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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SOUTH CAROLINA FEDERAL COURT FILINGS NOVEMBER 24, 2009.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

©Rose Turner
November 30, 2009
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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

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

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

Here is the first group of filings unsealed in the New York Federal Court for the Southern District as Ordered by the Honorable Denny Chin.

These are the filings unsealed by Howard K. Stern, the filings by Rita Cosby and Hachette Books Ordered to be Unsealed have not appeared yet. As soon as they do we will have those as well which will be parts of depositions we don’t have this go around from Stern.

I have not read through these yet but wanted to get them all listed for you and then we will discuss and do articles on these documents as we go back through the debunking of the book to the lead up of the Jury Trial scheduled to begin on November 30, 2009, let the games begin!!!!

September 28, 2009 Howard K. Stern Unredacted Response Summary Judgment part 1 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2448.

September 28, 2009 Howard K. Stern Unredacted Response Summary Judgment part 2 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2449.

September 28, 2009 Howard K. Stern’s Unredacted Rule 56-1 Statement of Facts part 1 of 3 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2451.

September 28, 2009 Howard K. Stern’s Unredacted Rule 56-1 Statement of Facts part 2 of 3 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2452.

September 28, 2009 Howard K. Stern’s Unredacted Rule 56-1 Statement of Facts part 3 of 3 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2453.

September 28, 2009 Lin Wood’s Unredacted Declarations of Exhibits and Depositions filed with the list of Unredacted documents.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2454.

September 28, 2009 Howard K. Stern Unredacted Declaration dated February 5, 2009 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2465.

September 28, 2009 Howard K. Stern’s complete Unredacted two days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2450.

September 28, 2009 Rita Cosby’s complete Unredacted two different days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. This is part 1.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2445.

September 28, 2009 Rita Cosby’s complete Unredacted two different days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. This is part 2.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2446.

September 28, 2009 Rita Cosby’s complete Unredacted two different days of depositions filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. This is part 3.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2447.

September 28, 2009 Bea Stern partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2469.

September 28, 2009 Don Clark partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2471.

September 28, 2009 Don Clark partial Unredacted deposition from the Florida Case filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2472.

September 28, 2009 Wilma Vicedomine’s partial Unredacted deposition with exhibits filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2484.

September 28, 2009 Jack Harding partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2474.

September 28, 2009 Mark Speer partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2478.

September 28, 2009 Ray Martino’s partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2479.

September 28, 2009 Virgie Arthur’s partial Unredacted deposition by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2483.

September 28, 2009 Stern’s Exhibit 4 Copy of emails from Jackie Hatten to Howard K. Stern and Anna Nicole Smith from September 2006 regarding Daniel’s death filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2458.

September 28, 2009 Stern’s Exhibit 6 Emails between Howard K. Stern and the attorney  Tracy Ferguson regarding the transferring of the Title back to G. Ben Thompson without notifying Anna Nicole Smith in regards to Horizons in the Bahamas by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2460.

September 28, 2009 Stern’s Exhibit 8 emails from Melanie Thompson whose father is a Cardiologist about what she thinks might have happened in Daniel Smith’s death Bahamas filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2462.

Employees of Hachette Books and Rita Cosby’s Co-Author

September 28, 2009 Bruce Littlefield with exhibits partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2477.

September 28, 2009 Amy Einhorn partial Unredacted deposition with exhibits filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. She was an employee of Hachette Books.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2455.

September 28, 2009 Dan Wakeford partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2470.

September 28, 2009 Evan Boorstyn partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2473.

September 28, 2009 Jamie Raab partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2475.

September 28, 2009 Leslie Pockell partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2476.

September 28, 2009 Mitchell Hoffman partial Unredacted deposition with exhibits filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment. He was an employee of Hachette Books.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2480.

September 28, 2009 Stern’s Exhibit 31 Unredacted book notes and emails with notes in the margins of the book filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2466.

September 28, 2009 Stern’s Exhibit 32 Unredacted book notes and emails with notes in the margins of the book filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2467.

