With opening statements beginning in the felony drug charges against Howard K. Stern  and doctors Sandeep Kapoor and Khristine Eroshevich, it promises to be an interesting week and not just in California.

In Harris County Texas, Anna Nicole Smith’s mother, Virgie Arthur is suing Howard K. Stern, Journalist Art Harris, Larry Birkhead, TMZ and its managing editor Harvey Levin, Bonnie Stern. Also being sued are Nelda Rose Turner and Lyndal Harrington who are bloggers. Arthur alleges the defendants conspired to slander and libel her to make sure that she did not have access to her granddaughter Dannielynn.

It appears by this document that Journalist Art Harris is in possession of confidential documents without authorization. This is not the first time this has happened with Harris who was given a confidential deposition given by Rita Cosby. The attorney for Howard K. Stern, L. Lin Wood supplied the document to journalist Harris for his blog during Stern’s lawsuit over the book Blonde Ambition.

Harris’s  attorneys Jackson-Walker have in the past represented CBS in Arthur’s litigation against them in Federal Court. The case was dismissed with prejudice but before that, Mrs. Arthur sat for a deposition.

Harris would have no other means to obtain the documents unless he obtained them from CBS or Howard K. Stern. Both were parties in the Federal litigation.

http://qvsplace.com/080310__Arthur_vs_Stern_Reponse_to_Harris_Motion_to_Seal.pdf

Question: What do Virgie Arthur and Michael Lohan have in common?

Answer: Both are parents of celebrity drug addicted children who have used mainstream media in an attempt to save the lives of their children.

Virgie Arthur, the mother of late model and actress Anna Nicole Smith, spent her daughter’s adulthood worrying about her. The two women ended up with a contentious relationship due to Anna Nicole’s drug use and Mrs. Arthur’s attempts to help her stop using. However, according to court records, they never completely severed ties.

The situation exploded into tragedy September 10th, 2006 when Anna Nicole’s son, Daniel Wayne Smith died suddenly of a methadone overdose within hours of arriving in the Bahamas to meet his three day old baby sister, Dannielynn.

Daniel Smith was not a drug user or abuser. A Bahamian inquest commenced and Doctor Lee Hern, lab director for the Miami-Dade County medical examiner’s office, said he felt Daniel’s death was the result of an “intentional” overdose. However all parties agreed that Daniel’s death was not a suicide. Daniel would have had to take six to eight 10mg tablets for the levels of methadone found in his body. Dr Hern testified that Daniel was not a habitual drug user and he had never seen anyone take methadone on a recreational basis in that quantity. There was fresh bruising on Daniels body that has never been explained and was not due to resuscitation efforts.

Mrs. Arthur’s attorney Neil McCabe, stated in court filings that after Daniel died, Anna Nicole tried calling her mother to tell her about his death. Mrs. Arthur was unable to answer the phone so Anna Nicole attempted to leave a message. The message stops when the call was abruptly disconnected by Howard K. Stern. Mrs. Arthur was in fear for Anna Nicole’s life but was never able to reach her daughter again.

Desperate to warn Anna Nicole, Mrs. Arthur, a retired 26 year Harris County, Texas Sheriffs Deputy went to the media in an attempt to get a message to her daughter. She told her to be careful of the people who surround her or she may be next. Mrs. Arthur’s worst fear came true on February 8th, 2007 when her world famous daughter also died of a drug overdose. Mrs. Arthur’s unmarried daughter’s body was given in the end to two men who enrich themselves exploiting Anna Nicole’s memory. Mrs. Arthur is not permitted to see her granddaughter Dannielynn and those same two men use that adorable innocent child just like a miniature Anna Nicole aka cash cow.

The State of California is now prosecuting Howard K.Stern for eleven felony counts in connection with obtaining and supplying the drugs that killed Anna Nicole Smith. The State of California under Marsy’s law, has notified Mrs. Arthur that she is next of kin for the criminal proceedings which start August 4th, 2010. The father of Smith’s daughter Dannielynn could also apply on his daughter’s behalf for next of kin status however, Birkhead has proclaimed his support for Stern even though some of the most damning evidence of enabling Anna Nicole’s drug abuse originated with Birkhead in his attempt to be recognized as the father of Dannielynn.

