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Birkhead and Stern Reunite -- In Lawsuit

1/22/2009 4:54 PM PST BY TMZ STAFF

Larry Birkhead & Howard K SternHoward K. Stern and Larry Birkhead have just filed sworn declarations, expressing outrage at various accusations, including suggestions that Stern drugged Anna Nicole Smith.

Stern has sued Mark Speer, a former associate of Birkhead's former lawyer, Debra Opri. Stern claims Speer was funneling false info to Rita Cosby in her so-called tell-all book.

In Stern's declaration, he says Speer told a pack of lies.

- Item: Stern says he was not criminally involved in Daniel Smith's death.
- Item: Stern says he never drugged Anna Nicole
- Item: He says he never told Birkhead, "I will give you your baby, if you leave me as executor of Anna's estate."

Birkhead also filed a declaration in support of Stern, also taking issue with what Speer allegedly told Cosby.

- Item: Birkhead says he never told Bahamian cops Stern stole millions of bucks from Anna Nicole.
- Item: Birkhead denies he was on a "mission" to get Stern investigated for the death of Daniel.
- Item: Birkhead denies he and Stern horse-traded Dannielynn in return for Howard becoming executor.

BTW, in case you're wondering, the fight over J. Howard Marshall and who gets his money is still locked up in the courts, with no end in sight.
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3151.

Howard Supporter    

Posted at 11:21AM on Feb 18th 2009 by JMO

Posted at 11:28AM on Feb 18th 2009 by JMO

Yes, you make good points. I didn't mention what the exhibits submitted with the Affidavit are about--I left out the many evidences of collusion/fraud upon the court.

The one that irritates me the most is the explicit email confirming what we all knew; how the sealed depos went from McNamara in NYC (pulled the next morning) to the cooperating defendant who then offered them up to Plaintiff in state court, Texas. Whether or not it went down that way--he requested same. Only one was POSTED in excerpts for public consumption by the cooperating defendant. Shortly after that, it turns into a travesty of tabloid gossip landing in sealed doc uments before NY and Florida courts involving DC. Hmmmmmm

Can you say C O R R U P T I O N

2012 days ago
3152.

Howard Supporter    

January 22, 2009 - Mc to R - Exhibit 2

"You have announced your intention to publish the Cosby Summary Judgment filings that were withdrawn and filed under seal or redacted. Please send me a copy of the original filings.'"

2012 days ago
3153.

Howard Supporter    

January 22, 2009 - R to Mc

I will pull the papers that Mrs. Cosby filed in error on the night of Dec. 15th. Do you want all of them or just the excerpts and the exhibits from the four depositions that were filed in error?

January 22, 2009 - Mc to R - Exhibit 2

"You have announced your intention to publish the Cosby Summary Judgment filings that were withdrawn and filed under seal or redacted. Please send me a copy of the original filings.'"

2012 days ago
3154.

Only swim in the Ocean    

...
I believe Babco ck will not stop --he will file a lot of legal papers with the court and DEMAND A DISMISSAL of a tainted and corrupted 'case.' He has rights on behalf of Art Harris, his CLIENT.

Fact: ONE defendant remains, who has not opposed jurisdiction. How long will his attorneys remain on 'ignore' for his client and await some hypothetical scenario to emerge in 'six months to a year'? He, too can demand a dismissal--the case is tainted whether or not the judge knows it. It never made it out of the discovery phase because the methodology was tainted/corrupt.

Posted at 9:51AM on Feb 18th 2009 by Facts, please
*****
I agree entirely with your summations on the MERITS of the cases. I've long shared your views and written about these cases at length. My point in answer to questions was a broader view of why does O'Q/VA/McCabe stage this type of b.s. repeatedly and does McCabe feel shaky or uncertain at this point.

I see these untenable cases as a calling card to get a foot in the door. Clark/Wilma approach LE as the 'representatives' of poor, down-trodden VA, 'fighting' for custody and against defamation and to get to 'the truth and achieve justice for ANS and Daniel' and to 'save DL'. Clark doesn't arrive at the doorstep of authorities' offices claiming just to be a private citizen with a beef. He's the ex-FBI dude who works for the famous TX Law Firm that does represent VA, who does in fact have two open Court cases that correlate with their 'noble mission'. Nobody in LE is likely to have kept up with the minutia of the cases or bother to spend hours researching them. Clark and others are able to get appointments with the top people (impossible for the average Joe) to make their nefarious pitch.

I wouldn't be surprised to find out that Clark/Wilma have a list of tangential, shadowy people lined up in CA or elsewhere who offer new lies/rumors/innuendos about prescription drugs and HKS, etc. This pair has fabricated damning and horrendous allegations in the past and have never showed remorse to this day. O'Q has bamboozled millions in Court judgements with fake patients with fake injuries/conditions using fake science. Clark was once investigating O'Q for 'pay to play' activities connected to the TX Tobacco lawsuits before he resigned from the FBI to work for O'Q!

