Final Opinion on 2nd Appellate Court of California vs. Dr. Khristine Eroshevich and Howard K. Stern. I have not read it yet so will give my opinion after I read it and after I ask for on record statements.

March 28, 2018 Final Opinion from 2nd Appellate Court on California vs Stern (80)

For reference sake this article we had in October 2012 states most of the same things. That article was titled; Howard K Stern and Dr. Khristine Erosovich has Major loss as California Appeals Court Reverses and Remands back to Judge Robert Perry”. This latest opinion has added two more pages but so far as I read it is just the same as last year.

After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!

Am I the only one who thinks California should just let this go and not keep spending tax payers money of a selected case to prosecute?

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©Rose Turner
March 28, 2013
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.

Tags: Adam Braun Esq., Anna Nicole Smith, Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Daniel Smith, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., J. Christopher "Chris" Smith Esq., J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, L. Lin Wood, Lin Wood, Los Angeles, Los Angeles District Attorney, misdemeanor with probation, Neil McCabe, Nicole White, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Rene Rose Esq., Renee Rose, Ron Rale Esq., Rose Speaks Face Book, Rose Speaks Twitter, Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

California Appeals Court today, October 18, 2012, Reveresed Judge Perry’s decision to dismiss charges against Howard K. Stern and ruled that the felony conviction MUST be reinstated on Dr. Khristine Erosovich.

Here is the main description and the download has now been FIXED!

Oct 18 2012 California Appeals Court Reverses Remands with Direction the Trial court Dismissing and/or lowering the Charges on Howard K. Stern and Dr. Khristine Eroshevich

10-18-2012-Appeals Court Reverses Decision and Remands back to Judge Perry (209)

The clear thing that sticks out if the first paragraph:

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern?s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders.

Next the Court gives some directions to Judge Perry Court of alternative positions to take to still dismiss the charges on Howard K. Stern:

We agree with the prosecution that Mr. Stern?s new trial motion could not be granted nor the charges dismissed on the ground the evidence was insufficient as a matter of law. But, as we will explain, what can occur to Mr. Stern once the remittitur issues is limited by the double jeopardy provisions of our Constitutions.

Here, we conclude the trial court incorrectly granted Mr. Stern?s new trial motion; the evidence was not insufficient as a matter of law. As will become clear, the former jeopardy effect of the erroneous order granting Mr. Stern?s new trial motion is the same as an acquittal. Similarly, we conclude the trial court dismissed the charges against both defendants based on an erroneous finding the evidence was insufficient as a matter of law. Thus, we reverse the orders granting Mr. Stern?s new trial motion and dismissing the case pursuant to section 1385 as to both defendants. Once the remittitur issues, the trial court may take up the remaining new trial motion issues, dismiss on other grounds pursuant to section 1385, or even impose sentence. But, there is one thing the trial court may not do and that is to order Mr. Stern to be retried.

Some background on the proceedings are given by the Court of Appeals:

Dr. Kapoor was acquitted of all charges. As to count 3, the jury found defendants conspired between June 5, 2004, and September 10, 2006. As to count 1, the jurors found defendants conspired between September 11, 2006, and February 8, 2007. The jury found defendants conspired to commit two crimes. The first target offense was to obtain controlled substances by fraud, deceit or misrepresentation or concealment of a material fact. (Health & Saf. Code, § 11173, subd. (a)2.) The second target offense was to unlawfully give false names or addresses in prescriptions for controlled substances in violation of Health and Safety Code section 11174.3

Dr. Eroshevich was also convicted of two other charges. She was convicted in count 7 of obtaining controlled substances by fraud or misrepresentation in violation of Health and Safety Code section 11173, subdivision (a). Further, she was convicted as charged in count 9 of giving a false name or address in a controlled substance prescription in violation of Health and Safety Code section 11174.

Next we have a summary of the Trial Court’s Ruling of Judge Robert L. Perry:

Howard K. Stern

Preliminarily, the trial court found Ms. Marshall suffered from chronic pain syndrome; further, her “drug-seeking behavior” was primarily due to inadequate control of pain rather than addiction. The trial court was further persuaded the overriding purpose in procuring controlled substances in names other than Ms. Marshall?s true name was to protect her privacy. With respect to prescribing medications in a false name, the trial court concluded the law was vague as to what constitutes a false name. The trial court found no basis for charging a conspiracy ending on September 10 and a new one beginning the very next day on September 11, 2006. More significantly, the trial court found, “[T]here is [no] evidence in the record at all that Howard Stern lacked a good faith belief that the practice of obtaining prescription medicines for [Ms. Marshall] in names other than [her true name] could be against the law.” The trial court found Mr. Stern acted to protect Ms. Marshall?s privacy, as had most of the doctors and hospitals that had dealt with her. The trial court concluded: “When I consider all the evidence, and even viewing it in a light most favorable to upholding the verdict, I find it is clearly insufficient. Under these circumstances, I find no reasonable trier of fact could find that Howard Stern had a specific intent to violate either of these target crimes . . . and I do grant a motion for new trial to Mr. Stern on these [conspiracy] counts . . . .” Immediately after granting Mr. Stern?s new trial motion, the trial court stated: “[B]ut I?m going further. [¶] I find the evidence at trial was so lacking and insufficient to show a specific intent to join a conspiracy on the part of Howard Stern to commit these target crimes, that I do believe the interest of justice supports the dismissal of these counts as to Mr. Stern, and I so order. And this, of course, is under Penal Code section 1385 . . . .”

