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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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3661 COMMENTS

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91.

Howard Supporter    

typos:

thought process

fair-haired

1867 days ago
92.

Wise Old Owl sounds good    

Swims and Facts etc. If you want to know how far back the campaign to "get" first ANS and then HKS goes it's all here on the old blogs. From late September 2006 any ANS blog was innundated with repetitive posters and their talking points. By early November 2006 it was a noticable trend that the same posters were using multiple nics .

This is just a few rarndom samples from one blog. But you should get the picture. From late Sept 2006 the ANS blogs were a world of their own and not like the usual TMZ gabfests, it was all about "justice" gathering information, secret codes and inside info from "sources".


"1174. Post # 1191: you forgot to add tree tree, jwls, gina, Lenn K, and the other alter-ego's we don't even know about yet.

Posted at 9:07PM on Jan 12th 2007 by the games people play"

1175. What's this about? Sleuth, IM, Bro, tree tree, jwls, gina, Lenn K? Are they all the same person or something? Male or female? CA or Bahamas? C'mon guys, you're killing me. I kinda thought something was up when the "by" part had the extra slash in it. ''
Clueless, in West KY.

Posted at 11:41PM on Jan 12th 2007 by Clueless


1141. Ok, first I'm ignoring Kitty who's whole blog bashes others about bashing others. Make some sense Kitty. Don't bitch and then do the deed yourself.

Walter, the email is Missing***@aol.com. Drop a line if you'd like. I have been looking for Larry's email address because I wanted his opinion on something on the petition and where it would be best sent to. Personally, I think it would be best going to HIM because he would know the specifics of what would better suit his needs.

Yes, I am a Capricorn as well - very interesting. Let's make stubborn into "persistently aggressive", it sounds so much more.........well, you know.....MORE. LOL

My bday is tomorrow, and I am probably the most stubborn person on this earth. If someone tells me I can't do something (Tru, Jwls, LOL, etc - are you listening?) it's the first thing I'm going to do.

Walter, and all the other Mobstahs, keep up the great work, now we have absolute proof that the "higher ups" are watching, reading, and taking us seriously. Anna, Howie, and all your fans.....take note - you haven't chased us away, dampened our cause, or defeated our purpose.

Posted at 7:45AM on Jan 4th 2007 by Patty

http://it.tmz.com/2006/11/29/court-orders-anna-nicole-to-scram/79

1867 days ago
93.

Howard Supporter    

1831. Swims and Facts etc. If you want to know how far back the campaign to "get" first ANS and then HKS goes it's all here on the old blogs. From late September 2006 any ANS blog was innundated with repetitive posters and their talking points. By early November 2006 it was a noticable trend that the same posters were using multiple nics .

Posted at 10:23AM on Mar 9th 2009 by Wise Old Owl sounds good

The campaign to 'get Anna' is what I am interested in most, or to 'get the baby.' Reading that stuff you postsed is is illegible to me asI can't make any sense out of it. But I get your point with the chronology. By the time I found TMZ from Levin advertising it on FNC around mid-March 2007 it was just as trashy as the ANS blog you posted. Worse, actually. I didn't lask long--and returned intermittently. It was so trashy it's hard to believe TMZ allowed what they did.

I have my own personal theories about the ANS story and the timeline has more in it I omitted that was going on at the same time the Shelley, GBT, Opri/Birhead was going on. The day before she died, the LA court ruled to no longer extend her time for DNA for the baby (it was just the baby) and she had until late February to comply either in the Bahamas or wherever. The Trimspa class-action suit had entered the fray about this time.

I see it all very differently than most do--from the perspective of Anna Nicole Smith. Trusted friends turning against her for the very house they brought her to. Laurie Payne, a FRIEND, signing an ugly affidavit for Opri. And the death of her son in between and amid all that, plus a NEW BABY. Heavens above--she was a human being, for heaven's sake.

I say let that woman R.I.P. and be done with it all already. Dannielynn is a beautiful, healthy image of her mother and being raised in the environment she deserves with a loving father. Enough.

OK--I'm done. Rant over. :-)

1867 days ago
94.

Only swim in the Ocean    

Swins, That's right, I believe he was involved before VA also. If you check out the questions that L.Wood was asking OQ at the end of his depo, L Wood is asking about another attorney in the courtroom during the FL hearing other than McCabe. OQ indicates it's his old law partner Tom Pirtle. But TP is not there on OQ's behalf he is there on VA's behalf. LW continues questioning OQ about TP's involvement in the case. OQ indicates that TP was involved with VA before the hearing in FL. TP had contact with VA and had talked with her BEFORE Florida. TP cared very much for VA, that's why he got involved. Then LW says to QO, "But you didn’t know Virgie Arthur before you were approached by the FBI agent’ right" (meaning VA's son)?
BINGO!
Rusty Hardin (Marshall's attorney) and OQ are both part of the "Good Ole Boys Club" in TX.

