FOR IMMEDIATE RELEASE:

Tuesday, December 21, 2010

Contacts:

Kay Debow (202) 553-7344

Former White House Officials File Bipartisan Amicus Brief in

Anna Nicole Smith Estate Case

Pending Supreme Court Case May Threaten Constitutional and Civil Rights

WASHINGTON, D.C. – Late yesterday, Lanny Davis, former special counsel to President Bill Clinton, and David Rivkin, attorney who served in the administrations of both Presidents Ronald Reagan and George H.W. Bush, filed a bipartisan amicus brief on behalf of the National Black Chamber of Commerce with the U.S. Supreme Court in the Stern v. Marshall estate case to defend the constitutional rights of civil rights litigants in state courts.

“Drastically expanding the authority of specialty courts, which lack legal expertise or appropriate evidentiary procedure, infringes on the rights of individuals to a fair and fully heard case,” said Lanny Davis. “Shifting legitimate claims in matters of privacy, gender bias, gay rights and civil rights to bankruptcy courts – or any other specialty court – could allow for the usurpation of Article I courts’ authority and potentially violate minority litigants’ rights to due process.

“This is a truly unique case that appeals to even the extreme opposite ends of the political spectrum. The Justices have a rare opportunity to set binding legal precedent on the authority of state and federal courts versus specialty courts appeasing those on both the Right and the Left.”

Harry Alford, President at NBCC, added, “Here at the National Black Chamber we are dedicated to economically empowering and sustaining African American communities, something that may be jeopardized if this case sets precedence for uncertainty.  Therefore, Stern v. Marshall highlights the importance of maintaining the long-held tradition of allowing state and federal courts – who are constitutionally empowered to rule broadly on a variety of issues – to hear cases involving potential violation of civil rights.”

###

To speak with Mr. Alford or Mr. Davis please contact Kay Debow at (202) 553-7344.

The National Black Chamber of Commerce is a nonprofit, nonpartisan, nonsectarian organization dedicated to the economic empowerment of African American communities.  The goal of the NBCC is to sustain African American communities through entrepreneurship and capitalistic activity within the U.S. and via interaction with the Black Diaspora. The NBCC was incorporated in Washington, D.C. in March 1993, represents 95,000 Black-owned businesses, and provides an advocacy that reaches all 1 million Black owned businesses in the U.S.

Lanny Davis Discusses Amicus Brief on Pending Supreme Court Case

WASHINGTON, D.C. – Tomorrow, Tuesday, December 21, Lanny Davis, legal expert and former special counsel to President Bill Clinton will host a conference call to discuss the amicus brief filed with the United States Supreme Court on behalf of the National Black Chamber of Commerce.  The brief, co-authored with David Rivkin, attorney and constitutional law scholar who served in the administrations of both Presidents Ronald Reagan and George H.W. Bush, focuses on the civil rights implications and potential Constitutional violations of the well known Anna Nicole Smith estate case known as Stern v. Marshall.

WHO:              Harry Alford, President of the National Black Chamber of Commerce

Lanny Davis, former special counsel to President Bill Clinton

WHAT:            NBCC Conference Call

WHERE:          Call In:             866-675-4790

Pass Code:       2561065

WHEN:            Tuesday, December 21, 2010 at 10:30 am Eastern

To speak with Mr. Alford or Mr. Davis please contact Kay Debow at (202) 553-7344.

The National Black Chamber of Commerce is a nonprofit, nonpartisan, nonsectarian organization dedicated to the economic empowerment of African American communities.  The goal of the NBCC is to sustain African American communities through entrepreneurship and capitalistic activity within the U.S. and via interaction with the Black Diaspora. The NBCC was incorporated in Washington, D.C. in March 1993, represents 95,000 Black-owned businesses, and provides an advocacy that reaches all 1 million Black owned businesses in the U.S.

The Last Picture Of Daniel Alive

Here are a second batch of documents from the Inquest into the death of Anna Nicole Smith’s son Daniel Wayne Smith who died less than 12 hours after arriving in the Bahamas to see his new baby sister.

