Posts Tagged “Danny Santiago”

Ford Shelley and G. Ben Thompson in the Bahamas

As the California Criminal Trial of Howard K. Stern, Dr. Sandeep Kapoor and Khristine Eroshevich looms for August 4, 2010, the Estate of Anna Nicole Smith tightens the noose on four major witnesses.

You have to wonder if this will affect the credibility of Ford Shelley, G. Ben Thompson, Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson as well as attorney Susan Brown. It also appears that Magistrate Judge Thomas E. Rogers III for the South Carolina Federal Court decided to issue this Order without need of a Hearing.

On July 1, 2010 the Court in South Carolina issued an Court Order allowing the addition of Gaither Thompson II, Gina Shelley, Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia. The new defendants have twenty one (21) days to answer the Amended First Complaint so don’t look for this to go to trial before the criminal charges in California is tried to conclusion.

HERE ARE THE HIGH POINTS I FOUND IN THE COURT’S SEVEN (7) PAGE ORDER

“Plaintiff asserts causes of action for conversion, wrongful taking of estate property in violation of California Probate Code § 850, et seq., statutory and common law commercial appropriation of right of publicity in violation of California Civil Code § 3344.1, unjust enrichment/restitution, unfair competition in violation of California Business & Professional Code § 17200, et seq., violation of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030(a)(5) and civil conspiracy.

That the Estate’s property has been distributed to other entities including Geraldo Rivera with Fox News, the O’Quinn Law Firm, former television journalist Rita Cosby, and the California Department of Justice.

Counsel for Ford has consented to the filing of the proposed Amended Complaint. See Email from MacDonald to Lantta dated October 28, 2009. Thompson has not filed a Response in opposition the motion. The only opposition comes from proposed new Defendants Brown and the Law Firm. 1 Brown argues that allowing the amendments would be prejudicial to her and would be futile as to the claims against her. Brown does not appear to oppose the addition of Gaither, Melanie and Gina as Defendants in this action or to the addition of factual allegations regarding Ford’s distribution of Estate property to other third-parties.

[Brown] argues that she would be prejudiced due to the fact that she has not had the opportunity to participate in discovery as a party. However, in his Response, Plaintiff asserts that he is not opposed to amending the deadlines in this case to allow Brown to conduct discovery.

Brown argues that, as former counsel in this case, she is immune from the claims Plaintiff seeks to allege. Generally, an attorney is immune from liability to third persons arising from the performance of his or her professional activities as an attorney on behalf of and with the knowledge of his or her client. See Hunt v. Mortgage Electronic Registration, 522 F. Supp.2d 749, 758 (D.S.C. 2007). However, both Thompson and Ford testify that they did not authorize her to distribute Estate property to the O’Quinn Law. Firm.

The Clerk of Court is directed to file the Amended Complaint, which is attached as an exhibit to Plaintiff’s Motion. Plaintiff must serve the Amended Complaint within 15 days of the date of this Order. Defendants must respond in accordance with the Federal Rules of Civil Procedure. Ok after reading the First Amended Complaint I see this is the same exhibit filed with the Court in September 2009, so nothing new here; just has not read it in almost a year.

FILINGS ON JULY 1, 2010 WITH THE SOUTH CAROLINA COURT.

July 1, 2010 Court Order allowing the First Amended Complaint to include Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1, 2010 First Amended Complaint filed by the Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit A filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit B filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit C filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit D filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit E filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit F filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit G filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit H filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

July 1 2010 Exhibit I filed with First Amended Complaint by he Estate of Anna Nicole Smith adding Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson and the attorney Susan Brown and her Law Firm in Atlanta Georgia

Summons to Serve on Gina Thompson Shelley, Gaither Ben Thompson II and Melodie Thompson

Summons to Serve on Susan M. Brown and the Law Offices of Susan M. Brown

LATEST FILING IN THE TEXAS CASE I have not had time to read any of these papers.

July 7, 2010 Virgie Arthur’s Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit A filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit B filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit C filed with Response to Art Harris Motion to Compel Production.

July 7, 2010 Virgie Arthur’s Exhibit D filed with Response to Art Harris Motion to Compel Production.

NEWEST FILINGS IN THE VIRGIE ARTHUR VS. HOWARD K. STERN BREACH OF CONTRACT.

July 1, 2010, Howard K. Stern’s Special Appearance to Object to personal jurisdiction.

July 1, 2010 Stern’s Exhibit A filed with Stern’s Special Appearance to Object to personal jurisdiction.

For now we are NOT going to buy these papers due to cost, if it gets traction after the beginning of the Criminal trial or the August 6, 2010 hearing on Stern’s Special Appearance, then we will begin to purchase these papers as well.

