abuse and a tendency to push his practice of law beyond his acknowledged courtroom brilliance to the ethical boundaries of the profession.”

“…O’Quinn was demonized by tort reform advocates as a symbol of frivolous lawsuits and outrageously large damage awards. … O’Quinn established himself as a premier plaintiff’s lawyer in a city renowned for its legal giants. Yet he rarely seemed at peace with that status, trying to fill a void that money and fame could not reach. In recent years, O’Quinn’s friends say he found a measure of contentment and stability. Even so, it’s hard to imagine this most dynamic of Houstonians ever wanting to rest in peace.” Many in Texas say that John O’Quinn almost single handed was the motivation for tort reform in Texas and thus Texas is now a safe haven for doctors to practice and not have to pay a fortune for malpractice insurance.

Virgie Arthur, Anna Nicole Smith’s estranged mother, will be making her first public interview since the Inquest into Daniel Smith’s death in 2008. Ms. Arthur has returned to a trusted allied in Geraldo Rivera to do the interview. It is ironic the interview will on Halloween night, kind of fits Geraldo’s bizarre sensationalism. Ms. Arthur is expected to talk about her personal loss with John O’Quinn’s death. Knowing Geraldo though I am willing to bet the conversation will cross over to her enemy Howard K. Stern being bound over for trial in California with two of Smith’s doctors, Dr. Sandeep Kapoor and Khristine Eroshevich with the third arraignment of the three scheduled for December 11. Surely as a “lawyer” (cough – cough) Gerlado knew this was to be expected and is no real win which equals high fives for his participation in this “alleged” lynching. So be sure and set your clocks for Geraldo, have a glass of red wine and see how Geraldo turns all of this into sensational infotainment for the All Mighty Dollar, [advertising revenue]. Does Geraldo, you think, ever feel any shame or is the nature of infotainment is those who bring in the advertising dollars get to keep their much lusted after shows?

Then there is Harvey Levin, the Jewish gay lawyer/journalist that has made internet sensationalism via his celebrity gossip blog into a way to bring in tons of money via advertising. Are we seeing a picture emerge here that involved infotainment and dollar signs? There are plenty of allegations around Hollyweird, we have learned, that Levin, if our source is correct and the allegations are true, also shares one thing with Anna Nicole Smith – an addiction to Methadone. Isn’t he just a tad afraid that feel good Jerry Brown might hone in on him next?

Levin, since Anna Nicole Smith’s death, has hardly held back his personal disdain for Howard K. Stern while showing favor in positive articles for his “good friend”, Larry Birkhead. Levin and his staff have allowed, since 2007, many – many posts of anti-Semitism and right down hate for Stern to flourish uncontrolled on TMZ.com and often fed by Harvey Levin via TMZ.com.

The sickest example of this lust for that all mighty advertising dollar, is the horrid reference to the now infamous Anna Nicole Smith’s clown video that has been released in public discovery in both the New York defamation suit of Howard K. Stern vs. Rita Cosby but also as of yesterday the California criminal proceedings.

If one is to believe what Harvey Levin appears to be alleging about Anna Nicole Smith in her ninth month of pregnancy, then we must assume Levin is implying that Dannielynn Birkhead was born suffering from the effects of multiple drug addictions. Now how is Levin going to explain that one to his good friend Larry Birkhead? Perhaps the free face time and positive press he has always lavish on Birkhead will be enough for Birkhead to forgive what Levin appears to saying in his most recent allegations involving the infamous clown tape and Howard K. Stern.

I bet this morning or yesterday, Levin was beating himself up for not buying that tape himself at the time he bought the photos of the refrigerator from the Bahamas home known as Horizons; the infamous unfilled fax for medication from Dr. Eroshevich to Dr. Kapoor just days after Daniel Smith, Anna Nicole’s son, died. Then of course there are those continuous changing and selling of affidavits by the nannies which neither the National Inquirer or Birkhead found to be believable but Levin bought them right up for publication on TMZ. Do you feel sorry that Levin let the infamous clown video slip through his greedy hands?

