I have met Mr. L. Lin Wood Jr. briefly in 2009 and I have listened via phone as both Mr. Wood and Mr. Neal McCabe argued Motions in the Harris County Court. However I have never had the privilege of seeing any of these attorneys, L. Lin Wood, Charles “Chip” Babcock, Harry Susman, etc. argue a Motion in person.

For anyone who would like to see L. Lin Wood in a court room this Bryant v. Cox Enterprises video is a must see.

On February 9, 2011 Mr. Wood argued the case of Bryant v. Cox Enterprises in front of the Georgia Appeals Court. The state Court of Appeals’ justices hearing this case is presiding Judge J.D. Smith, who is hearing the case along with Judge Charles B. Mikell and Judge Stephen L. A. Dillard

This case is now the estate of Richard Jewell vs The Atlanta Journal-Constitution. Following the death of Mr. Jewell the case became titled Bryant v Cox Enterprises. The official plaintiff in this case is now G. Watson Bryant Jr., Jewell’s former attorney, who was designated executor of Jewell’s estate in his will. Cox Enterprises is the owner of The Atlanta Journal-Constitution

“I have sought justice for Richard Jewell for 14 years,” Wood told the judges.

Jewell was cleared of the Olympic Park bombing that killed one person and injured more than 100. In 2005, Eric Robert Rudolph confessed to the bombing and was sent to prison for life. Richard Jewell has since died of heart problems from a complication of his diabetes.

The estate of Richard Jewell is continuing to press the late security guard’s libel claims against the newspaper. At issue are stories published in July and August 1996 in which the newspaper reported that authorities suspected Jewell of planting the Olympic park bomb and believed he made an anonymous 911 call warning of an impending bombing. Jewell’s estate also is pressing a libel claim over a column by a Journal-Constitution sports writer that drew parallels between the investigations of Jewell and Wayne Williams, a convicted killer long considered the perpetrator of the Atlanta child murders.

Bryan Cave partner L. Lin Wood Jr., who has pursued the lawsuit against the Journal-Constitution since 1997, told the panel of Court of Appeals judges that statements in the newspaper’s articles were simply false. “We now know that Richard Jewell did not plant the bomb,” he said, saying the same was true for allegations about the 911 call. For those of us who did not follow the case of Richard Jewell and the allegations against him, Wood drew a mental picture during his argument of the horrors of that day before the appeals court including playing the audio of the anonymous 911 call and placing the words of the call on a screen. “You have just heard … the voice of someone you know is a cold-blooded killer,” Wood told the judges.

The newspaper filed a motion for summary judgment in December 1998—a motion on which Fulton County State Court Judge John R. Mather did not rule until late 2006. The appellate court had previously ruled that Jewell was a limited public figure, meaning Jewell had to prove that the newspaper acted with actual malice or reckless disregard of the truth.

Squarely at issue in the appeal heard Wednesday was Mather’s grant of summary judgment to the Journal-Constitution on all but one of Jewell’s libel claims in October 2006. Mather, ruled that the Aug. 4, 1996 story could be libelous because by then the Journal-Constitution had learned Jewell could not have made the 911 call and discovered the bomb moments later because of the distance between the two points.

Jewell’s legal team took the unusual step of all but acquiescing to the grant of summary judgment on that claim on the notion that to have the appellate courts consider Mather’s summary judgment rulings now would make multiple trials less likely. Wood’s decision to go all in with the appellate courts, rather than go to trial on Jewell’s claim over the Aug. 4 story, may mean a trial in the case never happens.

On the Aug. 4 Journal-Constitution story, Justice Smith wanted to know more about the column referencing Williams. Peter C. Canfield of Dow Lohnes, the newspaper’s longtime lead attorney on the case told the judges that the column didn’t say Jewell was guilty and the column suggested that investigators searching his mother’s apartment weren’t finding any evidence. Justice Smith asked, “you’re saying Journal-Constitution copy editors—who testified in depositions that they had expressed concern about the column before it ran—had no reason for concern?” Canfield responded that “Their concern was fairness, not falsity.”

On rebuttal, Wood said the copy editors said the column was libelous because of the comparison with Williams. And Wood took umbrage at Canfield’s previous suggestions that Jewell’s side has litigated the case with an eye more to the media and movie deals than having the case resolved on the merits.

If you have not seen the brief video of the Anna Nicole Smith Opera that has sold out all six performances in London at the Royal London Opera and is receiving good reviews I suggest viewing that short video.

Follow Us On Face Book at http://www.facebook.com/profile.php?id=100001254987261 and on Twitter at http://twitter.com/RoseSpeaks and see who Rose Speaks is following.

