The Associated Press is reporting that the inquest into the death of Daniel Wayne Smith, Anna Nicole Smiths son has been delayed again but a jury has been selected.Magistrate William Campbell told the seven-member Coroner’s Court jury that its only duty is to determine the cause of death and said police have no evidence of homicide.
“Nobody is on trial here,” he said, but noted the jury can refer the case for criminal charges if it finds evidence of negligence.
The inquest has been postponed until Nov. 19 due to the approach of Tropical Storm Noel. About 35 witnesses are scheduled to testify.
Virgie Arthur flew to the Bahamas for the proceedings but Howard K Stern and Larry Birkhead were not present. Arthur has suggested that Daniel died as a result of foul play. “I hope this starts the process of justice,” Arthur told reporters as she entered the courthouse today. In February, Arthur claimed in a television interview that Smith’s friend-attorney Howard K. Stern played a role in both deaths, but she didn’t provide evidence.
Daniel Smith died Sept. 10, 2006, as he visited his mother three days after she gave birth in a Nassau hospital to her daughter, Dannielynn. Dr Cyril Wecht, a private pathologist said Daniel died from a combination of drugs, including methadone and antidepressants.
Anna Nicole Smith died in Florida on Feb. 8 at age 39 from an accidental overdose of prescription drugs, including the painkiller methadone and a powerful sleep aid.
My good friend Jane Devin has decided to cut back on her online presence for reasons that she has posted on her blog. I first encountered Jane’s blog when I opened my own after the death of Anna Nicole Smith in February. She became a frequent contributer on my blog and as time went on, a real life friend.
It has been a tough year all the way around but made easier to handle with Jane Devin as a true friend and internet next door neighbor. We, like no one else know the truth of how trying to help someone can go wrong in ways that could never be imagined.
We both have met other wonderful people along the way. No one person thinks or feels exactly the same and should not. Some of us have strong feelings about one issue or the other but can see behind and around the issues and sometimes disagreements and appreciate the value of the people that we have come in contact with. For that I am grateful and I know from conversations with Jane that she feels the same.
I would like to thank her for the entertainment and thoughtful, heartfelt stories that she has written for all to enjoy. Special thanks to her for being there when my mother passed away unexpectedly and all the other times that she has stepped up to the plate when I needed help or a trusted friend. Jane, I will miss your internet presence but feel secure in knowing that you are only a phone call away.
Mark Schey, the president and CEO of creative agency 22Digital, which created the “TRIMSPA, Baby!” slogan, tells Us Magazine that through his “good, professional relationship” with Smith he often helped her post fan videos on her personal website “as a courtesy kind of thing.” He claims he was not paid, however, and that he wasn’t present at the Bahamas video shoot.
“It could have been something [Stern] intended to put on [her website]. He would give me instructions, ‘edit this, don’t do this,’” Schey tells Us, adding, “I’ve never seen that video, and had nothing to do with the filming of it. I never even got this tape.”
Schey is “not sure” who was the man behind the camera, but says it “could” have been Stern.
“I help put videos online – I had nothing to do with the production of them, and was not there when she filmed any of them,” Schey explains.
A spokeswoman for TRIMSPA, tells Us Magazine: “Mark Schey is not an employee of TRIMSPA. He owns his own company and TRIMSPA has contracted Mark on occasion for TRIMSPA-related events. The video is not a TRIMSPA event, nor is it related to TRIMSPA in any way.”
It was the evening of Saturday October 20th. Geraldo aired a show about the infamous Anna Nicole Smith “clown video”.What followed was very disturbing. Ford Shelly was Geraldo’s invited guest and America was treated to more of the clown video. Geraldo said that after the broadcast, the video and also a picture that was shown would be turned over to the California Attorney General who is investigating the doctors that prescribed numerous drugs to Anna Nicole. The tapes posted here speak for themselves. If you haven’t seen them, I urge you to watch only if you can handle disturbing video and photographs. Ford Shelly’s 9 year old daughter is distressed at Anna’s condition on this video and says that Howard gave Anna Nicole something from a bottle with red stripes. The photo shows Anna Nicole cradling her deceased son Daniel. The photograph was heartbreaking and disturbing at best.In contrast, Howard K Stern and his defamation attorney Lin Wood appeared on the Larry King Live show on October 10th and accused Anna Nicole Smith’s former bodyguard and friend, Moe of stealing and distributing the photo of Anna Nicole and Daniel after he died. The same photo that Ford Shelly has possession of and brings to the Geraldo interview which would seem to vindicate any accusations of theft by Moe. Check them out. Draw your own conclusions.Transcript
Court motions this past week. Howard K Stern was in California courts recently to file a couple of motions. The first was a request to declare that Dannielynn Birkhead be named the "sole heir" of her mothers estate. The second was Howard K Sterns request to be paid 6% of any recovery that may be made from Anna Nicole’s inheritance battle with the estate of her former husband, J Howard Marshall.
