One of our members has made available the latest, 02-15-2008, filings in the civil case of Virgie Arthur vs Howard K. Stern, CBS Studios Inc. and KPRC Houston. The subject matter is an interview that the late Anna Nicole Smith and Howard K. Stern gave to CBS owned “Entertainment Tonight”, which is a celebrity news television show. The documents relate to Howard K. Stern’s assertion that Texas should not be the jurisdiction for the lawsuit. Thank you for sharing the documents “D”.
The first one is Arthur’s amended response to defendant Stern’s rule 12(b)(2), motion to dismiss for lack of personal jurisdiction.
These are affidavids and transcripts marked “Exhibits A – G”
Arthur_Affidavits_transcripts.pdf
The next is portions of Stern’s videotaped deposition that was taken in Atlanta, Georgia on January 4th 2008, marked “Exhibit H”.
Finally, the “proposed order” for motion to dismiss for lack of personal jurisdiction.
Arthur_proposedOrderDenyingMotiontoDismiss.pdf
JMO
JMO
{ 35 comments… read them below or add one }
Thanks D and QV for posting these documents.
I’ll try again. Arggghhh – I composed a whole comment only to lose it after I hit ’submit’ because I wasn’t logged in.
Anyway, this looks pretty cut and dry to me. It seems the latest talking point (hit job) against Virgie Arthur is that she had an agent and is therefore a public figure.
First of all, I’ve seen no agent agreement or contract. None of those “bombshell” emails were from Virgie Arthur, and I question if she even knew about them — until this newest smear. If anything, it makes the case for her that she was and still IS being slandered/defamed/libeled.
Secondly, if (and that’s a BIG IF) she WAS a public figure, Stern definitely makes the case for the necessary criteria of malice. He called Mrs. Arthur’s family giving them an ultimatum if not an outright threat.
Mrs. Arthur did not go on Nancy Grace for fame or for herself. BECAUSE of Stern isolating Anna, it was the only way she could reach her daughter with her dire and sadly prophetic warning.
Too bad Anna did not heed this warning.
Yes, thank you “D” and QV for putting these up.
I sure hope everything goes good for Virgie. Thanks for the information. This is so interesting.
1 HKS made threats to 2 females related to ANS
2 When an individual says to a parent, do such and such or you will never see your child again, that is a federal crime
3 HKS has no written agreement with ANS to receive 6% of any monies that might come into the possession of her estate
Thanks QV and “D”.
The last document has been submitted but is yet not signed by a judge, correct?
And for the record, I don’t believe Howie has anything in writing to support his 6%, if he did he would be waving it all over the airwave.
Thank You D and QV. I love facts, and appreciate the work & the update.
You gotta see these. they are good. Just waiting on the inquest
http://bamacatart.blogspot.com/
Dee.
I realize that link you posted was a spoof site,but there are some great Anna/hospital pics on there I had never seen. In partcular the one with GBT/ Thanks so much.
There is an agreement that was signed that is on file with the state of California, I believe, about the 6%. I remember Howard or Lin Wood saying something about it being on file and that it could be located easily. I have never tried to locate it but I don’t have a reason to believe it doesn’t exist.
What proof is there that Howard threatened family members about Anna? Really, if there is some proof I would like to see it. That’s not me being a sh*t starter. It’s simply me asking if there truly is proof. As far as I know it’s their word against his. That seems to be the theme for most accusations by either side. It’s HKS word against VA and vise versa. They have both been less than totally honest so it’s hard to know just what is actually true and what isn’t.
Hope all had a good weekend.
Ut Oh
I would think such an important document as the 6% fee would be a valuable document that HS would make sure he had a copy in his very own hands. Just like Anna’s will, no one, but Rale had a copy of her will, and that was stashed at his home. When wills are drawn, more than one copy is distributed, that document should also have been in Anna and HS’s files. Seems they put no value on documents that are extremely important.
This is to Uh Oh I am sure Virgie has the telephone calls on record that Howard called virgie and her relative. It is easy to get a record of the calls if you are an attorney. Howard would not have called Virgie if he wasn’t mad at her. He had nothing to do with her.
Tropicana Says:
February 18th, 2008 at 4:54 pm
I would think such an important document as the 6% fee would be a valuable document that HS would make sure he had a copy in his very own hands.
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Well of course he would have a copy if that agreement existed. He couldn’t even produce it in California in court. It’s a fantasy.
Dee Says:
February 18th, 2008 at 5:21 pm
This is to Uh Oh I am sure Virgie has the telephone calls on record that Howard called virgie and her relative. It is easy to get a record of the calls if you are an attorney. Howard would not have called Virgie if he wasn’t mad at her. He had nothing to do with her.
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His big sister BS even threatened Mrs. Arthur with “over my dead body” when it came to seeing her own grandchild.