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

I have also updated the Michael Jackson’s downloads so be sure and browse through those papers.

On February 16, 2011 the South Carolina Court issued an Order and Opinion denying Susan M. Brown’s request to dismiss the suit in regards to her personally and her law firm. The court docket shows jury selection is to begin on February 22, 2011 for that case.

©Rose Turner
February 19, 2011
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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Tags: a trial in the case may never happen, Anna Nicole Smith, Anna Nicole Smith Opera, anonymous 911 call warning of an impending bombing, Beverly Hills, Bryan Cave partner, Bryant v. Cox Enterprises, Celebrity Trials, Charles "Chip" Babcock, cold-blooded killer, concern was fairness, Constitution copy editors, copy editors said the column was libelous, Dannielynn, Dow Lohnes, Eric Robert Rudolph, estate of Richard Jewell, Fulton County State Court Judge John R. Mather, G. Watson Bryant Jr., G. Watson Bryant Jr. Esq., Georgia Appeals Court, Harry Susman, High Profile Trials, Hollywood, Howard K Stern, Jewell has since died of heart problems, Journal-Constitution, Judge Charles B. Mikell, Judge J.D. Smith, Judge John R. Mather, Judge Stephen L. A. Dillard, justice for Richard Jewel, L. Lin Wood, Lin Wood, Lin Wood gambles all of nothing, London UK, Neil McCabe, newspaper reported that authorities suspected Jewell, Nicole Jennings Wade, Nicole Jennings Wade Esq., Olympic park bomb, Olympic Park bombing, Peter C. Canfield, Peter C. Canfield Esq., Royal London Opera, stories published in July and August 1996, Susan M. Brown, Susan M. Brown Esq., the Atlanta child murders, The Atlanta Journal-Constitution, The Richard Jewell Case, Wayne Williams

In the South Carolina federal Court the Estate has filed it’s Reply to Susan M. Brown’s Response in which she states L. Lin Wood charges to much!!! I personally think it was reasonable especially if you look at some filings against attorneys in other venues for Sanctions and Contempt. Which then begs to ask, how much is Brown’s time worth and/or billed to clients?

Jury selection is scheduled to began on January 13, 2011 in South Carolina but I just don’t see this going to trial but rather Brown’s insurance paying and getting damage control under way to restore Brown’s reputation.

Bringing up Brown’s reputation, I am sure most of you read in my 2010 deposition in the Texas case where I was told by a representative for Susan M. Brown, that she was going to sue this site and ME for damaging her professional reputation. I have been very hesitant to write anything about Brown following that. Believe me three plus years of being tangled up in lawsuits with people you have never met, is enough for a life time. That said, if Brown is going to put herself out there with having an Order by a Court to Sanction her for Contempt, then do we have an obligation to cover it as we do all things Anna Nicole Smith? I personally don’t believe this site has ever published anything harmful, [unless you consider the truth harmful], to any of the people in this saga of overlapping jurisdictions and lawsuits. We have stated over and over we know NONE of these people, have little to no contact with these people directly and we have learned to ask both sides for comments on the record.

The rule of thumb here is going to be would I cover the lawyers I “like” if they were brought up on Sanctions and for Contempt, the answer is YES, therefore we are going to cover this using the same criteria as we would if it was say, Wood.

Should Susan M. Brown be worried about what a small time blogger has to say about her? Shouldn’t she be more concerned about her career and trying to restore her reputation as an ethical attorney? IF there is a Georgia State Bar Complaint against her we will never know that, but I would bet money with what two federal courts have said about her in Opinions she is being investigated and if not then the State Bar of Georgia has seriously dropped the ball on Brown.

Here are the latest filings in the Anna Nicole Smith Estate through the Executor, Howard K. Stern’s vs. Susan M. Brown, attorney, and others in recovering Estate property.

I think we can see the writing on the wall as soon as L. Lin Wood moved on to other cases and let Luke Lantta and Nicole Jennings Wade finished up this last major lawsuit involving Smith’s Estate .

November 11, 2010 Susan M Brown’s Notice of filing Affidavit as the Court ordered her to do.

November 11, 2010 Susan M. Brown’s Affidavit stating that none of the Estate’s property or any copies are in her procession. It details the actions she took to double check everything.

December 9, 2010 Susan M. Brown’s Response to Howard K . Stern’s bill as the Executor of the Estate of Anna Nicole Smith. Brown complains about how much money the Estate attorneys charged. Brown asks for a 25% reduction on the bill for $14,000+ but then goes on to really ask for a 50% reduction and that is based on what ? That Wood and team are better attorneys then Brown but still does not deserve to be paid for their work on the level of Wood’s abilities for his clients?… Yea that is going to fly, NOT!!!