Maurice Brighthaupt aka “Big Moe”, Anna Nicole Smith’s former bodyguard and friend has placed a bulletin on his MySpace page.
He states the following concerning a rumored recent illness.
I didn’t have a heart attack or a stroke. Thats just misinformation from a tabloid Magazine, but thanks for your prayers and support. And by the way Ford Shelly just said on Geraldo he put out the pictures of Anna. So someone owes me a big public apology don’t you?
“Someone” certainly does owe you a big public apology Moe. But I would not hold my breath. It takes courage and fortitude to admit you were wrong and apologize. “Someone” doesn’t seem to have that quality.
Later on, this site will have more coverage of last nights Geraldo show which vindicated Moe. There will also be video for those that missed the show.
The National Enquirer and TMZ are the internet sites that reported that Anna Nicole’s Big Moe was the one to have the heart attack. Actually it was a rap artist that also uses the name “Big Moe”. Thanks Vivian…
The Bloggers’ FAQ on Online Defamation Law provides an overview of defamation (libel) law, including a discussion of the constitutional and statutory privileges that may protect you.
What is defamation?
Generally, defamation is a false and unprivileged statement of fact that is harmful to someone’s reputation, and published “with fault,” meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.
What are the elements of a defamation claim?
The elements that must be proved to establish defamation are:
a publication to one other than the person defamed;
a false statement of fact;
that is understood as
a. being of and concerning the plaintiff; and
b. tending to harm the reputation of plaintiff.
If the plaintiff is a public figure, he or she must also prove actual malice.
Is truth a defense to defamation claims?
Yes. Truth is an absolute defense to a defamation claim. But keep in mind that the truth may be difficult and expensive to prove.
The National Enquirer broke the story that former bodyguard and friend of Anna Nicole Smith, Big Moe has recently suffered a heart attack and stroke. We wish Moe well and hope that he will take care of himself and realize a complete recovery.
Access Hollywood had part two of Moe’s interview this evening. Moe said that his biggest regret concerning the day that Anna Nicole Smith died is that his first phone call was not to 911 but to Howard. He would like everyone to know that Anna was not an out of control junkie but deeply depressed.
Moe told AH Tony Potts when questioned that Howard did give Anna Nicole drugs and also injected her with B12. Sometimes though he said the injections were not always B12.
Larry Birkhead was said to give Anna Nicole drugs too and at times seemed to have the intention to make Anna Nicole look “out of it”. When contacted by Access Hollywood, Larry’s response was “Moe has no credibility”.
Speaking of credibility, this whole tragedy and many of its players are lacking the same. One says one thing and then another. Sworn statements are made and then revoked.
Even supporters and detractors, the regular non celebrity, declare war on each other. Alliances are made and then broken. Cult like and lynch mob behavior is rampant in some circles. It’s gotten way out of hand.
Will there ever be a conclusion to this story? Probably not, but one thing is for sure. Most of us never thought that the life and subsequent death of a B list model actress could cause such a world wide controversy. However, as always, may Anna Nicole and her son Daniel rest in eternal peace.
In case you missed it the other night, here is the video clip of Howard and his attorney Lin Wood accusing Big Moe of theft. (Video will be reposted later).
Tony Potts has interviewed Maurice (”Big Moe”) Brighthaupt. The Access Hollywood segment begins showing a previously recorded clip made soon after Anna Nicole died. Potts states that Big Moe has always supported Howard K Stern 100%. Until now.
