Final Opinion on 2nd Appellate Court of California vs. Dr. Khristine Eroshevich and Howard K. Stern. I have not read it yet so will give my opinion after I read it and after I ask for on record statements.
For reference sake this article we had in October 2012 states most of the same things. That article was titled; Howard K Stern and Dr. Khristine Erosovich has Major loss as California Appeals Court Reverses and Remands back to Judge Robert Perry”. This latest opinion has added two more pages but so far as I read it is just the same as last year.
After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!
Am I the only one who thinks California should just let this go and not keep spending tax payers money of a selected case to prosecute?
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California Appeals Court today, October 18, 2012, Reveresed Judge Perry’s decision to dismiss charges against Howard K. Stern and ruled that the felony conviction MUST be reinstated on Dr. Khristine Erosovich.
Here is the main description and the download has now been FIXED!
Oct 18 2012 California Appeals Court Reverses Remands with Direction the Trial court Dismissing and/or lowering the Charges on Howard K. Stern and Dr. Khristine Eroshevich
The clear thing that sticks out if the first paragraph:
The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern?s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders.
Next the Court gives some directions to Judge Perry Court of alternative positions to take to still dismiss the charges on Howard K. Stern:
We agree with the prosecution that Mr. Stern?s new trial motion could not be granted nor the charges dismissed on the ground the evidence was insufficient as a matter of law. But, as we will explain, what can occur to Mr. Stern once the remittitur issues is limited by the double jeopardy provisions of our Constitutions.
Here, we conclude the trial court incorrectly granted Mr. Stern?s new trial motion; the evidence was not insufficient as a matter of law. As will become clear, the former jeopardy effect of the erroneous order granting Mr. Stern?s new trial motion is the same as an acquittal. Similarly, we conclude the trial court dismissed the charges against both defendants based on an erroneous finding the evidence was insufficient as a matter of law. Thus, we reverse the orders granting Mr. Stern?s new trial motion and dismissing the case pursuant to section 1385 as to both defendants. Once the remittitur issues, the trial court may take up the remaining new trial motion issues, dismiss on other grounds pursuant to section 1385, or even impose sentence. But, there is one thing the trial court may not do and that is to order Mr. Stern to be retried.
Some background on the proceedings are given by the Court of Appeals:
Dr. Kapoor was acquitted of all charges. As to count 3, the jury found defendants conspired between June 5, 2004, and September 10, 2006. As to count 1, the jurors found defendants conspired between September 11, 2006, and February 8, 2007. The jury found defendants conspired to commit two crimes. The first target offense was to obtain controlled substances by fraud, deceit or misrepresentation or concealment of a material fact. (Health & Saf. Code, § 11173, subd. (a)2.) The second target offense was to unlawfully give false names or addresses in prescriptions for controlled substances in violation of Health and Safety Code section 11174.3
Dr. Eroshevich was also convicted of two other charges. She was convicted in count 7 of obtaining controlled substances by fraud or misrepresentation in violation of Health and Safety Code section 11173, subdivision (a). Further, she was convicted as charged in count 9 of giving a false name or address in a controlled substance prescription in violation of Health and Safety Code section 11174.
Next we have a summary of the Trial Court’s Ruling of Judge Robert L. Perry:
Howard K. Stern
Preliminarily, the trial court found Ms. Marshall suffered from chronic pain syndrome; further, her “drug-seeking behavior” was primarily due to inadequate control of pain rather than addiction. The trial court was further persuaded the overriding purpose in procuring controlled substances in names other than Ms. Marshall?s true name was to protect her privacy. With respect to prescribing medications in a false name, the trial court concluded the law was vague as to what constitutes a false name. The trial court found no basis for charging a conspiracy ending on September 10 and a new one beginning the very next day on September 11, 2006. More significantly, the trial court found, “[T]here is [no] evidence in the record at all that Howard Stern lacked a good faith belief that the practice of obtaining prescription medicines for [Ms. Marshall] in names other than [her true name] could be against the law.” The trial court found Mr. Stern acted to protect Ms. Marshall?s privacy, as had most of the doctors and hospitals that had dealt with her. The trial court concluded: “When I consider all the evidence, and even viewing it in a light most favorable to upholding the verdict, I find it is clearly insufficient. Under these circumstances, I find no reasonable trier of fact could find that Howard Stern had a specific intent to violate either of these target crimes . . . and I do grant a motion for new trial to Mr. Stern on these [conspiracy] counts . . . .” Immediately after granting Mr. Stern?s new trial motion, the trial court stated: “[B]ut I?m going further. [¶] I find the evidence at trial was so lacking and insufficient to show a specific intent to join a conspiracy on the part of Howard Stern to commit these target crimes, that I do believe the interest of justice supports the dismissal of these counts as to Mr. Stern, and I so order. And this, of course, is under Penal Code section 1385 . . . .”
