… “Steve who?”, “ Said what ?”, ahhhhhh Steve Sadow, what next, will we hear Geraldo singing the praises of Howard K. Stern?

…. …Oh for sure the evidence that she has would show “guilt,” but Rene [Rose], you got out-lawyered by the Gentleman from Georgia. Sadow so narrowed what the prosecution could present with the blessing of Judge Perry that it must be like trying to make a nice tomato sauce with no tomatoes! Ben Thompson, Ford Shelley and the rest of these folk must have had a “coming to Jesus” moment. These guys were like the Huns at one time, entering the castle and pillaging in the name of Anna Nicole Smith. “we will save all of her property from those who should have it.” …and now in Judge Perry’s court we have the “Harper Valley PTA.” …All we needed was Sonny and Cher’s wonderful song, “The Beat Goes On” …

… …And of course we have the ultimate secret weapon, Steve Sadow, I never heard of this guy until the publicity picture went up with Steve, Chris, Howard and what’s her name. Howard and I will never forget that picture and announcement, it was an awakening, a new day, praise the lord! [J Christopher] “Chris” Smith is a good lawyer in his own way …Sadow needed Chris to be able to throw the prosecutions case into the gutter. …BUT! Sadow, he was this lawyer from Georgia who changed the whole case for Howard K. Stern. …. …When you hear the testimony from the Bahamas, HKS was the original demon seed…

Ah but in the end it was the “Sadow,” …Poor Rene must feel like a tap dancer with no taps, a puppeteer with no puppets, an actor with no show, a photographer with no camera…..ok I’ll stop.

And how about this, Anna Nicole Smith’s mother, [Virgie Arthur], has to sit there in that court and listen to what adds up to nothing but “hog wash,” …

Be sure to go to Desperate Exes.com to read the rest of John J. Nazarian’s coverage of the trial of Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor.

http://desperateexes.com/2010/09/01/steve-sadow-a-real-discovery/

©John J. Nazarian
September 2, 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: Anna Nicole Smith, Beverly Hills, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Ford Shelley, G Ben Thompson, Geraldo, Geraldo At Large, Geraldo Rivera, High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Horizons, Horizons in the Bahamas, Howard K Stern, J. Chris Smith Esq., John J. Nazarian, John J. Nazarian P. I., L. A D. A. Renee Rose, Renee Rose, Steve Sadow Esq., The Bahamas, Virgie Arthur

Superior Court Judge Robert Perry has said Smith’s cause of death is not an issue in the trial of Stern, Eroshevich and Dr. Sandeep Kapoor. The defendants are not accused of causing Smith’s death.”

Well that makes me wonder, Dr. Perper’s previous decisions are they final? Is this bunch totally out of the woods? It would appear that Dr. Perper has big problems coming and fast. How many times can someone fall before they die and it is still considered an accident? I guess if someone keeps falling with or with no help that could be murder. Well except in Florida. Perper was a breath of fresh air to the Three Stooges. He found that there was no foul play, or words to that effect. Now that his sense of reasoning is being questioned could this be a problem for the “magnificent three?”

The rumor has been out for awhile that maybe Florida would look into filing murder charges against Howard K. Stern, and the two docs. My research tells me that it is still a possibility, and have wondered with comments coming from the bench if this is not an omen. ….

…“The prosecutor objected to Monday’s testimony, saying the defense was trying to implant the impression that everyone around Smith was scheming to get money.”

…Prosecutor Renee Rose used the word “Scheming“ in reference to Mr. Sadow’s questioning of Da Moester and his “disc with photos.” Howard [K. Stern] knew from the start that the disc was stolen and was at his wits end trying to get it back or to stop the usage of it. After all, that was money that should have been going to the estate of Anna Nicole Smith and not to Moe & Taz (I love that name combo). …“Scheming,” everyone had an angle and to many the “scheming” continues. Along with false witness, get while the getting is good, be careful what you wish for, show me the money, The Common Good, and one of my favorites, No Good Deed Goes Unpunished.

…15th Circuit Deputy Solicitor Jimmy Richardson said the five residents are being called in the trial because they were familiar with Smith and her physical condition. “They were witnesses to the demeanor of Anna Nicole Smith,” Richardson said quoting documents from California officials.

Ford Shelley told Hyman that spending four or five days in California will put a financial hardship on the group because they will be away from their jobs. Shelley also said he told investigators in the case he had no knowledge of Smith’s demeanor.