1. Anna Nicole Smith’s statement(s) to the Bahamian Police Department.

2. Larry Birkhead’s statement to the Bahamian Police Department.

3. Howard K. Stern’s statement(s) to the Bahamian Police Department (There appears to be pages missing in this one).

4. The summation from The Court. A must read where the “Court” tells the jurors what verdict to come back with…

5. Howard K. Stern’s testimony as previously published but with the court and lawyer discussion added in.

6. Court and lawyer discussion 23 pages.

7. Larry Birkhead’s testimony as previously published but with the court and lawyer discussion added in.

Please click here to read the inquest transcripts… 

Anna Nicole Smith Baha PD Statement

Larry Birkhead Baha PD Statement

Howard K Stern Baha PD Statement

Daniel Smith Inquest Summation

Daniel Smith Inquest Stern w Court Discussion Included

Daniel Smith Inquest Court Lawyer Discussion 23pgs

Daniel Smith Inquest Birkhead With Court Discussion Incl 80pgs

Thursday, October 28^th, a Los Angeles jury, or at least six of them made a very grave mistake. I wonder though if they even knew it. As much as I want to, I just can’t be upset at the jury who let Dr. Sandeep Kapoor walk, only find Dr “Death” Eroshevich guilty on four counts and let Howard K. Stern, as usual, slither into the middle with two felony convictions.

Three words. Judge-Robert-Perry. I hope the jury is appalled when they figure out how much good evidence was kept from them. I hope it disgusts them when they find out that witnesses were not allowed to repeat their original statements as they occurred and as was told to CA DOJ investigators.

JRP shouted “inflammatory” in his defense of the defendants sometimes up to 20 times per day according to a person in the court room. That person also said Judge Perry pretty much let the defense know they didn’t even need to present a defense in that Perry’s actions and words let them know he was on their side.

According to AP Reporter Linda Deutsch (who reportedly sleeps during court proceedings), Judge Perry verbally abused prosecution attorneys and raised his voice and shouted at them in advocating for the trio who were on trial. During closing arguments Judge Perry even let Stern’s attorney Sadow scream until Perry offered that Sadow should look at the jury while he desecrated the prosecuting attorneys with half baked truths and innuendos.

How disgusting it was to watch this video of Stern saying he was vindicated of guilt in supplying Anna Nicole Smith with up to 2300 pills per month of narcotics and benzos (that she sometimes washed down with expensive champagne) like that was a good thing. He did not get her any real help. The only thing he helped her to was death’s door.

I never did hear of any proof or anything indicating a PROPER diagnosis of chronic pain syndrome and yes without me making this even longer, there are ways to do it. That’s how it’s done in the real world.  It’s more than horrible that Smith was given more medication than a hospice cancer patient dying in agony.

Where did Stern ever care about Anna Nicole Smith’s privacy and confidentially, as he says in the after trial interview? Did he care that the whole world saw her humiliating herself being drunk, high, trashed, whatever?

Some examples. Click on thumbnails to enlarge:

Anna Nicole ushered off stage at VH1 Big In ’04 Awards

Anna Nicole’s Booby Trap. MTV Awards In Sydney AU.

Anna Nicole Drunk at American Music Awards. CBS News link.

As I watched the talking heads on TV after the verdict, I saw disbelief. Professional commentators saw all the things that myself and other bloggers have been listing and talking about since the trial started on August 6^th. What a tragic reflection of our society that a judge can cross ethical boundaries in a high profile case and get away with it.  See: The American Bar Association. Model Code of Judicial Conduct. Canon 32. A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY. http://www.abanet.org/cpr/mcjc/canon_3.html *Thank you to Topix bloggers for this link and many others they have supplied over the years.

There is some comfort for Anna and Daniel’s family and that is, two of the culprits who mishandled Anna Nicole are CONVICTED FELONS now. Unless Judge Perry tampers with the jury’s work, that is. He has already “warned” that he can nullify the jury’s verdict. I will not be a bit surprised if  he will do just that when sentencing occurs on January 6^th, 2011. But Florida is still watching. A spokesperson said “if authorities find evidence one or more people illegally supplied Smith with the prescription drugs” blamed for her death, a charge as high as first-degree murder could result.” Click here for full story.

On another note, shortly before the trial started, a source who did not attend the proceedings told me that congratulations are in order for Howard K. Stern’s attorney Krista Barth. She gave birth to a new baby this past year. I don’t have any more details than that.

And finally, I have some things I want to say to the people who have frequented this site since it opened under another name on February 14th of 2007 and will do that in the next few days. God willing, I am also hoping to obtain some fascinating reading material to share with all who support justice for Anna Nicole and Daniel and mother and grandmother Virgie Arthur. I’m keeping my fingers crossed hoping to be able to obtain this information in full.

