You Never Know What Will Happen Next

The Life and Death of Anna Nicole Smith

COUP DE GRÂCE:DON CLARK’S AFFIDAVIT SAYS IT ALL

October 7th, 2008 by Anonymous California
Don Clark

Don Clark

COUP DE GRÂCE:

DON CLARK’S AFFIDAVIT SAYS IT ALL

Summary: Former FBI special agent Don Clark has submitted into the record an affidavit in which he reveals his findings at the conclusion of an investigation into the circumstances surrounding the deaths of Anna Nicole Smith and her son Daniel. He concludes that Howard K. Stern was “intimately involved” in their deaths. His affidavit and its contents are now part of the legal record, which has been the objective of many, including this writer, who have believed Mr. Stern may have been responsible for the deaths of 39-year-old Smith and her 20-year-old son.

A day of reckoning

After two years of waiting, someone official has finally said what many have suspected to be true:

“(A)s an FBI investigator, I came to believe that Howard (K.) Stern was intimately involved in the death of both Anna Nicole Smith and her son Daniel.” (Clark Affidavit 2008, p. 4).

The words are those of Don Clark, former FBI Special Agent-in-Charge and current Investigative Strategist and Jury Consultant for the O’Quinn Law Firm in Houston, TX. John O’Quinn, attorney for Virgie Arthur, mother of Anna Nicole Smith and grandmother of Smith’s son Daniel, asked Mr. Clark to investigate the circumstances surrounding the deaths of Ms. Smith and her son. After a long and exhaustive search for the facts, Clark concluded his investigation by finding Howard K. Stern, Smith’s attorney, companion, self-proclaimed lover/husband and one-time father of Smith’s daughter, “intimately involved” in the deaths of both Anna Nicole and her son. On October 3, 2008, Mr. Clark signed a sworn affidavit containing his findings.

Who is Don Clark?

Mr. Clark was born in 1942 in Texas. He grew up in a modest household and was an excellent student by all accounts. In high school, he was class valedictorian. He went on to college and graduated from Prairie View A&M University with a Bachelors Degree in Engineering, completed course work for a Masters Degree in Public Administration at Long Island University, New York, and graduated from the John F. Kennedy School of Government Harvard University. After college, he served ten years in the U.S. Army where he was awarded the U.S. Army Air Medal for Combat Assaults and two Bronze Stars for Bravery while serving in Vietnam. He was selected by the Chief of Staff of the Army to command an Airborne/Ranger Company in the First Ranger Battalion.

In 1975, Mr. Clark joined the Federal Bureau of Investigations. He attended the FBI’s Executive Development Institute, was a trained SWAT member, bombing instructor, and police-training instructor. Among the high profile FBI cases Mr. Clark participated in, in 1979 he supervised the movement of the Shah of Iran from New York City to San Antonio, TX during the Iranian Hostage Crisis. In 1985, he supervised the investigation of the Palestine Liberation Front terrorist attack aboard the Achille Lauro cruise ship. In 1993, he managed the investigation of the 1993 bombing of the World Trade Center in New York City. In 1996, he was in charge of tactical operations during the Freeman crisis in Jordan, Montana.

In 1998, Don Clark coordinated and managed the investigation and prosecution of the dragging death of James Byrd, Jr. in Jasper, Texas. His involvement in the Byrd case earned him the U.S. Attorney General’s highest Award for Excellence for his efforts in the investigation and prosecution of those involved in the murder. Also in 1998, he was in charge of the investigation to locate FBI’s top-10 fugitive Rafael Resendes Ramirez, the “Railcar Killer”.

Mr. Clark served as a Special Agent of the FBI in Miami, New York, Washington D.C., Los Angeles, Newark, San Antonio and Houston. His assignments as an investigative agent and manager in the FBI included foreign counterintelligence, counter-terrorism, violent crimes, organized crime, drugs and other FBI investigative programs. Mr. Clark retired from the federal government on February 3, 2000 after 35 years of service (Business Wire 2003).

Some background

Mr. Clark, in his capacity of Investigative Strategist and Jury Consultant for the O’Quinn Law Firm, was asked by John O’Quinn to investigate Stern’s relationship with Anna Nicole Smith and Stern’s potential involvement in the deaths of Ms. Smith and her son. O’Quinn is the attorney for Virgie Arthur, Anna Nicole’s mother. Ms. Arthur believes Stern is responsible for her daughter and grandson’s deaths.