The minute order prepared for Mr. Stern sets forth the trial court?s reasons for dismissing counts 1 and 3 as required by section 1385: “On the court?s motion, counts 1 and 3 are dismissed due to insufficiency of the evidence. [¶] The court further clarifies that it is dismissing counts 1 and 3 in their entirety, which includes all hung target offenses, due to insufficiency of the evidence as a matter of law pursuant to Penal Code section 1385.”
Dr. Khristine Eroshevich
Having dismissed the conspiracy counts as to Mr. Stern, the trial court turned to Dr. Eroshevich?s motion. The trial court concluded: “I don?t think there was an agreement between the two of them to violate the law, and . . . I don?t think the conspiracy counts can stand [as to Dr. Eroshevich], and so I dismiss those as well . . . .” The clerk?s minutes for Dr. Eroshevich contain no statement of reasons for the dismissal. The minutes state concerning Dr. Eroshevich: “The cause is argued and the court grants defense motion to dismiss counts 1 and 3 pursuant to . . . section 1385 due to insufficiency of the evidence.” No other language pertinent to the dismissal of counts 1 and 3 as to Dr. Eroshevich is contained in the clerk?s minutes. We will later discuss the effect of the absence of any language in the trial court?s oral order or the clerk?s minutes concerning: the substantial evidence standard of review; having viewed the evidence in a light most favorable to the verdicts; and that no reasonable trier of fact could find guilt beyond a reasonable doubt. (People v. Hatch, supra, 22 Cal.4th at p. 273; People v. Salgado, supra, 88 Cal.App.4th at p. 10.)
However, the trial court denied Dr. Eroshevich?s motion for a new trial or to dismiss as to counts 7 and 9: “I choose not to disturb the jury?s verdict regarding [Dr.] Eroshevich on counts 7 and 9. There is no doubt in the court?s mind that based on the evidence [Dr.] Eroshevich acted out of a heart-felt desire to help her friend. Obtaining a prescription in the name of another person, Charlene Underwood, without [Ms.] Underwood?s knowledge or consent was clearly wrong and constituted a violation of the law. As a doctor[,] [Dr.] Eroshevich well knew she should not have done this and it is clear to the court that she acted with the required intent to defraud.” However, the trial court “vacated” the count 9 conviction on grounds it was not appropriate to punish Dr. Eroshevich twice for the same act. The trial court then reduced count 7 to a misdemeanor. The prosecution has not appealed the trial court?s orders with respect to counts 7 or 9.
However, DON’T get to excited here, the Appeals Court gave Judge Perry several options to dismiss the charges or other options but not that of a NEW TRIAL. This is becoming the cases that never ends!
After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!
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.
Extremely RARE images including Sinead, Bon Jovi and Pearl Jam
“I made this video for the 5 year anniversary of Anna Nicole Smith’s Death.
What is Anna Nicole Smiths legacy? – Playmate, reality show diva, actress, businesswoman, super model, tragic beauty. These words describe the legacy left behind by Anna Nicole Smith. Above the ditzy blonde bombshell, she embodied more than her infamous Marilyn Monroe …look-a-like status….Whether or not she planned it…she grabbed Hollywood by the horns and took the public for a ride.
The world didn’t adopt a true Anna addiction until those iconic photos from Anna Nicole GUESS ads were posted in every magazine. From the moment her Guess ads appeared on billboards worldwide, we were hooked. Her “gold digging” habits with her 80-year-old oil tycoon husband, J. Howard Marshall, made us take a second look. Her Death a third look. But what made this woman so different from the rest? She was “entertaining the world every day of her waking life”, consciously or unconsciously, and arguably the most beautiful woman to ever live.
