Celebrity Justice
Rita to Anna's Men: Nothin' Wrong with Gay Sex

The famous "Seinfeld" line, "Not that there's anything wrong with that" is forever part of the pop culture lexicon. And if Rita Cosby has her way, it will be a legal defense, too.

Birkhead
Cosby claimed in her questionable Anna Nicole Smith book that Larry Birkhead and Howard K. Stern had a sexual tryst -- which was allegedly videotaped. Stern has filed a defamation lawsuit against Cosby.

Now...in a response filed earlier this month, Cosby says her claims can't be defamatory because "engaging in a homosexual tryst, even if videotaped, does not reflect poorly on someone and in the 21st Century it most certainly is not a 'criminal lewd act.'" Cosby should bottle her gall and sell it for $60 mil.

And speaking of $60 mil... that's how much Stern is suing Cosby and the publishers of her book "Blonde Ambition" for.



Tags: Larry Birkhead, LarryBirkhead, Rita Cosby, RitaCosby

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466. "McCabe has changed the 'damage' done to VA from his original and two other versions of his complaint in the State case."

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Swims

He also uses the standby argument that her reputation has suffered as a result of the article's insinuations of incest (his word) along with the little 'vote box' for bloggers (standard TMZ fare). I don't know how many filings--seems like a lot--go in to the song and dance of her respected reputation as a policewoman for 28 years, etc. etc....you know, the sterling character routine now blemished by the likes of some bloggers and Howard and his sister and Art Harris and now Larry. Then the 'loss of custody and/or visitation' (McC's words again) claim is repeated. BTW his Objection to Special Appearances for both Bonnie and Art Harris is a really nasty torrent of accusations about Art Harris. Did the judge ever rule on his Motion? That was how this whole thing was renewed after languishing since April in the 190th district court and then it was transferred. The judge in this court called a hearing in November about the lack of response to filings for Special Appearances by BS and AH. I suppose his Motion Objecting to their Special Appearances for Jurisdiction is his belated response.

Posted at 1:53AM on Jan 21st 2009 by Facts, please

467. Just imagine TMZ taking some unknown bloggers' word for something as a 'scoop' for publishing on the internet. There was even the disclaimer that they were NOT blood relatives, which was at the bottom of the article and all bloggers on TMZ KNEW IT. So, now thirdhand gossip becomes fodder for adding a defendant and the sole witnesses are the same bloggers who couldn't get along with each other and turned against each other. Two concocted a tale and went running to McC with it and he bought into it!!! Which came first, the chicken or the egg? I'm sure that TMZ can well defend itself and has a high-class lawyer in Houston to do it. Besides, VA apparently never responded to his JUNE 2008 Original Answer and legal 30-day request for PROOF of damages from the so-called defamation from the article. Why drag all these other people into it? If McC wishes to dispute the accuracy of the TMZ story then his beef is with TMZ.

About the modifications to photos--I noticed it always says 'last date accessed' and 'modified'--I spend a lot of time fiddling with all my photographs (I have so many) and transfer them to a thumb drive, etc.. I have read about these sophisticated software programs that are used by forensic computer experts--

Posted at 11:26PM on Jan 20th 2009 by Facts, please

So there is no punishment for not answering the Defendant's request for proof of damages? Or is it just brought up later on with a Motion to Dismiss?

Posted at 10:55AM on Jan 21st 2009 by .,.

468. I agree. Interestingly, LB addresses how he is trying to remove the "slime factor" of the ANS saga by pursuing good works and charity in the interview he gave the Louisville Courier-Journal published today.

http://www.courier-journal.com/article/20090118/FEATURES/901180309

Posted at 3:09PM on Jan 18th 2009 by Only swim in the Ocean

I hadn't noticed the photography on the right the first time I read it. FUNNY!

Posted at 11:17AM on Jan 21st 2009 by Where's Dannielynn?