October 7th, 2010.

All I can say about the drug conspiracy trial is, astounding!

Now that Judge Perry had obviously decided to stop batting for the defense and let the jury do their jobs, it appears the playing field is leveling out a bit.

My question for defense lawyers is, IS THAT ALL YOU GOT?

Stern’s attorney Sadow, who does a great imitation of a drama queen, is said to have lashed out today at prosecutors, saying they belittled the Playboy Playmate’s life and showed no regard for the chronic pain she suffered.

Au contraire. The prosecutors are there to represent the public concern for why Anna Nicole Smith was given enough drugs to kill her.

The public thinks two doctors and the lawyer who is saying he doesn’t know the law, are negligent in their duty to properly care for Anna Nicole.  Not only that, they went out of their way breaking laws to do it to be sure the woman had all she needed to die.

The chronic pain? Unless I’m missing something, there was never any testing by these two doctors on trial to justify giving her any medicine at all much less what one pharmacist called pharmaceutical suicide. If she had been tested and cared for properly, the thyroid condition present in her autopsy would have been discovered when she was alive.

FOUR of the same type of anti-anxiety medicines were in her system at autopsy plus the Chloral Hydrate, a dangerous sleeping medication.  Therefore there were not therapeutic levels of drugs in her system. It was over-kill on downers. No pain medicine was present either except the methadone in her bile. Was she over her pain?  She was at the Hardrock when she died and was to take a dance lesson. But no pain meds?

Sadow said, “Here’s a guy whose been with her since 2001,” Sadow told jurors. “Witnesses have said he cherished her, loved her. She was the love of his life.”

They say he loved her. Was he ever violent or abusive or ignore her when she needed help? Did he always take her to the hospital when she needed to go?  Did any people at all say she loved him? That fairy tale didn’t start until G. Ben Thompson refused to sign the birth certificate. Anna Nicole definitely knew who the father was. She was pregnant with Birkhead’s child twice. If there was something between Stern and Anna, why did she not have Stern’s child?

Sadow, turning toward prosecutors said: “How dare you degrade and disparage Anna’s life?”

I say, how dare those people give her the wrong drugs (no anti-depressants), the wrong combination of drugs and huge quantities of drugs and waking her up every four hours drugs, and the abscess causing shot in the butt drugs that ended up killing her. I say once again, why did they not get her an intervention and set up properly by pain experts if that was the case? Actions speak louder than words and not one of those people had her best interests at heart. Why did they ignore ethics and laws and the warnings to supply her as they did? All three did wrong. Their care ultimately caused her death. They are not on trial for her death but their actions led to it.

Kapoor’s attorney told jurors the criminal case against her client never would have been brought if Smith had not been a celebrity.

And Kapoor would have never participated in the whole gay parade with her or making out with her at the after party if he was not a “celebrity doctor”. That’s what he called himself. He was seeking to treat celebrities and his journals proved he knew he was in the wrong as well as his keeping records for Anna Nicole that said different things. He even hid Daniels records.

Kapoor’s attorney said that he only used one alias for Anna Nicole’s meds. False. He also wrote prescriptions meant for Smith in Howard K. Stern’s name.

After Anna Nicole left the hospital where she went to detox due to her pregnancy, Kapoor wrote prescriptions for the same medicine she was detoxing from after he told the hospital staff doctor he would not.

Eroshevich ordered the cocktail that ended up killing Anna Nicole Smith. Both Eroshevich and Kapoor were warned by experts that they were prescribing deadly drugs in quantity and combination. Eroshevich ignored those warnings. She wanted to “knock her out”.

Eroshevich was an internet star about a year ago. Radar Online had pictures of her snorting white powder.

The jury was also treated to pictures of Anna Nicole and Eroshevich naked in a tub with hands in suggestive places. Eroshevich did not keep any medical records at all. She used the name of a lawyer in a place she worked and used her husbands name and several other aliases to get drugs for Smith.

They all broke the law and ethics of their professions to get Anna Nicole Smith drugs she did not need. She did not have pain all her life. She was not on pain meds when she died. Away in the Bahamas from California and others in her social circle, her son died and then she did.

I think the jury will be smart and convict but I also think Judge Perry will do everything in his power to prevent it or any repercussions for the defendants if his past actions are any indication of future behavior.

This part was hysterical.