The minute order prepared for Mr. Stern sets forth the trial court?s reasons for dismissing counts 1 and 3 as required by section 1385: “On the court?s motion, counts 1 and 3 are dismissed due to insufficiency of the evidence. [¶] The court further clarifies that it is dismissing counts 1 and 3 in their entirety, which includes all hung target offenses, due to insufficiency of the evidence as a matter of law pursuant to Penal Code section 1385.”

Dr. Khristine Eroshevich

Having dismissed the conspiracy counts as to Mr. Stern, the trial court turned to Dr. Eroshevich?s motion. The trial court concluded: “I don?t think there was an agreement between the two of them to violate the law, and . . . I don?t think the conspiracy counts can stand [as to Dr. Eroshevich], and so I dismiss those as well . . . .” The clerk?s minutes for Dr. Eroshevich contain no statement of reasons for the dismissal. The minutes state concerning Dr. Eroshevich: “The cause is argued and the court grants defense motion to dismiss counts 1 and 3 pursuant to . . . section 1385 due to insufficiency of the evidence.” No other language pertinent to the dismissal of counts 1 and 3 as to Dr. Eroshevich is contained in the clerk?s minutes. We will later discuss the effect of the absence of any language in the trial court?s oral order or the clerk?s minutes concerning: the substantial evidence standard of review; having viewed the evidence in a light most favorable to the verdicts; and that no reasonable trier of fact could find guilt beyond a reasonable doubt. (People v. Hatch, supra, 22 Cal.4th at p. 273; People v. Salgado, supra, 88 Cal.App.4th at p. 10.)

However, the trial court denied Dr. Eroshevich?s motion for a new trial or to dismiss as to counts 7 and 9: “I choose not to disturb the jury?s verdict regarding [Dr.] Eroshevich on counts 7 and 9. There is no doubt in the court?s mind that based on the evidence [Dr.] Eroshevich acted out of a heart-felt desire to help her friend. Obtaining a prescription in the name of another person, Charlene Underwood, without [Ms.] Underwood?s knowledge or consent was clearly wrong and constituted a violation of the law. As a doctor[,] [Dr.] Eroshevich well knew she should not have done this and it is clear to the court that she acted with the required intent to defraud.” However, the trial court “vacated” the count 9 conviction on grounds it was not appropriate to punish Dr. Eroshevich twice for the same act. The trial court then reduced count 7 to a misdemeanor. The prosecution has not appealed the trial court?s orders with respect to counts 7 or 9.

However, DON’T get to excited here, the Appeals Court gave Judge Perry several options to dismiss the charges or other options but not that of a NEW TRIAL. This is becoming the cases that never ends!

After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!

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©Rose Turner
October 18, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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

Tags: Adam Braun Esq., Anna Nicole Smith, Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Daniel Smith, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., J. Christopher "Chris" Smith Esq., J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, L. Lin Wood, Lin Wood, Los Angeles, Los Angeles District Attorney, misdemeanor with probation, Neil McCabe, Nicole White, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Rene Rose Esq., Renee Rose, Ron Rale Esq., Rose Speaks Face Book, Rose Speaks Twitter, Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

As I have read through the 39 page transcript of the criminal hearing from January 6, 2011, I notice several things I will comment on and ask you what are your thoughts to Judge Perry in this hearing? I will then close this chapter of the saga with some personal thoughts.

On the hearing on January 6, 2011 the appearances in front of Judge Robert L. Perry were:

THE STATE OF California. Renee Rose, Sean Carney, & David Barkhurst Deputy District Attorneys for Los Angeles County..

Bradley Brunon attorney at law and his client defendant Dr. Khristine Eroshevich

Steven Sadow & Christopher Smith with their client defendant Howard K. Stern.

Judge Robert Perry first outlined the charges brought by the prosecution, summarized those charges as follows: “The District Attorney brought an extremely complex criminal prosecution in this matter involving three conspiracy counts and eight substantive counts against three Defendants which allege criminal acts over a period of approximately three years. The theory of the case was that the defendants wrongfully obtained excessive quantities of prescription drugs for Anna Nicole Smith, who was alleged to be addicted to said drugs. The charges involved allegations of furnishing statutes and violations of obtaining prescriptions by fraud or in false names. The three defendants collectively faced a potential of 23 guilty verdicts. The jury returned six guilty verdicts, four against Eroshevich, two against Howard stern. Dr. Kapoor, the lead defendant, was acquitted on all counts.