Harvey have you not been watching the preliminary hearing and the sharpness of Stern’s criminal attorney Steve Sadow? My bet is you ain’t seen nothing yet, and get some new news not the recycle bull shit appearing on your web celebrity slamming blog site. You like all of us knew Stern and the two doctors would be bound over for trial, so why the cheap shots by you? Oh yea I forgot that constant chase for the illusive advertising dollars in a shaky economy.

Finally we have Lin Wood playing with Georgia Attorney Susan M. Brown a frustrating game for him called “where are the hard drives”.

In the latest filings in the South Carolina federal court the Estate of Anna Nicole Smith is asking for contempt charges and sanctions against G. Ben Thompson and his “former” attorney, Susan M. Brown.

In more of the excerpt of Brown’s deposition released with the October 29 filing, you have to wonder where Brown got her law license. Now to think that Wood made a comment about Texas lawyers lacking ethics, I bet he is feeling a Georgia lawyer is also a tad shy of ethics today.

As you read the excerpt with again some pages redacted, at the end do you have any clear idea of “where are the hard drives”?

I came away scratching my head after seeing so many attorneys in the deposition of Susan M. Brown in person and by phone distancing themselves from Brown in what has to be an old time record of “we don’t have them, do you”, behavior, of “where’s the hard drives”.

What does happen to an attorney if it is proven that she did commit a crime of fraud as the Memorandum from the Georgia Court ordering her to appear for a deposition states and proves to be true?

There is the Motion for Contempt, the Memorandum of Law in support of the contempt and sanctions, new exhibits to read, some old exhibits referred to and the excerpt of Lin Wood trying to pin a room full of lawyer down to “Where are the hard drives” in a game which is funny and sad at the same time.

Ah the continued entwining of all things Anna Nichol Smith and the money and publicity she has continued to earn in death. Do you think the Georgia attorney, Susan M. Brown is being investigated for ethics violations in Georgia as well as the charges she faces in South Carolina?

Ms. Brown as does Gaither Thompson II, Gina Thompson Shelley and Melody Thompson have to file their answers by November 16 after being added to the lawsuit in place of a few Doe names. We also have a far more serious filing from Brown due on November 16, the Contempt of Court and Request for Sanctions against both her and her previous, or is she still his current lawyer, G. Ben Thompson. Ah to be a fly on the wall when that hearing finally takes place.

Is Anna Nicole Smith more famous in death then she ever was in life? Has her death created a new piranha feeding frenzy not seen before in the land of gossip and infotainment?

I’ll get back with all of you after I force myself to watch Geraldo, I really don’t like the guy. I wonder how Virgie Arthur looks after being out of the lime light for the last 18 months.

We will have all of the latest documents listed by date and court here today. Check back and remember that the downloads are opened to ALL not just members of Rose Speaks.com.

October 29, 2009 Anna Nicole Smith’s Estate Motion for Contempt and Sanctions against G. Ben Thompson and lawyer Susan Brown for keeping Estate property and copies of property WAY after the Court Ordered all property and copies of property to be returned to Wood’s office.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2618.

October 29, 2009 Anna Nicole Smith’s Estate Memorandum of Law to support the Motion for Contempt and Sanctions against G. Ben Thompson and lawyer Susan Brown for keeping Estate property and copies of property WAY after the Court Ordered all property and copies of property to be returned to Wood’s office.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2619.

October 29, 2009 Exhibit A of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley, et. al, which is an additional excerpt of the deposition of Susan Brown from October 5, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2617.

October 29, 2009 Exhibit C of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley, et. al, which is the courier receipt for picking up the Hard Drives to deliver them to Wood’s office dated January 21. 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2620.

October 29, 2009 Exhibit H of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley, et. al, which a letter from Teresa E. Lazzarom to Luke Lantta returning additional Estate property dated September 22, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2621.

