QV's Place » Neil McCabe

Houston Texas Attorney Neil McCabe Sues John Doe AKA Only swim in the Ocean – Libel and Defamation

QV — Sat, 04 Jun 2011 02:06:02 +0000

Who is “Only swim in the Ocean?”

Bloggers who have followed the Anna Nicole saga since her death in 2007 and discussed the various related lawsuits on websites ranging from Crime Library, Websleuths and Topix to TMZ.com will probably recognize the moniker as the person who posts glowing accolades about Howard K. Stern and Larry Birkhead while he oozes angry diatribe about those associated with Anna Nicole’s mother.

By all appearances “Swims” only blogs on TMZ.com, the large celebrity gossip website managed by Harvey Levin. “Swims” appears to feel very comfortable on TMZ.

Perhaps that is because many thought Levin was in bed, so to speak with Howard K. Stern and Larry Birkhead as they sought to control Anna Nicole’s body and assets even though it’s been said that Smith fled to the Bahamas to get away from Birkhead. Does anyone remember when Anna Nicole first died that Levin was critical about Stern on television but miraculously became a supporter of Stern, Birkhead and others?

Levin and TMZ, Stern and Birkhead were also sued by Mrs. Arthur for libel, but after the unexpected death of late Houston Texas attorney John O’Quinn, her benefactor, and the winding up of his affairs, the suit had to be concluded. Neil McCabe was the lead attorney for Mrs. Arthur.

The person known to most of us as “Swims” has been very daring and open in his/her hate filled postings slamming the grieving mother of Anna Nicole Smith. So daring, that this posters hatred had spread to Mrs. Arthur’s legal advisers with this “Swims” character over a long period of time openly accusing Mr. McCabe of theft, editing evidence, suborned perjury and bribery.

Neil C. McCabe PLAINTIFF

John Doe aka Swims DEFENDANT

Filed June 3rd, 2011

http://qvsplace.com/Neil_C_McCabe_vs_John_Doe_aka_Swims.pdf

*Mr. McCabe has founded The McCabe Law Firm which can be found at http://ncmlegal.com

True Crime With Aphrodite Jones Features The Death Of Anna Nicole Smith And Surprise Guest

QV — Fri, 08 Apr 2011 00:11:57 +0000

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…

Defense Rests – Familiar Story – Different Scenario – NCMLegal.com – Judge Refuses To Acquit Eversole – Defense Calls No Witnesses

QV — Fri, 25 Mar 2011 20:50:08 +0000

The Houston Chronicle is reporting that, when the government finished putting on its evidence, the lawyer for Harris County Commissioner Jerry Eversole asked U.S. District Judge David Hittner to acquit his client, but the judge refused. Eversole’s lawyer, Rusty Hardin, then rested without calling any witnesses, for the first time in Hardin’s career, according to reports.

Houston Texas – End Of An Era – Leigh Law Firm Welcomes Attorney Neil McCabe

QV — Sun, 02 Jan 2011 20:14:21 +0000

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.

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

Arthur vs Stern Harris County Texas Update June 26th 2010

QV — Sat, 26 Jun 2010 15:40:47 +0000

Nelda “Rose” Turner’s motion to designate Art Harris’s company Busy Street Productions as a responsible third party is set for submission without oral argument on June 28. Under current law, the trial judge must grant the motion, unless he finds the allegations in the motion to be insufficient. If he finds the allegations insufficient, he must give Turner an opportunity to amend the motion to cure any defect in the allegations. If the motion is granted, that will put Mrs. Arthur in a position to seek to add the company as a defendant.

Several matters are set for Aug. 6, 2010:

The issue of whether or not Howard K. Stern must go to Houston to be deposed.

Howard K. Stern’s special appearance to contest Texas jurisdiction.

Mrs. Arthur’s motion to compel Howard K. Stern to respond to her discovery requests.

Mrs. Arthur’s objection to Alternate Dispute Resolution.

TMZ/Harvey Levin’s summary judgment motion, which was submitted some time ago, still is pending.

The document below mentions the three appellate court cases pending and how they affect the trial court case.

Virgie Arthur filed a breach-of-contract lawsuit against Howard K. Stern for breaking an agreement that he would not urge his special appearance until after he was deposed. Stern was served with those papers a week ago. It is Case No. 201034873 in the 127th District Court. Stern has a motion pending to clarify or set aside that agreement and that will also be heard on Aug. 6th.

The current docket control order, which is attached as part of the objection to Alternate Dispute Resolution, lists deadlines and trial date. The trial court must rule on special appearances before the case goes to trial. The losing side on that issue has a right to an immediate appeal, which automatically keeps the trial from starting. Therefore, the trial should not be expected to begin on or about 9/27/10.

http://qvsplace.com/062510_Arthur_vs_Stern_etal_Arthur_Object_to_ADR.PDF

Check this out while you are at it.

http://nevadanewsandviews.com/2010/06/26/anna-nicole-smith-auction-in-vegas-a-big-rip-off/

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.

Arthur vs Stern etal CBS Motion For Summary Judgment

QV — Sat, 27 Feb 2010 00:28:50 +0000

Charles Babcock argued for CBS. Babcock was accompanied by Mary Lou Flynn-Dupart. Neil McCabe representing Virgie Arthur was accompanied by Carl Shaw and Lilly Cadena of the O’ Quinn Law Firm.

Judge Weiman signed CBS”s proposed order for protection and said that he had studied the summary judgment issues.

Weiman said he was ready to rule on the summary judgment motion, and as we all know, the Harris County website has the following posted, “2/26/2010 ORDER FOR INTERLOCUTORY SUMMARY JUDGMENT SIGNED 1 page.”

The Judge said that, if he denied the summary judgment motion, then the order of protection would not stay in effect. He also said that, even if he granted the summary judgment, CBS probably would have to submit to discovery that might pertain to other defendants.

Judge Weiman set a status conference for March 12 at 3:30, after conferring with McCabe and Babcock about an appropriate date. Of course CBS being involved in a status conference will depend upon the ruling that we are waiting to see.

Here is today’s order as we wait for the decision that has obviously made.

http://qvsplace.com/022610_Arthur_vs_Stern_etal_CBS_Protective_Order.pdf

UPDATE: It appears that CBS was granted their motion for summary judgment and the order was back dated to the date of submission which was November. The document is not available yet.

UPDATE II: Possibly the district court’s notation of “interlocutory” is not wrong after all. CBS filed a motion for “final” summary judgment, which the court appears to have granted, as reflected on the court’s site, dated Nov.16, 2009. The district clerk’s site shows interlocutory order, which is correct as to the case as a whole, because a summary judgment is not “final” in the true or ultimate sense of the term unless all parties and all issues have been done with. The order may be final as to CBS but it is interlocutory as to the case as a whole.

UPDATE III Order granting summary judgment to CBS Studios.

http://qvsplace.com/Arthur_vs_Stern_etal_Order_Granting_CBS_SJ.pdf

Anna Nicoles Mom – Virgie Arthur On Geraldo

QV — Sun, 01 Nov 2009 03:34:08 +0000

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.