In the next part Judge Robert Perry gives us a rundown of the charges the Jury either found not guilty or found Howard K. Stern and Dr. Eroshevich on with first a statement that in the Court’s opinion “It is the court’s view that the verdict was a stunning repudiation of the prosecution’s case.”

Mr. Stern was acquitted on all eight substantive counts. Stern and Eroshevich were convicted of two conspiracies, count 1, a conspiracy alleged to have commenced on September 11th of 2006, that continued until Ms. Smith’s death on — in February of 2007. Count 3, which was alleged to have commenced on June 5th of 2004, which continued until September 10th of 2006, the day before the count conspiracy was alleged to have commenced. Regarding the conspiracies, the jury found that Stern and Eroshevich CONSPIRED to commit two target crimes: One, to obtain a controlled substance by fraud in VIOLATION of Health and Safety Code section 11173(a), and a second target crime to unlawfully give a false name in a prescription for a controlled substance in violation of Health and Safety Code section 11174. Eroshevich was also convicted of two substantive Counts, Counts 7 and 9. Count 7 pertained to the charge of obtaining a controlled substance by fraud in violation of 11173(a) of the Health and Safety Code. Count 9 charged a violation of giving a false name in a prescription for a controlled substance in violation of 15 11174. Both counts involved a single prescription for Hydrocodone, otherwise known as vicodin, written on November 24th, 2006, by Eroshevich in the name Charlene Underwood.

Judge Perry then gives us the breakdown on the charges the jury deadlocked on and what the vote was by the jury:

“The jury also hung in a split of 6 to 6 for Eroshevich on counts 5 and involving the same event, the prescription for Charlene Underwood. Count 5 charged a violation of unlawfully prescribing a controlled substance, in violation of Health and Safety Code section 11153(a). Count 11 charged a crime of unlawfully prescribing a controlled substance to an addict in VIOLATION of 11156. In addition, the jury deadlocked on certain target crimes alleged in the conspiracies in Counts 1 and 3. The jury hung 5 to 7, 5 would be in favor of guilt, in favor of acquittal, for the target crime of unlawfully prescribing, administering, or dispensing a controlled substance to an addict. As to Count 1, that would be a violation of Health and Safety Code Section 11156, the jury hung 10 to 2 in favor of conviction for the target crimes on Count 1 of unlawfully prescribing a controlled substance in violation of Health and Safety Code section 11153, and excessively prescribing or administering drugs in violation of business and profession code section 725(a). As to the Count 3 conspiracy, the jury found not true that the Defendants conspired to prescribe drugs to an addict in violation of Health and Safety Code section 11156. They — the jury found, or held rather – rather hung 7 to 5 for the unlawful prescribing of a controlled substance, 11153(a), and unlawfully prescribing a controlled substance to a person not under a physician’s treatment for a pathology other than addiction to a controlled substance, a violation of Health and Safety Code Section 11154(A) and (B). The jury also found — or hung 5 to 7 in favor of acquittal for the target crime on Count 3 of excessively prescribing or administering drugs in violation of business and profession code section 24 725(a).“

“The court must view the evidence in a light most favorable to the prosecution. I have concerns about the conspiracy counts, in particular as to Mr. Stern and whether there is specific intent in the evidence to show that he had a specific intent to violate the two target crimes of which he stands convicted in both counts.” At this part of the hearing Judge Perry asked Steve Sadow to address those issues and what the evidence presented at trial.

I like the part that Sadow thanked the AP reporter and quoting from an article that appeared on January 6, 2011 saying: “I have to give due credit to the esteemed and honorable reporter Ms. Deutch for her article today. I don’t know if the Court saw it. But she found a quote that your Honor — a statement your Honor had made — and thank you, Linda. And that’s Howard K. Stern. What the evidence in this case showed is that he and Dr. Eroshevich had an agreement that prescriptions for Anna Nicole would be written in Howard’s name, and that’s all the evidence shows. There is no evidence that Howard knew of any other name, not Ben Stern, not Charlene Underwood, not any other name. He didn’t pick them up, he didn’t have anything to do with obtaining them. There was never a witness who connected any of those names to him or brought to South — to the Keys. That’s what we have.”

Steve Sadow went on to say; “We all had either the fortune or misfortune to sit through two and a half months of facts. The Court instructed the jury, and did so because all of the parties agreed, that if a defendant had a good faith belief that his or her actions were legal, he or she is not guilty of conspiracy. And I really think that’s the crux of where we are because if you look at the evidence in any light, the evidence does not show that Howard K. Stern specifically intended to break the law insofar as these two target offenses, and that he, in fact, had a good faith belief that his actions were legal.”

One of the strongest arguments I think Sadow brought to the Court’s attention is that Howard K. Stern was honest about using his name to Danny Santiago stating: “And based on the evidence here, there is not a single indication that Mr. Stern believed it was illegal to do so and didn’t have a good faith belief that it was okay. They’ve been doing it for Anna since 2000 in Michelle Chase, in Jane brown. They went on and continued to do it in the Bahamas the same way. Howard knew it was going to Anna. Dr. Eroshevich knew it was going to Anna. There was never any question about that. When agent Santiago goes to see Mr. Stern on October the 12th, in a non-custodial setting, Mr. Stern says, Absolutely, it was in my name. It was written for privacy. There wasn’t any question about it. Now, that’s not evidence of a guilty intent. That’s evidence of someone who believes that what he did was legal.”