Howard K Stern and Lin Wood appeared on Larry King Live last week and both accused Moe of stealing the “tarter sauce” photos.
Click > Howard K Stern Blames Moe, Wood Flip Flops On Which Pics for the full details and how Howard and his attorney really never made it clear which pictures they were accusing Moe of stealing. The pictures of Daniel that Howard was talking about were taken of Daniel after Daniel died. The photos that Lin Wood referred to were apparently taken 2 to 3 weeks before Anna Nicole died.
Moe says it got to the point where he had to say something. He also states that he has been harassed by both Howard and Lin Wood. Wood through threatening letters..
Moe also says “He (Howard) has got on national TV and called me a thief and a liar. He said that I took pictures. Pictures that should have not been taken in the first place”.
Access Hollywood then showed the pictures that were taken of Anna Nicole where she appears unconscious and has appeared to have vomited.
Moes answer to Tony Potts question of a gay sex video that is claimed to exist in Rita Cosby’s book was, “I have never seen any video. Or any behavior that says that HKS is gay”.
Part two is to air tomorrow where Moe reveals “Anna was not an out of control junkie, but a woman that was deeply depressed”.
Info : Please, resolve the addition below before post any new comment...
Guest_67 : "woods" is different?
Guest_67 : just watching lucky with her 'meself' flame topix. and intrigued is a word for the wise? has Jackie resonded to the lawsuit? kwim?
Guest_4257 : hey is anyone home??
Guest_115 : Good word. Cookoo!
Guest_3870 : Why is L so attached to the *M*ss* word. She says it's not her, yet threatens about court. Is this *other* person who is not her know she's speaking for her? wink:>
Guest_1452 : gee looks like repeats on topix. someone is cookoo.
Guest_1452 : well I didn't mean to imply that LB told the truth. Who to believe him or HKS? LB blamed Anna. HKS said he didn't know nothing about nothing. I think that was a 'fake' fight. You know they knew what they were going to say.
Guest_3341 : What about verdict search?
Guest_1274 : verdict search
Guest_3341 : No, Larry Birkheads testimony was not truthful. He directly contradicted what Howard said and then got mad at him for not helping him out. That is when he started looking for a house in KY. Now he got bribed with a reality show so the butt buddies are all better now.
Guest_890 : what's the deal with the L. Wood trials? who's gonna search thru all of state pacer records for those?
Guest_1452 : LB did testify around the middle of March. He said Daniel stole methadone and Anna gave him some and ecstacy.
Guest_4257 : Maybe Larry testified via, a video, or on a computer with the mic and camera, or they had him go to to a legal dept, and they took his statement.. Many ways of testifying with out going to the Bahamas.I believe what Larry says, I think he tols less lies than anyone else in that court room.And besides, why not believe him?? I would believe it of Anna. Mish,HI, QV HI. i got the flu , and lost my voice, EVERYONE is so happy, I can't talk. lol
thoughts : so larry did testify?
Guest_2801 : The Bahamian jury said accidental overdose.Birkhea d's testimony was valid, he was credible witness.
thoughts : II thought larry didnt go to the bahama inquest because he was sick
Guest_3092 : and why in god's name would anyone believe larry birkhead? that girl has lied so many times her nose must be the size of texas by now,.
Guest_4333 : 1789,Birkhead's testimony at Bahamas inquest march 2008. 8-)Daniel stole his mother's drugs.Anna gave Ecstasy to Daniel, and Methadone for his' back pain'.
I am Mish : Ok I sent you an email...Question
I am Mish : QV are you here?
Guest_1789 : guest 4333, where did you hear that at? Birkhead testified where?
Guest_4333 : Birkhead's testimony was clear.Anna gave ecstasy to Daniel and Methadone for his 'back pain'.The whole world heard the testimony except people who refuse to accept reality and facts.
Guest_ : finally agree with DD. R pretended not to know about tm! but wrote about it. either her or ken is real good at keeping up with topix.
Guest_743 : Thanks for all the pacer docs QV. Haven't said that in a while. Is the Cosby case coming up soon?