Lindsay Lohan, a child actress who starred in popular movies such as, “The Parent Trap”, “Freaky Friday” and “Herby: Fully Loaded” has also drifted down the wrong road to alcohol and substance abuse. In 2006, Lindsay was known to have been attending Alcoholics Anonymous meetings. But by July of 2007, she had three stints of rehab under her belt*. By August of the same year, she pled guilty to possession of cocaine and DUI. She admitted that her life had become unmanageable due to being addicted to alcohol and drugs.

Most recently Lindsay has been sentenced by Judge Marsha Revel in LA Superior Court to 90 days in county jail and 90 days in a substance abuse program for violating probation after she missed seven court-ordered weekly alcohol counseling sessions during the 27 week period between December 2009 and July 2010.

Unlike the Anna Nicole Smith case where her lawyer/companion Howard K. Stern, (along with his sister Bonnie Stern, Journalist Art Harris,  Harvey Levin of  TMZ and Larry Birkhead) conspired to assassinate Arthur’s character with manufactured information using the media in order to turn public opinion against her, Michael Lohan comes forward attempting to save his daughter with his own set of problems.

Link to Michael Lohan’s letter to the judge in Lindsay’s case.

* Wiki Lindsay Lohan

**New York Daily News

***USMagazine

Nelda “Rose” Turner’s motion to designate Art Harris’s company Busy Street Productions as a responsible third party is set for submission without oral argument on June 28. Under current law, the trial judge must grant the motion, unless he finds the allegations in the motion to be insufficient. If he finds the allegations insufficient, he must give Turner an opportunity to amend the motion to cure any defect in the allegations. If the motion is granted, that will put Mrs. Arthur in a position to seek to add the company as a defendant.

Several matters are set for Aug. 6, 2010:

• The issue of whether or not Howard K. Stern must go to Houston to be deposed.

• Howard K. Stern’s special appearance to contest Texas jurisdiction.

• Mrs. Arthur’s motion to compel Howard K. Stern to respond to her discovery requests.

• Mrs. Arthur’s objection to Alternate Dispute Resolution.

TMZ/Harvey Levin’s summary judgment motion, which was submitted some time ago,  still is pending.

The  document below mentions the three appellate court cases pending and how they affect the trial court case.

Virgie Arthur filed a breach-of-contract lawsuit against Howard K. Stern for breaking an agreement that he would not urge his special appearance until after he was deposed. Stern was served with those papers a week ago. It is Case No. 201034873 in the 127th District Court. Stern has a motion pending to clarify or set aside that agreement and that will also be heard on Aug. 6th.

The current docket control order, which is attached as part of the objection to Alternate Dispute Resolution, lists deadlines and trial date. The trial court must rule on special appearances before the case goes to trial.  The losing side on that issue has a right to an immediate appeal, which automatically keeps the trial from starting.  Therefore, the trial should not be expected to begin on or about 9/27/10.

http://qvsplace.com/062510_Arthur_vs_Stern_etal_Arthur_Object_to_ADR.PDF

Check this out while you are at it.

http://nevadanewsandviews.com/2010/06/26/anna-nicole-smith-auction-in-vegas-a-big-rip-off/

In her surreply to TMZ’s motion for summary judgment that was submitted today without hearing, Mrs Arthur’s attorney outlines how TMZ is engaging in fact twisting and manipulation. They also continue to vilify Mrs. Arthur by persisting that Mrs. Arthur did something wrong by marrying the father of her child many years ago. The marriage did not work out and they separated. Sometime afterward, Mrs. Arthur’s mother and her soon to be ex-husbands father married.

TMZ purposely spun facts and untruths publishing that “Virgie hooked up with a step-bro” and produced a child. A shameless attempt to smear the reputation of a woman who had recently lost her world famous daughter and shortly before that, her grandson whom she raised until he was 6 years old. Anna Nicole and Daniel Wayne Smith both died of drug overdoses under suspicious circumstances.

According to emails in possession of Neil McCabe, attorney for Mrs. Arthur, Howard K. Stern and Larry Birkhead plotted this travesty with Harvey Levin who used his  position at TMZ to print articles that were picked up all over the world subjecting Mrs. Arthur to scorn and ridicule with false information. Add in Journalist Art Harris who also wrote emails upset and throwing a tantrum because “someone” stole “his” scoop with more defamation that he was planning.

