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

In the Original Complaint filed August 4, 2008, the executor of the estate for Anna Nicole Smith, Howard K. Stern, filed that this suit “is an action for compensatory, equitable, and punitive relief arising from actions taken by Defendants with respect to personal property”. However, the Answer filed on September 16, by G. Ben Thompson is stating his “Answer and Affirmative Defenses to Plaintiff Howard K. Stern’s Complaint for Libel (the Complaint)”. I am not sure of the strategy behind this Answer and the ignoring of the Estate’s claim of wrongful taking of property and Thompson and saying it is about the fact that G. Ben Thompson did not “commit Libel” against Howard K. Stern.

Many of us watched Entertainment Tonight as Ford Shelley along with the John and Jane Does he used to help him remove all of Anna Nicole Smith’s, Dannielynn and Howard K. Stern’s possessions and then had the locks changed to her [the Horizons] house. Ford Shelley’s statement was that Anna had asked him to remove these items upon her death.

We then watched ET again as Howard K. Stern returned home to find the house pilfered with a note attached to a Lampshade explaining who had been there and why.

Pol’ Atteu’s statement, in the article of May 18, 2008, during his interview here at Rosespeaks.com talks about the day Ford Shelley removed all of these possessions from Horizons. “That’s one of the hardest things Pol’ ever had to do: stand there and watch them pillage Anna’s home. At the time, there was NO establishment of residence in place. Technically, there was no LEGAL way to stop Ford Shelley and crew from doing what they did. While that was going on, an attorney for Howard, Wayne Munroe, was in court to get a court order to get the house back, which would have prevented Ford and crew from doing what they did. Pol’ was outside with the Police waiting, so even if he wanted to do something, he couldn’t. It was the most helpless feeling. And, to make it even worse afterwards and walk in to see what a disheveled mess was left behind. Once those court orders were in place, Pol’ had the locks changed to prevent them from coming back and then immediately went to the Bahamas Police Station to file the theft report.”

One by one we again watched as the media exploited all of Anna’s stolen personal videos that had been altered to show both Anna and Howard in a very bad light. Geraldo, Greta and Nancy Grace couldn’t get enough of Anna Nicole Smith’s very private life and her personal struggles.

G. Ben Thompson’s Answer is fairly typical of most Answers in federal court I have read in regards to the Original Complaint. That is except right off, G. Ben Thompson states instead of “libel” that he is denying anything in the Complaint that “implies or infers any liability on his behalf for any alleged damages had by the Estate of Anna Nicole Smith”.

The Answer contains statements of, “Defendant admits the allegations”; “Defendant denies knowledge or information sufficient to form a belief as to the truth or falsity of the allegations contained…” and “The Defendant denies the allegations.” It is better reading if you put the Original Complaint of the Estate next to G. Ben Thompson’s Answer to get the gist of what each is saying. [Stancil] Ford Shelley’s Answer is due on September 29, per the stipulation agreed to by the Executor of Anna Nicole Smith’s Estate.

Among the things that stuck out to me in Ben Thompson’s Answer was number 18 in which Thompson says, “Defendant denies the allegation “…that Ms. Smith maintained a home in the Bahamas known as Horizons, but admit[s] the Defendant owns a home in the Bahamas known as Horizons that Ms. Smith was permitted to live in”. Most of us remember that Ben Thompson dropped any claims of ownership to Horizons when he sued his previous attorneys in the Bahamas, the bank, the previous owner of Horizons, and the Estate of Anna Nicole Smith [Dannielynn] in the Bahamas in August 2007.

Thompson denies all of the following: The dispute first arose after the death of Ms. Smith’s son, Daniel, on September 10, 2006. Thompson had an eviction notice served on Ms. Smith on October 20, 2006, the day after the funeral of Ms. Smith’s son, Daniel. In mid-November 2006, Thompson had the power at Horizons turned off while Ms. Smith was in the home with her newborn daughter. However, Thompson admits in his Answer that, “in October 2006, Ms. Smith sued Thompson over ownership of Horizons, and Thompson filed a counterclaim against Ms. Smith. On November 20, 2006, the court in the Bahamas entered an injunction (the “Injunction”) against Thompson and his agents, which prohibited Thompson and his agents from entering Horizons.” Thompson goes on to say he is not sure if the Injunction was posted at the all entrances of Horizons, but denies he ever had “publicized the contentious dispute with Ms. Smith in the international media, including holding a press conference in early November 2006”. [See photo with article note that Bahamian attorney Knowles is in the photo at the news conference], wonder when this press conference was held in the Bahamas? Thompson goes on to deny that Ford Shelley and he “appeared on the Fox News Network (“Fox”) show On the Record with Greta Van Susteren, on January 30, 2007, to publicize the contentious dispute with Ms. Smith.” I wonder why he would try that “don’t believe your lying eyes”, as Geraldo, said during many interviews with Shelley and Thompson. Following that in any of the allegations of Shelley going into the house or interviews following that alleged break in, Thompson states that, “[he] Defendant is without sufficient knowledge to admit or deny the allegations”.