O’Quinn took Ms. Arthur on as a client when she fought Stern in Florida court in order to obtain possession of her daughter’s remains for burial in Texas. Ms. Arthur did not prevail in her bid to take her daughter home; instead Ms. Arthur was forced to attend her daughter’s funeral and burial in the Bahamas where the events were extensively covered by Entertainment Tonight, a tabloid-TV program with contractual ties exclusively with Stern and, prior to her death, with Anna Nicole and Stern.

Virgie Arthur made it clear to her Texas attorney that she believed Stern intentionally caused the death of her daughter and grandson in order to take custody of Ms. Smith’s newborn daughter Dannielynn, who stood to inherit millions of dollars if Stern prevailed in a lawsuit Ms. Smith was embroiled in with the Estate of her late husband, J. Howard Marshall, Texas oil tycoon. Upon hearing the accusations, O’Quinn enlisted the investigative services of Don Clark.

Over the course of Clark’s investigation, O’Quinn was apprised of the findings, which appeared to concur with Ms. Arthur’s suspicions of Howard K. Stern. During televised interviews of various sensational tabloid news programs, Mr. O’Quinn asserted Ms. Arthur’s beliefs. Stern’s reaction to O’Quinn’s televised utterances was to sue Mr. O’Quinn and the O’Quinn Law Firm for defamation.

It is in this context that Don Clark has written and submitted a sworn affidavit to show the court in the defamation matter that O’Quinn said on television only that which he honestly believed to be true and that his utterances were not made with malice.

The affidavit

For those who have always suspected Howard K. Stern played a role in the deaths of Anna Nicole and her son Daniel, Clark’s affidavit serves as a long awaited and welcomed affirmation. Until Mr. Clark’s legally entered affidavit outlining the crimes Stern allegedly committed, no legal institution had formally and officially acknowledged Stern’s involvement. Stern has never been formally accused by any official law enforcement agency. The Seminole Police Department found no indications of foul play and the Medical Examiner deemed Anna Nicole’s death an accidental overdose. An Inquest into the death of Daniel Wayne Smith, held in the Bahamas, came to the same conclusion.

Mr. Clark’s affidavit has changed all that. Those who suspect Stern of committing the ultimate crime can finally say their suspicions have finally been acknowledged in the arena of the Law. Allegorically, the charges have finally entered the halls of Justice. For Virgie Arthur’s supporters, this is a major coup. For this writer in particular, it is exactly what he has been waiting for. Approximately

100308_Stern_vs_OQuinn_203-28_ExhibitD.pdf

By: Anonymous, California

Related: All approximately 85 Summary Judgment documents.

55 Responses

  1. QV Says:

    Awesome!! Thank you so very much AC. Also all the documents that were filed Friday can be found here. Thanks so much!!

    http://annanicoleandhowardkstern.com/john-oquinns-motion-for-summary-judgment/

  2. Inquiring Mind Says:

    Great article! And Mr. Clark’s Affidavit is very strong and impressive. This is indeed, encouragement and unifying support for all the people who share the same opinions as Mr. Clark and Mrs. Virgie Arthur, including myself.

    Thank you for this article (”AC”) and for all the documents you make available QV.

  3. Carole Says:

    Bravo AC, I was hoping something would be posted here about this amazingly credible man! If the deaths of Daniel and Anna weren’t such a real travesty and tragedy, I’d almost believe between Mr. Clark, Mr. McCabe, and Mr O’Quinn that we have modern day musketeers (no, not mouseketeers!). I hear Mr. Clark is saying he won’t give up…my kinda man!

  4. AppleJack Says:

    Thank you AC and thank you QV for posting this article and the documents. Mr. Clarks affidavit is awesome. Thank you so much Mr. Clark, you have given us new hope that justice will be served. I will never give up hope that justice will be served and it is so nice to know that there are people like you, still working behind the scenes, to help dish up that justice.
    God bless you Don, Mr. O’Quinn, Mr. McCabe and Virgie and anyone else who is working behind the scenes, you all are in my prayers. I have every faith, that justice will be served up to Virgie, tomorrow would not be to soon. Again thank you, to all who are helping Virgie, without your help from what I have seen so far, justice would never come.
    Mr. Clark, Mr. O’Quinn and Mr. McCabe you are an awesome human beings!