2012 days ago
3155.

Howard Supporter    

I see these untenable cases as a calling card to get a foot in the door........

I wouldn't be surprised to find out that Clark/Wilma have a list of tangential, shadowy people lined up in CA or elsewhere who offer new lies/rumors/innuendos about prescription drugs and HKS, etc. This pair has fabricated damning and horrendous allegations in the past and have never showed remorse to this day. O'Q has bamboozled millions in Court judgements with fake patients with fake injuries/conditions using fake science. Clark was once investigating O'Q for 'pay to play' activities connected to the TX Tobacco lawsuits before he resigned from the FBI to work for O'Q!

Posted at 1:28PM on Feb 18th 2009 by Only swim in the Ocean

If Team Texas is ahead of their game, their game is lost in the courts where it matters. If they use ulterior motives and bizarre methodology to 'get' to officials, it has not worked other than in the minds of devotees and those who keep non-existent hope alive. If it takes sealed docs sent to two courts to expose the travesties and misbehaviors of Team Texas, to expose their dormant obsessions via the misbegotten character of DC--REMEMBER THIS: There is a now-proven source who AIDED AND ABETTED this latest fiasco.

That is a FACT and redacted affidavits, replete with exhibits STAND as evidence.

The most impossible scenario you envisioned, is the lackadaisacal court in Harris County taking a six-month siesta while CBS attornies and local attornies for TMZ take a siesta too. HUH????

The law is the ONLY avenue open to HKS and LB and so it is written. :-)

2012 days ago
3156.

Gtobrat    

Swims Guy


There seems to be a fine line here between the legal definition of statement and depo. If I were to say in a statement, or affidavit, or declaration "Swims has been in the water so long that he is wrinkled from head to toe", that is a statement. Once you begin to question my statement, or in Rosies case, my "statement" is more questions and answeres, then statement wouldn't it in essence then become something other then a statement, and more like an interrogation or a DEPO?????? Seems to me that legally a statement is defined as just that someone is stating facts about a certain situation. Once you begin asking questions it becomes a different thing, no matter how many times you say "this is not a depo".

2012 days ago
3157.

Howard Supporter    

1075. I was thinking about the fact how multiple times McCabe discusses 'representing' Rose in future court proceedings.

This would include her requests not to have to go to houston, if another defendant requests it, he would fight on her behalf.
The original request by AH attys to depose RT was met with a fight from Mccabe on behalf of Rose
Couple more mentioned throughout.

This almost acts as if the defendant was a potential client as well? Thoughts? There are MANY professional conduct rules violated with this potential relationship, not including the events that occurred before that 'might' have changed over officially

Posted at 1:18PM on Feb 18th 2009 by JMO

It is a bizarre relationship we have been treated to via affidavits, exhibits and Motion to Deny Motion to Withdraw.
It was unethical to say the least, illegal at the most, and ludicrous at all times. Ultra and brilliant plans that are as transparent as sunlight on the mediocre; culprits seeking notoriety as a dram queen of the Internet; and fastidious attorney in over his inept head in vicarious thrills and chills and excitement.

GIMME A BREAK. LOL. Get Fox 28 in Houston to cover this soap opera of the incompetence and corruption enlisting the aid of a new shill to keep this nutso story alive.

Feh.

2012 days ago
3158.

Cool    

1080. Swims Guy


There seems to be a fine line here between the legal definition of statement and depo. If I were to say in a statement, or affidavit, or declaration "Swims has been in the water so long that he is wrinkled from head to toe", that is a statement. Once you begin to question my statement, or in Rosies case, my "statement" is more questions and answeres, then statement wouldn't it in essence then become something other then a statement, and more like an interrogation or a DEPO?????? Seems to me that legally a statement is defined as just that someone is stating facts about a certain situation. Once you begin asking questions it becomes a different thing, no matter how many times you say "this is not a depo".

Posted at 1:44PM on Feb 18th 2009 by Tipsy coachman

Depo and/or statements all fall under the guidelines when discussing perjury, evidence, fraud, etc. One in the same

2012 days ago
3159.

Cool    

Posts that I am NOT confirming have continually been posted for the past few days. I have the emails, but not even opening and somehow they are being confirmed and/or posted by some cyber means. Starting to tick me off.

2012 days ago
3160.

box of marples    

"Since Swims doesn’t keep abreast of what is happening on some other message boards I think it would be helpful to point out that days before the motion was even file there were postings by Virgie sympathizers that something big was about to come down. They knew what day it was going to be filed and were elated and were making comments about “what a smart man” McCabe was and acted as if he had pulled off some kind of coup.

Posted at 12:36PM on Feb 6th 2009 by Ogden I Don't Think So"

Not to mention all the jokes and laughter from them about how good Rose could "sing"......"like a canary"....damn right they knew ahead of time.

2012 days ago
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