One of the most interesting denials in Thompson’s Answer is that Ford Shelley and others DID NOT take the tape now known as the “Clown Video”, doesn’t that kind of make that tape useless to Geraldo the AG of California and others if that chain of possession is broken by “I don’t know nothing about no clown video”? Another interesting thing is how did the tape that was the dispute of Horizon’s between Ford Shelley and Anna Nicole Smith that we have all seen make it on to Greta’s show if no one took it, did it fly itself into the hands of the show’s producers in time for Shelley and company to appear with it? Thompson also, had NOTHING to do with the taking and releasing of those pictures with Shane Gibson as well as the calls that were released later of Gibson calling Anna Nicole Smith when she was in California, so who did. Thompson also denies that there is any ongoing investigation in the Bahamas over the break in of Horizons and the taking of any personal property of Anna Nicole Smith. If not Thompson via Shelley then why was Shelley at the dentist and could not talk to Bahamian officials when they came to Myrtle Beach to talk with him? On the other hand, was the investigation closed after Thompson and Shelley’s testimony at the Inquest? Thompson does admit some items of Ms. Smith began to appear in the media, however [Thompson], denies knowledge as to who released them to the media or how they were obtained.

Thompson denies that [Ford] Shelly provided the Clown video to various media outlets. So if not Ford Shelley to Greta and Geraldo as Shelley appeared on those programs either in “crocodile tears” or at other times in “outrage” over how his “good friend” Anna Nicole Smith had been done wrong by Howard K. Stern, then how did those alleged edited tapes find their way into the media hands? That leads to another question, of why did friends of Ford and Gina Shelley remember being in the “Clown Video”? Why did they remember being around the pool in the blurred out part that appeared on Geraldo’s show in October 2007 along with Ford Shelley? This show allegedly was done right before Shelley was flying right out to give that video to the DOJ of California or the FBI.

Thompson is not sure about whether Ford Shelley shared items taken from Horizons with the media because Thompson “denies knowledge or information sufficient to form a belief as to the truth of the allegations.” However, Thompson is sure that Shelley never falsely asserted during “media appearances that he had returned some of the Estate property to the Horry County, South Carolina authorities, or that Shelly falsely asserted that he had returned all Estate property in his possession to those authorities”. So is Thompson in a round about way is saying they still have some of this property, but he is unsure if it was ever taken?

Thompson denies that, “Stem has consistently demanded that Shelley return all property in his possession belonging to the Estate to Stem’s attorneys in Atlanta, Georgia”. Thompson denies that, “On or about May 22, 2007, in blatant disregard of Stem’s demands that Estate property be returned to Stem’s counsel only, Shelley delivered certain Estate property to Larry Birkhead (“Mr. Birkhead”), the father of Dannielynn Birkhead, who is Ms. Smith’s daughter, in Kentucky.”

Thompson denies that, “Shelley knowingly caused the transmission of the “copy” and other commands to a protected computer, and as a result of such conduct, intentionally caused damage without authorization. Shelley intentionally accessed a protected computer without authorization, and as a result of such conduct, caused damage.” That is reminiscent of the USA vs. Lori Drew criminal case isn’t it?

In Thompson’s “Affirmative Defenses” Thompson states in part that, “By alleging the Affirmative Defenses set forth below, The Defendant is not in any way acknowledging or conceding that he has the burden of proof for any issue as to which applicable law places the burden on Plaintiff. Plaintiff’s claims are barred, in whole or in part, by the doctrine of un-clean hands. The statements complained of in the Complaint are privileged under the common law. The actions complained of concern a public figure and were published without the applicable degree of fault, including without negligence, gross irresponsibility, actual malice, or fault of any kind. Plaintiff’s claims fail because any injury or damages suffered by Plaintiff, which injury or damages The Defendants expressly deny, were proximately or directly caused, in whole or in part, by the actions of Plaintiff, or by the actions of others over whom The Defendants had no control.”