October 29, 2009 Exhibit I of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley, et. al, which a second letter from Teresa E. Lazzarom to Luke Lantta returning additional Estate property dated September 24, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2622.

October 29, 2009 Exhibit K of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley, et. al, which is an Affidavit from Niall Cronnolly that the hard drive had been removed from Susan Brown’s computer on October 8, 2009 and destroyed and method used to destroy the hard drive on October 9, 2009 at 11:15 AM.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2623.

©Rose Turner
October 31, 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: Adam Braun Esq., AG Jerry Brown, Anna Nicole Smith, Bryan Cave LLP, Celebrity News, Celebrity Trials, Chris Smith Esq., Daniel Smith, Dannielynn, Don Clark, Don Clark ex-FBI, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Elizabeth McNamara, Elizabeth McNamara Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, Ford Shelley, G Ben Thompson, Gaither Thompson II, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera, Gina Thompson Shelley, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood Criminal Justice, Horizons Lawsuit Bahamas, Howard K Stern, Infotainment, Infotainment News, J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., John O'Quinn, Johnny Cutliff, L. Lin Wood, Lin Wood, Luke Lantta, Melody Thompson, Neil McCabe, Nicole Jennings Wade Esq., Rita Cosby, Stancil Fod Shelly, Steve Sadow Esq., The O'Quinn Law Firm, TMZ.com, Virgie Arthur

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

As a judge who has been on the bench in Civil cases since 1985, Judge Lindsay is a senior judge in Harris County.

Under some new rules which are to go into affect on or before October 1, Judge Lindsay will get the new court. It has taken us all day to get two firm sources that Judge Lindsay will be in charge of the new Domestic Violence Court. We wanted to be sure before I did this article.

As we get more information, it will be shared here.

Everything in our case is stayed pending finding out which Court our case is transferred to, could we go back to Judge Kerrigan’s 190th Court?

What will happen to the Appeals pending in the First Court of Appeals for Howard K. Stern and in the Supreme Court of Texas for Art Harris?

Most of the electronic media has now been imaged and is sitting with the Special Master Craig Ball, will the new court keep him as Special Master, or will the new court want a Special Master of that court’s choosing?

Whatever the answers to those questions, it is going to get very interesting to see where our case ends up and what the judge decides after reading the file up to date, and how will the new court be decided?

A lot to follow in reference to the bill listed as SB2217 signed on April 30, 2009 and to become effective not later than October 1, 2009.

I noticed this as the Submission Docket for Judge Lindsay’s Court showed that most had been passed and then starting on October 2 none were listed. So I began to research it when I saw Judge Lindsay’s Submission Docket shows passed or re-set as does the Oral hearing docket with NOTHING set on the Oral Hearing docket on October 2, 2009 or forward.

As many of you have said and as all of us have thought this case continues with twists and turns and now a whole different court with different rules, WOW!!!

©Rose Turner
September 18, 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., Anna Nicole Smith, Art Harris, Bonnie Stern, Bryan Cave LLP, CBS Productions Inc., CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Daniel Smith, Dannielynn, Diana Marshall Esq., Entertainment Tonight, Harry Susman Esq., Harvey Levin, High Profile Trials, Honorable Tony Lindsay, Howard K Stern, Jackson Walker LLP, Judge Tony Lindsay, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Rose Speaks, Rose Speaks Exclusive, Rose Turner, Susman and Godfrey LLP, Teresa Stephens, The O'Quinn Law Firm, TMZ Productions Inc., TMZ.com, Virgie Arthur

We also have Rita Cosby’s Reply to the Response Howard K. Stern filed in regards to Cosby’s Motion for the Court to Reconsider it’s ruling. The pretrial hearing for this case is still set for Friday September 11 at 12 noon.

September 8, 2009 Rita Cosby’s Reply to Howard K. Stern’s Response to her Motion to Reconsider Summary Judgment on number 1 and 2 of the court’s previous decision.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2406.

