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

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

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

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

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

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

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

(Who censored this article and why?)

Jurors In Smith Case Must Reveal Medical Histories

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“Who cares?” said the judge.

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

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

“We’re going to get them,” Rose said.

“I hope not,” said the judge.

*******

Jurors In Smith Case Must Reveal Prescription Use

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

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

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

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

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

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

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

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.

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

* Wiki Lindsay Lohan

**New York Daily News

***USMagazine

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

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.

042810_Arthur_vs_Stern_etal_Arthur_Response_to_TMZ_Levin_Motion_for_SJ.pdf
042810_Arthur_vs_Stern_etal_Affidavit_of_Virgie_Arthur_Exhibit_A.pdf
042810_Arthur_vs_Stern_etal_Comments_to_VA_Article_Exhibit_B.pdf
042810_Arthur_vs_Stern_etal_TMZ_Response_to_Interrogs_Exhibit_C.pdf
042810_Arthur_vs_Stern_etal_Urban_Dictionary_Exhibit_D.pdf
042810_Arthur_vs_Stern_etal_Urban_Dictionary_Exhibit_E.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_F.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_G.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_H.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_I.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_J.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_K.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_L.pdf
042810_Arthur_vs_Stern_etal_Repeat_of_TMZ_Article_Exhibit_M.pdf
042810_Arthur_vs_Stern_etal_4th_Amended_Petition_Exhibit_N.pdf
042810_Arthur_vs_Stern_etal_Deputy_Thomas_Statement_Exhibit_O.pdf
042810_Arthur_vs_Stern_etal_Sheriff_Silvio_Statement_Exhibit_P.pdf
042810_Arthur_vs_Stern_etal_Texas_Marriage_Law_Exhibit_Q.pdf
042810_Arthur_vs_Stern_etal_Baker_Depo_Exhibit_R.pdf
042810_Arthur_vs_Stern_etal_Turner_Affidavit_Exhibit_S.pdf
042810_Arthur_vs_Stern_etal_Nelda_Turner_Depo_Exhibit_T.pdf
042810_Arthur_vs_Stern_etal_Exhibit_U.pdf
042810_Arthur_vs_Stern_etal_Exhibit_V.pdf
042810_Arthur_vs_Stern_etal_McCabe_declaration.pdf
042810_Arthur_vs_Stern_etal_proposed_order.pdf

A search engine optimization site seomoz.org says no.

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

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

Dover’s Timeline

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

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

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

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

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

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

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

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

Dishonesty in journalism lives on…

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

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

1) Plaintiffs motion to cancel deposition of Neil McCabe

040109_Arthur_vs_Stern_etal_Motion_cancel_McCabe_depo.pdf

2) Plaintiffs motion to cancel deposition of Nelda Turner

040109_Arthur_vs_Stern_etal_Motion_cancel_Turner_depo.pdf

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

040109_Arthur_vs_Stern_etal_Plaintiffs_supplement_opposition_to_recusal.pdf

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

040109_Arthur_vs_Stern_etal_Plantiffs_response_Turners_quash_motion.pdf

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

040109_Arthur_vs_Stern_etal_Stephens_letter_recusal.pdf

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

Stern_vs_OQuinn_040209_267.pdf

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

Exhibit A

Exhibit B 156 pages of emails

Exhibit C

Exhibit D

Exhibit E

Exhibit F

Exhibit G

Exhibit H

*******

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

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

Arthur_vs_Stern_etal_Houston_Motion_to_recuse.pdf

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

Arthur_vs_Stern_etal_Plantiff_Statement_Opposing_Recuse_Motion.pdf

Arthur_vs_Stern_etal_Exhibits_G-N_Opposition_to_Recusal.pdf

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

UPDATE 04/04/09

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

Arthur_vs_Stern_etal_Arthur_Sup_Response_Turner_Motion_to_Quash.pdf

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

The second anniversary of the death of Anna Nicole Smith is upon us. She died two years ago today on February 8^th, 2007. I was a fan of her reality show and watched her personal appearances. I saw radio shock jock Howard Stern berate her for weight gain and I celebrated with her when she debuted slim and triumphant as the spokeswoman for Trimspa. She then ended up having the second child she always wanted only to have her beloved son Daniel die three short days after the birth of baby girl Dannielynn Hope. Five months later Anna Nicole Smith was also gone.