  5. TheRestOfTheStory Says:

    This part of the article sums up my feelings to a T.
    Mr. Clark’s affidavit has changed all that. Those who suspect Stern of committing the ultimate crime can finally say their suspicions have finally been acknowledged in the arena of the Law. Allegorically, the charges have finally entered the halls of Justice. For Virgie Arthur’s supporters, this is a major coup. For this writer in particular, it is exactly what he has been waiting for.

    Thank you AC for writing the article and always thanks to QV to maintain a forum for truth and justice seekers.

    Mr. Clark, Mr. McCabe, and Mr. OQuinn I’m so proud to be on this side of the equation.

    Mrs. Arthur, keep standing tall and taking the high road. Bless you all.

  6. QV Says:

    From the box….. :- )
    10/07/2008 212 REPLY to Response to Motion re 192 MOTION for Protective Order as to financial discovery filed by John M. O’Quinn & Associates PLLC d/b/a The O’Quinn Law Firm, John O’Quinn. (Klein, Robert) (Entered: 10/07/2008)
    http://annanicoleandhowardkstern.com/100708_Stern_vs_OQuinn_212.pdf

  7. BamaCat Says:

    Impressive resume Mr. Clark!
    I appreciate all that you do for Virgie, Dannielynn, Daniel & Vickie Lynn.
    I don’t think Howard expected John O’Quinn, Neil McCabe, Don Clark or Wilma Vicedomine to stand up for Virgie’s right to know the absolute truth in the deaths of her daughter & grandson.
    All 4 of you make one hell of a team & are sincerely appreciated.

    Hopefully soon we will hear from Jerry Brown ASAP!
    This Sunday, October 12th will be one year so it is high time they got the show on the road already!

  8. BamaCat Says:

    Thank you AC for the wonderful article!

  9. RoseSpanks Says:

    Thanks QV for all the DOCs, I’ll be back in about 5 days, when I am through reading them all, to respond.

    LOL

  10. QV Says:

    Ha ha! You guys crack me up! :-) There are more than a few of us who are trying to plow through all of those and its a chore. Just think how much fun they all had writing those powerful words and putting all that evidence together. Very impressive. I am so happy you enjoyed AC’s article. He really laid it out about Don’s stunning affidavit.. I think I see a Don Clark fan club in the future. Of course like Cat said, lots of kudos go to Clark, McCabe, Wilma, O’Quinn and Klein and their staff. What a fine example of teamwork. Even if the judge denies the motion, a lot of good info has been put on the table. If I was Woody and Howard, I would not be expecting any type of settlement.

  11. Jill from Western Australia Says:

    Hurry up America…HK$ was in charge of the duffle bag of drugs - OUT of which both ANS & Daniel participated…. HE MUST BE CHARGED WITH NEGLIGENCE!!!!!!!!!!!!!!!!!

    He “SET UP” both Moe & Taz to find ANS dead whilst he “SWANNED OFF TO BUY A BOAT”…

    DO YOU HONESTLY EXPECT ME TO THINK HE IS INNOCENT????

    I DON’T THINK SO!!!!

  12. anonymous Says:

    I am going to shop around for reruns of the Anna Nicole Smith show to rewatch again. I do remember a good majority of those episodes where Anna appeared to be whacked out of her mind. It just would be sad too, though to watch Daniel in these episodes and what this poor kid was exposed to. To me that is a lot of evidence there.

  13. Carole Says:

    LOL…this is to Jill in Western Australia…sweetie, if we could, we’d just hogtie Howie, box him up and ship him to you for proper handling. I hear there are some STRANGE critters in the outback.

    Justice moves slowly here, but it gives all of us Virgie supporters time to chop up confetti for the celebration when it’s all over! :)

  14. Anonymous Says:

    God Bless Don C., John O., McCabe, Virgie, Anna, Daniel and Dannilyn.

  15. Mrs Marple Says:

    Just say it like it is! Always seems to work! Loved it! Thanks all of you folks that work so diligently printing the facts and keeping us abreast of the most recent information. I will never catch up! But, I believe I will enjoy the reading material.