Now that she’s passed, we’re still captivated. Her life is the epitome of every soap opera we’ve ever seen rolled into one. Like Marilyn Monroe the world is also still waiting for a cause of Anna’s death. The rumor mill says she died of a drug overdose, but there were no pills found in her blood or stomach. Other rumors are that she choked in her own vomit, she killed herself, or she was murdered. Some of her friends say she died of a broken heart. Even with Anna Nicole’s death, the world wants more of her in any shape possible. The gossip-spreading keeps her alive. As far as the entertainment industry goes, there hasn’t been–and never will be another Anna Nicole Smith. No other celebrity has left such a deep scar in the media because her life was a roller coaster the world couldn’t stop watching.
This GUESS campaign featuring Anna Nicole Smith gives us one of the most classic pictures of Anna from her prime. These GUESS images will become as iconic as those of Marilyn Monroe that are just as tattooed in our minds. Before you laugh remember that people in 1962 had many of the same thoughts of Marilyn that some people have today of Anna. Time and death makes legends out of beautiful blonde women.”
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The expressions in this article are based on the opinions of our guest writer, Matthew Paul, This article is the sole property of Matthew Paul and Rose Speaks unless otherwise stated. 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 article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.
The Sun News.com of Myrtle Beach, South Carolina led with the headline of “Developer linked to Playboy Model to Plead Guilty to Mail Fraud” by David Wren
The article goes on to say:
“Ford Shelley Jr. – the local developer whose acquaintance with the late Playboy model Anna Nicole Smith helped fuel a media circus following her death – has agreed to plead guilty to a felony charge of mail fraud related to allegedly falsified mortgages he helped to arrange for his Pineapple Bay condominium project in Myrtle Beach.
“Even though he has agreed to plead guilty, Shelley said he is the innocent victim of a mortgage broker who misled him about the legality of a loan program that Shelley used to sell the condos. Neither Shelley nor his lawyer identified the mortgage broker.”
Nice to know poor Ford is still hollering he is the victim. Wonder what the patriarch, G. Ben Thompson, thinks of Ford Shelley taking down some of the Thompson family with him, like Gaither B Thompson, II who is to be arraigned on November 9, 2011 at 10:30 AM in Florence, South Carolina for mail fraud with two of Shelley’s other business partners; after what we can gather was Shelley testifying against them to the grand jury, per Shelley’s plea deal.
All things considered Shelley’s attorneys, Gene Connell of Surfside Beach and Brown Johnson of Florence, cut Shelley a pretty sweet deal. Shelley:
“Did devise and intend to devise a scheme and artifice to defraud a lender by means of false and fraudulent pretenses, representations, and promises.”
Shelley sold condo units at his Pineapple Bay Project, operated by his company, “Fruits of My Labor LLC” by inducing buyers to purchase the units and then Shelley would give them a large kick back in money after the sale of said property and leave that little tidbit out to HUD.
However the plea agreement is only for one count of mail fraud because of course Shelley’s hands were all over the completed loan packages minus that kick back money when mailed to GMAC Mortgage Corporation. Damn it is always the IRS or the U. S. Postal Office that gets you, Ford didn’t watching the Capone movies teach you anything?
Shelley sold the condos for $695k to $700k, all but one went into foreclosure. The condos are now selling for $135k to $155k.
Shelley entered into the plea deal on October 11, 2011. The day after Shelley plea deal was filed with the court on October 24, 2011, the federal grand jury indictment of Shelley’s brother-in-law Gaither Thompson II and two business partners for mail fraud of the same property was unsealed on October 25, 2011.
Shelley under his plea agreement was to testify to the grand jury truthfully about other parties involved. No date for his sentencing has been set, if he helps get the other guys, like in-laws, he might get some points by the court. Shelley is facing a maximum of up to 20 years in prison, a fine up to $250K, supervised release up to 3 years and a special assessment of $100.00.
So wonder if Ford and wife Gina Thompson Shelley will be invited to the holiday festivities this year?