December 20, 2010, L. Lin Wood’s Reply on behalf of the Estate of Anna Nicole Smith that basically says, oh Really, want to see the emails? Yeppers everyone keeps emails now especially lawyers trying to reach an agreement on anything, even something as simple as filing a joint status report the Court asks for.

With all of this said, I do hope we get to follow some of these attorneys who do defamation suits on high profile cases like L. Lin Wood and Jackson Walker over the years to come, both of them are the tops in the country and usually on opposing sides.

When I mentioned “All things relating to Michael Jackson, to Ken his first statement was “Rose your health can’t handle being pulled into any more legal wrangling”. Yes but we have great guest writers and what is pulling a few legal papers was my response to him. .

We are going to attempt to have someone in the court on January 6, 2011 for the judges ruling on pending motions filed by Steve Sadow and Brad Brunon to reduce the charges or for a new trial and of course for any sentencing the Court imposes on Dr. Khristine Eroshevich and/or Howard K. Stern.

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

Visit our Download Section for all documents on the cases we are following:

We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL

©Rose Turner
January 4, 2011
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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Tags: Affidavit, All things Michael Jackson, Anna Nicole Smith, Beverly Hills, Brad Brunon Esq., Brwon Sanction for Contempt, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, defamation suits, Dr. Khristine Eroshevich, Executor of the Estate, Executor of the Estate of Anna Nicole Smith, Ford Shelley, G Ben Thompson, Georgia State Bar Complaint, High Profile Trials, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., Jackson Walker, joint status report, L. Lin Wood, Lin Wood, Luke Lantta, Nicole Jennings Wade Esq., Sanctions and Contempt, South Carolina Federal Court, State Bar of Georgia, Steve Sadow Esq., Susan M. Brown Esq., Susan M. Brown Georgia Attorney

Once in a great while the veil of attorney’s fees are exposed so everyone can see what the best of the best charges.

We saw that when Jackson and Walker filed for Sanctions against Virgie Arthur in the Texas state Court. We heard it in the transcript of a hearing in that case when L. Lin Wood said his client, Howard K. Stern had a bill of $1,000,000.00, [yes one MILLION dollars], for attorneys fees to fight the two large suits in Houston, Texas Stern became entangled in with Arthur.

In the bill submitted per Court Order in the South Carolina Federal Court of the Estate of Anna Nicole Smith vs. G. Ben Thompson, Ford Shelley and Susan M. Brown Esq., we again have the opportunity to have a look behind the veil of billing by attorneys in high profile cases.

Frankly I am surprise that L. Lin Wood only charges $400.00 an hour, after all he is the best at what he does. NOTE AND CORRECTION: L. Lin Wood’s fee is closer to $815.00 per hour in most cases unless as with this case in which Bryan Cave has a “Hybrid fee basis” contract the fee is almost $1,000 per hour. I stand corrected and that is more in sync with what I thought “he should be paid”. I remember saying during my deposition that I was surrounded by thousand dollar an hour lawyers. I was wrong with that many attorneys and paralegals present I should have said about three thousand dollar an hour lawyers.

This also gives us a clear insight into what one of Wood’s client’s, Richard Jewell, said that he did not get that much money from the settled lawsuits but it was not about money to him it was about clearing his name.

Then there is ALL of the expenses of lawyers like Wood and his entourage of Nicole Jennings Wade and Luke Lantta for traveling, preparing filings, preparing for a hearing or deposition, the time spent at a hearing or deposition and even the transcripts. That plus the percentage, which is usually at least 1/3 of the settlement of a suit but can go as high as 50% of a settlement and then the “expenses incurred” and you see why lawyers walk away with most of the money.

That said, if you were Richard Jewell, John and the late Patsy Ramsey, or Howard K. Stern how much would it be worth to you for L. Lin Wood to restore your good name?

Some of these lawyers have what I call a God complex because of the mega bucks they make, however I never saw that in the depositions and hearings I was part of where Wood also participated. He is a southern gentleman but he also drives a $220k+ car and can be a mean fighting machine on behalf of his clients.

I will be writing a biography on Wood and what his previous clients got in some settlements, was it worth it to them and who is L. Lin Wood. I have done a lot of research and hope you will come back and read that later this week. Yes I will be asking Mr. Wood for a on the record statement about this unauthorized biography and his previous clients feelings about this mega lawyer.

