Tuesday, September 22, 2009
Those documents also contain stunning allegations that two of Smith's doctors engaged in sexual activity with her.
Click here to see other shocking photos of Anna Nicole’s doc snorting white powder.
The prescription in question, according to court documents, consisted of 300 tablets of methadone, two sedatives, a muscle relaxer, an anti-inflammatory drug and four bottles of painkillers. The pharmacist in Valley Village, California told investigators he thought, "They are going to kill her with this," when the prescription was submitted via fax by her psychiatrist.
AWOL Defendant In Anna Nicole Death Case Appears In Court; Arrest Threat Dropped
The request for the drugs came just five days after Smith's 20-year-old son Daniel died at her bedside in the Bahamas.
Howard K. Stern And Two Doctors Charged With Providing Drugs To Anna Nicole SmithLess than five months after the pharmacist refused to fill the order, on Feb. 8, 2007, the 39-year-old overdosed on prescription medication in a Florida hotel room.
Smith's doctors, psychiatrist Khristine Eroshevich and internist Sandeep Kapoor, and her friend, attorney Howard K. Stern, have all pleaded not guilty to charges they conspired to illegally provide Smith with the drugs that led to her fatal overdose at 39 in a Florida hotel room in Feb. 2007.
Lawyer: Cocaine Scandal Photos Of Anna Nicole’s Doc a Prescription For Prison!
And in yet another bombshell revelation, the court documents also allege that both Eroshevich and Kapoor engaged in sexual conduct with the heavily-medicated Smith.
Three photos on the hard drive of Smith's laptop show the model and Eroshevich naked and embracing in a bathtub, according to an affidavit. The photos are dated two months before Smith's death.
Delay In Anna Nicole Death Case; Radar Shows Doc Explosive Photos
Another document cites video, previously aired on Inside Edition, showing Smith in a "nightclub setting" with a shirtless Kapoor who "was kissing and nuzzling" her.
Monday, September 21, 2009
Anna Nicole Smith's psychiatrist put in a massive drug order for the model just months before her death, requesting a cocktail of pills that included 300 methadone tablets and "hospital heroin" from a pharmacist who refused to fill the "suicidal" prescription, explosive unsealed affidavits revealed Monday.
Smith's psychiatrist Dr. Khristine Eroshevich ordered two sedatives, 300 meth tablets, a muscle relaxer, an anti-inflammatory drug and four bottles of a painkiller known as "hospital heroin" from a pharmacist, who denied the psychiatrist's request because the order could've killed Smith, the Los Angeles Times reported Monday.
"They are going to kill her with this," the pharmacist said he thought when the order was filed, according to the affidavits obtained by the Times.
The prescription was "pharmaceutical suicide," the pharmacist said.
The affidavits claim that Eroshevich and internist Sandeep Kapoor gave Smith, who died from an overdose of prescription meds, access to a host of addictive drugs that could've led to her death.
The explosive affidavits also reveal that both doctors had sexual relations with Smith, the model who was known for marrying a man nearly three times her age and baring it all as a Playboy playmate.
Smith's former boyfriend and lawyer Howard K. Stern, who starred with Smith on her 2002 E! reality program "The Anna Nicole Show," was charged along with Eroshevich and Kapoor earlier this year with conspiring to provide the star controlled substances. They all pleaded not guilty to the charges, and a preliminary hearing is set for next month.
Smith's son Daniel died in the Bahamas just months before Smith herself succumbed to death on Feb. 8, 2007.
The model's body was found in a Florida hotel room. Smith was 39.
First Published: Sep 21, 2009 7:05 PM PDT
Sunday, September 20, 2009
Anonymity of some threatened; others try to bury public records
By MARY FLOOD HOUSTON CHRONICLE
Sept. 20, 2009, 9:52PM
Freedom of expression may seem boundless on the Internet, but in Houston and around the nation, computer users are increasingly finding their speech is not infinitely protected.
Recent Harris County cases have shown that the worldwide forum offered by the Internet ups the ante and consequences of everything from idle chatter to the information in public records.
Dave Heller, staff lawyer for the Media Law Resource Center in New York, said anonymous bloggers and commenters might have “reason to pause in the current climate” because of cases around the country where judges have ordered their names revealed in court cases.
