September  20th, 2011. Prosecutors in the Anna Nicole Smith drug trial have filed an appeal on that case saying Judge Robert Perry was biased toward the defendants and their attorneys and against the prosecution. They said that Perry created a celebrity exception to the law.

I’ve had the opportunity to speak to someone who actually attended the Anna Nicole Smith trial concerning the drugs that led to her death. Defendants Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor were charged with excessive prescribing of opiates and sedatives to an addict, and fraudulently obtaining drugs by using false names.

I will call this person, “Courtroom Observer”. Courtroom Observer did not attend the whole trial but gave their take on what really happened in Judge Robert Perry’s courtroom during the time they attended.

The first day of the trial, as soon as Anna’s mother, Virgie Arthur, arrived, Howard K. Stern’s lawyer Steve Sadow asked to approach the judge privately. When Sadow sat back down, Judge Perry made an announcement, before anything happened to warrant such a warning, that anyone caught making comments or bothering the defendants in any way would be removed from the courtroom.

As the trial moved forward, when the court recessed for breaks and lunch, there were times that Mrs. Arthur would return early. She went directly into courtroom and sat until court was called back into session so as to avoid the large crowds in the hallways.

About 4 or 5 days into the trial, there was a break. When Mrs. Arthur returned to the courtroom a little early, she and her family were shocked to find Judge Perry, the defendants and their attorneys having a conversation about boating and vacation spots etc.. Judge Robert Perry had wheeled his chair over to the defendants table in order to have a more intimate conversation. James Arthur, Virgie’s husband commented, “there will be no justice here.” However, Mrs. Arthur remained optimistic.

The next day, after lunch, when Mr. and Mrs. Arthur and those who were with them attempted to enter the courtroom as they had since the beginning of the trial, a deputy stopped them at the door and informed them that they were no longer permitted to enter the courtroom early. The deputy then said Anna’s mother and her husband had to wait until exactly 1:30 pm to enter.

It was then very apparent that Judge Perry, who runs the courtroom, and the defendants and their lawyers didn’t want Anna Nicole’s mother and husband to see Perry socializing with them. The disturbing part was that the media and press that were attending were permitted to enter early. The media was let in but Anna’s mother and family were left sitting in the hallway. It remained that way until Mrs. Arthur had to fly back home for health reasons. The deputy was asked why the media, the defendants and their attorneys were allowed to go in early. His answer was, “well, it’s because they are the media.”

The prosecutors had extensive evidence against these defendants, but time and time again Judge Perry would not allow them to present it. His rational was that the evidence was “too inflammatory to the defendants.” You did not have to be a lawyer to know that the prosecutors were simply doing their jobs and that was to present the evidence, and let the jury hear the full story no matter how inflammatory it was especially when it was facts as presented to law enforcement during the extensive investigation.

There were times when Anna’s mother and family asked the prosecutors why they could not get a new judge to replace Perry who was so obviously biased toward the defendants. Their answer was frightening as they said “Judge Robert Perry is not the worst judge in this courthouse.”

Judge Perry made it clear from the start of the trial that he did not believe the defendants did anything wrong and at times Perry even made objections for the defense. There was so much more that may never be known because most of the prosecutors evidence was thrown out by Perry.

When the prosecutors attempted to refresh a witnesses memory as to what they reported to investigators and testified to previously, the judge would abort their testimony and say, he/she said “they don’t remember, now move on!” Or he would again say “its too inflammatory.”

One day there was a video of Anna Nicole that the prosecutors wanted to use. Perry said he would take it home and watch it and then decide if it could be shown to the jury. When the subject of the video came up while court was in session, Judge Perry said, with Anna Nicole’s mother in the courtroom, that he had watched it and he thought Anna was very entertaining in her “voluptuous” kind of way.  Anna Nicole being “voluptuous” was not the point or reason why the prosecutors wanted to show the video. It was very inappropriate for Judge Perry to speak this way about evidence presented.

Over and over Judge Perry stopped the prosecutors from trying their case. They tried their best to get important evidence and testimony admitted, but Perry was not allowing the majority of it. Perry would say it was either hearsay, inflammatory,or irrelevant.

