Howard K. Stern’s lawyers, Steven H. Sadow and J. Christopher Smith, filed a seven-page court filing asking that that the two felony conspiracy charges, of which Howard K. Stern was convicted of on October 28, 2010, be dismissed stating that; “There is no substantial evidence to support guilt.’

Sadow and Smith contend that; “The district attorney selectively targeted Howard K. Stern for prosecution,” although “using so-called ‘false names’ on medications intended for well-(known) celebrities is common practice in Los Angeles to protect privacy, and prescribing doctors, much less third parties, have never been criminally prosecuted under the false name statutes.”

For what appears to be a safety net the defense team filed a separate Motion with Judge Robert Perry which asks the judge to grant a new trial for Stern or to reduce the charges to misdemeanors.

Stern — who had been Smith’s boyfriend, confidant and attorney — was acquitted of seven other charges, including unlawfully prescribing a controlled substance.

Dr. Khristine Eroshevich, a psychiatrist who had lived next door to Smith in Studio City, was convicted of two conspiracy charges and one count each of unlawfully prescribing a controlled substance and unlawfully obtaining a prescription by giving a false name.

Stern was never charged with Smith’s Feb. 8, 2007, accidental drug overdose death in Florida at age 39.

Stern and Eroshevich are due back before Judge Robert J. Perry for sentencing on Jan 6, 2011.

Sandi Gibbons of the District Attorney’s Office say Stern and Eroshevich could face anywhere from probation to about three years in prison.

November 30, 2010 Howard K. Stern’s Invite/Request to Dismiss Felony Convictions

November 30, 2010 Howard K. Stern’s Motion to change felony convictions to Misdemeanors or in the alternative for a New Trial.

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©Rose Turner
November 30, 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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Tags: Anna Nicole Smith, Beverly Hills, Brad Brunon, Bradley Brunon Esq., Bradley W. Brunon, Celebrity Trials, Daniel Smith, Dannielynn, Defense attorney Chris Smith Esq., Deputy District Attorney Renee Rose, district attorney selectively targeted Howard K. Stern, Dr. Khristine Eroshevich, Dr. Khristine Eroshevich psychiatrist, High Profile Trials, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith, J. Chris Smith Esq., J. Christopher Smith, J. Christopher Smith Esq., Judge Robert J. Perry, Judge Robert Perry, L. A. District Attorney's Office, L. A. Superior Court Judge Wesley, lived next door to Smith, Los Angeles, Los Angeles Superior Court, Los Angeles Superior Court Judge Robert Perry, Motions filed in Howard K. Stern criminal trial, reduce charges to misdemeanors, Sandi Gibbons, Steve Sadow Esq., Steven H. Sadow, Studio City, Top Criminal Defense lawyer Steven H. Sadow, Virgie Arthur

Today begins the final arguments in the Anna Nicole Smith drug trial in California of Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor. However did Steve Sadow make a giant strategy error?

It appeared that Judge Robert Perry was on the same page and agreeing with the defense team of which Steve Sadow has become the de facto lead attorney although he only represents Stern.

We have read for weeks where Judge Perry was upset with Deputy District attorney Renee Rose and the rest of her team, many times stating he felt that the D. A.’s office was way over reaching in this whole trial and he was not sure if the D. A. office of Los Angeles had even reached the minimum bar of standard to pursue this case.

We have also read where it appears that each of the prosecution witnesses for the most part was turned into defense whiteness or in the case of the nannies that the bankrupt California paid what appears too many of us to be a mini fortune for “witnesses”.

With all of that going on anti Stern folks began to holler foul or this judge was “again bought off”, boy Stern must have a lot of hidden money to keep paying off judges in two different countries.

Based on the tone of the judge and the rulings he has made the defense suddenly announced at the end of the prosecution case they would not present a defense and would rest and go on to Motions to Dismiss and then final arguments. That caught everyone by surprise but made sense out of what we had been reading. Judge Perry appeared as I said to be on the same page as Sadow.

However last week after hearing multiple Motions to Dismiss and by his own ability to revamp the charging document, Judge Perry dismissed a large amount of the charges and strictly told the Renee Rose to simplify the charges because otherwise it would look like confusing the jury or even abusing the jury. Judge Perry went on to say this is only one of the 3 worse cases he had ever heard in his hundreds of criminal trials during his career.