At the same time, he said, courts are trying to strike a balance between public access and privacy as their own records become more accessible.
“Some people are naturally freaked out,” he said, when public documents move from musty courthouses to online.
What was gossip over coffee before the Internet becomes a permanent stain viewable by the universe once posted. What were once obscure but long-public government documents, become potential identity theft time bombs and privacy invasion headaches when easily accessible online.
In Houston just this summer, the specific demands of the law smashed up against the Web in these instances involving speech and public records:
• • Two bloggers who posted their opinions or hosted the thoughts of others about Anna Nicole Smith's mother were stunned when they were jailed for contempt of court for refusing to give the court their computers for forensic review.
• • A man accused of killing his girlfriend's 4-year-old girl subpoenaed six local media outlets to learn the identities of 300 people who posted comments on news stories about the case.
• • Two judges issued orders to protect attorneys' personal information from making its way onto the Internet even though it was public record.
• • As county records are loaded online, judges in family courts have requested some public records remain harder to get for now.
Courts continually struggle to interpret and apply free speech and privacy laws that were written generations ago with newspapers in mind, said Chip Babcock, a Texas media lawyer who represents journalist Art Harris, sued along with several bloggers in the defamation case filed by Anna Nicole Smith's mother, Virgie Arthur. “The Internet is such a powerful tool and such a potentially intrusive thing that judges are being pulled away from the model.”
In the Arthur defamation case, Harris County District Judge Tony Lindsay temporarily imprisoned two bloggers and confiscated the computers of Babcock's entertainment journalist client.
A more common problem for bloggers and commenters is losing just their anonymity when they've made negative comments and are sued for defamation.
Locally, Bert Steinmann, lawyer for Lucas Coe accused in the blunt-force trauma death of 4-year-old Emma Thompson, said he wants the identities of the anonymous commenters to keep them off the jury if they exhibited bias, to see if a motion to move the case is necessary and to possibly question some about their apparent first-hand knowledge of the case.
Most newspapers and electronic media fight back to some extent but most also post warnings that the media will relinquish identity information if required to in a legal proceeding. Trying to keep everyday speech on these Web sites secret has been a losing battle.
Another place law and the Internet are clashing locally is in district courts as Harris County District Clerk Loren Jackson is swiftly updating the system and putting public records online.
Jackson said family court judges have asked him to hold off putting their files online because of concern for some private information. Two criminal court judges recently issued orders, one later rescinded, telling Jackson not to place certain personal financial information about attorneys online, though the information is also public.
He said people call his office sometimes asking that public information be redacted from files now that those files are on the Internet. But he said his office doesn't make that decision; judges do.
These growing pains are likely to continue as local and federal the laws are applied to the content on the Internet, which the U.S. Supreme Court has called essentially the most democratic mass media ever invented.
Man, Facing 90 Charges of Child Porn Possession, Blames Cat
STUART, Fla — Authorities have filed another 90 charges of possession of child pornography against a Martin County man who blamed the crime on his cat.
According to a sheriff's report, Jensen Beach resident Keith Griffin told investigators that pornographic images downloaded when his cat jumped on his computer keyboard while he was downloading music.
Griffin was arrested in early August and charged with 10 counts of possession of child pornography. Investigators filed the additional charges on Thursday.
Griffin is being held in lieu of $2.2 million bail at the Martin County Jail. He was not immediately known if he has an attorney.
Sheriff's officials said a family friend was caring for the cat.
Sunday, September 13, 2009
A companion of late Playboy model Anna Nicole Smith can sue an author for defamation but not over gay sex claims because homosexuality is no longer viewed as contemptible, a U.S. judge said on Wednesday.
Howard K. Stern is suing Rita Cosby and the Hachette Book Group over Cosby's bestseller Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death.
Stern is the former lawyer and boyfriend of Smith, the Playboy playmate and Guess jeans model who died in 2007 from an accidental prescription drug overdose.
Stern claimed the book, which was published six months after Smith's death, contained 19 libelous statements, including that he had engaged in oral sex at a Los Angeles party with Larry Birkhead, the father of Smith's child, and that Smith had later called Stern gay.
