Posts Tagged “TMZ.com”
Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Beverly Hills, Celebrity Trials, Daniel DiCriscio, Daniel DiCriscio Exclusive, Daniel DiCriscio Messiah of Makeover, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Exclusive by Daniel DiCriscio, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, Steve Sadow, TMZ, TMZ.com
Well folks, something very strange happened to my story regarding the trial that I had sent to Rose over the weekend and that is why I am so late. Only less than half of the story showed up in the email I sent to her. Very strange, huh?! So here I go with a new story.
Well, the verdict has come in and 2 out of the 3 on trial were found “Guilty”. Considering I feel that all 3 of them, Dr. Khris Eroshevich, Howard K. Stern, and Dr. Kapoor, went into this “friendship”, or whatever it was, with “innocence” and visions of Hollywood dancing in their heads. One thing though, Dr. Khris and Howard never thought they would end up “Guilty”. I feel that come this January when the sentencing is to happen that Howard and Dr. Khris may be “chewed up and spit out” like a lot of people that venture into the Hollywood games. Like the bag of medicines that Anna used to tote with her, Anna herself being “innocent” but “guilty” of her drug use, the bag would be the perfect metaphor or analogy to sum up this case.
Yes, I was a Howard K. Stern supporter but only in saying that he did not murder her. I continued to say that when he was first arrested, “Conspiracy” is another story. I am surprised that Howard, being a lawyer himself, wouldn’t have thought “conspiracy” would be part of his future when all of this went down. And Dr. Khris, going into her friendship with Anna with “innocent” intentions but she didn’t realize by being so “good” to Anna that she was making a bad decision by being so nice and helpful to her.
Celebrities bring a sense of “power” to ordinary or average folk: Knowing them or just seeing them in concert or whatever. People think that if they can get into the celebrity circle then they too will benefit with fame and money. However, that isn’t always the case and repercussions of a different kind can alter that vision. It seemed like Howard and Khris were ready to tag along for the “Fame” ride, but I am sure they never thought this would happen.
Dr. Kapoor was found not guilty of all charges against him and he must have felt like a heavy weight was lifted off of his back! Although, I understand that the burden of proof wasn’t conclusive enough to catch him in any wrongdoings, but this shocked me anyways. Not even a slap on the wrist?? I just don’t get that ruling. Well, Dr. Kapoor is as free as a bird right now, and Howard and Dr. Khris may end up “Jail” birds come this January 2011. The lies, deceit, the truths (if any), and the incredible desire to be famous is something that anyone who has endured this roller coaster ride that was on trial knows first hand is NOT a fun ride. In Hollywood, there really aren’t any true friends since mostly everyone here in La La Land has a secret agenda, Fame!!!
As I was telling Rose, I myself did not come to LA for fame nor did I have an agenda. This is true! But some people have given me a hard time because of my “look” and say “yeah right!” Well, I hate to disappoint them, but they are wrong. Although, I do have an understanding of how many “agendas” are floating around Hollywood!
Anna, being a smart woman yet I feel she was insecure and naive at times, maybe for her own benefit, fell in with her new “friends” (Dr. Khris, Howard, etc) and probably thought at one time or another that they were friends. But the thing is to me that Anna knew she could “use” these people to her benefit.
I am sure that Howard, Dr. Khris and Dr. Kapoor were afraid of the outcome and how could they have ended up like this. Even though Howard seems very unlikable and a control freak, and Dr. Khris also “enabling” for Anna’s friendship, one thing we must realize is that they are Human. Fear is fear no matter who you are, and death or imprisonment is nothing to laugh about. I bet the chairs that all 3 of them were sitting on when the verdicts were being read could tell us how “tense” they really were inside by how tight their butt cheeks must have been clenched. I myself don’t feel that Anna would be happy about the verdict now that is just my opinion, because she did have a heart in her sometimes. But knowing Anna, she could have easily turned her back on all of them if she were alive and find “new” friends to take their place. She wouldn’t have gotten her hands dirty, if you know what I mean?
Funny that Howard’s one attorney, J. Chris Smith, said they were happy with Howard’s verdict. How guilty was Howard?? LOL! And now Steve Sadow said he is only going to try and lessen Howard’s sentence, no appeals or motions fora new trial? Ugh? Whatever.
I feel that Dr. Khris got hit the hardest, which to me isn’t all that fair. But like I have said a zillion times before “Anything for Celebrity”!