Here is the sticky point did Steve Sadow at that time make a mistake that could cost his client and the two doctors dearly? When Judge Perry said this should all be misdemeanors Sadow agreed, but then Sadow went one step forward further and pointed out to the Court that once the felonies were stricken by the court then the misdemeanors had to be dropped because they had not been pursue due to the statute of limitations. At which time the AP said Judge Perry answered, “I had not thought of that”.

Thus at the end of last week, Judge Perry left at least one felony charge against Stern and multiple felony charges against Kapoor and Eroshevich. Was Sadow as an officer of the court obligated to tell the judge about the statute of limitation or did he make an error in strategy? From his last minute argument that to go forward even if the judge overruled the jury verdict it would still cost his client his law license and both doctors their medical records. Judge Perry seemed to be unmoved by this argument and returned to what most criminal presiding judges said that he felt that cases should be decided by a jury. That to me was not unexpected, how would you like to be a juror that gave up over two months of your life, to have the judge say “never mind”.

So today as the final arguments go forward many of us are amazed that happened and wonder what the jury will decide, unless Stern buys them off also, (said with tongue in cheek cause I don’t think he has the money to pay anyone off, nor would any of his lawyers ever be a part of that).

The final arguments are going to be tense, but remember Judge Perry is the one that gives the jury the final instructions and plenty of judges in the past has used that point to express such narrow scopes and tone of voice that a jury will “get it”, or have they already?

SStay tune here at Rose Speaks.com for updates throughout today.

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.

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©Rose Turner
October 4, 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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Tags: Anna Nicole Smith, Assistant Deputy Attorney Renee Rose, Brad Brunon Esq., Bradley Brunon Esq., Celebrity Trials, Chris Smith Esq., Criminal Judge Perry California, Daniel Smith, Dannielynn, Deputy District Attonrey Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Ford Shelley, G Ben Thompson, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., Judge Robert Perry, Los Angeles Superior Court Judge Robert Perry, Renee Rose, Steve Sadow Esq., 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

Well, what a ride, the preparation for the inevitable, the trial of Howard K. Stern, Dr. Khistine Eroshevich and Dr. Sandeep Kapoor. It is August 4, 2010 and the “machine” is warming up! ….Dr. Sandeep Kapoor looked stressed and agitated, it will not be fun having his personal journals read aloud to the jury and the audience. His journals are mean spirited most of the time and just darn nasty. The dark side perhaps, but a little “bitchy,” if you know what I mean. Yet when you speak to him he comes across as friendly and caring, what he must be thinking? …Dr. Eroshevich looked as if she had run a marathon, her hair was not coifed as it was on most days and she looked a little ragged. She looked terrible as a matter of fact. At her age, to be going through this has to be taking its toll, unlike Kapoor, she is in her twilight years. …She too is a very compassionate person and loads of fun at times to talk to. …However, the doctors as they were presented to the jury by the prosecutor just seemed terrible. Go figure what were they thinking, why was not more effort placed in getting Anna to a re-hab center?

…Betty Ford was one that I had spent many days and weeks at making sure all went as planned. Sure the treatment facility had a plan, then so did my clients!

The defense got a huge break with the return of Judge Perry, during the pre-lim he did not seem to me to be happy that this case was coming down the criminal courts highway. …Sadow however seemed to be a hit with both judges, it is that dam “Steve Factor.”

Ms. Virgie Arthur entered the courtroom at 8:35 A.M. She was nicely dressed and she too seemed comfortable and focused. She held the hand of a gentleman who I am assuming was her husband, she sat a few seats from where I was sitting. …Quiet and patient, she was there to watch and listen to those who are charged in preparing her daughter for the afterlife.

The jury entered the courtroom at 9:47 A.M. and it looked to be a good cross section of our society. This was there big “debut,” the group who would either “set ‘em free or drop the court house on ‘em.”. …Why was this not done in Florida? The Bahamas? …they come across as being sinister and conniving if you believe the prosecution…there is so much more!