U.S. District Judge Denny Chin ruled the defamation case could proceed on 11 of the statements.
Chin dismissed Stern's claims that statements implying he was homosexual were defamatory, although he acknowledged that gays and lesbians still suffered prejudice.
"I respectfully disagree that the existence of this continued prejudice leads to the conclusion that there is a widespread view of gays and lesbians as contemptible and disgraceful," the judge said.
Chin ruled that Hachette could not be sued because it had no reason to doubt the truth of the book. But he noted Cosby, who is also a television reporter, had to answer to claims that she knew some of her sources were not truthful.
"Cosby's actions are extremely troubling, and suggest that she was attempting to obstruct justice by tampering with witnesses," the judge said.
Hachette gave Cosby an advance of $405,000 plus royalties for the instant bestseller, the ruling said.
A lawyer for Cosby, Elizabeth McNamara, said she was pleased the case had been narrowed down.
"As to the remaining statements, we are fully confident that a jury will dismiss them as well once it hears all the evidence surrounding Howard K. Stern's life with Anna Nicole Smith," she said.
Stern's lawyer, Lin Wood, called the decision a victory.
"Defamation cases brought by public figures, such as Mr. Stern, only go to a jury in the most egregious of cases, and Judge Chin has found the case against Cosby to be one of those cases," Wood said in a statement.
In a separate case, Stern, 40, and two doctors face an October hearing in Los Angeles on charges they were illegally supplying Smith with prescription drugs for years.
Wednesday, September 10, 2008
Jonathan Lee Riches v. Michael Vick
Give or Take a Billion Dollars. Michael Vick of Atlanta Falcon football fame, and more recently known for his alleged involvement in a dog fighting ring, has been named in a $63,000,000,000.00 lawsuit alleging the theft of some dogs.
The handwritten complaint, filed in the U.S. District Court in Richmond, Virginia, alleges, among other things, that Michael Vick stole two mixed pitbull dogs from the plaintiff, used the dogs in several dog fights, and then sold them on eBay and used the proceeds to buy missles from the Iranian government.
The rambling fantasy of a lawsuit furthers that Vick has sworn allegiance to al-Qaeda; has subjected the plaintiff to microwave testing; used drugs in a school zone; and is in the business of illegal steroids.
The plaintiff, who is serving time in Federal prison for wire fraud, prays for the judgment to be backed by gold and silver and delivered via UPS to the front gates of the prison.
** Jonathan Lee Riches has become a bit of an icon for filing bizzare and frivilous lawsuits. His masterpiece came in 2006 when he sued almost everyone under the sun -- alive and dead, including George Bush, Hillary Clinton, Malcom X, George Orwell, Skittles (the candy), AccuWeather.com, and 57 pages of other defendants.
Avista Management v. Wausau Underwriters Insurance
Rock, Paper, Scissors - I Win! In a case where a hotel investment firm sued an insurance company for allegedly not paying an insurance claim fast enough after Hurricane Charley, attorneys for the parties seemed at odds with each other from the get-go. When it came down to where to depose a witness, the attorneys would do no better. Not being able to select a location between themselves, the court was asked to intervene. U.S. District Judge Gregory A. Presnell was not amused. After chastising the attorneys for not being able to agree on even the most simplest of things, Judge Presnell issued his written ruling:
"[T]he Court will fashion a new form of alternative dispute resolution, to wit: at 4:00 P.M. on Friday, June 30, 2006, counsel shall convene at a neutral site agreeable to both parties. If counsel cannot agree on a neutral site, they shall meet on the front steps of the [Courthouse]. Each lawyer shall be entitled to be accompanied by one paralegal who shall act as an attendant and witness. At that time and location, counsel shall engage in one (1) game of 'rock, paper, scissors.' The winner of this engagement shall be entitled to select the location for the 30(b)(6) deposition to be held somewhere in Hillsborough County during the period July 11-12, 2006."
** The two lawyers met on June 7, 2006, a day later, and agreed to the location for the deposition, making the game unnecessary. For fear of being held in contempt of court, defense counsel filed a motion asking the judge to call the game off. Plaintiff's counsel joined in the motion. The judge vacated his previous ruling with the following, "With civility restored (at least for now), it is ordered that the motion is granted."