“We were not a party to any of those things,” Shelley said during Monday’s hearing.

…”we were not a party to any of those things“, what next…”what Anna, Anna who?” “Howard Stern, I don’t like his radio show.” Come on, it is all about their fear of getting on that stand and the “Great Sadow” brings to light all of their interesting past life experiences (remember our system gives everyone a chance to attack each other …all of us have things to hide, some more than others). …Sure while in South Carolina throwing rocks was fun, shit it was nothing short of a F’n party and now? They will be getting to meet the ultimate get even guy, yup and that will be “The Gentleman from Georgia” Steve Sadow. …

Someone correct me if I am wrong, was this not the group that entered Anna’s house, [Horizons], moments after her death to make sure all of Anna’s, [Nicole Smith] and Howard’s, [K. Stern], personal property was safe and sound from “thieves?” And was that not some of the same stuff that went sailing off into the sunset to only reappear in different media outlets. No I am wrong, I am sure that never happened, I need to get some rest…

And in closing some of my readers are curious who am I supporting…I do not like anyone in this case (with the exception of one or two). My initial response was that I thought two guys were just trying to do well by a child. This I stated publicly and I do believe that the father of that little girl loves her more than life itself. I also believe that the other male in the picture also loves that child with an equal amount of love. I don’t like any of them, not one and I am sure that feeling is quite mutual and I guess it is my weeks of studying the discovery that confirmed much for me. For sure I had my own thoughts about the “players” and their behavior. The work of the investigators just made the “light” brighter and in time it all made sense. And like all of the rest I too have an agenda, would I consider it “scheming” no I don’t think so. And for any pending lawsuits I understand TRUTH IS A DEFENSE, so as long as you are not lying and have proof, you are good. Then again it could also be more like a poker player, you just never know till someone “calls.”

Interestingly John J. Nazarian continues to break his almost 3 years of silence, his next installment on Desperate Exes.com is a MUST read. I love that he is going to be in court for what I consider the “main witnesses and builder of this house of cards”. Be sure to read the rest of this article on Desperate Exes.com.

http://desperateexes.com/2010/08/10/anna-and-the-three-stooges-part-iii/

©John J. Nazarian
August 10, 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: 15th Circuit Deputy Solicitor Jimmy Richardson, Anna Nicole Smith, Assistant Deputy Attorney Renee Rose, be careful what you wish for, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Perper, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., false witness, Ford Shelley, G Ben Thompson, get while the getting is good, High Profile Trials, Hollywood Criminal Justice, Honorable Robert Perry, Horizons in the Bahamas, Horry County South Carolina, Howard K Stern, J. Chris Smith Esq., Jimmy Richardson, John J. Nazarian, John J. Nazarian P. I., Los Angeles Superior Court Judge Robert Perry, Maurice "Big Moe" Brighthaupt, No Good Deed Goes Unpunished, Renee Rose, show me the money, Stever Sadow Esq., The Common Good, the “scheming” continues, Virgie Arthur

It’s the morning of August 6, 2010 and I am just about to enter the court building, not knowing that the “star witness of the day” Big Moe, is right in front of me, entering the building the same time as I am. The paparazzi quickly surrounded Moe in a flood of flashbulbs! Then, I was next to be surrounded and photographed by the paparazzi pack. Once inside the court building, and through the security check, I went to the elevator to begin my journey up to the courtroom. Not realizing that one of the people in the elevator alongside of me was Virgie Arthur, Anna Nicole Smith’s mother, I started to feel that this was going to be an event more than I realized.

When I walked into the courtroom, I took a seat in the back row. Virgie, in a gray pant suit, seated to my left and an ABC reporter to my right in the same row. Linda Deutsch of the AP was seated in front of me in a bright pink blazer and pen in hand. The court room wasn’t very big, and had signs everywhere stating no cell phones or recording devices were allowed. The jury was on the left side of the courtroom, 2 rows of jurors.

Big Moe took to the stand in a pin striped suit and bronze shirt with a gold chain, and had trouble adjusting his mic. at first. Judge Robert Perry was more than accommodating to Big Moe. Anna Nicole Smith’s so called “dream team”; Howard K. Stern with his attorneys, J. Chris Smith and lead attorney Steve Sadow, Dr. Khristine Eroshevich with attorney Bradley Brunon, and Dr. Sandeep Kapoor with attorney Ellyn Garofalo sat center with the rest of their legal teams. Howard stuck out somewhat because of his bright royal blue tie and he appeared to have bad sitting posture, I thought. Dr. Kapoor was in a gray suit and monochromatic lavender shirt and purple tie. Dr. Khris opted for pin stripes!