On a different note, this Halloween I dressed up as Anna. I told Rose how I saw Anna on TV recently in the clown look and said I couldn’t believe how I resembled her in stature etc, and thought of maybe going out like that for Halloween. Rose said “Yes, do it!” I said I wasn’t into dressing in drag or whatever, but would think about it. Well, I did it and TMZ posted me out that night. LOL! I did not think at all that I was disrespecting Anna. I just thought, “Hey, it’s Halloween. Clown. Get it?” There really was no ill motive for it, pretty “innocent” but a lot of people are saying I am “guilty”. And yes, I am guilty of having a good time on Halloween night!
Also, I didn’t think there would be such a “backlash” because of my costume choice because Anna LOVED clowns as I remember anyways. I am sure she would have loved my costume and had a laugh as well. If anyone knew Anna, she loved to be childlike…clown faces and all. In apropos, I don’t think so.
I also got reprimanded by a media outlet the day my Halloween costume premiered on TMZ by email stating that they thought it was horrible of me to be this for Halloween and that they did not want to run their story on me now. And the funny thing about that person from the media was that in an earlier email they requested for me to tell them the names of the people in photos from the trial…because as they stated again in another email, they didn’t know anyone! Go figure…
People are saying to me and on the internet they hope now that Anna can “Rest in Peace”, well, if anyone really knew Anna she would never “Rest in Peace”, she was very chaotic and loved to “shake it up”, remember she was a train wreck. Peace to her would be boring.
© Daniel DiCriscio
November 2, 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: Anna Nicole Smith, Brad Brunon Esq., Bradley Brunon Esq., Celebrity Trials, Chris Smith Esq., Clown Picture, Clown Tape, Daniel DiCriscio, Daniel DiCriscio Exclusive, Daniel DiCriscio Messiah of Makeover, Dannielynn, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Exclusive by Daniel DiCriscio, Halloween, Halloween Parties, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., J. Christopher Smith Esq., Steve Sadow Esq., TMZ.com, Virgie Arthur
81 Comments »
Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Anna Nicole's Nannies, Beverly Hills, Celebrity Trials, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Desperate Exes, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ford Shelley, G Ben Thompson, Harvey Levin, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, John J. Nazarian, John J. Nazarian P.I, John Nazarian, John Nazarian PI, Lincoln Bain, Mr. Controversy TV, Nazarian P. I., Steve Sadow, TMZ, TMZ.com, Virgie Arthur
“Two days to prepare for a final arguments”…it is a wonderful thing that we are not in a country that practices Japanese customs, as in when you are so badly disgraced you just disembowel yourself. Rene Rose is, as far as I am concerned, a very talented prosecutor and could never have imagined having Judge Perry glaring at her in the final weeks of such a high profile (yet boring) criminal case….
“As for the defense pretty much tossing the duck in the air, why not? (feathered pillows) It is beyond obvious that with the group of misfits that the prosecution brought to testify …that this case was very much done, real done, beyond done. In the early days I, too, agreed that Howard K. Stern’s charges were, based on the “cards” showing, innocent. …if you read the discovery and the investigator’s notes, you could see much bigger issues involving the behavior of people close to Anna Nicole Smith…. ……and then with “The Sadow” factor I knew early on things would be good for Howard K. Stern. …It is all going to be good and everyone can get on with their lives and no “tell all”…or will there be? (thank God I took real good notes when I was being offered to work on a “tell all” about the stuff that went on in and around ANS)..
“Prosecutor Rose had one last ditch effort and that was DOJ Investigator Danny Santiago, and Judge Perry kicked all that to the curb. …It was great and I owe S/A Santiago a big thanks, he spelled my name right and I appreciate that!
“… Talk about strange and colorful stories and I have wheel barrels full of them when it comes to this case. How about this? Being that I have been termed “The King of Trash,” Howard and I came up with an idea about a reality show called what else, “Trashed.” Sure, some of it was Howard’s thoughts and some of it was mine…after all it is my life’s story, right? The premise would be, well, maybe another day…it was supposedly pitched to Harvey Levin in the days before……Harvey did not like the idea and in my thoughts the reason is that it would run interference with TMZ…my thoughts.
“I could have sworn I saw Judge Perry in a knife store and he was asking about a “good knife to whittle with… …Madam Prosecutor, your preparation for a closing argument could take maybe 10 minutes. And given the temperament of this bench officer, it could even be less! And by the time Judge Perry stops “whittling,” the only thing on that charging document might be just one name, Rene Rose, Prosecutor.
To read the full article visit Desperate Exes.com to read this one and catch up on the earlier coverage as well.
http://desperateexes.com/2010/09/24/dealing-from-a-deck-stacked-with-jokers/.
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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“©John J. Nazarian
“September 24, 2010
“Used with the permission of John Nazarian P. I. – writer
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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.
