QV's Place » Harvey Levin

Associated Press Caught Censoring News About The Upcoming Anna Nicole Smith Prescription Drug Trial

QV — Wed, 21 Jul 2010 00:52:34 +0000

Someone dropped a link to the latest news concerning the upcoming Anna Nicole Smith prescription drug trial. I was pleased to see some comments from the judge and prosecution about what has become in the age of the internet, an out of control media. Judge Perry who will preside over the case does not want cameras in the court room. District Attorney Renee Rose suggested a gag order but stopped short of filing a motion for one as her office has a policy of not requesting them.

As a side note, I disagree with Judge Perry. What he is doing is actually feeding the trend of favoritism, selective censorship and slanted and biased journalism. If he would allow cameras into the court room, the American pubic could make up their own minds about what they actually see.

A perfect example happened today with the Associated Press. AP Special Correspondent Linda Deutsch wrote an informative article highlighting some specific problems talked about today in pre-trial hearings in the above mentioned case. DA Rose said` that the defendants (Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor) are making too many statements to the press.

Later on, I went back to the original link to see if anything was added to the article. What I saw blew me away.

The authors name, Linda Deutsch, was removed and her article was butchered.

Hopefully the websites who still have the original article posted, will leave it up there. Shame on websites like “CBS2Chicago.com” who replaced their article with the extremely watered down version.

Here is a copy of the original article and below it will be the one that replaced it. Same link, different story. Truth in journalism is dead.

(Who censored this article and why?)

Jurors In Smith Case Must Reveal Medical Histories

LINDA DEUTSCH, AP Special Correspondent
LOS ANGELES (AP) ? A judge preparing for jury selection in the trial of Anna Nicole Smith’s doctors and boyfriend said Tuesday he will dismiss any prospective jurors who refuse to reveal their medical histories, including prescription drug use.

A jury questionnaire also asks if prospects ever abused such drugs.

“I really want to focus on prescription drugs because I think that’s what this case is about,” Superior Court Judge Robert Perry said during a pretrial hearing.

Dr. Sanjeep Kapoor, Dr. Khristine Eroshevich and Smith’s former lawyer-boyfriend Howard K. Stern have pleaded not guilty to conspiring to illegally providing sedatives and opiates to the former Playboy model. They are not charged with causing her death.

Each could face up to five years in prison if convicted.

Smith died of a drug overdose in 2007 in Florida. The defendants are not charged with causing her death.

The judge also said he will not allow cameras in court because he believes they are a negative influence and help create a “carnival atmosphere.”

Perry also intends to take the unusual step of checking the names of jurors against criminal records to see if they are hiding anything. He said he was concerned about prospects who are eager to become jurors in high-profile cases.

“The problem with celebrity trials is it has a tendency to bring out kooks, frankly,” the judge said.

Prospective jurors will receive questionnaires on Thursday. A major pretrial motions hearing is scheduled for July 30, with jury selection beginning in court on Aug. 2. Opening statements are set for Aug. 4.

Much of Tuesday’s hearing was consumed with arguments about publicity, the Internet and the effect of social media and blogs on the jury.

Perry plans to keep the names of jurors secret from lawyers, who complained that would make it impossible to track whether they were blogging or reporting on the trial via social networking websites.

The judge agreed to ask prospects if they have blogs or social media accounts. He also intends to ask his staff to check periodically to make sure jurors are not blogging about the case.

Perry rejected a suggestion by Deputy District Attorney Renee Rose that a gag order might be warranted. Rose declined to make a motion for such an order because her office has a policy of not requesting them.

Still, she accused the defense of making too many statements to the press.

Defense attorneys opposed any gag orders, saying lawyers were well aware of their professional responsibility in making public comments.

Rose made the unusual disclosure that she was filing all of her legal documents under seal to keep them from falling into the hands of celebrity website TMZ. The judge said he was going through her sealed motions and unsealing many of them.

“I don’t think you should file under seal just because you don’t want the media to see it,” Perry said.

“Everything I file ends up on TMZ,” Rose said.

“Who cares?” said the judge.

“Our jury pool is out there,” said the prosecutor.

“Do we even want people who watch TMZ on the jury?” asked the judge.

“We’re going to get them,” Rose said.

“I hope not,” said the judge.

*******

Jurors In Smith Case Must Reveal Prescription Use

LOS ANGELES (AP) ? A judge in the trial of Anna Nicole Smith’s doctors and boyfriend says he will dismiss any prospective jurors who refuse to reveal their histories of prescription drug use.

The judge also said at a pretrial hearing Tuesday that cameras won’t be allowed while the defendants are on trial for allegedly funneling prescription drugs to the Texas-born former Playboy model.

Los Angeles County Superior Court Judge Robert Perry says he hopes to avoid a carnival atmosphere surrounding the high-profile case.