It’s no secret that Howard K. Stern and two doctors who prescribed for Anna Nicole outrageous amounts of easily abused and addictive drugs in fake names were brought up on felony drug charges in Los Angeles. Speaking of Stern, attorneys for Arthur scheduled a deposition for him and he has filed to quash. Wonder why? If you have nothing to hide, why not do the deposition? In fact, my opinion is that Stern will eventually be compelled to do this depo. He thinks because he has a writ of mandamus pending that he does not have to submit to discovery. Art Harris found out different if you read the previous article.

A prominent forensic expert examined a computer that Harris turned over and found massive spoliation consisting of switched out hard drives and deleted emails that another defendant had already submitted. Whether that evidence will be allowed at trial is still up in the air as Harris won a writ of mandamus which ruled that the trial court erred ordering overbroad discovery. Arthur is asking for a re-hearing on that issue.

050910_Arthur_vs_Stern_Surreply_to_TMZ_Levin_Motion_SJ.pdf

051010_Arthur_vs_Stern_HKStern_Motion_to_Quash_and_Protective_Order.pdf

Here is the Rule 11 agreement that Stern made with Arthur’s counsel agreeing to the above deposition.

http://qvsplace.com/Arthur_vs_Stern_etal_Rule_11_Agreement_Stern.pdf

New Docket Control Order

050710_Arthur_vs_Stern_Docket_Control_Order.PDF

After Journalist Art Harris won a petition for writ of mandamus it appeared that his attorney’s at Jackson Walker were under the impression that he was protected from any discovery requests in this case. Not so. Harris County Judge Larry Weiman signed an order compelling Harris to do the following.

Harris was ordered to produce documentation stating his net worth and that information will be subject to a protection order. He has 30 days to produce this information.

He has to produce his contract with his current attorneys, Jackson Walker. Certain items can be redacted.

Harris has to answer interrogatory number 18 which asks him to describe the circumstances leading up to retaining the law firm of Jackson Walker and to include names of persons with whom he spoke to or corresponded with about retaining legal representation.

Harris has 30 days to answer what his relationship was/is to CBS relating to this lawsuit.

Harris has 30 days to answer regarding funds he may have been paid by CBS, TMZ, Harvey Levin, Howard K. Stern, Lin Wood, Bryan Cave law firm or Jackson Walker or any representative in relation to the alleged defamation of Virgie Arthur.

Harris objection about interrogatories being more than 25 was overruled.

And interesting is that any documents or responses produced re this order shall not be given to any pro se party or given to any pro se party by counsel and produced only to those parties who have counsel.

Questions 5-17 are abated until there is a final decision on the mandamus proceedings in re: Harris. 5-17 have to do with Harris’s computers and any exterior drives he may have placed data on. Harris is also asked what usernames he used on message boards, chat room etc. He is asked about deleting evidence, replacing hard drive and what wiping or data destruction tools he may have used. Also he was asked if he used a proxy to visit sites.

050710_Arthur_vs_Stern_Order_on_Harris_Motion_for_Protective_Order.PDF

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.

Regarding the lawsuit of Howard K. Stern vs Rita Cosby, there is current debate regarding the truth or falsity of the allegations in Cosby’s book, Blonde Ambition. This happened after New York Southern District Judge Denny Chin denied part of Cosby’s motion for summary judgment. Her publisher, Hatchette Books won their motion for summary judgment and was released from the lawsuit.

Part of the lawsuit will hinge upon statements that may have been made by two Haitian nannies who worked for the late Anna Nicole Smith. I noticed the discussion about Lincoln Bain aka Mr. Controversy who had appointed himself spokesperson for the two nannies on a Topix board.

So on September 1st,  I went into the Internet Archives and copied and screen shot a few things that would show statements actually proving that there were sources who said the late Anna Nicole Smith’s nannies did indeed make claims of Anna Nicole watching a gay sex movie purportedly starring Howard K. Stern and Larry Birkhead. Not only that, but Bain did post what he called censored and uncensored “Nanny videos”. It appears the uncensored versions were on his website for awhile. He then edited them but promised to again publish the uncensored versions at a later time. That never happened. The screen shots and copy and paste items below tell the story.

While I was working on this article I noticed some odd things happening so I went into the log files of this site. I found that someone had hacked in. I found they were on the site the day before. It appears that whoever hacked into this site had an interest in the Art Harris article posted right before this one. The did a search on my site. The search was done on the article, “Mr Art Harris, A Modern Day Lord Haw Haw. The search words were, Art+Harris+compares+himself+to+Don+Clark.