That’s why I started this website. It was called “A Mothers Last Wishes”. I already told the story of this blog and the blog war that ensued in this series of articles. A year has passed but what I said then is what I would say now if I were to write that part all over again.

The deaths of Anna Nicole and her son Daniel have spawned not one but several civil legal actions. First there was an inquest into Daniels death. Many were thinking that criminal charges could have been pressed in the Bahamas against Anna’s attorney and friend Howard K. Stern for Daniels death. The jury, who were instructed to come back with a specific verdict in that country known for corruption found Daniels cause of death to be non-dependent drug use.

Stern has been a busy man though. He has sued TV journalist and book author Rita Cosby for her book, Blonde Ambition. Ms. Cosby’s book outlined the suspicious circumstances of Anna Nicole and Daniels deaths. That suit is still ongoing in the United States Southern District Court of New York .

Stern sued Houston Texas billionaire attorney John O’Quinn. O’Quinn represented Anna’s mother Virgie Arthur in Florida Broward County Court as she fought for the right to take her daughters remains back home to Texas. But Daniel was buried in the Bahamas. Early reports from the funeral home handling arrangements indicated that Daniel’s body was being prepared for shipment back to the United States. It’s rumored that Anna Nicole was told she could not afford to do this. This was even after photos were sold for several hundred thousand dollars of Daniels last hours with his mother and sister. Anna’s remains went back to the Bahamas with Daniels and there they rest alone. Stern’s defamation lawsuit against O’Quinn he says, arose from statements that O’Quinn made to the press during and after those hearings.

Stern vs O’Quinn has settled. There was no statement from either party but speculation continues because there was a continuance granted to the defense on the date set for settlement talks. To the surprise of followers of the case, settlement talks proceeded anyway.

Stern as executor of Anna Nicole’s estate sued G. Ben Thompson and Ford Shelley who were former friends of Anna Nicole. They sold her a house in the Bahamas which they were never paid for. When Anna Nicole died, Ford Shelley entered the home and took things belonging to Anna Nicole. Shelley said she told him to do that in case anything ever happened to her. Which it did. What has been revealed has sparked worldwide controversy as to how much responsibility Stern should share regarding the deaths of Anna Nicole and Daniel.

Via Ford Shelley and Geraldo, Americans were treated to the infamous “Clown Video” where Anna Nicole is eight months pregnant and apparently under the influence… Just about every instance of that video has been removed from the internet even though Stern says the video was supposedly a joke that Anna Nicole planned to publish on her website. From a still publicly unknown source, pictures circulated the internet of Anna Nicole purple, hysterical, weeping and devastated while she held her dead 20 year old son Daniel in her arms in the Bahamian hospital where she just gave birth to her beautiful daughter.

In the meantime, Anna Nicole’s mother, Virgie Arthur, sued Howard K. Stern, CBS Studios and KRPC Houston for the Entertainment Tonight segment that will forever be called “The Mommy Dearest” video. It’s actually what brought me to this story. The sight of Anna Nicole weeping and seething in anger at her mother, whom I had never read or seen anything about was heartbreaking. It was that show which prompted me to start this blog. Only to later find out that Anna Nicole was deeply impaired during the taping of the show. According to those close to her (including baby daddy Larry Birkhead),  she was being kept drugged and out of it and told things that were just not true. Although Birkhead has changed his tune these days and is said to be a very close friend to Stern.

Mrs. Arthur’s lawsuit started in Texas State Court and was then removed to Federal District Court . Neil McCabe, Arthur’s lead attorney petitioned the court to add other parties to the case. The court denied the request but declared any case against the proposed added defendants “cognizant”.

That brings us to Virgie Arthur’s Houston Texas case for defamation. Mrs. Arthur through the O’Quinn Law Firm is suing Howard K. Stern and his sister Bonnie Stern. TMZ.com, Harvey Levin, its managing editor, Art Harris who is a special correspondent for CNN and other programs and networks, one blog owner, Nelda (Rose) Turner and two of her moderators who are Teresa Stephens and Lyndal Harrington.

Defendant Rose Turner of rosespeaks.com has an “entertainment blog”. She says she likes to cover various high profile legal cases. Rose wrote almost exclusively about the Anna Nicole Smith debacle until she was served with the current defamation suit. Now she covers other issues as well.

