Darla Lexington, the longtime companion of prominent Houston plaintiffs lawyer John O’Quinn, settled her dispute with O’Quinn’s estate and the John M. O’Quinn Foundation over assets from his estate. O’Quinn died in an automobile accident in October 2009.

Lawyers spent four hours at the courthouse today negotiating the deal.

Read the rest of the story…

Investigation Discovery will air its “True Crime with Aphrodite Jones”, “The Death of Anna Nicole Smith” tonight at 10:00 pm est.

The online promotions list  three “confidants” of Anna Nicole Smith who will appear on the show. One is Ray Martino, a D-list movie producer and the man who Anna Nicole left her son Daniel with when she fled the U.S. to live in the Bahamas. The second is Gerlene Gibson who was Dannielynn Birkhead‘s nanny in the Bahamas for a short time.  And we can’t forget Larry Birkhead, the baby daddy who is shown emoting in preview clips as he reminisces about his turbulent relationship with the late model and actress.

However one guest has not been mentioned online and that will be retired FBI Houston, Texas Bureau Chief, Mr. Don Clark.

Mr. Clark worked for the late billionaire attorney John O’Quinn as an Investigative Strategist and Jury Consultant after his service to the FBI. O’Quinn along with his senior counsel and personal adviser, Texas attorney Neil McCabe, represented Anna Nicole’s mother Virgie Arthur in various legal actions. The first being in February 2007 when Mrs. Arthur attempted to claim her unmarried deceased daughter’s body.

All in all, the show promises to be very interesting as the three mentioned guests are friendly with Anna Nicole’s attorney Howard K. Stern.

Mr. Clark, is in opposition of the three guests and in support of Mrs. Arthur who believes her daughter and grandson were victims of foul play. She also predicted her own daughters death as she tried to warn her after grandson Daniel  Smith, who was not a drug addict, died from pills that he did not enter the Bahamas with in his possession.

Mrs Arthur reaching out via the airwaves to her daughter Anna Nicole Smith, October 12, 2006 on the Nancy Grace Show:

Vickie Lynn, you know I love you, always have. Be very careful about who you hang around with, because you may be next.

And indeed she was…

The world is a dangerous place to live; not because of the people who are evil, but because of the people who don’t do anything about it.
Albert Einstein

The late attorney and philanthropist John O’Quinn may have lived by those words until his untimely death. Although some say he was merely lining his own pockets, O’Quinn was a hero to many for his good works and charitable contributions to those who were victimized, hurt and in need.

His unexpected death October 29th, 2009 in a car accident, shocked the Texas legal community and signaled the end of an empire. O’Quinn’s will directed co-trustees of the O’Quinn Law Firm Trust  to “provide for the orderly winding up and dissolution” of the firm.

One by one, lawyers and other employees of the firm quietly found positions at other companies and in spite of statements professing a five year dissolution plan, the firm’s website went offline in late 2010.

Those who follow the Anna Nicole Smith story can only imagine how much of a hero Mr. O’Quinn was to her mother Virgie Arthur. O’Quinn undertook representation of Mrs. Arthur when Smith died and stood behind her until his own death.

Smith’s lawyer Howard K. Stern, sued O’Quinn for libel and the representation of Mrs. Arthur was eventually passed to law scholar and author*, attorney Neil McCabe.

McCabe, a full time law professor for twenty years taught criminal and constitutional law.  Mr. McCabe joined The O’Quinn Law Firm in 2003 and served as lead appellate lawyer, as well as a trial lawyer and senior counsel for Mr. O’Quinn.

McCabe was most recently involved in the successful representation of the Jerry Carswell case, along with Houston Texas attorneys Carl D. Shaw and Michael O’Brien. Defendant, Christus St. Catherine Hospital in Harris County Texas must pay $2 million dollars to the Carswell family for fraud.

Mr. McCabe expected to have “post-verdict matters” of the Carswell case wrapped up by 2010 years end, and is joining “The Leigh Law Firm” of Woodlands, Texas. McCabe actually taught both Leigh and his father at South Texas College of Law. Teaching two generations of law students from the same family is something he has done more than once. He also taught a mother and her daughter, at the same time.

In addition to the types of plaintiff cases that the Leigh Law Firm website talks about, McCabe expects to be handling other matters like wills, trusts, and estate issues. He also anticipates being involved again in the defense of persons who have been accused of crimes, something he had done for 20 years before joining the O’Quinn firm. He is also considering opening an additional office. The new firm would be his company separate from the Leigh firm and located on the 25th floor of the Lyric Center near his old office. However he would remain “of counsel” to the Leigh firm.