Dr. Sanjeep Kapoor, Dr. Khristine Eroshevich and Smith’s former lawyer-boyfriend Howard K. Stern have pleaded not guilty to illegally providing Smith sedatives and opiates.

Smith died of a drug overdose in 2007 in Florida. The defendants are not charged with causing her death.

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

* From QV. After looking around, I am not so sure there was censoring by AP. However, CBS2Chicago did switch from the longer version to the shorter one.

Using the Media to Save Celebrity Drug Addicted Children – Lindsay Lohan – Anna Nicole Smith

QV — Fri, 09 Jul 2010 23:30:12 +0000

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.

Lohan served three years in prison for insider trading. He and his daughter are estranged. However, since Lohan’s release he has appeared in the media voicing concern for his daughters life. In a New York Daily News article, Lohan defends himself from those who say he is only out to make a buck. He responds to critics saying he hasn’t made any money off of his daughter and that he’s the only one trying to help her.

“I’m not going see my daughter die!” he said. “You have Michael Jackson, you had Heath Ledger, Adam Goldstein. You can go back to John Belushi, Anna Nicole Smith, and even Elvis Presley. It was prescription drugs that killed these people. I’m not going to watch my daughter die.” **

Michael Lohan was in court when Lindsay was recently sentenced to jail and openly wept after hearing his daughter’s sobbing pleas for leniency. He says it was important for him to be in the court room when the judge sentenced his daughter.

“I had a feeling that Lindsay might go to jail and I wanted to be there for her, but I wanted to be there, more importantly, to submit the letter to the judge in hopes that she would just give her rehab, which she did consider and I appreciate that,” he tells Us. “But at the same time, Lindsay is not a criminal. She is a woman with a disease. She really is. She needs help. She needs medical attention.”***

This is in contrast to Lindsay’s mother Dina who has been reported and photographed out on the town partying with Lindsay. Lets hope Mrs. Lohan comes to her senses quickly. There is no doubt she cares for her daughter but she needs to take off the rose colored glasses.

Families of celebrity addicts often face huge obstacles because the addict does not depend upon the family dynamic to survive. Lindsay Lohan and Anna Nicole are/were wealthy and surrounded themselves with yes people who would do anything they could to make the addict happy. The saying “death by entourage” come to mind. That includes supporting their addictions and in Anna Nicole’s case, obtaining drugs by whatever means possible including fraud. Also in the Anna Nicole case, two medical doctors, Sandeep Kapoor and Khristine Eroshevich are facing criminal charges along with Howard K. Stern. Both doctors have been photographed in compromising sexual positions with the late model.

The big difference is that Lindsay is thankfully still alive and I hope she stays that way. Anna Nicole Smith and her son Daniel Smith are gone forever and all Mrs. Arthur can look forward to is a bit of justice. She would also like to know her granddaughter. I hope that happens for her.

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

* Wiki Lindsay Lohan

**New York Daily News

***USMagazine

TMZ Reputation Assasin – Stern Files To Quash Depo

QV — Tue, 11 May 2010 00:44:11 +0000

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

Virgie Arthur vs TMZ and Harvey Levin Response To Motion For Summary Judgment

QV — Thu, 29 Apr 2010 01:54:44 +0000

I have not had the chance to read all of this yet but what I have read of it pretty much says it all. TMZ published an article about Anna Nicole Smith’s mother Virgie Arthur that was not true.

In her complaint, counsel for Mrs. Arthur has in their possession an email that Howard K. Stern’s sister Bonnie sent to a blog owner, Nelda (Rose) Turner.

The email in part…

…Howard told me this morning that Larry was actually the one who intentionally leaked to TMZ the thing about Virgie and then Harvey Levin looked up and found the family tree…

…He (Howard) said that Larry leaked that because of the amount of viewership TMZ gets and it turned in their favor against Virgie that it happened so it was actually a good thing…..

He (Howard) didn’t understand why everyone was so mad so I told him that Art (Harris) wanted to break that story…He said he would have Art break the one above yet he doesn’t get a lot of viewership…They need the high viewership of TMZ at times…

I hope this helps explain some things.

XO Bonnie

The “Larry” who is referred to is Larry Birkhead, the father of Anna Nicole Smith’s baby Dannielynn. It appears that he gave this information to TMZ to publish in order to ruin Mrs. Arthur’s reputation. The Stern’s and Birkhead do NOT want Mrs. Arthur to know her granddaughter Dannielynn who is the only remaining person alive after the mysterious drug deaths of her mother Anna Nicole and brother Daniel.

As you can see from the exhibits, a lot of other websites picked up and copied TMZ’s libelous story subjecting Mrs. Arthur to world wide scorn and ridicule for something that did not happen as TMZ portrayed.