Once the questioning began, Assistant Deputy Attorney, Renee Rose fired her inquiries at Big Moe. Steve Sadow was the “I object” person of the day…I swear he objected to so many things Renee Rose or Big Moe were saying, or the questions and how they were phrased, and on and on.

Dr. Khris’ lawyer, Bradley Brunon, also objected a few times when the questions or Moe’s answers were directed at Dr. Khris.

Big Moe started working with Anna, he said, in 2003, being introduced to her by Howard K. Stern at a photo-shoot.

Big Moe answered questions about Anna’s entourage, which consisted of Howard K. Stern, Kimmy Walthers, & Anna’s son Daniel Smith, etc. Mr. Sadow objected to the word “entourage” and it was sustained. Big Moe wasn’t exact on dates regarding Anna all the time. Although, he did say Howard K. Stern was her “right hand man”, and Kimmy was her “Assistant”, not Howard. The entourage, or crowd of people, would go with Anna to some of her occasions, but Howard went to everything. Big Moe did say that he never saw Stern do law or any other legal things, although Howard was Anna’s lawyer.

Big Moe said he always brought a Blood Pressure Cuff with him, because Anna would sometimes go without rest and he would check her.

During 2004 Anna was the spokeswoman for Trim Spa and went on tour with the Trim Spa Bus around the country, and Moe said he was pretty much on the bus the whole time. Big Moe went on to say that he saw prescription drugs on bus, and that Anna always had a backpack with a grocery bag inside with more medications in it. He did say he saw Anna take the meds. He did say he did not see what kinds were in the bag though. The E! crew, Howard, Kimmy, and Daniel were there as well on the Trim Spa bus tour.

Big Moe stated that he did see Anna take meds on the bus regularly, and she was tired a lot and slept a lot. However she did enjoy the attention from her fans he said!

He rekindled us with The Kentucky Derby meeting when Anna met Larry Birkhead, when Larry was a freelance photographer. Larry from that point became part of her crowd and joined on the bus to take pictures. Those photographs were seen in People Magazine, In Touch, etc.

At one point, one of the jurors I saw seem to be cat napping! LOL!

We then were taken on a journey of award shows when Anna was “medicated” or “Cristalized ” with the champagne, or both. Although Moe said Anna was a “casual drinker” and she loved Cristal Champagne! Anna would get slurred speech, become drowsy, and had trouble walking at one or more of these award shows. Big Moe said she would get nervous before an awards show or party, like anybody, and needed to relax. One of these award shows was The World Music Awards, when she presented Kanye West with an award in 2004. Moe said, “I saw her take her usual medications and drink before a show, and take whatever else to make her relax.” It got so bad at times that on one occasion they had to carry Anna out. He said Anna would take meds first, then drink.

One of the funniest things that happened in the courtroom was when Judge Robert Perry did not understand when Big Moe said The G Foria Awards. Judge Perry asked Moe to spell the name of the awards a couple of times and the courtroom broke out in laughter.

Another funny point in the courtroom was when Big Moe’s cell phone started to ring aloud: the ringer was the sound of a siren!

At one point, Moe painted a sweet picture of Anna when she was at Camp Kindle, a camp for children who are affected by HIV/AIDS. He said Anna loved playing with the children and really enjoyed herself. She also loved painting her face with them, she would be the person dunked in The Dunk Machine, play Camp Games, etc..

The heavy part of this inquisition was when The Bahamas came into the court room. Howard called Moe and asked him to come to the Bahamas because Daniel had died, so Moe flew into Nassau. Moe said that Anna was “a hurt lady” because of Daniel’s death and would breakdown. She was incredibly depressed. On Sept. 11, 2006, Moe talked to Anna and said she looked drained and lethargic due to Daniel’s death. At Horizons, he did say that Ford Shelley, G. Ben Thompson, Howard K. Stern, Anna, Dannielynn, and one of the nannies were there. There were two nannies, separate shifts, Alexis and Nadine. The others at Horizons included, Tracy Ferguson attorney, and Gina Shelley, Ford Shelley’s wife.

Moe said Anna was happy to see him when he first arrived. She hugged him, but was in pain from her C-section. Moe said Anna was in denial of Daniel’s passing. But she would come to life when Dannielynn was in front of her.