Here are the papers filed by Bryan Cave last week.

November 29, 2010 Anna Nicole Smith Estate Filing for Legal Fees

November 29, 2010 Anna Nicole Smith EstateAffidavit of Louis Nettles in support of legal fees.

November 29, 2010 Anna Nicole Smith Estatebilling statement by Louis Nettles.

November 29, 2010 Anna Nicole Smith EstateAffidavit of L. Lin Wood in support of legal fees.

November 29, 2010 Anna Nicole Smith Estatebilling statement by L. Lin Wood.

What do you think, is L. Lin Wood worth this much?

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

Visit our Download Section for all documents on the cases we are following:

We will be listening to all of our readers about new cases. Do you have a tip for us on a case to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL

©Rose Turner
December 7, 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.

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

Tags: $220k+ car, Anna Nicole Smith, attorneys and paralegals, attorneys fees, biography of Lin Wood, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Estate of Anna Nicole smith, Ford Shelley, four hundred dollars, four hundred dollars an hour lawyers, G Ben Thompson, God complex, High Profile Trials, houly fee, Howard K Stern, Jackson and Walker, John and Patsy Ramsey, John Ramsey, L. Lin Wood, laywers billing statements, Lin Wood, Louis Nettles Esq., Luke Lantta, mega bucks, Neil McCabe, Nicole Jennings Wade Esq., Olympia Park bombing, one MILLION dollars, Patsy Ramsey, Richard Jewell, Sanctions, South Carolina Federal Court, Susan M. Brown Esq., the late Patsy Ramsey, the veil of billing, thousand dollar an hour lawyers, three thousand dollar an hour lawyers, unauthorized biography, Virgie Arthur

What do we do as the cases involving Anna Nicole Smith fade into the sunset where they belong? Folks while it might appear nothing is happening here on the site there are a lot of exciting things happening behind the scenes.

We will NOT be covering any child murders (I. E. Casey Anthony or Haleigh Cummings cases). We will have links to the sites we like the best for updates, but I just can’t write about missing and murdered children.

We will be listening to all of our readers about new cases, see the “contact Us” link at the top of the page and that will be included also in all future articles.

Right now we have the following cases:

1. All Things Anna Nicole Smith: That will be until the end of the criminal trial of Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich; the South Carolina Suit of the Estate vs. Ford Shelley, G. Ben Thompson, Susan M. Brown, etc. In fact see the calendar in that a status report is due this Wednesday September 22, 2010 on the Motion for Sanctions; the Appeals court on the Estate vs. Marshall and keeping up with the Supreme Court starting when they announce the cases they are taking next month.

2. All Things Michael Jackson: This will include the criminal case, the probate and associated cases with the Estate, Joe Jackson’s civil suit in federal court and Katherine Jackson civil suit on behalf of the Estate and Jackson’s children in the Los Angeles state Court.

3. The Cynthia Sommer case in federal Court and things going on in the San Diego D. A. office, Bonnie Dumanis, which has some strange occurrences in what appears to be a trend that I can only describe as witch hunts.

4. Any and all Defamation cases that draws our attention as in right now it is L. Lin Wood and his client Jeff Greene in Florida.

5. The Nancy Grace case heading to a jury trial in October 2010 that involves the tragic suicide of a mother, Melinda Duckett, and the question of did Nancy Grace pushing her in an interview caused the woman to commit suicide and more importantly did it close the door to law enforcement and their investigation?

7. The Nancy Novack murder case that involves millions of dollars and the “accidental death” of her mother-in-law, Bernice Novack, in Florida and then the brutal murder of her husband, Ben Novack Jr., in New York, with questions about why it took the federal government using a little known across state lines domestic violence law to finally get Nancy Novack and her accomplishes including now what appears to be a plot to kill a witness.

8. The Honorable Sharon Keller here in Texas, which is going before a new panel of judges today on her public warning for not following execution day policies, the “misplacing and forgetting over 2 million dollars of assets and now the legislature announced intention of impeaching her.

There are several others we are looking at but if any of the readers know of a good one, preferably just beginning, in filing of court papers let us know, we accept all tips and keep them confidential.

The Member only Forums is are NOT accepting any new memberships, however we are going to be opening up a new “Community” ran by Diamond Girl that will be easier to join and have a lot of discussions on a lot of cases. We have been working with her for several weeks as we develop that. We hope that will be a very busy community with a chance to the members to have good debates.

We are also working on a permanent document download area for court documents on all cases and that will be up this week with the first listings of documents probably starting with All things Michael Jackson and Anna Nicole Smith.