Journalist Art Harris is also mentioned. He was apparently upset because he was not chosen to distribute this false information as one of his “exclusives”.

Many do not know that Mrs. Arthur was a 26 year veteran deputy of the Harris County Sheriffs department. Also included are affidavits from a former supervisor and co-worker. Below is Mrs. Arthur’s response to TMZ and Harvey Levin’s motion for Summary Judgment.

Hollywood Gossip Says Larry Birkhead Crying For Attention

QV — Fri, 26 Feb 2010 16:30:17 +0000

The Hollywood Gossip started their latest Anna Nicole saga article with the words, “This is how a real pimp rolls.”

Apparently, paps caught the daddy of Anna Nicole’s baby daughter out wearing a t-shirt with Anna Nicole’s face on it. Read what they had to say here.

And that’s not the only smack down for Birkhead recently. Attorneys for Anna’s mother, Virgie Arthur are forging ahead with her libel and conspiracy to libel suit against Birkhead, Howard K. Stern, Bonnie Stern, TMZ and Harvey Levin, CBS/Entertainment Tonight, Art Harris (a journalist) and some bloggers.

Published in recent court documents is an email from Howard K. Stern’s sister Bonnie. In part Bonnie Stern says her brother Howard told her that Birkhead INTENTIONALLY leaked information to TMZ’s Harvey Levin. In other words, the group being sued are accused of libeling Mrs. Arthur and their own words may be what ends up in a finding against all of them.

An example is an email in part from Bonnie Stern to Nelda Turner (a blogger defendant in the suit)

…Howard told me this morning that Larry was actually the one who intentionally leaked to TMZ the thing about Virgie and then Harvey Levin looked up and found the family tree…

…He (Howard) said that Larry leaked that because of the amount of viewership TMZ gets and it turned in their favor against Virgie that it happened so it was actually a good thing…..

I hope this helps explain some things.

XO Bonnie

And to think all this time, various entities have been blaming little old me (QV) for the above including the actual guilty ones. I can’t wait until the rest of it comes out in court.

See what Birkhead is being sued for……..

Mrs. Arthur’s Fourth Amended Petition. http://qvsplace.com/Arthur_vs_Stern_etal_Fourth_Amended_Petition.pdf

Was TMZ REALLY The First To Break The Story Of The Death Of Michael Jackson?

QV — Sat, 29 Aug 2009 19:47:12 +0000

A search engine optimization site seomoz.org says no.

Danny Dover, an SEO consultant has laid out a timeline of how the news of Michael Jacksons death traveled across the internet.
I just happened to be on the X17 entertainment news site when the story broke on the first page. I immediately went to Google and entered MJ’s name into the search box and came up with nothing. I also turned on the television looking for some type of news. After channel surfing for awhile, I decided to check out TMZ.com and there it was. A picture of an ambulance offloading a stretcher with credit for the photo to X17Online.

Dover reports that X17online.com beat TMZ by 20 full minutes.

Dover’s Timeline

A Timeline of How News of Michael Jackson’s Death Traveled Across the Internet

19:21 – One of Michael Jackson’s employee’s calls 911

The next forty-nine minutes are best described as the calm before the storm. The Los Angles Fire Department arrived at Jackson’s rented mansion in Bel Air and family members were alerted of the news.

20:10 – (Story Breaks) A small entertainment site called x17online.com breaks the story.

They post photos and a brief story a full 20 minutes before the much larger entertainment site TMZ.com posts the news. Information goes live on the internet. BOOM!

20:30 - TMZ.com posts “Michael Jackson — Cardiac Arrest”

TMZ.com posts the story on its homepage and the story is distributed to hundreds of thousands of people via RSS. My guess is they paid a pretty penny for the image above and it paid for itself ten fold with all of the links TMZ got from the story.

Later on Managing Editor Harvey Levin preened on television as he boasted about how his website was the first to announce the story. X17 remains silent about TMZ’s claim. Do you suppose a little bit of coin changed hands? Dover thinks so. The photo is missing X17’s watermark but they are given credit at the bottom of the photo. It appears that TMZ purchased their “scoop”.

Dishonesty in journalism lives on…

Whats Up With The Anna Nicole Smith Lawsuits?

QV — Fri, 24 Jul 2009 05:30:52 +0000

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.

Virgie Arthur Files Sanctions Against Howard K Stern and His Attorney Lin Wood and Calls For Contempt On Lin Wood

QV — Wed, 06 May 2009 00:22:40 +0000

Things are really heating up in the interconnected lawsuits which have resulted since the death of Anna Nicole Smith.

In Virgie Arthur vs 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, attorney’s for Virgie Arthur filed a second motion for sanctions against defendant Howard K. Stern and his counsel Lin Wood and a motion for contempt against Lin Wood.