One of the most disturbing things witnessed was when “Big Moe”, Maurice Brighthaupt was testifying. Moe had been saying “everyone agreed Anna Nicole needed rehab, but no one ever did anything about it.” In other words Moe was saying, they all admitted that Anna Nicole Smith was an addict and needed intervention. Eroshevich and her lawyer Brad Brunon were sitting immediately in front of Mrs. Arthur and family. Brunon looked at Eroshevich and sang,“They wanted her to go to rehab but she said no no no.” Brunon and Eroshevich giggled like schoolchildren. It made one wonder if it was their daughter who was the subject of the trial, if they would find it so funny.

After Judge Perry threw out the jury verdicts, Los Angeles D.A. Steve Cooley had this to say:

“The jury deliberated more than two weeks and reached a fair and thorough verdict in accordance with the law and the evidence we were allowed to present.  Judge Perry’s ruling today is totally inconsistent with his previous rulings at the preliminary hearing, the trial itself and once again when the defense concluded their case. Each time, he refused to dismiss the conspiracy counts. The evidence has not changed from that time to now,” said Cooley.”

“His decision denigrates the substantial investigative efforts conducted by the state Department of Justice and the Medical Board,” said the L.A. District Attorney’s office in a statement. “It diminishes the huge social problem of prescription drug abuse facilitated by irresponsible caretakers and unscrupulous medical professionals …We will immediately pursue all appellate remedies to overturn Judge Perry’s decision.”

* Note. This is the same Judge Perry who appointed himself as a jury of one in the Oscar Grant killing. Basically Perry was saying the jury was stupid like he implied in the Anna Nicole Smith farce of a trial.

Thursday, October 28^th, a Los Angeles jury, or at least six of them made a very grave mistake. I wonder though if they even knew it. As much as I want to, I just can’t be upset at the jury who let Dr. Sandeep Kapoor walk, only find Dr “Death” Eroshevich guilty on four counts and let Howard K. Stern, as usual, slither into the middle with two felony convictions.

Three words. Judge-Robert-Perry. I hope the jury is appalled when they figure out how much good evidence was kept from them. I hope it disgusts them when they find out that witnesses were not allowed to repeat their original statements as they occurred and as was told to CA DOJ investigators.

JRP shouted “inflammatory” in his defense of the defendants sometimes up to 20 times per day according to a person in the court room. That person also said Judge Perry pretty much let the defense know they didn’t even need to present a defense in that Perry’s actions and words let them know he was on their side.

According to AP Reporter Linda Deutsch (who reportedly sleeps during court proceedings), Judge Perry verbally abused prosecution attorneys and raised his voice and shouted at them in advocating for the trio who were on trial. During closing arguments Judge Perry even let Stern’s attorney Sadow scream until Perry offered that Sadow should look at the jury while he desecrated the prosecuting attorneys with half baked truths and innuendos.

How disgusting it was to watch this video of Stern saying he was vindicated of guilt in supplying Anna Nicole Smith with up to 2300 pills per month of narcotics and benzos (that she sometimes washed down with expensive champagne) like that was a good thing. He did not get her any real help. The only thing he helped her to was death’s door.

I never did hear of any proof or anything indicating a PROPER diagnosis of chronic pain syndrome and yes without me making this even longer, there are ways to do it. That’s how it’s done in the real world.  It’s more than horrible that Smith was given more medication than a hospice cancer patient dying in agony.

Where did Stern ever care about Anna Nicole Smith’s privacy and confidentially, as he says in the after trial interview? Did he care that the whole world saw her humiliating herself being drunk, high, trashed, whatever?

Some examples. Click on thumbnails to enlarge:

Anna Nicole ushered off stage at VH1 Big In ’04 Awards

Anna Nicole’s Booby Trap. MTV Awards In Sydney AU.

Anna Nicole Drunk at American Music Awards. CBS News link.

As I watched the talking heads on TV after the verdict, I saw disbelief. Professional commentators saw all the things that myself and other bloggers have been listing and talking about since the trial started on August 6^th. What a tragic reflection of our society that a judge can cross ethical boundaries in a high profile case and get away with it.  See: The American Bar Association. Model Code of Judicial Conduct. Canon 32. A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY. http://www.abanet.org/cpr/mcjc/canon_3.html *Thank you to Topix bloggers for this link and many others they have supplied over the years.