September 28, 2009 Stern’s Exhibit 33 Book promotion Notes and potential jacket covers with lead ins about the book filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2468.

Depositions leaked before this filing:

September 28, 2009 Larry Birkhead partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2444.

September 28, 2009 Patrik Simpson’s partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2481.

September 28, 2009 Pol’Attue’s partial Unredacted deposition filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2482.

Documents we have read before:

September 28, 2009 Copy of the Filing of Anna Nicole Smith’s Will from California showing Howard K. Stern as the Executor filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2456.

September 28, 2009 Stern Exhibit 16 Copy of partial Filing of Anna Nicole Smith’s Burial Proceeding hearing from Florida involving Ron Rale filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2457.

September 28, 2009 Stern’s Exhibit 5 Deed Information and value of Horizon’s in the Bahamas at the time Anna Nicole Smith bought it filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2459.

September 28, 2009 Stern’s exhibit 7 a Copy of the TRO against G. Ben Thompson and the Electric Company in regards to the house called Horizons in the Bahamas filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2461.

September 28, 2009 Stern Copy of Marshall Bankruptcy Litigation from Lexus Nexus filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2463.

September 28, 2009 Stern Copy of Marshall Bankruptcy Litigation from Lexus Nexus part 2 filed by Lin Wood in the compliance with the Court’s Order to file Unredacted records used to decided Summary Judgment.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2464.

NEWEST PAPERS IN THE SOUTH CAROLINA CASE BOTH OF G. BEN THOMPSON’S LAWYERS FILE MOTIONS TO WITHDRAW AS HIS COUNSEL.

September 28, 2009 G. Ben Thompson’s lead attorney in South Carolina Lead lawyer, R. Scott Joyce, filed a Motion to Withdraw as Thompson’s attorney and asked for an “In Camera” hearing at the earliest possible date for the judge. In camera does NOT mean Ex Parte, I believe it means just closed to the public but it could mean without Stern’s lawyer if there is some possible ethics or criminal charges looming.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2485.

September 30, 2009 G. Ben Thompson’s attorney from Georgia, Susan M. Brown, filed a Motion to Withdraw as Thompson’s attorney and asked for an “In Camera” hearing at the earliest possible date for the judge. In camera does NOT mean Ex Parte, I believe it means just closed to the public but it could mean without Stern’s lawyer if there is some possible ethics or criminal charges looming. This occurred less than a week after Brown’s deposition and Order to turn over exhibits had to be completed by Brown.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2486.

©Rose Turner
September 29, 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: Amy Einhorn, Amy Stewart Esq., Anna Nicole Smith, Anna Nicole Smith nannies, Anna Nicole Smith's Estate, Art Harris, Bea Stern, Bonnie Stern, Bruce Littlefield, Celebrity Trials, Dan Wakeford, Daniel Smith, Dannielynn, Debra Opri, Don Clark, Don Clark ex-FBI, Douglas Maynard Esq., Elizabeth McNamara, Elizabeth Thomas Esq., Evan Boorstyn, G Ben Thompson, Gaither Thompson, Geraldo Rivera, Greta Van Susteren, Hachette Books, Harvey Levin, High Profile Trials, Honorable Denny Chin, Howard K Stern, Jack Harding, Jackie Hatten, Jamie Raab, John "Jay" Patton, John O'Quinn, Judge Chin, L. Lin Wood, Leslie Pockell, Lin Wood, Lincoln Bain, Luke Lantta, Mark Speer, Melanie Thompson, Michael Trope Esq., Mitchell Hoffman, Nancy Grace, Neil McCabe, New York Federal Court Southern District, Nicole Jennings Wade Esq., Patrik Simpson, Pol' Atteu, R. Scott Joyce Esq., Ray Martino, Rita Cosby, Ron Rale Esq., Rose Speaks, Rose Turner, rosespeaks.com, S. Ford Shelley, Stancil Shelley, Susan M. Brown Esq., the Marshall Money, The O'Quinn Law Firm, TMZ.com, Tom Bednarek, Tracy Ferguson Esq., Vickie Lynn Marshall, Virgie Arthur, Wayne Munroe Esq.