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Tags: Anna Nicole Smith, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, L. A. Criminal Court Judge Robert Perry, Steve Sadow Esq., TMZ.com, Virgie Arthur
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Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Beverly Hills, Bonnie Stern, Celebrity Trials, Daniel Smith, Dannielynn, Dannielynn Hope Birkhead, Debunking the myths on ALL cases related to Anna Nicole, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, Steve Sadow, TMZ, TMZ.com, Virgie Arthur
< We learned yesterday that in the Anna Nicole Smith conspiracy to give drugs to a known addict case that Bonnie Stern testified for the prosecution about her brother Howard K. Stern. You think a prosecution witness would be for the prosecution however that is not the case with Bonnie Stern.
In what must have been a powerful moment in court, Steve Sadow, Howard K. Stern’s attorney had Bonnie Stern described her brother’s love for Anna Nicole Smith by asking “Did you believe your brother was in love with Anna Nicole Smith?” Bonnie Stern’s answer was; “”She was his everything,” I only wish I would meet someone that loved me as much as he loved her.”
Stern’s sister did authenticate and identified emails that Deputy Attorney Renee Rose had stated on August 6, 2010 was the only way to get these emails on the record with the taking the position that Bonnie Stern and Anna Nicole Smith were uncharged conspirators. It appears from the AP report of LINDA DEUTSCH that there were in fact several emails between Anna Nicole Smith and Bonnie Stern where Smith was requesting “the shipments”. Stern’s sister, Bonnie, did not deny the emails but said she couldn’t remember having the items sent to Smith or her brother, Howard K. Stern.
The AP reported, in one e-mail, she wrote she “gave Chris everything” from a doctor in Beverly Hills to bring to Smith. She acknowledged the reference was to defendant Dr. Khristine Eroshevich, but said she didn’t remember giving the doctor anything…
We have to wonder if Dr. Levy was a common doctor used by both Stern’s sister, Bonnie and Anna Nicole Smith. If he is since he is on the prosecution list will his records reflect Bonnie Stern picking up multiple prescriptions for shipment to The Bahamas for Smith. Did Dr. Levy make a deal with the prosecution so as not to be sitting where the other two doctors are today at the defense table?
The AP also said that the e-mails admitted into evidence revealed tensions between Smith and Howard K. Stern. They said in part; “I hurt so much and it seems Howard don’t care,” Smith wrote. “I’m so angry all the time, so sad and mad what can I do. I don’t want baby Lynn to see me so upset. I feel that Howard hates me. All he does is raise his voice and back talk me.” This email was written in late 2006 after Daniel Smith’s death while visiting his mother and new baby sister, Dannielynn. I would bet there has to be more than just this one email and my take is that this was part of the normal grieving process, nothing more unless the prosecution produces other documents and witnesses who say the same thing at different times then this one email.
Anna Nicole Smith expressed in another email to Bonnie Stern that; “She, [Smith], said she felt a need to get away from the Bahamas but couldn’t leave “because of our situation.”
Larry Birkhead testified after Bonnie Stern stating that Anna had many prescriptions around the house and that he felt Howard K. Stern had tried to interfere with his relationship with Smith and even admonished him once when Birkhead hid Methadone from Smith out of worry of the amount of prescriptions in the home and the amounts Smith was taking.
Birkhead returns to the stand today to complete his testimony, what is the bet that Sadow will be able to turn Birkhead’s testimony into that Anna Nicole Smith was However K. Stern’s “everything” and will Birkhead also paint a picture of love between Smith and Stern during the two years he lived off and on with Smith. In a TMZ.com article today the headline says in part; “Do You Swear to Tell the Truth…? That article is already being picked up by sites like Fox News.
Virgie Arthur sat in the courtroom for both Bonnie Stern’s and now Larry Birkhead’s testimony.
My prediction is that even though the Deputy Attorney Renee Rose continues with her building blocks to make her case, is that Stern is going to be found not guilty. As I continue to say, if we convicted and put every enabler in jail there would not be enough room. The love that Howard K. Stern had for Anna Nicole Smith is as predicted by Sadow being attested to by even prosecution witnesses.
LATEST FILING IN S. C. CASE OF THE ESTATE OF ANNA NICOLE SMITH VS, SHELLEY, THOMPSON AND BROWN
August 20, 2010 Estate of Anna Nicole Smith Response to Susan M. Brown’s Motion to Dismiss.
LATEST FILING IN THE TEXAS HARRIS COUNTY CASE
. August 20, 2010 Virgie Arthur Amended Notice for Submission changing the date to September 6, 2010.