In what appears to be generosity the Estate of Anna Nicole Smith through the Executor Howard K. Stern filed with the federal court in South Carolina a Request for more time to enter the final agreement between the Estate and the Thompson/Shelley families until a hearing in the Probate Court in California to be held on January 24, 2012.
My final question after watching all of these clowns since February 2007, is CAN Ford Shelley be honest? What are your thoughts is facing federal prison time suddenly turned Ford into an honest man?
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Last night John J. Nazarian sent out the following email as well as on Twitter and Face Book:
“Hear me live tomorrow at 6pm Pacific Time on my new show Straight Talk with John J Nazarian at http://www.blogtalkradio.com/john-j-nazarian. This will be every Sunday night for one hour and will go to five nights a week shortly after. Some of you will be surprised and most of you will ask what took so long, it will be me unedited and telling it like it is. There will be guests and a few celeb’s of course; it will be my thoughts and opinions of many subjects.”
I am very excited that John is jumping into radio and will bet he will be syndicated in a few months at most. I look forward to his guests and the celebs that will appear, just think who all John knows and who all wants to debate with John.
I have been invited to debate with John Nazarian about the Casey Anthony trial, I believe our judicial system works, Nazarian feels it failed bad in that case. That announcement on his new site of Straight Talk with John J. Nazarian states:
“Sept. 4, 2011 6 PM PDT CASEY ANTHONY LATEST GUEST: ROSE TURNER- John offers insight about the case and debates with Rose of RoseSpeaks.com about the case.. the trial .. and the outcome. Where is Anthony now. Is her life really in danger? How do you feel about the potential she will profit from the case. Could she ever face lesser charges? or is she free and clear. Viewer feedback lines will be open.”
Nazarian’s guest today, his premiere show, is Vee Foster and among other things they will be talking about both Anna Nicole Smith, the 4+ years of cases and Michael Jackson and the upcoming trial of Dr. Conrad Murray. The site says:
“August 21, 2011 Straight Talk with John J. Nazarian Celebrity PI Premiers at 6 PM PDT. GUEST: Ve Foster investigative journalist. Get to know the real John, his thoughts, cases, call in and ask him a question or just say Hi.”
I will be on today’s show briefly, of course promoting the way we cover trials which we believe is different than most sites.
Be sure to tune in today at 6 PM PDT, 7 PM MDT, 8 PM CDT and 9 PM EDT and for the weeks to come. My bet is that Nazarian with the controversy that comes with him, will be an instant hit. Ken and I both are in the category of: “most of you will ask what took so long”.
Be sure and tune in today, it should be fun, entertaining and enlightening.
Join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join
Visit our Download Section for all documents on the cases we are following.
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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.
Well talk about “the other shoe dropping,” it did for a few people this morning. I am sure that anything to do with the “Supremes” will never be a favorite group for those left behind in the Anna Nicole Smith saga, for that matter they may never mention “Supreme” anything. The cascading and never-ending grief that surrounded Anna Nicole Smith just continued today when the U.S. Supreme Court made it clear, “Get a Job.” There will be no millions and millions and for that matter there will be Zilch, Nada and all those legal fees..ouch! The dreams of all those “Benjamins” stacked neatly in big piles and personal bankers have all turned into nightmares, just like the lives of many involved in the Anna Nicole Smith Saga.
It is my belief that had Anna Nicole Smith lived, life would have been better for some and just awful for one or two. The “Master Plan” would have been in effect and she and her constant companion would have lived happily ever after raising “their child.” Perhaps I think that the U. S. Supreme Court Decision on Anna Nicole Smith Estate (234); U.S. Supreme Court would have maybe been a little more generous had Anna been around. What “The Supremes” thought of this case and the “players” was addressed by Justice Roberts. The comment by Justice Roberts in quoting Charles Dickens novel “Bleak House“ spoke volumes with what he was thinking in reference to this entire matter, again, my opinion.
