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Howard K. Stern, 2 Docs: We're Not Guilty!

5/13/2009 1:55 PM PDT BY TMZ STAFF

Howard K. Stern and two doctors, Khristine Eroshevich and Sandeep Kapoor, just pled not guilty to a pile of charges in the Anna Nicole Smith drug case.

The dynamic trio have each been charged with 6 felonies -- after a massive investigation that led prosecutors to charge that they funneled drugs to Smith in the years leading up to her death.

All three defendants had no problem with giving the D.A. handwriting samples that cops could use in determining who signed what prescriptions.

2272 COMMENTS

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1.

THANK YOU    

Fact is, she forced herself on Joe Jackson, the father, pro bono, just to get her face on TV. She had nothing to do with Michael Jackson's legal representation. Opri was portrayed in the Press as the nasty nuisance during that trial, always hanging about outside of the Court room - no one wanted to hear from her or hear her version of Joe Jackson's thoughts either. Be gone, nasty one.
Posted at 1:00AM on Jun 26th 2009 by Only swim in the Ocean

How very TRUE that is! i remember that very well! LOL Joe Jackson never let her near him again either!
The preliminary autopsy is due out in a few minutes, my thought is his heart was damaged due to the anorexia. Even if he did have a shot of demural -- people who do not eat properly the heart does get damaged.
He was a music genius! I do hope the JB stays away and they do not try to tie this to prescription medicines.
May Michael rest in peace and only my good thoughts go out to his family.

1760 days ago
2.

THese sternies are mean people who have no feelings    

Swims has deserted us for the MJ saga ; she wants to get in on the ground floor...

1760 days ago
3.

Howard Supporter    

Here is the audio from the 9th court of appeals yesterday:

http://www.ca9.uscourts.gov/media/view_subpage.php?pk_id=0000003654

1759 days ago
4.

Only swim in the Ocean    

1157. Well, I'll be. MJ biting the dust ... and no one overtly carried a duffle bag into a hospital to intox detox. This won't bode well for Howie even if speculation is incorrect. Bad timing huh Swims. Wait till they compare it with ANS, it could point the focus right back at Howie the Handler.

Posted at 10:39AM on Jun 26th 2009 by Swims Is Drowning
*****
JB and his charges will look more and more frivolous as we see a hard-core high-profile investigation take place right in his own backyard. Recall the misogynist ramblings of JB with his Press Conference/Campaign Appearance regarding HKS/K/E's charges with the expertise so far exhibited by LA authorities.

JB will learn that facts are necessary to be gathered in an investigation (re MJ), not speculation and hearsay mixed with a profound disrespect (as relates to ANS) for the deceased.

The more the Press compares the MJ investigation with the ridiculous case JB concocted against HKS, the better.

1759 days ago
5.

THANK YOU    

Thank you H.S. for that audio link on the Marshall case.
After listening to the lawyers, I have a feeling that TX had clearer statements and cited the cases that were relevant to their remarks.
I was hoping to be more impressed with ANS's representatives.
I seem to understand 'core' a little better now.
Have a feeling that maybe nothing will end up from the Marshall's in the estate left for DL.
At least that is my initial feeling of the way I would judge after listening to both sides.

Any idea on how long it will be for a finding? This is probably the last stop in the appeals process also, or can it proceed to future courts?
Thanks to whoever can answer.
______________________

I for one will only listen to Press accounts directly from the family and their officially designated spokespeople.
Posted at 7:58PM on Jun 26th 2009 by Only swim in the Ocean

I agree Swims, did you see on the main page of TMZ one of the articles has a warning to the public about 'ANY' lawyers speaking out on behalf of the Jackson family.

1759 days ago
6.

Howard Supporter    


JB may not be far behind because many of the usual suspects in the corps of media-whores is directly tying this event with the ANS saga repeatedly on TV. MJ's demise and the current swirl of speculation points out how shabby JB and his people are with their trumped up charges against HKS. I see competent authorities taking a firm hold of the death investigation and not falling into the Press hysteria.

It's nothing short of sickening to see past employed professionals and others with a long ago passing connection to the family actively seeking out, and at least for now, receiving media attention. I for one will only listen to Press accounts directly from the family and their officially designated spokespeople.

Posted at 7:58PM on Jun 26th 2009 by Only swim in the Ocean

Geraldo did just that--a few minutes ago. He wants to know who the 'Howard K. Stern' of the Jackson entourage is and Kimberly Guilfoyle wants the doctor arrested. Geraldo said that JB will be on this for sure.

There ya go.