This site has been intruded upon before but it was spammers dropping their links into the site files and when I got to the bottom of what was going on, I did not pursue the hackers. This one is different. The hacker obviously has an interest in Art Harris and my article that was great enough to cause them to hack my website and start trying to tamper with this article while I was working on it. So hacker person, if you are reading this, I am not going to let this go until I find out who you are and you are criminally punished for breaking the law.

Now we have a mystery. Why did a hacker who was interested in an article about Art Harris tamper with an article that had yet to be posted about Lincoln Bain?

On to Lincoln Bain….These are either screen shots from Mr. Controversy’s archives or copy and pastes that I do have screen shots of but were too large to place on this page.  With the Cosby lawsuit previously protected documents/depositions about to come out, I thought it would be fun to go on a stroll down memory lane. Unfortunately, a lot of pages were without dates. My comments are in blue.

This is Bain PO’d because local media got locked out of Anna Nicole Smith’s funeral.

Bain enticing his viewers with tidbits about upcoming UNCENSORED NANNY VIDEOS

Bain now announces CENSORED VERSIONS

Bain sarcastically pounding home the Shane Gibson rumor.

Thanks to Controversy TV exclusive interview with the former nannies of Anna Nicole Smith, Shane Gibson has been cleared of the fictitious accusations of the Affidavit posted on TMZ.com. The nannies, in particular Quethlie Alexis whose name was on the fake affidavit refuted the following thus far:

Lie

The affidavit stated that Shane Gibson came to the house every day.

Truth

Ms Alexis says that she never said that Shane would come everyday. She said he would come often (about every other day).

Conclusion

While we don’t know if Shane and Anna had sex, the above infers that Anna did make him come- long hard and often.

Lie

Anna and Shane were locked up in the room everyday.

Truth

They were locked up in the room often (about every other day). They spent very long periods of time in the room alone.

Conclusion

Shane was just practicing with Anna. Now he needs to get locked up for real!!! And he needs to spend a very long period of time there. In Fox Hill Prison he won’t be Anna’s but he will be someone’s bitch.

Lie

Shane slipped in through Anna’s back entrance.

Truth

Shane went in through the front.

Conclusion

At least we know he’s not gay!!!

Lie

The nannies said Shane came in and explorer

Truth

The nannies said he came in a black car.

Conclusion

We don’t know how much coming he did in his car but we know that he did a lot of coming in Anna’s room.

Lie

Nannies said Shane and Anna had a flagrant sexual relationship.

Truth

Nannies and 80% of Bahamians don’t know the meaning Flagrant.

Flagrant: Scandalous- very obvious and contrary to standards of conduct or morality

Conclusion

Shane and Anna had a flagrant relationship.

So there you have it- The Truth the Whole Truth and Nothing but the Truth! The Nannies will reveal even more this week!

Whoa! Bains proclamation that Howard and Larry were lovers.

Rubba Dub Dub, Two Sissies in a Tub?!!!

Rita Cosby wrote a book claiming that Howard and Larry are lovers!!! Damn! I coulda told her that. In Fact Anna’s former nannies told that to several media groups months ago. The media was afraid to touch it but I am glad that its out!!!

Pictured  below is cross dresser Howard!

An explosive tell-all book about Anna Nicole Smith’s sad demise alleges the two men who battled for custody of her baby girl and control of her fortune were gay lovers.

The bombshell allegations about the steamy relationship between the former Playboy Playmate’s longtime companion Howard K. Stern and her baby’s biological father, Larry Birkhead, come to light in “Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death.”

Sordid passages in the soon-to-be released book by former MSNBC journalist Rita Cosby describe how Anna Nicole and her friend allegedly caught Stern and Birkhead with their shirts off and their pants around their ankles in a Los Angeles home.

Jackie Hatten, described in the book as one of Anna Nicole’s closest friends, said the men were engaged in oral sex.

“Their bodies were intermingled,” Hatten says, according to a copy of the book obtained by the Daily News. “It was obvious what was happening.”

The shocking book accuses Birkhead and Stern of cutting a secret deal after Anna Nicole was buried in March, with Birkhead getting custody of Dannielynn in return for Stern being named executor of the star’s estate.

Dannielynn, who turns 1 on Friday, could inherit hundreds of millions of dollars from the estate of Smith’s late husband, oil tycoon Howard Marshall.

Birkhead and a lawyer for Stern both vehemently denied the accusations in Cosby’s book yesterday – and vowed to drag her into court, setting the stage for an ugly legal battle.

