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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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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Lies Fabrications And An Overthrow.

Here are the latest documents from Pacer. I think you all will find it an interesting read. Then please come back and see my comments.

http://annanicoleandhowardkstern.com/050808_Supplement_plaintiffs_memo.pdf

http://annanicoleandhowardkstern.com/050808_Chrystal_Baker_Affidavit.pdf

http://annanicoleandhowardkstern.com/050808_Exhibit_Crystal_Baker.pd

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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

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Review the latest legal documents and see what you think?

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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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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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Part II

After the site opened, I started writing about what was being reported on television and on the net. I also started some promotion with social bookmarking sites like Technorati and Furl. We started getting visitors but not many. I searched for sites that were reporting on this story, but there were very few and the reporting was minimal. Then I found TMZ and posted a link to this site on their blog.

Around February 23rd, we started getting comments, and from there things pretty much exploded.

People in favor of Howard and against him commented. I was right in there with the pro-Howard crowd, arguing for him without really having any facts. None of us did. It was our opinions that we were arguing for in those early days because facts were yet to be discovered or hard to come by. Read the rest of this entry »

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