Moe did say that Anna would sleep during the day and get up at night. He would try to get her up and moving because she was sleeping a lot.

The infamous dish of pills became part of the inquisition. Over 20 different pills, and also some pills in bottles. Moe never saw the types or names on many of the bottles. He did mention Diazepam (Valium), B12 (liquid form) for energy, and methadone, because he saw the name on those bottles. Moe also said he saw syringes in the bathroom. He stated that Anna had a small refrigerator by her bed, four feet high, with Orange Juice, baby bottles, snacks, methadone and syringes.

He also saw the burnt spoon in the bathroom. Moe said Anna injected herself, but others injected her too, like Howard K. Stern. He explained the liquefying of the medicine and why they cooked it on a spoon. He said it draws up into the syringe easier and goes into the blood stream faster. He said he did see burnt spoons on the counter in the bathroom and in her drawer. Moe did not liquefy or cook meds on spoons.. Moe did say that Anna had two doctors, Dr. Minnis and Dr. Barrett in the Bahamas that did inject her, or administer drugs to Anna.

Moe stated that Chloral Hydrate given to Anna by Dr. Khris Eroshevich. Anna at one point would drink the Chloral Hydrate from the bottle. Moe said Anna drank the Chloral from the bottle in front of Dr. Khris and Dr. Khris told her not to do that, but Anna did it anyway.

Moe did raise his voice at one point to defend Anna’s honor and said “She wasn’t impaired all the time you couldn’t get over on her she wasn’t popping pills all day.” That may have been true but somehow sounded a little contradictory to me.

Although, this is just the beginning of this trial saga, I am sure the best is yet to come!

Be sure and follow Daniel DiCriscio’s exclusive coverage with Rose Speaks.com

©Daniel DiCriscio
August 7, 2010
Used with the permission of Daniel DiCriscio, the Messiah of Make Over
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, Daniel DiCriscio, 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: Alexis and Nadine, Anna Nicole Smith, Anna Nicole Smith entourage, Anna Nicole Smith's nannies, AP Linda Deutsch, Assistant Deputy Attorney, Assistant Deputy Attorney Renee Rose, B12 (liquid form), Beverly Hills, Big Moe, Big Moe inquisition, Bradley Brunon Esq., burnt spoon, Camp Kindle, Celebrity Trials, children with HIV/Aids, Chloral Hydrate, contradictory testimony, cooked it on a spoon, cooking drugs, Cristal Champagne, Daniel DiCriscio, Daniel DiCriscio Exclusive, Daniel DiCriscio Messiah of Makeover, Daniel DiCriscio’s exclusive coverage, Daniel Smith, Dannielynn, Diazepam (Valium), dish of pills, Dr. Barrett, Dr. Khris, Dr. Khris Eroshevich, Dr. Khristine Eroshevich, Dr. Minnis, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Exclusive by Daniel DiCriscio, Ford Shelley, freelance photographer, G Ben Thompson, G Foria Awards, Gina Shelley, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Horizons in the Bahamas, Howard K Stern, In Touch, J. Chris Smith Esq., J. Christopher Smith, Judge Perry, Judge Robert Perry, Kanye West, Kimmy Walthers, Linda Deutsch, liquefying of the medicine, Maurice "Big Moe" Brighthaupt, Maurice Brighthaupt, Methadone, nannies, Nassau, Over 20 different pills, People Magazine, prescription drugs, Renee Rose, Sept. 11 2006, Steve Sadow Esq., syringes in the bathroom, The Bahamas, The E! crew, The Kentucky Derby, The World Music Awards, Tracy Ferguson Esq., Trim Spa, Trim Spa Bus, Trim Spa bus tour, Virgie Arthur