After attorney William Ogden who was representing four of the defendants in that case decided that he could not afford to continue defending at least two pro bono defendants, Rose and Lyndal Harrington, (per Turner) he resigned from the case also leaving those two and  two other clients, Bonnie Stern and Art Harris without representation.

Rose, finding herself without an attorney was faced with having to either cooperate with Neil McCabe’s requests for discovery or the judge in the case, The Honorable Tony Lindsay was going to issue an order compelling Turner to surrender her computer to forensic expert Craig Ball who has been appointed for this case. Turner decided to cooperate with McCabe rather than turn over her computer. The other defendants have been ordered to turn their computers and emails over to the forensic expert due to possible spoliation meaning possible destruction of evidence.

Turner had in her possession an email from Bonnie Stern that was enough for attorney Neil McCabe to bring one more party into this lawsuit which not only charges defamation but conspiracy to defame Mrs. Virgie Arthur. That party is the father of Anna Nicole’s baby daughter Dannielynn. In the court documents, McCabe charges it was Larry Birkhead who gave a mean spirited story TMZ published that implied that Mrs. Arthur married her step-brother with Howard K. Stern “sourcing” that story. In reality, Mrs. Arthur did not marry nor have a child with her step-brother. Their respective parents married later on. Millions of readers saw that story and voted on a poll all designed to humiliate Mrs Arthur.

And then another twist to the story. Defendant Nelda Turner last week, filed a motion to bring CBS into the State case. The Federal case against Stern and CBS had been dropped with costs being attributed to each party. Onlookers suspected a defamation case against CBS was not over but no one ever thought it would be Turner who brought them back in by way of the existing state case. Turner then announced that one of the defendants, Bonnie Stern has filed for bankruptcy. Research shows that this action will stay the Texas State case however there are legal remedies that I am assuming will be discussed in future hearings that may allow the case to continue while Bonnie Stern follows through with her bankruptcy petition.

The suit against Cosby continues. On the eve before former Los Angeles police officer and former body guard of Larry Birkhead, Mark Spear was to give a deposition in the Cosby case, Howard K. Stern filed a lawsuit against Spear and Jackie Hatten who was a personal friend of Anna Nicole’s. Stern claims both parties libeled him and caused false information to be published in Crosby ’s Blonde Ambition.

Sterns suit against Thompson and Shelley continues as does Anna Nicole’s lawsuit against the estate of J. Howard Marshall which she took all the way to the Supreme Court of the United States and prevailed in allowing it to be heard. Anna Nicole’s surviving child Dannielynn would be the beneficiary of anything won in that action but also big legal fees would go to Howard K. Stern.

Larry Birkhead with daughter Dannielynn appeared as a surprise guest on Larry King Live the other night which was featuring “the crying judge” from the Anna Nicole burial hearing, Larry Seidlin. Birkhead and Stern are spotlighted in a television special that is airing  on “E!” television called, “Anna Nicole, Tragedy in Paradise”.

Birkhead said he and Dannielynn are set to star in their own television reality show on the same network which just happend to be the network which created Anna Nicoles reality show back in 2002. It appears on all fronts that Birkhead is the new Anna Nicole Smith. He does not say who his manager is but for all intensive purposes, he has her possessions, her child and now he wants her stardom.

An investigation into the prescribing practices of one Los Angeles doctor and the psychiatrist who prescribed eleven medications of which eight were prescribed in Howard K. Sterns name was announced by California Attorney General Jerry Brown in October of 2007. Dr Kristine Erosovitch and Dr. Sandeep Kapoor had their offices and storage units raided by the California AG.

The much anticipated investigation continues and another bomb shell was dropped just days ago.The offices of Dr. Sandeep Kapoor were raided again and this time TMZ is reporting that United States Drug Enforcement Administration  assisted in serving a search warrant along with the California Medical Board. They are looking for a connection between the doctor and Howard K. Stern.

As for me, I have been named as a cooperating witness but former co-conspirator in Virgie Arthur’s defamation lawsuit in Houston Texas. It is said that evidence I and one of my former moderators, “Havana“, submitted to the O’Quinn firm has made this state case possible. We being tiny links to a larger chain of conspiracy.

My opinion of the sad deaths of Anna Nicole and Daniel has changed drastically. However as a witness, I find it best to keep my thoughts to myself. I have been maligned and attacked by Turner and the members of her website on the internet. I refuse to engage. The truth and substance of this case will be sorted out in a court of law. I stand by all I have said and will quietly remain until the final gavel falls.