Sadow accused prosecutors of deceiving jurors with some evidence and trying to win at all cost rather than tell jurors the truth. “How do you do this in a courtroom?” he shouted. “You don’t deceive the people making the decision.”
His attack became so virulent that Superior Court Judge Robert Perry told Sadow at one point to direct his remarks at jurors not toward the prosecutors seated in the courtroom.

That’s because Perry must think he is the only one who can verbally abuse and disrespect the prosecution. Shame on that guy!

* Catch this interview of former Los Angeles prosecutor Janice Brenman. She also thinks Judge Perry has been out of line.

http://www.janicebrenman.com/wp-content/uploads/2010/10/TDC336697_01.wav

As I was putting this article together I noticed a news update saying the defense in the case won’t be calling any witnesses.

I think most of the world knows that Anna Nicole Smith was a very troubled woman who died of a drug overdose because she was enabled to death. Would Anna Nicole still be alive today if it were not for the extraordinary measures that Howard K. Stern and the two doctors Eroshevich and Kapoor took to make sure Anna Nicole Smith had all the dangerous drugs she craved?

Why did Howard K. Stern wake a devastated and depressed Anna Nicole up every four hours to administer narcotics and sedatives  after her son died and other times coo these sticky sweet and deadly words, “Baby, come and we’ll take our medicine.”

Why did Khristine Eroshevich disregard expert advice more than once when she was told the drugs she was trying to score for her would kill Anna Nicole.

Why did Sandeep Kapoor after promising a hospital psychiatrist he would let her handle any prescribing of methadone… prescribe methadone and Xanax immediately after Anna Nicole was released from hospitalization detoxing from the very same drugs?

Recent testimony in the drug conspiracy trial by a defense hired gun, Dr. Perry Fine from Utah says that just because Anna Nicole Smith was taking an average of 1500 controlled substance pills per month she was not an addict. He claims that addiction is an inherited condition and Anna Nicole Smith was not an addict and there are no records saying so.

(Excuse me while I LOL!!!).What physician is going to put in their records they are prescribing addictive drugs to an addict???

Even I can tell you that a person who has used the same drugs that Anna Nicole did and at the same quantities, if humanly possible, will become “chemically dependent” which is another term for the word “addicted”. Well, I suppose they could do like Kapoor did and keep three different sets of records for his addicted patient.

Let’s compare to what other “professionals” have said…

Dr. Victor Kovner was Anna Nicole’s personal physician who sold his medical practice to Dr. Kapoor and had this to say in court:

“She refused my suggestion to enter rehab.”

“She had a substance abuse disorder so severe that she could become addicted to Jello.”

“Anna Nicole Smith has two diagnosis, chronic pain and addiction to prescription drugs.”

~***~

Dr. Greg Thompson—a pharmaceutical expert:

Reported that the drugs might work for a drug addict under supervised care, or with a dying cancer patient in a hospital, or ‘if you were going to kill someone.”

He admonished Dr. Eroshevich about the drugs she was requesting for Smith and told her she was way out of her league.

~***~

Dr. Nathalie Maullin on staff at Cedars-Sinai Medical Center in April 2006 treated Anna Nicole:

Resumed but then started weaning Anna Nicole off of  Xanax and Methadone when Anna Nicole tried stopping them cold turkey.

She believed Smith had “a borderline personality disorder” and was addicted to prescription medications.

Said: “She was on medication that seemed like overkill for the type of pain she was in.” (Prescribed by Kapoor)

She conferred with Kapoor by phone, shared her plan for weaning Smith off Xanax and any drugs known as benzodiazopines which can be addictive. She said Kapoor agreed and told her he would leave the prescribing of Methadone to her. Maullin told the court that the day Smith left the hospital, defendant Dr. Sandeep Kapoor wrote her new prescriptions for the very medications she had just discontinued.

Remember, this is also the hospital visit where Larry Birkhead swore that Anna Nicole and Howard K. Stern were adding drugs from the infamous duffel bag to her detox regimen, because the IV drip was not enough to satisfy her.

And lets not forget Ira Freeman who told Eroshevich her medicine request was “pharmaceutical suicide.”

Here are a couple of videos to compare from Anna Nicole’s Trim Spa days. The first looks like an appearance (yeah, she appears to be totally blasted) and the second is a commercial (perfect speech, no slurring).

I pray the jury does their job. I pray they disregard  Judge Robert Perry’s horrible blatant bias and holds those who had a hand in drugging Anna Nicole Smith to death, responsible for their actions.

