Anna Nicole Smith’s mother Virgie Arthur’s conspiracy and defamation case against Howard K. Stern, his sister, Bonnie Stern, Journalist Art Harris, TMZ, Managing Editor of TMZ - Harvey Levin and bloggers Nelda (Rose) Turner, Lyndal (Lynderella) Harrington and Teresa (Butterfly) Stevens is underway.

Arthur’s attorney Neil McCabe has filed a motion to compel Howard K. Stern to produce information requested with exhibits. McCabe has also filed a “Designation of Expert”. Stern has previously filed his objections to requests for documents and information concerning emails and web postings and they are included with the exhibits. A hearing is scheduled for December 10th to discuss the email issues outlined in the documents.

A Mr John Mallery of Kansas City Missouri has been designated as an expert witness who may testify concerning forensic examination of various computer hard drives. His resume of credentials and publications are attached to the document.

With the circumstances being that I am a witness and a “former co-conspirator” who has agreed to cooperate in this case, my personal comments will be limited to preserve the integrity of my probable testimony.

This case will be interesting in many ways as the internet is still young as far as lawsuit precedents and law governing the internet that may be needed in the future.

That being said, you can read the motion to compel and the exhibits in support thereof as well as information concerning the expert witness.

Arthur_vs_Stern_etal_Expert_Designation

Arthur_vs_Stern_State_Motion_To_Compel_Stern

Arthur_vs_Stern_Motion_to Compel_Stern_Exhibits

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Regarding the defamation suit of Howard K. Stern vs John O’Quinn. With an extension of time granted to Texas attorney John O’Quinn re a mediation hearing that was to happen on October 30th, quite a few people following this case were surprised to wake up this morning to see the mediation did indeed go forward on the previously scheduled day and the case was settled!

So far the details are confidential and are not expected to be published. The question around the internet is which party wanted to settle? Readers remember that the lead attorney for John O’Quinn in this case, Richard Klein, was forced to file a motion to reschedule the customary mediation hearing due to a bad case of the flu. Howard K. Stern’s co-counsel, Krista Barth was asked for the courtesy of extending the mediation and she refused, forcing Klein to file the motion. The extension was granted by Magistrate Judge Robin Rosenbaum.

As I was reading the chatter about this case on a Topix forum, I came to a post by an alert blogger stating that Lin Wood’s firm Powell Goldstein LLP who represents Howard K. Stern is being sold. This link to the Atlanta Business Chronicle was given. “Powell Goldstein to Sell to St. Louis Firm”.

Everyone will draw their own conclusions concerning the urgency to settle and the willingness of O’Quinn’s reps to attend a mediation that was already rescheduled by the judge. With the announcement of the sale of  POGO Law under dire circumstances, I know what I think about it. And it makes me wonder who got the short end of the stick in this deal.

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Motion requesting court for relief of obligation to produce defendants financial records and proposed order.

103108_Stern_vs_OQuinn_243-2.pdf
103108_Stern_vs_OQuinn_243.pdf

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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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Annanicoleandhowardkstern.com would like to say a big thank you to “Einy” for her contribution to the site. She has transcribed for us, the whole Anna Nicole Smith burial hearing from February of 2007.

Each .PDF is in the order of testimony heard. Please everyone, join me in thanking Einy for her hard work and contribution.

Anna_Nicole_Smith_Burial_Hearing_Participants.pdf

Direct_Examination_of_Howard_K_Stern.pdf

Cross_Examination_of_Howard_K_Stern.pdf

Direct_Examination_of_Virgie_Arthur.pdf

Direct_Examination_of_Virgie_Arthur_Part2.pdf

Re-examination_of_Virgie_Arthur.pdf

Re-examination_of_HKStern_Feb_21.pdf

Larry_Birkhead_1st_Day_of_Testimony.pdf

Larry_Birkhead_Re-examination.pdf

Larry_Birkhead_Cross_by_Pirtle.pdf

Larry_Birkhead_Testimony_by_Opri.pdf

Troy_Hollier_Testimony.pdf

Denise_James_Testimony.pdf

Ford_Shelley_Testimony.pdf

Billy_Smith_Testimony.pdf

Doctors_Testimony.pdf

Dr_Perper.pdf

Interesting_Exchanges_Between_Cast_and_Crew.pdf

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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 »

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We ended our last article with the discovery that the email address Bonnie Stern offered to my moderators belonged to a couple who openly practice the BDSM lifestyle. That would be “R” and her husband.