There are many who desire to know the whole true story behind the lives and suspicious deaths of Anna Nicole and her son Daniel. Her adorable daughter Dannielynn deserves to know.

Hopefully with the latest raid in California and the ongoing investigation, the world will get some answers as to why two people had to die too young and too soon.

In Harris County, Texas, an order granting withdrawal of Attorney William Ogden for defendants Nelda Turner, Lyndal Harrington, Bonnie Stern and Art Harris has been approved by Judge Tony Lindsay.

Arthur’s attorney Neil McCabe has filed a motion to compel responses to requests for production from defendant Howard K. Stern in the same case. That motion will be heard on February 6th.

In the Federal case of Arthur vs Stern and CBS, McCabe has consented to allow Howard K. Stern more time to set a date for Stern’s deposition but it has to be completed before February 24, 2009. Arthur has until March 9th, 2009 to complete discovery on Stern. The motion filed today is waiting for Judge Rosenthal’s signature.

Arthur_vs_Stern_et_al_Motion_to_Compel_Stern.pdf

Arthur_vs_Stern_et_al_Ogden_withdraw_granted.pdf

Arthur_vs_Stern_et_al_amended_hearing_notice.pdf

Arthur_vs_Stern_CBS_Stern_Time_Enlargement.pdf

Topix.com has become the new battleground for internet bloggers in recent Anna Nicole Smith lawsuit discussions. The former sparring site TMZ, is mostly being boycotted by the wise because of the addition of Harvey Levin and TMZ to a defamation lawsuit filed by attorneys for Anna Nicole Smith's mother, Virgie Arthur.

Most of my writings on this site concerning bloggers has focused on my own involvement as a blogger and site owner. However, when I started to see the error of my ways, I began to read about the other players in this story who support Virgie Arthur or Larry Birkhead or Howard K. Stern. There are several groups on all sides.

I used to drop a few links at TMZ but never had much time to read there. When I did however, I discovered a group of Virgie Arthur supporters who found each other on TMZ and that is where they discussed all things Anna Nicole and Daniel Smith which of course included Howard K. Stern and Larry Birkhead and Dannielynn. An Arthur supporter by the nick name of "Sun" eventually opened a chat room which was also accessible through TimesSquareGossip.com. The owner of that site is a professional photographer and friend of Rita Cosby, author of Blonde Ambition who is being sued for defamation by Howard K. Stern.

On Topix recently, there were threats made to Arthur supporters that their day is coming this Friday in court filings. The tone seemed to imply that chat room or instant messenger conversations may be revealed in some legal filings by Howard K. Stern attorneys. For a particular group of Virgie Arthur supporters, that could possibly mean a certain chat that took place one night where someone was threatened. One of the Topix bloggers had her fill of threats and published this particular chat transcript to get things out into the open.

Disclaimer: I have no way to know who was who in this chat room, but I can see the intent of whomever was behind the monikers.. A person portraying them self to be Howard K. Sterns Private Investigator, John Nazarian, came to the room wanting to speak to someone. He/she and another person were looking for consultant/investigator, Wilma Vicedomine who assists the O'Quinn Law Firm with the Anna Nicole cases.

This came on the heels of someone ransacking Ms Vicedomine's trash and the publication and actual bragging about it by professional journalist, Art Harris. I almost forgot to mention that Mr. Harris promised pictures of the contents of Ms Vicedomine's trash as well. A promise he has yet to fulfill.

There are questions begging to be answered. Threats were levied toward Wilma Vicedomine. So how would the publication of the chat be a threat to someone who supported Virgie Arthur? The bad guys are the ones came to the room to make the threats.

Who were they? Who was the one using the moniker "Naz"? Who was "AFTD" who inquired, "So Naz got your bags pack (sic) for Texas?". No one knew who "JJ" was either.

The blogger who posted this chat concluded her story….

That's the entire chat of the ONLY time I remember even being in Suns's room. At some point someone I think JJ said hey Naz "my main man" inside the chat room. Well JJ did not show up on the chat log – so whoever that was, was either a moderator or someone else connected with that chat.
This took place when people were going through other's garbage and a lot of threats were being made against a lot of people.
Many in that room believed that those two jackasses were really in there threatening people and it really scared quite a few people.