In “A Question of Murder,” the true crime book that gives an insider view of the death investigations of Daniel Smith, his mother Anna Nicole Smith, and others, famed forensic pathologist and lawyer Dr. Cyril H. Wecht, and his coauthor Dawna Kaufmann, reveals facts never disclosed before.

The following is a brief summary of Wecht’s take on the case — but you’ll want to get a copy of the book and savor it yourself.

In September 2006, Howard K. Stern and Michael Scott, at that time Anna Nicole Smith’s lawyer, placed a conference call to Dr. Wecht, asking him to perform a second autopsy on Daniel Smith. Wecht agreed, as long as it was understood that he would report his findings to them—even if they were not the findings they had hoped for—and that his report would be made public. With Stern and Scott’s assurance, Wecht flew to the Bahamas.

Wecht had noticed that coroner’s representative Linda Virgill had been in the media, feeding the frenzy that Howard K. Stern was a suspect for having harmed Daniel, his girlfriend’s 20-year-old son. It was time for Wecht to learn for himself why the lad died.

In Nassau, Bahamas Dr. Wecht met with Stern; Anthony McKinney Michael Scott and his associate Tracy Ferguson; and Wayne Munroe at a local beach club after being checked into the Atlantis, one of the Caribbean’s premier resorts. Wecht spent a lengthy brunch getting their background on Daniel, Anna Nicole and Stern. Stern said that Daniel had lost 25 pounds during the summer of 2006 and that he and Anna were alarmed. Stern gave a general rundown of the boy’s health, including hospitalizations, but there was no mention of Daniel having ever had a Valium addiction. When Daniel had arrived in Nassau to meet his baby sister and see him mom again, he was so excited he practically ran into the hospital room, according to Stern.

The book discusses Stern’s financial dealings with various magazines and TV shows, which Wecht felt was common practice in the entertainment industry and good business. Photo shoots of newborns and happy families always command a top price, Wecht explains.

Howard K. Stern describes the minute-by-minute events in Anna Nicole’s hospital room during Daniel’s visit. Smith only drank water or juice, as she had never developed a taste for carbonated drinks, it was reported.

Everything seemed great, although Daniel Smith once wondered aloud why he was so tired. Howard told Wecht that the comment later haunted him.

Nassau medical examiner Dr. Raju, with whom Wecht had worked previously on other cases, performed Daniel’s primary autopsy. He welcomed his friend Wecht and together they assessed the young man’s body once more, comparing notes. They looked at his stomach contents, but there was nothing noteworthy there, such as undigested pills or capsules. As Wecht worked, he made notes which have never been reported elsewhere.

Raju had attributed Daniel’s cause of death as “accidental multiple drug toxicity,” and Wecht concurred. Raju had sent tissue samples to LabCorp, an excellent basic toxicology lab in Tampa, Florida. When the results came back, Daniel was found to have had methadone, Zoloft and Lexapro in his system at death. All three were of a high therapeutic level but the combination of the three was what sent him into a fatal downward spiral.

SSuicide was ruled out because of, among other reasons, the open joy Daniel had shown with his new baby sister, “This family that should have been looking forward to the approaching holidays together, instead of having one of them dead and the others left to defend themselves against baseless charges,” Wecht wrote.

With suicide eliminated, murder, accidental death, or undetermined were the other options for manner of death. Dr. Cyril Wecht would have his own independent toxicology tests conducted with a separate lab, before he could assert how and why Daniel expired.

Dr. Wecht sent his own samples, collected during Daniel’s second autopsy, to the National Medical Services lab in Willow Grove, Pennsylvania. In Wecht’s opinion, NMS is the premier forensic toxicology experts in the U.S., if not the world.

