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

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

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

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

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

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

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

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

Bain enticing his viewers with tidbits about upcoming UNCENSORED NANNY VIDEOS

Bain now announces CENSORED VERSIONS

Bain sarcastically pounding home the Shane Gibson rumor.

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

Lie

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

Truth

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

Conclusion

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

Lie

Anna and Shane were locked up in the room everyday.

Truth

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

Conclusion

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

Lie

Shane slipped in through Anna’s back entrance.

Truth

Shane went in through the front.

Conclusion

At least we know he’s not gay!!!

Lie

The nannies said Shane came in and explorer

Truth

The nannies said he came in a black car.

Conclusion

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

Lie

Nannies said Shane and Anna had a flagrant sexual relationship.

Truth

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

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

Conclusion

Shane and Anna had a flagrant relationship.

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

Whoa! Bains proclamation that Howard and Larry were lovers.

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

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

Pictured  below is cross dresser Howard!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

***

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

Stern files $60 million suit over Anna Nicole bio

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

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

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

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

Arthur_vs_Stern_etal_Art_Harris_Writ_of_Mandamus_90409.pdf

Arthur_vs_Stern_etal_Art_Harris_requests_stay_90409.pdf

The Honorable Judge Denny Chin of New York’s Southern District Federal Court rendered his decision yesterday in the case of Howard K. Stern vs Rita Cosby and Hachette Books, on Cosby and Hachette’s motions for Summary Judgment.

Hachette Books won their motion and are dismissed from the case. Judge Chin found that a book publisher has no obligation to investigate a book author’s sources.

Cosby’s motion was granted in part and denied in part.

The dismissal of Hachette naturally has the affect of reducing any award that Stern may reap if this case, barring settlement goes to trial if by chance he would win any of the remaining counts he cites as defamatory.

Stern said Cosby attributed the following to him in his original complaint about her book.

1. Criminal Lewd Act and Homosexuality

2. Videotaped Homosexual Act

3. Illegal Cocaine Use

4. Filing a false police report

5. Conspiracy to Commit Murder

6. Perjury

7. Pimping

8. Fraudulent Inducement for Prostitution

9. Obstruction of Justice and Destruction of Evidence

10. Theft Money Laundering and Wire Fraud

11. Fraudulent and Perjurious Statements Regarding Dannielynn’s Paternity

12. Kidnapping for Ransom

13. Extortion or Blackmail of Larry Birkhead

14. Drugging Anna Nicole

15. Criminal Involvement in the Death of Anna Nicole Smith As Evidenced by Financial Motive

16. Criminal Involvement in the Death of Anna Nicole Smith As Evidenced by Financial Motive (this is listed twice in the original complaint)

17. Criminal Involvement in the Death of Anna Nicole Smith As Evidenced by the Fax of Ms. Smith’s Will (Five Days Before Her Death).

18. Criminal Involvement in the Death of Daniel Smith

19. Criminal Involvement in the Death of Anna Nicole Smith

Judge Chin makes note that as the non-moving party, the court construes all facts in a light most favorable to Stern.

Cosby’s motion for summary judgment was granted as to Statements 3, 4, 5, 6, 9, 10, 12 and 14. Summary Judgment was denied as to Statements 1, 2, 7, 8, 11, 13, 15, 16, 17, 18 and 19. The later are the issues that will be before a jury if this case goes to trial.

Thinking of how close any of us who follow the Anna Nicole cases could have came to having a copy of one “smoking gun”, which became counts One and Two is regretful. Mine personally is that I did not save the video displayed on former Bahamian resident Lincoln Bain aka Mr. Controversy’s site. Nor had anyone else who I asked.

The video was replaced with a disclaimer that it had been edited. Although Bain assured his readers the full and unedited interviews with Anna Nicole’s nannies, Quethlie Alexis and Nadine Alexie would be placed back on his website, it never happened.

Lincoln Bain, who previously voiced his opinion that Howard K. Stern is homosexual ended up becoming a spokesman for the two women and was instrumental in foiling any attempts that Rita Cosby made to get sworn affidavits from them. Bain then mysteriously became a “so called” reporter for journalist Art Harris. Harris has written on his blog that Howard K. Stern shared his innermost secrets with him, leaving inquiring minds to wonder what happened to cause Bain’s change of heart regarding his criticism of Howard K. Stern.

