The second anniversary of the death of Anna Nicole Smith is upon us. She died two years ago today on February 8^th, 2007. I was a fan of her reality show and watched her personal appearances. I saw radio shock jock Howard Stern berate her for weight gain and I celebrated with her when she debuted slim and triumphant as the spokeswoman for Trimspa. She then ended up having the second child she always wanted only to have her beloved son Daniel die three short days after the birth of baby girl Dannielynn Hope. Five months later Anna Nicole Smith was also gone.

That’s why I started this website. It was called “A Mothers Last Wishes”. I already told the story of this blog and the blog war that ensued in this series of articles. A year has passed but what I said then is what I would say now if I were to write that part all over again.

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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, Anna Nicole Smith’s mother, Virgie Arthur filed through her attorney, Neil McCabe from the O’Quinn Law firm of Houston, Texas, a lawsuit charging defamation and conspiracy to defame. The suit was filed in the 190th Judicial District of Harris County Texas. McCabe names as defendants, Howard K. Stern, his sister Bonnie Stern, Art Harris of artharris.com, Harvey Levin, managing editor of TMZ.com, the Corporation of TMZ, blog owner Rose Turner of rosespeaks.com and two of her moderators, Lyndal Harrington and Teresa Stephens.

The lawsuit stems from an article published by TMZ.com entitled “Virgie Has Son With Step-Brother”, along with a broadcast by Entertainment Tonight where Anna Nicole Smith along with Howard K. Stern made allegations toward Mrs. Arthur of hatred and abuse.

Below you can read the lawsuit and also a sworn witness statement from yours truly.

042108_Arthur_vs_Stern_Stern_Harris_Levin_bloggers_new.pdf

042108_Waddle_sworn_statement.pdf

A history making document concerning the Anna Nicole Smith story was filed today in the defamation lawsuit, Virgie Arthur vs Howard K. Stern, CBS Studios, INC. and KPRC Houston.

Arthur’s attorneys today requested to add additional defendants to the suit. Those persons/entities are as listed in the filing, Bonnie Stern, the sister of Howard K. Stern, TMZ Productions, Inc. and its managing editor Harvey Levin, Nelda Turner the owner of the website RoseSpeaks and Art Harris an Atlanta, Georgia based professional journalist. Arthur’s attorney Neil McCabe of the O’ Quinn Law Firm is asking the court to add the additional parties by March 28, 2008. Read the rest of this entry »