Arthur_vs_Stern_etal_Motion_Sanctions__Contempt_HStern_Wood.pdf

Bonnie Stern, a defendant in the above suit, in California filed a motion to Reconsider the Order Granting Relief from the Automatic Stay in the bankruptcy she filed after this case commenced. In the meantime Arthur filed a motion for contempt against her in Texas.

Arthur_vs_Stern_etal_Contempt_motion_Bonnie_Stern.pdf

Thanks to Carole for the California documents.

Bonnie Stern’s Motion to Reconsider Order Granting Relief from Automatic Stay
http://www.angelfire.com/teamtexas-virgie/BSMotReconsider.pdf

McCabe’s Court appearance transcript
http://www.angelfire.com/teamtexas-virgie/BSExh2.pdf

Complaint for Determintation of Non-dischageable Debt under Chapter 11
http://www.angelfire.com/teamtexas-virgie/BSExh3.pdf
********************

**New Docs!**

Arthur_vs_Stern_etal_Stern_Motion_for_Emergency_Hearing_on_Motion_to_Cancel-Continue_May08_hearing.pdf

Arthur_vs_Stern_etal_Stern_Motion_to_Cancel-Continue_May08_hearing.pdf

Arthur_vs_Stern_etal_Response_to_Harris_Motion_to_Clarify.pdf

Howard K Stern Motion To Recuse Judge Lindsay DENIED

QV — Tue, 21 Apr 2009 23:25:24 +0000

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.

Harris County Updates Virgie Arthur vs Howard K Stern et al

QV — Thu, 02 Apr 2009 16:04:06 +0000

Latest documents filed in the 280th Harris County District Court of Houston Texas, defamation complaint of Virgie Arthur vs Howard K. Stern and Journalist Art Harris, Bonnie Stern, TMZ.com, Harvey Levin, Larry Birkhead and bloggers Lyndal Harrington, Teresa Stephens and Nelda Rose Turner.

Also Neil McCabe, Arthur’s attorney filed a response with the Florida court in Howard K. Stern vs John O’Quinn stating they are not opposed to releasing the full confidential depositon of Don Clark to the California Department of Justice who arrested Howard K. Stern on felony drug charges.

1) Plaintiffs motion to cancel deposition of Neil McCabe

040109_Arthur_vs_Stern_etal_Motion_cancel_McCabe_depo.pdf

2) Plaintiffs motion to cancel deposition of Nelda Turner

040109_Arthur_vs_Stern_etal_Motion_cancel_Turner_depo.pdf

3) Plaintiff’s supplemental statement opposing defendant Howard K. Stern’s verified motion to recuse the Honorable Tony Lindsay

040109_Arthur_vs_Stern_etal_Plaintiffs_supplement_opposition_to_recusal.pdf

4) Plaintiff’s response to defendant Nelda Turner’s motion to quash deposition notice and motion for protective order.

040109_Arthur_vs_Stern_etal_Plantiffs_response_Turners_quash_motion.pdf

5) Defendant Teresa Stephens letter in support of recusal of Judge Lindsay

040109_Arthur_vs_Stern_etal_Stephens_letter_recusal.pdf

6) O’Quinns response to Howard K. Stern’s motion for the California Department of Justice to be designated as a qualified recipient of the confidential portions of the deposition of Don Clark. O’Quinn says he has no problem with Stern’s request.

Stern_vs_OQuinn_040209_267.pdf

Exhibits For Plaintiff’s Supplemental Statement Opposing Defendant Howard K. Stern’s Verified Motion to Recuse the Honorable Tony Lindsay

Exhibit A

Exhibit B 156 pages of emails

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit H

*******

And to put the documents in perspective, here are the original filings to which the above Harris County documents are in answer to.

A) Howard K. Stern’s motion to recuse Judge Lindsay

Arthur_vs_Stern_etal_Houston_Motion_to_recuse.pdf

B) Virgie Arthur’s statement opposing Stern’s motion to recuse and attachments.

Arthur_vs_Stern_etal_Plantiff_Statement_Opposing_Recuse_Motion.pdf

Arthur_vs_Stern_etal_Exhibits_G-N_Opposition_to_Recusal.pdf

C) Defendant Nelda Turner’s motion to quash deposition notice and motion for protective order can be found here labeled as “Nelda’s Motion to Quash Subpoena”

UPDATE 04/04/09

Virgie Arthur’s response to defendant Nelda Turner’s motion to quash deposition notice and motion for protective order.

Arthur_vs_Stern_etal_Arthur_Sup_Response_Turner_Motion_to_Quash.pdf

Lin Wood resquests emails between Judge Lindsay and Judge Wise and Judge Lindsay and any court employee concerning Arthur vs Stern et al. http://www.hcdistrictclerk.com/eDoc