469. 456. Swims,

This whole case stinks--I checked the dates and the DNA came in to the Bahamas on April 10. VA wanted custody and there was a hearing delayed on Apri l3. Then on Apr. 20th there was a custody hearing and no resolution. The court had suggested they work out some kind of private visitation agreement . That never happened and by the last week in April the court allowed Birkhead to take custody of the baby and go home with her. By May 1st he had a passport for DL and left the Bahamas.

http://www.msnbc.msn.com/id/18231247/

Is McC suggesting that the judges in the Bahamian court read the Family Tree Story on TMZ and it tainted their thinking tn awarding custody to the natural father? How farfetched is that? The entire point of it all was the DNA and Larry proving he was the father, wasn't it?

Just imagine TMZ taking some unknown bloggers' word for something as a 'scoop' for publishing on the internet. There was even the disclaimer that they were NOT blood relatives, which was at the bottom of the article and all bloggers on TMZ KNEW IT. So, now thirdhand gossip becomes fodder for adding a defendant and the sole witnesses are the same bloggers who couldn't get along with each other and turned against each other. Two concocted a tale and went running to McC with it and he bought into it!!! Which came first, the chicken or the egg? I'm sure that TMZ can well defend itself and has a high-class lawyer in Houston to do it. Besides, VA apparently never responded to his JUNE 2008 Original Answer and legal 30-day request for PROOF of damages from the so-called defamation from the article. Why drag all these other people into it? If McC wishes to dispute the accuracy of the TMZ story then his beef is with TMZ.

About the modifications to photos--I noticed it always says 'last date accessed' and 'modified'--I spend a lot of time fiddling with all my photographs (I have so many) and transfer them to a thumb drive, etc.. I have read about these sophisticated software programs that are used by forensic computer experts--

Posted at 11:26PM on Jan 20th 2009 by Facts, please

OK. Refresher time. Why does this interview say the Supreme Court. Let me make sure I have this right. LB and HKS were already done with their differences, BUT within the SAME COURT that HKS and LB were doing the paternity issue (I believe went to Appeals where HKS was fined), Virgie stood up and filed something to obtain her own custody AND/OR a separate issue altogether? I will assume since it is already in the Supreme Court at this time, she jumped into the LB and HKS ongoing battle at the time. This April 20th hearing was only regarding Virgie right being that HKS and LB were already done?

Due to confidentiality between April 20th and May 1, supposed agreement talks. Although this is ALSO where Virgie MISSED a visitation with Dannielynn!!!!! The Judge allowed Dannielynn to leave, one would think it would be over? Also, noted that the interview on May 1, 2008, the reporter states Virgie is seeking 'management of trust' [paraphrasing] was this mention in regards to the Bahamian court?

Posted at 11:54AM on Jan 21st 2009 by Just Asking

470. Posted at 11:54AM on Jan 21st 2009 by Just Asking

Superior Court in the Bahamian system--I don't remember any more. I don't know if they have a Family Court for custody disputes. You will have to go back and google the sequence of events as I did. I was only attempting to correlate WHICH court McC is implying denied her custody 'and/or visitation' or if he is referring to ALL the court cases she lost--like the burial proceeding, then the appeal and then the appeal to halt the funeral in the Bahamian court that was denied.

The DNA proceedings came first; then the results released publicly. I suppose at that point (April 10th) VA filed for custody. Howard attending these latter hearings but he not petitioned the court to maintain his legal custody--he just accompanied Larry and listened to the proceedings. DURING those hearings, the court suggested private negotiations for visitation between VA and LB but those resulted in zero. That was BEFORE the later fruitless hearings. By that time, LB was requesting permission of the court to take DL home. That was when VA filed a petition to STOP HIM--at some point her attorney, Debra Rose was DENIED that petition and fined $3,000 for wasting the court's time because she could not present any realistic REASON for doing so. That was leaked by somebody long ago --a court transcript in which Ms Rose was admonished by the court for what she was doing.

When LB had the passport with the name change for DL he was good to go. So, your date of a meeting with VA & LB is off--it was earlier and it failed. In the interim she WAS allowed to see the baby and that was when the 'transition' was going on between LB and HKS as he was becoming acquainted with DL and taking her to safe havens (the beach house or hotel) and visits with his family so they could get to know her.