Imagine this:

1. Hearing via media that your precious 20 year old grandson died in the Bahamas of a drug overdose. You know for a fact that your grandson did not use or abuse drugs.

2. Later receiving a phone call from your incoherent  grieving world famous daughter telling you about his death and telling you that he will be back.

3. The phone goes dead in the middle of the message and you try in vain to call your daughter back and can not reach her ever again. You are hung up on and then the number is changed.

4. Having “someone” falsely make your drug addicted daughter believe that you accused her of murder.

5. When all means of contacting your daughter fail and you try the last resort by going on national television to warn her that you are worried about her and fear that she will die next.

6. Having your worst fears realized. Five months later, your daughter is dead. From a drug overdose.

7. Traveling to Florida to claim your unmarried daughters body. Florida law says next of kin over age 18 is you, but the court rules against you and basically in theory gives your daughter’s body to a grifter who is no relation.

8. Having to travel out of the country for your daughter’s funeral and not being allowed to participate in any way. Not being permitted even to place family pictures on display.

9. Having your surviving granddaughter in the custody of the person who you think is responsible for the deaths of your daughter and grandson. The DNA indicates who the real father is and he is in “cahoots” with the person who you think is responsible for the deaths of your daughter and grandson.

This is Virgie Arthur’s story.

In her own words, in a sworn declaration given in Howard K. Stern’s lawsuit against Mark Speer (case dismissed) and Jackie Hatten (still ongoing), Mrs Arthur describes her living nightmare…

I was only sixteen years old when Vickie was born and I married her father, Don Hogan. The marriage did not last. Don was abusive and he beat me when I was pregnant with Vickie. Not in my home, but in Liberty County, he raped my ten year-old sister and her young friend while I was married to him. I did not find out about this until I left him.

Don moved out of our house when Vickie was about four or five months old when I finally fought back. We weren’t divorced until just weeks before Vickie’s second birthday because I could not afford a divorce. I got the divorce as soon as I could. He was charged in connection with these crimes and served sixty days in jail and five years probation.

During Vickie’s childhood she had little to no connection with her father. I remarried and Vickie was primarily raised by me along with her stepfather.

I was not invited to Daniel’s funeral, which hurt a lot. About a week before Daniel’s funeral, I was interviewed by CNN. I was quoted as saying:

“I know that Danny had a trust fund…But if Howard marries Vickie and Daniel’s gone, that leaves Howard and the baby to inherit whatever money she has…: Vickie Lynn, you know I love you, always have. And be careful about who you hang around with, because you may be next.”

I firmly believed those opinions at the time, and still believe them today.

After the ruling (during which he broke down crying) he came up to me, tried to hug me, and told me, “I did the best I could.” I was furious, and remembered that he had talked about his six-year old daughter in court. I told him, “Look at my face. I want you to remember my face because one day your daughter is going to have trouble, and you’re going to need help.” I told him that when he can’t help her, he should remember my face.

I tried to help Dannielynn before I went to Florida. I thought she was going to be the next dead person. Then, after the Florida hearing, I sought access to my granddaughter, Dannielynn, in the Bahamian courts. At that point, Howard (Howard K. Stern) had custody of the baby and was involved in a bitter fight with Larry Birkhead over who was the baby’s biological father. Howard was refusing to have his DNA tested. During this period, my relationship with Larry was not antagonistic, and as I believed at that time he was the father and that he shared the goal of doing what was best for Dannielynn.

Before Vickie’s funeral in the Bahamas, a Bahamian judge ruled that I should be allowed to see my granddaughter. I was also continuing to press my claim in the Bahamas that Vickie should be buried in Texas. I went to Horizons to see her for a visit that lasted only about twenty-five minutes due to the tension between me and Howard Stern.

When I went to touch the baby, Howard stopped me, and said that “the judge said you could see her, not touch her.” He then offered to let me hold her and kiss her if I let Vickie be buried in the Bahamas. I refused to drop my legal action, and left the house without ever touching Dannielynn. During the visit, my former attorney, Debra Rose, and the babysitter, Gibson, got into a screaming fight and Dannielynn never moved.