There is some comfort for Anna and Daniel’s family and that is, two of the culprits who mishandled Anna Nicole are CONVICTED FELONS now. Unless Judge Perry tampers with the jury’s work, that is. He has already “warned” that he can nullify the jury’s verdict. I will not be a bit surprised if  he will do just that when sentencing occurs on January 6^th, 2011. But Florida is still watching. A spokesperson said “if authorities find evidence one or more people illegally supplied Smith with the prescription drugs” blamed for her death, a charge as high as first-degree murder could result.” Click here for full story.

On another note, shortly before the trial started, a source who did not attend the proceedings told me that congratulations are in order for Howard K. Stern’s attorney Krista Barth. She gave birth to a new baby this past year. I don’t have any more details than that.

And finally, I have some things I want to say to the people who have frequented this site since it opened under another name on February 14th of 2007 and will do that in the next few days. God willing, I am also hoping to obtain some fascinating reading material to share with all who support justice for Anna Nicole and Daniel and mother and grandmother Virgie Arthur. I’m keeping my fingers crossed hoping to be able to obtain this information in full.

September 7th 2009. Anna Nicole Smiths’ two Haitian nannies, Quethlie Alexis and Nadine Alexie who had explosive things to say about Howard K. Stern and how he treated Anna Nicole Smith back in 2007 are supposed to be in California today to testify in the Anna Nicole Smith drug trial.

Below are videos of a series of interviews by a Bahamian man who called himself Mr. Controversy. And indeed he was. After more attention was given to what the two nannies saw in Anna Nicole’s household, Lincoln Bain and a Bahamian attorney Elizabeth Thompson took the two ladies under their wing. And as has been happening with almost every prosecution witness… well, lets just see what they have to say.

Last week Ford Shelley who was supposed to be a friend of Anna Nicole Smiths did yet another flip flop and cried like a baby about how Howard K. Stern should  not be a defendant.  I guess it doesn’t matter that Stern took a $900,000 house from him. Shelley gave interviews before arriving in California saying that he was worried about testifying because he did not want to be sued by Stern. The fact of the matter is that Shelley and his whole family are already being sued by Howard K. Stern as executor of Anna Nicole’s estate.

If that does not take the cake I don’t know what does. Stern maneuvers and gets possession of an almost million dollar mansion FOR FREE from the Shelley-Thompson family but Stern is suing the family for what they say was “taking Anna Nicole’s possessions for safe keeping”. Shelly claims that Anna Nicole asked them to do this in the event of her death.

I hope the jury is told those facts because it definitely should be shown as an influence in Shelley’s testimony. On the other hand, Shelley’s sister in law Melanie Thompson was said to give some damaging testimony against the defendants although the defendants reporter Linda Deutsch of the Associated Press didn’t give too many details.

By the time I found these videos in 2007, they had been edited by Bain. However they still contain some unfavorable accusations against Howard K. Stern.
Here are the links for three more videos of what the nannies had to say.

*Update*. According to Deutsch and the AP, Quethlie Alexie is telling the truth. Doosh is making a big deal that family members were brought along and one nanny asked to be relocated after her testimony. If you will see in the videos above, the women were afraid for their lives and probably still are.

I also have to wonder why that reporter keeps publishing things that are said out of the presence of the jury. The likelihood that the jury will hear things said out of their ear shot increases greatly when an Associated Press reporter publishes it all over the world.

Witnesses have reneged previous testimony due to threats or lawsuits. DDA Renee Rose said in a police report filed by Mark Hatten who used to date Anna Nicole Smith, that he was threatened by Howard K. Stern through MySpace. DA Renee Rose said anyone writing a book or is a potential witness has been getting something from Stern. Click here to see that.

From TheSunNews.com

Ford Shelley and Gaither Ben Thompson Sr., local developers who are being sued by Stern, appeared Monday without attorneys representing them.

Thompson previously had a relationship with Smith and was involved in a dispute with the celebrity over the ownership of a $900,000 home in the Bahamas that she claimed he had given her as a present. He has denied that claim.

