There are a few more tidbits to share about the unethical Judge Robert Perry who presided over the trial of Howard K. Stern, Khristine Eroshevich and Sandeep Kapoor that took place last summer. It was the trial that was supposed to shed some light and hold those responsible who illegally obtained drugs for Anna Nicole Smith. Those same drugs ultimately led to her death.

Judge Perry conducted himself as if there should be celebrity exceptions to the law. In his court room, if you are a celebrity, you can break laws that us common folk would be incarcerated for. This is even if what you do is instrumental in killing someone.

Think of the following scenario as compared to the trial and charges against the defendants;

There are four people in a car. Two people decide to commit an armed robbery. The other two supplied the gun and want to stay in the car and watch. The cops come and arrest the robbers. Not only do they arrest the ones who actually committed the robbery, they also arrest and charge the two who sat in the car and made the gun available to commit the robbery. They are arraigned and go to trial. All four are sent to prison even though no one died because of their actions. That is how the law is supposed to and does work if there is no interference. Those two who sat in the car could have chosen not to supply the gun and they could have gotten out of the car as soon as they saw a robbery was being planned. However they did not so all four serve prison time for robbery and being  accomplices to robbery.

Now take the same scenario and make the two in the back seat into celebrities (or leeches of celebrities or call themselves a celebrity doctor) who stayed in the car. In Judge Robert Perry’s court, those two walk free, just because they are “celebrities.” Instead of  holding an ethical trial as was done in the first scenario, the judge does his very best to befriend the defendants, admonish the prosecution plus go to extreme lengths to throw out all of their evidence and do a 180′ from the preliminary hearing.

As I watch a bit of the Michael Jackson trial, I see a normal trial as it should be in Los Angeles California. When the judge calls for recess, he leaves the courtroom and goes to his chambers like an ethical judge is supposed to. He does not scooche his chair over to schmooze with the defendants at their table.  Mainstream media does not seem to be frightened off by a Lin Wood/Steven Sadow type lawyer as they were in the Anna Nicole Smith criminal trial. It does not appear that Michael Jackson’s mother is barred from going into the court room until the exact time that court is to reconvene. It does not appear that the judge is excessively throwing out the prosecutions evidence.  And I bet we will also see that the jury will be respected and their verdicts will not be overruled by a biased Judge.

“Court Room Observer”, from the previous article about the trial said they had never seen a trial where the jury was told to leave the court room so many times as the Anna Nicole Smith trial jurors were. They even overheard a producer of a very prominent hit television show whose job it is to cover many high profile cases say THE SAME THING! Yet that jury was still able to convict two of the defendants on the tiny bit of evidence that they actually heard! Anyone can imagine what would have happened if the jurors were permitted to stay in the room and hear even half of what Judge Perry barred. They also recount one instance where Judge Perry sent the jury out of the room and they were kept out for the better part of an hour while Perry attacked and scolded the district attorneys. Sadow was also permitted to scream at and scold the prosecution team. It was just too outrageous.

There was someone else who attended the trial who left a comment on the first article recently and has given me permission to publish it on this post.  Unfortunately, I missed this important email sent at the end of August 2010. I want to thank them for coming to the back to the blog and sharing this with us.

I attended the trial for a few days as well. (I emailed QV when it was fresh in my memory but she never replied). Mrs. Arthur was not present (at that time) but I did notice quite a bit of what I felt was bias on the part of the judge. He seemed bedazzled by the defense attorneys, especially Kapoor’s and Sterns. Not only was he downright rude to the prosecutors and all smiles to the defense, but I felt his rulings were all for the defense . He ripped into the male prosecutor (outside of the jury’s presence) and told him he was taking too much time and he wanted to know where his questioning was going. He also told him that he felt he had a weak case. This was in reference to the testimony of Dr Gagne, I felt the questioning was very pertinent.
Dr Erosovich was very chummy with Linda Deutsh, as was Dr. Kapoor’s lawyer. Erosovich was showing her photos on her cell phone of her mother which Linda promptly ooohed and ahhhed over.. I’ve never been to a trial where the media is interacting with the defendant like this, and I’ve been to many. In my opinion, Judge Perry should not be presiding over a courtroom.

If the Anna Nicole Smith trial would have been televised as the Michael Jackson – Dr. Murray trial is, the public would have been outraged. However Perry most certainly knows what he did is unethical and apparently does not care. It was his decision not to allow the public to see what they should have seen. Most likely he would not have conducted himself in the manner that he did and the jury’s verdict would have been different and allowed to stand.