During that trip, I met with Larry Birkhead at the Hilton Hotel. I told him that I believed in him, that he seemed like a good, decent guy; that I believed at the time that he was the baby’s father, and that I would help him in any way I could against Howard. Larry appeared to be so nervous and desperate. It didn’t make sense that Larry seemed to be now listening to Howard. I asked him what Howard had on him. Larry told me that Howard had so much “stuff” on him, and I asked what kind of “stuff”, He said “that they were fixing to tell all about him, that they say they caught him dating men.” I told him, “I don’t care if you have men or women in your life. I don’t care if you were caught fucking a sheep. If you are the baby’s daddy, and I believe you are at this time, it doesn’t matter what they say, I will stand by you, son, one hundred percent.” He said he was tired, and he just wanted to take his daughter and go home.

On the day of Vickie’s funeral in the Bahamas, I got caught in a traffic jam and arrived to the funeral late. When I got out of my car, there was a large crowd of people, all booing and jeering at me. It was the worst feeling in the world. But I knew my daughter was supporting me, even if no one else was. My feet felt like they weighed fifty pounds, and the walk into the church felt like it was a mile long.

I saw Larry Birkhead only three times outside the court house. After Larry left the Bahamas, his attitude toward me changed.

Howard had put Larry through a costly legal battle, had not let Larry see his daughter for months, and then abruptly dropped all challenges to Larry having custody. After that, Larry completely cut me out. Howard then supported Larry getting sole custody. I was furious, and I wanted to know why Howard had suddenly become Larry’s biggest supporter. I asked Larry what was going on, what deal was he working, and why Howard was suddenly helping him. Larry denied it, told me that he wasn’t doing anything, that Howard was just being nice. But Larry was obviously nervous and couldn’t look me in the eye while he talked to me.

I believed he had cut a deal with Howard. I filed paperwork asking to be named Dannielynn’s guardian. All I ever cared about is the safety and well being of my granddaughter. I was very angry at Larry for being in cahoots with Howard, but I tried to stay optimistic when I spoke to the press. I said that I looked forward to working with Larry to help raise Dannielynn, and do what’s best for her.

I don’t believe that Larry has shown that he’s responsible enough to manage Dannielynn’s affairs with Howard by his side.

After Larry got sole custody, I urged him to put the millions of dollars he was receiving through media deals into a trust for the baby, and have an independent company monitor it. I told Larry that he can live on it, but he should not squander it. After I told him that, he called me to threaten me that if I didn’t drop the guardianship suit in the Bahamas, he’ll make sure the court fines me and that I will have to pay for his legal fees and flights to and from the Bahamas.

J. Howard Marshall is dead. My grandson Daniel is dead, my daughter is dead, Pierce Marshall is dead. If Dannielynn ever gets this money, it should be put in trust until she is 25 years of age. The prospect of the money has brought my family nothing but grief. I think about Ron Goldman’s family and the O.J. Simpson case all the time. I see how much pain they are still going through and that’s what my life has become.

*Thanks so much to “Sizzles” for sharing this document.

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

There has been a 68 page opinion rendered by the 9th Circuit Court regarding Anna Nicole Smith’s battle for her late husbands estate in re: Marshall v. Stern and the estate of Vicki Lynn Marshall aka Anna Nicole Smith.

Just a precursory look at the document indicated that Anna Nicole Smith’s estate will walk away empty handed and so will Howard K. Stern and all the lawyers in various parts of the country that Stern apparently owes money to, according to statements he has made.

Excerpt:
We conclude that the findings of the Texas probate court should be afforded preclusive effect because it is the earliest final judgment on matters relevant to this proceeding. The bankruptcy court exceeded its statutory grant of power and constitutional limitations on that power when it purported to enter a final judgment in favor of Vickie Lynn Marshall on her counterclaim….

http://www.ca9.uscourts.gov/datastore/opinions/2010/03/19/02-56002.pdf

UPDATE!!!!!!

March 19, 2010
Statement from the Marshall Family
For Immediate Release

Contact:
David Margulies
(214) 368-0909
(214) 914-1275

Statement From The Family of E. Pierce Marshall

DALLAS (March 19, 2010) – The U.S. Court of Appeals for the Ninth Circuit today vindicated the efforts of the late E. Pierce Marshall to uphold his father’s estate plan.

The Ninth Circuit opinion supports the 2001 95-day jury trial in Texas Probate Court, which established that Anna Nicole Smith was never entitled to any assets from the Marshall family beyond the $7 million in cash and gifts she received from J. Howard Marshall, II . The jury also unequivocally rejected Smith’s claim that E. Pierce Marshall and others interfered with her receiving any additional gifts while her husband was alive or at his death.