“None of it is true,” Birkhead told The News. “I’m gonna sue Rita Cosby for it.”

Birkhead said he was disgusted by Cosby’s claim that he and Stern were gay lovers.

“If she printed that then she is really getting sued,” Birkhead yelled. “My attorneys are going after her and that is absolutely false. And I am sure Howard and the estate and everyone else involved is going to sue her too. This is just nonsense.”

Stern’s lawyer, Lin Wood, called the book’s content “false and defamatory.” Wood said Cosby “has taken the coverage to a disgusting new low for which she will be held legally accountable.”

OK! magazine already has severed ties with Birkhead over the Cosby allegations, axing coverage of Dannielynn’s first birthday as the final part of a $1.7 million access deal.

The 244-page book reads like a whodunit novel with cliffhanger chapters, plot twists and tales of deception by those closest to Anna Nicole.

The former stripper knew both Birkhead and Stern were gay, the book alleges. But Smith, who was obsessed with Marilyn Monroe, chose Birkhead as her lover because she wanted a blond, blue-eyed baby, according to Cosby.

The tell-all claims Anna Nicole would spread out on her bed and watch a video allegedly showing Birkhead and Stern having oral sex “over and over” while Stern worked on his computer in their Bahamas home. The existence of the video was confirmed by a source yesterday.

Stern is portrayed in Cosby’s book as a jealous, money-grabbing control freak who manipulates the erratic blond beauty’s celebrity status for his own financial gain.

As her life spun out of control after the death of her son, Daniel, last September, Stern kept Anna Nicole hidden from friends and forced the heavily drugged model to sign stacks of paperwork, the book claims.

His alleged “goodie bag” of meds – including Vicodin, Valium, morphine and Demerol – were never far from reach.

“He was the pharmacist and [the bag] was the drugstore,” Anna Nicole’s ex-boyfriend Ben Thompson told Cosby.

In Anna Nicole’s final days, the buxom blond was holed up in Room 607 at the Hard Rock Hotel in Florida, with a raging 105-degree fever, the book says.

She was watched by Stern, her bodyguard, her psychiatrist and a handful of aides as a pus-filled abscess from a needle injection in her left buttock caused an infection in her bloodstream, Cosby writes.

Cosby alleges a right-handed Anna Nicole could never have administered these injections herself.

As Anna Nicole’s life slowly ebbed away, Stern allegedly abandoned her to keep an appointment with a boat broker. The book describes him as cold and nonchalant when told of Anna Nicole’s death – a far cry from the picture of a doting lover he painted in interviews.

As doctors rushed Anna Nicole to a hospital in a futile bid to save her life, Stern allegedly was already on the phone to media contacts lining up lucrative exclusive interviews.

“Howard was ready to make his next deal,” an eyewitness says in the book. “It showed us that to Howard it was all about money.”

Birkhead comes across as no angel either. The book claims Birkhead gave Smith cocktails of drugs and watched as Stern allegedly gave medication to Anna Nicole while she was attached to an IV drip in the hospital during her pregnancy.

His image as the “aw shucks nice guy” was a carefully crafted ploy to manipulate the media, Birkhead’s former lawyer Debra Opri told Cosby. Opri is suing Birkhead for failing to pay her legal fees.

Yesterday, Birkhead dismissed Cosby, whose MSNBC show was canceled last year, as a has-been TV hack.

“She got fired and nobody wanted her,” Birkhead told The News. “The last story she did was on Anna and now she is doing this book because no one will hire her.”

Stern’s lawyer was equally outraged, saying: “It appears that Ms. Cosby has joined the ranks of tabloid journalists who are willing to publish the print equivalent of sewerage to engage in character assassination for profit.”

***

And then it all changed. This October 2007 article appeared on Bain’s web site. Bain set up a sting operation to try to entrap Rita Cosby when she wanted sworn statements from Anna Nicole’s nannies. The rest is history…..

Stern files $60 million suit over Anna Nicole bio

See court files here www.artharris.com/blog/wp-content/uploads/2007/10/art-harris-hks-lawsuit-xclusive.pdf

Lawyer sues Rita Cosby, publisher over allegations of affair with Birkhead

ATLANTA – Anna Nicole Smith’s lawyer and companion, Howard K. Stern, filed a $60 million libel lawsuit Tuesday against Rita Cosby and her publisher over a book she wrote that claims Stern and Smith’s ex-boyfriend, Larry Birkhead, had a sexual encounter. blah blah blah

Speaking of Art Harris. The previous article highlights how Harris tried to deceive the appointed computer expert in Virgie Arthur’s conspiracy and defamation lawsuit against him (and others including Howard K. Stern). Harris has said that Stern shares his deepest secrets with him. Now since the deception has been discovered, Harris wants to un-appoint the renowned attorney and forensics expert Craig Ball. Harris’s proffered computer hard drive had been switched out and he omitted twelve other items he was ordered to turn in. His attorneys have now filed a “writ of mandamus” and asked for a stay in examining Harris’s media.