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©Rose Turner
August 20, 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, AP, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Deputy District Attonrey Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., High Profile Trials, Hollywood Criminal Justice, Howard K Stern, Linda Deutsch, Steve Sadow Esq., TMZ.com, Virgie Arthur
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Posted by Rose in All Things Anna Nicole Smith, Anna Nicole Smith, Anna Nicole Smith's Will, Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Beverly Hills, Bonnie Stern, Celebrity Trials, Daniel Smith, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ford Shelley, G Ben Thompson, Harvey Levin, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Horizons law suit, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Rose Turner, Steve Sadow, Susman and Godfrey, The O'Quinn Law Firm, TMZ, TMZ.com, Virgie Arthur
Here is this week’s filings and the open discussion board on the Anna Nicole Smith’s cases. Any filings received this week will be permanently linked in this article.
August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Larry Birkhead.
August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Harvey Levin and TMZ Productions.
August 16, 2010 Virgie Arthur Notice of Submission for August 26, 2010 her Motion for Leave to add Busy Street Productions LLC
August 16, 2010 Virgie Arthur’s Revised Exhibit B correcting her proposed Sixth Amended Original Petition.
No I have not read the revised Exhibit B
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. THE FORUMS IS THE ONLY PLACE I WILL DISCUSS THESES CASES AN THE IDIOCY OF DEVELOPMENTS.
©Rose Turner
August 16, 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.
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Tags: Anna Nicole Smith, Art Harris, Bonnie Stern, Celebrity Trials, Daniel Smith, Dannielynn, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, Lyndal Harrington, Neil McCabe, Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur
139 Comments »
Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Anna Nicole Smith's Will, Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Dannielynn, Debunking the myths on ALL cases related to Anna Nicole, Diana Marshall, Ford Shelley, G Ben Thompson, Harry Susman, Harvey Levin, High Proflie Trials, Horizons law suit, Howard K Stern, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton, Neil McCabe, Nicole Jennings Wade, Rose Turner, Susman and Godfrey, The O'Quinn Law Firm, TMZ, TMZ.com, Virgie Arthur
I have not read any of these papers yet except for the Orders issued in Texas State Court last week.
SOUTH CAROLINA LATEST FILINGS
August 5, 2010 Susan M. Brown’s Motion to Dismiss her and her law offices for multiple reasons.
August 6, 2010 Order Notifying G. Ben Thompson that the parties need to file a Response to Susan M. Brown’s Motion to Dismiss no later than September 10, 2010.
TEXAS STATE CASE LATEST FILINGS
August 2, 2010 Order Granting TMZ and Harvey Levin’s Motion for Summary Judgment. If Virgie Arthur wants to add TMZ and Levin she can file a Motion for rehearing if new evidence emerges or she can file an Appeal.
August 4, 2010 Order Granting Howard K. Stern’s Motion to Consolidate Rule 11 Contract Case with the Conspiracy to Defame case.
The Texas state defamation and conspiracy to defame case is stayed for discovery, Motions etc. ONLY as to Howard K. Stern for the next 90 days or unless the Court grants Art Harris Motion for Summary Judgment.
August 4, 2010 Order Granting Rose Turner’s Motion to add Busy Street Productions LLC as Designated Third Parties and discovery can go forward relating to audios, videos and alleged hundreds of pages of witness statements being held by officers of the LLC including Carol Martin and Art Harris in relations to the parties and fact witnesses involved in the allegations involving this case.
August 9, 2010 Virgie Arthur’s Motion to Quash Deposition by Art Harris and TMZ.com.
August 9, 2010 Virgie Arthur’s Notice of Submission for September 17, 2010 at 11:00 AM.
August 2, 2010 Art Harris Motion for Final Summary Judgment. The last three pages shows all of the exhibit filed, go through them and let us know which ones you want up first. Harris’ Affidavit will go up in the morning and after that the exhibits in the order y’all ask for. Remember I have a HUGE box of documents and it takes time to scan all of this.
August 2, 2010 Art Harris Affidavit to support Harris Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit B 6 filed with Harris’ Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit BB filed with Harris’ Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit D filed with Harris’ Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit J filed with Harris’ Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit P filed with Harris’ Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit Q filed with Harris’ Motion for Final Summary Judgment.
August 2, 2010 Art Harris Exhibit R filed with Harris’ Motion for Final Summary Judgment.
August 2, 2101 TMZ and Harvey Levin Exhibit B REDACTED filed with their Motion for Final Summary Judgment.
August 10, 2010 Virgie Arthur Drops Art Harris from case in a Non-SUIT Notice to the Court and all parties
August 12, 2010 Virgie Arthur Motion for Leave to Join Busy Street Productions as a defendant.
