Virgie Arthur vs Howard K Stern et al Art Harris Wins Writ Of Mandamus Challenge

Plaintiff is Virgie Arthur, mother of Anna Nicole Smith. 80th District Court in Harris County, Texas and Judge Larry Weiman presiding is the forum for this suit.

Defendants are Howard K Stern, personal attorney of Anna Nicole Smith. Bonnie Stern who is HK Stern’s sister who has already had a default judgment entered against her in this case. Larry Birkhead, father of Anna Nicole’s baby daughter. Art Harris, television journalist who is also embroiled in the Haleigh Cummings case.  Harvey Levin and TMZ. Defendant CBS won summary judgment but must still submit to discovery. Nelda (Rose) Turner, a blog owner. Lyndal Harrington, a blogger and former moderator for Turner. Teresa Stephens, a blogger former moderator for Tuner who`has been non-suited and is now out of the case.

Mrs. Arthur’s Fourth Amended Petition. Click

Art Harris Petition for Writ of Mandamus. Click

Mrs. Arthur’s Response To Emergency Motion For Temporary Relief. Click

Mrs. Arthur’s Reponse To Harris Writ. Click

Link to the First District Court of Appeals decision (Writ). Click

The Appeals Court found the trial court abused its discretion by compelling overly broad discovery and not addressing a motion for protective order and a motion to clarify by Harris. It also ruled that the court should not have ordered Harris to produce his computer drives etc..without a showing by Arthur that the benefit of the discovery she requested outweighed the burden and expense to Harris. The court also ruled that this case was not complicated enough to appoint a “special master” and the court appointed a “forensic examiner” instead.

The appeals court concluded, “We conditionally grant the petition for writ of mandamus and direct the trial court to withdraw its discovery orders against Art Harris issued on January 27, 2009, May 11, 2009, and August 28, 2009. Any pending motions are dismissed as moot”.

However, as one of my favorite followers of this case says, “you can not un-ring the bell”. What Craig Ball, who was appointed to be “Special Master” in this case found was massive spoliation by Art Harris. He not only destroyed evidence but he attempted to cover it up.

IMO, it was known to Arthur’s counsel to be the case because of submissions by other witnesses and defendants. Hard drives belonging to other defendants have been voluntarily examined and will prove Harris’s actions and refusal to submit collaborating evidence.

Arthur’s counsel has the option to go back to the trial court and start over or they can proceed with what they already have as mentioned above.

Still pending is a Writ of Mandamus filed by Howard K. Stern who has been ordered to turn over his electronic media and documents.

Trial in this case is set for September of this year.