Pick up a copy of the Original Complaint and the Answer of G. Ben Thompson in our download section, open to ALL, not just members of Rose Speaks.com and tell us what you think of the September 16 Answer filed by Thompson.

The new password protected blog for this article provided to regular posters who have expressed concern about their posts being c/p to other forums is at this link.

©Sunflower and Rose Turner – coauthors
September 20, 2008
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the authors.

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, and/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, Ben Thompson, Daniel Smith, Dannielynn, Ford Shelley, G Ben Thompson, Geraldo At Large, Greta -On The Record, Greta Van Susteren, Horizons, Horizons law suit, Howard K Stern, L. Lin Wood, Lin Wood, Nancy Grace, Patrik Simpson, Pol' Atteu, Pol' Atteu and Patrik Simpson, Rita Cosby

It has been passed around in court filings from last June in California, to Florida, to New York that Mark Speer(s), a/k/a Speer, Spear and Spears, seems to have almost as much connection to all of the lawsuits in differing jurisdictions as does Wilma Vicedomine, which leads to the question of why?

In the California dueling banjos of the Birkhead sues Opri sues Birkhead cases there are a few facts they did agree on. The main one being that a disagreement over money given to Opri on or about March 2, 2007, which ended up in her client trust fund, caused a disagreement on March 13 following a hearing in California.

After that the tale gets hazy, Larry Birkhead has always claimed he fired Opri on March 13, Opri has maintained she fired Birkhead on March 15 and released a statement stating that right before a hearing in the Bahamas on the morning of March 16, 2007.

Court Filings by Opri shows she filed on March 20, 2007 to be released as Birkhead’s attorney of record in California and that the court granted that on April 23, 2007.

We have many allegations if you all remember of whether Rita Cosby secured Opri for Birkhead and if Opri then released confidential information to Cosby as a thank you for the high profile client. That is a lot of he said, she said, except that Cosby does say in her book she did introduce them but did not know of any financial arrangements. Greta of Fox, during a L. A. Times article on the woes of Debra Opri did recount a conversation she had with Birkhead in September 2006 in which she said Birkhead told her Opri was going to represent him free. Opri, Cosby and Paul Barresi all agree they met and became friends during the Michael Jackson Criminal Trial in California in 1993.

Then there are all of those people in all of these suits, especially the lawyers of Cosby, Opri, Arthur tend to keep mentioning the Marshall monies Dannielynn might get one day, which seems to be an ongoing current in all of these cases and with all of these people.

In Opri’s filings, and statements made by both Ford Shelley and Ron Rale there was a meeting in Rale’s hotel room between Shelley, Birkhead and Howard K. Stern about funeral arrangements for Anna Nicole Smith as well as attempting to reach agreements on all disputed facts including Horizons and a private DNA test for Larry Birkhead. This meeting occurred the night of the last day of hearings in Florida in February 2007. However, until Cosby’s book was published that is the only meeting anyone has ever talked about other than Opri thanked Stern on the last day of hearings for Stern agreeing to allow Birkhead permission to see Dannielynn during Birkhead’s next visit to the Bahamas.

In Court Filings in California, Opri seems to “believe and states” that Birkhead and Harvey Levin of TMZ.com were “good friends”. Larry Birkhead bragged about that per Opri’s filings, including releasing her bill to TMZ.com, and it does appear that TMZ.com had the exclusive following Birkhead’s ten-hour deposition this week. So perhaps that allegation is true, after all it would appear that possibly TMZ.com might have bought some of Birkhead’s celebrity pictures over the years to me, what do y’all think?

Then comes the surprise why did John O’Quinn’s law firm claimed “privilege” on all third party correspondence that ended up with Wilma Vicedomine to “check out” but not those that ended up with the rest of the firm including Don Clark. Thus, the law firm released the long rambling email of Carolyn Herring, which several thought was hiney einy of Florida only after reading that email it is clear that Ms. Herring lives in Texas in the Dallas Fort Worth area. There is a long rambling correspondence with a Howard Lynn, which is just that. Then there are emails from a Joyce Cornwell of Florida that is interesting, as well as a nurse from Denton Texas offering her service “pro bono” to Virgie Arthur. Many of you have pointed out the interesting email from someone claiming to be with the Montel Williams show, which is interesting only in that Cosby ended up on that show with Don Clark and others selling her book in the fall of 2007.