Ford Shelley told Hyman that if he is forced to testify in the criminal trial he is concerned it may lead to another lawsuit.

“We feel like this is something we’ll get sued for again,” Shelley said. “It’s a little different in Hollywood, Calif., than it is in Conway, S.C.”

Jury Selection

From links offered to the site (and I thank you guys very much) it looks like we have yet another mystery on our hands. One link says 60 jurors were processed today and it appears that a whole new batch will be seen tomorrow. Another says 52. Out of those 52 to 60 all writers agree that not many were selected to serve today although they don’t offer a number.

Jury selection is a big business in the world of law. Of course that’s how former FBI bureau chief Don Clark came to work for late billionaire attorney John O’Quinn. He was a jury consultant. O’Quinn was Virgie Arthur’s attorney until Stern sued O’Quinn for defamation in Florida. Attorney Neil McCabe now takes care of Mrs. Arthur.

California law says that the judge will first eliminate all persons who it appears would face undue hardship if they had to serve on the jury. For whoever is left, the judge conducts the initial examination and then the lawyers get their turn. This part of the process is called “voir dire”. The attorneys receive a limited amount of time that they can question candidates. Complex cases can take over one half hour for both the prosecution and the defense.

When that part is over, the parties are allowed to request that a juror be excused for “cause”. For-cause challenges are done with jurors who are sitting in the jury box. For-cause challenges are distinguished from peremptory challenges because “for-cause” means there has to be a specific reason for the juror to be excused. For peremptory challenges, no reason has to be stated but both sides are limited to 10 of those challenges for the purposes of this particular case.

To read more in depth about how the process works, check out, this page.

Anna Nicole Smith at the 2004 American Music Awards

Remembering that we must depend upon unreliable main stream media to provide news of the trial, here is what we have seen so far.

Whats in…

• Howard K. Stern’s sister Bonnie Stern and Anna Nicole Smith herself will be considered uncharged co-conspirators.

• The little girl, now 13 years old who is in the infamous “Clown Video” will testify that she saw Stern give Anna Nicole something from an unidentified bottle.

• Photos of Dr. Khristine Eroshevich and Anna Nicole Smith naked in a bath tub may be allowed in, however Judge Perry requested more documentation. Three photos on the hard drive of Smith’s laptop show her and Eroshevich naked with arms around each other in a bathtub, according to an affidavit. One of the reported photos has Anna Nicole sitting spread eagle in the tub with Eroshevich sitting between her legs.  Boobs to back, crotch to butt and Anna Nicole’s hand reportedly on or very near Eroshevich’s crotch. I hope those are not the photographs which  Judge Perry called “playful”. Where I come from, its called “foreplay”. The photos are dated two months before Smith’s death*.

• The judge said he might allow brief snippets of a video showing Dr. Kapoor making out with Anna Nicole Smith during a party.

• Smith’s slurring slush mouth appearance at the 2004 American Music Awards, is allowed.

Whats out…

• The Clown Video.

• Judge Perry said any evidence from Florida connecting the three defendants to the death of Anna Nicole Smith would not be permitted because Florida did not prosecute anyone. Officials in Florida dropped the ball and did not file any criminal charges against anyone in her death. Perry wanted to know why Florida was not handling this case.
  

• Also excluded was a 1996 television interview showing Smith leaving the Betty Ford Center after being treated for alcohol and drug addiction. Judge Perry said he will allow the jurors to know that Smith was in rehab but not watch the interview.

* Source Radar Online

*********************************

The first criminal complaint. It was later amended to add more counts to Howard K. Stern.

94 page document with evidence used to press charges against Stern, Eroshevich and Kapoor.

111 more pages of same document.

*Many thanks to blogger DDs and others on Topix for this list of witness and their involvement in the trial.

• Carman AgUilera: -Marquez Medical Board Investigator

• Nadine Alexie: Nanny of Dannielynn

• Quelhlie Alexis: Nanny of Dannielynn

• Lisa Arredondo: Hard Rock Hotel Employee Liason

• Shirley BalIlard: RN? may be a friend of Shane Gibson?

• Marites Batac:

• Anthony Baumgart: San Gabriel Police/ NARC

• Larry Birkhead: Dannielynn’s father and Howard K. Stern friend.

