What started out as the Estate of Anna Nicole Smith vs. Ford Shelley, Gina Shelley, G. Ben Thompson, Gaither Thompson and Melanie Thompson, or known as the Shelley and Thompson Clan of South Carolina. The people who broke into Horizons in the Bahamas and then allegedly sold a lot of tapes and pictures to TMZ (remember the Methadone refrigerator picture), Splash (including the tasteless picture of Daniel Smith in his casket), tons of videos to Fox News including On the Record with Greta Van Susteren, Geraldo Rivera Live, and the list goes on and on. Ford was one of the first to holler, Howard K. Stern did something to Daniel and Anna Nicole Smith, and the first at the trial to say Howard never hurt Anna……… so much for credibility. The question is though where is the money that all of that sold for????

Then enters what has become the big fish, Susan M. Brown Esq., Georgia Attorney and the Susan M. Brown Law Office, did this poor woman get left holding the bag and with the O’Quinn law firm dissolved there is no one to hand it off too. Kind of like playing musical chairs and the one left standing alone when the music stops, that would be Susan M. Brown.

Brown has tap danced for two years with the same song just different steps until she finally had a Northern District of Georgia Federal Court say she had waived the attorney client privilege under the crime fraud act…… NOT good for a lawyer’s resume, not to mention the State Bar of Georgia.

Any Objections to Susan M. Brown’s current lawyers, Joseph C. Wilson IV. and Carl E. Pierce II of Pierce, Herns, Sloan & McLeod LLC, has filed to withdraw as counsel for “the Brown Defendants”, stating it would not cause any prejudice because “the discovery concerning the Brown Defendants has not begun”. Do what??? The court ruled a long time ago that because Brown has been present for all of those depositions there would not be that much extra to tidy up the suit and have it ready for trial.

However the big WHAM in the March 2, 2011 filings is asking and filing the Motion to Withdraw with the grounds set out to substantiate the withdrawing should be in a Memorandum in Support filed UNDER SEAL “Counsel is not aware of any other means to communicate the grounds for withdrawal that would protect the confidentiality of the attorney-client relationship and avoid undue prejudice to the Brown Defendants.”

However the case they quote as outweighing the right of the public right to know (I. E. the News media) on its own raises red flags of the potential seriousness of these actions. In the Knight case it states; “we explained that, while a district court has a supervisory power over its own records and may, in its discretion, seal documents if the public’s right of access is outweighed by competing interests, the presumption in such cases favors public access. The public’s right of access to judicial records and documents may be abrogated ONLY IN UNUSUAL CIRCUMSTANCES. Accordingly before a district court may seal any court documents, we held that it must 1) provide public notice of the request to seal and allow interested parties a reasonable opportunity to object. (That date was March 21, 2011 per the South Carolina Federal Court’s Docket). 2) consider less drastic alternatives to sealing the documents, and 3) provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting the alternatives.”

The Motion ends that “Counsel will submit the Memorandum in Support of the Motion to Withdraw to the Court for the Court’s in camera review and shall not file same until further notice from the Court.

Well folks I don’t think there will be any jury selection starting tomorrow, and as of midnight there has been no objections or request for a hearing on the filing being done under seal…

So what do you think Susan M. Brown needs to be protective from “avoid undue prejudice”?

As soon as we have the Court’s decision, and new dates for jury selection will post it, it is noticeable that no lawyer has filed to just transfer the case to them, as new attorney of record, things that make you go Mmmmmmmmmmmm.

HERE ARE THE THREE LATEST FILINGS:

March 2, 2011 Susan M Brown\'s Answer First Amended Complaint (196)
March 2 , 2011 Motion by Counsel for Susand M. Brown and The Brown Law Firm to Wtithdraw (305)
March 2, 2100 Counsel for Susan M Brwon Motion to File Under Seal Memorandum Reason Withdraw as Counsel (298)