They are a confrontational lot even though neither of then knew Anna’s family and were not related to Anna in any form.
Jack Harding said Daniel was afraid of Stern.
I believe Jack Harding took a one time meeting and jumped on his 15 minutes. I don’t put much weight in what he says. Daniel may have been afraid but I don’t believe Jack Harding.
I’m sure that the document in question will be produced. If not then I will say ok maybe it doesn’t exist but as a lawyer, Howard would have been an idiot at the time not to get a sign contract stating the deal. At the time that this was all done, he was just her lawyer and hadn’t yet become a full time friend.
As for the phone calls. HKS probably did call VA and tell her that she really hurt Anna by what she said and that if she didn’t get out of the media she wouldn’t see Anna ever again. He probably wasn’t nice about it but a threat? To not see her daughter again? They had been estranged for several years and in the same situation I would probably have someone call my mother and tell her the same thing.
Just so were straight on where I’m at.
I believe both HKS and VA have made mistakes. Everyone does. I believe they both have lied and more than a few times. I don’t believe Howard drugged Anna against her will and I certainly don’t think he killed her or Daniel. I believe both were tragic accidents. I can’t help but think that VA did some pretty ugly things to Anna (at least in Anna’s opinion.) I look at that video and see the rage in Anna’s face and I think there’s got to be something to it. She may not have been raped. I don’t know. All I have to go by is what Anna has said and the way it was said and it sends up red flags with me that there is something to it.
HKS seems to have a problem producing documents. Were any of the documents produced that were asked for when he was deposed by McCabe? I don’t remember reading ‘yes’ to any of the questions regarding the documents that had been requested. You’d certainly think that a document proving he’s entitled to any money would be pretty important and easy to obtain. Even if it’s with the attorney’s that have all the documentation regarding the Marshall estate, I’m sure they have fax machines. The fact that it hasn’t been produced makes me believe it doesn’t exist.
As far as the mommy dearest video goes, it’s amazing how people interpret things differently. I saw a woman that was obviously impaired. I saw someone shaking with rage because she knew her son died as a result of her lifestyle choice and the guilt over it was eating her alive. Whether she was abused as a child or not (I don’t believe she was), she was a nearly 40 year old woman that had had two children of her own. It was long past time for her to grow up, accept the responsibility that comes with becoming a parent and act like an adult. Instead, she chose to blame anyone and everyone for all the problems that she created. It’s heartbreaking that Daniel was a casualty of her selfish and immature attitude.
I find two things particularly interesting.
The first would be that agreement that Stern has yet to produce regarding the 6%. It would be very simple for him to get a copy (assuming it exists) from the Bankruptcy court where he alleges that they have a copy, or from the lawyer that drafted the agreement. Since he made a claim against Anna’s estate months ago, one would “assume” that he would produce it to the probate court. Now that McCabe has requested the same document, it appears to me that he cannot produce it, as it does not exist.
The second thing is the phone call to Virgie. First he claims that doesn’t remember making such a call, which would require Virgie to produce the phone records, which I do believe will confirm the phone call. Once proven, Stern will then probably deny the content of the phone call. Problem is, at this point, if he cannot remember making the call, how can he now remember the content?
And I agree with Phoebe’s observations in regards to the mommy dearest video. I highly suspect that the whole thing was orchestrated by Stern. After so many years, why pick that particular moment to make those allegations? And yes, Anna was almost 40 years old and about time she grew up. The “blame mommy” game gets old.
Here’s a thought. What if there was no Marshall settlement looming. What if that case was declared dead in the water. Would Howie and Larry be still hovering around Anna’s estate, which looks like it could be in the red. And the last question, what if the Marshall case was lost prior to DL being born, would Howie, and then Larry still want to be in her life? Or would DL be now with her grammy? I have often thought of these questions.
As far as Dannielynn is concerned I tend to think that maybe Anna tricked Larry into making a baby and she probably had no intention of sharing parenting responsiblities. My guess is she probably thought Larry would high tail and run when he found out she was pregnant and when he didn’t she might have thought she could force him out. I believe Larry always had the intentions of being a part of Dannielynn’s life. He fought for her way before Anna’s death when any Marshall money would have gone to Anna and not Dannielynn. I don’t believe that Larry would have just turned his back and let her go live with Virgie or anyone else, no matter what. I do believe that he had every intention of letting her be a part of her life until a closed door meeting that the only 2 people that know exactly what was said contradict each other on that. Again it’s he said/she said. I know that seemingly after that meeting Larry had changed his mind about her intentions.