Flo Anthony could not take it any more with Hannity--she almost lost it and was in tears with the gossip and speculation about her dear friend, MJ. Hannity is turning my stomach --they all are. Rev. Al is on with Hannity right now.

It's a good thing the LAPD has clamped down on all of it, or the family shut it all down. Let them speculate for the next six weeks--the media whores will have everybody and his brother in jail with their idle speculation. The guy isn't even buried yet.

One thing I'll say for Geraldo though, he (like me) never believed that hideous arrest and trial of MJ was anything but a witch hunt--those were his exact words--witch hunt.

1759 days ago
7.

Howard Supporter    

I wrote a layman's analysis of the audio from the 9th court with all my reasons for formulating opinions and the post vanished!

I'm not writing all that again, and I didn't copy it so--I see perhaps a remand to the district court.

I think core bankruptcy was established by Kent Richland to the satisfaction of the court; I think preclusion was discussed by him and is not an issue with the court, although they did bring up the Texas case, they seemed to acknowledge the jurisdiction of the CA bankruptcy court.

The judges appear to have many questions as to the second court--the district court--

1759 days ago
8.

Only swim in the Ocean    

Oral Arguments before the 9th – 6/24/2009 Seattle, WA. – Part Two

Kent L. Richland appeared for HKS/ANS Estate. A Judge immediately jumped in to state basically; let’s assume that ANS’s claim was ‘core’ and that the Statute of Frauds was never argued in any trial or probate court (the triers of fact), so it can’t be asserted now. Their interest was whether or not the discovery violations of Pierce were well-founded in the first place and worth the amount awarded by either the Bankruptcy or District Courts. The Judge were openly skeptical of the soundness of the U.S. District Court Judge Carter’s de novo review in terms of whether or not both sides were allowed to adequately present their evidence and witnesses. They seemed to suggest that Judge Carter didn’t do just a de novo ‘review’ (look over ‘facts’ from another case) but held essentially a new mini-trial.

Richland asserted that Judge Carter did review every doc and the testimony of every witness from the Bankruptcy trial as well as take new evidence himself. Although not exactly what a ‘review’ usually is, what Judge Carter did was admiral in its additional thoroughness he said. One of the Judges even pointed out that Judge Carter’s docs when stacked up are 14 feet high.

Richland drove home the overwhelming evidence found by the Federal Courts that Pierce had in fact interfered with ANS’s expected ‘gift’; that the evidence showed conclusively that ANS was to receive income-generating gifts, not just cash.

There was significant and spirited debate among Judges and Richland about what exactly was tried in the Probate Court versus the Bankruptcy Court. Richland made it clear the written final decision of the Probate Court went far beyond what was claimed and tested before the Jury. The Judges also were wrestling with the question of whether or not ANS non-suiting her claims in the Probate Court after her victory in the Bankruptcy Court meant by law she was truly no longer a party to the Probate proceedings and thereby bound by that Court’s final judgements. Richland argued it meant ANS was no longer involved. Elaine Marshall’s opinion is of course is the opposite.

• Brunstad reappeared for his 5 minutes of rebuttal and a Judge drove home what I think was the key issue-related question:

did the TX Probate Jury receive a question to decide that read along the lines, did Pierce tortuously interfere with an expected gift from JHM II to ANS? Yes or No? Brunstad had to admit that the question was NOT posed to the Probate Jury. This undermined his previous assertion that the Probate Court had extensively dealt with every aspect of the case. The fact is, the Probate Judge wrote that ANS was precluded from ANY further claims to the Estate without ever hearing testimony or having the Jury decide the key question: tortuous interference by Pierce.

Now we wait for the 9th’s written decision.

1759 days ago
9.

Only swim in the Ocean    

Oral Arguments before the 9th – 6/24/2009 Seattle, WA. – Part One

• Judge’s questions often, not always, indicate their thinking.

G. Eric Brunstad, Jr. argued for Elaine Marshall’s position. He attempted to set the agenda for his 30-minutes as:

1- Was ANS’s counter-claim a ‘core’ proceeding – he says no.
2- ANS’s claim is barred by the TX Statute of Frauds – no signed docs exist for a ‘catch-all’ trust. (But research papers and billing records do exist showing JHM II had asked his lawyers to do exactly what ANS states he did).
3- Full faith and credit argument – essentially saying all jurisdictions and levels of Courts must accept the supremacy of Harris County Probate Court since the Probate Court rendered a full decision between the time the Bankruptcy Court did (which was subsequently vacated) and the U.S. District did (which had vacated the Bankruptcy decision) – hence the State case precludes further Federal Court action.