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Tags: Anna Nicole Smith, Anna Nicole Smith's Estate, Anna Nicole Smith's Will, Art Harris, Attorney General Jerry Brown, attorney-client privilege, Bahamian lawyer Tracy Ferguson, Beverly Hills, Birkhead, BKD LLP, BKD LLP Computer forensics, Bonnie Stern, Bryan Cave LLP, California AG Jerry Brown, California Business & Professional Code § 17200, California Civil Code § 3344.1, California Department of Justice, California Probate Code § 850, Celebrity Trials, Charles "Chip" Babcock, civil conspiracy, commercial appropriation, commercial appropriation of right of publicity, Computer forensic expert, Computer Fraud and Abuse Act, Computer Fraud and Abuse Act 18 U.S.C. § 1030(a)(5), conversion of Estate Property, crime-fraud exception, crime-fraud exception attorney-client privilege, Dannielynn, Danny Santiago, Debra Opri Esq., Don Clark, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Elisa Miller Esq., Elizabeth McNamara Esq., Florence South Carolina, Folkens Law Firm, Ford Shelley, FOX News, G Ben Thompson, Gaither Ben Thompson II, Geraldo - Live, Geraldo At Large, Geraldo FOX News, Geraldo Rivera, Gina Shelley, Gina Thompson Shelley, Greta -On The Record, Greta Van Susteren, Gubernatorial candidate Jerry Brown, Hachette Book Group USA, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood California, Hollywood Criminal Justice, Horizons in the Bahamas, Horizons law suit, Horry County, Horry County Sheriff, Horry County Sheriff's Department, Horry County South Carolina, Howard K Stern, Joseph C Wilson IV Esq., Karl Alan Folkens Esq., L. Lin Wood, Law Offices of Susan Brown Esq., Lin Wood, Liz McNamara Esq., Louis David Nettles Esq., Luke Lantta, Lyndal Harrington, Magistrate Judge Thomas E. Rogers III, Melodie Thompson, Myrtle Beach, Myrtle Beach south Carolina, Neil McCabe, Nicole Jennings Wade Esq., Pierce Herns Sloan and McLeod, right of publicity, right of publicity in violation of California Civil Code, Robert Klein Esq., Rose Turner, Seminole Tribe Authorities, Shane Gibson, Shane Gibson former Bahamian Minister of Immigration, South Carolina Federal Court, statutory and common law, Steve Sadow Esq., Susan M. Brown Esq., Susan P MacDonald Esq., The O'Quinn Law Firm, TMZ.com, Tom Pirtle Esq., Tracy Ferguson Esq., Tracy Ferguson of Callendar's Bahamas, unfair competition, unfair competition in violation of California Business & Professional, unjust enrichment/restitution, violation of the Computer Fraud and Abuse Act, Virgie Arthur, wrongful taking of estate property

There are more papers due out today, November 30, 2009 in South Carolina from G. Ben Thompson on the Motion for Contempt and for Sanctions based of his previous attorney, Susan M. Brown’s acts allegedly on his behalf.

Gathier Thompson III, Melodie Thompson, Gaither’s wife, and Gina Thompson Shelley all have Responses to the Estate of Anna Nicole Smith adding them as parties in place of the “Doe” names.

As I read over the papers filed by Susan M. Brown last week I found myself amazed as I always seem to be when it comes to the antics and ever changing lawyers from the South Carolina group of players.

In papers filed last week in the South Carolina Federal Court, Ms. Brown says she was on board with the Horizon’s dispute in the Bahamas from day one in 2006. However it appears if that is true that her clients were not straight up about the happenings in the Bahamas. If Brown’s allegations about her clients prove true in court then they appear to have made sure she missed some memos and certainly some major media news articles. If I remember correctly G. Ben Thompson has dropped all claims to Horizons and is now suing the Estate of Anna Nicole Smith (Dannielynn Birkhead), Howard K. Stern, and the lawyers Tracy Ferguson and Michael Scott. The time line for Ms. Brown being kept in the loop and the liaison between her clients and the attorneys in the Bahamas appear not to include Thompson’s attorney in January 2007, Knowles, at the news conference in the picture with this article and there is certainly nothing from Pro Pinder the current attorney in Brown’s filings. Both were attorneys in the Bahamas for Shelley and Thompson after Ferguson and Scott left the employment of the South Carolina family.

This is either dumber than a suitcase full of rocks on the South Carolina crew for not telling their lawyer everything which equals to tying your legal representatives hands and allowing them to be blindsided by the likes of L. Lin Wood. So did Thompson and Shelley throw their attorney under the bus, and did they wiave the attorney-client privilege in what appears to a free for all for Shelley and Thompson AGAIN!!

My guess from reading these filings is that Brown was not in the loop of the Horizons litigation and the property being distributed, and she is fighting for her legal career and thus like any lawyer who has been betrayed will come out fighting now that it appears that Thompson and Shelley has waived the attorney – client privilege which in my opinion was a dumb move on their part..

Here are the filings on November 24, last week and as soon as the filings come out today they will be added to this article.

SOUTH CAROLINA FEDERAL COURT FILINGS NOVEMBER 24, 2009.

November 24, 2009 Susan M. Brown’s Memorandum of law filed in S. C. as a Response and Brown’s Opposition of Estate’s Motion for Sanction and Contempt.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2680.