Judge Perry brought up the question about that pesky black bag stating; “Well, the argument was made that because Mr. Stern had a bag of prescription medication that ended up in the hotel room, that that was some indication of knowledge.” To which Mr. Sadow countered with; “All his name. All Howard K. Stern’s name. Not one other name was in that bag, and that was the beginning of the trial. So we — you know, we have always acknowledged, always admitted, Howard has always done so, he knew they were being written in his name. The question is, did he specifically intend to break the law? Did he know it was illegal to do so? And I’m suggesting that the evidence is insufficient as a matter of law to have convicted on that.”

Judge Perry then turned to Dr. Eroshevich’s attorney Bradley Brunon and asked: “If the evidence fails to support Stern’s involvement in a conspiracy, is it your view that the conspiracy charge against Dr. Eroshevich would fall?” To which Brunon responded in part that; “Yes, your Honor. There would have to be mutuality of intent in the conspiracy and it takes at least two people. And if one of them isn’t criminally culpable, then the other one, I would say, couldn’t be just as a matter of law.”

At this point Mr. Brunon brought up “the elephant in the room” throughout the trial saying: “There’s the additional problem that the Court very clearly, very forcefully and very early in the trial said, we’re not going to litigate Ms. Smith’s Death. And yet, it became kind of a subtle thing, a light motif. We started off very early on with the toxicologist talking about the drugs found in her body at autopsy, obviously a postmortem event. That was followed by Birkhead and others concerning about the ultimate outcome to her health in taking these medications. So it became kind of the elephant in the room.” He further brought up the millions of dollars at stake stating: “[T]hat Mr. stern was trying to drug her into a tractable state where he could make way with Marshal millions, that turned out not to be the case.”

The fact of being a celebrity was addressed by Brunon in stating; “the Journal carried a rather extensive article about the medical data leaks from institutions and doctors that go beyond celebrities to expose thousands, and I think I can cite this simply for the fact that it’s common knowledge — we talked about it during the course of the trial — that celebrities seem to be fair game to anyone that thinks they can make some money off of exposing some secret in their life.” Following this was this exchange with Judge Perry and Brunon:

“THE COURT: I remember the issue involving Farrah Fawcett and her admission at UCLA. and how people were all over themselves trying to find out what she was there for and getting copies of her records.

Mr. BRUNON: And the woman was in terminal condition, and yet someone profited by it.”

It appears that Bunon hints that a medical malpractice suit would have been more appropriate then a criminal trial when he said; “I alluded in my pleadings to the issue that kind of malpractice crept into this, Dr. Eroshevich didn’t practice psychiatry correctly; therefore, she’s guilty of writing bad prescriptions. It had some relevance, but not the relevancy that it was given. I mean, Dr. Botello physically shuddered when he had to consider the photo of Dr. Eroshevich and Ms. Smith in the bathtub … It really wasn’t an issue in the case. In the case — the forgery case”

After the Deputy District Attorney Sean Carney responded the Court said in part: “I did a little review of the schedule of prescriptions. And I looked at it with the idea of finding what the evidence was as to prescriptions that Howard Stern had allegedly picked up that were prescribed by Eroshevich. And I found in my review, and I think that’s what the evidence supports, that stern picked up prescriptions that Eroshevich had issued for Vickie Marshal. There were a number, maybe eight or nine. I can give you the dates if it’s necessary. That he picked up one prescription for Ambien for Anna smith, and then he picked up on four occasions prescriptions in the name Howard Stern.” Then Judge Perry went on to comment on what good pleadings Carney had written saying: “I thought you were correct in your pleading — of course, I think you do excellent pleading work — in that you thought it was a slightly higher standard for the court on its own motion to dismiss.”

Of course the retrying of the hung charges and that either side could appeal came up.

Judge Perry issued his verbal ruling in a thoughtful and precise way that I believe will hold up under any appeal with a multi-page decision. At the end to this detail explanation Judge Perry stated; “Let me make clear that I am dismissing on my own motion in furtherance of justice counts 1 and 2 (corrected to 3) in this case as to all target crimes finding the evidence insufficient. I think that that needed to be said. All right.”

The only thing left was if the D. A. was going to retry Khristine Eroshevich on the counts that there was a hung jury with the D. A. is to let Judge Perry know in writing and that they had sixty days to file a notice and appeal on Judge Perry’s decision.

I am sure one of you has the charging document, [juries written decisions on all charges], or if not perhaps we can find one. I remember reading it right after the trial in October 2010.

I have been reading and talking to some of you about feeling sorry for Howard K. Stern losing four years of his life here. True, but that said, Stern made a conscious decision to enter into the chaos that appears Anna Nicole Smith’s life which entangled all who came to care for her.

