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The Life and Death of Anna Nicole Smith

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Next Up Virgie Arthur vs Howard K Stern and CBS Studios

November 7th, 2008 by QV

Now that Howard K Sterns defamation lawsuit against Houston attorney John O’Quinn is tentatively settled, it appears the wheels will start turning in Virgie Arthur’s defamation lawsuit against Howard K. Stern and CBS Studios in the Southern District Court in Houston Texas.

There has been a protective order issued by Judge Lee H Rosenthal in the case, just as there has been in all the other cases that have arisen out of the tragic death of Anna Nicole Smith and her son Daniel.

One of the sections of the order says “confidential information shall not be used for purposes other than in connection with this case”. However, we saw Rita Cosby in New York who is also being sued by Howard K. Stern, freely hand over her deposition as well as those of investigators Don Clark and Wilma Vice to the Florida case.

Howard K. Stern was the only person who objected to having his deposition used from the Cosby case and he is the Plaintiff in both cases. Not too long after, the Florida case is tentatively settled. Could the same happen here?

Protective order: 110408_Arthur_vs_Stern_CBS_100.pdf

In the same case, Federal Correctional Institution inmate Jonathan Riches was denied a request to join in Mrs. Arthurs suit: 110508_Arthur_vs_Stern_CBS_98.pdf

And here is a copy of the docket for this case: Arthur_vs_Stern_et_al_Federal_Docket.html

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Arthur - O’Quinn - Stern Lawsuit Updates

October 30th, 2008 by QV

The numerous lawsuits arising from the death of Anna Nicole Smith are all moving forward. Notable is that most of these suits have protection orders in place for at least a year and a half so the public will have to wait to see some of the more supposedly sensational material.

In Howard K. Stern vs Rita Cosby and Hatchette books, investigators Don Clark and Wilma Vicedomine gave depositions. Counsel for Stern in the Florida case of Stern vs O’Quinn requested to use not only those depositions but that of California Private Investigator Jack Harding who says he spoke to Anna Nicole’s son Daniel before his death. Harding says Daniel expressed fear and mistrust of Howard K. Stern’s involvement with his mother. When Daniel died unexpected and tragically in the Bahamas visiting his mother and meeting his newborn sister, Harding’s business card was found in Daniel’s pocket.

O’Quinn offered no objection to the use of those depositions which are protected from public view but Georgia defamation attorney Lin Wood for Stern would not allow Stern’s deposition to be used. Counsel for Rita Cosby also allowed her deposition to be used in Stern vs O’Quinn. Don Clark gave a deposition in Stern vs O’Quinn as well for a total of two that will be looked at in the Florida case.

A customary mediation hearing in Stern vs O’Quinn scheduled for today had to be postponed due to Florida attorney Robert Klein suffering from the flu. A call was made to Sterns counsel Lin Wood that went unanswered so Klein asked co-counsel Krista Barth to reschedule the hearing. She refused to reschedule but an emergency motion to Judge Rosenbaum resulted in the hearing being postponed.

103008_Stern_vs_OQuinn_241.pdf

103008_Stern_vs_OQuinn_240.pdf

November 4th at 4:00pm there will be a status conference in the US District Court case in Houston, Texas of Virgie Arthur vs Howard K. Stern and CBS Studios

And last but not least, a little comic relief in Arthur vs Stern and CBS Studios.

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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.

Read the rest of this entry »

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Another Denial in Stern vs OQuinn

October 1st, 2008 by QV

Howard K. Stern attorney Lin Wood requested email communications between freelance reporter Dawna Kaufman and O’Quinn investigators Don Clark and Wilma Vicedomine in the Southern District of Florida defamation case of Stern vs O’Quinn. That motion was denied by Magistrate Judge Robin Rosenbaum.

Stern had argued since some investigative work produced by Clark and Vice was not deemed to be work product because it was shared with third parties, a series of emails between Ms. Kaufman and the investigators should also not be covered under the work product doctrine. After an in camera review of the emails, the Magistrate said those materials are protected and will not be made available to Stern.   Read the rest of this entry »

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Howard K. Stern Demands Default Judgment In Lawsuit

September 23rd, 2008 by QV

Howard K. Stern’s reply “in support of motion for entry of default judgment after assessment of damages by a jury and motion to set aside clerk’s default” was filed today in Stern’s defamation lawsuit against Virgie Arthur attorney John O’Quinn.

I must say in reading so many documents in the lawsuits that have been filed since the death of Anna Nicole Smith, this one is the most passionate to date. By passionate, I mean angry. It’s signed by Lin Wood.

Be sure to read 091908_Stern_vs_OQuinn_189.pdf after reading this reply. You will see that there were major disagreements as to what information was discoverable for Stern and what was privileged. O’Quinn says in 189 that the parties had an informal agreement to defer several depositions until after privilege issues were resolved. Meaning, arguments need to be cleared up concerning Stern asking for information covered by attorney work product doctrine. Those arguments eventually were settled by “in camera” inspections by  Judge Rosenbaum in the case of evidence gathered by investigators Don Clark and Wilma Vicedomine.

Now, Stern says that O’Quinn has fought all depo’s except a couple jurisdictional depos. As an observer, I remember depo’s being scheduled several times and then hearing or seeing nothing, wondered why they were not taken.