Arthur_vs_Stern_etal_Art_Harris_Writ_of_Mandamus_90409.pdf

Arthur_vs_Stern_etal_Art_Harris_requests_stay_90409.pdf

I get upset when someone lies to me as most people do.  I want the same with my news too. I want news I can trust and depend upon. The trend in today’s so called news is sensationalism because drama or the misfortune of others delivered in a flamboyant manner is what attracts viewers/readers.

I have been loosely following the investigation into the death of Michael Jackson. He and I grew up together (not literally of course) and I care about why he died. Just like I care about why Anna Nicole Smith and her son Daniel died. In my opinion, all three deaths were due to someone else’s negligence or worse. Those who may have been negligent were in positions of trust. Doctors and a lawyer.

When Daniel Wayne Smith died and then five months later, his mother followed him into the hereafter, I fancied myself knowledgeable about her life and who she surrounded herself with, namely Howard K. Stern. I saw him as a soft spoken devoted manager/errand boy with a law degree who was getting a bad rap and I wanted to talk about it. But oops! My perception was way off. That is evidenced by Stern and two of Anna Nicole’s doctors facing criminal charges in connection with her death.  Lesson learned. Questions and research have shown me that Anna Nicole’s mother should have never been treated like she has been.

What’s that got to do with Art Harris? Harris is not a hobbyist blogger like me. He makes his living reporting on national television and seeking what he calls, “The Bald Truth” on his blog site.  Shouldn’t so called professionals trusted with bringing you the news of what is going on in the world today also be responsible for bringing you an unbiased version? Shouldn’t the public be able to trust their word?

Anna Nicole Smith’s mother Virgie Arthur is suing Howard K. Stern and Art Harris amongst others for conspiracy to libel and defame her.  She through her Houston, Texas attorney Neil McCabe of the O’Quinn law firm take issue with articles Harris has written such as, “Is Virgie Arthur A Grandmother With A Past..” and other assorted bashing and trashing attempting to paint the late model’s mom as an unfit mother during the Anna Nicole baby daddy bonanza. Then there was a television appearance where he interjected personal bias when he and another defendant thought up the idea to travel to Texas and interview for CBS/Entertainment Tonight, an ex stepson of Mrs. Arthur’s . When the ex step-son denied harming Anna Nicole and said that her mother, Mrs. Arthur would have shot him, Harris said, “people will question that answer”.  It’s all in the Fourth Amended Petition.

The outcome of this lawsuit like more and more in this day and age depends heavily upon electronic  evidence gathering, aka computer forensics. So far, of the 10 defendants, not one has not engaged in some type of stalling, diversion or attempt at trickery. That’s where my beef about honesty in journalism comes in.

Harris who conceded jurisdiction and pretended to cooperate, has been caught red handed in deception by omission at a minimum. Harris turned over three computers and/or hard drives but forgot to tell the mutually agreed upon appointed forensic expert and Special Master Craig Ball that his Dell Laptop computer had its hard drive switched out on December 16th, 2008. That was well after Harris was sued and just days after Plaintiff’s successful Motion to Compel hearing on December 11th.

Harris was given a chance to comply with production but was found to be seriously lacking when compared to another defendants three foot tall stack of email with him.

In concert with the other defendants who have;

1. Filed bankruptcy to stay the proceedings.

2. Filed a mandamus action.

3. Attempted to recuse the Judge on the case.

4. Tried to have Mrs. Arthur’s attorney disbarred.

5. Knowingly destroyed evidence.

6. Sat in jail for misleading the court about their evidence.

…Harris filed a motion attempting to remove the forensics expert, who is renowned in his field, from the case. This happened over three months after Harris turned in the three pieces of evidence and almost eight months after Ball’s agreed upon appointment.