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
July 6, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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John J. Nazarian dinner with Wilma Vicedomine and friends

After a brief blogging break I am back…I was involved with the pre-lim of Howard K. Stern, Dr. Khristine Eroshevich and Dr. Kapoor, all of these people are being represented by some of the best criminal defense attorneys in the United States. Steve Sadow for me has been a sleeper, this guy is nothing but entertaining in his :delivery,” and I promise you all that Mr. Sadow will be very entertaining during the trial. It took me several days to warm up to him, but when I saw what he was capable of, I have to say that Mr. Stern is in very good hands with Sadow. Christopher Smith, Esq. is also sitting second chair to Sadow, Chris is another class act and a “sleeper,” very talented. We have Adam Braun handling the defense of Dr. Eroshevich with a very different style than that of Sadow. Both of these lawyers have some big surprises for the gaggle of misfits coming to town for their “15 minutes.” Kapoor is being represented by Ellyn Gerafalo, the only female attorney in this powerhouse of legal talent. Ms. Gerafalo is also in a league all of her own, knows her stuff and she is tough….In the defense of Kapoor even a lawyer of Ms. Gerafalo’s calibre may not be enough, Kapoor has sealed his fate, again my opinion. My leaving the Howard K. Stern defense team was a good thing and I look back at the decision fondly.

There were a few days that I had to deal with other assignments, and of course when Birkhead showed up…

….Judge Robert J. Perry gave all involved as much room to present and to make clear their positions as was legally possible. …Special Agent Santiago looked a little like a man in a rowing competition with “short oars.” One of the other Special Agents, Jennifer Doss, got a little dressing down by Judge Perry when he interrupted her roll and said, “I’m supposed to be making a decision whether a crime was committed, I don’t want you saying that you think a crime was committed.” …

…There is not a question in my mind that if one would have had a crystal ball and could see into the future, if knowing Michael Jackson was going to take an eternal dirt nap, the State of California would have waited and avoided the Anna Nicole Smith matter like a plague….

…This case has affected so many, and at some point I will express my thoughts on this case and the stuff that I have read, noticed and observed as only an ex-copper can. I owe no allegiance to anyone, and taking this very position will I am sure have “Old Blabbermouth” going into action. For this individual I have a very special set of scissors to do some very serious “wing clipping,” all in 2010!

To read the rest of this article go to Desperate Exes.com and read about John J. Nazarian’s new and old “friends” including Ms. Vicedomine. The article on Mr. Nazarian’s site is much longer than our lead in here.

http://desperateexes.com/2009/11/03/catching-up-on-stern-kapoor-eroshevich-and-new-old-pals/.

©John J. Nazarian
November 3, 2009
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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Anna Nicole Smith

This is the final week of the preliminary hearing to hold Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor over for trial of conspiring together to furnish prescription medication to a “known addict”. The trial is rumored that it will start after the first of the year. Which is long after the Howard K. Stern vs. Rita Cosby defamation trial is due to start on November 30 and end within a month or before the end of the year.

Last week on Thursday and Friday we had three pharmacists and the other investigator and partner of Danny Santiago, Jennifer Doss, a special agent with the California Department of Justice pharmaceutical task force. She testified that Anna Nicole Smith had been using multiple doctors, pharmacies and associates to obtain prescription drugs under false names. Steve Sadow suggested in cross-examination that some of the medication was legitimately issued to Howard K. Stern for back problems and for botox injections.

Judge Perry interrupted Jennifer Doss at one point to say, “I’m supposed to be making a decision whether a crime was committed, I don’t want you saying that you think a crime was committed.”

One of the pharmacists, Ira Freeman testified he was so alarmed at the now infamous faxed prescription list that he called a friend who was a drug expert named Gregory Thompson, and asked him to speak with Eroshevich in the Bahamas. Freeman said he had been dealing with Smith for years through his pharmacy, usually issuing prescriptions to her under the name of Michelle Chase, a pseudonym used to protect her privacy. Freeman went on to say that Anna Nicole Smith always sent other people, including Stern, to pick up the prescriptions.

Department of Justice investigator Danny Santiago returned to the stand to relate his interview with Thompson after Smith’s death. Santiago said Thompson, former director of the poison control and drug information center at the University of Southern California, called the dosages requested by Eroshevich “outrageously high.” “He said they would work on an addict under supervised care, a dying cancer patient or if you were gong to kill someone.”

However under cross examination Santiago admitted that during his interview with Thompson the doctor had told Santiago that Dr. Eroshevich was trying to do the right thing for Anna Nicole Smith but was not familiar with the drugs she was prescribing.

We also had Homeland Security agent Kenneth Krause described travel records showing multiple flights by Stern Dr. Khristine Eroshevich, to and from the Bahamas at times when prescriptions were picked up in California for Anna Nicole Smith.

Of the last two witnesses one will be Dr. Timothy Botello Monday to evaluate actions taken by Smith’s psychiatrist Dr. Khristine Eroshevich. The last witness is said to be a computer forensics expert who will testify to what this forensic expert found in regards to analyze e-mails in the case.

In other news on Friday, October 23 Larry Birkhead and Debra Opri settled their cross suits against each other. The public part of the agreement says that each will pay their own attorney fees and that the Los Angeles Court will continue jurisdiction to enforce the settlement. The public documents do not say how much of that $600,000+ of money held in an interest drawing bank account since June 2007 will be divided between Birkhead and Opri.