They say change is good but all good things must come to an end… Wishing the very best for success to Neil McCabe in his new ventures. His name and many others will be forever ingrained in the minds of those of us who followed the tragic deaths of Anna Nicole Smith and her son Daniel, and all that the story has produced…

*Books published by Neil McCabe; State Constitutional Criminal Procedure: Cases and Materials (with Catherine Greene Burnett), 1994; and Comparative Federalism in the Devolution Era, 2002.

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.

The Houston Chronicle released crash data from the computer on board the Chevy Suburban Mr. O’Quinn was driving when he lost control of the vehicle and died. Also killed was Mr. O’Quinn’s long time assistant Johnny Lee Cutliff who usually did the driving according to those close to O’Quinn.

Autopsy’s performed on both men said they died of blunt force injuries.

Mr. O’Quinn had been at Houston’s Hobby Airport ready to fly to San Antonio when he realized he had forgotten some paperwork so he decided to rush home and get it and planned to take a later flight. It was raining and the roads were slick. The speed limit was 4o mph but O’Quinn was traveling at 79 mph. The crash data reported the vehicle slid into a curb. The vehicle became airborne and then hit a grassy median, witnesses have said. The vehicle then bounced into the air again, crossed three lanes of oncoming traffic and crashed into a tree. Both men were killed instantly.

What I think is odd is that reportedly, Mr O’Quinn never touched his brakes. But if he became unconscious, as everyone remembers happened in Florida due to diabetes, and his foot was on the accelerator, why did the speed not increase while he was airborne instead of decrease unless the jolt was enough to shift his foot off of the accelerator.

If Mr. O’Quinn had become ill, would that information not be in the autopsy report? Just when you think there are going to be answers, as usual there are more questions.

Again I would like to express my condolences to friends, colleagues and loved ones of the two men. I was just telling my friend how I was sitting the the lobby of the O’Quinn Law Firm when they flew me out to Texas to give a statement for Virgie Arthur’s lawsuit.

I heard the elevator open and off stepped Mr. O’Quinn. My friend said I should have chased after him and gave him a big hug. But I am a shy person by nature so I just watched him walk down the hall. I was told later that I could meet Mr O’Quinn another time but as we know now, that time will never come.

Its hard to remember that we are not promised tomorrow so if there is something special that you want to do or say to a loved one and you keep putting it off…don’t. Go do it. You never know when you or someone you care about will be gone.

JOHN M. O’QUINN

JOHN M. O’QUINN, dedicated and extremely successful trial lawyer, generous benefactor, and devoted friend to those who loved him, has ended his earthly journey far too soon. John’s journey was always exciting because he demanded so much of himself. Born on the 4th of September 1941, he passed away Thursday, the 29th of October 2009.

John spent his professional life as a powerful advocate for the powerless – he was the courtroom champion of the ordinary person. He seemed bigger than life with his dynamic personality and folksy presence, which cleverly masked a giant intellect. He believed that the courtroom was the great common denominator: this was where each person was truly equal.

John was the “difference maker” in so many major cases. He considered the courtroom much like the athlete considers the playing field. John took each and every case seriously and personally. As the “people’s champion,” even those who opposed him in court soon realized his unflinching commitment to his clients, and that even they were enhanced by his presence. Each client was unique; each case special.

John was very much the home-town boy – he loved the city of Houston which helped create his legendary skills: both were robust, confident, extremely successful, with an unyielding attitude. Recognized publicly as a legal icon, he was named one of the 100 Legal Legends of the Law by the Texas Lawyer and recognized by the National Law Journal and Harvard Law Review as one of the Best Lawyers in America, receiving four of the largest verdicts in Texas legal history.

An honors graduate of the University of Houston Law Center, he served as a Regent for the University of Houston, as well as a trustee of the UH Law School Foundation. He truly loved the UH Law School and all UH athletic activities. John used his fame and fortune to assist not only the University of Houston with the John O’Quinn Law Library and the John O’Quinn Field at Robertson Stadium, but also the Children’s Assessment Center, the Women’s Center, Baylor College of Medicine, the End Hunger Network, St. Luke’s Episcopal Hospital, the South Texas College of Law Advocacy Center, and so many more endeavors of equal importance.

He was a man who was determined to give back to the city, which had been so very good to him. He once said, “The only things you get to take with you are those things you give away.”