Posted at 12:16PM on Jan 21st 2009 by Facts, please

471. Also, noted that the interview on May 1, 2008, the reporter states Virgie is seeking 'management of trust' [paraphrasing] was this mention in regards to the Bahamian court?

Posted at 11:54AM on Jan 21st 2009 by Just Asking

I think it was. There was NO OTHER COURT ANYWHERE that she was involved with concerning the custody or legal guardianhip of DL. Swims has pointed this fact out many, many times. Yet McCabe continues to claim that defamation by bloggers as well as the ET Mommie Dearest Tape at Howard's so-called direction--caused her to lose rights to DL. She never HAD any rights.

Just as an aside--VA WAS successful in getting the Courts in the Bahamas via Social Services there to place an injunction on HOWARD taking DL out of the Bahamas. She did that almost immediately after the death of ANS. Anna died on a Thursday, and on Friday morning VA was on Good Morning America and shortly after that at the Police Dept. in the Bahamas photographed by SPLASH. She wanted the baby removed from Horizons...had tried to go there, no answer at the door. Police chief told her to go through proper channels--Social Services. SS informed the court, thus the injunction

I believe that injunction led at some point to the Bahamian court order SS to do investigations of HKS, LB and VA--not sure about the chronology. Result was DL stayed with HKS until and only until after DNA results and even beyond that. He was the official LEGAL FATHER.

Posted at 12:26PM on Jan 21st 2009 by Facts, please

472. So there is no punishment for not answering the Defendant's request for proof of damages? Or is it just brought up later on with a Motion to Dismiss?

Posted at 10:55AM on Jan 21st 2009 by .,.

I have no clue. All you see from the court is on the internet, dumped there by the parties in the suit --supposedly under a Protective Order! LOL. The Court website releases NOTHING OFFICIAL except court rulings (when she bothers to write them out) so as to whether VA complied with a legal request from TMZ by July 16th--there is no way of knowing; I believe it went unanswered as McC became overwhelmed in his zeal to get bloggers and is still consumed with that endeavor. He has broadened his 'search' thanks to a co-operative defendant who wishes to accommodate such idiocy. Go figure.

Posted at 12:39PM on Jan 21st 2009 by Facts, please

473. 471. Also, noted that the interview on May 1, 2008, the reporter states Virgie is seeking 'management of trust' [paraphrasing] was this mention in regards to the Bahamian court?

Posted at 11:54AM on Jan 21st 2009 by Just Asking

I think it was. There was NO OTHER COURT ANYWHERE that she was involved with concerning the custody or legal guardianhip of DL. Swims has pointed this fact out many, many times. Yet McCabe continues to claim that defamation by bloggers as well as the ET Mommie Dearest Tape at Howard's so-called direction--caused her to lose rights to DL. She never HAD any rights.

Just as an aside--VA WAS successful in getting the Courts in the Bahamas via Social Services there to place an injunction on HOWARD taking DL out of the Bahamas. She did that almost immediately after the death of ANS. Anna died on a Thursday, and on Friday morning VA was on Good Morning America and shortly after that at the Police Dept. in the Bahamas photographed by SPLASH. She wanted the baby removed from Horizons...had tried to go there, no answer at the door. Police chief told her to go through proper channels--Social Services. SS informed the court, thus the injunction

I believe that injunction led at some point to the Bahamian court order SS to do investigations of HKS, LB and VA--not sure about the chronology. Result was DL stayed with HKS until and only until after DNA results and even beyond that. He was the official LEGAL FATHER.

Posted at 12:26PM on Jan 21st 2009 by Facts, please

Thanks, wasn't sure if they were referencing a previous interview or the Court system.

Posted at 1:11PM on Jan 21st 2009 by Just Asking

474. Speaking of the newest collaboration, I found it HILARIOUS the mention of this going to the Supreme Court and blah blah blah precedence (what is McCabe going to change the law for defamation to include TRUE statements? LOL). Spoken just like McCabe... The creation of hysteria and bullsh!t 'magical thinking'.

Why would a defendant sound so happy about something like that?