• Dr. Ellie Bloomfield: Internist – Glendale CA

• Dr. Clifforcl Bochner: Fetal OB – LA, CA

• Dr. Timothy Botello: Addiction Psychiatrist expert

• Todd Brehart: DOJ DEA Special Agent

• Maurice Brighthaupt: Anna Nicole Smith’s bodyguard

• Tasma Brighthaupt: Moe/Maurice wife

• Ron Brovetto: DOJ BNE Special Agent

• Marian Bryant: Seminole Detective

• Rhonda Carter: RN – LA, CA

• Don Clark: Oquinn Firm Investigator Former FBI

• Melinda Clark: L.A Co Deputy Sheriff/ computer expert.

• Dr. Pablo DeSouza: Bahamas Anesthesiology Pain

• Jennifer Doss: California Department of Justice Special Agent.

• Racine Edward-Silva UCLA OBGYN Asst Professor

• Kathy Ellis: CURES/DOJ/BNE

• Dr. Rina Falk: Cedar Sinai Cytogenetics

• Tracy Ferguson: Bahama – Shelly/Thompson lawyer.

• Dr. Perry Fine: Utah Pain

• Alan Finn: Assistant Cameraman Anna’s Show IMDB

• Kathy Frank:

• Ira Freeman: Key Pharmacy Pharmacist.

• Dr. James Gagne: Internist Addiction Pro.

• Jon Genens: Medical Board Senior Investigator.

• Eric Gibson: Bahamas – Friend of ANS and Stern aka “King Eric”

• Gerlene Gibson: Shane Gibson’s mother and babysitter for Dannielynn Birkhead.

• Shane Gibson: Bahamas scandal that he fast tracked ANS citizenship.

• Monique Glinton: Wedding Planner???

• Alex Goen: Trimspa owner

• Dr. Ken Grabow: Anesthesiology / Pain Mgmt

• Tara Grinna: Swimsuit designer???

• Troy Hollier: Ex Houston LE Anna / Howard friend

• Wesley Irwin: Eroshevich’s ex-husband

• Umbarto Jaime:

• John James: Illegal Aliens Producer

• Victor A. Johnson: LAPD officer

• Valerie Juge RN – LA, CA

• Gertrude Juste: Broward County Florida Medical Examiner.

• Dr. Ronald Katz: Pain doc Neilson Way.

• Dr. David Kline: OB, LA, CA

• Kathleen Kling:

• Alvin Knowles: Bahamas – Home Improvement company

• Olga Kopetman: pharmacist (Ralph’s)

• Dr. Victor Kovner: Founder of clinic which Kapoor took over

• Kenneth Krause: Homeland Security

• Theresa Laramore: Bahamas, ANS friend worked for Executive Flight Services.

• Dr. Maurice Levy: GP sanctioned in 2001

• Dr. Steve Lochan: Bahamas, NeoNatal

• Diana Marshall: RN – LA, CA

• Ray Martino: Friend of Anna Nicole and where Daniel was living while his mother was in the Bahamas.

• Dr. Natalie Maullin: Cedar Sinai Psychiatrist

• Steve Mazlin: AMC Pharmacy – Burbank

• Joseph Merydlth: Government document forensics expert

• Dr. Hubert Minnis: Bahamas OB

• Imelda Molina RN – LA, CA

• Julie Monson:

• Wayne Munroe: Howard K. Stern’s Bahamas Lawyer.

• Brigitte Neven: Eric Gibsons girlfriend. She was present in Florida when Anna Nicole found dead.

• Claudette Pantig:

• Romeo Par:

• Dr. Joshua Perper: Performed Anna Nicole’s autopsy.  Broward ME

• Dr. David Perry: CA out of state license

• Ron Rale: California attorney and Howard K. Stern friend.

• Marcella Selkert:

• Danny Santiago: California Department of Justice Special Agent.

• Yolanda Santos: Unipharma Pharmacy Los Alamitos — Not retail.

• Dr. Harold Schuler Brown: ME toxicologist

• Ford Shelley: South Carolina business man. Father of Riley Shelley.

• Gina Shelley: Ford Shelley’s wife whose family purchased Horizons and also hosted Anna Nicole and Stern as house guests.