What is a lawyer to do? Especially one such as Howard K. Stern who has promised other lawyers that he is due a big windfall and everyone will be paid for their services. I would hate to see how much Stern owes Lin Wood alone…

Larry Birkhead may actually have to get a job or continue to rely on his daughter’s celebrity for income but I think the press is getting wise to him. At least Star Magazine is….

Check this out:Although the parental unit had a firm grip on her, “Top Celebrities in the News” on the sidebar, featured only the real star as you see above.

Haha! Smack down!

In the article, Birkhead laments about how Dannielynn has no mother and wonders why all the other kids have one and she doesn’t. Well  birdbrain, she has a grandma who would love to see her and be with her and tell her stories about her mommy when she was a little girl and about her brother Daniel. So, no Marshall millions for dad to squander and none for his shoeless lawyer pimp either.

Of course the case can be appealed to the Supreme Court but I predict the Supreme Court will refuse to hear it. I hope the Marshall’s will soon find some peace from these leeches who want to just take and take and will manipulate the law to do so.

Example is like when Stern was admonished for stealing a document off the counsel table in Texas probate court during Marshall vs Marshall when Anna Nicole Smith was alive. Stern then did a bit of forum shopping deciding to file bankruptcy in California in order to circumvent the probate court in Texas. The probate court said that Anna Nicole received 7 million dollars in cash and gifts and that was all she was going to get.  Look at all the hundreds of hours different attorneys in different areas of this mess have lost believing they would be reimbursed for their work. What a shame! Tisk tisk!

Thanks to SheStone for the link to the 9th Circuit Court decision

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

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

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

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

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

So here is the time line

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

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

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

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

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

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

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.

Arthur_vs_Stern_etal_Arthur_Response_Sterns_Motion_to_Cancel_050709.pdf

Judge Lindsay held a telephone conference today as a result of the emergency hearing filed by Howard K. Stern’s counsel Lin Wood.

Judge Lindsay will not hear the motion for sanctions. She said since it involves the recusal which was denied, the issue should be brought before Judge Underwood.

Tomorrow Judge Lindsay said she will hear the motion of Art Harris to “clarify” the order to turn over his computer. Also she will decide whether and when to hear the motions for contempt on Bonnie Stern, Art Harris, and Lyndal Harrington.

Judge Lindsay will also hear the motions to compel Howard K. Stern and Teresa Stephens and Nelda Turner to turn over their computers.

The Judge said she will not hear Teresa’s motions (injunction, whatever), because it has not been properly served to the required parties.

One more note;

Bonnie Stern’s motion for reconsideration has been DENIED by the California bankruptcy judge and this was done before McCabe could file any opposition.

And a reminder;

The motion to compel Bonnie Stern was granted in January.

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

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.

In Los Angeles, Howard K. Stern vs Mark Speer, the judge heard the arguments for and against dismissal of the defamation case and said to expect a ruling by next Wednesday.

****

I am told  that in Houston Texas today, Judge Tony Lindsay of the 280th Harris County District Court rescheduled special appearances previously scheduled as requested by attorneys for Virgie Arthur and Art Harris.

Howard K. Stern attorney Lin Wood urged her to hear them, but the judge decided to reschedule and to include Larry Birkhead’s special appearance on the same date.  She decided that she would allow Birkhead to be added as a defendant, subject to his special appearance.

Defendant Lyndal Harrington appeared in the audience at the hearing after it was well underway and was pointed out and  introduced to the judge by Arthur’s attorney Neil McCabe. Judge Lindsay said, “Oh you’re Lyndal”, and read McCabe’s motion for contempt against Harrington while Lyndal sat there. The Judge then ordered Harrington to show up on Thursday for a decision about whether she will be put in jail for not turning over her computer to the special master.

Here is the hearing schedule set today in that court.

3/24/09
8:00 a.m
Plaintiff’s Motion to Compel Howard K. Stern.
Plaintiff’s Motion to Compel Teresa Stephens.
Defendant Harris’ Motion for Clarification
Court’s Consideration of Setting Show Cause Hearing
on Motion for Contempt against Harris.

3/26/09
8:00 a.m.
Show Cause Hearing on Motion for Contempt against Harrington.

5/22/09
1:00 p.m
Special Appearances of Howard K. Stern, Art Harris, and
Larry Birkhead and, possibly, Bonnie Stern.

****
And finally, Virgie Arthur’s attorney Neil McCabe was granted
Pro Hac Vice to appear in Bonnie Stern’s bankruptcy litigation.