  16. Anonymous Says:

    Jill from Western Australia Says:
    October 8th, 2008 at 9:01 am
    Hurry up America…HK$ was in charge of the duffle bag of drugs - OUT of which both ANS & Daniel participated…. HE MUST BE CHARGED WITH NEGLIGENCE!!!!!!!!!!!!!!!!!

    He “SET UP” both Moe & Taz to find ANS dead whilst he “SWANNED OFF TO BUY A BOAT”…

    DO YOU HONESTLY EXPECT ME TO THINK HE IS INNOCENT????

    I DON’T THINK SO!!!!

    *************************
    I do recall how upset that Taz was on her interview with Greta and we never got to see part 2 I wonder why?

  17. Dee Says:

    This was wonderful. Don Clark has a great reputation and is still investigating. I just love to read what the truth is finally. He is not going to stop and also I hope the Judge finally says that the Stern vs. O’Quinn is over soon.

  18. Mrs Marple Says:

    I must say, that after reading more material, how comforted I am that there are those out there that know the TRUTH and are willing to investigate and tell it like it is. It has been so frustrating that it has taken so long for something to happen. It is scary for Larry and Danielynn, I just don’t think Larry realizes that he is playing with a viper. While it could be true that Howard accidentally drugged Anna and Daniel to death, the things that he did before hand lead me to believe that he did it on purpose. Dang, I think they have more on HKS than they do on Casey Anthony and they are going to arrest her for murder. But, I know the Feds are still investigating ad they aren’t dummies, so patience for the day.

    Lin Wood: IMO and please don’t eat the daisies!

  19. Anonymous Says:

    Thank you AC, for such a wonderfully written article. You definitely understand how so many of us feel. Don Clark is my new HERO. Thank you Dream Team for caring and continuing to persue justice. Thank you QV for having a safe place to get the facts without spin, or mind games.

  20. freida1 Says:

    So little time, so many words…what about that sad man in the picture?

    You know a picture is worth a thousand words, right?

    So, how much was he paid? What is he worth?

    I read some of this…

    Just like I believe OJ was the only one responsible for what happened thirteen years ago.

    And, might I add that too, many people have something at stake…like ‘insider trading’…reminds me, although I like Martha Stewart, 6 months in jail just ain’t enough to repay the debt. So why is she still on TV?

    Or, what about XXXpres Clinton?

    Must be some really bad people in this world. Yet, you know if there weren’t no bad we wouldn’t know good.

    Or, would we?

    I finally bought a can of that really expensive crab meat and I don’t want to mess up the recipe for crab those crab cakes…

    Please send me the original recipe, if you get a chance.

    It really hurts when I come here and when I listen to those ‘bad news channels on tv.’

  21. freida1 Says:

    I don’t know why I keep checking that ‘remember me’ box?

  22. freida1 Says:

    “BINGO”

    lol

  23. freida1 Says:

    Dear QV,
    I was serious about the crab cake recipe.

  24. MJP Says:

    Now, if only all of the law suits could be settled. One day the madness will end…won’t it?

  25. freida1 Says:

    It just wouldn’t be ‘right’ if everyone stopped calling that pig…here Suey…

    I didn’t spell that right either, but does it really matter?

    Gosh as long as you can swear to tell the truth, the whole truth and nothing but the truth…on the Bible…and Government and Religion are separate…guess it never will make a lick of sense.

    But I do believe in babies and good…and if you shorten that word by just one little vowel what do you have…

    Something more perfect than us?

  26. freida1 Says:

    …I forgot to mention about spelling in backwards, LOL!

  27. freida1 Says:

    …or what about exchanging a vowel?

    Equals Lard?

    Can’t save nobody that don’t want to save them self…and you know if someone begged me to let them go easy…I’d reconsider after seeing what my mother went through…and she begged and begged and begged for mercy to the end.

    Do I feel guilty?

    You bet!!!

    Gee, my very first roommate took her life because I wouldn’t take her in and my mother choked and wanted a more pleasant ending.

    Do I feel perplexed?

    You bet!!!

  28. freida1 Says:

    OKay, QV,
    I’ve got the ‘wet’ crab cake recipe and think it’s gonna be a winner!

    Except it might fall apart if I don’t use the right ‘earl’ or don’t get that pan hot enough.