UPDATE: In this morning testimony, Dr. Timothy Botello, an expert in psychiatry, testified he documented prescriptions written from 2003 to 2007 when Smith died. He focused on one month in 2004 when Dr. Khristine Eroshevich, Smith’s psychiatrist, and Dr. Sandeep Kapoor were giving her medications from various pharmacies.

Stay with Rose Speaks.com throughout today as we bring you the latest from the court in Los Angeles as the preliminary hearing winds down.

©Rose Turner
October 26, 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.

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Steve Sadow Howard K. Stern lead criminal attorney

I had court observers tell me over and over again this week, that before this preliminary hearing started they felt it had been a fatal error on Howard K. Stern’s part to bring in an out of state lead criminal attorney, Steve Sadow. It was thought that as many good criminal attorneys as there are in California and especially around the Los Angeles area that any jury would not relate to the southerner in cowboy boots, Steve Sadow.

During the preliminary hearing we have read from court observers that Judge Robert Perry stops Sadow as he is going into a long oratory before asking a question of something like “hold on, this is a preliminary hearing not a trial keep the questions short and to the point”. Then we had Daniel DiCriscio describing in just the morning session that Steve Sadow, lead criminal attorney for Howard K. Stern, was jumping up every few seconds to object to something the Los Angeles assistant district attorney, Renee Rose would began to ask to object.

However, that seems to be evened out by the judge not allowing a lot of evidence in about Anna Nicole Smith, her life, potential sex escapes, tapes etc. that Renee Rose is trying to introduce. One witness blames Stern and Dr. Khristine Eroshevich as Mo Mo did, and then another witness does not know anything about Dr. Khris but did talk to Dr. Sandeep Kapoor and so the “show goes”.

“Show”?? Yea but about a real person’s life and every facet of it more then two years after her death, I keep asking myself why?

Did we need to know about all of her physical ailments? Did we need to know, as one writer, said where even the remote to her T. V. was kept? Did we need the dueling banjos of testimony of Mo Mo followed by Larry Birkhead to dispute that fact? Birkhead explained what seemed to be a far more logical explanation and one I had heard way back in the spring or early summer of 2007. If I could find this why did the “lead investigator” Danny Santiago NOT find this?

Everyone who is a court observer agrees that the most damning evidence to date is Mo Mo, after all he was with her the last 5 months of her life. By the way if he did that because he loved her and never got paid, doesn’t that mean he lived off of Anna Nicole Smith in the beautiful Caribbean as the fingers he pointed at Stern seemed to indicate? Why was Mo Mo willing to lie for months and months and then decided he wanted to set the record straight? For that matter which record is he sticking to finally? I have so many questions about the devoted Mo Mo and so few answers.

I have heard it said that Howard K. Stern better hope that Sadow has a big enough bat to handle Mo Mo or his legal name of Maurice Brighthaupt, and does he? Well I talked to several court observers after the almost 3 days of Mo Mo then followed by the southern voice of Larry Birkhead and here are some things they are saying. First and foremost to date the only damning witness has been Mo Mo, but let’s look at that and what some have not written about.

Under cross examination Sadow was able to agitate Mo Mo, that won’t play good to a jury for Mo Mo to appear like a giant ex bodyguard with an axe to grind with Anna Nicole Smith’s Estate which equates to Howard K. Stern and Larry Birkhead. One court observer told me about this last week that they did not care for Sadow personally but that he was “very likeable” and that is what plays to a jury. If the lawyer is likeable and has some good points and can agitate the top witness to date that does not bode well for the prosecution. One court observer told me, it does not matter if you like Sadow personally he is one hell of a likeable lawyer in court. Here is my own interpretation of what MIGHT have happened between Mo Mo and Sadow in just one question and all of you have posed some great questions here on the blog by the way. Sadow: “So Mo Mo which time are we to believe when you are choosing to tell the truth, now or when you were being paid over a hundred grand for appearances when you said something entirely different”? Mo Mo, gets agitated and glaring at the lawyer and said: “This time I am just now trying to set the record straight”. Now agitated and that lame of an excuse for lying while the money was coming in but not now, how do you think that is going to play to a jury?

I had heard the account given by Larry Birkhead about the AMA show before and have written about it. Allegedly Anna Nicole Smith had a grand mal seizure the night before her appearance. Two doctors were called and both said to give her a double dose of her seizure medication. As hard as it is for most of us to believe the beautiful Anna Nicole Smith had anxiety before a public appearance and especially for this one with her weight loss. She had insomnia and had not slept for thirty six hours straight. I have heard “gossip” that besides the seizures and no sleep she had taken a Xanax several hours before she was to appear to try to sleep. Did Mo Mo have any explanation for that? Another witness who is suppose to give damning evidence is Nathan Collins but even he told me he had asked around and had talked to Kim, Anna Nicole’s personal assistant for years and had been told way back in 2005 the same recounts as Larry Birkhead gave on Friday. So could Mo Mo have just forgotten all of that as the months and years have gradually slid past?

Then there are all of the horrid things we are learning about the health and habits of this beautiful previous playmate of the year turned model. Did any of us really or need to know about everything she suffered from? Did any of us want to really know about her personal habits including liking to drink out of a baby bottle, keeping baby food snacks near her bed and all of the other very personal things we are now finding out? I did not and it kind of makes me physically sick, how about each of you?