We will still have our featured guest columnists John J. Nazarian and Daniel DiCriscio and hope now others will write for us as cases they are interested in began.

There are a lot of new happenings at Rose Speaks. We do thank all of you for staying with us as readers and/or posters for the last 3 years that we have been around and hope you are around for the new cases as they come along.

So stay tune, we think a lot will be happening this week and the weeks to come. There are a lot of changes behind the scenes but we hope you will enjoy the finished site and the new directions we are heading.

NEW PAPERS IN SOUTH CAROLINA COURT IN ESTATE OF ANNA NICOLE SMITH VS. FORD SHELLEY, G. BEN THOMPSON, SUSAN BROWN ET. AL.

August 21, 2010 Status Report of Estate of Anna Nicole Smith vs. Susan M. Brown for Contempt and Sanctions; hearing set for September 28, 2010 at 11:00 A. M. via phone.

Ken, Rose and all of your administrators and moderators here at Rose Speaks!

©September 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.

Please also read our Terms of Use and our Privacy Policy

Tags: Anna Nicole Smith, Anna Nicole Smith Estate vs. Marshall, Ben Novack Jr, Bernice Novack, Bonnie Dumanis, Casey Anthony, Celebrity Trials, Charles "Chip" Babcock, Cynthia Sommer, Daniel DiCriscio, Daniel Smith, Dannielynn, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Estate of Michael Jackson, Florida, Ford Shelley, G Ben Thompson, Haleigh Cummings, High Profile Trials, Hollywood Criminal Justice, Honorable Sharon Keller, Howard K Stern, Jeff Greene, Joe Jackson, John J. Nazarian, John J. Nazarian P. I., Judge Sharon Keller, Katherine Jackson, L. Lin Wood, Lin Wood, Melinda Duckett, Michael Jackson, Nancy Grace, Nancy Novack, Neil McCabe, Rose Speaks, Rose Turner, San Diego D. A. office, South Carolina Suit, Steve Sadow Esq., Susan M. Brown Esq., Texas Criminal Court of Appeals, The O'Quinn Law Firm, U. S. Supreme Court, Virgie Arthur

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.

Tags: Amanda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Busy Street Productions LLC, Carol Martin, Celebrity Trials, Charles "Chip" Babcock, Chips Babcock, Dannielynn, Diana Marshall Esq., Estate of Anna Nicole smith, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Law Offices of Susan M. Brwon P. C., Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Nicole Jennings Wade Esq., Rose Turner, Susan M. Brown Esq., The O'Quinn Law Firm, TMZ.com, Virgie Arthur

The Deputy District Attorney Renee Rose will be the first up this morning for her opening statement on behalf of the state of California. She is expected to touch on the facts that the defendants, Howard K. Stern, Dr. Sandeep Kapoor and Drs. Khristine Eroshevich possibly along with uncharged conspirators Anna Nicole Smith and Bonnie Stern fueled Anna Nicole Drug habit. Rose is expected to point out they illegally conspired to provide the actress with drugs.

Deputy District Attorney Renee Rose is expected to outline the state’s case with facts of allegations that the three Stern, Kapoor, and Eroshevich face 23 felony charges, including three counts of conspiracy to dispense and administer controlled substances to a known addict. conspired to use false names to obtain drugs for Smith. Rose is expected to say she will present numerous witnesses testify that Smith was weak and “zombie-like” much of the time in the months after September 11, 2006, when her 20-year-old son, Daniel Smith, died in the Bahamas hospital room where she was recovering from the birth of her daughter, Dannielynn. One of the problems expected to be pointed out is that Stern picked up prescriptions for Smith in his own name that he knew was intended for Smith. There is expectation that Rose will also allege that Stern facilitated fueling drugs into Smith because after the death of Daniel she was easier to handle Smith if those around Smith kept her knocked out. Rose is also expected to make the allegations that Stern used false names to get double doses of dangerous drugs to feed the addiction Anna Nicole Smith.

Those allegations are expected to be countered by Steve Sadow, Stern’s lead defense attorney, by arguing that the use of false names to obtain drugs for Smith was intended to protect the celebrity’s privacy. Sadow had previous stated that “He, [Stern], is being charged doctor-related activities, which doctors have specific knowledge of and he’s just a layperson.”

