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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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1171.

Howard Supporter    

Thanks Swim for straightening that out for me. I have always found some of this confusing but in light of the allegations in the complaint, one of which is computer fraud, I remembered something we talked about before. When the Initial Disclosures of expert witnesses was filed by HKS as required by civil law, I looked up the computer forensics people he had hired and found a fancy entertainment representative in LA was one of them and I forgot the other one I looked up.

At that time you said that these experts already had determined alterations in the original hard drives that had been eventually returned and were awaiting the copies which we are talking about now. You wrote some very technical posts about how alterations of photos were determined, etc.

Having said that, I have confused myself as to what the copies would reveal when examined by experts knowing that copies were distributed through various people and 'missing' for 15 months (as you stated). I recall you discussing modifications which I do understand every time I fiddle with my photos and even just access them. That is just one example I recall you discussing.

Also, I noticed the docs yesterday talked about USB hard drives--the photos revealed that. these have to do with the copies, not the original computers.

1906 days ago
1172.

SuxtobeRita    

1468. I think every single stalwart supporter of HKS, ANS, DL and LB can honestly and sincerely attribute this news to the brilliant methodology employed by Lin Wood and his team of Luke Lantta, et al who painstakingly uncovered the facts underlying the root cause and foundation for all these cases. They followed the trail and meticulously charted it step by step to where it began with Ford Shelley and G. Ben Thompson straight to the California DOJ/DEA/JB.

I have great admiration for Lin Wood and his team of lawyers. SC was the lynchpin--Ihave always said so and believed it without equivocation.

Posted at 11:19PM on Jul 13th 2009 by Howard Supporter


Amen Howard Supporter! Amen!


I’m still in the middle of processing all of this but I just want to make a quick comment about how proud I am of both Howard and Lin Wood for staying as strong and resilient as they have over the past two plus years. I remember when I first heard that Anna died I truly thought that any moment we where going to hear of Howard’s suicide; I always thought that Anna and Howard where that close. And then to see the sick actions of FS and GBT not only break into Anna’s home and steal all their stuff the day after she died but to steal their home movies and to manipulate them against him (And DL! They where trying to steal HER house!) when all he is still probably just trying to do is just get over the shock of losing Anna....

For more than two years They have tried so hard to wear Howard down throwing every sick thing they can think of at him (The “clown” video, that picture of Anna holding DL (God! How sick are these people?!! BS books) And he never gave in.

Ford Shelly and G. Ben Thompson can cut any deal they want. It won’t matter. At all. They have already bought themselves a one way ticket to Hell. And they are not going to be able to talk their way out of this one.

1906 days ago
1173.

Howard Supporter    

Ford Shelly and G. Ben Thompson can cut any deal they want. It won’t matter. At all. They have already bought themselves a one way ticket to Hell. And they are not going to be able to talk their way out of this one.

Posted at 12:07PM on Jul 14th 2009 by SuxtobeRita

I am also still processing all of this--there have been long periods of inactivity with the SC lawsuit and I have forgotten some of the details--not that this is an easy case to understand as it is very, very different from all the defamation (and libel) cases of he said, she said notoriety. Of course, it is less complex than the Marshall v Marshall case, thank goodness.

I have been re-reading the docs filed yesterday in the Georgia District Court which have so many attachments, as outlined by SWIM last night to make it all easier to comprehend. It goes back to numerous correspondence in 2007 between Thompson lawyer Campbell who left the case, then to Susan Brown who will, no doubt, be leaving the case and I'm not sure that GBT even has had a lawyer since Campbell.

But, it is clear from reading that Lin Wood/Lantta never ceased writing and calling them and also speaking directly to FS and GBT over the phone attempting to resolve everything by forcing them to return the personal property of ANS which belongs to the Estate and always has since her death. In his depo, GBT says he never authorized FS to take all her things yet he took cellphone photos of the fridge at Horizons. When it comes to the clown video, which comprises much of the doc uments filed, it seems that an EDITED copy was returned to Lin Wood's office! These edited copies were disseminated to numerous people, including media and O'Quinn people.

By August 2008, Rita Cosby was subpoening FS/GBT to turn over the stolen docs--and finally, Wood motioned for a TRO which went into effect some time around then. I still can't figure out how Wood accessed the Common Interest and Confidentiality Agreement between Susan Brown and McCabe--since she has motioned to quash the subpoena for docs and depo. S. Brown also offered up all the mini-dvd's as she calls them and 'audio videotapes' to Lin Wood. I had forgotten ANS; cellphone was also stolen by FS/GBT. Melanie and Gina (the wives) are also scheduled for depos.