“The lies that were told about told about E. Pierce Marshall have finally been put to rest,” said a statement issued by the Marshall family. “Pierce Marshall was never intimidated by Anna Nicole and her bevy of contingency fee lawyers’ use of her celebrity and the legal system to try to loot J. Howard ‘s estate. We are proud to have supported his efforts and continue that -fight. Our only wish would be that Pierce were here to see his vindication.”

“Many people have asked over the many years if the -fight to uphold my father’s last wishes was worth it,” Pierce Marshall said in a statement issued in 2004. “I know Anna and her lawyers were counting on our family giving up and paying them an absurd sum to go away. That was never going to happen. We never wavered from our belief that, in the end, justice based on the rule of law would prevail.

“We are deeply appreciative that the Ninth Circuit took the time to closely examine the important legal issues raised by this case and agreed with our analysis of the law and facts regarding those issues,” said G. Eric Brunstad, Jr. who represented the Marshall family.

“Anna Nicole Smith and her attorneys never presented a single witness on document that upheld her absurd claims,” said David Margulies, a spokesperson for the Marshall family.
“Texas jurors in the Probate Case listened carefully to all the evidence Smith and her lawyers presented and ruled in favor of E. Pierce Marshall on every point.”

The 9th Circuit upheld the Marshall family’s argument that the case has been fully adjudicated in the Texas Probate Court, which ruled in favor of E. Pierce Marshall and against Smith on every issue. The 9th Circuit ruling states in part: “The district court should have afforded preclusive effect to the Texas probate court’s factual findings and relevant legal conclusions.

The determinations adverse to Vickie Lynn Marshall in the Texas probate court prevent her from establishing the elements of her counterclaim, such as J. Howard Marshall II’s intent to give her a substantial inter vivos gift, the tortuous nature of Pierce Marshall’s conduct regarding the estate planning documents, and the reasonableness and amount of her expectancy. We reverse the judgment of the district court and remand with instructions that judgment be entered in favor of the Estate of Pierce Marshall.”

UPDATE II

From Neil McCabe, counsel for Virgie Arthur who is Anna Nicole Smith’s mother.

When asked about possible appeal:

The losing side can see if the Supreme Court wants to hear it or ask for rehearing by the 3-justice 9th Circuit panel that issued the opinion or the 9th Circuit en banc. En banc rehearing rarely is granted in the 9th Circuit and, if it is granted, means that 11 justices will rehear the case.  Even more rarely, all of the 9th Circuit justices will rehear a case. If all of the judgeships are filled, that would mean 29 justices rehearing the case, but the court’s website shows 3 vacancies right now. I once argued on rehearing en banc in front of 17 justices in the 5th Circuit in New Orleans. That was the first time that all 17 judgeships were filled at the same time and all 17 sat for oral argument.  See the rules (35-1 to 35-4) that govern rehearing.

http://www.ca9.uscourts.gov/datastore/uploads/rules/frap.pdf

Something that Anna Nicole and Daniel Smith fans have been complaining about for almost two years finally has been resolved. Daniel Smith was buried in the Bahamas after he died of an “unintentional drug overdose. His body laid in a funeral home 39 days before he was buried.

His mother, Anna Nicole Smith died five months later at the Hard Rock Hotel in Hollywood Florida of an “accidental overdose”.

Its been over two years and three months since Daniel was laid to rest. His mother Anna Nicole has been gone almost two years.

Finally,  Anna Nicole (Vicky Lynn Marshall) and Daniel Wayne Smith have been honored by the placement of a beautiful memorial stone.

Someone was kind enough to leave the link to Louisville, Kentucky based Evans Monument Company that made the “black” granite stone. Louisville Kentucky is the home town of Anna Nicole’s daughter, Dannielynn’s father, Larry Birkhead. TMZ reports that Larry and Howard K. Stern stood together during an unveiling ceremony for the memorial.

TMZ is carrying a photo and short piece about the 6 x 5 foot black granite stone that “covers” both of the graves. Anna Nicole’s late husband J. Howard Marshall’s ashes were also placed into the grave and the memorial stone carries his name as well.

Please refer back to a story which was done on this site concerning seemingly inaccurate stories about this issue. While fans are happy that the Smiths finally have a memorial on their grave, there were a lot of conflicting stories circulating about plans for the stone which was originally announced by Art Harris who said a “7 x8 foot pink granite stone was being searched for”.

See, anna-nicole-and-daniel-smiths-graves-remain-unmarked/

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