Prosecutor Rene Rose was on top of her game… She is good at her job and she is tough, I felt that her presentation and cadence was right on. Steve Sadow was nothing less than fabulous, this is what this guy was meant to do. He is interesting and the good ol’ boyish in his delivery had the jury’s attention…

Much was made of the ‘names’ that were used in the course of making sure Anna stayed medicated. The name that just kept coming was “Michele Chase,” over and over again this alias was used. Hmmm I am reviewing my notes, but I recall that this was a name used by a male who would sometimes “cross dress,” and was associated with Anna Nicole Smith & Co. For many years I would visit the ‘Queen Mary’ in Studio City, California, it was owned by one of my very good friends Robert Juleff. This place was a show place with live shows of female impersonators and in the very back was a very special bar. Robert would tell me that on a busy night you could go back there and find lawyers and perhaps a judge or two, depending on what night of the week. …Michele Chase will live on forever in the Anna Nicole Smith story.

Here is my prediction, Howard K. Stern will walk, he has a great lawyer, Steve Sadow is going to have this jury eating out of his hand. Dr. Kapoor I am not sure, on paper he looks just terrible, but he too has one of the best lawyers out there, Ellyn Garafalo, she is different and has a very no nonsense attitude. For Dr. Eroshevich who is on lawyer 3 or 4, she has lots of hurdles to get over and at her age it won’t be easy getting over them. Not sure how much the prosecution will get into in all of her baggage, but most is not good. …And in saying that, she is the only one who never made a dime on her relationship with Anna Nicole Smith, it cost her money to hang around and be a “doctor!” And in the end, it may cost her including her entire career (deals are good, too bad, we hope you enjoy the view).

We will be reporting in and out on this trial as time will allow and we at DesperateExes.com wish all three of these people the best of luck…..and for those who will testify against Howard K. Stern, wear a vest and a safety belt as Sadow is going to rock your world”…and ‘”Michele,” where is my lipstick?

Be sure to read the rest of this rather sad opening at Desperate Exes.com. We have been very fortunate to have developed a good exchange between Rose Speaks.com and Desperate Exes.com over the last three years.

http://desperateexes.com/2010/08/05/stern-eroshevich-and-kapoor-trial-begins/

©John J. Nazarian
August 5, 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, Big Moe, Bonnie Stern, Celebrity Trials, Daniel Smith, Dannielynn, Desperateexes.com, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ellyn Garofalo Esq., High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Honorable Robert L. Perry, Howard K Stern, J. Chris Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, Los Angeles Superior Court Judge Robert Perry, Maurice "Big Moe" Brighthaupt, Steve Sadow, Steve Sadow Esq., Virgie Arthur

Court started at 8:30 AM this morning, October 15, 2009 on day three of the preliminary hearing in Los Angeles California. First up is the cross examination by defense attorney Steve Sadow of yesterday’s star prosecution witness, Maurice, “Big Mo” Brighthaupt. That has been listed by many court observer as taking up the full morning for the most part.

After lunch the question is will Larry Birkhead, appear, he will be pro Howard K. Stern but might be hostile to Dr. Kapoor and Dr. Eroshevich. Adam Braun, attorney for Eroshevich, said he might attempt to have Birkhead’s testimony postponed because he had just received an audio tape from the state of Birkhead’s interview with them and has not had time to fully examine it.

The state is keeping their cards close as to what witnesses will be appearing on which days. There are hints around the courthouse that Superior Court Judge Robert J. Perry may shut down the preliminary hearing early next week. He is showing some impatience often heard saying, “This is not murder trial” and “Whose fault is it that somebody takes too many pills?”

I keep going back to why a public preliminary hearing which is a basic walk through preview of what might come up at trial, in lieu of a Grand Jury which the outcome would have been a finding of enough evidence to go to trial. They both, I am told, end up at the same place so why this, and not the close door hearing?

Maurice, “Big Mo” Brighthaupt, one of Anna Nicole Smith’s body guards, I am told by one court observer, came across as very believable and would be hard to shake from his testimony yesterday. Let’s see how this plays out with Steve Sadow, Howard K. Stern’s lead attorney who took charge first thing this morning.