I could whine about the three plus years of my life gone and the fact that 90% of the internet including members of Rose Speaks.com turned against me for not being willing to go to jail. I chose not to because simply there was nothing to hide, and unlike other co-defendants I did not have a robbery or had my hard drive in a bank box. They did not lie about what happened to them, but I did have my emails and hard drives. I simply knew that the truth would prevail that many had great lawyers in this and that I just had to batten down the hatches for however long this storm lasted. I chose to enter the chaos of having a blog that covered “All Things Anna Nicole Smith” so I did throw myself into the peripheral chaos by not closing this site and/or not stopping coverage of this horrible ongoing saga.

Who does my heart ache for and will for a very long time? First two moderators of Rose Speaks.com who did nothing and yet ended up in jail on ridiculous contempt charges. Recordings came out during the discovery that had one “witness” taped by a lawyer in two phone calls about putting Lyndal Harrington in jail, anything to get to me for this person’s own personal vendetta. She was willing to take down Bonnie Stern, Lyndal Harrington and Teresa Stephens if the lawyers promised that I would be brought down. What kind of sick person does that? As I told the lawyer I could only listen to one of the two tape phone calls but that my phone records as well as the time line would prove I never was the “brains” behind robberies, hiding of hard drives and filing a bankruptcy even suggesting that I had that kind of power over others is ludicrous. My prayer is that Karma is a bitch and you know who you are. Hint, it happened in the spring of 2009. So it was NOT QV or Havana or any of the people you might think it was. The complete ability to hate so much that you are willing to sacrifice three people you knew were innocent, to get to someone you just wanted to destroy is unconscionadle. Someone you never met and did nothing to you but try to be a support system during what you said, and now I believe was no more than a made up crises. I don’t think I even want to get in the head of someone like that to see the darkness there.

Besides those two moderators my heart bleeds for Howard K. Stern’s parents, Leon and Bea Stern. They sent their son, the baby of the family, to obtain a top notch education and secured his earning ability only to have him end up with one client. They had nothing to say about the chaos surrounding Anna Nicole Smith flooding into their lives and upon her death to cause what must have been a living hell for them for the next four years. These were just parents, who loved their son and stood by him. Any of us as parents would do the same thing. They had no control over what their lives became and due to their age, I am sure the price emotionally and physically is one none of us can even begin to imagine.

So my tears will be for the two moderators that went to jail and for Howard’s parents, those four people did not deserve to find themselves in the midst of this as none of us should have been entangled. This should have been a simple three hour hearing and court decision where Anna Nicole Smith wanted and intended to be buried not four years of hell.

I will not be saying anything else about anything connected to Anna Nicole Smith except for the Supreme Court hearing and the South Carolina trial; and of course if California is willing to throw more money with what seems to me to be idiocy any Appeal in criminal court they file. I will be updating the download page with all of the paperwork pending before the Supreme Court in the next few days for reference reading for all of you.

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

©Rose Turner
January 11, 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.

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

Tags: Adam Braun Esq., Anna Nicole Show, Anna Nicole Smith, Anna Nicole Smith's Will, Anna Nicole Smith's Will and Estate, AP interview, Bahamas, bestseller., Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Britney Spears, Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Dale Tate, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Conrad Murray, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, E Online!, Edward M. Chernoff Esq., Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, flamboyant fruit cake, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, investigative agencies, J. Chris Smith Esq., J. Christopher Smith Esq., J. Christopher “Chris” Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, Judge Robert Perry OJ Simpson, Linda Deutsch, Los Angeles District Attorney, Mariah Carey, Michael Jackson, misdemeanor with probation, Neil McCabe, Nicole White, O. J. Simpson, OJ Simpson’s Trial, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Radar Online, Rene Rose Esq., Renee Rose, Ron Rale Esq., Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the Sadow Factor, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

Many times I’ve stated, the real truth of the Anna Nicole Smith case will never be told, at least in a court of law. Howard K. Stern had his entire case thrown out by superior court Judge Robert Perry, this judge made it clear from the very beginning he did not like this case. And in the end he made it even clearer by taking the action that he did.

Dr. Khristine Eroshevich also escaped with her title intact – Doctor – …Dr. Eroshevich and I were to write a book of the “real” Anna Nicole Smith and the shenanigans that were being pulled on and around her. There is still not a question in my mind having discussed this in detail with Eroshevich that it would be “her” telling the story of what she saw that would be a bestseller.

Again as I stated previously, the D.A.’s office did not expect to have to deal with Steve Sadow and what I called the “Sadow Factor.” …

[Three defendants Dr. Kapoor, Dr. Eroshevich and Howard K. Stern], Their reputations will be forever in question, just as was O.J. Simpson, most thought he was guilty of the crimes he was charged with…the difference was that the jury set him free and in this case it was Judge Perry …The Judge saw through what was being done and did not like it, and I agree. I agree with the law as this is what our country is based on. My problem is all those conversations I had with Eroshevich and all the discovery that I read, and every lie has a little truth.