There is a fan email from Marilyn Williamson of Fenandina Beach Florida, dated March 28, 2007. Ms. Williamson is proud to say she figured out John O’Quinn’s strategy in getting Howard K. Stern to file a slander suit against O’Quinn for the “m” word so O’Quinn could get jurisdiction over Stern in Texas, now that is an interesting email since it now appears to have a ring of truth to it.

However, I found three emails of particular interest, one from Virgie Arthur’s Bahamian lawyer, Debra Rose. That email states to Don Clark the following:

“Debra Rose wrote:

Don,
We are aware of the Bahamian connection; add to that the son of Roger Gomez, Roger Gomez, Jr., was recently an associate of the law firm of Lockhart and Munroe, Howard Stern’s attorneys.

DEBRA”

You have to wonder why O’Quinn did not claim attorney-client privilege on that one for Virgie Arthur.

But then there are some interesting letters and two very interesting emails, the letters are to and from Brian Cavanagh in Florida as well as the FBI in Miami asking for a more thorough investigation into Anna Nicole’s death.

The letter to the FBI states in part the following:

Dated April 16, 2007

“[A]n expert, Mr. David Liebman, a two time president of the National Association of Document Examiners, says the signature appears to be a forgery is also enclosed. Additionally I [Clark] have enclosed a copy of a magazine article that identifies the expert who says he believes the signature of the Will is a forgery.

Based on the investigation conducted by this law firm, the media and private citizens, we strongly believe that Anna’s death was anything but an accidental overdose. We believe that there should be a thorough investigation into Ms. Smith’s death, which would not be complete without including the circumstance surrounding the death of her son, Daniel smith, who died in the Bahamas on September 10, 2006 under almost identical circumstances…

Don Clark then names both DEA agents and telephone numbers in California that are conducting an investigation, Lisa Troncoso and Alma Tongson, as well as Jon Genens an “investigator” for the State of California Medical Board, are investigating the methods of procuring prescription drugs”.

Clark thanks SSA Patrick G. Brodsky, for taking the time and meeting with him [Clark] on “April 11, 2007 to discuss what I [Clark] believe to be severe mis-steps and incomplete investigations conducted by the Seminole Police Department”, (OUCH!), “surrounding the death of Anna Nicole Smith. I am available to provide you with any assistance I can to ensure justice is done as it relates to Ms. Smith’s death and the death of her son Daniel. I can be contacted at any time at the below numbers…”

Don Clark sends a CC to Valerie Parlave, Assistant Special Agent In charge, FBI, Miami Division.

Then we have the letter dated August 2, 2007 from Brian T. Cavanagh to Don Clark that states in part:

“August 2, 2007

From Brian T. Cavanagh

“…letter dated July 23, 2007, and our follow-up telephone conversation this week with a “representative of your firm”.”

No date but in response to the August 2, 2007 letter Don Clark makes some interesting statements.

Don Clark says in part “…However, I and others in the law firm do believe that the investigations was not conducted in sufficient depth to determine actual motives and more detailed actions of the individuals surrounding Ms. Smith from prior to her travels between the Bahamas and the Hard Rock Hotel on the Seminole Reservation. I [Clark] believe that a more detailed look into individuals associated with Ms. Smith and the actions of each of the individuals prior to her clinical time of death will produce different results.

…Frankly sir, we don’t question the coroner’s conclusion that Ms. Smith died of an overdose of various drugs, but we do question that her death was accidental. We find it extremely unbelievable that a person in Ms. Smith’s mental and physical condition, which has been established by witnesses and according to Howard Stern, was never left alone, could have the quantity of drugs found in her body as a result of ingestion or by using a syringe herself.

Below, is a partial list of individuals and what information they should provide. Some of the witnesses may require subpoenas. However, I believe their information is key to developing the whole truth surrounding Ms. Smith’s death.

Witness number 1 is Mark Speer.

Now in August of 2007 we seem to have a different story from Tas including “information regarding computers and cell phone activities”, as well as Moe, [which goes to Moe Moe tell us it ain't so did you sell out prior to Cosby's book], Dr. Khris and the Bahamian nannies…”

Don Clark goes on to say he is, “now prepared to meet with you and your staff for the purpose of providing you with additional information, names of potential witnesses and some pertinent documents, which I believe will provide sufficient probably cause to re-open the investigation into the death of Anna Nicole Smith.”

My question is if Mark Speer was so crucial to the investigation into the death of Anna Nicole Smith why throw Mark under the bus now in July 2008?

