Howard K Stern Motion To Recuse Judge Lindsay DENIED

After a flurry of motions, sworn statements and joinders,  Administrative Judge Olen Underwood denied Howard K. Sterns motion to recuse Judge Tony Lindsay who was presiding over the case of Virgie Arthur vs Howard K. Stern, and others.

Mrs. Arthur filed a conspiracy and defamation case that was originally assigned to the 190th District Court in Harris County Texas. The case saw no action so it was moved to the 280th District and the Honorable Judge Tony Lindsay in September of 2008.

In December of 2008, four of the defendants lost their attorney due to various reasons. Some gave the reason of lack of funds, other reasons given were conflict of interest. Either before or shortly after, one defendant, Nelda Turner decided she wanted out of the lawsuit and contacted Mrs. Arthurs attorney Neil McCabe and began to turn over evidence.

Turner has stated on her website she turned over five to six DVD’s full of emails to McCabe concerning the bloggers, defendants and witnesses in this case and publicly wrote a statement of cooperation. Suddenly Turner came up with an attorney, reneiged on whatever agreements she had with counsel for Arthur, gave a sworn statement that was in direct opposition to emails revealed between herself and McCabe and statements she made on her website.

Howard K. Stern’s counsel Lin Wood filed a motion to recuse the judge on the case apparently based upon statements made by Turner and a rumor of ex-parte communications between McCabe, Judge Lindsay and Judge Wise who was the one who moved the case.

Sources who attended the hearing today say that when Judge Underwood asked for evidence of Judge Lindsay’s misconduct from Attorney Luke Lantta who was filling in for Lin Wood, he did not have any actual evidence other than Turners statement. Underwood ruled “motion denied”.

The case was previously stayed by defendant Bonnie Stern filing bankruptcy but McCabe for Arthur filed a motion with the bankruptcy court in California and got the stay lifted.

Now the case can continue and it promises to be quite interesting as it involves not only Mrs. Arthur, the mother of the late Anna Nicole Smith but Smith’s companion and attorney Howard K. Stern, journalist and CNN coorespondant Art Harris, TMZ and its managing editor Harvey Levin, the father of Anna Nicole’s infant daughter, Larry Birkhead, Sterns sister Bonnie and two bloggers Lyndal Harrington, Teresa Stephens and a blog owner Nelda Turner.

Yours truly is a witness in the case as well as another blogger Chrystal Baker who goes by the moniker Havana. If I am able to provide anymore details, Ill update this page.

Signed order denying recusal of Judge

**Updates**

Lack of evidence was indeed the reason for the ruling today and Judge Lindsay will be presiding again, because Judge Underwood signed the order denying recusal.

Before Mrs. Arthur can proceed against Bonnie Stern, the bankruptcy judge in California must sign the order reflecting his ruling from the bench. Ms. Stern can appeal that ruling if she so desires.

The issue of sanctions was postponed due to Stern’s attorney Lin Wood’s absence and will be addressed at a later time.

To explain the issue about Judge Wise and the transfer of the case; An affidavit was admitted into evidence from Judge Wise, saying that, after Mr. McCabe filed his motion to reconsider the transfer of the case from Judge Kerrigan (190th) to Judge Lindsay (280th) (in other words, McCabe’s motion asked Judge Wise to send the case back to Judge Kerrigan), Judge Wise asked both other judges what they thought of the motion to reconsider transfer. Judge Lindsay responded by email, and Judge Wise had already decided not to grant the motion to reconsider.  Apparently before Judge Wise could deny the motion, McCabe withdrew it. Everything was done  properly. Judge Wise was not present at the hearing.

Wood let Luke Lantta, a four-year lawyer, take the bullet for him.  Also present was Herring, managing partner of the Dallas Bryan Cave office, who let Mr. Lantta take the loss.

Howard K. Stern was not present. Lyndal Harrington was. Attorney Mike Meyer handled the hearing. McCabe was of course present and testified. Attorney John O’Quinn was present, and so was Don Clark. Mr. McCabe’s paralegal Patti Lampton was there, and Jonathan Stoger, another O’Quinn lawyer who has helped with Mrs. Arthur’s case was there too. So was WV.

Defendant Art Harris had Chip Babcock to carry and fumble the ball; also Amanda Bush, and Nancy Hamilton.

Nelda’s Turner’s lawyer was there as well. As far as what happens next, Judge Lindsay takes over so we wait and see.

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