August 12, 2010 Arthur’s Exhibit B filed with Arthur’s Motion for Leave to Join Busy Street Productions as a defendant. Please note that both Harri’s site and Turner’s site is included in the proposed Sixth Amended Original Petition.
On Friday August 6, 2010 the First Court of Appeals denied Virgie Arthur’s request for a hearing en banc relating to Art Harris. That appeal is now over.
I will put up the massive amount of relevant papers regarding Art Harris Motion for Summary Judgment filed on August 2, 2010, as well as the videos now released in the public records. those filings will be listed in this article throughout today.
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
August 9, 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: Amanda Bush Esq., Anna Nicole Smith, Art Harris, Bonnie Stern, Busy Street Productions LLC, Carol Martin, Celebrity Trials, Charles "Chip" Babcock, Chips Babcock, Dannielynn, Diana Marshall Esq., Estate of Anna Nicole smith, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Howard K Stern, L. Lin Wood, Law Offices of Susan M. Brwon P. C., Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton Esq., Neil McCabe, Nicole Jennings Wade Esq., Rose Turner, Susan M. Brown Esq., The O'Quinn Law Firm, TMZ.com, Virgie Arthur
8 Comments »
Posted by Rose in Adam Braun, All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Beverly Hills, Bonnie Stern, Bryan Cave LLP, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Daniel Smith, Dannielynn, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Harvey Levin, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton, Neil McCabe, Phil Spector, Rose Turner, Steve Sadow, The O'Quinn Law Firm, TMZ, TMZ.com, Virgie Arthur
The Deputy District Attorney Renee Rose will be the first up this morning for her opening statement on behalf of the state of California. She is expected to touch on the facts that the defendants, Howard K. Stern, Dr. Sandeep Kapoor and Drs. Khristine Eroshevich possibly along with uncharged conspirators Anna Nicole Smith and Bonnie Stern fueled Anna Nicole Drug habit. Rose is expected to point out they illegally conspired to provide the actress with drugs.
Deputy District Attorney Renee Rose is expected to outline the state’s case with facts of allegations that the three Stern, Kapoor, and Eroshevich face 23 felony charges, including three counts of conspiracy to dispense and administer controlled substances to a known addict. conspired to use false names to obtain drugs for Smith. Rose is expected to say she will present numerous witnesses testify that Smith was weak and “zombie-like” much of the time in the months after September 11, 2006, when her 20-year-old son, Daniel Smith, died in the Bahamas hospital room where she was recovering from the birth of her daughter, Dannielynn. One of the problems expected to be pointed out is that Stern picked up prescriptions for Smith in his own name that he knew was intended for Smith. There is expectation that Rose will also allege that Stern facilitated fueling drugs into Smith because after the death of Daniel she was easier to handle Smith if those around Smith kept her knocked out. Rose is also expected to make the allegations that Stern used false names to get double doses of dangerous drugs to feed the addiction Anna Nicole Smith.
Those allegations are expected to be countered by Steve Sadow, Stern’s lead defense attorney, by arguing that the use of false names to obtain drugs for Smith was intended to protect the celebrity’s privacy. Sadow had previous stated that “He, [Stern], is being charged doctor-related activities, which doctors have specific knowledge of and he’s just a layperson.”
Dr. Eroshevich’s former lawyer, Adam Bruan told the AP that “One of their theories is that the mere prescribing of medications using a pseudonym is a crime and it’s rebutted by the fact that some of the most respected hospitals in this city use this practice to protect the privacy of some of their celebrity patients.” Dr. Eroshevich’s new attorney, Bradley Brunon, of Phil Spector fame grilled the jurors about their knowledge of prescription drugs, use, family history, the Scientologist church with one of the potential jurors and if the jurors could remain impartial. Brunon is expected to strongly produce evidence that Dr. Eroshevich was first Anna Nicole Smith’s and then after the death of Daniel worked with Stern to wean Smith off of the prescriptions. I look for the good Samaritan defense to be presented also on behalf of Eroshevich.
Ellyn Garofalo Dr. Sandeep Kapoor’s attorney is expected to point out there could be no conspiracy because Kapoor and Eroshevich had never even met before the preliminary hearing last fall. Kapoor’s lawyer has previously stated that prosecutors could make it difficult for California doctors to treat their patients for pain, adding “If this prosecution is successful, you can all plan to call the D.A. office every time you ask your doctor for a prescription for pain, because that’s going to be the standard.”
Judge Robert Perry has agreed in that past that Eroshevich, “deeply cared for Anna Nicole Smith and was well intentioned” with her treatment, “Evidence in the record strongly suggests she, [Smith] was an addict and there was a widespread and ongoing effort to obtain drugs for Smith, whom he characterized as a “strong-willed person” intent on getting drugs. Judge Perry has previously said that the doctors may have been “blinded by the celebrity of their patient.”