Following Daniel’s procedure, Dr. Cyril Wecht was met outside the morgue in the Bahamas by a barrage of media, consisting of reporters and camera crews. With Stern’s permission Wecht held an impromptu press conference, with attorneys Scott and Ferguson also present. In more than four decades of doing this work, Wecht had never seen such a constant and intense barrage of news media inquires, at the scene and for weeks to come.

After the press conference Dr. Wecht was driven to Horizons. He saw happy family photos adorning the walls, in sharp contrast to the red-rimmed eyes of Howard Stern and Anna, with whom Wecht had a touching and interesting exchange. Before she returned to her bedroom, Anna squeezed Wecht’s hand and thanked him for examining her son. “I don’t know how this happened,” Anna sobbed. “Daniel was a good boy — he wasn’t into drugs.”

The people at Horizons gave Dr. Wecht a good overview about who Daniel was and his relationship with his mother and Stern.

Later, still at Horizons, Wecht had a phone conversation with Dr. Sandeep Kapoor, who was both Anna Nicole and Daniel’s doctor. Kapoor confirmed that he had prescribed methadone for a then-pregnant Anna because it was safe for a fetus, but he had never prescribed that drug to Daniel.

When Dr. Cyril Wecht returned to the states, he saw that public interest in Daniel’s demise was still raging. Fox News’ Greta Van Susteren led a panel where talking heads suggested there had been foul play. Wecht marveled that so many people had opinions, without having seen the toxicology results yet.

Wecht spends a fair amount of time discussing how Daniel might have come to ingest the drugs that killed him. Both Stern and Anna Nicole said they did not furnish the pills, so where did Daniel get the medicine, who prescribed it to him, and why?

Over the next several weeks, Dr. Wecht continued to appear on TV shows to discuss this case, always with Stern’s blessing — but by no means did Stern have input on what Dr. Wecht would say.

Coauthor Dawna Kaufmann describes playing for private eye Jack Harding the video clip of Anna Nicole inviting Daniel to visit her in the Bahamas. This fresh insight is also exclusive to the book and fascinating to read. Harding tells of his encounters with Daniel, asking for the P.I.’s help in saving his mother.

Multiple sources—from Harding, to Anna’s mother Virgie Arthur to former pals and employees—have said Stern controlled Anna and doled out drugs to her every four hours. This book analyzes ever person’s commentary and their possible motivations.

Dr. Cyril Wecht says he received at least 20 phone calls from Stern, at all hours of the day and night, making specific requests, seeking information and urging the doctor to communicate with the toxicology labs and various people. Stern seemed to be aware of every comment about the case on every cable TV news program and in every magazine and newspaper, and appreciated Wecht’s skill in getting across accurate information in those sometimes fast-talking, sound-bite environments.

Drs. Raju and Wecht spoke frequently via their respective offices in Nassau and Pittsburgh, Pennsylvania, while awaiting the final toxicology results. There’s some charming personal information about how these two expert medical detectives viewed the media storm surrounding this case.

On Nancy Grace’s Cable Headline News’ program, information was given as fact that was later disproved by toxicology reports. But Grace’s show wasn’t the only one where wild speculation occurred. Wecht talks about watching many of them and wondering if they were more vested in promoting an agenda, rather than following the facts.

Dr. Wecht has many cogent observations about Virgie Arthur and her clear pain over losing a beloved grandchild and fearing for her daughter’s well-being. And Wecht gives rich details about his views of Stern, whose sincerity seemed genuine. Of course, Wecht was also mindful of the potential giant pot of gold these people, and others, might be chasing. In looking at the motivations of the many people who had been around Anna and her son, Wecht performs psychological autopsies and holds back nothing.

This riveting book also contains new details surrounding Daniel Smith’s funeral that I have never read in any other accounts. Included is Anna Nicole Smith’s plaintive wailing: “I don’t want my husband, I want my son back. Leave me alone, leave me alone. Don’t touch me!” Rosespeaks.com readers know what the nannies’ account of the day was like, but “A Question of Murder” offers another view.

Also revealed in the book is a prescription drug that Daniel took, which Wecht declined to identify during his Nassau press conference. Wecht explains his reason for mentioning it in the book, and why it should be part of Daniel’s autopsy record now. I must say the inclusion of this drug stunned me.