  29. freida1 Says:

    By the way, how is Jane?

    Guess ‘this one’ won’t fly?

    Gosh, you know I got my simple self forbidden and I’m almost gosh, darn proud of it.

  30. QV Says:

    Hi Frieda. Long time no talkie. Hope you are doing ok. Now, my daughter made the best crab cakes last summer but she made them from imitation crab meat and threw in some canned crab as well. I will have to get the recipe from her. We put some lemon juice on them and boy were they good!!! They held together good because she fried them in oil. I think I made a batch though that I baked in the oven and they were also amazing.. Let me get back with you on here soon and Ill post at least her recipe.

  31. QV Says:

    Freida, have not heard from Jane but I peeked at her site a few weeks ago. She seems to be going in a totally new direction. Don’t blame her for wanting nothing to do with this ANS story. I don’t think it has been fun for any site owner and/or bloggers or people who have really been involved due to the fighting. But you will have that in a case like this.

    Whatever she does I wish her well and hope for her success. I admire her talent and always will.

  32. QV Says:

    P.S. Freida, you mean banned? Well hun, you always have been pretty ornery. You are not banned here. I just have to rein you in a bit sometimes…lol!!

    You certainly will never be forgotten Freida. You definitely have made a name for yourself :-)

  33. RED Says:

    Hey guys, what a great thing to come home to.
    I love it…. GO DON !

    I havent had time to catch up anywhere. Thanks QV for the great site.

    :)

  34. freida1 Says:

    I would rather bake than fry.

    But, you know most of the time ‘fried’ usually tastes better…wonder if it’s true with a crab…get it?

    I only get ornery with those I love the most, I think. Funny how that works.

    Why does that guy in the picture look like he just swallowed a canary?

    I wish Jane well, too…she’s a ‘Writer’ that works…

    And, QV…by the way you don’t write bad yourself.

    That ‘Cat’ sure does have an over-active imagination!!!

  35. freida1 Says:

    I’ll always remember my friend Mary that reminds me of one of her favorite songs, by her favorite Artist…

    http://www.youtube.com/watch?v=mkI9wCk8jvw

    My friend Mary reminds me of Anna, I mean Vickie.

  36. freida1 Says:

    I was just wasting precious time and thought someone might remember, or appreciate this..

    http://www.youtube.com/watch?v=bHLEE46zvZc&feature=related

  37. QV Says:

    Hey Freida,
    My daughter could not find her recipe either but this one is similar. Its from the Governor of Maryland so it must be a good one. We put chopped green onions in ours.

    1 pound Maryland Crab meat
    1 cup seasoned bread crumbs
    1 large egg
    1/4 cup mayonnaise
    1/2 teaspoon salt
    1/4 teaspoon pepper
    1 teaspoon Worcestershire sauce
    1 teaspoon dry mustard
    Margarine, butter, or oil for frying

    1. Remove all cartilage from crabmeat
    2. In a bowl, mix bread crumbs, eggs, mayonnaise and seasonings.
    3. Add crab meat and mix gently by thoroughly. If mixture is too dry, add a little more mayonnaise. Shape into 6 cakes.
    4. Cook cakes in a frying pan in just enough fat to prevent sticking until they are browned (about 5 minutes on each side).

    *Note: If desired, crab cakes may be deep fried at 350 degrees for 2 to 3 minutes or until browned.

  38. anonymous Says:

    Boy that recipe above sounds very good. Just copied it and I may go out later to get the ingredients.

  39. freida1 Says:

    Wonder if I have the same kind, or sorta ‘crab?’

    Wonder how much ’shell’ I’m gonna have to pick out…think I paid for that, too.

    Sounds like an OKay recipe…yet, I think that there maybe more to the technique as far as the final cooking and maybe not fooling with it while it’s frying or something…

  40. freida1 Says:

    There must be something wrong with me, I’ve never been like this…like I’ve been this past year or so.

    Anyway I copied that recipe in ‘Word’ and it’s similar to the one I thought looked pretty good when Paula Dean had a man cook those ‘wet ones’ on one of her shows.

    She reminds me of my Mother-in-law…once married to an old harbor pilot.

    I think I’m gonna add a little red pepper to that recipe and maybe go for it…what do I have to lose…after all my husband paid for the crab meat.