NO ONE EVER SAID THAT IT WAS A JOKE.
To this day I believe that it was Nazarian in that room because after that, I received an email from Nazarian associated from the email address of willspy4money.

The email said something to the effect
"You better tell me everything you know"

I send him back my grandmother's recipe for popcorn balls because it was around Halloween.

The Chat;

think we handled it like responsible adults?
Art_Harris: hey where did trope go i had some questions
wilma: Kerry, confused is a 40 year old frustrated virgin
Kerry: yes we did the new respoect thing
Aunt_B: no that name is in here a few time a day
Wilma_Who: the kid scared him off
wilma: Wilma who Lol
Art_Harris: sternie?
Kerry: wha tis up with troupe now?
wilma: more threats
Aunt_B: anonymous
Kerry: wow, why?
wilma: that is getting old
Redbud: yeah where is wilma
Redbud: guess all of yu are
Kerry: where is waldo?
Vergie_Arthur: lots of people can use the name anonymous
Redbud: i found waldo once
Wilma_Who: wilma who
Aunt_B: i know
Kerry: wilma flinstone
Larryb has left.
Aunt_B: lol
Vergie_Arthur: lol
wilma: maybe I am waldo
Kerry: I could never find waldo
Redbud: wilma von bon bon
wilma: that's me
Wilma_Who: emerson
Kerry: international woman of mystery
Redbud: yeah i know

PART TWO OF THAT EVENINGS CHAT:( PS that is not Wilma that in a bunch of us posting as Wilma because they were in there demanding to know where Wilma was and threatening people)

Redbud: yeah i know
wilma: wilma mankiller
Wilma_Who: dragon slayer
wilma: real tribal indian chief by that name
wilma: not a seminole thank the good lord
Kerry: I am going to the boards and piss them off
AFTD has joined.
Wilma_Who: aw Kerry have fun
Redbud: threaten me again
Kerry: I always do!
Wilma_Who: hi Aftd
AFTD: anyone here from houston texas
larryis: hi aftd
Redbud: i love it atfd
wilma: Oh look the coward is back
Kerry: me
wilma: I am
Art_Harris: did aftd spell else wrong?
Redbud: yeah i am
larryis: say hi aftd first
Redbud: why where are you from
Wilma_Who: all of us from Houston why?
Art_Harris: hi buttfly why don't you hang around
wilma: Love houston
Craig_Rivera has left.
sugarpie: i am
Kerry: theresa hello
maxine: I am
Redbud: i live pretty close to deer park
Wilma_Who: I am in Pasadina
Kerry: I live in a trailer got something to say aboutit?
wilma: Grapevine
Wilma_Who: Bay city
Redbud: i live just off sam houston parkway
Aunt_B: Sc
maxine: we all live in texas in our hearts
NAZ has joined.
Art_Harris: i live in never never land
Kerry: my man is back

wilma: Grow yellow roses in pots
Aunt_B: hi
JJ: my main man
NAZ: Where's Wilma?
Art_Harris: it's an insect invasion
wilma: Hey Naz, Howie done whining for the evening
Wilma_Who: Bayown chemical plants may I help you
Kerry: she is here
sugarpie: hi naz
Redbud: wilma is here
wilma: Right here dimwit
maxine: not my day to watch her
NAZ: i aint playin
Wilma_Who: can't you see me?
wilma: You suck as a pi
sugarpie: naz need your leg humped? no thanks ick
Oh_Really: oh Naz hi
Oh_Really: sorry was on phone
wilma: I ain't playing either shit face
Vergie_Arthur: lmaooooooooooo
sugarpie: i aint playin mon
Redbud: oh sucks nax al real men like a litle foreplay
Wilma_Who: Naz sucks period
Kerry: let himi talk
NAZ: Suck me
sugarpie: ewwwwwwwww
Kerry: I want to
sugarpie: no
wilma: Sorry Naz. not a man