I don’t think there is going to be any Marshall money. If anything they might settle for a small amount just to get it over with now that everyone, besides Dannielynn, that stood to gain the bulk of it is, very sadly dead. Then again, they have fought it for so long why settle now? I certainly don’t think Anna was entitled to half of it and it’s beyond me how people can think she was. For what? Marrying a man that was basically on his death bed. It’s obvious the reason behind the marriage. I do believe he told her she would be taken care of but for how long, I don’t know. In that Christmas video she is obviously trying to get him to say he is leaving her such and such money or take care of her for the rest of her life and he clearly knows what is going on and is very specific in what he says.
The document in question, I guess if it exist it will be produced. If not, then Howard wasn’t very smart, as a lawyer/client agreement is usually the first thing a lawyer will want a signature on. I guess one way or another we will see. But, in all honestly, what does that document have to do with a deflamation suit Virgie has against Howard for what Anna said? I don’t see the connection so in my mind it takes it back to “who gets the money?” that Virgie questioned after Daniel death on which ever show that was she was on. I don’t remember but I think it was Greta.
I honestly don’t know if Anna was abused or not. I do know that I had heard her talk about being “beaten” before the ET interview. I had never heard her say she was raped before and I honestly didn’t get the sense that she had been when she said it. I do think that something went on. The long estrangement, the anger, how could something not have? It happened before Howard came into the picture so I don’t believe he was the cause of it. As far as blame. I do know from experience with my father and a few friends that addiction is the covering up of feelings, usually from some kind of childhood trauma so it kind of fits. But, saying Anna was an adult and shouldn’t blame Virgie and then turn around and blame Anna for Daniels choices, when Daniel was an adult, it’s a bit of a contridiction. My father is addicted to pain meds to this day. I don’t hate him and we actually, fortunately, get along great. I have tried repeatedly in the past to get him to go into rehab and he refuses to even acknowledge he has a problem. Like Anna, he thinks because it isn’t illegal drugs that it’s not a problem. I’ve called his doctor. He just finds another. He even has a guy that he buys it from. I turned that guy in and he found someone else. I finally realized that nothing I do or say is going to change it. He is going to have to come to that realization himself and when he does I will be there to help. I pray every night that he is ok. I have watched him since I can remember, either drinking (in the beginning) or taking pills and I made the choice to never “raid the medicine cabinet” or take a pill from him when he offered it for a headache or backache. At the end of the day, as adults, we are all responsible for ourselves and our decisions.
I don’t think Virgie or Howard are these evil people that they’ve been made out to be. I am not naive enough to form an opinion just because someone says it’s so. If someone has something that says something different than what I currently believe then I will take a look at it with an open mind. As a matter of fact, in the beginning, I used to think Howard was a total bad guy.
Wow sorry QV. I didn’t realize it was that long.
Jack Harding and Ray Martino are friends. Martino never disputed a single solitary word Harding said and Daniel lived with him.
Daniel carried Jack Harding’s business card in his pocket all the way from California to Florida and then on to the Bahamas. The police found it and contacted Jack Harding.He wasn’t the one looking for fame in the Anna zoo.
Stern has shown no prowess or talent as an attorney, it’s obvious from the haphazard state of ANS’s affairs when she died that he wasn’t competent in legal transactions. So it’s not surprising that he has no paper work to back up his wild claims.
Birkhead says Stern has bags of money in off shore accounts so it wouldn’t be difficult for him to maintain Anna’s houses. It’s the least he can do.
Anna was known to invent all sorts of dramatic stories to support her craving for fame.
Little did she know that the one who supplied the drugs for her and her son would get so much time in the spotlight.
Jack Harding and Ray Martino are friends. Martino never disputed a single solitary word Harding said and Daniel lived with him.
Daniel carried Jack Harding’s business card in his pocket all the way from California to Florida and then on to the Bahamas. The police found it and contacted Jack Harding.He wasn’t the one looking for fame in the Anna zoo.
Stern has shown no prowess or talent as an attorney, it’s obvious from the haphazard state of ANS’s affairs when she died that he wasn’t competent in legal transactions. So it’s not surprising that he has no paper work to back up his wild claims.
Birkhead says Stern has bags of money in off shore accounts so it wouldn’t be difficult for him to maintain Anna’s houses. It’s the least he can do.
Anna was known to invent all sorts of dramatic stories to support her craving for fame.
Little did she know that the one who supplied the drugs for her and her son would get so much time in the spotlight.
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But Ray Martino has never defended Jack Harding either.
I didn’t blame ANS for Daniel’s choices. I believe that Daniel died as a result of either accidentally drinking her methadone filled beverage or he was given something without his knowledge. Her being an addict is the reason methadone was in the hospital room. I believe, as an adult, she was responsible for making the decision to bring methadone to the hospital. And I believe that knowledge, not grief, is what destroyed her.