This brings up an email I found I still had from 2007, it is talking to someone else, now remember I have never spoken to Howard K. Stern, Larry Birkhead, Virgie Arthur, Mo Mo and most of the people in this saga and certainly NONE of Anna Nicole’s inner circle. However let me recount in part what this email says. Remember at one time I did do some domestic violence advocacy work and I can say for certain that adult survivors of child abuse are almost impossible to reach out to or help. In this email I say “I have been able to “VERIFY”…. I have no idea who I was talking about when I said “verify”. However, the email goes on to say, “there were at least four different personalities of Anna Nicole and she referred to them as this. Vickie Lynn is the girl that came from Mexia Texas, Nickie was the stripper, Anna Nicole was the model and red carpet walker, and Robin was a little girl”. I believe in the email I am musing could one of the secrets that Stern has vowed to protect in death could be the fact that Anna Nicole suffered from multiple personalities? I don’t know but those of you who have read the last week and followed Anna Nicole Smith in life, could that be true? If it is do we have the right to know all of that now over 2 years after her death?

So in the end as it appears now that all of Anna Nicole Smith’s secrets will come out will Steve Sadow have a big enough legal bat to handle those like Mo Mo as Howard K. Stern dearly hopes so? Share with us your thoughts today before the kick off of week two of the preliminary hearing and more behind the scenes habits and illnesses of Anna Nicole Smith.

We will take up our live coverage tomorrow as court reconvenes, October 19, 2009. Stay tuned here at Rose Speaks.com as we keep you up to date as the hearing unfolds from multiple court room observers.

©Rose Turner
October 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.

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Howard K. Stern Arrogance or looking up

Do I believe that Howard K. Stern murdered Daniel Wayne Smith or Anna Nicole Smith a/k/a Vickie Lynn Marshall, NO! Have I been asked to keep an open mind as new charges come in and, in my opinion, could prove to be much worse or some potentially very harmful little white lies; yes I have and I will! Let me say doing something stupid DOES NOT add up to murder, not even in Texas.

In papers filed this past Wednesday, September 23, 2009, the State of California continues to add felony charges in the case of State of California vs. Howard K. Stern, the question is why???

Possible answer could be, he needs an image consultant and he needs one NOW! With all of the image conscious people surrounding Howard K. Stern, why has none of them either hired or loan Stern one? If anything, other then the little white lies, get Stern convicted it will be the arrogance he portrays in pictures and probably none of the actual charges. Stern needs to know this is not a red carpet event he often attended with Anna Nicole Smith, but a black carpet event that could lead right to a locked jail cell.

Talking about getting Stern an image consultant, look what one did for Lori Drew, got rid of the bleach blond hair, soften her clothes, darken her hair and gave her a soft humble look. Why has no one been signed up YET to do this for Stern?

We have 185 pages in new affidavits, although some of it comes from the fruit of the poisonous tree. That would be those pesky stolen computers that Danny Santiago has to know the truth about by now not to mention the external hard drive. All of them Ford Shelley passed around to everyone and their dog just about and then bragged on Geraldo’s show on March 31, 2007. Remember Shelley saying “Howard will be surprise how many people have copies”, well that surprise is the one that keeps on giving if there are any more hidden around anywhere. I am not sure how the state of California will get the goodies from those into evidence, and perhaps they will not, nor will they need them to sink their target Stern in the end, he seems to be helping them.

In my opinion, it will be the pharmacies that the three investigators, Danny Santiago, Jon Genens and Jennifer Doss listed in declarations, stating they were very significant in their investigations that might sink Stern and not the stolen computers and hard drives. I would think Shelley will have no credibility left and that can toss out just about everything but the actual pharmacy records and the affidavits of experts like Jill Klessig. It does not help that pharmacists remembered and accounted tales of “drugs amounted to pharmaceutical suicide”; Stern “billed as an aider and abettor”; Kapoor’s “list of patients who were addicts” and his increased of drug prescribing for Anna Nicole Smith after Kapoor bought the medical practice from Smith’s retiring previous doctor. With headlines of; “Four doctors; nine aliases, and at least 44 different medications including methadone, two types of sedatives, muscle relaxants and “hospital heroin” painkillers”, how much more can this ship hold before it becomes the Titanic for Stern?

Dr. Khristine Eroshevich with legal team Adam Braun and John J. Nazarian

As the case emerges it is shaping up that Dr. Sandeep Kapoor is a “doctor feel good”, just look at all of the ex-patients and current ones being interviewed and charts not only being read but recited in these new unsealed Search Warrants and Declarations. None of which is going to bode well for Kapoor at trial. Howard K. Stern is called a” master manipulator”, allegations of being a control freak, and now comes those little white lies piling up. Add to those facts that every picture of Stern recently makes him look arrogant. He needs to look humble and not guilty. Notice the change in Dr. Khristine Eroshevich; she is surrounded by her protectors, Adam Braun and Private Investigator John J. Nazarian. Stern needs a little less Georgia cowboy and a tad more of below the radar. However, rumors of the brilliance of Chris Smith, who is Stern’s California lawyer but seems to be getting drown out by Steve Sadow, making Chris Smith look like he is only the day pass for Steve Sadow’s court appearances as the self toting “lead attorney”. Unless that is the game plan to have Sadow as the “P. R. person”, the spin doctor some would say, and have the brilliance of Chris Smith doing the work and hopefully saving his client in spite of his client’s actions.