The researchers had not wanted “R” handling their work. Ms. Stern was well aware of that but offered the email address anyway. When asked, she said that it belonged to “the liaison”. It is safe to say that Bonnie was not above a bit of trickery and deception to keep the flow of information going to “R” no matter what.

Also, remember that Bonnie gave the email expressing concern for Howard’s reputation to “R” in addition to “R” blogging about receiving a phone call about “my” email from the “new attorney” in Lin Woods office. Ben Erwin is who I sent my email to. Read the rest of this entry »

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Subpoenas were served to the blog owners of RoseSpeaks by Virgie Arthur’s attorney Neil McCabe. One for each owner. They were served in conjunction with Virgie Arthur vs Howard K. Stern and CBS Studios Inc. and KPRC Houston

In addition to that, Attorney Krista Barth requested permission from the court to be able to appear as an attorney of record in the United States District Court, Southern District of Texas, Houston Division.

*Edit. I’m sorry that I did not read the last document that was posted here more closely. Attorney Barth’s request to appear in Houston was not yet signed by the judge so I removed it.  

Rose subpoena

Ken subpoena

Barth request

Also, there is a photo on the above mentioned site that is claimed to be “Einy”, a Virgie Arthur supporter and blogger. That photo is definitely not “Einy” but is a woman that is a Bahamian resident and is said to be a descendant of Norman Rockwell.

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Part V

When I look back through all the emails and the reactions of the loyal members, I feel great sadness. They were caught in the middle of some kind of shakedown and I did not know what to do about it. I received so many emails wanting to know what went on.

It was awhile before I could even put into words the betrayal that I felt but it was not only for me but for the people that had worked so hard and showed their dedication in so many ways.

I asked some of the members if they were ever told “thank you” when they sent their research to whomever and they said no.

I tried to explain that false accusations were made and I felt that their work had been taken for granted and was being used to put a feather in someone else’s cap. All the discoveries so far had pointed in that direction. Read the rest of this entry »

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Before you read this next section, I would like to make a statement about how this article was written. The facts in this article are supported by emails and old postings from this site’s former days. I am trying to share as many of the facts so that you can see them with your own eyes. Some things, of course, come from memory. I received an email the other day from a person that was involved in this story about a minor mistake concerning the method in which we communicated once. No problem, I changed it. So there you have it. Some have called this story into question, however I have the evidence to prove facts that are written here. I know its a bit tedious to read, but it will clear up a lot of questions that many people have had for a long time.

Part IV

I received that email from “R” that practically ordering me to take an article down, in no polite terms. I was stunned and did not have time to reply or ask questions because six minutes later, I received an email from her that said, “I can’t be traced back to your blog via O’Quinn’s threat to sue anyone that libels Virgie….. I need you and “H” go in and take down all of my writings and posts… I am NOT going to be sued and I need that all taken down ASAP”. Read the rest of this entry »

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The members of this site were proving that they could really dig up some good and relevant information. Several of them coordinated their efforts in the chat room together and through emails, deciding who would work on what issue.

The major question was what to do with the information that everyone was gathering. We all thought that it would be valuable for Howard in supporting what he was doing lawsuit-wise.

A woman joined the site that I’ll call “R”. She had previously written a letter in support of Howard K. Stern to a Bahamian newspaper and they published it. She became a respected member of this site and a frequent contributor.

On March 25th, I received an email from my moderator “H”. She wrote that “R” had received an email from Howard’s Florida Attorney, Krista Barth, asking for assistance in going through public records for the cases. “H” also included a copy of an email that “R” had sent to a couple of other members asking “who can be trusted in the chat room”? I thought that was a strange question, given that we were all on the same team at that point. I also thought it was unusual that an attorney like Krista Barth would contact a blogger like “R” for assistance, but I ignored it as I ignored many things that I should have paid attention to. Read the rest of this entry »

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