So, in retrospect, I now see that all of this information is being revealed slowly and meticulously detailed so as to be brought under the umbrella of this lawsuit by the Estate of ANS within the strict adherence to the law as outlined in the Complaint--one of the counts in the case is civil conspiracy between GBT and FS to remove these personal possessions to hawk them to the media AND share them with other hawkers (Clark-Arthur--the label from BDK on the external hard drives that were returned).

1906 days ago
1174.

Only swim in the Ocean    

...
In reading this, it seems that an attorney must specifically present a complete different and new set of production requests for the actual "metadata"/spoliation, if not given voluntarily then would motion to compel based on spoliation only. Totally separate. What gave the forensic examiner and/or the Judge/ and or McCabe the right to compel more than originally ask for and allow the forensics to search for MUCH more than the production requests (ie spoliation)? Or am I reading this wrong?

Posted at 11:34AM on Jun 22nd 2009 by Just Curious
*****
I think that you are reading it correctly and that the Federal standard prevails (for now) since TX doesn't have its own rules regarding discovery of electronically stored information. This may become an issue with the TX 1st Court of Appeals if it gets to that point (HKS's Writ of Mandamus) or may become moot at some time since the TX Supreme Court has a different case before it now which seeks to clarify rules for discovery of such records.

However, HKS's writ of mandamus first points out that Lindsay hasn't followed any TX law in her order to compel.

1) Lindsay cannot order production of HKS's out-of-state possessions when she doesn't have personal jurisdiction over him.
2) Lindsay's order exceeds the parameters of 'jurisdictional' discovery.
3) A discovery order for 'everything' is on the face of it, illegal.

• Another issue: HKS tells the Appeals Court that all of his highly privileged information (other civil and the criminal case emails, briefs, records, etc.) as well as ANS/Estate proprietary information (which could be high-jacked by others for profit, like FS/G. Ben did) is on his computer. If Ball was allowed to image his entire hard-drive, he would 'possess' substantial amounts of information that could not be trusted to be kept confidential.

• What has happened with other people: Example, Ball was supposed to report his findings to Bonnie first, so Bonnie could create a privilege log, then report his findings plus the log to the Court. Instead, McCabe was writing a Motion to Compel for LB wherein he obliquely referenced Ball's findings regarding Bonnie's hard-drive at the same time that Ball was writing his report directly to the Court. Lindsay's improper order to compel doesn't allow Ball to communicate his findings directly to McCabe.

1928 days ago
1175.

Sven    

To be redundant and also to ask for everyone's opinions -- don't the questions I just raised raise questions for any of you all? This is why, after all these 2 years, I am still asking myself "something, everything is just not going together, something or some things are missing in this whole scenario".

It just does not all fit together.

And even though the Ben family had their own personal agendas regarding the theft, they did purposefully turn over the computers to the authorities within 2 weeks for the purposes of investigating Anna's death. Whatever their ulterior motives, they still felt something was awry and wanted the Florida authorities to investigate here death.

No, I do not think that someone/anyone wanted to kill her, but I do believe that a criminal charge of negligence may be brought and should be brought by authorities in California and Florida if only to prevent this type of scenario from playing out again.

I recall the recent case of (what's his name) the Australian actor from Broke Back Mountain - his girlfriend was called before 911. Again - could he have been saved, as well? Perhaps, the only way to get associates, friends, etc. of "famous people" to do the right thing (that most of the regular people do) - i.e., FOR GOD SAKES, call 911! is to bring someone up on negligence to send a message, if nothing else!

I'm sure some of us have had (I know I have had) an experience where either I myself or someone I loved says, "I don't want to go to the hospital" -- yes, and well, sometimes the only person in attendance has to make a "life and death" decision" and go against the wishes of the person we love who may not be acting in full mental capacity.

The thing that irks me and angers me in Anna's case, is how 3 professionals, one nurse, one EMT and one lawyer (and the nanny, as well) could all three decide NOT to call 911 - didn't any one of them bring up for discussion the possibility that calling 911 may have been a better solution?

They all four say they "attempted" to call 911 - but none, not one, actually did. That is very question that needs to be evaluated and investigated by the proper authorities and all the phone calls between these individuals need to looked at once again.





1928 days ago
1176.

Only swim in the Ocean    

Another writer who incorrectly thinks the CA Bankruptcy and Federal District Court awarded ANS part of JHM II's Estate. The case before the 9th Circuit, oral arguments this Thursday, is about a debt Pierce Marshall/his Estate owes ANS/ her Estate for his tortious interference.

http://www.politicsdaily.com/2009/06/22/anna-nicole-and-the-endless-quest-for-loot/

Amazing how many writers seek the limelight with half-baked opinion pieces like these.

1928 days ago
1177.