In spite of his, [Stern’s], actions you ask? Well with Judge Chin’s recent ruling dated September 22, 2009 showing it was Howard K. Stern, of Lin Wood fame whom Wood often quoting that “sunlight is the best disinfectant” for the truth in defamation cases, only it is Stern and not Rita Cosby that was fighting to keep part of HIS deposition sealed not to mention another eleven (11) pages of Entertainment Tonight contracts. I thought the three pages accidentally filed by McNamara on Dec. 15, 2008 was bad what could these new eleven pages in contracts, amounts paid to Stern and money wired documents hold? They are due out on or by October 12, just one day before the criminal preliminary hearing in California starts. My take on reading Judge Chin’s ruling is these are NOT about the memorial service for Anna Nicole Smith with rights sold to ET, but personal contracts with Stern himself from ET.

Here is the scorecard as I see it today. Dr. Eroshevich, in spite of Danny Santiago’s detail description of some naughty photos, is really going to turn out as her attorney Adam Braun describes her. She was a next door neighbor, turned good friend or some would say from the descriptions of those three photos “very good friend”, turned Good Samaritan doctor after Anna Nicole Smith’s son, Daniel died. Dr. Eroshevich probably could teach a class in trusting equals stupidity 101, but never intentionally harming a patient, is my guess. Let’s remember she is the one who went to Dr. Perper and GAVE him the information to unravel the cause of death of Anna Nicole, let’s hope he is there for her when she needs him. A doctor can be convicted of just stupidity and if that happens in this case I will be sad. Dr. Kapoor is going to have an uphill battle fighting the “Anna Nicole Smith’s Drug Lord” label, as well as the “doctor feel good image” which is emerging out of all of those patient records and interviews which is beginning to draw a diagram for us. Howard K. Stern, well let’s just say he needs a major image consultant, remember the courtroom is a stage, and this will be the most important stage production Stern will ever star in. Spend the money, buy an image consultant and throw in a couple of good courtroom acting classes, a refresher so to say from law school.

Now could Anna Nicole and Stern have used Dr. Khris, it could be good for her if the answer is yes, however that will look horrid for Stern. Stern needs to MOVE away from Kapoor and not be seen talking so much to Kapoor, as the news heard around the world reported on the hearing from this past Wednesday, September 23. Take a lesson from Dr. Khris move away from the other defendants and look humble, learn to say “I need to look humble, and am I looking humble” internally to himself a thousand times during any future hearings.

With all of this we then add that Larry Birkhead is once again getting face and name coverage as a witness in the upcoming criminal preliminary hearing AGAINST Stern and the doctors, now why does that NOT surprise me. Ah Birkhead, perhaps you could give Stern some lessons, not on that good ole boy image Debra Opri helped Birkhead with, but as a smart and yet so very humble attorney, which is what Stern desperately needs to be seen as right now, HUMBLE!!!.

Speaking of Birkhead could his name be floating out there as a witness for the state because of the Texas state lawsuit more of us do NOT want to be in with Stern, Birkhead and company OR could Birkhead be looking to jump a potential sinking ship and find some way to get Stern and then Ron Rale off as the Executors of Smith’s Estate. What a problem that could be, to get rid of the existing line of executors to gain more control of Smith’s potential estate for Dannielynn, that might just open the door a tad wider for Texas.

So many twists and turns, right when you think nothing else can happen then multiple things all at once hit, it seems to me that Anna Nicole Smith is more popular and still as sensational an alleged mess in death as some say she was in life. All of this could not be worse in timing for Stern if additional charges and those little white, ever growing Pinocchio nose, fibs out of New York add up to even a bigger headache for Stern on or before October 12, 2009.

Another thing I have noticed, Dr. Eroshevich, one private investigator, John J. Nazarian, one lawyer, Adam Braun; Dr. Sandeep Kapoor don’t know who his private investigator is, or if he has one, his lawyer, only one, Ellyn Gerafalo. Then there is Howard K. Stern, four lawyers and who knows how many if any private investigators, but it does not look as if they have added an image consultant to his mix yet; PLEASE get Stern an image consultant, remember the name of the game at this point is HUMBLE. One has to wonder if Chris Smith is resentful that his reputation might be tarnished in his future by being the “pass” into the courtroom for Steve Sadow, lead attorney and spin doctor from Atlanta Georgia, probably Lin Wood’s golfing buddy. Stern’s team is rounded out with Lin Wood and Ms. Barth whom are both civil litigators now turned criminal specialists. When TMZ.com is the one that gives Steve Sadow the most “press time” following a hearing, knowing how they love clowns, one must ask was Bozo booked for Wednesday!