Let me put it this way, what the Los Angeles District Attorney did was try to bake a cake. Yes, try and bake a cake when you had no flour and the eggs were rotten…. …And stink it did, this has to be one of the biggest stinkers the L.A. District Attorney has had to face during Steve Cooley’s time in office…

…Having a judge who is annoyed with the case as charged and who would become even more annoyed at Prosecutor Rene Rose who was prosecuting the case was another element. There was the Sadow Factor and the other element was surrounding yourself (Howard and Anna) with people who at their best were incompetent. We saw the body guard, the wife of the body guard, the nannies (and their families), star-struck government officials, real estate moguls/felons and a galaxy of hangers-on, and it would be their very testimony that would be almost as comical as an episode of the “Anna Nicole Show”…the only thing missing was that flamboyant fruit cake. It was this very, very incompetent and annoying testimony that further pissed off Judge Perry.

…You would have thought he, [Kapoor] would have avoided the Criminal Courts Building at all costs – ahhh, the cameras (I certainly can relate to that). And we should all be happy for them, much of this was a mistake from the beginning on the part of the investigative agencies who participated. From the Bahamas to the United States, it was clowns with badges and guns…

To read the rest of this article visit Desperate Exes.com, and while there read John J. Nazarian’s take on DIVORCE Hollywood style as well as other cases he writes about

http://desperateexes.com/2011/01/08/judge-perry-boots-the-stooges-free/.

©John J. Nazarian
January 9, 2011
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.

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

Tags: Anna Nicole Show, Anna Nicole Smith, Bahamas, bestseller., Beverly Hills, Brad Brunon Esq., Celebrity Trials, Dannielynn, Deputy District Attorney Rene Rose, Desperateexes.com, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, flamboyant fruit cake, High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, investigative agencies, J. Chris Smith Esq., J. Christopher Smith Esq., J. Christopher “Chris” Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert Perry OJ Simpson, Los Angeles District Attorney, O. J. Simpson, OJ Simpson’s Trial, Prosecutor Rene Rose, Rene Rose Esq., Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., the Sadow Factor, the “real” Anna Nicole Smith

“You can ride high atop your pony
I know you won’t fall…
’cause the whole thing’s phoney”

This is a verse from the song “Bella Donna” from Stevie Nicks that comes to mind after the sentencing of Howard K Stern and Khristine Eroshevich Just stating my opinion, folks!

Judge Robert Perry, I am sorry, but this has been such a waste of time. You could have spared us all of this trial if you stated this earlier.

As I reported on some of the trials’ witnesses’ testimonies from past court dates, Judge Perry seemed to be holding a pretty good court with reprimands and valid points to be discussed and interrogated. But to throw all credibility, I feel, out the window is a shame. For Judge Perry to state that;”[Howard K.] Stern never intended to defraud when he used his name and others to protect Anna Nicole Smith’s privacy when he obtained prescriptions for her” is completely ludicrous and that Dr Khris was “acting out of concern” for Anna is also total garbage.

Not to bring up OJ Simpson’s Trial, but a lot of people feel that OJ got away with murder, and many have said another “crooked” legal system; If you got the bucks, or the connections, you can get off “scott free”! For Judge Perry to “overturn the conspiracy charges, saying that there was no evidence to support them” is outrageous to me. I sat in the courtroom and heard some of the testimonies myself!

In my opinion, something fishy has gone on, and someone’s hands smell like fish! I guess the next thing that will happen is that Anna will reappear, and she was never dead! I am still waiting to see if there will ever be a photo of Anna from her morgue days, ala Marilyn Monroe. I am sorry, and I don’t mean to disrespect Anna, it is just a point. This silly roller coaster of a trial leaves me felling used and abused, what a waste of time. I am not wanting a public lynching of these two people, but I feel this was less than a slap on the wrist for something that they, as professionals in their fields, should have known.

For the judge to say that Howard never intended to defraud by using his name for the prescriptions…come on! Howard knew damn well he was “enabling” and covering for Anna, being the “kiss ass” buddy for her. He knows that was wrong, he is a lawyer, remember, he knows the law.

I have backed up Howard in the past saying he did not kill her, but I mean please, don’t insult our intelligence about him not knowing the name game.

Yes, I have said it before “Anything for a Celebrity”, and now I feel the Judge has done the same.

I am sure if Judge Judy was the Judge on this case, there would have been a sentencing, no BS. Judy wouldn’t have put up with Howard”s or Dr Khris’ shenanigans.

Well, now that that is all over, and such a waste of our money, and my time, I guess Howard will do the interview circuit, and be the celebrity he wants to be. I mean, Howard likes to play the “Anna” game he used to play when he was shoved up her a**, “Keep everyone away and be mean to people so he can get what he wants while creating chaos, but his life never really changes and goes on”.

I do feel that Dr. Khris being spared jail time is good, I mean, she may have done something wrong, but she DID get a slight slap on the wrist, or on the butt, depends on how Judge Perry meant it! LOL! And I hate to say at her age, jail wouldn’t be such a nice “venture” for her to be in.