Posted at 12:58AM on Mar 9th 2009 by Facts just facts
*****
Ah, yes, the 08/16/2007 deposition of O'Q; what great memories. That was just 19 days before Cosby's book hit the shelves and this little gem sticks in my mind:

10 Q. (By Mr. Wood) Okay. I think you
11 told me earlier that you think you gave two
12 interviews while you were actually physically
13 in Florida?
14 A. (O'Quinn) I believe I said that.
15 Q. Tell me about those interviews.
16 A. One was with Greta Van Susteren and
17 the other was with a -- a woman I do not
18 recall the name of.
19 Q. Rita Cosby? Does that ring a bell?
20 A. Could be.
21 Q. But that doesn't ring a bell to say
22 it is?
23 A. The name is kind of in my memory
24 bank. I don't know why it's in my memory
25 bank. It could be but I really don't know for

Case 0:07-cv-60534-WPD Doc ument 41 Entered on FLSD Docket 08/20/2007 Page 79 of 207

Page 80
1 sure. The only reason I say it could be is
2 because I remember the name Rita Cosby.

Poor Cosby was already being tossed aside back then. And your point about Tom Pirtle is well taken. O'Q does essentially say that Pirtle worked with VA before Seidlin's Court, and that he, O'Q already had the case when Pirtle asked in on it. This part starts off with O'Q speaking:

9 "Tom it's a very unusual case for
10 me," and I started describing it to him. And
11 after I described it to him, he said I'd like
12 to work on that case too. I said, well, you
13 need to meet Ms. Arthur and get her okay.
14 Q. And did you arrange for them to
15 meet?
16 A. Yes.
17 Q. And where did they first meet, Texas
18 or Florida?
19 A. Texas.
20 Q. Did they ever meet -- well, they
21 obviously met in Florida?
22 A. Yeah.
23 Q. So that would have been before the
24 Seidlin hearings began?
25 A. No. During the Seidlin -- no, that

Case 0:07-cv-60534-WPD Doc ument 41 Entered on FLSD Docket 08/20/2007 Page 147 of 207

Page 148
1 could have been before. I'm not sure.
2 Q. Is it possible that he flew out to
3 Florida and met with you and Ms. Arthur in
4 terms of being engaged to assist in the case?
5 A. I think it was otherwise.
6 Q. You think it was in Texas?
7 A. Yeah.

"No. During the Seidlin -- no, that could have been before. I'm not sure."

Quite a few 'not sure', 'I'd have to look it up' answers. When Wood asked if O'Q must only have met VA after her son, the 'FBI' dude asked him to see her, he responded, 'True', not 'Yes'. That is, he technically said that Wood's question included a correct assumption; he didn't actually provide his own answer. Very crafty.

1867 days ago
95.

Facts just facts    

Quite a few 'not sure', 'I'd have to look it up' answers. When Wood asked if O'Q must only have met VA after her son, the 'FBI' dude asked him to see her, he responded, 'True', not 'Yes'. That is, he technically said that Wood's question included a correct assumption; he didn't actually provide his own answer. Very crafty.

Posted at 11:35AM on Mar 9th 2009 by Only swim in the Ocean
Very good observation. Strange how OQ couldn't remember WV (who he's paying to do work for him), or RC (who his hired hands are collaborating to write a book with) or VA's FBI son (his most famous client). LOL. Who does he think he's kidding not LW?

1867 days ago
96.

Only swim in the Ocean    

...
A source supplied Page Six with e-mails sent to "Entertainment Tonight" by David Leigh of Splash News on Arthur's behalf, offering the show exclusive rights to her private memorial for Daniel after his drug death in September 2006. "She'll go to the Bahamas if you want . . . She would like to visit the grave, and it would make pretty emotive pix of her doing so," he writes.

I guess the brainwashed bloggers of McC/VA haven't read this yet.

Posted at 8:42AM on Mar 9th 2009 by Facts just facts
*****
You're right. Well, many of the VA supporters have proudly proclaimed that they can't get by one or two sentences in a pro-HKS post, so a newspaper article or Court paperwork is out of the question. LOL

And the deposition and docs to prove the 'Page Six' story have already been gathered during VA's now dismissed Federal case against HKS/CBS. Do O'Q/VA bloggers know that is the reason McCabe is trying to keep those specific materials from CBS's hands and leave them buried in that Court under seal?