sugarpie: you cant make me do that
Oh_Really: your dick is too small naz
Wilma_Who: can not find it hon
Redbud: do i pull on that little thread first, it that where it is hidden
sugarpie: naz we like men not wildebeasts
Kerry: hey back off he is talking to me
NAZ: http://nazarianandassociates.com/44701.html
HSTSL: oh schmegma naz is here
Oh_Really: oh braggard
maxine: naz All that you are you owe to your parents. Why don't you send them a penny and square the account?
Oh_Really: we're real scard
Oh_Really: scared
Vergie_Arthur: we don't click on your festered links
wilma: Oh Naz. What ever shall I do
Art_Harris: do yu think we are that stupid
Oh_Really: oh AFTD is here too
Oh_Really: hi weirdo
AFTD: So Naz got your bags pack for Texas
abw: schmegma
abw: hahahahah
Redbud: kerry grab that thread hangin out his zipper and pull
<sugarpie> sent sound: bear
Kerry: wow you are threanting someone
wilma: Naz doesn't need bags
Oh_Really: great garbage cans in texas
<abw> sent sound: yell1
Art_Harris: texas is a right to carry state
<sugarpie> sent sound: bite
abw: so is Georgia
NAZ: yup
Oh_Really: concealed
HSTSL: he can find a new outfit in the trash wilr he is digging
Wilma_Who: chit
wilma: Who you threatening Naz

Redbud: naz i live off sam houton parkway if you are going to texas come visit
maxine: what Pi threatens people and thinks they can get away with it
Kerry: Are you going to ill someone Naz
Trisha: that scream scared the you know what out of me
AFTD: i will be in Houston Naz around 10am
<abw> sent sound: yell2
wilma: Don't step on my rose bush when you are peeking in the window
NAZ: nobody is threatening you
Oh_Really: you can clean out my garbage
Kerry: are you planning a murder you two?
<sugarpie> sent sound: gun-fight
NAZ: you are the ones making threats
Wilma_Who: we like you naz
maxine: but you have threatend those involved
Oh_Really: not us
sugarpie: what threats
Kerry: we talked about sex how is that a threat
Vergie_Arthur: oh sure
sugarpie: i just said you have mo balls mon no threat there
Redbud: show me a threat
maxine: I have never threatened anyone
Redbud: i never seen one of those
Wilma_Who: cuz he does not know
Redbud: are they gift wrapped
NAZ: sex with you is a threat
Kerry: why the roadtrip to houston Naz?
Oh_Really: oh LOL
AFTD: all of you have made threats and we have taken notes
maxine: and exchange recipes
Oh_Really: oh sure aftd
HSTSL: No need to rhreaten naz, your looks scare people enough
sugarpie: looking at your ugly mug is the threat here naz now #### off
NAZ: not in Houston

Redbud: no i am clean just got my health certificate
sugarpie: note this….fuck you
Wilma_Who: notes help with short memories
Art_Harris: what threats?
Kerry: wher eis the road trip going?
larryis has left.
Oh_Really: he only drives as far as the nearest gay club
maxine: good aftd you can write
AFTD: should have shot that damn dog years ago
sugarpie: lol
sugarpie: hehe
sugarpie: as i said..no balls
NAZ: damn dog
maxine: you're not the only one who can write you know
Redbud: pee on those shoes sugar
sugarpie: c'mere and let me pee on your shoe
HSTSL: how are those used condoms you found in the garbage working for ya naz
Wilma_Who: I hope he got it word for word
Oh_Really: he has frontal lobe problems
wilma: Naz why don't you come on over and my little girl will beat your ass
NAZ: she prolly looks like a dog in real life
sugarpie: sugarpie is a he dumbass
AFTD: you know she does Naz
Redbud: he probably wants marilyn sugar
HSTSL: you should never talk about looks naz, have you seen yourself?
sugarpie: aftd i'll get howie to hump you tonight ok
NAZ: Wheres Vice
LAW: hi
sugarpie: im vice
NAZ: stfu cujo
wilma: Though you were vice personified
sugarpie: dont vice me bro
Wilma_Who: your trouble dog
Redbud: i like miami vice
wilma: Naz, you losing control here boy
Oh_Really: I am Law's manager – you want to talk to her?
HSTSL: oooohhh! I'm sceeeeeeeerd Naz
maxine: no you're not im vice
wilma: Naz you getting paid for this recipe collection
NAZ: guess I'm outta here