Ross v. GTE
Attorney's have been called Sharks, but Reptiles? A Southern California attorney (full name intentionally withheld to avoid further embarassment) filed a lawsuit against GTE California (now Verizon) for being listed in its GTE Yellow Pages directory under the heading of "Reptiles." The lawsuit seeks damages in excess of $100,000.00 and alleges that the attorney became the target of jokes, rude telephone calls, people making hissing sounds in jest, and suffered other forms of ridicule and embarassment. It appears as though GTE inadvertantly listed the attorney under the heading of "Reptiles" in its December 1999 Yellow Pages due to the fact that the the attorney's telephone number was previously issued to a recently defunct business named the "Reptile Show." Somehow GTE forgot to update its records. Ooops! On a positive note, the attorney was listed below "Prehistoric Pets" and "Radical Reptiles."
Bradshaw v. Unity Marine Corp.
Now, Now Children. The plaintiff filed suit after allegedly sustaining injuries during his employment as a shiphand on a tug boat. Defendant filed a motion for summary judgment to dismiss the case. After submitting written briefs and having oral argument, the court handed down its written ruling, as follows:
"Defendant begins the decent into Alice's Wonderland by submitting a Motion that relies upon only one legal authority ... Plaintiff responds to this deft, yet minimalist analytical wizardry with an equally gossamer wisp of an argument, ... naturally Plaintiff also neglects to provide any analysis whatsoever .... Instead, Plaintiff 'cites' to a single case from the Fourth Circuit. Plaintiff's citation, however, points to a nonexistent Volume '1886' of the Federal Reporter ... and neglects to provide a pinpoint citation for what, after being located, turned out to be a forty-page decision. (What the ...)?! The Court cannot even begin to comprehend why this case was selected for reference. It is almost as if Plaintiff's counsel chose the opinion by throwing long range darts at the Federal Reporter (remarkably enough hitting a nonexistent volume!) ... Despite the continued shortcomings of Plaintiff's supplemental submission, the Court commends Plaintiff for his vastly improved choice of crayon -- Brick Red is much easier on the eyes than Goldenrod, and stands out much better amidst the mustard splotched about Plaintiff's briefing ...
It is well known around these parts that [Plaintiff's] lawyer is equally likable and has been writing crisply in ink since the second grade. Some old timers even spin yarns of an ability to type. The Court cannot speak to the veracity of such loose talk, but out of an abundance of caution, the Court suggests that Plaintiff's lovable counsel has best upgrade to a nice shiny No. 2 pencil or at least sharpen what's left of the stubs of his crayons for what remains of this heart-stopping, spine-tingling action ... In either case, the Court cautions Plaintiff's counsel not to run with a sharpened writing utensil in hand -- he could put his eye out."
Defendant's Motion for Summary Judgment was Granted. Case dismissed.
Stein v. Willow Beach/Colorado River Recreation Association
I'm OK, and So Am I. An attorney representing himself in a case for recovery of his fees had his case dismissed because he failed to appear for a scheduled court hearing. He subsequently filed a motion requesting relief from the judgment of dismissal based upon the theory that it wouldn't be fair to penalize the client for the mistakes of his attorney. Defendants filed their opposition to the motion, which included the following excerpt:
"Uniquely, Plaintiff herein, an attorney litigating in pro se, is alleging that he has caused his client (himself) irreparable harm for which he should not be made to bear the mistakes of his attorney (also himself). Defendants, jokingly, have dubbed this the 'Sybil' defense."
RQdN v. Teerlink, et al.
Just Imagine. In a case of one website versus another in a copyright infringement matter governed by the Digital Millennium Copyright Act of 1998 ("DMCA"), where the offending party had copied an entire website, replaced the logos with their own and uploaded the same on the Internet. During investigation of the matter, it was learned that the offending party had posted on their spiffy new website that they were incorporated in 1999 when, in fact, no such incorporating had ever taken place. In its demand to cease and desist, RQdN was heard to quip:
"We can only assume that such incorporation is a mere figment of your imagination, just as your website is a complete figment of ours."