November 24, 2009 Susan M. Brown’s Exhibit 1 which is the deed filed to put house in Thompson’s name after the law firm withdrew the previous deed signed by Anna Nicole Smith, this is the deed that caused the problems for everyone that is now being sued by each other in the Bahamas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2681.

November 24, 2009 Susan M. Brown’s Exhibit 2 October 31, 2006 letter from Tracy Ferguson to Anna Nicole Smith to vacate Horizon’s or be prepared for eviction proceedings.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2682.

November 24, 2009 Susan M. Brown’s Exhibit 3 Default Judgment against Wayne Munroe and Anna Nicole Smith dated November 28, 2006 in regards to Horizon’s in the Bahamas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2683.

November 24, 2009 Susan M. Brown’s Exhibit 4 Default Injunction that barred Ben Thompson or any representative of his to interfere with Anna Nicole Smith living at Horizons dated November 20, 2006 in the Bahamas.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2684.

November 24, 2009 Susan M. Brown’s Exhibit 5 her affidavit dated November 18, 2009 to file with her memorandum of law responding to Anna Nicole Smith’s Estate filing for contempt and sanctions against her and her law firm.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2685.

November 24, 2009 Brown’s Exhibit 6 which is a copy of the Joint Defense and Confidentiality Agreement with Virgie Arthur filed with Brown’s Response to Anna Nicole Smith’s Estate for Motion for Contempt and sanctions. Brown refers to this in her Memorandum of Law and in her affidavit.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2686.

November 24, 2009 Brown’s Exhibit 8 which is an Affidavit from Neil McCabe on behalf of his client dated November 8, 2009 stating that no person representing his client Virgie Arthur or associated with the law firm made any copies of the hard drives or kept anything from the hard drives and the law firm has respected and kept the common defense and confidentiality in tact at all time.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2687.

I did not put up Exhibit 7 since it is a black and white picture of the hard drives that BDK, Virgie Arthur’s expert in the state suit and we already have a color copy of the same 2 hard drives up in this section and I will link it tomorrow when I do an article on all of this.

November 24, 2009 Brown’s Exhibit 9 which is an affidavit from Teresa Lazzaroni dated Nov. 13, 2009 explaining to the Court how her client Susan M. Brown had kept working copies only of the things contained on 3 flash drives turned over to the Estate attorneys for Anna Nicole Smith and how Brown had paid for her hard drive to be destroyed as requested by Lin Wood during her deposition.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2688.

November 24, 2009 Brown’s Exhibit 10 a copy of the letter from Susan M. Brown to Neil McCabe dated September 25, terminating the Joint Defense and Confidentiality Agreement with Virgie Arthur ONLY on G. Ben Thompson not with Ford Shelley.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2689.

November 24, 2009 Court Order for the South Carolina federal Court allowing Susan M. Brown to withdraw as attorney of record for G. Ben Thompson effective the same date.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2690.

November 24, 2009 Court Order for the South Carolina federal Court issued by agreements of the parties to give G. Ben Thompson time to file a Response to the Motion for Contempt and for Sanctions until November 30 pending against him and for Melodie Thompson, Gaither Thompson III, and Gina Thompson Shelley until November 30 to file their Response to being added as parties.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2691.

November 24, 2009 Susan M. Brown’s Response and Objection to Ms. Brown and her law firm being added to the lawsuit in South Carolina and against the Estate of Anna Nicole Smith filing an Amended Complaint adding her and her firm.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2692.

November 24, 2009 Exhibit 1 which is a letter from Nicole Jennings Wade dated November 29, 2007 verifying that Susan M. Brown did have the hard drives and the only hold up in returning the copies to the Estate was a concern of removal of some of Ford Shelley’s personal files which Ms. Wade assured Ms. Brown the IT department could easily do that once the hard drives were brought to their offices.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2693.

November 24, 2009 Exhibit 2 which is a letter from Nicole Jennings Wade dated September 18, 2008 stating that some of the documents produced by Ford Shelley in response to the Stern – Cosby litigation be returned to their office that Shelley not contact Howard K. Stern again and that they are still waiting for the hard drives to be return so they could meet production requirements for the Estate in the New York pending lawsuit.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2694.

November 24, 2009 Brown Exhibit 4 Copy of Subpoena to Virgie Arthur’s expert BDK dated February 13, 2009 in this case about the hard drives that BDK examined under the Common Defense and Confidentiality between G. Ben Thompson, Ford Shelley and Virgie Arthur.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2695.