We have Mark Speer, connected to all things California, Florida, the Bahamas, and New York as a source for Cosby’s book and now when it appears he is not needed tossed under the bus to fend for himself. You ask why we know this happened to Mark? I suggest you pull the 2 emails from Mark Wilson dated March 20, 2007, the date that Opri filed to be removed as Birkhead’s lawyer in California, very interesting timing. Both emails from “Mark Wilson” are desperate to reach John O’Quinn to tell him he worked free with Opri and Birkhead and that he has important information for O’Quinn about a “SECRET MEETING”. In the second email dated the same day the “SECRET MEETING” is added as occurring at “HORIZONS” and that Dannielynn might be in danger and what he is willing to do and for free… WOW so many working free here. However, it is that secret meeting at Horizons, which found its way into Cosby’s book. Not to mention at her New York book signing party there was Mark Speer with Don Clark, John O’Quinn and Virgie Arthur all big smiles for the photo ops.

What is interesting is Mark Wilson also goes by Mark Speer, a/k/a Mark Wilson Speer etc., and that Mr. Wilson/Speer has been a member of Rose Speaks.com from almost the beginning or Rose Speaks.com. Even after we were hacked into in November and December 2007, Mr. Speer joined quietly again on January 22, 2008 under the name of Marcus, Ooooooopppppppppss we need to add that name to the many names of Mark Speer(s). On another interesting note, it appears we had or have a pending member that is actually Wilma. These things make you all snuggly to know these people want to be close to us including trying to join our new forums, doesn’t it?

Therefore, with this article the main site member list is NOW CLOSED to all except admins. That said we welcome both Mark and Wilma. Although I must say I would have more respect if you had joined with your “real name” like John Nazarian did, just my opinion. Oh and Mark, you have my email address feel free to contact me if you would like to chat.

The password protective blog is at this url: http://www.rosespeaks.com/rose-blog/?p=357.

©Rose Turner
July 25, 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: All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith’s Will, Anna Nicole’s Nannies, Celebrity Trials, Daniel Smith, Dannielynn, Debra Opri, Debunking the myths on ALL cases related to Anna Nicole, Don Clark, Don Clark ex-FBI, Dr. Kapoor, Dr. Khris, Greta -On The Record, Greta Van Susteren, Harvey Levin, Horizons law suit, Howard and Anna, Howard K Stern, John J. Nazarian, John Nazarian, John Nazarian PI, John O’Quinn, Lin Wood, Mark Speer, Nazarian, Nazarian P. I., Paul Barresi, Rita Cosby, Ron Rale, Rose Speaks, Rose Turner, rosespeaks.com, TMZ, Virgie Arthur, Wayne Munroe

TMZ.com has the story of Larry Birkhead being deposed for a full ten hours yesterday in the Howard K. Stern vs. Rita Cosby and Hachette Books. TMZ.com story highlights “How many times can a guy say he didn’t have sex with another guy?”

That most have been a crowded deposition, thus there I bet were Liz McNamara for Rita Cosby, both of Hachette Books lawyers including Douglas Maynard. There is no telling how many lawyers were there for Howard K. Stern, I would bet at least two for Stern, and of course Larry Birkhead and at least one of his lawyers, probably Michael Trope. Stern and/or Cosby also had the right to be there as parties of the suit.

Larry Birkhead has began to turn over subpoena documents on July 14 per the Letter changed to Court Order filed in the New York Federal Southern District and signed into an Order by Judge Chin on July 15. That letter turned Order did state that Birkhead had until August 6, to turn over those documents and a better privilege log for those documents he is not turning over.

Didn’t someone say he was not cooperating? Seems to me he must be if he volunteer for a 10 hour deposition when the federal rules for a fact witness is only 7 – 8 hours, so that blows that he is hiding anything. If I were Mr. Birkhead I would be a tad miffed that there were no phone calls from Rita Cosby to ask about “vetting” her book before it was published but he is now having to spend 10 hours with her lawyers as she attempts to squirm our of any “defamation with malicious intent”. I have to wonder if she is losing that battle slowing in this.

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©Rose Turner
July 23, 2008
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Tags: All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith’s Will, Celebrity Trials, Daniel Smith, Dannielynn, Debra Opri, Debunking the myths on ALL cases related to Anna Nicole, Don Clark, Douglas Maynard, Elizabeth McNamara, Harvey Levin, Horizons law suit, Howard and Anna, Howard K Stern, Jackie Hatten, Lin Wood, Michael Trope, Rita Cosby, Rose Speaks, Rose Turner, rosespeaks.com, TMZ, Virgie Arthur