We don’t know if Don Clark is still in California as a “material hostile witness” for Howard K. Stern, but Neil McCabe is now back in Houston to our understanding. However, we have not been able to confirm that. Neil McCabe we can now confirm was not in court yesterday and has not been seen in court today. We have now been able to confirm for you that both Don Clark and Neil McCabe are back in Houston today.

LOS ANGELES — The AP is reporting that; “A judge has barred testimony about an alleged sexual relationship between Anna Nicole Smith and a female doctor accused of providing her with excessive medication.” Prosecutors attempted to question Smith’s former bodyguard Thursday about an alleged relationship between the late model and Dr. Khristine Eroshevich. Los Angeles Superior Court Judge Robert Perry shut down the line of questioning, saying he didn’t think it was relevant.

UPDATE ONE AND BOMBSHELL ONE FOR TODAY: Maurice, “Big Mo” Brighthaupt is still testifying for the prosecution and has stated it was Larry Birkhead that furnished Anna Nicole Smith with Ecstasy and champagne to wash it down, at the Music awards in 2004. Mo further testified that every time he took the champagne away from Anna Nicole, Birkhead replaced it with a new glass full. It will be later today before Steve Sadow, Stern’s lawyer can try to chip away at that. What will this do to the “boy next door” image of Dannielynn’s father? The court is out on it’s morning break right now and it appears that at least one more Assistant D. A. is coming into court with notes if not to remain for testimony following the break.

UPDATE TWO: Good chance that Larry Birkhead will not testify today. As Maurice “Big Mo” Brighthaupt continues his slamming of all of the defendants except Dr. Kapoor, it appears the defense is not going to get a chance to question him today. This day has been consumed for the most part by Assistant D. A. Renee Rose ongoing examination of “Big Mo”. If Steve Sadow begins today he will not finish today, which pushes Birkhead back to testifying tomorrow, if he appears at all. Why is the sensationalized site of TMZ.com not carrying anything about “Big Mo” testifying today against Birkhead and the drugs swigged down with champagne or for that matter his apparent willingness to testify against Dr. Eroshevich about her alleged possible affair with Anna Nicole Smith? However, at other times it seems that “Big Mo” wants to then take up for Dr. Eroshevich at times in his testimony saying she was concerned for Smith also and even gave Smith placebos.

UPDATE THREE: Larry Birkhead is in the courthouse, briefly walked into the court room and then just left again, not sure why. Stay tune we don’t know if Mo’s cross examination is finished and if so what Sadow was able or willing to do without showing his full hand before the trial which is now predicted to being going to start in February or March 2010, still trying to verify that.

UPDATE LAST FOR TODAY: “Big Mo” will be back on the witness stand tomorrow morning for redirect examination by L. A. assistant D. A. Renee Rose; that is expected to last for 1 to 1 & 12/ hours. That will be followed by Larry Birkhead beginning at about 10 AM tomorrow on day four of the Howard K. Stern, Dr. Kapoop and Dr. Dr. Eroshevich.

Keep up with Rose Speaks throughout the day tomorrow as we bring you the up to minute happening in California in the Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich preliminary hearing, we have several court watchers rotating in and out of the court room giving us the feel of the court, I am sure each one will have that person’s personal take of this.

©Rose Turner
October 15, 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: Adam Braun Esq., Anna Nicole Smith, Anna Nicole Smith body guard Big Mo, Anna Nicole Smith Estate, Assistant D. A. Renee Rose, Big Mo, Big Mo Brighthaupt, Celebrity Trials, Chris Smith Esq., Daniel DiCriscio, Daniel Smith, Dannielynn, Don Clark, Don Clark ex-FBI, Dr. Eroshevich, Dr. Kapoor, Dr. Khris, Dr. Khris Eroshevich, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ford Shelley, Ford Shelly, G Ben Thompson, Gaither Thompson, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, Los Angeles Superior Court Judge Robert Perry, Maurice Brighthaupt, Maurice “Big Mo” Brighthaupt, Michael Trope Esq., Moe and Tas Brighthaupt, Neil McCabe, Renee Rose, Renee Rose Esq., Renee Rose L.A.D.A office, Rose Speaks, Stancil "Ford" Shelley, Steve Sadow Esq., Tas Brighthaupt RN, The O'Quinn Law Firm, TMZ.com, Virgie Arthur