We have a number of papers that were filed Friday in the Texas Court of Appeals, didn’t I predict the Texas case would be won in the Appellate Court and not the trial court? There is one housekeeping Motion from Teresa Stephens asking the Court of Appeals to dismiss a duplicate filing in that court.

We have the August 28, 2009 transcript hearing in the State District 280th Court Harris County Texas of Art Harris Motion to Reconsider the appointment of Craig Ball as the Special Master and independent forensic expert for the court in this case. I found it interesting reading and will point to some of the high points in my opinion. We have it broke down for ease of downloading into three parts

August 28, 2009 transcript hearing in the State District 280th Court Harris County Texas

August 28, 2009 Hearing Transcript part 1 of 3 in the Texas District 280th Court Harris County Texas of the Motion for Reconsideration appointment of Special Master Craig Ball.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2407.

August 28, 2009 Hearing Transcript part 2 of 3 in the Texas District 280th Court Harris County Texas of the Motion for Reconsideration appointment of Special Master Craig Ball.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2408.

August 28, 2009 Hearing Transcript part 3 of 3 in the Texas District 280th Court Harris County Texas of the Motion for Reconsideration appointment of Special Master Craig Ball.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2409.

September 8, 2009 Virgie Arthur’s Response to Howard K. Stern’s Supplemental Briefing to the Court on Appeals about the recent Texas Supreme Court Decision In RE. To Weekley.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2404.

September 8, 2009 Virgie Arthur’s Response to Art Harris’ Motion for Emergency Temporary Relief and Injunction to Stay all proceedings of the Special Master Craig Ball and not to have to answer those 11 pesky question by this Friday, September 11, 2009 but only for him, let the “games” continue for his co-defendants.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2402.

September 8, 2009 Virgie Arthur’s Tab A-K filed with her Response to Art Harris’ Motion for Emergency Temporary Relief and Injunction to Stay all proceedings of the Special Master Craig Ball and not to have to answer those 11 pesky question by this Friday, September 11, 2009 but only for him, let the “games” continue for his co-defendants.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2403.

September 8, 2009 Teresa Stephens filed a Motion to Dismiss the duplicate filing with the Texas Appeals Court with no objection from any of the parties.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2405.

September 9, 2009 Filed by Art Harris with the Court of Appeals is his Reply to Virgie Arthur’s Response to Harris’ Request for an Emergency Order to Stay proceedings in the Texas 280th District Court and that he not have to answer those 11 questions.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2411.

I have simplified the eleven questions Craig Ball asked for Art Harris to answer, and the hard ware (hard drives, laptops, jump drives etc.) are already listed in the previous article. My question AGAIN is why file a $6k-15k appeal when answering the questions would be easy and so much more cost efficient. Remember most appeals before a final judgment are denied, that said I think Howard K. Stern has the best chance of winning because he is a lawyer, and their computers should be off limits in my opinion.

Reading the transcript today of the August 28, 2009 hearing other then not removing Craig Ball as the Court’s Special Master and independent forensic specialist, Art Harris’ lawyers got everything they asked for and the judge was prepared this time. I found it funny how she wanted NO part of the inches of exhibits many filed before in her Court, she did want to read just the Motions pending before her on August 28, and she used the judges jacket (think cliff notes in college) to refresh her memory about this case all the way back to why she appointed Craig Ball. She was not asleep during that hearing however McCabe made it clear he felt that with the number of attorneys there representing Harris, McCabe felt that the August 28th hearing was a “walk through” to establish the record for an appeal.

It will take a bit to get the transcript scanned and up for all of you but Ken is working on it.

Here again without imaginary answers if the eleven questions for Art Harris:

1. Respecting any of the media holding data subject to the Court’s examination orders, can you please advise what course of action was agreed upon between Mr. Harris and Mr. Jeffrey Lee in any late night call on December 11 or in the early hours of December 12, 2008? This is the call sought by an e-mail from Mr. Harris titled, “got a minute to talk off record?” on or about 8:56 PM on December 11.