Turnage v. Christy Brothers Circus
Nevermind the Monkeys, Watch the Horses!! The plaintiff, an unmarried lady, while attending a circus performance as a guest of the circus, was seated in the front row. During the show, "a horse, which was going through a dancing performance immediately in front of where plaintiff was sitting, ... caused to back towards the plaintiff, and while in this situation the horse evacuated his bowels into her lap, that this occured in full view of many people, ... all of whom laughed at the occurrence, that as a result thereof the plaintiff was caused much embarassment, mortification, and mental pain and suffering ..."
Judgment for plaintiff.
Koutsouradis v. Delta Airlines
Batteries Included. A 36 year old married woman filed a lawsuit against Delta Airlines for being publicly humiliated after she boarded a Delta Airlines flight with her husband in Dallas, Texas on a stop over from Las Vegas, Nevada to her home in Clearwater, Florida. After boarding, the woman surprising heard her name being called on the plane's P.A. system asking her to identfy herself and to please come forward. Alarmed, the woman complied, and was greeted by a Delta security agent who informed her that something in her luggage was vibrating. The woman was escorted off of the plane by the security agent and lead to the tarmack next to the plane where her luggage had been placed. The woman explained to the security agent that the vibrating must be from an adult toy she purchased while in Las Vegas. The security agent, not being satisfied with this representation, made the woman remove the toy from the luggage and hold it up for inspection, in full view of curious passengers looking out the windows of the plane as well as in front of a few Delta ground personnel who, as the complaint alleges, "began laughing hysterically." The woman was allowed to repack her luggage and return to her seat on the plane. Albeit, a little red faced we're sure.
Mattel v. MCA Records
Barbie! Now with Pirate Accessories. MCA released a song entitled "Barbie Girl," which didn't paint the toy doll in the best of light. After the song hit the Top 40, Mattel filed an infringement suit for the unfair use of the name. MCA countered by agreeing to place a disclaimer on the album stating that the song was "social commentary and not created or approved by the makers of the doll." Mattel shot back, "That's unacceptable ... It's akin to a bank robber handing a note of apology to a teller during a heist. It neither diminishes the severity of the crime nor does it make it legal." MCA then filed a counter-claim for defamation based upon Mattel's characterization of MCA and its use of the words "bank robber," "heist," "crime," and "theft."
In dealing with MCA's counter-claim for defamation the court opinined, "All of these terms are variants of the invective most often hurled at accused infringers, namely 'piracy'. No one hearing this accusation understands intellectual property owners to be saying that infringers are nautical cutthroats with eyepatches and peg legs who board galleons to plunder cargo."
In this rather heated trial and appeal, where the parties used the press to trade insults and slurs at one another, MCA ultimately prevailed and the song was deemed non-infringing. The court's opinion aptly ends:
"The parties are advised to chill."
Pillars v. R.J. Reynolds Tobacco Co.
Hold the Toes Please. "We can imagine no reason why, with ordinary care, human toes could not be left out of chewing tobacco, and if toes are found in chewing tobacco, it seems to us that somebody has been very careless."
Gordon v. Secretary of State of New Jersey
Rock the Vote! Plaintiff, while a guest in the Worcester County Jail in Massachusetts, filed a complaint in pro per alleging (1) that he was a certified candidate for the office of President of the United States; (2) that on December 2, 1978 [sic] Plaintiff was unlawfully arrested while campaigning in the New Hampshire Presidential Primary, and unlawfully jailed without bail until March 15, 1976. As a consequence, the 1976 presidential election was fraudulent; (3) that had there been a free legal 1976 Presidential election, Plaintiff would have become the President of the United States; (4) that Jimmy Carter illegally holds the Office of the President of the United States; and (5) that Plaintiff should be released from jail so that a new and legal Presidential election can be performed.
Case dismissed as frivolous.