To remove Mr. Ball, Harris cited what I think of as the whaaa whaaa defense. He said that Ball was “mean to him”. Harris also said that he did not approve of Mr. Balls appointment in the first place but that came after Ball found evidence of not only spoliation (7000 emails were deleted) and again, one hard drive substituted for the original and 12 other hard drives/flash drives did not get tendered as if they did not exist. But Mr. Ball found evidence of them.

Art Harris has in the past likened himself to the O’Quinn firm’s jury consultant and in house investigator Don Clark. Now, Don Clark is an American Hero. Art Harris is…

A couple of guest writers for this site said it best with their opinion piece, “Art Harris, A Modern Day Lord Haw Haw”. They don’t care for dishonest journalism either.  And I quote from their article;

Mr. Clark served nine and a half years as a commissioned Infantry Officer in the U.S. Army, achieving the rank of Captain. His service included a combat tour of duty in South Vietnam and he was later selected by the Chief of Staff of the Army to command an Airborne/Ranger Company in the First Ranger Battalion. For his service to his country Mr. Clark received the U.S. Army Air Medal for Combat Assaults and two, not one Art but who is counting, Bronze Stars for Bravery while serving in Vietnam.

“At Duke, during ROTC drills, a few anti-Vietnam war classmates hurled tomatoes at me, and a stunning ADPi—my girlfriend!—later spurned me over our different paths, hers briefly to a commune, mine to a job as a public-affairs officer afloat with the 6th Fleet in the Mediterranean. There, as a young ensign, I gave Dan Rather his first tour of the flagship, got “early out” orders as the Vietnam War was winding down, and flew home on a KC-135 full of body bags of kids my age.” (Art Harris)

So what happens now when Nancy Grace or Jane Velez-Mitchell say, and now out to special correspondent Art Harris? I either change the channel or throw something at the TV and leave the room.

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.

Well, it’s been awhile and I’m behind. I hope no one cares if I get myself caught up out loud here.

When I left, I believe it was toward the end of May. In Virgie Arthur vs Howard K. Stern et al, in Houston Texas 280th District Court, one of the defendants Lyndal Harrington ending up being sent to jail for not complying with the courts order to turn over her computer. Harrington claimed that her home was burglarized and her computer was stolen. The policeman who took the report testified he believed the robbery was staged. Presiding Honorable Judge Tony Lindsay apparently did not believe Ms. Harrington’s story either and ordered Harrington to jail for contempt.

Judge Lindsay released Harrington after spending four days incarcerated and in a subsequent hearing, Harrington agreed to give access to her email accounts to the appointed Special Master Forensic Expert Craig Ball. He would then make a privilege log for Harrington to examine before anything is submitted, as I understand things.  I also believe that Harrington is still expected to produce her computer and case followers wonder why Harrington did not make the effort before to produce her email accounts.

In California, Los Angeles Superior court, case #BC397417, there is Howard K. Stern vs Mark Speer and Jackie Hatten. Although I have not seen the paperwork, it appears that Stern has dropped his case against Speer who was providing body guard services for Larry Birkhead. I remember being shocked when Stern filed this suit as sources said Mr. Speer was to give a deposition in Stern’s defamation case against Rita Cosby and her publisher possibly the next day.  Two words would cover my personal opinion on this. Witness intimidation?  It appears the part of the case against former friend of Anna Nicole Smith, Jackie Hatten is still active.

In another interrelated California case, Howard K. Stern’s sister Bonnie Stern filed bankruptcy just prior to the deadline in which she was supposed to turn her computer over to the Special Master in the late Anna Nicole Smith’s mother, Mrs. Virgie Arthur’s defamation, libel and conspiracy to defame case. The defendants in that case are Howard K. Stern, journalist Art Harris, TMZ and its managing editor Harvey Levin,  Larry Birkhead, Sterns sister Bonnie and two bloggers Lyndal Harrington, Teresa Stephens and a blog owner Nelda Turner of rosepeaks.com.

The bankruptcy stayed the case until Neil McCabe, attorney for Mrs. Arthur got the stay lifted so the case could at least proceed against the other defendants. Ms. Stern’s bankruptcy was finally discharged and the case continued against her with the main issue being Ms. Stern’s refusal to turn over her computer and electronic media to the Special Master. Later on, when Ms. Harrington was sent to jail, somehow Ms. Stern got the notion that there was an arrest warrant out for her so she made arrangements to ship her computers to Mr. Ball. She like others was told not to tamper with her computer but she did not comply.  Forensic Expert Mr. Ball to whom she finally sent her computers to because she thought she was going to be arrested examined her media and using very strong language said that deliberate deleting of material had taken place. Judge Lindsay agreed and granted Mr. McCabe’s request for a default judgment against Bonnie Stern as to liability which will be decided after the trial which is scheduled for the summer of 2010.

