It appears it was a very happy holiday season for the Thompson Family. On January 20, 2012 all felony charges were dismissed by the court at the request of the federal assistant D. A. against Gaither B. Thompson II and referred it to a lower court on misdemeanor charges. Ford Shelley remains out on bail while awaiting sentencing on one felony count.

November 9, 2011 Gaither B Thompson II Not Guilty Plea (148)
November 9, 2011 Court Order Setting Conditions of Release of Gaither B Thompson II (128)
November 9, 2011 Gaither B Thompson II Unsecured Bond Entered (111)
November 16, 2011 Gaither B Thompson II MOTION for Bill of Particulars (106)
November 16, 2011 Gaither B Thompson MOTION for Disclosure on Other Defendants (112)
November 16, 2011 Gaither B Thompson II MOTION for Discovery regarding other Defendants (117)
November 16, 2011 Gaither B Thompson II MOTION to Release Brady Materials (108)
November 16, 2011 Gaither B Thompson II MOTION to Sever Defendants for Trial (112)
November 17, 2011 Motion USA for Discovery Gaither B Thompson II (134)
November 23, 2011 RESPONSE in Opposition by USA on Gaither B Thompson II Motion Bill Particulars (116)
November 23, 2011 RESPONSE of Opposition USA to Gaither B Thompson II Motion Sever (107)

November 29, 2011 Court ORDER Ford Shelley Setting Conditions Release Before Sentencing (131)
November 29, 2011 Ford Shelley Plea of Guilty to one Felony Entered (133)
November 29, 2011 Ford Shelley Unsecured Bond Entered (117)
November 29, 2011 Ford Shelley WAIVER of Reading INDICTMENT (132)

November 30, 2011 Gaither B Thompson II RESPONSE to USA Motion for Discovery (125)

After that you have the typical back and forth of Motions for and Oppositions to Motions, the Court granted some of Thompson’s Motions and Deny some of the Motions. The Court also granted an Extension for trial until April 2012.

Then silence until you read the following Docket Notes as to a hearing on January 17, 2012 in regards ONLY to Thompson:

“NOTICE OF HEARING as to Gaither B Thompson, II Change of Plea Hearing set for 1/17/2012 02:30 PM in Florence #3, McMillan Federal Bldg., 401 W. Evans St., Florence before Magistrate Judge Thomas E Rogers III.

Minute Entry for proceedings held before Magistrate Judge Thomas E Rogers, III: Change of Plea Hearing as to Gaither B Thompson, II held on 1/17/2012 John Potterfield, Assistant D. A. for USA, present for USA. Defendant present with retained counsel, Reynolds Williams. Plea Agreement Accepted. Gaither B Thompson II (3) Guilty Count 1. Pre Sentence Report will be prepared by USPO. Defendant allowed to remain out on same bond pending sentencing.”

You “think” we have one guilty plea to one felony count as Ford Shelley had done and we will wait for sentencing but then after something happened between Thompson and the USA you have the following notes.

January 17, 2012 CONSENT TO PROCEED BEFORE US MAGISTRATE JUDGE in a misdemeanor case by Gaither B Thompson, II
January 17, 2012 PLEA AGREEMENT as to Gaither B Thompson, II
January 17, 2012 Guilty PLEA ENTERED as to Gaither B Thompson, II
January 19, 2012 MOTION to Dismiss Indictment by USA as to Gaither B Thompson, II.
January 20, 2012 ORDER granting Motion by USA to Dismiss indictment as to Gaither B Thompson II. Signed by Honorable Terry L Woboten

That was some fancy lawyering in my opinion! If you want any of the papers dealing with dismissing the felony charge against Thompson let us know and we will get them and put them up for you.

We encourage all of you to join other posters to discuss all of the cases we cover. Diamond Girl runs the community part of the site and remember discuss the evidence don’t attack other posters. If you read a post that upsets you just scroll past that comment http://community.rosespeaks.com/ I seldom step on the forums that belongs to the members and is in great hands with Diamond Girl and she will be having a robust discussion there that all of you are invited to join. However, as I do have time I enjoy reading and participating in the discussion.

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©Rose Turner
January 23, 2012
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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

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Tags: 401 W. Evans St. Florence South Carolina, Anna Nicole Smith, Assistant D. A. for USA, Ford Shelley, G Ben Thompson, Gaither B. Thompson II, Gaither Ben Thompson II, Gaither Thompson II, High Profile Trials, Honorable Terry L Woboten, John Potterfield, Magistrate Judge Thomas E. Rogers III, McMillan Federal Building, MOTION to Dismiss Indictment by USA as to Gaither B Thompson II, Reynolds Williams, Reynolds Williams Esq., Rose Speaks, Rose Speaks Community Forums, Rose Speaks Face Book, Rose Speaks Twitter

In a telephone hearing today in the South Carolina Federal Court Magistrate Judge Thomas E Rogers, III made the following rulings after TELEPHONE CONFERENCE with the parties and counsel.

1. Howard K. Stern on behalf of the Estate for Anna Nicole Smith had agreed to the Attorney of Record to Withdraw and the Memorandum for reasons to withdraw be sealed The Court Agreed and Ordered that the reason be sealed and Susan M. Brown’s current attorney can and as of today has withdrawn from the case.

2. Stern offered to give The Brown Law Offices and Susan M. Brown thirty days to seek new counsel. Magistrate Judge Thomas E Rogers, III ruled Brown had only ten (10) days to find new counsel or would represent herself Pro Se.

3. Smith’s Estate had offered a “reasonable period of time for the Brown defendants to have discovery”. Magistrate Judge Thomas E Rogers, III ruled that; “Court will stay scheduling deadlines for a period of 10 days

4. The Estate says the only Motion currently pending before the court is the amount of attorneys fees that Brown and her firm owes for the Contempt proceedings, no ruling on that was made today. L. Lin Wood, Luke Lantta and Nicole Jennings Wade, lead attorneys are optimistic that a mediated settlement is possible but has not happened to date, therefore if necessary the Estate is ready for final Pretrial Motions to be filed and then a jury trial.

April 21, 2011 Anna Nicole Smith's Estate Joint Status Report on Case Against Susan M. Brown Et. Al. (233)
April 14, 2011 Anna Nicole Smith's Local Counsel Request to be Excused from hearing as Lead attorney Luke Lantta will be present for Executor Howard K. Stern (276)

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©Rose Turner
April 21, 2011
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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

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Tags: Anna Nicole Smith, Beverly Hills, Celebrity Trials, Dannielynn, Estate of Anna Nicole smith, Federal Magistrate Judge Thomas E Rogers III, Ford Shelley, G Ben Thompson, Gaither B. Thompson II, Gina Ford, High Profile Trials, Hollywood, Howard K Stern, L. Lin Wood, Law Offices of Susan M. Brwon P. C., Lin Wood, Luke Lantta, Magistrate Judge Thomas E. Rogers III, Melanie Thompson, Nicole Jennings Wade, Nicole Jennings Wade Esq., South Carolina Federal Court, Susan M. Brown, Susan M. Brown Esq.

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