Sven    

Swims: Asking your opinion on the JHM estate. Not knowing your background but thinking you must have some previous knowledge, candidly, do you think Anna's estate will ever get anything "Bottom Line" from the Estate? And/or possibly do you think it will be settled out of court and attorney's fees handled by both parties and no one gets a dime for either party? You seem to have more knowledge than most. I once (many, many years ago) worked in an estates will, etc., division of a national, well-known law firm but never experienced working on any cases like this. What is your "gut" feeling? I'm curious.

1928 days ago
1178.

THANK YOU    

Wonder why WV is on the internet, just seconds ago saying that she is sure that the Speers case has been dropped and the papers were filed last friday } July 10th. Any thoughts on if Lin Wood and HKS would drop the case? If true.

1906 days ago
1179.

Howard Supporter    

1477. Wonder why WV is on the internet, just seconds ago saying that she is sure that the Speers case has been dropped and the papers were filed last friday } July 10th. Any thoughts on if Lin Wood and HKS would drop the case? If true.

Posted at 1:38PM on Jul 14th 2009 by question

The case was ordered to mediation by Judge Strobel. Post mediation conference is due July 30, 2009.

WV is a nutcase and her involvement in all these cases including the criminal case is being revealed as we speak. Her involvement in the Cosby case is legendary--and the ludicrous and fabricated existence of a sex video has been already denigrated by Judge Chin in front of media at the Oral Hearings in NYC on July 7th.

1906 days ago
1180.

Megs    

To no way out,

Anna's September 24th due-date came from Larry Birkhead himself who stated it during an interview in August, 2006. He said Anna's LA doctor established that date the previous April. When Bonnie said "mid-October" she was just repeating Anna's early guess at a due-date from when she first told of her pregnancy at the beginning of March. Do the math yourself. A full-term pregnancy is 38 weeks when counted from the date of conception. Larry stated repeatedly that Dannielynn was conceived on January 1st, 2006, the day Anna returned from South Carolina. From that date forward 38 weeks is September 24th. According to Dr. Minnis' file in the Bahamas as appeared in Anna's autopsy report, Anna scheduled her c-section for September 14th. She would not have done that if her due-date had been mid-October.

Certainly Anna told everyone Larry was the father throughout most of her pregnancy. Howard would have believed that too. You missed my point. Apparently it wasn't until almost the end of Anna's pregnancy that she got the idea into her head to trick Howard into believing he could be the father, precisely because she was so fearful of Larry making good on his threats to try to take the baby away from her. Bonnie received an e-mail from Anna at the end of August, 2006 that read:
"went to doc today and my due date is in 2 weeks!!!!! ..........hello aunt bon bon dont tell your parents its a surprise howard wants to tell them! .....love you ..... kisses anna".

"Stern knew Birkhead was the father, that's why he gave her drugs"? Not so. For one thing, Howard wasn't around Anna much during her pregnancy since he was busy with the Marshall litigation. Larry was the one living with Anna part of that time and said she was taking her own medications. More importantly, if there has been any benefit, if you can call it that, from this Criminal Complaint, it has helped dispell some myths about Anna's drug use. Dr. Kapoor prescribed only four medications for Anna during her entire pregnancy --- Xanax for panic attacks, Ativan for seizures, Ambien for insomnia, and Methadone for chronic pain --- all intended to keep enormous stress at bay to better ensure Anna kept her pregnancy. For the same reasons Dr. Eroshevich took over the prescribing for Anna after she left LA for SC then FLA then the Bahamas.

People would usually pay fines, not go to prison for having their names on other people's prescriptions that are intended for the recipients. However it is not unusual in California's celebrity culture for alternate names to appear on prescriptions for privacy reasons. Howard's handwriting sample was taken to compare it to the signature on the pharmacy log books, not to look for forged prescriptions.

1928 days ago
1181.

Hawaii spring break    

howard had many choices and options in his life, and he chose to be a drug dealer to a junkie ho, anna nicole and her (clandestinely) gay son.
why did he choose to be with people who clearly didn't respect nor loved him ? ! he was just a rx. drug supplier with a law diploma.
anna nicole and her son said awful, dirty things behind howard's back and even in front of him ( L.PAYNE, ANNA NICOLE SHOW,..) ). daniel met howard in 1997 when he was very young and he had never accepted him, not even as a friend ( friends don't talk bad about each other). anna nicole wanted a baby with somebody else, twice.

howard willingly participated in paternity hoax, put his name on fake birth certificate and claimed he was the father of birkhead's kid.

howard willingly helped anna nicole to con thompson regarding baby's paternity and they both tried to steal thompson's house.

howard and anna bribed shane gibson in order to get fake residency, and howard even took pictures of anna

1906 days ago
1182.