Dave Kettel, a former federal prosecutor who handled prescription drug cases, and is now a defense attorney, said the case may be difficult to prove because of the multiple defendants. He said prosecutors could have a hard time showing that the doctors knew they were acting improperly and that one knew what the other was doing. He also said prosecutors may have erred by naming Smith as a coconspirator in the case. “Despite her personal problems, people liked her,” he said. “The last couple years of her life were so sad. I don’t think anyone wants to blame her.”
Another defense lawyer said the case could have a chilling effect on doctors who treat patients for pain, since the doctors could be held criminally liable if their prescriptions are deemed excessive. Sadow argued that Stern should not be charged because he did not know his companion was an addict or that it was illegal to obtain medication with a prescription written out to a false name.
Steven Sadow, the lead lawyer for Howard K. Stern, said the defense team was “very pleased” with the jury of six men and six women who were sworn in Tuesday afternoon.
Lawyers predicted the trial in Los Angeles County Superior Court could last up to three months.
There has also been hints that keeping a low profile that Virgie Arthur will be present daily and sitting on the front row right behind Renee Rose.
NEWEST TEXAS STATE LAWSUIT PAPERS
August 3, 2010 Virgie Arthur’s Response to Art Harris Emergency Motion to Seal.
August 3, 2010 Howard K. Stern’s Reply to Arthur’s Response to Stern’s Motion to clarify the Rule 11 agreement.
August 3, 2010 Art Harris’ Opposition to Arthur’s Motion for Continuance.
August 3, 2010 Art Harris Exhibit A file with Harris’ Opposition to Arthur’s Motion for Continuance.
August 3, 2010 Art Harris Exhibit B file with Harris’ Opposition to Arthur’s Motion for Continuance.
August 3, 2010 Art Harris Exhibit C file with Harris’ Opposition to Arthur’s Motion for Continuance.
August 3, 2010 Art Harris Exhibit D file with Harris’ Opposition to Arthur’s Motion for Continuance.
August 4, 2010 TMZ and Harvey Levin Opposition to Arthur’s Motion for Continuance, with exhibits attached.
August 4, 2010 Art Harris Notice of Hearing on Harris Second Motion to Compel Production of Documents from Virgie Arthur
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
August 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.
Please also read our Terms of Use and our Privacy Policy.
Tags: Adam Bruan Esq., Anna Nicole Smith, Art Harris, Assistant D. A. Renee Rose, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ellyn Garofalo Esq., Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Honorable Larry Weiman, Honorable Robert Perry, Howard K Stern, Judge Robert Perry, Judge Weiman, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Phil Spector, Renee Rose, Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur
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Posted by Rose in All Things Anna Nicole Smith, Amanda Bush, Anna Nicole Smith, Art Harris, Art Harris Exclusive, Art Harris Scoop, Bald Truth Exclusive, Beverly Hills, Bonnie Stern, Celebrity Trials, Charles "Chip" Babcock, Chip Babcock, Dannielynn, Diana Marshall, Don Clark, Don Clark ex-FBI, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Harvey Levin, High Proflie Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith, J. Christopher Smith Esq, Lin Wood, Luke Lantta, Lyndal Harrington, Nancy Hamilton, Neil McCabe, Rose Turner, Steve Sadow, The O'Quinn Law Firm, TMZ, TMZ.com, Virgie Arthur
Now the title got your attention, but it is not funny. Neil McCabe today begins the trial of Jerry Carswell’s lost heart in a cover up by a Harris County hospital. The trial starts today and is expected to last three weeks.
I expect one of the other attorneys to be at Friday’s hearing on the defamation case and I wonder if Lin Wood will be there or in California since he is listed as one of Howard K. Stern’s counsel in that case for depositions to introduce Don Clark and company.. However, Mr. Wood I believe is probably going to be there on Friday because this hearing is so important to his client in Texas.
Back to the lost heart. I have been following these cases for myself because of all of the hospital acquired infections etc. that end up killing people while they are in the hospital that is suppose to save them and I am sharing it with all of you because of the impact on this Friday’s hearing in Houston in the Harris County case of defamation and conspiracy to defame.
The death of a loved one is unbelievably hard to bear, especially when it is sudden and unexpected. It is perhaps even harder when the patient is in the hospital for a supposedly minor condition.
However, a three-month KHOU-TV last fall, November 2009, did an investigation that found evidence of what may be a national problem when it comes to medical records. It seems that some nurses, doctors and administrators have concealed, faked and even destroyed these documents when trouble happens.