    I’m so tired of watching those political celebrities…I’ve been watching more and more of those cooking shows and QVC…

  41. freida1 Says:

    So…

    Eager to please…

    Not to rush to Judgement…

    Like who’s gonna ever forgive…

    Howard Marshall,
    Hugh Hefner,
    or Howard K. Stern…

    ???

    And, what about a woman that lived in a shoe and had so, or too many, children she didn’t know what to do?

    So was she willing to sacrifice or did she give up trying to ‘reign’…

    Gosh, kids are a handful.

  42. freida1 Says:

    Forgot to mention that once ‘they’re here’ it’s too late.

    Hope larry knows now, what he didn’t know then.

    Ignorance is bliss!!!

  43. freida1 Says:

    Whoopsie…forget to mention that according to the law…

    That’s no excuse.

  44. freida1 Says:

    Not to worry…I’m sure those ‘H’s” are in charge of handling that estate.

  45. freida1 Says:

    Funny thing about those ‘H’s’…here (where I live now) you never pronounce them.

    So are you going the Heck or El?

    Reminds me of Jekyl and Hyde.

    I remember the girls in the office in a new job I got telling me that I pronounced the ‘h’ when it should have been silent….

    I gave up…or I guess I just cave in or caved…

    Now I rather like being all alone.

  46. freida1 Says:

    So are you going TO HECK OR ‘EL?’

    …not ‘the’

  47. freida1 Says:

    Reminds me of another job and another working gal, that thought it was nice to cut me down from the start and tell me it was improper to say ‘you guys.’

    Of course, she didn’t relate that way…and didn’t mince words the way I do.

    Hope she’s happy!!! Well I really do, even if I don’t.

  48. freida1 Says:

    You know QV,
    Might be nice to have your daughter’s special touch on that recipe for those crab cakes.

    I’m still willing to learn, but I’m darn stubborn, I guess.

    Baking is science!!!

  49. Mrs Marple Says:

    Frieda:

    I think I am the Old Woman that Lived in a Shoe! I have not had a crab cake in years. The sound so good. You know they sell crab cakes on QVC. So, If all else fails feed the crab to the kitty and charge it! rofl Let me know how your crab cakes come out!

  50. freida1 Says:

    Crab cakes were a little, too spicy with the red pepper, although I only added a little finely diced…should’ve used spring onions or chives.

    The first batch kinda fell apart a little and so I added more bread crumbs and the second batch came out pretty nice.

    Not bad for my first attempt and I do tend to go a little overboard sometimes.

    I froze some, hope that’s OKay…

    The ones on QVC are probably what tempted me in the first place and even when they were on sale, with free shipping, and what’s that split payment plan called…oh, yeah ‘Charge it.’…

    You never know what you’ve got ’til it’s gone…I grew up eating free seafood and now I don’t like to pay for it.

    I will perfect the recipe…just give me time and that will be at least a month…when I’m done eating the one’s I’ve made.

    What ‘thread’ is this…

    How is HKS?

    Still think the greatest line was that one about a lawyer sleeping on a couch.

  51. QV Says:

    I can’t stand anything hot so mine are always bland. I love em though. Now I have to make some too :-)

    Don’t know anything about HKS. You’ll have to check Rose’s for that news.

  52. freida1 Says:

    There’s gotta be more to BC than meets the eye.

    It kinda hurts the eyes.

    I usually try not to be serious.

    Of course, I’m pretty sure that this has something to do with those ‘H’s.’

    Jumbo Lump.

  53. freida1 Says:

    You know I actually think makin’ those cakes is a whole lotta trouble…

    Why not just make a sandwich, with lot’s of mayo and fresh bread, and have a few chips on the side.

    Darn it, and the ‘Scarecrow’ used to be my favorite.

  54. freida1 Says:

    I thought you might like this…

    Especially, I thought maybe our daughters…

    Nice to believe in a few good men, and those that speak louder ‘for us’…

    And I’m not talkin’ about America…

    http://www.youtube.com/watch?v=be38U2×8jj8&feature=related

  55. Prarie View Texas A&M Honors Don K. Clark | The Life and Death of Anna Nicole Smith Says:

    [...] good friend of mine wrote a nice article about Mr. Clark, his life, career and fine credentials. After reading that, I was not surprised to [...]

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