Posted at 1:16PM on Jan 21st 2009 by Just Asking

HAHA --maybe this mindset is now a symptom of Stockholm Syndrome. Think like your captor--millions and millions to be pruned from this lawsuit (if only there was a lawsuit)...magical thinking goes with Opri's dream of ANS embodied in a swirling mist crying 'help me, help me' and then Opri's insane analysis that this interprets as 'give my baby to Larry'.' Trouble with that one is Larry has the baby, so why is she still having the dream. Ummm, let me help her out (no Freudian dream interpretation, I promise) :-). She did her duty to the dream by helping her BFF Rita Cosby by loaning out Mark Speer to bring the plot of the book to a climax (literary term) by providing the basis for writing it via the evil 'plot against America--oops, that was Philip Roth's book--sorry. The infamous plot to kidnap DL and hold her for ransom by relying on a homosexual affair that never really existe. So what it if ain't true?

Posted at 1:24PM on Jan 21st 2009 by Facts, please

475. (no Freudian dream interpretation, I promise)


thank gawd-

Posted at 2:25PM on Jan 21st 2009 by trash talkin\\\' 101

476.

The Democrats did this to our country.

Posted at 2:53PM on Jan 21st 2009 by Feel like i'm living in a bad EDDIE MURPHY movie

477. OK. Refresher time. Why does this interview say the Supreme Court. Let me make sure I have this right. LB and HKS were already done with their differences, BUT within the SAME COURT that HKS and LB were doing the paternity issue (I believe went to Appeals where HKS was fined), Virgie stood up and filed something to obtain her own custody AND/OR a separate issue altogether? I will assume since it is already in the Supreme Court at this time, she jumped into the LB and HKS ongoing battle at the time. This April 20th hearing was only regarding Virgie right being that HKS and LB were already done?

Due to confidentiality between April 20th and May 1, supposed agreement talks. Although this is ALSO where Virgie MISSED a visitation with Dannielynn!!!!! The Judge allowed Dannielynn to leave, one would think it would be over? Also, noted that the interview on May 1, 2008, the reporter states Virgie is seeking 'management of trust' [paraphrasing] was this mention in regards to the Bahamian court?

Posted at 11:54AM on Jan 21st 2009 by Just Asking
*****
In The Bahamas, the highest Court is the Court of Appeal; it has three Justices. The Supreme Court is where most trial cases are heard for most issues with 9 Justices; a Chief, two Senior and 6 others. Jury Trials are only available in the Supreme Court for example. Two Supreme Courts exist, one in Nassau and one in Freeport. So if a case is being heard in the 'Supreme Court', it's in either of those cities and is presided over by a total of 9 possible Justices. It's a small group.

The Bahamas also has a system of Magistrate Courts for minor cases with 3 located on New Providence Island (where the Capital City, Nassau, is located) and 1 in Freeport, on Grand Bahama Island. Other Islands have Commissioners to handle minor civil and criminal cases. "Minor' in criminal cases means a likely sentence of 5 years or less if found guilty.

Keep in mind, The Bahamas has a total population similar to a medium size American City. Ultimate Appeals are heard in one of two places; The Privy Council of the UK or the Caribbean Court of Justice (in Port of Spain, Republic of Trinidad and Tobago). Appeals to this level involve exceptional cases with profound implications.

The paternity and custody and guardianship of DL was one large case in the Supreme Court in Nassau in which HKS, LB and VA were all parties. The Supreme Court decided to allow DNA testing; LB was found to be the biological father; HKS dropped his objections to having DL's BC changed and LB gaining full custody and guardianship of DL; VA still had a Motion before the Court for visitation and co-guardianship (as well as the dis-internment of both ANS's and Daniel's remains to take them to TX); the Supreme Court ordered the change of the BC and cleared the way for LB and DL to leave for the USA with the provision that both return June 7, 2007 for a 'final' custody/guardianship hearing on VA's Motion; VA went to the Appeals Court to prevent LB from leaving saying she feared he would never return with DL to The Bahamas; The Court of Appeals denied her request saying (paraphrasing) what's the problem, everyone is returning to the USA anyway. (DL, HKS, LB and VA are all American citizens who had primary residences in the USA); the Supreme Court later cancelled the scheduled hearing in June 7, 2007 without much comment and no expectation of a further date, after LB and DL were already back in the USA.