Howard Supporter    

• What has happened with other people: Example, Ball was supposed to report his findings to Bonnie first, so Bonnie could create a privilege log, then report his findings plus the log to the Court. Instead, McCabe was writing a Motion to Compel for LB wherein he obliquely referenced Ball's findings regarding Bonnie's hard-drive at the same time that Ball was writing his report directly to the Court. Lindsay's improper order to compel doesn't allow Ball to communicate his findings directly to McCabe.

Posted at 3:54PM on Jun 22nd 2009 by Only swim in the Ocean

You noticed? How can an improper order NOT allow more improprieties by its very nature? The case has been improper from the day it was transferred out of Judge Kerrigan's court--September 2008. The emphasis on bloggers and their alleged tenuous ties to the main defendants is to use the Texas defendants to get the rest. Everyone knows this and nobody has a solution to preempt more improprieties in a case overloaded with same.

The only answer is to legally throw it all out and be done with it.

Until then, the major cases are overshadowed by the overemphasis on bloggers and the distractions of neverending opinions.

1928 days ago
1183.

Adub    

1076. Another writer who incorrectly thinks the CA Bankruptcy and Federal District Court awarded ANS part of JHM II's Estate. The case before the 9th Circuit, oral arguments this Thursday, is about a debt Pierce Marshall/his Estate owes ANS/ her Estate for his tortious interference.

http://www.politicsdaily.com/2009/06/22/anna-nicole-and-the-endless-quest-for-loot/

Amazing how many writers seek the limelight with half-baked opinion pieces like these.

Posted at 4:05PM on Jun 22nd 2009 by Only swim in the Ocean

And it was not about forum shopping either. They all want to push that point. As if. Anna was filing banckruptcy in CA, Pierce followed her there. Anna could have had no idea that Pierce was going to file a claim in the CA bankruptcy court. Pierce created this mess, not ANS. She just had good attorneys that sought to put Pierce in his place.

1928 days ago
1184.

Only swim in the Ocean    

OsitO, you’ve pinpointed something that I’ve observed for a long time which is the blatant sexist perception of Anna Nicole Smith as a helpless, dumb female being controlled by a svengali dog carrier. The idea that an uneducated, tough willed, street smart woman could not possibly be the one who called the shots over a U of C educated lawyer is a throw back to the 1950’s image of womanhood. What is amazing is the biggest propagandists of this idea have been the most aggressive, take-no-prisoners, ball busting women you’ll ever come across. I’m not so naïve as not to realize that this idea serves the agenda of Team Texas, but it is something how many women have accepted it without question.

The concept of a dog-carrying svengali is an interesting one and quite serviceable. It allows Stern to be morphed from dog-carrier to svengali in an instant depending on which serves the agenda at the time. Never mind that it makes no sense.

Posted at 12:19PM on Jun 22nd 2009 by Plain Truth
*****
The O'Q/VA operatives have never let truth, logic, evolving news, court docs or common sense interfere with their blogging. Some of their never-ending, never evolving or refined themes:

1) everybody/every institution in two countries is corrupt or incompetent except VA and members of the TX cabal.
2) all eye-witnesses are liars, all first-hand accounts are lies, only tangential/peripheral hangers-on/fame-whores are to be believed.
3) HKS bought off entire States/Countries and/or HKS has no money and never will, HKS is stupid and a purse-carrier and/or HKS is the most evil and clever svengali ever, HKS lies about everything and/or specific phrases out of context are the absolute truth, etc.
4) TX bloggers affected the deliberations of the Bahamian Supreme Court and/or affected the private dealings of LB with VA/O'Q at the same time (to buy DL) and 'poor Virgie' has been damaged ever since.
5) every media organization on earth that reports different information than the O'Q/VA fabrications is untrustworthy and laughable if used as 'source' material.

But underlying all the contradictory and out-dated and fabricated notions is the TX cabal's open disgust with ANS, her life, her lifestyle and all of her closest people. McCabe writes personal insults into his legal filings repeatedly. Moonbeam JB echoes/mimics the TX cabal's notions about the helpless, drug-addled, victimized ANS that NO ONE who knew ANS recognizes.

This is the danger of media-whoring in America. If low-life lawyers repeat crap often enough, casual observers (potential jurors or weak-minded/opportunistic public officials) might begin to believe it. It's happened in the ANS saga. What typical American could have marshaled the legal talent that HKS has done to fight this well-financed campaign to denigrate and destroy himself, LB and the peace and security of little DL?

1928 days ago
1185.

Sven    

Has anything been addressed in the courts regarding DannieLynn's physical heath and/or development and whether there is any indication of possible problems in her development or not that might be attributed to her mother's use of drugs and/or diet programs during her pregnancy? Has this been raised as an issue by any party as of yet?

And how is DannieLynn doing?

1928 days ago
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