THE LATEST FILINGS IN THE TEXAS STATE CASE OF DEFAMATION:

September 17, 2009 Teresa Stephens Writ of Mandamus filed with the First Court of Appeals in Texas in connection to her Writ of Attachment and contempt of court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2438.

September 17, 2009 Teresa Stephens Exhibits filed with the Writ of Mandamus filed with the First Court of Appeals in Texas in connection to her Writ of Attachment and contempt of court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2439.

September 23, 2009 Teresa Stephens Motion for More Time to file Response Writ of Attachment and Contempt of Court filed with the 280th District Court of Harris County in Houston Texas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2440.

September 23, 2009 Teresa Stephens Notice of Submission Docket for October 5, 2009 for her Motion for More Time to file Response Writ of Attachment and Contempt of Court filed with the 280th District Court of Harris County in Houston Texas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2441.

September 25, 2009 CBS Studios Inc. Original Answer to Plaintiff Virgie Arthur’s Fourth Amended Original Complaint, Perhaps now the “Turner committed collusion with Plaintiff” can be replaced with Turner committed collusion with Plaintiff and CBS committed collusion with Art Harris an existing defendant whom they would not touch until they needed him”.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2442.

NEW YORK FEDERAL COURT TRIAL SET TO BEGIN NOVEMBER 30, 2009

September 25, 2009 the Honorable Denny Chin’s Order and Memorandum of Law Denying Cosby’s Motion to Reconsider and sets the trial date for November 30, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2443.

Pick up the latest documents in the criminal trials as well as the civil trials we cover, opened to ALL, not just members of Rose Speaks.com.

©Rose Turner
September 25, 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.

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Ford Shelley in News Conference in the Bahamas about Horizons in January 2007

At what point did Gerald say “Tough Shi%@*!”? I remember Ford Shelley appearing on Greta Van Susteren’s On The Record on Fox numerous times beginning shortly after the break in of Horizons with copies of tapes, pictures, emails etc. I believe I remember that Ford Shelley and his wife Gina even invited Greta Van Susteren’s on a tour of their home in South Carolina proudly showing it off and which rooms Anna Nicole Smith her son Daniel Smith and Howard K. Stern had stayed in during the Christmas holidays of 2005. Didn’t Shelley and his family, Laurie Payne and didn’t even Ben Thompson appear on at least of one of Geraldo’s shows? Then there is the March 31, 2007 hour long show that towards the end Ford Shelley told Howard K. Stern to “Bring it on”, I guess Lin Wood took Shelley up on that and it would appear if Shelley’s deposition is to be believed that Shelley cried like a baby to try to keep Geraldo from showing some tape on one of the shows, would that be the Oct. 2007 show? I also remember Shelley saying smugly that Howard [K. Stern] would be surprise when he learned how many copies of the hard drives had been made and who had them. I guess that surprise is now NOT one.

So is Ford Shelley and father-in-law G. Ben Thompson throwing one of their attorneys Susan M. Brown under the bus or would that be an eighteen wheeler?

Ford Shelley refers to both Danny Santiago, his boss lady, Ford Shelley and “for him, [Shelly], Susan Brown. Frankly I don’t see anything wrong with that, would most people who could afford an attorney have one present during a recorded statement to be used by the California DOJ or the California Bureau of Narcotics. It appears from Shelley’s June 2, 2009 deposition that is what he is saying and that it was Susan Brown and not one of his criminal attorneys he asked to be present during that taped statement.

Ford Shelley goes on to say he “avoid Agent Santiago calls until his lawyer Tommy Brittain told Shelley that he “needed to meet with [Santiago]” …”My lawyer in Florida set it up.” Both lawyers were top criminal attorneys that Shelley retained right after arriving back in the U. S. from Horizons after Anna Nicole Smith’s death. Mr. Brittain if I remember correctly went with Shelley to turn in the items taken from Horizons to the Horry County Sheriff’s department on the afternoon of February 12, 2007 and it was Shelley’s attorney in Florida, Walter “Skip” Campbell, Esq., if I am not mistaken that talked Dr. Perper into holding up the autopsy results to late in March 2007 on Smith pending that Shelley wanted Dr. Perper to look at some evidence on some computer that Shelley and his Florida attorney thought would implicate Howard K. Stern and that was all in Feb. and March 2007.

What is up with this tape of Ben Thompson on Fox about being a pedophile that Neil McCabe allegedly called about and then wanted to talk to Shelley about “did I [Shelley] find the tape?” What tape is Shelley referring to in this part of his deposition? That last conversation with McCabe occurred two weeks or mid May 2009 with Shelley if Shelley’s memory was finely alert enough to remember who and when he talked to any of these people. Before that it had been about a year ago, [May 2008], when “they came to town. ..John O’Quinn, Neil McCabe, Don Clark and WV [and] “that was to see the Clown Video”. Didn’t Ford Shelley appear at the burial proceedings in February 2007 as a witness for O’Quinn and didn’t Shelley authenticate and offer into evidence a segment of that now infamous clown video?