The Supreme Court, between the DNA results and LB/DL leaving The Bahamas, had asked LB and VA to work out their differences privately, just as HKS and LB had done. That didn't happen between LB and VA and the Supreme Court somewhat punted by granting 'temporary' custody and guardianship to LB, saying (paraphrasing) that the matter would no doubt be finalized in the USA anyway since everybody before the Bahamian Court was American and all planned to live in the USA. HKS at the time expressed that he was upset and that the Supreme Court should just have made a final decision rather then a 'temporary' one.

Now, in the USA, this is not a major concern in a practical sense. However, should hell freeze or pigs fly, and a Hearing Date for final custody/guardianship in The Bahamas ever be reset, any decision in the Courts, of a 'friendly' Nation to the USA, could result in its enforcement by American Courts. From the standpoint of LB, consider this: O'Q/McCabe have never let up the smear campaign of LB and they have never been restrained in their filing of preposterous lawsuits in the USA. LB would reasonably think they will harass him in The Bahamas on some pretext, sometime, if VA doesn't withdraw her Motion before the Supreme Court in The Bahamas.

Posted at 3:35PM on Jan 21st 2009 by Only swim in the Ocean

478. What about if Bonnie herself was tossed? Would that dismiss the bloggers and leave the 3 you mentioned above?

I understand the Federal and State differences, so relying on the whole conspiracy thing would be the only reason for jurisdiction. I believe you mentioned the Special Appearances hearing in March earlier, today's filing will not prolong that date will it? Or if a different hearing, on a different subject is scheduled past that date, that will not affect the Special Appearances hearing, right? That should stand and never change?

Posted at 1:32AM on Jan 21st 2009 by .,.
*****
Without Bonnie, the bloggers are not implicated in this State lawsuit as having done anything more than express their personal opinions. McCabe would look phenomenally foolish to pursue the bloggers without the Bonnie 'connection' he alleges was key to the bloggers' actions. Without Bonnie as the alleged 'go between', HKS is not a potential party to the lawsuit, either.

The March 20, 2009 date for the Special Appearances Hearing does presume that depositions and other discovery has been completed beforehand. Wood has said he has no problem making HKS and his paperwork available well before that date for deposition and inspection, respectively. McCabe might still whine about something and change the date - he's not as predictable/reliable as Wood. After all, Wood is planning to move in for the kill during that hearing. McCabe's entire lawsuit is the target.

Posted at 3:44PM on Jan 21st 2009 by Only swim in the Ocean

479.
What is the whole process of an attorney excusing themselves? Does the attorney-client relationship end on the day the attorney notifies clients? Or when the Court gives the final approval?

Thanks for taking the time out and answering the questions for those that enjoy staying updated on all the cases!

Also, if an attorney files motions, but as we have seen so far in this case the Court is not publicly placing them on Pacer. Can someone with a copy of the motion put it out for public view? This isn't breaking the confidentiality, right? I just feel with the new turn of events perhaps some of those that follow the cases might not to get to view things unless certain websites release them, whenever they feel like it. So if they are technically filed, although not on Pacer, then they can be released to readers?

Posted at 4:45PM on Jan 21st 2009 by Just Asking

480. Swims,

Thanks for straightening out the confusion of the Bahamian Court System. That was VA's APPEAL that was denied regarding stopping Larry from leaving with DL in a different court--the Appellate Court. What about the denial regarding the burial in the Bahamas? Which court was she in that time while the funeral procession waited? I get confused with the California court system--Superior Courts also and that is how it works here where I live in southeastern US. I appreciate the detailed explanations.

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Posted at 4:45PM on Jan 21st 2009 by Just Asking

Harris County Court is not on the PACER system--that system is federal courts and appellate courts. Harris County is a judicial district court so they have an e-Doc ument website and the county clerk releases what is officially disclosed by the court. That means NONE of the papers doled out to special websites.



Posted at 5:13PM on Jan 21st 2009 by Facts, please

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