Dr. Eroshevich’s former lawyer, Adam Bruan told the AP that “One of their theories is that the mere prescribing of medications using a pseudonym is a crime and it’s rebutted by the fact that some of the most respected hospitals in this city use this practice to protect the privacy of some of their celebrity patients.” Dr. Eroshevich’s new attorney, Bradley Brunon, of Phil Spector fame grilled the jurors about their knowledge of prescription drugs, use, family history, the Scientologist church with one of the potential jurors and if the jurors could remain impartial. Brunon is expected to strongly produce evidence that Dr. Eroshevich was first Anna Nicole Smith’s and then after the death of Daniel worked with Stern to wean Smith off of the prescriptions. I look for the good Samaritan defense to be presented also on behalf of Eroshevich.

Ellyn Garofalo Dr. Sandeep Kapoor’s attorney is expected to point out there could be no conspiracy because Kapoor and Eroshevich had never even met before the preliminary hearing last fall. Kapoor’s lawyer has previously stated that prosecutors could make it difficult for California doctors to treat their patients for pain, adding “If this prosecution is successful, you can all plan to call the D.A. office every time you ask your doctor for a prescription for pain, because that’s going to be the standard.”

Judge Robert Perry has agreed in that past that Eroshevich, “deeply cared for Anna Nicole Smith and was well intentioned” with her treatment, “Evidence in the record strongly suggests she, [Smith] was an addict and there was a widespread and ongoing effort to obtain drugs for Smith, whom he characterized as a “strong-willed person” intent on getting drugs. Judge Perry has previously said that the doctors may have been “blinded by the celebrity of their patient.”

Dave Kettel, a former federal prosecutor who handled prescription drug cases, and is now a defense attorney, said the case may be difficult to prove because of the multiple defendants. He said prosecutors could have a hard time showing that the doctors knew they were acting improperly and that one knew what the other was doing. He also said prosecutors may have erred by naming Smith as a coconspirator in the case. “Despite her personal problems, people liked her,” he said. “The last couple years of her life were so sad. I don’t think anyone wants to blame her.”

Another defense lawyer said the case could have a chilling effect on doctors who treat patients for pain, since the doctors could be held criminally liable if their prescriptions are deemed excessive. Sadow argued that Stern should not be charged because he did not know his companion was an addict or that it was illegal to obtain medication with a prescription written out to a false name.

Steven Sadow, the lead lawyer for Howard K. Stern, said the defense team was “very pleased” with the jury of six men and six women who were sworn in Tuesday afternoon.

Lawyers predicted the trial in Los Angeles County Superior Court could last up to three months.

There has also been hints that keeping a low profile that Virgie Arthur will be present daily and sitting on the front row right behind Renee Rose.

NEWEST TEXAS STATE LAWSUIT PAPERS

August 3, 2010 Virgie Arthur’s Response to Art Harris Emergency Motion to Seal.

August 3, 2010 Howard K. Stern’s Reply to Arthur’s Response to Stern’s Motion to clarify the Rule 11 agreement.

August 3, 2010 Art Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit A file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit B file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit C file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit D file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 4, 2010 TMZ and Harvey Levin Opposition to Arthur’s Motion for Continuance, with exhibits attached.

August 4, 2010 Art Harris Notice of Hearing on Harris Second Motion to Compel Production of Documents from Virgie Arthur

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 4, 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: Adam Bruan Esq., Anna Nicole Smith, Art Harris, Assistant D. A. Renee Rose, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ellyn Garofalo Esq., Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Honorable Larry Weiman, Honorable Robert Perry, Howard K Stern, Judge Robert Perry, Judge Weiman, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Phil Spector, Renee Rose, Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

Now the title got your attention, but it is not funny. Neil McCabe today begins the trial of Jerry Carswell’s lost heart in a cover up by a Harris County hospital. The trial starts today and is expected to last three weeks.

I expect one of the other attorneys to be at Friday’s hearing on the defamation case and I wonder if Lin Wood will be there or in California since he is listed as one of Howard K. Stern’s counsel in that case for depositions to introduce Don Clark and company.. However, Mr. Wood I believe is probably going to be there on Friday because this hearing is so important to his client in Texas.

Back to the lost heart. I have been following these cases for myself because of all of the hospital acquired infections etc. that end up killing people while they are in the hospital that is suppose to save them and I am sharing it with all of you because of the impact on this Friday’s hearing in Houston in the Harris County case of defamation and conspiracy to defame.

The death of a loved one is unbelievably hard to bear, especially when it is sudden and unexpected. It is perhaps even harder when the patient is in the hospital for a supposedly minor condition.

However, a three-month KHOU-TV last fall, November 2009, did an investigation that found evidence of what may be a national problem when it comes to medical records. It seems that some nurses, doctors and administrators have concealed, faked and even destroyed these documents when trouble happens.