The Leigh depo and docs show VA was clearly a limited public figure. VA can't show defamation much less the actual malice required of public figures, in her remaining 'bloggers' case.

1867 days ago
97.

box of marples    

No, just the opposite. I was saying LB doesn't have first-hand information beyond what he put in his declaration in support of HKS in the Cosby case. I personally am saying it's clear that O'Q was working his nefarious master plan long before he claims he can recall now (old age and all).

VA and Splash were cavorting in The Bahamas before ANS died. LB first met VA face-to-face in January, 2007 in The Bahamas when VA wanted him to pose with her for pictures at Daniel's grave to (as LB recounts) "eat up" ANS.

The idea of exchanging money is not that one person 'needs' the cash. The money exchange is designed to firmly implicate the person making the payment. If LB had handed over the cash to FS, LB would be proof-positive entrapped into the illegal scheme.

Posted at 8:32PM on Mar 8th 2009 by Only swim in the Ocean


There was one thing that really stood out to me and that was after the court ruling in favor of Anna against the Marshalls, and that a couple of times I read that Anna was afraid and didn't want any media. Why was Anna scared? Why was Vergie writing Hatten in prison? Donna writing a book(who put that idea in her head since she didn't even know Anna?). I would like to hear all the conversation was with Hatten...was she trying to find out who the father of the baby was then. Why, other than just total dislike for her daughter, did Vergie and Elaine give that tape to the Marshall lawyer's in the first place.It seems to me VA has been with the Marshall side for awhile, she certainly wasn't on her daughter's side. Also, wasn't VA the one that kept talking about Daniels trust and where did it go, but yet Anna's part was 'tainted money'.Could VA have been offered Daniel's trust if she worked with Team Texas?

I really wish this would be over soon, Texas bloggers for The FIRM.. If you read T, it is clear that the bloggers put out info for McShame. Anyone who tries to dispute them are hunted down like criminals, and all their private info put out for all to read...then they start the childish laughing at the poster for how they look, where they live, their children, etc......Too many lives are being affected by this bunch and my heart goes out to all of the VICTIMS of Team Texas.

1867 days ago
98.

box of marples    

I would not be at all surprised if Texas has not hired a 'crook' to find the 'crooks' that stole the soggy pc that was stolen. The victim has been accused of robbing herself, collecting insurance on it. Info of her boss's name has been put out for anyone to harrass. What's the big deal of having her pc if she was willing for them to use her server to collect her emails?

The Firm is working hard on these 'so called conspirators', damaging health, wealth(lack of) in order to try to force them to admit to this. No one should be allowed to treat people the way they are doing these people. Is that how he got QV and H to claim that, or were they just greedy and more than willing to change sides for a price? So many questions, and no answers. I would love to see both of them questioned by someone other than The Firm. Both sounded ridiculious in their statements they gave.

1867 days ago
99.

Only swim in the Ocean    

1828. This is part of the timeline I posted about FS involvement in ANS's life (and death). At what point and WHY did FS"s relationship with ANS go sour? Over Horizons? How could anyone believe after knowing the facts that he broke into the house, stole her possessions, hawked them to the media that he did all that because 'she wanted' him to and trusted him?

November 2, 2007 - Los Angeles Superior Court - Laurie Payne affidavit filed on behalf of Birkhead suit in Los Angeles, alleged Anna Nicole Smith to be unfit mother.

Posted at 9:16AM on Mar 9th 2009 by Facts, please
*****
Within days after Daniel died, FS/G. Ben pounced on the apparent 'opportunity' to get ANS/HKS/DL (the new family unit) out of 'Horizons'. They turned off the electricity and only restored it when the Supreme Court issued an injunction against FS/G. Ben, 11/20/2006. The two guys violated that Court Order when they raided 'Horizons' the day after ANS died and HKS got another injunction against them 02/09/2007.

But the best date to go by may be 10/18/2006 - the day FS sent an eviction notice, 38 days after Daniel's death.

Recall, FS/G. Ben only 'remembered' the 'pills' HKS allegedly flushed after Daniel's death, days before ANS died. In fact, HKS interviewed with ET on 02/07/2007 about these new claims stemming from a FS interview with the Enquirer. The story about HKS's interview was widely published in many media outlets the morning of the day ANS died.

FS/G. Ben raided Horizons 2/09/2007 and FS appeared on Greta's show 10 days later with the 'Clown' video. Three days after that he was on the stand in Seidlin's Court with brand new 'concerns' about his daughter, ANS's drug use, etc. and a 51 second portion of the 'Clown' video was shown. We now know that ANS's hard drives were copied during the 2/09 - 2/12/2007 time period.