Daniel Smith’s full autopsy results, including the NMS Labs toxicology, were made public in January 2007. Around the same time, in Nassau, attorney Wayne Munroe became the sole attorney for Howard K. Stern and Anna Nicole Smith. Munroe would be behind every important behind-the-scenes move for the pair from then on.

More surprises come with Dr. Wecht’s accounts of the Bahamian Coronial Inquest, including how and why it seemed to start and stop. Wecht found two inquest witnesses especially problematic, and he paints a vivid picture as to who and why. One man’s testimony was so troubling to Wecht, it evokes a series of emails and calls between the doctor and Stern.

In the final analysis, Wecht writes his truthful views of all of the players in this case — the people we know so well at Rosespeaks.com. You may agree with him, or you may disagree, but you can’t help but be impressed by his decision to expose the full spectrum of personalities and events surrounding Daniel’s death.

And Dawna Kaufmann’s research and writing nicely fills in who this tragic 20-year-old was in life, making him a complex and fun human being who never got the chance to live his life to the fullest.

As convoluted as Daniel’s investigation was, Wecht notes the sorrow he left in his loved ones’ hearts. He ends the chapter with this thought about Daniel: “Hopefully, when [people] think of him, they will remember the joy of his life, rather than the mystery of his death.”

Rose Speaks.com readers will have unprecedented access to the authors, if you bought the book and have questions, ask them here, when Rose Turner talks to the co-authors if they can they will answer them. Don’t miss this rare access to the authors of “A Question of Murder”. If you have not picked up a copy of the book both Amazon and our favorite online store Barnes and Noble has it in stock.

NEWEST FILINGS IN THE TEXAS STATE DISTRICT COURT FOR HEARING ON AUGUST 28, 2009

August 27, 2009 Rose Turner’s Objection to Art Harris Motion to Reconsider the Appointment of Craig Ball with a Request for Protective Order and Stay in the forensic exam of his electronic media.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2367.

August 27, 2009 Rose Turner’s Exhibits B-H filed with Objection to Art Harris Motion to Reconsider the Appointment of Craig Ball with a Request for Protective Order and Stay in the forensic exam of his electronic media. Exhibit A as stated was filed for an in camera review before becoming part of the Judicial Record.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2368.

August 28, 2009 Plaintiff Virgie Arthur’s Response to Art Harris Motion to Reconsider the Appointment of Craig Ball with a Request for Protective Order and Stay in the forensic exam of his electronic media.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2369.

May 2009 Texas Appellate Decision of Designation of Responsible Third Parties is NOT wrong and in fact should and can be used to avoid the statute of limitations.

http://www.rosespeaks.com/modules.php?name=Downloads&op=getit&lid=2370.

©Rose Turner with the aide Dawna Kaufmann
August 27, 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 with Dawna Kaufmann 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: A Question of Murder, Anna Nicole Smith, Anna Nicole Smith's nannies, Anthony McKinney Esq., CBS-ET, Celebrity Trials, Chief Coronor Linda Virgill, Daniel Smith, Daniel Smith autopsy, Daniel Smith's funeral, Daniel Smtih Autopsy, Daniel Wayne Smith's Death Investigation, Dannielynn, Dawna Kaufmann, Dawna Kaufmann - A Question of Murder, Dr Cyril Wecht - A Question of Murder, Dr. Cyril Wecht, Dr. Cyril Wecht and Dawna Kaufmann, Dr. Raju, Dr. Raju - Nassau medical examiner, Dr. Sandeep Kapoor, Entertainment Tonight, Greta Van Susteren, High Profile Trials, Horizons - Anna Nicole Smith's home, Howard K Stern, Jack Harding, Jack Harding P. I., LabCorp Tampa Florida, Linda Virgill, Michael Scott Esq., Nancy Grace, Nassau Bahamas, National Medical Services, Tracy Ferguson Esq., Virgie Arthur, Wayne Munroe, Wayne Munroe Esq.