2. After many hours of painstaking review of the data, I stand by my focus on December 16, 2008 as a significant date respecting the Dell laptop hard drive furnished to me for examination. The system registry indicates that the date the replacement 160 GB Western Digital drive is first seen by the Dell laptop is December 16, 2008 at 20:35 (UTC). Is it your client’s position that there was no installation or re-imaging of a hard drive on December 16, 2008, and that any seeming indication of same resulted instead from, e.g., someone’s installation of XP Service Pack 3 on the machine on December 16? Or do you or Mr. Harris have another explanation to share please?

3. Would I be correct in concluding that, on Christmas Day 2008, two weeks after the Court’s 12/11/08 orders from the bench, Mr. Harris (purchased for $39.90), installed and ran an application called RegCure (along with another application called “Privacy Controls”) for the purpose of cleaning the system registry on the Dell laptop?

4. Would it be accurate to state that, on January 11, 2009, Mr. Harris personally deleted some 7,000 e-mails from his deleted items folder? If so, were copies of all of these deleted e-mails somehow retained and otherwise furnished to me? Please identify the 7,000 deleted mails, perhaps by an MD5 hash value or by simply furnishing them to me for cross-correlation (a PST, MSG or EML format will suffice).

5. Would it be accurate to state that on April Fools Day 2008, Mr. Harris obtained a Zip file containing a software program called CCleaner from Duane Derrick and that Mr. Harris personally unzipped, installed and ran the program on both his Dell laptop (installed 4/1/09) and on his Dell Dimension desktop (installed 4/2/09)?

6. Would it be accurate and fair for me to characterize CCleaner in this manner: “CCleaner allows the user to remove unused temporary files from Internet browsers and other supported applications along with browsing history, cookies, recycle bin, and AutoComplete form history. It allows for the cleaning of the recycle bin, memory dumps, file fragments, log files, system caches, application data, and various other data.” This is taken from Wikipedia.

7. Would it be fair and accurate to characterize CCleaner as an “antiforensic” tool when used in the manner described above, in anticipation of a forensic examination?

8. Would it be accurate to state that Mr. Harris consulted with Jeffrey Lee about CCleaner before running CCleaner and clearly understood that it was a “system cleaner” application?

9. Because on April 1, 2009, Mr. Harris twice inquires of Mr. Lee about erasing history from his computers, may I fairly conclude that the erasures of same I see on the machines occurred as a direct result of Mr. Harris acting intentionally to effect such erasures?

10. Would it be correct to state that Mr. Harris paid Carceron Systems Group to “clean” and “defrag” his Dell Dimension desktop on April 13, 2009 and paid Carceron to “clean out” temporary files and file caches on May 1, 2009?

11. Would it be correct to state that, on May 8, 2008, Mr. Jeffrey Lee deleted the contents of Mr. Harris’ deleted items folder and that Mr. Harris thought this was “Great!!!” and thanked Mr. Lee?

Again reading through these it seems simple and to the point, so why not have Jeffrey Lee and Art Harris just answer and do an Affidavit if it came to that for the court. It could be just answering the questions will put the whole dilemma and subsequent Motions, Responses and Hearing to bed so to say.

©Rose Turner
September 8, 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: "Chip" Babcock Esq., Amanda Bush Esq., Anna Nicole Smith, Anna Nicole Smith Estate, Art Harris, Art Harris - Bald Truth website, Art Harris Exclusives, Art Harris Scoops, Bonnie Stern, Bryan Cave LLP, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Diana Marshall Esq., Elizabeth McNamara, Entertainment Tonight, Harry Susman Esq., Harvey Levin, High Profile Trials, Howard K Stern, Jackson and Walker LLP, John "Jay" Patton Esq., L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Nicole Jennings Wade, Rita Cosby, Rose Speaks, Rose Turner, Susman and Godfrey LLP, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Tom Bednarek, Virgie Arthur