Some of the other highlights from Ford Shelley excerpt of his deposition on June 2, 2009 that caught by eye are the following:

“I didn’t feel comfortable…. I didn’t feel comfortable just in general. I mean, I didn’t – other than that meeting they [Neil McCabe, Don Clark and WV], asked to speak. Susan Brown set it up. … [Meeting] lasted a couple of hours maybe.” … There was nothing to tell. My issue through all of this is just about ownership of the house, not — not being drug into accusing anybody of anything because I have no knowledge of that. My issue is with the house and I don’t want to be involved in the other parts of this thing….on October the 27th of 07, on Geraldo’s show, which — I said it, Anna — when Geraldo referred to Anna in her drunken stupor and those things, it upset me. And I even clarified him and said, “No, she wouldn’t have done anything to her my child ever”, okay? and I know that. …and Howard is — he’s cold hearted. …I’m mad that it’s been drawn out this… My bitch is about the money I spent for the house and I’m being drug into these other things and what I found used against others and I don’t like it. ..No, but I’m going to say this. If she thought it was in our best interest, [Ms. Brown handing over copies of tapes to be copied], or she was served, then she has my authority to release it if that was required. …”

Here are some of the highlights that caught my eye from Ford Shelley’s excerpt of his deposition on June 3, 2009:

(Q) Did you tell Larry Birkhead that you would not return the clown video to him because it showed your daughter Riley on it and so you were therefore asserting ownership of the clown video?

(A) I told Larry Birkhead that — yes, Sir, I did…Because I meant it and I said it. And I turned it over to the California Department of Justice when I was required.

(Q) Have you talked wit her [Susan M. Brown], about why she would have given Don Clark of Neil McCabe or Anna Nicole Smith’s hard drive so that they could copy those hard drives?

(A) I called her yesterday and asked her. …She said it was part of a lawsuit that was in — with Virgie Arthur. And I told her that I don’t know and I don’t remember — I haven’t signed anything agreeing to be a party to a lawsuit. And she said “Well, I have to find out,” I said, “I *wasn’t*

(Q) So this was news to you, what she told you yesterday?

(A) You floored me yesterday, sir. … Your damn right. I didn’t know it. .. I did not know it. …So I had to back up and regroup and say, you know what, he was right to feel what he feels. His feelings are right too. He’s got feelings. And how he is taking this in matters. And I just don’t look at myself anymore. I’ve got to look at how he sees it, how I see it, but what really is the truth, and the truth is in the eyes of the beholder. There’s a happy medium. He wasn’t wrong and neither was I. We both said and did things. Truce I’m ready to go on…”

Is the “he” that Ford Shelley is talking about Howard K. Stern? If it is Howard K. Stern how will this deposition compare with the taped interview with Agent Danny Santiago? If the “he” is Howard K. Stern, how could this deposition and this last statement help or hurt the California criminal charges?

I was going to try to get this all in one article but there is just way too much. I suggest you pick up all eighteen documents filed on Monday as listed below and I will have Part 2 tomorrow which will be G. Ben Thompson and his son Gaither.

Here is a list of the documents:

July 13, 2009, The Estate of Anna Nicole Smith Response to attorney Susan M. Brown’s Motion to Quash Subpoena Duces Tecum filed in the Federal Court for the Northern District of Georgia.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2199.

July 13, 2009, The Estate of Anna Nicole Smith’s Request for Oral Arguments on the Response to and request to Compel Susan M. Brown Motion to Quash Subpoena Duces Tecum.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2198.

July 13, 2009 Exhibit A – A Copy of the Original Suit in this case filed in the Federal Court in South Carolina; Court papers appointing Howard K. Stern as Executor and Special Administrator by the California Probate Court; Copy of Anna Nicole Smith’s Will; Copy of Injunction filed in the Bahamas against G. Ben Thompson and others not to interfere in the residence of Anna Nicole Smith at the house known as “Horizons”; Letter Dated March 30, 2007 from Lily Sanchez to Walter “Skip” Campbell, Esq. [Ford Shelley's criminal attorney in Florida], demanding the return of the “stolen items”; press release from Howard K. Stern from February 2007 about the items alleged stolen from the Bahamas residence known as “Horizons”; Letter Dated April 13, 2007 from Lin Wood to Walter G. “Skip” Campbell, Jr. Esq. “;. Letter Dated May 31, 2007 from Lin Wood to Thomas C. Brittain, Esq {Ford Shelley’s S. C. Criminal attorney} demanding the return of the “stolen items; Letter Dated June 21, 2007 from Lin Wood to Thomas C. Brittain, Esq. demanding the return of the “stolen items; Letter Dated July 25, 2007 from Lin Wood to Thomas C. Brittain, Esq. demanding the return of the “stolen items; Letter Dated October 30, 2007 from Lin Wood to Susan M. Brown (new lawyer for Ford Shelley in Georgia) demanding the return of the “stolen items; Letter Dated November 29, 2007 from Lin Wood to Susan M. Brown demanding the return of the “stolen items; and emails between Larry Birkhead and Ford Shelley.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2211.

July 13, 2009 Exhibit B – A Copy of the Declaration of Howard K. Stern filed in the Original Proceeding in S. C. federal Court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2200.

July 13, 2009 Exhibit C Press Release about the alleged stolen items from “Horizons” issued by Howard K. Stern with a copy showing Fox picked it up online on February 13, 2007.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2201.