I can say that because I was fortunate enough to speak to a couple of different sources who attended the inquest into the death of Daniel Smith. Bain’s reporting on Harris’s site about the inquest greatly differed from what I was told. Read the series here, here and here and here and here and here.

Shortly after the conclusion of the inquest and 15 minutes of fame on Fox News where Bain did a 180* about the two nannies from his original reporting,  Bain closed his website down and has claimed to have left the Bahamas to move to the UK. The two nannies also disappeared and have not been heard from.

Judge Chin’s 58 page opinion says that a jury should hear what encompasses the questions of whether Cosby was reckless and acted with malice in publishing certain portions of the book or was wrong to rely on certain sources who told her that:

• Stern and Larry Birkhead are homosexual and Anna Nicole frequently watched a video of Stern and Birkhead engaging in gay sex.
• Stern acted as a pimp and collected money from numerous men in exchange for sex with Anna Nicole.
• Stern lied about being the father of Dannielynn.
• Stern is responsible for the deaths of Anna Nicole and her son Daniel Wayne Smith.
• Stern embezzled money from Anna Nicole and sent it to offshore bank accounts.
• Stern had Anna Nicole’s will faxed to him five days before her death..

Judge Chin dismissed the following counts and said that Cosby was not reckless or acting with malice and a jury will not hear when she wrote:

• Stern and Anna Nicole were users of cocaine.
• …in regard to the conviction of Mark Hatten for assault and stalking Anna Nicole. Also that Stern tried to get Hatten to murder Pierce Marshall who was fighting a multiple year battle over her late wealthy husbands millions.
• That Stern perjured himself on the stand in the February 2007 Florida burial hearing when he falsely denied being paid for an interview by Entertainment Tonight.
• Stern destroyed evidence by flushing pills down the toilet he reportedly found in Daniel Smith’s pocket after he mysteriously died.
• Stern offered Birkhead custody of Dannielynn and other enticements in return for Birkhead leaving him as executor of Anna Nicole’s estate.
• That Daniel Smith told “someone” Stern kept feeding his mother drugs and that he controlled Anna Nicole like a “Svengali”.

While Stern is busy defending himself in Los Angles Superior court along with two of Anna Nicole Smith’s doctors, Sandeep Kapoor and Khristine Eroshevich, for felony drug charges in connection with the drug overdose death of Anna Nicole Smith, he will also continue to litigate this case with the next hearing being a pre-trial conference in Chin’s court on September 11th at 12:00 pm.

John O’Quinn requested a protective order today in defense of Howard K. Stern’s defamation lawsuit against him and The O’Quinn Law Firm in the Southern District of Florida Federal Court.

Counsel for Stern demanded practically everything but the kitchen sink in a financial discovery request. The list is long and includes requests for Federal and State tax returns dating back three years, financial records, property records, appraisals, deeds, mortgages, any personal property including cars, jewelry, boats etc.. whether it is still owned by Mr. O’Quinn or not and if so what it sold for. They also ask for any communications that may have occurred between the “Firm” and the IRS.

Customarily when there may be punitive damages involved in a civil suit, only current net worth should have to be produced according to a 2005 Florida Federal Court Decision. Another case in this memorandum is cited where O’Quinn believes that any financial disclosure should not have to be produced until 30 days before trial.

Stern’s attorney, Lin Wood disagrees saying there is no 30 day rule. He states there is approximately 90 days until trial and due to “lengths to which we have gone to get responses to substantive discovery”, he feels his requests are appropriate.

O’Quinn also asks that Howard K. Stern not be permitted to view any of the financial disclosure records whatever they may be. He cites two past actions attributed to Stern in other court cases in which he was in breach of confidentiality orders.

The first of those is substantiated by an affidavit from “Estate of J. Howard Marshall” attorney Rusty Hardin.

In 2001, Anna Nicole Smith brought an action in Texas probate court against the Estate of her late husband J. Howard Marshall and his son Pierce Marshall. Stern was not an admitted attorney to the case but sat at the counsel table. He is said to have taken a financial statement that was ruled protected and confidential and faxed it to a California bankruptcy court. Stern admitted taking the financial records but said he did not know it was “confidential”. He was repremanded by the judge in the case and told to sit with the rest of the audience for the remainder of the trial.

