Stern vs Cosby Will Go To Trial – Hachette Books Win Summary Judgment

The Honorable Judge Denny Chin of New York’s Southern District Federal Court rendered his decision yesterday in the case of Howard K. Stern vs Rita Cosby and Hachette Books, on Cosby and Hachette’s motions for Summary Judgment.

Hachette Books won their motion and are dismissed from the case. Judge Chin found that a book publisher has no obligation to investigate a book author’s sources.

Cosby’s motion was granted in part and denied in part.

The dismissal of Hachette naturally has the affect of reducing any award that Stern may reap if this case, barring settlement goes to trial if by chance he would win any of the remaining counts he cites as defamatory.

Stern said Cosby attributed the following to him in his original complaint about her book.

1. Criminal Lewd Act and Homosexuality

2. Videotaped Homosexual Act

3. Illegal Cocaine Use

4. Filing a false police report

5. Conspiracy to Commit Murder

6. Perjury

7. Pimping

8. Fraudulent Inducement for Prostitution

9. Obstruction of Justice and Destruction of Evidence

10. Theft Money Laundering and Wire Fraud

11. Fraudulent and Perjurious Statements Regarding Dannielynn’s Paternity

12. Kidnapping for Ransom

13. Extortion or Blackmail of Larry Birkhead

14. Drugging Anna Nicole

15. Criminal Involvement in the Death of Anna Nicole Smith As Evidenced by Financial Motive

16. Criminal Involvement in the Death of Anna Nicole Smith As Evidenced by Financial Motive (this is listed twice in the original complaint)

17. Criminal Involvement in the Death of Anna Nicole Smith As Evidenced by the Fax of Ms. Smith’s Will (Five Days Before Her Death).

18. Criminal Involvement in the Death of Daniel Smith

19. Criminal Involvement in the Death of Anna Nicole Smith

Judge Chin makes note that as the non-moving party, the court construes all facts in a light most favorable to Stern.

Cosby’s motion for summary judgment was granted as to Statements 3, 4, 5, 6, 9, 10, 12 and 14. Summary Judgment was denied as to Statements 1, 2, 7, 8, 11, 13, 15, 16, 17, 18 and 19. The later are the issues that will be before a jury if this case goes to trial.

Thinking of how close any of us who follow the Anna Nicole cases could have came to having a copy of one “smoking gun”, which became counts One and Two is regretful. Mine personally is that I did not save the video displayed on former Bahamian resident Lincoln Bain aka Mr. Controversy’s site. Nor had anyone else who I asked.

The video was replaced with a disclaimer that it had been edited. Although Bain assured his readers the full and unedited interviews with Anna Nicole’s nannies, Quethlie Alexis and Nadine Alexie would be placed back on his website, it never happened.

Lincoln Bain, who previously voiced his opinion that Howard K. Stern is homosexual ended up becoming a spokesman for the two women and was instrumental in foiling any attempts that Rita Cosby made to get sworn affidavits from them. Bain then mysteriously became a “so called” reporter for journalist Art Harris. Harris has written on his blog that Howard K. Stern shared his innermost secrets with him, leaving inquiring minds to wonder what happened to cause Bain’s change of heart regarding his criticism of Howard K. Stern.

I can say that because I was fortunate enough to speak to a couple of different sources who attended the inquest into the death of Daniel Smith. Bain’s reporting on Harris’s site about the inquest greatly differed from what I was told. Read the series here, here and here and here and here and here.

Shortly after the conclusion of the inquest and 15 minutes of fame on Fox News where Bain did a 180* about the two nannies from his original reporting,  Bain closed his website down and has claimed to have left the Bahamas to move to the UK. The two nannies also disappeared and have not been heard from.

Judge Chin’s 58 page opinion says that a jury should hear what encompasses the questions of whether Cosby was reckless and acted with malice in publishing certain portions of the book or was wrong to rely on certain sources who told her that:

• Stern and Larry Birkhead are homosexual and Anna Nicole frequently watched a video of Stern and Birkhead engaging in gay sex.
• Stern acted as a pimp and collected money from numerous men in exchange for sex with Anna Nicole.
• Stern lied about being the father of Dannielynn.
• Stern is responsible for the deaths of Anna Nicole and her son Daniel Wayne Smith.
• Stern embezzled money from Anna Nicole and sent it to offshore bank accounts.
• Stern had Anna Nicole’s will faxed to him five days before her death..

Judge Chin dismissed the following counts and said that Cosby was not reckless or acting with malice and a jury will not hear when she wrote:

• Stern and Anna Nicole were users of cocaine.
• …in regard to the conviction of Mark Hatten for assault and stalking Anna Nicole. Also that Stern tried to get Hatten to murder Pierce Marshall who was fighting a multiple year battle over her late wealthy husbands millions.
• That Stern perjured himself on the stand in the February 2007 Florida burial hearing when he falsely denied being paid for an interview by Entertainment Tonight.
• Stern destroyed evidence by flushing pills down the toilet he reportedly found in Daniel Smith’s pocket after he mysteriously died.
• Stern offered Birkhead custody of Dannielynn and other enticements in return for Birkhead leaving him as executor of Anna Nicole’s estate.
• That Daniel Smith told “someone” Stern kept feeding his mother drugs and that he controlled Anna Nicole like a “Svengali”.

While Stern is busy defending himself in Los Angles Superior court along with two of Anna Nicole Smith’s doctors, Sandeep Kapoor and Khristine Eroshevich, for felony drug charges in connection with the drug overdose death of Anna Nicole Smith, he will also continue to litigate this case with the next hearing being a pre-trial conference in Chin’s court on September 11th at 12:00 pm.

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Tagged as: Anna Nicole Smith, Art Harris, Daniel Wayne Smith, Hachette Books, Howard K Stern, Judge Denny Chin, Larry Birkhead, Lincoln Bain, Mr Controversy, Rita Cosby, Stern vs Cosby goes to trial