Melissa Dorriety Case, Lost hospital records
Melissa, checked into Christus St. Catherine in Houston Texas for diabetes problems. There were no signs to cause her husband of 30 years to worry. Things went well and Melissa was to go home the next morning.
When her husband and son got to the hospital the next morning with bagels in hand to take Melissa home, what they found was horrifying. Melissa could not be aroused from a deep sleep by her husband and son and died soon after their arrival at the hospital. The family will always be haunted that when they, NOT the hospital staff, found Melissa she had one tear running from her right eye and down her cheek.
Melissa Dorriety’s husband, sued Christus St. Catherine but when the medical records were subpoenaed the attorney, Jim Perdue, for her family said one very important medical document was missing. It was the nurse’s worksheet showing Melissa’s condition, including the original medical notes made about her.
Jim Perdue told KHOU-TV, “That may be one thing in an isolated legal case, but not when you see it happening again and again and again.”
Sharon Rogers Case also had missing records
Rogers’ Estate found the same problem of missing hospital records when her Estate sued for medical malpractice, in that a section of her vital sign records during critical hours of her care could not be found.
KHOU-TV found evidence that this is not just one hospital in Houston Texas but during their investigation they found similar accusations regarding various hospitals around the country.
A surgeon in New Jersey removed the wrong lung from a patient. He then changed the medical record afterward, so it appeared he had in fact taken out the correct lung.
That led to New Jersey criminalizing altering or destroying medical records, but in Texas, there is no such law. WHAT??? You can make a deadly mistake and legally lose or change the records to show you did not in Texas?
KHOU-TV investigation they also discovered the Texas Department of Health could not find a record of investigating a single allegation related to concealing or tampering with medical records at any hospital in the state.
Jerry Carswell case is the one beginning a jury trial per the Court’s docket today, August 2, 2010.
I have up the latest filing on that case but read with care it is in fact a horror story and one that left me shaken.
Mr. Carswell entered the hospital through the emergency room with a kidney stone in 2004. He responded well to the treatment but Chritus St. Catherine wanted to keep him a few days to monitor his condition.
The hospital was full so the only bed for Mr. Carswell was in the pediatric ward, not where he needed to be which would have been the adult surgical wing. Early the next morning, the phone rang. Linda his wife has testified that a representative from the hospital asked her to come there immediately because an emergency had developed. Within minutes of her arrival, her life changed forever. Mr. Carswell had died about 5 AM that morning.
However, Carswell’s widow in the midst of her grief was together enough to want an independent autopsy done with the Harris County Medical Examiner’s office. The staff at Chritus St. Catherine told the grieving widow that the Medical examiner’s office had decline to do the autopsy because there was no foul play indicated in the death and instead they shipped Mr. Carswell’s to one of their sister hospitals for the autopsy. Ms. Carwell agreed for the autopsy to be done at the other hospital at the time not knowing it too was owned by Christus. Do you think she got a complete unbiased autopsy, I don’t and the records seem to bear that out.
For those of you who are not familiar with Texas statute, the medical examiner always does an autopsy if asked when the cause of death is unknown. That might have been inconvenient for Christus though because Mr. Carswell died from a drug overdose at the hands of nurses at Christus St. Catherine.
The Harris County Medical Examiner’s office could not find any record of Christus ever calling them to perform the autopsy. It was later found that Mr. Carswell’s body fluids disappeared, after his window asked for them to be saved. No blood or body fluids to test, how convenient for the hospital.
The worst news, though, came nearly two years after Jerry had been buried. His heart had been lost by the hospital and his family never notified.
After Carswell’s family filed suit, under sworn questions, the autopsy doctors said they had removed her husband’s heart and stored it in a container. When the questioning turned to who knew about the decision to remove the heart, the doctor admitted that they didn’t tell the Carswell family they were taking out the organ.
Judge Josefina Rendon of the 165th Court in Harris County issued a rare $250,000 sanction against Christus St. Catherine’s, ruling that the hospital “improperly concealed the heart tissue of Jerry Carswell in a Christus pathology laboratory.” The sanction further said the hospital also concealed blood samples, and determined that Linda Carswell’s case against the hospital had been “severely prejudiced” due to the “improper concealment of critical physical evidence.” The Court is going to give the Jury what is called an inferred direction. That means that because evidence was destroyed the jury has the right to infer that Christus St. Catherine did in fact have something to hide and so destroying evidence had to be considered by the jury hearing the case. This ruling was taken all the way up to the Supreme Court of Texas and they agreed with the trial court’s assessment of the $250,000 sanction.
As a high school coach, Jerry Carswell helped mentor students and develop some of them into professional athletes, like NFL star Bert Emanuel, who would later call Carswell the “best coach ever.”