The 'why' behind their nefarious actions has never been clarified, except for FS's self-serving remark that ANS asked him to secure her possessions if she died. Clearly ANS and FS were on the worst of terms for a solid 4 months before she died.

1867 days ago
100.

Howard Supporter    

Posted at 2:29PM on Mar 9th 2009 by Only swim in the Ocean

I forgot the Shane Gibson photos that were sold to the media--

FS is one weird guy. Larry's Declration has exhibit emails of their email correspondence when LB was in Kentucky with the baby and invited FS to come visit them. That series of emails was put there to show that FS was bringing stolen items belonging to the Estate to Larry and Larry did not wish to take responsibility for them.

1867 days ago
101.

Hawaii spring break    

Tabloid campaign against Anna Nicole started when Howard declared he was the baby's father on CNN.
It was very clear that the same bloggers posted very nasty comments about Anna and Howard.It all started on TMZ in October 2006. Accidentally or not Larry Birkhead made a contract with TMZ in October 2006. After Anna died the very same people who bashed her became the most fanatical bloggers for Virgie Arthur. Those bloggers are from Texas, Florida, Midwest, Canada.They still post on TOPIX, QV.
MOST OF THEM ARE PAID BLOGGERS. THAT'S THEIR OCCUPATION AND ONLY SOURCE OF INCOME. They supported Birkhead as well, until he split with Virgie over money and custody.

1867 days ago
102.

Howard Supporter    

Something on Fox News about Anna Nicole Court Battles - Anna Nicole's lawyers asking for help from Supreme Court

1867 days ago
103.

Howard Supporter    

Shepherd Smith --all he said was a quick review of ANS, her death and the financial award she won in CA. He showed clips of ANS.

He says her lawyers are asking SCOTUS to help get the award.

That was it.

1867 days ago
104.

Howard Supporter    

Anna Nicole Smith's estate seeks court help

http://www.msnbc.msn.com/id/29603412/

Appeals court has yet to lift hold on giant award made by judge

updated 1 hour, 17 minutes ago

WASHINGTON - Lawyers for the late Playboy playmate Anna Nicole Smith asked the Supreme Court for help Monday in a big money dispute involving her dead husband and his dead son.

Smith, who also was a model, stripper and reality TV star, was 26 when she married 89-year-old oil tycoon J. Howard Marshall II in 1994. He died a year later, and a federal judge later awarded Smith $88.5 million of Marshall's money despite complaints from his son, E. Pierce Marshall, who controlled the fortune.

Smith argued that her husband had made an oral promise to give her half his estate. Pierce Marshall said various wills and trusts his father had prepared over the years named him sole heir.


The 9th U.S. Circuit Court of Appeals held up the $88.5 million award while the case was being appealed.

The Supreme Court ruled in May 2006 that Smith could pursue her late husband's fortune in federal court. Smith's lawyers said that days later, the younger Marshall "apparently stripped himself of nearly all his assets — valued in the billions of dollars — and transferred them out of his possession."

Pierce Marshall died in June 2006, but the appeals court has not lifted its hold, or stay, on the award. Smith, who was born Vickie Lynn Hogan, died of an accidental drug overdose in Florida in 2007. She was 39.

In court papers, Smith's lawyers say Marshall's executor values his estate at slightly over $125 million, with most owed to the Internal Revenue Service.

"Vickie's estate will undeniably suffer irreparable harm if the stay is not vacated, as Pierce's executor claims there is no money to pay the district court judgment, and Vickie's estate cannot pursue Pierce's missing billions unless and until the stay is vacated," Smith's lawyers said.

1867 days ago
105.

Only swim in the Ocean    

1841. Shepherd Smith --all he said was a quick review of ANS, her death and the financial award she won in CA. He showed clips of ANS.

He says her lawyers are asking SCOTUS to help get the award.

That was it.

Posted at 7:38PM on Mar 9th 2009 by Facts, please
*****
This story is spreading across the globe quickly. E. Pierce Marshall is alleged to have stripped himself of billions of dollars in assets days after ANS won her SCOTUS decision in May, 2006. He, of course, died a month later. The Executor of Pierce's Estate says only $125 million is left and most of that is owed to the IRS. Another scam just before he died.

ANS's Estate is asking SCOTUS for help to kick life into the often useless U.S. Court of Appeals, 9th District, which has not lifted the stay (pending appeal) on ANS's award of $88 million or pursued the case in any other substantive way since Cert. was granted 9/27/2005 by SCOTUS.

No wonder Pierce's widow keeps vowing to never quit and never give ANS's Estate a cent. Pierce squirreled away all his billions and she no doubt knows where.

1867 days ago
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