• Riley Shelley: Ford and Gina Shelley’s daughter who was 10 years old at the time of Stern taping her in the “Clown Video.

• Daisy Soria RN – LA, CA.

• Dr. Scott Stoney: Anna’s doctor who Dr. Kapoor bought clinic from.

• Mercedes Taha: Midwife Nurse LA, CA.

• Diane Takeda:  RN – LA, CA.

• Allison Tan:

• Gaither Thompson: Son of Ben Thompson

• G. Ben Thompson: From South Carolina. Owner of Horizons house that was in dispute.

• Greg Thompson:

• Alma Tongson: Investigator

• Usa Troncosco: Investigator

• Charlene Underwood: Lawyer whose name Dr Eroshovich stole to use for fraudulent prescriptions.

• Ron Valdivia: Investigator DA’s office.

• Wilma Vicedomine:  Assisted investigation via Don Clark.

• Kim Walther: Anna’s assistant at one time .

• Dr. Cyril Wecht: Performed private autopsy on Daniel Wayne Smith.

• Lisa Young: RN

Link to jury questionnaire and witness list.

Who is missing from the witness list?

Pol’ Atteu and Patrik Simpson: Gay couple who have made multiple allegations.

Alan Nazario: Same link, Trimspa Bus Driver. Said he saw Stern take ANS behind closed doors and when she came out she was impaired.

Sandy Seranno: Anna Nicole hairdresser. These screen shots speak for themselves.

http://i40.tinypic.com/28u1mdt.jpg
http://i39.tinypic.com/2vi3tag.jpg
http://i42.tinypic.com/lwmtg.jpg
http://i40.tinypic.com/24yxmh0.jpg
March 2009 screen shot, (Birkhead swapping spit with Seranno)

Blast from the past. Lisa Bloom handing Howard K. Stern attorney Krista Barth an excellent smack down!

Sadow Falsely Claims Big Moe Paid To Testify About Stern Injecting Anna Nicole

Yesterday in Los Angeles Maurice Brighthaupt (“Big Moe”) spent his second day on the stand in the preliminary hearing to decide if Howard K. Stern, and doctors Sandeep Kapoor and Khristine Eroshevich will go to trial for  illegally supplying drugs to Anna Nicole Smith. The same drugs killed her on February 8th, 2007 at the Hard Rock Hotel in Hollywood Florida.

The Los Angeles Times quoted Sadow as saying that Brighthaupts allegations of Howard K. Stern injecting Anna Nicole Smith with drugs are false and a new allegation. Not so!

Sources say Big Moe spoke to the California DOJ two days after Lin Wood and Howard K. Stern accused Brighthaupt of trying to sell pictures of Anna Nicole. The accusation first came via Stern’s mouthpiece Entertainment Tonight on October 3rd of 2007. They again attacked Brighthaupt on Larry King Live on October 10th, 2007.

Big Moe was interviewed by Access Hollywood on October 17th 2007. That was when he revealed for the first time that he saw Howard cooking drugs on a spoon and injecting them into Anna Nicole.

So here is the time line

October 3rd, 2007 – Lin Wood issues a statement to Entertainment Tonight accusing Brighthaupt (Big Moe) of selling pics and says they have been accusing him since shortly after Wood was retained. Moe denies selling anything through his rep. Paul Porter.

October 10th, 2007 – Howard K. Stern and Lin Wood appear on Larry King Live with same accusations.

October 12th, 2007 – According to Sadow, Moe talked to the CA DOJ

October 17th, 2007 – Moe appears on Access Hollywood and says he saw Stern cooking drugs and injecting them into Anna Nicole.

So Sadow’s own words disprove his point. If Moe talked to the CA DOJ two days after the Larry King Live interview, that would have been October 12th. Moe did not appear in any live interviews until October 17th. The point is, Moe told the DOJ what he is testifying to before he got paid by or appeared for any media outlets.

Also, where is Lin Wood? It was announced by Reuters and others that he is part of Stern’s defense team. Could it be that Wood is trying to extricate himself from Howard K. Stern? The King siblings case which Wood was working on has been settled but still no appearance by Lin Wood in California.