Mr Hardin also says that he read Stern’s deposition in Virgie Arthur’s (Anna Nicole Smith’s mother) defamation lawsuit against Stern in Houston Texas. In this deposition, Stern says he did not take the confidential document “off the…that table” even though in the transcript of the Texas Probate Judge reprimanding Stern, Stern says “I think I just got it from the [counsel's] table”. Hardin disagrees with that and attaches court testimony from that trial.

The second issue is of a confidentiality breach in the case of Howard K. Stern vs Rita Cosby in a New York Federal Court. The Judge in the case, Denny Chin had already issued a protective order concerning Ms. Cosby’s deposition. However, parts of the deposition ended up on artharris.com with Journalist Art Harris being a friend and supporter of Stern. Judge Chin then “chided” Sten’s attorney Lin Wood for the breaching of his order.

O’Quinn also asked for extra time to produce the records if ruled they must be released sooner rather than later because his accountants offices have been closed due to hurricane damage. Wood has disagreed with this request as well.

092508_Stern_vs_OQuinn_192.pdf
092508_Stern_vs_OQuinn_192-5.pdf
092508_Stern_vs_OQuinn_192-6.pdf
092508_Stern_vs_OQuinn_192-7.pdf
092508_Stern_vs_OQuinn_192-8.pdf
092508_Stern_vs_OQuinn_192-9.pdf

Judge Chin to Lin Wood

Stern_V_Cosby_protective_order_LinWood_slap.pdf

Stern_V_Cosby_protective_order_LinWood_slap1.pdf

Here are the documents:

Judge_Chin_Request_International_Assistance.pdf

Judge_Chin_Request_International_Assistance2.pdf

Judge_Chin_Request_International_Assistance3.pdf

In a Memorandum and Order drafted by Judge D.J. Chin, the presiding judge over Howard K. Stern vs Rita Cosby and Hatchette Book Group, Judge Chin admonishes Howard K Stern attorney Lin Wood for “leaking” the Rita Cosby deposition to artharris.com.

Howard K Stern was granted a deposition with Rita Cosby concerning his defamation lawsuit against her for the publication, Blonde Ambition. Rita through her attorneys filed an “instant application” that her deposition be sealed. Attorney McNamara cited her reasoning due to the “circus-like atmosphere in this case consistent with other cases that Mr. Wood has brought”.. That request was being considered by Judge Chin.
In the meantime, Attorney Wood agreed to not release “the written stenographic transcript of the deposition until Judge Chin rules on Defendant’s motion, if filed”.

Lin Wood had filed an emergency discovery motion in Texas, “in connection with a deposition of a witness to show that she had provided Ms. Cosby with information. The pages that were filed related directly to that witness only”. With his motion, he attached the 17 page rough draft of the Rita Cosby deposition.

Woods substantiation for giving the 17 page rough draft of the deposition to Harris was that he filed it in the Texas case.

Judge Chin writes, “In view of all the circumstances, and in light of the representations made to the Court, I am troubled by Mr. Wood’s providing of the deposition excerpts to Harris — even assuming the excerpts were a matter of public record. Mr. Wood’s assertion that he did not “leak” the documents to Harris is debatable, and at a minimum he is parsing his words too finely. Even if he did not “leak” the documents, he released them to Harris. Even if the documents were a matter of public record, they were part of a 245 page document filed in Texas in connection with an emergency discovery motion, for a lawsuit in Florida to which Cosby is not a party, and it is highly unlikely that Harris would have known of their existence or availability absent some communication with Mr. Wood or his office”.

Judge Chin writes of additional instances that Wood agreed not to release the deposition even though he already had done so.

Judge Chin’s admonishment is here for you to read in full. The Judge issued the requested protective order adding that the deposition may not even be filed in any court without express permission.

Stern_V_Cosby_protective_order_granted.pdf
Stern_V_Cosby_protective_order_LinWood_slap.pdf
Stern_V_Cosby_protective_order_LinWood_slap1.pdf