Melissa Dorriety Case, Lost hospital records

Melissa, checked into Christus St. Catherine in Houston Texas for diabetes problems. There were no signs to cause her husband of 30 years to worry. Things went well and Melissa was to go home the next morning.

When her husband and son got to the hospital the next morning with bagels in hand to take Melissa home, what they found was horrifying. Melissa could not be aroused from a deep sleep by her husband and son and died soon after their arrival at the hospital. The family will always be haunted that when they, NOT the hospital staff, found Melissa she had one tear running from her right eye and down her cheek.

Melissa Dorriety’s husband, sued Christus St. Catherine but when the medical records were subpoenaed the attorney, Jim Perdue, for her family said one very important medical document was missing. It was the nurse’s worksheet showing Melissa’s condition, including the original medical notes made about her.

Jim Perdue told KHOU-TV, “That may be one thing in an isolated legal case, but not when you see it happening again and again and again.”

Sharon Rogers Case also had missing records

Rogers’ Estate found the same problem of missing hospital records when her Estate sued for medical malpractice, in that a section of her vital sign records during critical hours of her care could not be found.

KHOU-TV found evidence that this is not just one hospital in Houston Texas but during their investigation they found similar accusations regarding various hospitals around the country.

A surgeon in New Jersey removed the wrong lung from a patient. He then changed the medical record afterward, so it appeared he had in fact taken out the correct lung.

That led to New Jersey criminalizing altering or destroying medical records, but in Texas, there is no such law. WHAT??? You can make a deadly mistake and legally lose or change the records to show you did not in Texas?

KHOU-TV investigation they also discovered the Texas Department of Health could not find a record of investigating a single allegation related to concealing or tampering with medical records at any hospital in the state.

Jerry Carswell case is the one beginning a jury trial per the Court’s docket today, August 2, 2010.

I have up the latest filing on that case but read with care it is in fact a horror story and one that left me shaken.
Mr. Carswell entered the hospital through the emergency room with a kidney stone in 2004. He responded well to the treatment but Chritus St. Catherine wanted to keep him a few days to monitor his condition.

The hospital was full so the only bed for Mr. Carswell was in the pediatric ward, not where he needed to be which would have been the adult surgical wing. Early the next morning, the phone rang. Linda his wife has testified that a representative from the hospital asked her to come there immediately because an emergency had developed. Within minutes of her arrival, her life changed forever. Mr. Carswell had died about 5 AM that morning.

However, Carswell’s widow in the midst of her grief was together enough to want an independent autopsy done with the Harris County Medical Examiner’s office. The staff at Chritus St. Catherine told the grieving widow that the Medical examiner’s office had decline to do the autopsy because there was no foul play indicated in the death and instead they shipped Mr. Carswell’s to one of their sister hospitals for the autopsy. Ms. Carwell agreed for the autopsy to be done at the other hospital at the time not knowing it too was owned by Christus. Do you think she got a complete unbiased autopsy, I don’t and the records seem to bear that out.

For those of you who are not familiar with Texas statute, the medical examiner always does an autopsy if asked when the cause of death is unknown. That might have been inconvenient for Christus though because Mr. Carswell died from a drug overdose at the hands of nurses at Christus St. Catherine.

The Harris County Medical Examiner’s office could not find any record of Christus ever calling them to perform the autopsy. It was later found that Mr. Carswell’s body fluids disappeared, after his window asked for them to be saved. No blood or body fluids to test, how convenient for the hospital.

The worst news, though, came nearly two years after Jerry had been buried. His heart had been lost by the hospital and his family never notified.

After Carswell’s family filed suit, under sworn questions, the autopsy doctors said they had removed her husband’s heart and stored it in a container. When the questioning turned to who knew about the decision to remove the heart, the doctor admitted that they didn’t tell the Carswell family they were taking out the organ.

Judge Josefina Rendon of the 165th Court in Harris County issued a rare $250,000 sanction against Christus St. Catherine’s, ruling that the hospital “improperly concealed the heart tissue of Jerry Carswell in a Christus pathology laboratory.” The sanction further said the hospital also concealed blood samples, and determined that Linda Carswell’s case against the hospital had been “severely prejudiced” due to the “improper concealment of critical physical evidence.” The Court is going to give the Jury what is called an inferred direction. That means that because evidence was destroyed the jury has the right to infer that Christus St. Catherine did in fact have something to hide and so destroying evidence had to be considered by the jury hearing the case. This ruling was taken all the way up to the Supreme Court of Texas and they agreed with the trial court’s assessment of the $250,000 sanction.