I guess now Larry Birkhead and Howard will become friends, again, or have their own commitment ceremony (joking of course), and he will have Howard and Dannielynn do a photo shoot or interview all together and make amends! Oy!

I am wondering what Virgie Arthur is saying about the sentencing, I am sure she is “fit to be tied”!

All I know is that somewhere right now, or some place, there may be someone who enabled someone with prescription drugs and the person may have overdosed etc by the enabling, and I feel that the laws need to be more astringent about this. I am sure if Joe Average in the mid west did the same that these two people were accused of, the Judge would have thrown the book at them.

May Anna rest in peace, but I am sure she is not resting after this sentencing. Now you know why Anna was “friends” with Howard, see what he did for himself! LOL! That’s what she liked about him. He was like the magic man, he could make things appear or disappear for her, get my drift? But then again people, this is Hollyweird! Que sera!

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

©Daniel DiCriscio
January 8, 2011
Daniel is a feature writer for Rose Speaks.com.
Used with permission of Daniel DiCriscio Visit Daniel’s My Space Page to see more videos and learn more about Daniel.
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this article are based on the opinions of our feature writer, Daniel DiCriscio, This article is the sole property of Daniel DiCriscio and Rose Speaks unless otherwise stated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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Tags: Anna Nicole Smith, Anything for a Celebrity, Bella Donna, Beverly Hills, Brad Brunon Esq., Celebrity Trials, creating chaos, Daniel DiCriscio, Daniel DiCriscio Exclusive, Daniel DiCriscio Messiah of Makeover, Dannielynn, defamation suits, discussed and interrogated, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Exclusive by Daniel DiCriscio, Executor of the Estate, Executor of the Estate of Anna Nicole Smith, He was like the magic man, High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, intended to defraud, J. Chris Smith Esq., J. Christopher "Chris" Smith Esq., J. Christopher Smith Esq., Judge Judy, Judge Perry, Judge Perry California Superior Court, Judge Robert Perry, Marilyn Monroe, OJ Simpson, OJ Simpson’s Trial, photo of Anna morgue, public lynching, reprimands and valid points, Stern never intended to defraud, Steve Sadow Esq., Stevie Nicks, Virgie Arthur

Tap Tap Tap Tap me, whatever pain or harm a wiretap can bring is nothing compared to the financial rewards that can land in the victim’s bank accounts. There is not one doubt in my mind that I was “listened to” during the days of Anthony Pellicano’s reign of terror. …To think of all that money slipping through my hands only because my government got hoodwinked by a self-taught private investigator in the art and wizardry of wiretapping and the storage of information. All at the hands of a computer geek and “The Pelican.”

I have heard through the grapevine MILLIONS were paid to make one “victim” go away, and even a couple of lesser victims got more than they could have ever dreamed of. However, there are people in the world that a million, 2 million, 3 million is a little like tipping the parking attendant a $ 10 bill: big deal for that parking guy, ain’t shit for the guy giving it…very similar here folks.

And in some people’s circles, when you put your ass on the line and “stay the course” it is expected that you and those close to you will be taken care of. That is real old school if you get what I am saying here folks. …And in the end what is a an old law career worth anyways, 1 million, 2 million, 3 million…well I think you are getting the point here. …

…Very rich divorce lawyers battling it out in the civil courts and one is guilty as hell and the other is a victim. The problem is the next payout will not be fast and easy as this last one. Damn, Tap Tap Tap away…as it is so often stated, the rich get richer, and the rest of us? We at least sleep well, right fellas?

Please visit Desperate Exes.com for to read the rest of John J. Nazarian’ article. Once again never say never because then something about what you think is a over lawsuit comes back to haunt you.

http://desperateexes.com/2010/03/15/pellicano-trial-tappity-tap/.

©John J. Nazarian
March 16, 2010
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.

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

Tags: Abner Nicherie, Adam Braun Esq., Anita Busche, Anthony Pellicano, Anthony Pellicano trial, Bert Fields Esq., California Criminal Justice, Celebrity Trials, Civl Suits in California, Daniel Nicherie, Desperateexes.com, Harland Braun Esq., High Profile Trials, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood Criminal Justice, Hollywood Gossip, Hollywood Justice, Hollywood Scandal, Hollywood's lawyers, Illegal Wire Tap, John J. Nazarian, John J. Nazarian P. I., Kevin Kachikian, Lisa Gores, Lisa Kerkorian, Little Abner Nicherie, Mark Arneson, Mark Geragos Esq., Marty Singer Esq., Nicole Kidman, Patty Glaser Esq., Pellicano Trial, Ray Turner, Sandra Carradine, Stan Ornelas, Stephen Kolodny, Terre Bowers Esq., Terry Christensen Esq., The Pelican, Tom Cruise, Tony Pellicano, Wire Tapping

Michelle Braun the latest Hollywood Madam whose business was bigger then Heidi Fleiss, with more ex-Playmates and even some porn stars served the very rich and famous from the U. S. to overseas. Braun will be sentenced today in a federal California Court. The U. S. is recommended five (5) years probation with no more than six (6) months of house arrest.

