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.

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Just picked up a copy of US Weekly magazine. This blog does not correctly process question marks in the title. If possible, I would have placed a big question mark ??? behind the “Tombstone for Anna Nicole” part.

US magazine published a story about the arrival of Dannielynn’s 2nd birthday. She sure is a cutie and I hope she had a wonderful time.

As I read the article, I came upon this paragraph quoting Larry Birkhead;

What does this birthday mean to you?

…Today I’m toy shopping; last week I was tombstone shopping for Anna’s grave. [He and Howard K. Stern plan to put it on her Bahamian grave to commemorate what would have been her 41st birthday on November 28]

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Part II.

In writing these articles we hope to alleviate fears, encourage individuals to stop posting harassing threats of imminent lawsuits and educate ourselves and others as to exactly what constitutional protections are afforded to each of us. We also hope that these articles stimulate debate on the topic of internet postings, the right of free speech and the limits imposed by the current case law.

Freedom of speech is at the heart of America’s unique sense of liberty and democratic values. Justice Louis Brandeis wrote in Whitney v. California (1927), that

“freedom to think as you will and to speak as you think are means indispensable to the discovery and spread of political truth… order cannot be secured merely through fear of punishment for its infraction; that it is hazardous to discourage thought, hope and imagination; that fear breeds repression; that repression breeds hate; that hate menaces stable government; that the path of safety lies in the opportunity to discuss freely supposed grievances and proposed remedies; and that the fitting remedy for evil counsels is good ones… the best test of truth is the power of the thought to get itself accepted in the competition of the market.”

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Those of us who have been following the investigations and subsequent lawsuits surrounding the deaths of Anna Nicole Smith and her son Daniel Wayne Smith have at one time or another been threatened with exposure to lawsuits, physical violence and other sundry unmentionable acts. At times, I have felt embarrassed, humiliated, angered, outraged, amused and frustrated. But lately the dominant emotion has been disbelief. Disbelief, that human beings can behave in a manner that I never imagined before joining the list of interested citizens reading and voicing my opinion on the subject.

Many have expressed their frustration over the perception that their fundamental right to free speech has been threatened and at times thwarted by persons involved in this whole mess of a media and legal circus. Most of these rants have no basis in fact or law and the problem is easily remedied by simply clicking on the “red x” in the corner and retiring with a good book. But not all the concerns expressed can be so casually dismissed. As tawdry and at times silly as some of this is, there are profound legal and moral issues involved.

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I just read a great article that highlights why bloggers among others are being sued by Anna Nicole Smith's mother, Virgie Arthur.

The main hench woman is Nelda Rose Turner aka rosespeaks.com, appointed by Howard K. Stern's sister Bonnie Stern and family as legal liaison for Howard K. Stern and his attorney's. She has led the internet blog world attack against anyone perceived to be a threat to Howard K. Stern. Its all there, quoted and dated word for word.

Check out the article  http://the-red-couch.blogspot.com/2008/08/sound-and-fury-of-rose-amounts-to.html

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As I wrote a few days ago, there are many facets and people from all walks of life involved in the story of the deaths of Anna Nicole Smith and her son Daniel Wayne Smith. One sector is the infinite world of the internet and its bloggers.

Howard K. Stern's attorney Lin Wood wrote a piece entitled "Litigating in the Court of Public Opinion". 

I personally have not read any of his work but the title is intriguing in that some of the folks in the internet part of this story are what I consider warriors for the truth. Their truth. These warriors come from all over the world.

Those of like minds who have gathered together to discuss this case are very passionate about it. They are shaping public opinion. Some realize it and work hard at it. Some just like the discussion and arguing. However they indeed are making a difference concerning what the public thinks about the premature deaths of Anna Nicole and Daniel. And they do matter and will be heard in the various lawsuits. Maybe not right out front but they are there. And so am I.

I suppose that is why Mr. Lin Wood checks in on my site most every day. He knows from experience that we are a part of these cases. I’m kind of busy in the summer time so I don’t have too much to say. Things will be more active as we move into fall Mr. Wood, so keep checking back.

Without further commentary from me, I would like to present another article written by the blogger known as Einy. Her group experienced first hand how involved and even scary this case has become for some of us that are said to be unimportant. And as these civil lawsuit cases move on, I fear more of the same of what Einy is writing about.

Click on over to The Red Couch to read “Trick or Treat, Why Go to a Costume Party Without a Costume?” Written by Einy..

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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.

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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.
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Today, a compelling argument was presented by Virgie Arthur attorney Neil McCabe of the O’Quinn Law Firm. This concerns the late Anna Nicole Smith mother’s lawsuit against bloggers Rose and Ken Turner in conjunction with her defamation action against Howard K Stern and CBS Studios. Other defendants requested to be added to the suit include journalist Art Harris, Harvey Levin and TMZ.com, Bonnie Stern, Howard’s sister and two moderators from the Turners website, Lyndal Harrington and Teresa Stephens.

The Turners, seeking to transfer venue in a manuver to sidestep a subpoena requesting their computer records, cite First Amendment objections. At the same time, McCabe outlines how Mrs Turner on her website “objects to the subpoena in religious terms relating to her domestic practices”. For those not aware, Mr and Mrs Turner practice the BDSM lifestyle and apparently have attempted to claim the lifestyle as a religion in statements made on their internet site.

An interesting notation is how Turner’s commentary sparked internet discussion prompting the creation of an article published on The Red Couch by bloggers known as Kerry and Einy. The article title pretty much says it all.

Read; Why Being Made To Sit In The Corner Is Not Foreplay Or Worship,The Anna Nicole Smith Saga Through Rose-Colored Glasses.

The Sur-Reply filed in the United States District Court of Eastern Texas. 060408_Arthur_Sur-Reply_Turner was provided by one of our members. Thank you.

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Nelda and Kenneth Turner who are being sued for defamation by Anna Nicole Smith’s mother, Virgie Arthur, have filed a motion with the United States District Court for the Eastern District of Texas to move their case to the Southern District Texas court. The documents state so they can be consolidated with the other lawsuits related to this case.

Attorney Michael Meyer for the O’Quinn Law Firm, rebuts this motion saying that the Eastern District is indeed the proper place and states that subpoenas were issued in the Eastern District and should be enforced in the same place as so far the Turners have not produced potential evidence as asked for. You can read the lawsuit documents below.

*Edited to add latest filings

051908_Turner_motion_to_transfer.pdf

052008_Arthur_opposition_motion_to_transfer.pdf

052008_Arthur_Exhibit_A.pdf

052108_Arthur_reply_Sterns_motion_dismiss_jurisdiction.pdf

Exhibit A is; 051308_Von_Waddle_full_interview.pdf

052108_Exhibit_B_RoseSpeaks.pdf

052108_Exhibit_C_Waddle_email_excerpts.pdf

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