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©Rose Turner
March 22, 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: allegedly sold a lot of tapes and pictures, allow interested parties a reasonable opportunity to object, Anna Nicole Smith, Anna Nicole Smith Estate, attorney-client privilege, avoid undue prejudice, avoid undue prejudice to the Brown Defendants, before a district court may seal any court documents, Beverly Hills, Carl E. Pierce II, Carl E. Pierce II Esq., Celebrity Trials, confidentiality of the attorney-client relationship, consider less drastic alternatives to sealing the documents, Court's in camera review, crime fraud act, Daniel Smith, Daniel Smith in his casket, Dannielynn, Don Clark, Don Clark ex-FBI, favors public access, filed under seal, Ford Shelley, G Ben Thompson, Gaither Thompson and Melanie Thompson, Georgia Attorney, Geralda Rivera Live, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera Live, Gina Shelley, Greta Van Sustern Fox News, High Profile Trials, Hollywood, Horizons in the Bahamas, Howard K Stern, John O'Quinn, Joseph C Wilson IV Esq., Joseph C. Wilson IV, L. Lin Wood, Law Offices of Susan M. Brown, Lin Wood, Luke Lantta, March 2 2011 filings, March 21 2011, may be abrogated, Memorandum in Support, Memorandum in Support filed under seal, Methadone refrigerator picture, Methodone refrigerator picture, Motion to Withdraw, Motion to Withdraw as Counsel, Neil McCabe, Northern District of Georgia Federal Court, On The Record with Greta Van Susteren, O’Quinn law firm dissolved, Pierce Herns Sloan & McLeod LLC, playing musical chairs, potential seriousness of these actions, presumption in such cases favors public access, protect the confidentiality of the attorney-client relationship, provide factual findings, provide public notice of the request to seal, provide specific reasons, provide specific reasons and factual findings supporting its decision to seal the documents and for rejecting the alternatives, public's right of access, public's right of access is outweighed by competing interests, public's right of access may be abrogated only in unusual circumstances, public's right of access to judicial documents, public's right of access to judicial records, public's right of access to judicial records and documents, raises red flag, Shelley and Thompson Clan of South Carolina, South Carolina Federal Court's Docket, Splash, State Bar of Georgia, supporting its decision to seal the documents and for rejecting the alternatives, Susan M. Brown, Susan M. Brown Esq., The O'Quinn Law Firm, TMZ.com, undue prefudice, Virgie Arthur, waived the attorney client privilege, waived the attorney client privilege under the crime fraud act, withdraw as counsel for "the Brown Defendants

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

I am not putting up Art Harris Filing the First Court of Appeals Decision to the Supreme Court of Texas as it is the same as what was sent to Judge Weiman of the 80th Harris County District Court.

TERESA STEPHENS FILING IN TARRANT COUNTY FEDERAL COURT

March 1, 2010 Stephens Motion for Relief from Judgment and reopen case or file an Appeal.

March 1, 2010 Stephens Brief in Support of Relief from Judgment and reopen case or file an Appeal.

March 22, 2010 CNN and Time Warner Response to Stephens Motion from Relief from Judgment and reopen case or file an Appeal.

April 8, 2010 Order Denying Motion for Relief and Appointment of counsel for Stephens.

TERESA STEPHENS FILING IN TARRANT COUNTY DISTRICT COURT

April 13, 2010 Stephens Motion to Vacate Order of Dismissal.

April 16, 2010 O’Dell’s Response to Stephens Motion for Continuance.

April 16, 2010 O’Dell’s Motion Compel and Sanctions for Stephens and Glenn.

April 19, 2010 Vice Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 1 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 2 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 3 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 4 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 5 Response to Stephens Motion to Vacate Dismissal.

April 19, 2010 Vice Exhibit 6 Response to Stephens Motion to Vacate Dismissal.

NEWEST FILINGS HARRIS COUNTY VIRGIE ARTHUR VS. HOWARD K. STERN

April 28, 2010 Art Harris Response to Virgie Arthur Motion to Compel Discovery.

April 28, 2010 Art Harris Exhibit C Response to Virgie Arthur Motion to Compel Discovery.

April 28, 2010 Art Harris Exhibit D Response to Virgie Arthur Motion to Compel Discovery.

April 28, 2010 Virgie Arthur Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Declaration Neil McCabe Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Virgie Arthur Affidavit Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit B Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit C Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit D Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit E Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit F Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit G Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit H Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit I Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit J Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit K Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit L Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit M Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit N Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit O Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit P Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit Q Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit R Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit S Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit T Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit U Response to TMZ – Harvey Levin Summary Judgment.

April 28, 2010 Arthur Exhibit V Response to TMZ – Harvey Levin Summary Judgment.

Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, Carolyn O'Dell, Charles "Chip" Babcock, Dannielynn, Don Clark, Don Clark ex-FBI, Emmet Glenn, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur

After the hearing on March 11, 2010 before Judge Bonnie Sudderth of the 352nd District Court in Tarrant county, an Order to Dismiss was issued by the Court yesterday. I asked Wilma Vicedomine for a personal one on one interview and she granted that.