While Mr. McCabe was in California taking care of business concerning Bonnie Stern’s bankruptcy, he was in the neighborhood to see Howard K. Stern, Dr’s Sandeep Kapoor and Khristine Eroshevich’s arraignment on felony drug charges in connection with the death of Anna Nicole Smith.

It was also reported that Mr. McCabe and Don Clark were in the neighborhood to hear oral arguments for summary judgment for Cosby in Howard K. Stern vs Rita Cosby and Hatchette Books in New York. Only one rag mag covered the hearing and it was the New York Post. If you will remember their scurrilous article, “Now That’s Not Nice Granny”, they took a quote from Lin Wood who is the attorney for Howard K. Stern in the Cosby case. Apparently the writer took something out of context that Judge Chin, who was presiding on this case said, with Stern’s attorney Wood embellishing upon it.  The line from The Post said, “One point that I find troubling is that Anna Nicole Smith would entertain herself by watching this videotape, said Chin.”

A more accurate depiction I am told, would be Judge Denny Chin was confounded as to why a woman would want to repeatedly watch two people she supposedly had been intimate with “getting it on”.

As people who follow these inter-related Anna Nicole Smith cases know, there has been some pretty creative lawyering on both sides of the fence. One of them was when Attorney Lin Wood for Howard K. Stern was filing a sworn statement he elicited from Nelda Turner a defendant in the Texas State case with almost all the courts where Stern had cases. Well oops, apparently Wood did not keep up with the facts in what is called the “blogger case” because he ended up withdrawing what he filed.

I have not been following Stern’s case against Ford Shelley and G. Ben Thompson closely but did have an opportunity to read some of the latest and will reserve my thoughts for when more information is available because it appears to me that the two men may be doing some back peddling. When only snippets are presented in the legal documents, it’s hard to see what is really going on.  I do know this though. Thompson and Shelley have apparently turned over what they had which belongs to the estate of Anna Nicole Smith. I suppose the question now will be if the estate been damaged or not. Again, case followers have seen items that are purported to have belonged to Anna Nicole Smith for sale on Ebay with the seller being out of California, not South Carolina where Shelley and Thompson reside. I’ll leave the rest to your imagination.

Finally, in the Harris County “blogger case”, Arthur vs Stern et al, another defendant is trying to circumvent the system and not obey a court order and this is even after Harrington did jail time and Bonnie Stern had a default judgment declared against her in the same case.

Teresa Stephens was ordered in early May of this year to turn over her “electronic media” aka computer, any exterior drives etc…  and it still has not happened. She informed the court that she would be present at a hearing that she scheduled on July 17th along with other motions in the same case that were to be heard that day. According to published reports, Judge Lindsay was ready to issue a warrant when Stephens did not show up but Mrs. Arthur’s attorney said he was informed that Stephens had filed an appeal that may have stayed any proceedings against her so he opted to give Stephens a break to “wait and see”. However, when Mr. McCabe contacted the clerk for the appellate court, he was informed they have received no such document.

McCabe filed a motion denying statements Stephens had made to the court and requested a Capias order. An order for the arrest of Theresa Stephens has now been issued with Arthur being charged a $3000 bond for the cost of bringing Ms. Stephens from where she lives around Dallas Texas to Houston.

Also in Harris County, there was a July 31st hearing scheduled for Larry Birkhead’s Special Appearance but that will be rescheduled for a later time.

While I have been offline, I was sad to see the news about the death of Michael Jackson. I grew up with his music and along with my children thought he was an exceptional entertainer. Another troubling aspect of his death is the similarity to what happened to Anna Nicole Smith and her son Daniel. In fact, the last person to see Michael alive was a Houston Texas doctor and as more facts come to light, I’m hearing the term, “death by entourage” used over and over again. It has been interesting and gratifying to see the state of California and other agencies aggressively pursuing this tragic case. It will be interesting to see how this case affects the felony drug charges brought against Howard K. Stern and Dr’s Kapoor and Eroshevich.

Also notable is the fact that Mrs. Virgie Arthur was declared next of kin in the California criminal case due to Proposition 9 which is also called Marsey’s Law. I’ll save writing about that for another day.