July 13, 2009 Exhibit D – Copy of Subpoena served on Susan M. Brown on June 30, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2202.

July 13, 2009 Exhibit E – Copy of Subpoena served on Susan M. Brown’s Law Office Custodial of Records on June 30, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2203.

July 13, 2009 Exhibit F part 1 – Motion and Memorandum of Law in Support to not cooperate with Rita Cosby nor respond to her Subpoena on G. Ben Thompson or Ford Shelley filed August 19, 2008 in the federal court in S. C.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2212.

July 13, 2009 Exhibit F part 2 – Exhibits filed with Motion and Memorandum of Law in Support to not cooperate with Rita Cosby nor respond to her Subpoena on G. Ben Thompson or Ford Shelley filed August 19, 2008 in the federal court in S. C. which are an exact replica of Exhibit A of these filings.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2213.

July 13, 2009 Exhibit F part 3 – Exhibits filed with Motion and Memorandum of Law in Support to not cooperate with Rita Cosby nor respond to her Subpoena on G. Ben Thompson or Ford Shelley filed August 19, 2008 in the federal court in S. C. which includes a copy of the Subpoena Deuces Tecum files by Rita Cosby on Ford Shelley and G. Ben Thompson and the letters back and forth between Luke Lantta and Susan Brown in the month of August 2008.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2214.

July 13, 2008 Exhibit G – Copy of Consented Agreed Order of Injunction prohibiting the compliance to the Subpoena Duces Tecum as issued by the federal court of S. C. on January 16, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2204.

July 13, 2009 Exhibit H – Pictures of two imaged of hard drives as they were delivered to Powell Goldstein now Bryan Cave via carrier in January 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2215.

July 13, 2009 Exhibit I – Excerpts from Ford Shelley’s deposition dated June 2, 2009.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2205.

July 13, 2009 Exhibit M – Excerpts from Ford Shelley’s deposition dated June 3, 2009

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2209.

The rest of the Exhibits will be referred to in tomorrow’s article are open to ALL to download not just members of Rose Speaks.Com.

What is Ford Shelley believable rating to you after reading through all of this?

©Rose Turner
July 14, 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.

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L. Lin Wood Howard K. Stern's Civil Litigator

In a flurry of paperwork filed in two jurisdictions we have some interesting events occurring. In the Federal Court for the Southern District of Florida, Clark is agreeing to have his sealed deposition turned over to the DOJ of California and in particular agent, Danny Santiago.

In Texas filings, the state court is being asked to revoke L. Lin Wood’s Pro Hac Vice status and to bar him from the practice of law in any state court in Texas as part of sanctions being asked for against Howard K. Stern and his attorney.

Here are the latest filings:

April 2, 2009, Clark has agreed to release his sealed deposition to the California DOJ and Bureau of Narcotics specifically to Danny Santiago, now that Howard K. Stern has been arrested and charged with the conspiracy to give Anna Nicole Smith prescription medication.

March 30, 2009 Teresa Stephens Letter to the court supporting Howard K. Stern’s Motion to Recuse Judge Tony Lindsay in the case of Arthur vs. Howard K. Stern, TMZ. Larry Birkhead, Harvey Levin et. al filed in the Texas state court in Harris County.

April 1, 2009 Defendant Art Harris’ Joinder in Defendant Howard K. Stern’s Verified Motion to Recuse the Honorable Tony Lindsay supporting Howard K. Stern’s Motion to Recuse Judge Tony Lindsay in the case of Arthur vs. Howard K. Stern, TMZ. Larry Birkhead, Harvey Levin et. al filed in the Texas state court in Harris County.

April 1, 2009 Plaintiff, Arthur’s Supplemental Statement Opposing Defendant Howard K. Stern’s Verified Motion to Recuse the Honorable Tony Lindsay. Part of this is asking that L. Lin Wood Pro Hac Vice status be revoked in all Texas state court as part of sanctions being asked of the Court. In several of the filings below, that same request to revoked L. Lin Wood’s Pro Hac Vice status is asked for in sanctions.

April 1, 2009 Plaintiff Arthur’s Motion filed in state court to Cancel Deposition of McCabe or in the alternative to schedule the deposition on July 1, 2009 or July 31, 2009.

April 1, 2009 Plaintiff, Arthur’s Motion to Cancel Deposition of Nelda Turner (“Rose”) or in the alternative to schedule the deposition on June 30, 2009 in Houston, Texas.

April 1, 2009 Plaintiff Arthur’s Response to Defendant Nelda Turner’s Motion to Quash Deposition Notice and Motion for Protective Order; in this Response Arthur says in part “it is imperative that Turner’s deposition occur immediately…Besides, if Turner is at death’s door, that is all the more reason that her deposition should be videotaped, so that, in the event of her death before trial of this case, the jury can have benefit of viewing her testimony and be in a better position to assess her lack of credibility”.

After you read the latest documents come back and have a discussion with us about what might happen to L. Lin Wood in these latest filings against Howard K. Stern.

©Rose Turner
April 2, 2009
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. 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.

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

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Comments 223 Comments »

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