One of the Appeals Judges immediately interrupted Brunstad to question him on his ‘core’ arguments (which were submitted in writing of course) to have him explain how he could possibly conclude that ANS’s counter-claim was not a ‘core’ proceeding. Moreover, the Judge was concerned with Brunstad’s notion that Bankruptcy Courts only offer legal opinions and guidance for creditors, not final judgements.

The Judge explained to Brunstad that the tortuous conduct argued in the two Federal Courts was against Pierce, not JHM II and his Estate (and that was what SCOTUS had explained to the 9th).

Brunstad under such skeptical questioning of his explanations finally succu_mbed to spending a large amount of time essentially saying that the TX Probate hearing was better and longer and more worthy than either Federal Court hearing. Ouch.

Brunstad reserved his remaining 5 minutes or so for rebuttal and sat down.

1759 days ago
10.

Only swim in the Ocean    

Geraldo did just that--a few minutes ago. He wants to know who the 'Howard K. Stern' of the Jackson entourage is and Kimberly Guilfoyle wants the doctor arrested. Geraldo said that JB will be on this for sure.

There ya go.

Flo Anthony could not take it any more with Hannity--she almost lost it and was in tears with the gossip and speculation about her dear friend, MJ. Hannity is turning my stomach --they all are. Rev. Al is on with Hannity right now.

It's a good thing the LAPD has clamped down on all of it, or the family shut it all down. Let them speculate for the next six weeks--the media whores will have everybody and his brother in jail with their idle speculation. The guy isn't even buried yet.

One thing I'll say for Geraldo though, he (like me) never believed that hideous arrest and trial of MJ was anything but a witch hunt--those were his exact words--witch hunt.

Posted at 9:50PM on Jun 26th 2009 by Howard Supporter
*****
I missed Hannity (somewhat deliberately, ☺).

Interesting Geraldo gets this right about the molestation charges. Many adults and former child friends of MJ state emphatically that no such abuse took place.

Greta I noticed is harping on the ANS 'connection'. Too bad she gave up reporting the meat of the ANS saga; diminishes her 'authority' on the subject. She even allowed a guest to quote nasty Opri.

Personally I'd love to see JB get involved and be exposed as the political opportunist and moonbeam he really is. The LAPD and local DA would likely be the first to tell JB to buzz off.

1759 days ago
11.

Howard Supporter    

http://www.tmz.com/2009/05/13/howard-k-stern-2-docs-were-not-guilty/79#comments

"The meeting is over -- one of the cops just told us he believes "no crime" was committed inside Michael's home"

1759 days ago
13.

Only swim in the Ocean    

"The meeting is over -- one of the cops just told us he believes "no crime" was committed inside Michael's home"

Posted at 11:55PM on Jun 26th 2009 by Howard Supporter
*****
Yes, I noticed that story. Poor media-whores, what are they going to do now? Since you mentioned it, I'm watching Hannity. He's insistent that his guests agree with his premise that celebrity entourage members are responsible for MJ's death and that's that. He was remarkably dismissive of Flo Anthony; Hannity didn't want to hear 'nice' things about MJ, just dirt.

1759 days ago
14.

testing    

1157. Well, I'll be. MJ biting the dust ... and no one overtly carried a duffle bag into a hospital to intox detox. This won't bode well for Howie even if speculation is incorrect. Bad timing huh Swims. Wait till they compare it with ANS, it could point the focus right back at Howie the Handler.

Posted at 10:39AM on Jun 26th 2009 by Swims Is Drowning


WRONG

Firstly, there is no proof of the statement of the duffle bag. If you can provide it, please do, as no one else can as there are no witnesses, just words said out of defiance at the time of the court case to win a point!

Howard is not a doctor neither am I and neither are you, therefore we are unable to issue prescriptions for medicines/drugs and neither can we held responsible for their reasons to issue them under assumed names for whatever reason. Also, if these people are ill and we are instructed by a doctor to medicate the ill person with the doctor's permission and instructions then as far as I am concerned we are not enablers, we are following the doctor's instructions to medicate the ill person. Millions of people do it, if a problem occurs it falls on the doctor and their instructions, ENABLERS, we are not, someone has to give an ill person the medicine as prescribed by the doctor.

1759 days ago
15.

THese sternies are mean people who have no feelings    


After learning of the death of MJ it reminded me of the Anna Nicole case. If any good can come from this latest untimely death let's hope that Calif. Attorney General Jerry Brown will put MJ'S Doctor in his sights as well.

These doctors who get away with murder must be stopped ! IMO

1759 days ago
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