In the newest filings in the Texas State Court on July 17, 2009 that Plaintiff Arthur filed a Third Amended Original Petition. The thing I picked up on is that the filing stated that, “That the, [page 7], State of California now is prosecuting HOWARD STERN in connection with obtaining and supplying the drugs that killed Vickie Lynn Marshall, [Anna Nicole Smith]. The State of California officially has notified VIRGIE ARTHUR that she is regarded as the next of kin to the victim in that case.”

That sent me searching via Google to see if this opened the door for a wrongful death suit against Howard K. Stern or the Estate by Arthur. It appears that the statute of limitiation has ran out on that but as of November 2008, it appears that Ms. Arthur is entitled to a lot invovling the criminal proceedings under something called Marsy’s law.

Read what I found below and tell us what you think about this latest development.

Mr. McCabe, Ms. Arthur’s Texas Civil attorney has stated in an email to Rose Speaks.com that, “Marsy’s Law applies, and the California authorities have contacted Mrs. Arthur about it, as I indicated in the latest petition. I will be her legal representative in the matter.

The law does not confer a right to file a lawsuit for wrongful death or any other civil suit. The law does speak of a right to restitution, but I believe that has more to do with giving a victim or next of kin a part of any fines levied as part of a conviction.”

Victims’ Bill of Rights
Marsy’s Law
The California Constitution, Article 1, Section 28, confers certain rights to victims of crime as they are defined in the law. Those rights include:

Victims’ Bill of Rights

Marsy’s Law significantly expands the rights of victims in California. Under Marsy’s Law, the California Constitution article I, § 28, section (b) now provides victims with the following enumerated rights:

1. To be treated with fairness and respect for his or her privacy and dignity, and to be free from intimidation, harassment, and abuse, throughout the criminal or juvenile justice process.

2. To be reasonably protected from the defendant and persons acting on behalf of the defendant.

3. To have the safety of the victim and the victim’s family considered in fixing the amount of bail and release conditions for the defendant.

4. To prevent the disclosure of confidential information or records to the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, which could be used to locate or harass the victim or the victim’s family or which disclose confidential communications made in the course of medical or counseling treatment, or which are otherwise privileged or confidential by law.

5. To refuse an interview, deposition, or discovery request by the defendant, the defendant’s attorney, or any other person acting on behalf of the defendant, and to set reasonable conditions on the conduct of any such interview to which the victim consents.

6. To reasonable notice of and to reasonably confer with the prosecuting agency, upon request, regarding, the arrest of the defendant if known by the prosecutor, the charges filed, the determination whether to extradite the defendant, and, upon request, to be notified of and informed before any pretrial disposition of the case.

7. To reasonable notice of all public proceedings, including delinquency proceedings, upon request, at which the defendant and the prosecutor are entitled to be present and of all parole or other post-conviction release proceedings, and to be present at all such proceedings.

8. To be heard, upon request, at any proceeding, including any delinquency proceeding, involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

9. To a speedy trial and a prompt and final conclusion of the case and any related post-judgment proceedings.

10. To provide information to a probation department official conducting a pre-sentence investigation concerning the impact of the offense on the victim and the victim’s family and any sentencing recommendations before the sentencing of the defendant.

11. To receive, upon request, the pre-sentence report when available to the defendant, except for those portions made confidential by law.

12. To be informed, upon request, of the conviction, sentence, place and time of incarceration, or other disposition of the defendant, the scheduled release date of the defendant, and the release of or the escape by the defendant from custody.

13. To restitution.

a. It is the unequivocal intention of the People of the State of California that all persons who suffer losses as a result of criminal activity shall have the right to seek and secure restitution from the persons convicted of the crimes causing the losses they suffer.

b. Restitution shall be ordered from the convicted wrongdoer in every case, regardless of the sentence or disposition imposed, in which a crime victim suffers a loss.

c. All monetary payments, monies, and property collected from any person who has been ordered to make restitution shall be first applied to pay the amounts ordered as restitution to the victim.
14. To the prompt return of property when no longer needed as evidence.

15. To be informed of all parole procedures, to participate in the parole process, to provide information to the parole authority to be considered before the parole of the offender, and to be notified, upon request, of the parole or other release of the offender.

16. To have the safety of the victim, the victim’s family, and the general public considered before any parole or other post-judgment release decision is made.

17. To be informed of the rights enumerated in paragraphs (1) through (16).
For more information on Marsy’s Law, visit the Attorney General’s website at: www.ag.ca.gov/victimservices
To obtain information on the Victim Witness Assistance Center nearest to you contact:

Attorney General’s Victim Services Unit
1-877-433-9069

Who is a victim?

Prior to the passage of Proposition 9, “Victim” was defined under the Penal Code “as the person against whom a crime had been committed.” With the passage of Proposition 9, “victim” as used in the California Constitution article I, § 28 is defined as “a person who suffers direct or threatened physical, psychological, or financial harm as a result of the commission or attempted commission of a crime or delinquent act. The term ‘victim’ also includes the person’s spouse, parents, children, siblings, or guardian, and includes a lawful representative of a crime victim who is deceased, a minor, or physically or psychologically incapacitated.

The term ‘victim’ does not include a person in custody for an offense, the accused, or a person whom the court finds would not act in the best interests of a minor victim.” (Cal. Const., art. I, § 28(e).)

How does a victim enforce their rights under Marsy’s Law?

A victim, the retained attorney of a victim, a law representative of the victim or the prosecuting attorney upon request of the victim, may enforce the rights enumerated in subdivision (b) of Section 28 of Article I of the California Constitution in any trial or appellate court with jurisdiction over the case as a matter of right. The court shall act promptly on such a request.

You (or your next of kin) may ask the court for money for losses you suffered because of the crime. This is called restitution and is paid by the defendant. You have the right to be compensated for some crime-related losses, such as personal injury, counseling, lost wages, medical bills, and funeral and burial expenses.

The judge should also order the offender to pay a restitution fine. The fine can be from $200 to $10,000. The money from this fine goes to fund the Victim Compensation Program.

Restitution does not compensate for “pain and suffering” or “emotional distress.” If you want this type of compensation, you must contact a civil lawyer.

We will be exploring this in depth with all of you our readers as this newest twist in all of these apparent overlapping cases as we do with all of these. Stay tuned this promises to be an interesting turn of events.

©Rose Turner
July 20, 2009
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Tags: Adam Braun, Amanda Bush Esq., Anna Nicole Smith, Art Harris, California Marsy's Law, Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Diana Marshall Esq., High Profile Trials, Howard K Stern, John J. Nazarian, John J. Nazarian P. I., L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, Virgie Arthur