Anyway, read this rant about the tardiness of the answer to the lawsuit and see what you think. If the default is granted, Stern wants a jury to determine damages to his reputation  :-)

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Big Decision By Florida Judge In Stern vs OQuinn

September 3rd, 2008 by QV

A 65 page decision was rendered by Magistrate Judge Robin S. Rosenbaum in the Florida Southern District Court lawsuit that Howard K. Stern filed against Houston Texas attorney John O’Quinn and his law firm on various pending motions. The suit was filed by Stern alleging defamation by O’Quinn concerning statements that he made to media outlets after the death of Anna Nicole Smith while in representation of Anna Nicole’s mother Virgie Arthur.

In his statements, Stern alleges that O’Quinn made statements conveying that Stern murdered Anna Nicole Smith and her son Daniel Smith for financial gain. Also alleged was Stern kidnapped Anna Nicole’s infant daughter Dannielynn for the purpose of ransoming her to Larry Birkhead. Read the rest of this entry »

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The Sound and Fury of rose Amounts to Nothing

August 25th, 2008 by QV

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

*comments are closed for this entry Sealed

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Anna Nicole Smith. Once Again The Bloggers

July 31st, 2008 by QV

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.

Read the rest of this entry »

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Interviews, Howard K. Stern on Greta, Don Clark on SM Radio

April 9th, 2008 by QV

stern_on_greta.jpgdon_clark_fbi.jpg
Last night, two of the participants in the Anna Nicole and Daniel Smith death controversies appeared on two different venues speaking about the cases.Howard K. Stern appeared on Fox News Greta Van Susteren with his defamation attorney Lin Wood for the whole hour. A transcript is available on the Fox website along with a nine minute video of the interview.

Former FBI agent and Houston Bureau Chief turned investigator Don Clark appeared on Scared Monkeys Radio to speak about the results of the Bahamian inquest into the death of Daniel Smith.

The following is a rough outline of some of Mr. Clark’s comments to show host Dana Pretzer.

Clark: Focus in the inquest was switched to an individual who could not testify or come back and refute. The people that were there, their testimony was totally different from what we have heard and read before. There was a 180 degree turn.

The person that had the finger pointed at her that was listed as the responsible party, concerning drugs, types of drugs and doses taken.. that person was not there to testify. I will give the jury credit, when they heard that information, they had to be stunned.

Where things seemed to have broken down was that there was no real opportunity for the jury to compare factual information, testimonial information of what people have said in this inquest or other judicial proceedings. There are clear records. I’m not going to pull any punches, there were clear records of certain things that Howard Stern said in court in Florida and certain statements that Bahamian police have taken and that was totally different than what was said on the witness stand and by other witness as well.

The host Dana Pretzer asked what has today’s society done to contribute to this particular tragedy?

Clark: An old FBI agent said, it’s all about the money. I’ts about whatever a particular entity can get on camera or on film and be able to display and show. Unfortunately that is what it seems to be. Unfortunately for the viewing public, they only get what someone else has decided the public needs to see and hear.

This case, in my life, I have never seen anything like this, that has moved to the scale that it has. It seems certain outlooks and certain people have different views on things and they only paint those and paint the other party in the worst light whether they deserve that or not.

Clark: Bottom line, this pretty much closes the lid on this aspect of the case. I don’t know what could pop up now. I go back to the initial investigation. Even if the jury had decided an open verdict, an open verdict would mean they know something happened, they didn’t think it was an accident, they did not think it was a suicide, they just did not see enough facts and evidence to move it forward to the next level. Even if it would have come back with that, I just don’t see that there is enough evidence available in the Bahamas to be able to present to a regular court and jury to find someone guilty of something or to say there was no guilt here.

I take that back to the investigation from everything that I know about the investigation at this point. From the way that the scene was handled in the hospital, to the way that witness were handled, to the way the statements were taken, I don’t see that the evidence is there to make a case.

But the reality is if any person takes a look at transcripts in the Bahamas, and if statements were taken and analyzed properly, they will see that there was a lot of opportunity there for significant investigation to try to find out what happened in the death of Daniel.

Having said that, I think there is an opportunity to find out what happened in the death of Anna. I just don’t believe that the envelope should be sealed at this point. I think there is opportunity there to see what really happened in the case of her death in Florida.

Dana Pretzler: What can we in the media do to be fair in a case like this?

Clark: People want to surmise and come to their own conclusions but the way to find that is to follow the facts and not put a particular twist on it concerning the direction that you want it to go. If media sticks to facts and circumstances and not be so selective as to what pieces of sound byte they put out there then we can move on to the next program.

Just be a little more responsible about what they say about people that someone may have casually said to them and they don’t even know this person. This person is a nice person with a great reputation. Then all of a sudden one bit of info comes up and this person is terrible and that is not a good thing for a professional media outlet to be doing.

Pretzer concluded that this has happened in this case to all sides.

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Don Clark and Howard K. Stern On The Airwaves Tonight

April 8th, 2008 by QV

Tonight, Tuesday night, there is a double feature on the airwaves. Don Clark will be on Scared Monkeys Radio at 9:00pm eastern standard time.

Howard K. Stern will appear for the whole hour I am told, on Fox News Greta Van Susteren’s show, “On the Record”. Greta’s show starts at 10:00pm eastern standard time.

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