But despite the public persona, John O’Quinn was also a very complicated private person. He seemed as if he were a walking contradiction. Few people knew the John O’Quinn who helped so many when no one else would. Not many knew of the wonderful friendship he shared with the few people who saw this private manifestation of his generous nature. The private John O’Quinn was the first to answer the call when a friend was in need, and he was loved by his classmates at the UH Law Center. From this class developed a strong bond between John and his contemporaries – Alvin Zimmerman, Jack Raines, Al Levin, and especially this writer, Gerald Treece. He was a friend to all of us and he is already being missed more than any of us can truly express.

The private John O’Quinn faced many demons. He fought them with the same zeal he approached the courtroom. John was a proud member of the 12-Step Fellowship, a group known as the “Motley Crew.” Only one woman was invited into this group, Darla Lexington, and together with these men, the group helped one another to fight the monster called alcoholism. John’s friends made him stronger and he them. His sobriety was nearing eleven years. He truly loved these guys.

Standing by his side was Darla Lexington, the love of his life. They shared a passion for philanthropy, the arts, and classic cars. Their dream was to build an automotive history museum in Houston and Darla intends to build that legacy in John’s name. They escaped to their beautiful ranch in Wimberley, Texas whenever they could and planned to retire there. John also deeply cared for Darla’s daughter, Michelle Coopwood, and referred to her as his daughter. John also leaves behind his beloved aunt, Ruth O’Quinn, and cousin, Carol O’Quinn, his extended famil, as well as many dear friends.

Darla, along with the guidance of Dr. Ed Young and others at Second Baptist, helped John on his journey to find his spiritual self. We can all rejoice that John found peace, and that he knows the full love of God, which is forever.

A writer to the Houston Chronicle, responding to the news of John’s death, wrote, “JMO was a brilliant attorney. He was a generous soul. The last samurai warrior. A real gunslinger. JMO championed the causes of the nameless and faceless individuals who did not have the means to challenge the mammoth defendants. UH has lost its son. Houston has lost its friend. The world has lost a generous soul….He loved hard work. He was a dedicated man.

“Friends are cordially invited to a visitation with the family from four o’clock in the afternoon until eight o’clock in the evening on Tuesday, the 3rd of November, at Geo. H. Lewis & Sons, 1010 Bering Drive in Houston.

So as to provide for more seating accommodations during the funeral service, kindly note the below change of venue at Second Baptist Church, from the Sanctuary to the Worship Center, accessible from Voss Road.

All are invited to the funeral service to be conducted at eleven o’clock in the morning on Wednesday, the 4th of November, in the Worship Center of Second Baptist Church, 6400 Woodway Drive in Houston, where Dr. H. Edwin Young, Pastor, is to officiate.

A reception is to immediately follow the service in the adjacent Deacons’ Parlor.

The entombment services are to be privately conducted on the O’Quinn River Ranch in Wimberley, Texas.

For those desiring, contributions in memory of John M. O’Quinn may be directed to the University of Houston John O’Quinn Memorial Fund, University of Houston, Houston, TX, 77204-5016 (please indicate whether you prefer to support the UH Law Center or UH Athletics); The Texas Heart Institute, 6770 Bertner St. (MC3-116), Houston, TX, 77030 (please indicate whether your contribution is designated for Dr. Willerson’s Research or Dr. O.H. Frazier’s Surgical Research); The Children’s Assessment Center, 2500 Bolsover St., Houston, TX, 77005; The Women’s Center, 1010 Waugh Dr., Houston, TX, 77019; or to the John M. O’Quinn Foundation, 3518 Travis St., Suite 200, Houston, TX, 77002.

This lovely obituary was written by ~Gerald Treece~

After introductions by Geraldo where he called Howard K. Stern and the doctors Kapoor and Eroshevich “bums”, and announced the trio is going to trial for “feeding” and “pumping Anna Nicole full of  the drugs that killed her”, brother Craig Rivera had a short interview with Virgie Arthur.

Mrs. Arthur, looking lovely and slender but sad and battle worn, believes the three are guilty. She said the doctors made it possible but Howard K. Stern was the one who kept giving the drugs to her daughter.

Mrs. Arthur, retired after a 28 year career as a police officer said, “you don’t help a drug addict kill themself. If you love them, you help them get off the drugs. Anna was wanting help. No one gave her any.”

Craig Rivera asked her if Anna had a history of seizures. Mrs. Arthur said she spoke to the doctors and she was told that all the meds that Anna Nicole took would cause the seizures.

The conversation turned to granddaughter Dannielynn, the baby who Mrs. Arthur says is her only link to her deceased daughter and grandson.