I am the Beast Six Six Six, etc., v. Michigan State Police, et al.Unreported,
Beast of Burden. The Plaintiff filed his complaint, in pro per, alleging over sixty (60) civil rights violations that he endured in a series of incidents arising out of a peaceful demonstration and seeks damages in the amount of $1,998,000,000. Plaintiff alleges that he began a peaceful demonstration on the steps of the State of Michigan's capitol; and that he was approached several times by the Michigan Capitol Post Police who inquired about Plaintiff's purpose for being on the capitol steps and his identity. Plaintiff explained that he had renounced his given name of Edmond Frank MacGillivray Jr. in exchange for "I AM THE BEAST SIX SIX SIX OF THE LORD OF HOSTS IN EDMOND FRANK MacGILLIVRAY, JR. NOW. I AM THE BEAST SIX SIX SIX OF THE LORD OF HOSTS IEFMJN. I AM THE BEAST SIX SIX SIX OF THE LORD OF HOSTS. I AM THE BEAST SIX SIX SIX OTLOHIEFMJN. I AM THE BEAST SSSOTLOHIEFMJN. I AM THE BEAST SIX SIX SIX. BEAST SIX SIX SIX LORD." Plaintiff was taken into custody that evening for trespassing by capitol police and turned over to the Lansing Police Department. From there Plaintiff was brought before a District Court judge. The judge told plaintiff that he was charged with trespassing, and asked for his plea of innocent or guilty. A discussion about Plaintiff's name and mental status ensued and Plaintiff was eventually taken from the courtroom at the judge's direction. He was placed in an observation cell where he began to chant and pounded his head on the door and walls. Plaintiff attempted suicide by slitting his wrists and was transported to a medical facility where he was diagnosed as having a brief reactive psychosis. The Plaintiff recovered. This lawsuit followed from his cell in the Ingham County Jail in Michigan.
Defendants' motion to dismiss the action was granted by the court.
In re Skupniewitz
So Sue Me. "This case presents the perhaps unprecedented situation of a court, as litigant, petitioning itself, as court, for relief."
Skydiving Center v. St. Mary's County Airport Commission
Aerospace? "Plaintiffs also contend that parachute jumping falls within the right to travel protected by the Fourteenth Amendment."
Carter v. United States
Playboy Mystery Writer Unveiled? In a dissenting opinion, Justice Ruth Ginsberg wrote, "The Court's woodenly literal construction gives rise to practical abnomalies and effectively shrinks the jury's choices while enlarging the prosecutor's options."
Ruth v. Congress of the United States
Right to a Speedy Trial? Plaintiff, while a guest in the federal penitentiary in Atlanta, filed suit, in pro per, against the U.S. Congress. Among his allegations were the constitutionality of a number of statutes dealing with the salaries, retirement pay, survivors' benefits, etc., of Judges, U.S. Attorneys, Clerks, Marshals, and others; and that he was unjustly tried and convicted in both Federal and State courts because the charges against him were processed and tried by the court and staff in an extremely rapid manner, failing to consider all issues, due to the fact that the court "was overworked and under paid."
Case dismissed as frivolous.
Miller v. Silverstein
Yeah, But they Didn't Inhale. The Plaintiff, a Vietnam veteran, filed a complaint, in pro per, seeking $49 million in damages against Larry Silverstein, the alleged owner of "Runway 69," a Queens dance club, WNBC-TV Channel 4 television station, the City of New York, Presidents Bill Clinton and Richard Nixon, H. Ross Perot, John W. Vessey and Gen. Colin Powell.
"The gravamen of Miller's complaint is that the named defendants committed or aided others in committing illegal acts, including assassinations, over a twenty-five year period, beginning amidst the Vietnam War, in furtherance of a conspiracy to distribute Laotian heroin. He asserted that the defendants are still engaged in heroin trafficking today and that 'Goldfingers International,' a business that supplies nude dancers to nude dance clubs, is laundering the proceeds of the conspiracy through 'Runway 69.' Miller alleged that the proceeds are used for such purposes as covering up the 'Watergate scandal' and buying the 'cooperation' of the NYC Police Department."
Case dismissed as frivolous.
United States ex rel. Gerald Mayo v. Satan and His Staff
A Real Devil of a Litigant. Plaintiff filed suit against Satan and his staff for violation of his civil rights. Among the allegations were: (1) that Satan had on numerous occasions caused him misery and unwarranted threats, all against his will; (2) that Satan had placed deliberate obstacles in his path that caused Plaintiff's downfall; and (3) that by reason of the foregoing acts, Satan had deprived him of his constitutional rights.
The court noted that, "Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court."
The court went on about its concerns and further noted, "We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district .... the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process."
Case dismissed as frivolous.