The one rule was that we would not talk about the Harris County case other than to say that Don Clark and Ms. Vicedomine would continue as independent consultants on certain cases as needed by the O’Quinn Law Firm during what appears to be a rather large transformation of the direction of the firm. So if you are looking for any “inside” information or my opinion of the Harris County case this is not the article for you. I remain with ALL counsel and/or parties a “Respectful Adversary”.

Ms. Vicedomine made two statements up front at the beginning of our interview. The first she was thrilled and felt great about her attorney Jonathon Stoger taking the lead in Court today; she felt “Great” at the outcome today and said she thinks Mr. Stoger is brilliant.

Ms. Vicedomine then surprised me by saying on the heels of that statement that she feels Teresa Stephens continues to have a valid case against some of the bloggers from TMZ going back to 2007. Vicedomine felt that once it began to appear that Stephens added people she was angry with, and had no valid complaint against them, was the undoing ultimately of Stephens’ case.

I was amazed that she said both in the same sentence.

We then returned to a conversation she and I had shortly after I was served with Stephens’ suit at the end of October 2009. I found myself added because of anger and not something I had done. Stephens admitted that even in emails saying, I had never written anything bad about her nor had I ever said anything to her that was bad, but I was added “because of what others were telling her I said.” I felt devastated about that and Stephens and I had some frank phone conversations and email exchanges concerning that.

Vicedomine could tell at the beginning of November 2009 my voice sounded tired and she expressed sincere concern that was shocking in itself when you hear some of the mantra of the “I am not sick” or the opposite why didn’t I do the world a favor and just “check it all in”. Vicedomine began to check up on me about every ten days and as I became weaker I heard sincere concern in her voice. She tried to kid with me about the “respectful adversary rules” we had established and she noticed I was having trouble following the conversation or staying focus. I then began to not be able to eat a lot of things I had before and the final blow was that coffee even made me sick.

Ken and I made a conscious decision after talking that he would take over more of the interaction on the blog; that we would ask guest writers like John J. Nazarian and Daniel DiCriscio to cover for me with their great articles. Ken’s family knew and Roxanne and Heath knew and tried to take up some of the slack and I continue a downhill spiral. I just could see no way that any of this would ever end, as one suit slowed down the other one blazed up. The paperwork was overwhelming and frankly life was just not that satisfactory. I had to spend more time too sick to write articles and had to spend more and more time in bed, and my two beautiful yellow labs sensed something was going on and both would lie next to me for hours.

Yet Wilma Vicedomine continued to call to check on me… WHY??? There was nothing to get from me, so why did this “evil enemy” continue to call and seem concerned. At one time she said, “Rose I am not a monster, in times like this all of us must be humanitarians and that applies to me the big bad Wilma Vice.” I thought about it and had my doubts, and yet she continued to call. As my health went down she would encourage me to hold on and to say there would be a light at the end of the tunnel and I thought “yea sure”.

When O’Dell filed her Counter Complaint and began to serve people with subpoenas for video depositions it appeared to me that the tunnel became darker. Then came the day the Hang Out forum posts were sent to me by a “cyber angel” with the information of how to contact the Irish Server and get that information for Court if needed. Again an adversary but someone on the inside that just did not think this should be done to do a video deposition of someone sick or a private person as O’Dell began to look for others to take depositions. This adversary wanted nothing except to level the “playing field”, nothing more. By the way that new server that the Hang Out is once again trying to cloak itself in secrecy someone you “trust” is still among you and contacted me that although you think you are on a safe server in Italy. that server had a Designated Agent in the U. S. to serve for records of the newest “plans” and the ongoing mantra of getting other bloggers. I will never give up the name of this person because they asked me not to, they did not want to get dragged into this mess but they just thought it should be fair and that I should know they wanted a video for You Tube. You know who you are and I owe you, I will never forget your courage to send me that information and risk being ostracized by your “fellow secret bloggers”.

However back to Vicedomine when she next called to check on me she learned of those subpoenas and that they were asking for it to be on video, she sounded sincerely angry and told me to hold on and let her do some checking around. She kept calling me to check on my health, how strange is that??? Vicedomine sounded determined and sure enough she kept her promise waived being served with the papers for the lawsuit, and entered the case. She knew there would be costs to her in preparation and charges for an attorney. That did truly amazed me and then one night she called and said “Rose hang on, I am going to have my lawyer throw out both Stephens and O’Dell’s lawsuits, hang on I promise you I am not lying and I am going to do this”.