Rivera asked her opinion of Dannielynn’s father, Larry Birkhead. Mrs Arthur said that same thing many of us have been thinking and saying and that is that Birkhead needs to get a job and someone needs to be appointed to look after Dannielynns interests.

Amen to that!

The infamous clown video? Mrs. Arthur; “even the little girl knew my daughter needed help”.

Craig mentioned the sudden and unexpected death of attorney John O’Quinn who has been Mrs. Arthur’s “knight in shining armor”, since he came to her assistance at the Florida burial trial after Anna Nicole died in February of 2007. He also verified as we did here that in his wisdom, Mr O’Quinn made provisions so that Mrs. Arthur can continue her fight for justice with the full force of the O’Quinn Law Firm and her attorney Neil McCabe behind her.

The death of the great Houston, Texas philanthropist and litigator John O’Quinn is reverberating through the news wires from coast to coast. From the rich and famous to you and me, tears are being shed for the man who once said,

“What I do is represent the powerless against the powerful.”

And that he did. He took on giant corporations like Wyeth Pharmaceuticals, Dow Chemical and the tobacco industry and fought for justice for every day people who otherwise would have been victimized by greed and power.

I came to know of Mr O’Quinn years ago when I was researching for an attorney for my late mother. But I never knew of his generosity until the death of Anna Nicole Smith when Mr. O’Quinn flew to Hollywood Florida and represented her mother Virgie Arthur, as she attempted to claim her unmarried daughters body. Associated litigation is ongoing to this day sponsored by Mr. O’Quinn.

The good news from a source close to Mr. O’Quinn is that his legacy will live on. The O’Quinn Law Firm will continue to grow and prosper. All cases currently in litigation will be vigorously pursued to a successful outcome and that especially includes all the cases associated with the life and death of Anna Nicole Smith.

What a comfort that must be to the colleagues, clients and friends of  the legendary John O’Quinn, that they will be taken care of after his death as he did for them in life. I would not want to be an adversary at this point, as those who loved the larger than life super lawyer, proudly carry on the work that he cared about.

The lead attorney for Mrs. Arthur on the Anna Nicole Smith cases, Neil McCabe today told the Houston Chronicle, “Everyone is devastated,  John not only was the head of the law firm but a person who took care of all of us and we are going to miss him very much.”

Deepest condolences go out to the friends and family of Mr O’Quinn and Mr. Johnny Cutliff  who also perished in the crash, and was an associate of the O’Quinn Law Firm for over 20 years. May they both rest in peace.

“What I do is represent the powerless against the powerful. I’ve been blessed with talent, and I’ve got commitment and passion,” O’Quinn told Texas Monthly in June 2000.

Philanthropist and prominent attorney John O’Quinn passed away this morning after a car accident in his home town of Houston, Texas. He was 68 years old.

On the O’Quinn Law Firm website, a company John founded, it states he graduated from Rice University and the University of Houston College of Law.

Mr. O’Quinn was the first student ever to obtain all three of the top University of Houston law student achievements – he graduated valedictorian of his class (J.D., magna cum laude), served as Editor-in-Chief of the Houston Law Review, and was state champion of moot court. Since graduating, O’Quinn was selected as the 1993 Distinguished Alumnus of the University of Houston, the 1996 Distingued Alumnus of the Year (UH College of Law) and served as a Member of the UH Board of Regents.

Mr. O’Quinn has been recognized as one of  the 100 “Most Influential Lawyers in the United States”, one of the “Top Five Lawyers in the State of Texas”, among both present and past lawyers of the 20th century. He has been named one of the “100 Legal Legends of Texas” by Texas Lawyer, and was recognized in Harvard Law’s Best Lawyers in America. Mr. O’Quinn has also served as Director for the Texas Trial Lawyers Association.

Mr. O’Quinn shared his success through philanthropy and donates to many charitable causes, such as the Children’s Museum, Feed the Hungry, and Women’s Center, Child Abuse Prevention and the University of Houston. He also established The John M. O’Quinn Foundation in 1986, which focuses on helping children, public education and the environment.

He donated to the Houston Council on Alcohol and Drugs and various Texas Medical Center institutions including St. Luke’s Hospital, which has a tower bearing his name..

The football field at the University of Houston’s Robertson Stadium also is named for O’Quinn.

Mr O’Quinn has most recently demonstrated his generosity by representing Virgie Arthur, the mother of Anna Nicole Smith in her quest for justice in the deaths of her daughter and grandson Daniel Wayne Smith.

Mr O’Quinn will be fondly remembered and his death mourned by many who admired him for his wisdom and good works.