I did not put up Exhibit 3 since it is a black and white picture of the hard drives that BDK, Virgie Arthur’s expert in the state suit and we already have a color copy of the same 2 hard drives up in this section and I will link it tomorrow when I do an article on all of this.

©Rose Turner
November 30, 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, BDK computer Forensic, Callendar's Law Firm in the Bahamas, Celebrity Trials, Daniel Smith, Dannielynn, Don Clark ex-FBI, Elizabeth McNamara, Elizabeth McNamara Esq., Estate of Anna Nicole smith, G Ben Thompson, Gathier Thompson III, Gina Thompson Shelley, High Profile Trials, Horizons in the Bahamas, Howard K Stern, L. Lin Wood, Lin Wood, Luke Lantta, Melodie Thompson, Michael Scott of Callendar's Bahamas, Neil McCabe, Nicole Jennings Wade Esq., Pro Pinder Esq. Bahamas, Rita Cosby, Stancil "Ford" Shelley, Susan Brown LLP Atlanta Georgia, Susan M. Brown Esq., Teresa Lazzaroni Esq., The O'Quinn Law Firm, Tracy Ferguson Esq., Tracy Ferguson of Callendar's Bahamas, Virgie Arthur, Wayne Munroe Esq. Bahamas

G. Ben Thompson missed the filing date the Court set of November 3 for his mandatory filing of the Rule 26 f of initial disclosures, also Howard K. Stern’s attorney pointed out that due to Thompson’s attorney being ill they had not been able to hold the required conference via phone.

The Court approved Susan Brown to represent Ben Thompson. Howard K. Stern has attorneys approved for Pro Hac Vice status, including Lin Wood, Luke Lantta, Nicole Jennings Wade of Powell Goldstein as well as his South Carolina attorneys.

The best reading in my opinion is the Rule 26f filings required by the Court of which to date Ben Thompson has not answered. Ford Shelley lists only 3 witnesses, himself, his wife Gina Shelley and Howard K. Stern. However, in Shelley’s rule 26-3-a local rule filings, he lists only himself and his wife Gina Shelly as witnesses or persons that have information relevant to these allegations.

What caught my eye was the list of people who have possessions of some of the items alleged to have been taken out of Horizons the day after Anna Nicole Smith’s death.

1. Defendant Shelley has possession of a copy of a clown video.
2. All documents and tangible items related to litigation in the Bahamas which are in possession of the Bahamian authorities.
3. All documents and tangible items in possession of the California Department of Justice as to any investigation relating to Ms. Smith.
4. All documents and tangible items in possession of co-defendant Ben Thompson and/or his agents.
5. All documents and tangible items in possession of Larry Birkhead and/or his agents.

Which leaves the question of who has the ORIGINAL copy of the infamous Clown Video?

Howard K. Stern’s filing is a tad more revealing about where Stern’s team is going. In his required Rule 26-f list of the following witnesses.

(1) Howard K. Stern
(2) Larry Birkhead
(3) Pol’ Atteau
(4) Rita Cosby
(5) Don Clark
(6) Wilma Vicedomine
(7) Stancil “Ford” Shelley
(8) G. Ben Thompson
(9) Tom Pirtle, on of Virgie Arthur’s Texas lawyer at the burial hearing
(10) Tracy Ferguson an attorney that is part of Callendar’s in the Bahamas that G. Ben Thompson is suing.
(11) Gaither Thompson
(12) Melanie Thompson
(13) Gina Shelley
(14) Representatives of Fox News
(15) Representatives of Biscayne Professional Associates (possibly the company that imaged Anna Nicole Smith’s computers and hard drives when the Estate recovered them)

Howard K. Stern lists several Counts that make the basis of the Estate’s case against Ford Shelly and Ben Thompson and a couple caught my attention.

Count Three: Statutory and common law commercial appropriation of right of publicity:

Under California law, the right of publicity survives the death of a celebrity. Thus, any person who uses a deceased person’s name, voice, signature, photograph, or likeness, in any manner . . . without prior consent from the executor of the deceased person’s estate commercially misappropriates the deceased person’s right of publicity. Cal. Civ. Code § 3344.1.