My mother also in 1978 went into a hospital in Dallas Texas for minor surgery and died two weeks later because of miscommunications between the doctors and the hospital personnel. She died because no doctor prescribed post surgery antibiotics for her and her body became septic in 48 hours following the surgery, they agreed to pay all of the expenses in trying to save her and we agreed not to sue them.
We all know that many of our members have similar horror stories of loved ones lost to a minor condition once they entered the maze of hospitals.
Today the advice that most advocates give is have a medical advocate present to speak for you, to monitor the medication and the attention needed by the patient. It is best if someone can stay 24 hours a day. How sad is that??
So Virgie Arthur’s lead attorney, Neil McCabe, will be in a jury trial come this Friday’s hearing and I predict not before Judge Weiman on multiple Motions pending.
My question though is can a unbiased jury be seated in this medical malpractice case of this magnitude with the Jury Instructions the Court will give? How many of you have horror stories about hospitals or have heard of one?
We will keep you updated on the Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich trial as it progresses this week and also update any paperwork on the multiple Motions in both Court and the Appeals Court as they become available.
LATEST FILINGS IN THE TEXAS STATE COURT ON VIRGIE ARTHUR VS HOWARD K STERN, TMZ.COM, LARRY BIRKHEAD, ART HARRIS, HARVEY LEVIN ET AL.
August 2, 2010 Art Harris Emergency Motion to Unseal part of the deposition of Virgie Arthur to become public records with him Motion for Final Summary Judgment.
August 2, 2010 Affidavit of one of CBS’ attorneys in support of Harris Motion to Unseal part of the deposition of Virgie Arthur to become public records with him Motion for Final Summary Judgment.
August 2, 2010 Harris Notice of Submission for Oral Hearing on August 6, 2010 with all of the other things for the Court to decide.
August 2, 2010 TMZ.com and Harvey Leving Second Motion for Final Summary Judgment.
August 2, 2010 TMZ Notice of Submission of Summary Judgment without a hearing for August 23, 2010.
A couple of comments here. Even though Harris and TMZ both refer to Harris’ fling for Summary Judgment yesterday at the same time that TMZ and Levin did for some reason Harris’ Motion has not been filed. Second I think based on what the judge said on March 12, 2010 about how the dates he was setting that day, would be subject to change for multiple reasons with the fact it can take up to 3-5 years in Texas to have a suit go to trial that the Court will grant the Motion for Continuance. THIRD AND FINALLY WE ARE NOT PUTTING UP THE EXHIBITS FILED WITH THE TMZ-LEVIN MOTION FOR SUMMARY JUDGMENT BECAUSE ALTHOUGH SOME OF THE PAPERWORK ATTACHED IS NOT MARKED AS CONFIDENTIAL THOSE PAPERS CONTAIN VIRGIE ARTHUR’S LIST OF MEDICATION AND I BELIEVE ALSO HER PERSONAL DOCTORS NAME NOT JUST THE EXPERT ANY LIST OF ANYONE’S PERSONAL INFORMATION IS JUST NOT GOING TO GO UP ON THIS SITE SO YOU CAN BROWSE TOPIX TO SEE WHO BUYS THAT AND PUTS IT UP, BUT DON’T EXPECT TO SEE IT HERE. I would not wish for anyone to go through what I did because of an “accident” of filing.
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
August 2, 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: $250k sanction, 165th Court of Harris County, Anna Nicole Smith, Art Harris, autopsy, Bonnie Stern, Celebrity Trials, Charles "Chip" Babcock, Christus St Catherine, Christus St Catherine in Houston Texas, Don Clark, Don Clark ex-FBI, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, drug overdose, Harris County Medical examiner, Harris County Medical examiner Houston Texas, Harvey Levin, High Profile Trials, Hollywood Criminal Justice, hospital acquired infections, Howard K Stern, inferred direction, Jerry Carswell, Jerry Carswell case, Jim Perdue esq., Judge Josefina Rendon, Judge Weiman, KHOU-TV, kidney stone, L. Lin Wood, Lin Wood, Linda Carswell, Linda Carswell case, Lost hospital records, Luke Lantta, Lyndal Harrington, Medical examiner, medical malpractice, Melissa Dorriety, Melissa Dorriety Case, missing hospital records, Neil McCabe, New Jersey, NFL star Bert Emanuel, Rose Turner, Sharon Rogers, Sharon Rogers Case, Supreme Court of Texas, tampering with medical record, Texas, Texas Department of Health, Texas statute, The O'Quinn Law Firm, TMZ.com, Virgie Arthur
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