The federal government has stated that Michelle Braun has given over her electronic black books and is helping the federal government in its ongoing investigation of whose who in Hollywood and how far reaching literally – globally, her “organization” was.

Braun has pled guilty to one felony charge of transporting a woman across state lines for the purpose of prostitution and one felony account of money laundering.

Many wondered why Braun immediately agreed to a plea bargain and to hand over her list of “Johns”. Now we know in the Civil Forfeiture part of this case.

Braun was quick to make this deal because this was truly in every sense of the word a family affair. Braun’s husband, Farrell Kellener, was listed as the president of the multiple business names for Nikki’s Girls with advertising online and a chunk of change to rent one of these girls. Braun got caught by giving service online to an undercover agent. But then she does love to be referred to as “Queen”. Braun’s sister, Mandy Gray of Bakersfield California, worked as her secretary and bookkeeper, her parents had a piece of the action, Braun kept money stashed out of the country, per filings Amsterdam seemed to be her favorite place to stash the extra case. She had a plan to flee the U. S. to a rich uncle in Mexico and then on to a country where extradition was not a guarantee. However, the most surprising family member involved was her brother, listed as a Newport Beach California attorney, however his name is alleged to be Jeff L. Braun. Braun’s brother, the attorney, told everyone he was not Michelle’s brother, and he appears to be protected hin filings as just her brother a Newport Beach Attorney, but once the U. S. government asked for the Civil Suit to be unsealed and the Stay lifted, there was her brother, listed as a “Newport Beach California attorney” who had his sister power of attorney to access her funds if needed for bail money or other expenses. Is aiding a sister in money laundering and prostitution an ethics violation in California? Hell is not reporting a crime an ethics violation in California? However, Braun being the good daughter and sister has taken the full force of the U. S. Government conviction upon herself. Next question why is Michelle Braun getting such a little bit of slap on the hands both sentence wise and property the federal government wants? Remember how much time both the previous Hollywood Madam, Heidi Fleiss and the D. C. Madam received?

You might note also that Michelle Braun’s attorney is Ellyn Garofalo of the Dr. Sandeep Kapoor of Anna Nicole Smith fame. All of this is things that make most of us go Mmmmmmmm. Remember the D. C. Madam was going to jail no if, buts or ands about it, so what is different in this family affair of prostitution, lots of money and high living in Braun’s case.

Here are a list of documents we have obtained in this case well worth a read of crime does pay.

March 18, 2008 Michelle Braun Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2654.

April 15, 2008 Michelle Braun First Amended Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2655.

April 15, 2008 USA request and Court Agrees to unseal the Warrant and the list of seized property removed by the federal government in the Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2656.

May 14, 2008 The Affidavit of Michelle Braun and estranged husband, Farrell Kellener, stating that they did run the prostitution ring and that they did own the property seized property removed by the federal government in the Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2657.

May 21, 2008 Copy of the Warrant that the FBI used to seize property removed by the federal government in the Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2658.

July 22, 2009 Stipulation between Michelle Braun and estranged husband, Farrell Kellener, to lift stay on Civil Suit once Braun made a deal and pled guilty to the criminal charges. This stipulation lifted the stay in the Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2659.

July 29, 2009 Order lifting Stay on Civil Suit once Braun made a deal and pled guilty to the criminal charges. This stipulation lifted the stay in the Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2660.

September 3, 2009 Notice of related cases on Michelle Braun of the Criminal case with sentencing due on November 16 and Civil Case that the stay had been lifted by Court Order on the criminal charges, both cases in California Court.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2661.

September 9, 2009 Transfer of Civil Case to same court that is handling the criminal case to show seized property removed by the federal government in the Civil Forfeiture Case list of assets being seized by U. S. Government in prostitution ring and money laundering and to allow the same court to handle both cases.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2662.

November 13, 2009 Michelle Braun Position on Sentencing suggested by the U. S. Attorney’s office for her sentencing on November 16, 2009 in two felony counts of of transporting a woman across state line for prostitution and money laundering.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2663.

All of our documents on this case are opened to All not just members of Rose Speaks.com. There are new papers in the Texas State case in Harris County due out today and of course the Anna Nicole Smith Estate Case in South Carolina has Answers due by all of the Jane and John Doe defendants as well as the Sanction filing against Susan M. Brown. Brown’s answer is due today on that Motion by Howard K. Stern on behalf of the Estate of Smith.

©Rose Turner
November 16, 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.

Tags: Anna Nicole Smith, Celebrity Trials, Dr. Sandeep Kapoor, Farrell Kellener, Farrell Kellener - Hollywood Madam, Farrell Kellener - Michelle Braun, Ford Shelley, G Ben Thompson, Gaither B. Thompson II, Gina Thompson Shelley, High Profile Trials, Hollyweird Justice, Hollywood Justice, Hollywood Madam, Howard K Stern, Jeff L. Braun Esq., Melody Thompson, Michelle Braun, Michelle Braun - Hollywood Madam, Nikki’s Girls, Rose Speaks, rosespeaks.com, Susan M. Brown Esq.