Today her lawyer took the lead in Court and she kept her promise, the cases were not severed, or just the Harris County people dismissed, or Stephens and O’Dell could battle it out. Vicedomine wanted to stop O’Dell in her tracks, all because someone sent me that “Hangout forum comments”. When I asked her why, her simple answerer was “it is just the right thing to do”. I got the impression it was a tad personal not with Stephens for Vicedomine but with O’Dell, go figure. Vicedomine says just as she is paying all of her legal fees, O’Dell has to pay all of her own costs including all three lawyers. Vicedomine is still checking to see if she can retrieve some of her legals costs, even if O’Dell is the only one with money to go after.

At the end of our talk today on the phone when I asked her for this interview, she wanted two things stressed, she did this because “it was the right thing to do” and she still maintains that Stephens does have a valid case, it just got out of hand and so it was stopped.

Was Vicedomine lying to me these months? Did she come to the aide of other bloggers that were being hunted down and subpoenaed for the fun of it? Did she do it because of the continued hunt for Lucky as the rumors and the Hang Out forum stated?

Those answers will remain a doubt in many minds, but what if for a few months personal battles were put aside and Vicedomine did this for my health because “it was the right thing to do”.

I am going to enjoy spring and contemplate that even behind a computer monitor; those we think are pure evil do surprise us. Now Wilma Vicedomine and I will return to being “Respectful Adversaries” but the kindness shown to me as my health failed because it was simply “The right thing to do” will stay with me for a very long time. Neither of us has changed our positions in the Harris County suit but she showed a great kindness and in my book she is a true humanitarian especially on the Tarrant County case.

UPDATE OF THE MEANING OF THE TERM IN THE COURT ORDER OF “All costs related to the claims are taxed against Plaintiff.” THAT IS NO RELATING TO ATTORNEYS FEES IT IS THE COURT COSTS (I. E. filing fees, service, etc.) THAT THE COURT INCURRED IT IS A COMMON TERM AND HAS LITTLE MEANING. SO EVERYONE IS PAYING THEIR OWN ATTORNEYS FEES, INCLUDING O’DELL FOR HER THREE LAWYERS

At Rose Speaks we try to present all sides as long as it is done with manners and using that gray matter between your ears, but this to me needed to be said this night that for the first time I enjoyed two cups of coffee.

By the way Ms. Contrary is NOT in the know as she wants all to think. If she says I am not sick or that I am not on dial-up perhaps she should contact Wilma, I think she will vouch for me. If you doubt this was a win for Wilma and a huge loss for Einy, again ask Wilma to spell that out for you very carefully and very slowly.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
March 11, 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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Tags: Counter Complaint, cyber angel, Daniel DiCriscio, Don Clark, Don Clark ex-FBI, fellow secret bloggers, Heath, Heath Rose Speaks admin, Howard K Stern, Ireland, Irish, Italy, John J. Nazarian, John J. Nazarian P. I., Jonathon Stoger, Jonathon Stoger Esq., Ken and Rose Turner, Ms. Contrary, Neil McCabe, Respectful Adversaries, Rose Turner, Roxanne, Roxanne Rose Speaks admin, secret bloggers, Teresa Stephens, the Hang Out, The O'Quinn Law Firm, video depositions

I was just notified that Stephens vs. Stephens, Neil McCabe, Don Clark, Wilma Vicedomine et. al and O’Dell Cross Complaint was DISMISSED with Prejudice today in Tarrant County. No immediate information as to a possible Appeal or being able to refile on the parties that were never served in this suit is available yet. As soon as I receive a copy of the Order I will post it.

As soon as I get more information as in a summary of the hearing or any comments on the record I will be updating the article.

Bloggers I will also be giving credit where credit is due on who was able to accomplish this by entering the case. We will also reveal who was the lead lawyer in today’s hearing. We report facts even when we owe a thank you to someone we would never think we would.

Stay tuned to Rose Speaks.com for the latest Tarrant County case information.

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
March 11, 2010
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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.

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Tags: 352nd District Court Tarrant County, Denise Mitchell Esq., Don Clark, Don Clark ex-FBI, High Profile Trials, Honorable Bonnie Sudderth, JONATHAN STOGER Esq., Joseph Watts Esq., Judge Bonnie Sudderth, Neil McCabe, Rose Turner, Stephens vs. Stephens, Tarrant County District Court, Teresa Stephens, The O'Quinn Law Firm

In a rare showing of being able to agree on something the defendants in the Tarrant County 352nd District Court have joined together to ask the Court to dismiss the Civil suit of Teresa Stephens vs. Stephens, McCabe, Clark et al.