Bonnie_Stern_bankruptcy_McCabe_special_appearance_granted.pdf

Arthur_vs_Stern_etal_Houston_Court_Schedule.pdf

Tomorrow, March 20th 2009, there are a few things happening in the ongoing lawsuits that Howard K. Stern is involved in.

In Los Angeles, where I can not get documents from by the way, there is a hearing in Howard K. Stern vs Mark Speer. Speer was a body guard who helped  Larry Birkhead, father of Anna Nicole Smith’s daughter Dannielynn, with security. Stern is accusing Speer of libeling him by statements that appeared in Rita Cosby’s book Blond Ambition. Stern is suing Cosby for the book as well.

Attorneys for Stern filed the lawsuit against Speer and Jackie Hatten who was a friend of Anna Nicole Smith’s, the night before Speer was to give a deposition in  Stern vs Rita Cosby.

I believe the hearing tomorrow concerns Speer asking for the case to be dismissed under Anti-Slapp laws.

Speer is employed by a private military and protective security company Jax Desmond Worldwide. They released a statement after Howard K. Stern was arrested for felony drug charges related to the death of Anna Nicole Smith. Jax Desmond is offering physical protection at “cost” to anyone associated to cases involving Stern. Services will be decided on a case by case basis.

***

Also tomorrow, in Houston Texas, the State lawsuit of Arthur vs Stern et al has a hearing scheduled. Although Neil McCabe, attorney for Virgie Arthur filed a motion to cancel the hearing due to a bankruptcy filing by one of the defendants and attorneys for another defendant, Art Harris filed a motion for continuance, neither motion was addressed by the court. According to a clerk in the 280th district court in Harris County, the hearing will go forward.

Another defendant, Bonnie Stern the one who filed bankruptcy is not required to appear because of that filing but attorneys for Howard K. Stern and Harris are expected to be present.

McCabe says the issue tomorrow will be “personal jurisdiction in Texas over non-resident defendants who have filed special appearances to contest jurisdiction”. He said that even though Stern lost a jurisdictional battle in a now dismissed related Texas Federal case, that ruling will not control in the present case, which involve different allegations.

***

If anyone missed the interview on Scared Monkeys Radio last night about the arrests of Howard K. Stern and Doctors Kapoor and Eroshevich, the website, scaredmonkeys.com archives their shows and you can listen to it by clicking on “play now” on this link.

The thing that struck me about that interview which featured Pathologist Dr Cyril Wecht, Author Dawna Kaufman and Former FBI Special Agent Don Clark, was Dr. Wecht’s demeanor which was  remarkably similarity to Dr Perpers on last Saturdays Geraldo show.

Both men are coroners/pathologists. Both men are accused in the court of public opinion of botching autopsy’s. Perper on Anna Nicole Smith because he relied on someone for important information who had a personal interest in the finding of “accidental death”. That person, Dr. Khristine Eroshevich has now been indicted for felony drug charges related to Anna Nicole’s death.

Wecht who did Daniel Smith’s autopsy and charged over $40,000 for it repeatedly gushes in the press that Daniel (a non abuser) died from a lethal “cocktail” of drugs. In fact, Daniel died from a suspicious massive overdose of methadone which was not prescribed to him. To date, no one has been able to adequately explain how or where Daniel could have came upon this drug.

Both Wecht and Perper have reputations at stake here (ah hem..where have we heard that before). Wecht who had been previously indicted on almost 100 felony counts of public corruption charges, later reduced to 14 emitted an eerie high pitched screaming sound just like Perper did on Geraldo as he defended his autopsy findings, defended Stern and also bashed and trashed Anna Nicoles mother Virgie Arthur. Amazing, since Wecht as a so called professional,  has no personal knowledge of Mrs. Arthur and admitting his information came from “what he has read”. With all the trouble he is in, that is one person who has a lot of nerve mouthing off…

Neil McCabe talked to the founder and leader of “The Guardian Angels” on ABC radio on March 13th about arrest of Howard K. Stern, Dr. Eroshevich, and Dr. Kapoor. You can now hear the interview on WABC’s website.

Go to this link and move the slider to about the 28 to 29 minute mark for McCabes interview.

Also tonight, don’t miss Don Clark, Dawna Kaufman and Dr Cyril Wecht on Scared Monkeys Radio at 9:00 PM EST!

In related news, Southern District Houston Texas Court Judge Rosenthal singed an order modifying a protective order to allow Art Harris with Larry Dale Hart to be used in the Houston State case.

Arthur_vs_Stern_CBS_Order_modify_protective_agreement_119.pdf