Representatives for  Mr. O’Quinn will hold an afternoon press conference at his law firm. I am told 3:00 PM Central time.

How to begin to write about something so heinous, devious and disgusting is a dilemma. Where do you start?

It’s a tale of people gone too far in their “support” of someone they will never meet. It’s a tale of dirty back door dealings and not only criminal but immoral behavior. All in the name of helping someone who was present when two young people died.

It all started with the death of Anna Nicole Smith and her son Daniel Smith and has come full circle back to individuals on the internet who gathered to blog and chat in support of Howard K. Stern.

Anna Nicole Smith’s mother Virgie Arthur has sued Howard K. Stern, his sister Bonnie Stern, Journalist Art Harris, Larry Birkhead, TMZ Productions and its managing editor, Harvey Levin. She is also suing bloggers Nelda (Rose) Turner,  owner of Rose Speaks.com and Teresa Stephens and Houston, Texas Real Estate Agent Lyndal Harrington.

In a stunning motion for contempt filed today by Houston Texas O’Quinn Law Firm’s Neil McCabe, in the case, much background and laying the ground for what is charged to be a conspiracy to defame Virgie Arthur has been revealed and it’s not pretty.

The most disturbing facts presented in the public court documents today have been the stalking and harassment of a female investigator on the case, Wilma Vicedomine.

McCabe outlines evidence that Ms. Vicedomine USPS mail was stolen from her home. Her trash was ransacked and stolen. Her mail and trash were photographed by Lyndal Harrington and the photos were sent to Art Harris and Rose Turner.

In the court documents, some of the mail that was stolen from Ms. Vicedomine’s home included her phone bill. Bloggers who had been in contact with Ms. Vicedomine have found they have been the victims of harassing phone calls and wondered how their phone numbers were obtained. Now they possibly have an answer.

As a parent though, I am most distressed by the words of Rose Turner in a plan for Journalist Art Harris regarding the theft of Vicedomine’s trash.

Art Harris has been promised the exclusive on all of this to break slowly and we have always honored that with him. He is a news blog we are just a legalese discussion blog.

Later this week after things have been sorted we should know cigarette brands, food, computer used and printer, and her child’s Xmas wish list as well as who her daughter has a crush on, about everything that several garbage bags can yield.

Once that is sorted and all of it is listed will send that along as well.

Rose      (Exhibit E, page 3.)

I asked Wilma Vicedomine how this turn of events has affected her and the life of her child who Turner mercilessly targets.  She, of course knew about the thefts but not the invasive mission into the privacy of her young daughter until recently.

Back in April of 2008, Ms Vicedomine tearfully told me that things have been rough for her daughter but she did not go into detail until now.

Her daughter is a skate boarder who loves the outdoors but since taking on this case almost two years ago,  Ms. Vicedomine has had to keep her child indoors at all times to insure her safety.

Deviants whose mission is to ruin anyone opposed to Howard K. Stern, who go as far as to pry into the details of a child’s life have caused Ms Vicedomine to seek the help of local police who have had her home under surveillance since these incidents have come to light.

Being in the investigative business has taught Vicedomine not to ever put a phone bill in her trash thus the discovery that her mail has been stolen was reported to her local Post Master as well.

Another revelation from evidence that Rose Turner herself submitted was that L. Lin Wood and Krista Barth who are attorneys for Howard K. Stern knew about the theft of the trash.

Email from Art Harris to Lyndal Harrington that is included in the documents.

U are my sin-sniffing dream girl. Where have you been all my life? You remind me of me in my early reporting days, and what you have instinctively cannot be taught to j school students unless they’ve got a certain gene and heavy metal, or at least the right deodorizer to spray away the stench of evil. Maybe we got a new product: “Evil Does It: The Antidote”. Redacted…
Way to go! Lin and Krista have been told of your exploits, but not your name and promise secrecy. In the event this stuff comes into play in the upcoming depos….redacted……, would u be willing to give an affidavit as to how you came into possession of them? Redacted….

Well sir, we were on a neighborhood watch one night and were struck the the odor of something fishy..and grabbed the bag for further inspection, and indeed there was….etc….

Shower well. You deserve a spa day. TBT

Art Harris
Busy Street Productions.

—————-

More tomorrow!

Arthur_vs_Stern_et_al_Motion_for_contempt_Art_Harris.pdf

Arthur_vs_Stern_Motion_for_Contempt_Ex_ A-C.pdf

Arthur_vs_Stern_etal_Motion_for_Contempt_Exh_D-E.pdf

Arthur_vs_Stern_etal_Motion_for_Contempt_Exh_F-H.pdf