As a high school coach, Jerry Carswell helped mentor students and develop some of them into professional athletes, like NFL star Bert Emanuel, who would later call Carswell the “best coach ever.”

My mother also in 1978 went into a hospital in Dallas Texas for minor surgery and died two weeks later because of miscommunications between the doctors and the hospital personnel. She died because no doctor prescribed post surgery antibiotics for her and her body became septic in 48 hours following the surgery, they agreed to pay all of the expenses in trying to save her and we agreed not to sue them.

We all know that many of our members have similar horror stories of loved ones lost to a minor condition once they entered the maze of hospitals.

Today the advice that most advocates give is have a medical advocate present to speak for you, to monitor the medication and the attention needed by the patient. It is best if someone can stay 24 hours a day. How sad is that??

So Virgie Arthur’s lead attorney, Neil McCabe, will be in a jury trial come this Friday’s hearing and I predict not before Judge Weiman on multiple Motions pending.

My question though is can a unbiased jury be seated in this medical malpractice case of this magnitude with the Jury Instructions the Court will give? How many of you have horror stories about hospitals or have heard of one?

We will keep you updated on the Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich trial as it progresses this week and also update any paperwork on the multiple Motions in both Court and the Appeals Court as they become available.

LATEST FILINGS IN THE TEXAS STATE COURT ON VIRGIE ARTHUR VS HOWARD K STERN, TMZ.COM, LARRY BIRKHEAD, ART HARRIS, HARVEY LEVIN ET AL.

August 2, 2010 Art Harris Emergency Motion to Unseal part of the deposition of Virgie Arthur to become public records with him Motion for Final Summary Judgment.

August 2, 2010 Affidavit of one of CBS’ attorneys in support of Harris Motion to Unseal part of the deposition of Virgie Arthur to become public records with him Motion for Final Summary Judgment.

August 2, 2010 Harris Notice of Submission for Oral Hearing on August 6, 2010 with all of the other things for the Court to decide.

August 2, 2010 TMZ.com and Harvey Leving Second Motion for Final Summary Judgment.

August 2, 2010 TMZ Notice of Submission of Summary Judgment without a hearing for August 23, 2010.

A couple of comments here. Even though Harris and TMZ both refer to Harris’ fling for Summary Judgment yesterday at the same time that TMZ and Levin did for some reason Harris’ Motion has not been filed. Second I think based on what the judge said on March 12, 2010 about how the dates he was setting that day, would be subject to change for multiple reasons with the fact it can take up to 3-5 years in Texas to have a suit go to trial that the Court will grant the Motion for Continuance. THIRD AND FINALLY WE ARE NOT PUTTING UP THE EXHIBITS FILED WITH THE TMZ-LEVIN MOTION FOR SUMMARY JUDGMENT BECAUSE ALTHOUGH SOME OF THE PAPERWORK ATTACHED IS NOT MARKED AS CONFIDENTIAL THOSE PAPERS CONTAIN VIRGIE ARTHUR’S LIST OF MEDICATION AND I BELIEVE ALSO HER PERSONAL DOCTORS NAME NOT JUST THE EXPERT ANY LIST OF ANYONE’S PERSONAL INFORMATION IS JUST NOT GOING TO GO UP ON THIS SITE SO YOU CAN BROWSE TOPIX TO SEE WHO BUYS THAT AND PUTS IT UP, BUT DON’T EXPECT TO SEE IT HERE. I would not wish for anyone to go through what I did because of an “accident” of filing.

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 2, 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: $250k sanction, 165th Court of Harris County, Anna Nicole Smith, Art Harris, autopsy, Bonnie Stern, Celebrity Trials, Charles "Chip" Babcock, Christus St Catherine, Christus St Catherine in Houston Texas, Don Clark, Don Clark ex-FBI, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, drug overdose, Harris County Medical examiner, Harris County Medical examiner Houston Texas, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, hospital acquired infections, Howard K Stern, inferred direction, Jerry Carswell, Jerry Carswell case, Jim Perdue esq., Judge Josefina Rendon, Judge Weiman, KHOU-TV, kidney stone, L. Lin Wood, Lin Wood, Linda Carswell, Linda Carswell case, Lost hospital records, Luke Lantta, Lyndal Harrington, Medical examiner, medical malpractice, Melissa Dorriety, Melissa Dorriety Case, missing hospital records, Neil McCabe, New Jersey, NFL star Bert Emanuel, Rose Turner, Sharon Rogers, Sharon Rogers Case, Supreme Court of Texas, tampering with medical record, Texas, Texas Department of Health, Texas statute, The O'Quinn Law Firm, TMZ.com, Virgie Arthur