Guest_387 : Did Casey Anthony come home on the 15th and Cindy didn't call til the 16th? I'm not sure because Lee went and got her things from Tony's.
it was : Attention any kind good or bad thats all Attention
Guest_1506 : you think? she put that info about herself and then blamed others for her saying it was her info.
it was : I mean a very uneducated twit. I want to give credit where credit is due.
it was : flowerz is a twit
Guest_1506 : flowerz is so mean to virgie. virgie looks better than she does.
it was : zenidas car and caseys zenida had similar looking cars but different makes
it was : it was different cars they looked simiular
Guest_3212 : different car and number of children. I'd have to go back and look at what she told police.
Guest_3212 : Casey Anthony filed suit against Zenaida Gonzales for harrasment and "embarrassment ". OMG. she says it was another Zenaida she told police that took Caylee.
QV : Pixie, there is no way to retrieve lost messages from this thing. Sorry about that
Guest_2545 : #11 how do you know Anna gave him the methadone? couldn't he have just taken it at the hospital from her bags? are you saying she is a M*?
11 : 60 gunner is sick and tired of people who try to present Anna Nicole as a victim, American Princes Diana",...etc.S he destroyed her life with drugs and alcohol and she gave drugs to her own son.She was responsible for his death.
Guest_2186 : I think that 60 gunner from the mountains of Chattanooga is a man. No way is that a woman.
Guest_1394 : Missy B. Jackie Hatten and other Anna's "best friends" have zero credibility.They will not improve Virgie's tarnished reputation.
Guest_3721 : I see one of the rosenuts flowerz is harassing Missy this morning on Topix. Witness intimidation tactics are the name of their game lately it seems.
Guest_1394 : Topix is dead.
Pixie : QV my chatter got caught in the spammer .. could you filter it out for me (A)
Guest_1352 : why does ava keep pretending to be pregnant? July would mean she's just now conceived. Did spitfire have her baby?
Guest_1352 : wow someone's been busy reading old blogs from feb/march 07 on tmz. they did that research OUT IN THE OPEN. Lynda-1 was famous for posting all old posts.
Guest_3745 : LOL looks like it'll be another repost weekend like the susiehomemaker posts.
Guest_3745 : well they tried to get Rita for witness tampering and Dr. Wecht for someone leaving a "note" on one of his employees desk.
Guest_3721 : "i say", that was great information. I just wondered if there was a difference between a civil versus a criminal trial though. I would say the same goes for a civil trial, no?
Guest_4376 : You should post that on Topix. This is not just normal arguing on a public board. Its threats and intimidation. Hope they get in trouble for it.
Guest_1779 : one of the worse ones is the United States poster. Her's were extreme back in April after the court hearing. Keeps saying she's going to submit to court tht others committing perjury, judge watch dogs etc.
i say : a few actions towards witnesses that are considered tampering:
Harassment
Threats
Coercion
Bribery
Extortion
Blackmail
i say : hope that helped with your question Guest_3721
i say : i think that can be the same as accusing an attorney for buying a judge or worse accusing a judge of taking that buy. seen it written yesterday from someone on topix bad bad bad thing to intimidate and accuse an officer of the court.
i say : Intimidating a witness is a serious violation in the eyes of the courts. If you are charged with witness tampering you will need to have a very good attorney to plead your case for you. The courts do not look highly on these types of charges and the penalties are usually very severe. This type of crime undermines the integrity of the criminal justice system and is seen as a direct threat to our society.
i say : Witness intimidation involves witnesses crucial to court proceedings being threatened in order to pressure or extort them not to testify. The refusal of key witnesses to testify commonly renders a case with inadequate physical evidence void in a court of law. This is a significant problem that has many lawmakers considering tough penalties for intimidating a witness; in the state of Kansas, it is a criminal misdemeanor, or, if found to be aggravated, a felony.
i say : 2162 why do you ask
i say : the person intimidating the witness would be the one who would be in trouble
Guest_2162 : 3721 - what is your problem?
I am Mish : I read it the other day when I was accused of being someone and i went to the link that they said i should read that I was bad and I didnt see anything I wrote bad but I did see that persons letter.
I am Mish : I read that it was a maybe sunny person who admitted sending info to harvey.they said this to people in a letter of apology.
Guest_3721 : Can you know who get in trouble for witness intimidation even though it is a civil trial?