Someone told me that they thought that they heard someone yell, “Oh my god stop decorating,” we are not sure in what context that was heard, but funny right? All those millions would have been a pain in the ass for someone to have to handle, just terrible. And the lifestyle, Big Houses, Big Pools, Big Lawns, Big Staffs, Big Security, Fancy Cars, First Class travel, Wonderful Fancy Hotels the “Life of Riley.” Who the hell would want such a thing to have to wake up to every morning, knowing that all you had to do was have fun with your kids. And spend money taking “care” of all their little needs each and every one of them. Looking at what money and fame has brought to the life of Anna Nicole Smith, maybe the simple life will be the trick and one of joy and love. Frankly, what the hell, seems like there is not much of a choice at this point…
Visit Desperate Exes.com to read all of John J. Nazarian’s thoughts on all things of the rich and/or famous.
NOTE FROM ROSE TURNER: This is the last article this site will do on Anna Nicole Smith, as one of our members said to me, life has moved on and so has all of us.
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The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.
The first glaring question to me is did the death of Michael Jackson cause the bankruptcy of Dr. Arnold Klein and if so, what does that say about the prescriptions that were being handed out to stay close to Jackson?
March 10, 2011 Dr. Arnold Klein Status Report on his pending bankruptcy. (174) This filing is interesting because it states in part; “Dr. Arnold Klein is often referred to as and considered the father of modern cosmetic dermatology”. Arnold Klein has also filed bankruptcy in his medical corporation which is a separate case before this same court. Arnold “believes that some or all of his financial obligations were incurred as a result of fraud and/or embezzlement perpetrated by his former accountant and office manager…” It also gives us a peek into the Dr. Conrad Murray state criminal trial by stating; “Dr. Klein plans to retain the Law Offices of Garo B. Ghazarian as his criminal attorneys in connection with a subpoena issued to compel Klein’s deposition in connection with a state court criminal case. Klein also gives up a view into the rich and famous and what cutting back is to them. Be sure to read page 8 on the three properties, lawn and pool service, eat, drink and be merry and care takers for the two he does not live in. Not the normal bankruptcy here.
March 16, 2011 Dr. Arnold Klein\'s Amended Schedule B Personal Property (203) This is well worth a read, talking about arrogant millionaires. This lists every painting, a crystal panda bear, how things are framed, value, and where Klein bought them from. A GREAT advertisement for places like Christies and I would say not to expect this to go on sale in a yard or garage sale or even on an auction block. This to me was the best read of these papers filed.
April 8, 2011 Dr. Arnold Klein\'s Motion to Compel Able Investment Services to Produce Documents (151) Klein alleges that Able Investment Services, LLC, Klein is alleging that loan made by Able to Klein who holds the first deed of trust against one of Klein’s homes and Klein believes that the lien held by Able is one of the many liabilities incurred by his former business manager and/or others without Klein’s consent or knowledge.
April 20, 2011 Interested party 435 North Roxbury Dr. Ltd. Motion to Compel Immediate Payment and other Requests (346) Hearing set for May 18, 2011 at 9:00 AM; Interested party 435 North Roxbury Dr. Ltd. Motion to Compel Immediate Payment of Administrative Expenses arising under an unexpired lease of nonresidential property;requesting timely future performance of future lease obligations; and compelling Klein to assume or reject certain unexpired leases of personal property.
I doubt that we will ever know what the Anna Nicole Smith’s Estate vs. Ford Shelley, G. Ben Thompson, Susan M. Brown et all, is going to end. I am willing to bet something is going on behind the scenes.
May 13, 2011 Anna Nicole Smith Estate files Joint Status Report NO Dates Available (315) On behalf of all of the parties Executor’s attorneys have filed a Status requested by the judge of the Federal Court in South Carolina as to what dates in August and September are the parties ready to go to trial because this has been pending about 3 years now, and the judge wanted to start jury selection on July 28, 2011. It appears from the filing that there are three days available in August and three days in September available for all of the parties and those dates are no where near each other.
There is no ruling on the money the Estate says Susan M. Brown owes the Estate. We have the ruling by the U. S. Supreme Court is due out by the last Monday of June 2011, but how could the parties NOT think the judge was ready to go on the South Carolina case? Whatever is up, we will never know UNLESS the judge issues an order of be here on this date or else. I doubt that will happen because the Court had already stated that it could send an Order out scheduling the trial to start at a later date then September. So what do you think the judge is going to do?
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