Oh_Really: talk keep talking
Kerry: naz you big hot sexy bastard what are you gonna do in texas
wilma: The baby paying you
HSTSL: good bye
NAZ: tell Wilma I stopped by to talk
LAW: whats up yall?
wilma: See ya in Houston coward
Oh_Really: she's here
Redbud: see me in texas
NAZ has left.
Wilma_Who: I hope he is , have to buy the book I don't take notes
AFTD: see you in texas wilma
maxine: hi law
AFTD has left.
Kerry: naz tell us about your trip
dolittle has joined.
wilma: You too ass wipe
Oh_Really: hi do
LAW: see ya aftd
dolittle: i am back
Oh_Really: offed aftd
wilma: They left
Wilma_Who: hey Do
Kerry: wtf that was a threat
Aunt_B: hi do
Art_Harris: did you see that Jj type again
Vergie_Arthur: wb dolittle
Oh_Really: no art
wilma: that was a threat
Kerry: sun we need this transcript
Art_Harris: i did
maxine: so i gues everybody noticed that aftd went and got back up before she would stay

In the United States District Court, Southern District of Texas today, the honorable Judge Lee H. Rosenthal filed a thirty-one page order dispensing with several motions before her, in the civil suit of Anna Nicole Smith’s mother, Virgie Arthur vs Howard K. Stern and CBS Studios and KPRC Houston.

The attorneys for Mrs. Arthur had sought to add additional defendants to the lawsuit after her attorneys had discovered that there was defamation ongoing not only on television but also on the internet.

Attorney Neil McCabe of the O’Quinn Law Firm in Houston TX filed a motion to add Art Harris, a journalist and blog owner of artharris.com, Bonnie Stern, sister of Howard K. Stern, Harvey Levin, managing editor of TMZ.com and also TMZ the internet site and company. Also requested to be added were bloggers Nelda Rose Turner, owner of rosepeaks.com, Lyndal Harrington, a moderator of rosespeaks.com and Teresa Stephens a former moderator of rosespeaks.com.

The motion to add the additional defendants was denied. However, anticipating a denial, McCabe and colleague Attorney Michael Meyer filed a lawsuit in the 190th District Court of Harris County Texas against the additional defendants. There are presently jurisdiction objections from the non Texas residents. Also there are motions pending in that court and requests for documents and examination of computers used to allegedly defame Mrs. Arthur.

Judge Rosenthal lists the various reasons for denial however, she recognized the validity of the claim of defamation and conspiracy and went as far as to write in her opinion that the added claim appears cognizable to pursue in state court. Cognizable The power, authority, and ability of a judge to determine a particular legal matter. (click on the highlighted words for more in depth definitions). The state court claim was also filed in a timely manner and can now commence.

KPRC was dismissed from the suit. Cited was the studio had a contractual obligation to broadcast the Entertainment Tonight interview and had no way of knowing in advance the subject matter of the interview.

Howard K. Stern’s motion to dismiss for lack of personal jurisdiction was denied. For specific personal jurisdiction, Judge Rosenthal differentiates and writes that “the court must assess Stern’s forum contacts independently from the contacts of the other alleged conspirators. The question is whether Stern himself, not the alleged co-conspirators had the requisite minimum contacts.”

The Judge states the claim against Stern is not that he himself made the defamatory remarks about Virgie Arthur by arranging the ET interview but that he urged Anna Nicole to make the statements about Mrs. Arthur. The Judge writes the alleged defamatory remarks concerned Arthur’s treatment of Anna Nicole when she was a child in Texas and about her experiences in Texas.

Stern knew that Arthur lives in Texas and has lived in Texas her whole life even though he has denied that fact in a sworn statement. He knew that Entertainment Tonight is broadcast in Texas and the events discussed were purported to occur in Texas. Arthur lives in Texas and that is where the harm has occurred and had “foreseeable effects” there. Stern worked to arrange to broadcast statements to the nation including Texas about the Texas activities of a Texas resident.

Judge Rosenthal’s decision rendered means that Arthur will be able to pursue her claim against Howard K. Stern and CBS in her Texas Federal Court.

The Judge also says that Mrs. Arthur will be able to move forward with her defamation and conspiracy claim against Howard K. Stern, Bonnie Stern, Art Harris, Harvey Levin, TMZ, Nelda Rose Turner, Lyndal Harrington and Teresa Stephens in Texas State Court.

You can read the full text of the Memorandum and Order here.
190th State District Court of Houston Texas, Arthur vs Stern et al Docket here

*Edited to strike reference that there is a motion in the 190th Houston TX court for production of documents and examination of computers. That was in the Federal case and declared moot.

Thanks to Trixie for the watermark!