All of the defendants except for Stephens ex-landlord have put their differences a side to present this request to the Court at a hearing on March 11, 2010 at 1:30 PM before Judge Suddeth Stephens’ ex-landord has not been participating in any of the hearings to date. The Court had previous issued an Order to hear Neil McCabe and Don Clark’s Special Exception on that date as well as Vicedomine’s Motion to Dismiss or transfer to Harris County.

The Court had issued an Oder and set the hearing on Vicedomine’ Motion for March 11 on February 25, 2010, on March 1, 2010, attorney Denise Mitchell for Neil McCabe and Don Clark filed a Joiner with Johnathan Stoger attorney, for Vicedomine, to ask the Court to set this for a hearing on the same date as the Special Exceptions had already been set by the Court.

Expect more paperwork to be filed before the hearing on March 11, 2010.

Civil suits once again prove that litigants can indeed make for strange bedfellows!

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
March 5, 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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Tags: Denise Mitchell Esq., Don Clark, Don Clark ex-FBI, JONATHAN S. STOGER, JONATHAN STOGER Esq., Neil McCabe, Rose Turner, Teresa Stephens

In the Order issued last Friday, February 26, 2010 which granted CBS Motion for Final Summary Judgment, Judge Larry Weiman of the 80th District Court for Harris County did not state a reason, which is typical in District Courts in Texas.

It is interesting to note that the Order signed on Friday, February 26 is the PROPOSED ORDER that CBS filed on October 1, 2009 at the same time the Motion for Final Summary Judgment was presented to the Court. It appears this settles also the claim that Howard K. Stern and/or Art Harris “conspired” with CBS on any of the three interviews. The two quoted in Federal Court and this one in State Court.

Interlocutory Orders are rarely given by Civil District Courts in Texas, except perhaps in Family Court in regards to temporary Orders of child support, visitation etc. In Civil Courts in Texas an Interlocutory Summary Judgment would have allowed Virgie Arthur, in this case, if she uncovered evidence during the pending of the rest of this suit to file a Motion for the Court to Reconsider it’s decision on the CBS Summary Judgment and/or Order.

Interlocutory in Texas Statute is most often used for Appeals when a Motion for Summary Judgment is Denied; which then allows the proceedings to be stayed while the Interlocutory (fast tracked) Appeal is being heard by the Appellate Court on a much shorter time frame then normal Appeals for the whole Case. It is my understanding from someone observing the hearing last Friday, this is what Mr. Charles “Chip” Babcock argued to the Court. That it would in fact be his right for CBS Studios Inc. if the Court denied his Motion for Final Summary Judgment to immediately file an Interlocutory Appeal. If you want some case laws regarding this I will be glad to provide those I researched.

The setback in this “Final Summary Judgment” for Neil McCabe on behalf of his client is that Virgie Arthur cannot file an Interlocutory Appeal. CBS has been totally dismissed from this case unless it is called back in as a third person non-party witness. This Final Order on the Motion for Summary Judgment means CBS Studios Inc. is gone from this suit until such time that this case is totally over and some party files a “General Appeal” on the whole case. This is not good news for Arthur since CBS was the ones with “deep pockets” and the one that she could recover the most from in a jury trial.

In other news the 352nd District Court for Tarrant County has granting Wilma Vicedomine’s request for a hearing on her Special Exceptions and Motion to Dismiss under Tex. Civ. Prac. & Rem. Code § 13.001 of Teresa Stephens suit in its entirety, that hearing is set for March 11, 2010 at 1:30 P. M. at the same time Judge Suddeth hears Neil McCabe’s and Don Clark’s Motion on Special Exceptions.

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

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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Tags: 352nd Disctrict Court in Tarrant County, 80th Disctrict Court Harris County, Anna Nicole Smith, Art Harris, Bonnie Stern, CBS-ET, Celebrity Trials, Charles "Chip" Babcock, Dannielynn, Don Clark, Don Clark ex-FBI, Harvey Levin, High Profile Trials, Honorable Larry Weiman, Howard K Stern, Judge Larry Weiman, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Teresa Stephens, The O'Quinn Law Firm, TMZ.com, Virgie Arthur