There can be no dispute that Ms. Smith held a fully descendible right of publicity
in her Estate property. See Cal. Civ. Code § 3344.1. Further, Shelley has admitted to removing documents and materials from Horizons after Ms. Smith’s death. There is no question that these documents and materials are owned by the Estate. Further, there is no dispute that these items removed by Shelley contained Ms. Smith’s name, voice, signature, and photograph. Shelley used the property by, among other things, distributing it to third parties, including media entities. Shelley had no prior consent from the Executor to use the property he stole from Horizons.

Count Six: Violation of the Computer Fraud and Abuse Act:

Whoever knowingly causes transmission of a program, information, code, or command, and as a result of such conduct, intentionally causes damage without authorization, to a protected computer; intentionally accesses a protected computer without authorization, and as a result of such conduct, recklessly causes damage; or intentionally accesses a protected computer without authorization, and as a result of such conduct causes damage and Forensic analyses confirm that Shelley copied and deleted files contained on the password protected computers and external hard drives owned by the Estate, which Shelley unlawfully removed from Horizons. Shelley lacked authorization to access the computers and external hard drives. Shelley’s conduct caused damage and losses in excess of $5,000 in a one-year period. causes losses of at least $5,000 in a one-year period, violates federal statute. 18 U.S.C. §1030(a)(5).

Forensic analyses confirm that Shelley copied and deleted files contained on the
password protected computers and external hard drives owned by the Estate, which Shelley unlawfully removed from Horizons. Shelley lacked authorization to access the computers and external hard drives. Shelley’s conduct caused damage and losses in excess of $5,000 in a one-year period.

Stern’s Local Rule 26-3-a, lists most of the same witnesses with the exception of Wilma Vicedomine which leads to ask when and why did she become involved with Ben Thompson and Ford Shelley?

Howard K. Stern’s lists the following evidence and documents in the same disclosure that he and/or the Estate (Dannielynn Birkhead as the sole heir) might use to prove the claims.

The following categories of documents in the Executor’s possession, custody, or control may be used to support his claims:

(1) All documents referred to in the Complaint.
(2) Documents relating to the investigation into Defendants’ unlawful conduct in the Bahamas.
(3) Media interviews of Defendants.
(4) Communications between Defendants and third parties regarding the factual circumstances that form the basis for the allegations in the Complaint.
(5) Deposition transcripts of third parties in other litigation regarding the factual circumstances that form the basis for the allegations in the Complaint.
(6) Forensic analyses of Ms. Smith’s computers.
(7) Communications from counsel for Defendants which support the factual basis for the allegations in the Complaint.

So folks why did Ben Thompson miss the date of November 3 and has not notified the court or ask for an extension due to one of his lawyers being ill? Who edited the Clown Video and who has the original now? Why is Tom Pirtle listed, but the rest of Virgie Arthur’s legal team in Florida are not? Then we have Don Clark on both disclosures but Wilma Vicedomine as the lone separate person missing in one of the filings.

Could the Clark/Vicedomine investigation lead us from California, to Florida, to New York to South Carolina in the alleged attempts to have Howard K. Stern arrested and tried for something, anything it appears if the filings are to be believed.

Remember you can pick up all of the documents related to the Estate of Anna Nicole Smith suing Ben Thompson and Ford Shelley, opened to ALL, not just members of Rose Speaks.com.

In other news on November 4, 2008 Court Order from Florida that Postpones the Requirement of John O’Quinn and the O’Quinn Law Firm financials until November 10, 2008 the deadline for the two sides to file a Joint Motion to Dismiss with Prejudice.

©Rose Turner
November 5, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

This article is the sole property of Rose Speaks unless otherwise stated. This article as with other articles is based on the opinion of Rose Turner, or our guest authors if so indicated. Please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this article are the opinions and sole property of the site members and do not necessarily reflect those of the site owners.

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

Tags: Anna Nicole Smith, Anna Nicole Smith's Will, Ben Thompson, Biscayne Professional Associates, California Department of Justice, Clark/Vice investigation, Daniel Smith, Dannielynn, Don Clark, Don Clark ex-FBI, Ford Shelley, FOX News, G Ben Thompson, Gaither Thompson, Gina Shelley, Horizons, Horizons in the Bahamas, Horizons lawsuit, Howard K Stern, John "Jay" Patton, John Patton, L. Lin Wood, Lin Wood, Luke Lantta, Melanie Thompson, Nicole Jennings Wade, O'Quinn's Don Clark Ex-FBI, Pol' Atteu, Rita Cosby, Stancil "Ford" Shelley, Tom Pirtle, Tracy Ferguson of Callendar's in the Bahamas