I don’t know how Daniel got the Methadone. He may have gotten it from Anna or she may have told Howard to give him some or Howard may have given him some without Anna’s knowledge. Only Daniel truly knows where he got it from. (And maybe Anna and Daniel)His death was a tragic accident. I don’t think he was “slipped” anything. If Howard or Anna had anything to do with his taking Methadone then I believe he knew full well what he was doing. He just didn’t know that when mixed with other drugs, and the fact that Methadone has a long half life and stays in the system building up, that it would kill him. He was hospitalized in California a few months earlier for a problem with Xanex (I believe that’s what it was.) It’s not a long stretch to believe that he had started using other things as well.
Didn’t Ray Martino say that Daniel only met with Harding the one time?
typo
maybe Anna and Howard
IMO, Anna was consumed with guilt when Daniel died. Howie had to keep her heavily sedated, it was her drugs that Daniel consumed, and Anna knew it. What mother could live with that knowledge sober?
ANS and HKS were responsible for the methadone being in the hospital room. The meds that were prescribed by the doctor and administered by the nurses weren’t enough to get her high, so they brought their own. She and HKS were the ones responsible for methadone being there and they’re responsible for Daniel dying. Whether one of them gave it to him or he accidentally drank his mother’s cocktail, both ANS and HKS are at fault for being selfish and irresponsible enough to have brought meds to feed an addiction to that room.
No one knows if Daniel’s death was an accident. And I doubt we ever will know what happened that night. Key witnesses are disappearing at an alarming rate.
Key witnesses disappearring tells me Gibson dynasty still holds a lot of clout. Why does this island remind me of Aruba and the corruption there?
Tropicana Says:
February 20th, 2008 at 6:40 am
Key witnesses disappearring tells me Gibson dynasty still holds a lot of clout. Why does this island remind me of Aruba and the corruption there?
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Does this tell you why Howard likes the Bahamas so much.
Tropicana Says:
February 20th, 2008 at 6:40 am
Key witnesses disappearring tells me Gibson dynasty still holds a lot of clout. Why does this island remind me of Aruba and the corruption there?
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and why Howard likes the Gibsons so much too.
Martino has never had any reason to “defend” Jack Harding. What they each say supports that Daniel didn’t want to go to the Bahamas but wanted to see his new sister. There is no conflict in their statements regarding DWS. Jack Harding is more reliable in that his career isn’t connected to pornography. We have seen that particular connection tends to breed deceit, at least in the case of those dedicated to harming Mrs. Arthur and all others who had ANS’s best interests at heart. Martino never said anything about how many times DWS saw Jack Harding.
DWS was never associated with Methadone. According to Larry Birkhead, Stern and ANS were. So it’s plain as day where DWS got the Methadone and VERY unlikely he took it knowingly.
There is no proof DWS was ever hospitalized for Xanax or any other drug. The idea is preposterous and calculated to ruin his unblemished reputation and make Stern look less guilty.
He was hospitalized for stomach cramps and back pains according to his mother.
http://www.hollywoodgrind.com/daniel-smith-police-report-further-implicates-howard-k-stern-in-his-death/
I just can’t believe Daniel accidently ODed himself. It doesn’t make sense that (according to HKS) he didn’t understand “why he was so tired.” If he had knowingly taken a number of drugs he wouldn’t have been surprised by the drowsiness that ensued. I really think something was slipped to him without his knowledge. The fact that Howard was ready with the camera, leads me to believe he wasn’t at all surprised by Daniel’s death. What kind of human being, who knows a boy for half of his life, discovers the seemingly healthy 20 year-old dead in a hospital room, and isn’t flipping the f*ck out & in total shock? No, Howard was able to hold the camera steady and snap away. No tears, no hysterics… Of course, this is in total contrast to his behavior at the Hard Rock, where he was on the floor, wailing & inconsolable, even though Anna had not even been pronounced dead at that point. Despite Howard’s display of “overwhelming grief”, I find it soooooo interesting that he had the presence of mind to immediately book rooms for ET staff members at the Hard Rock. And the SOB never even made it to the hospital to see if she had been revived, leaving a “bodyguard” to act as “next of kin”. And let us not forget Howard pretending to cry in his PAID interview with ET. I was open to possibility of two accidental deaths on the HKS’ watch, (however suspicious) until I saw that interview. HKS’ actions speak volumes to me.. He is cashing in on the deaths of two people he supposedly loved within hours of the “unexpected” deaths? HKS is is BEYOND callous! And quite possibly (likely, imo) a murderer.
I have to disagree with part of the comments above. The Dr. Stated that it was an intentional o.d., that the amount taken/given wasn’t an attempt to get HIGH. Therefore, unfortunately he didn’t accidently get her dose. The amount he had in his system was enough to kill him twice…at least.
Daniel only met with Harding one time, because he didn’t live long enough to return with the money to hire him, and meet with him more…………