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Posted on 03/09/2007 8:53:08 PM PST by mom4kittys
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Thread Number Two
Stern Works Double Stall in Smith Inquest, Paternity Suit
Thursday, March 29th, 2007
Court of World Opinion Waits on Bahamas to Catch Up
By Jeffrey Jolson
HOLLYWOOD, CA (Hollywood Today) 3/29/07 Day 3 dawns in the inquest into how Anna Nicole Smiths son died in her hospital room as Howard K. Stern works a double stall in both inquest and paternity suit.
After his influential Bahamas attorney pulled off an unprecedented motion that halted witness testimony in the inquest into the death of Smiths son Daniel, Stern has filed an appeal in his ongoing paternity battle over Smiths daughter Dannielynn that will delay the DNA results, likely past the April 3 hearing.
Why he wants to appeal the results before they are revealed may indicate he knows who the father is, and its not him. Entertainment Tonight notes that Stern followed court orders and drove Dannielynn to a lab for a DNA swab. Larry Birkhead also gave a sample.
His inquest stall tactic will likely run out today, as 40 witnesses are waiting to testify in a court case that also has election-year political implications in the Bahamas. Sterns attorney managed to have the courtroom cleared for two days while he argued to buck 300 years of Common Law Tradition and have the case heard without a jury or at least one without bias against Stern.
That may be hard to find. Inquiring minds want to know if the inquest will finally shed light into Sterns perceived complicity as a poll shows 9 out of 10 people do not agree with the recent Florida finding that her death was accidental.
The court of public opinion is just as important, or more important, than the court of law for the long term in high profile cases like this. In my expert opinion, Howard K. Stern is the next O.J., said Reputation Doctor Mike Paul. However, I personally think Stern may get away with murder- twice. The evidence may not be there to actually prove it in the court of law, but many believe he is already guilty in the court of public opinion.
From courtroom to living rooms, from water coolers to our pages here, people are saying the same thing. They basically relate enabling and complicity to criminal activity in the eerily similar double deaths, even if the letter of the law doesnt. No wonder, with comments from the media circus Peanut Gallery appearing all over TV, such as the ones from private dick Jack Harding, who says Daniel came to him before going on his fateful trip to the Bahamas.
Hammering home on Showbiz Tonight what he did earlier on Nancy Grace, Harding P.I. said In my opinion it is foul play. The police from the Bahamas came to visit me and said they found my business card on his body. Danny may have said (when he went to the Bahamas hospital to meet his mother and Stern) Im having a private investigator look into this and that may have sparked a bit of a problem for (Stern). He hated Stern and said that Stern hated him. (Stern) tried to get him out of the picture. He wanted complete control over Anna Nicole.
Forensic pathologist Dr. Michael Baden reviewing a witness list for the inquest pointed out some hotly-anticipated testimony. The two nannies are interesting because they talk about Anna accusing Howard Stern of causing the death of Daniel, that they heard Anna say these things, according to this list, he told Fox News. The list indicates there will also be testimony that puts methadone in the room, important as a big question will be how exactly did Daniel get the methadone that helped overdose him when he had just been picked up by Stern at an international airport?
Stern also released a press statement to help turn world opinion in his favor, or at least stop accusing him of doing nothing when she was deathly ill. Stern insists she would still be alive today if she hadnt refused medical help before her death. In a statement released late on Monday, Stern revealed he and other friends and aides had urged Smith to check into a Florida hospital after her temperature spiked, but, fearing a media frenzy, she insisted on sleeping off her fever.
Stern attorney Lilly Ann Sanchez said Howard will always wish that he had not left when he did that morning to go get the boat that he was picking up and they were going to sail back to the Bahamas later that day. You always, in any kind of situation, are going to think about what you could have done, should have done, maybe might have done.
But Howard, on that morning, he he was up with Anna, he helped Anna to the bathroom. She came back into the bed. She was feeling much better than she was before. She was alert. They conversed. She decided to go back to sleep, she told Larry King recently.
He checked on her before he left at about noon. He wasnt the only one that was with her. (Bodyguard) King Eric and his wife were with him. They decided not to wake her at that point. And he went on to do exactly what she had requested to go get the boat ready so that they could go back to the Bahamas.
Add Ron Rale, another attorney acquaintance of Sterns Howards just trying to get to a space where he can grieve. And Ill give you an example. Just like, you know, before Anna had passed away, with this inquest stuff pending, Howard was never concerned about himself. He was always worried about Anna. And as an example, when I was there in the Bahamas talking to Howard, with all of this the funeral preparations and all of the bad press out there and all of the witch-hunt type stuff Im talking about, Howards concern was for his parents always putting somebody else first.
If Stern were in my family, Id be concerned too.
I don't know, but CTV had her on yesterday via phone from Miami. That will be interesting to find out!
Even Larry King wondered how Dr. Perper could believe Howie.
I'm not exactly sure i understand this article. But it apparently links the drug midazolam to short term memory loss. If i'm reading it right, it could also explain why Anna apparently didn't seem fazed in the picture with her and Daniels dead body.
Amnesia Study Sheds Light on Memory
Volunteers underwent drug-induced short-term memory loss
By Robert Preidt
FRIDAY, July 28 (HealthDay News) -- Experiments where volunteers took an amnesia-inducing drug have brought new insight into how humans form memories.
The two-session study examined the ability of people to remember words, faces, landscapes, and abstract pictures. The study was conducted by researchers at Carnegie Mellon University and the University of Pittsburgh.
In one session, the study participants performed a memory exercise after they'd received an injection of a saline placebo. In the other session, they were given the drug midazolam, which is used to relieve anxiety during surgical procedures. The drug also causes short-term "anterograde" amnesia, the most common form of amnesia.
The study found that the drug hindered recollection, a process in which people retrieve contextual details (in this case, the study event) involved in the experience of studying information. But the drug did not affect the familiarity process, in which people recognize something that seems sufficiently familiar. They do this without using recollection.
The study authors noted that this same pattern is found in anterograde amnesia patients, who are unable to form new associations. This severely limits the accuracy of their recognition judgments.
"This helps us understand the general functions of memory. It helps us relate, for example, the memory declines seen in old age to those seen in patients with hippocampal damage," study lead author Lynne Reder, a professor of psychology and Carnegie Mellon, said in a prepared statement.
The study was published in the July issue of the journal Psychological Science .
WOW!
Anna Nicole Smith's Son Daniel Smith: Where Did He Get Methadone?
By Jennifer Cox
Mar 29, 2007
Where did the methadone that was in Anna Nicole Smith's son Daniel Wayne Smith come? It was in his system when he died. On CNN's 'Showbiz Tonight that was the discussion. Jane Valez-Mitchell put it well on the CNN show: "I think Harvey Levin (managing editor of TMZ) said it. The question is, why did he have this Methadone in his system and who gave it to him? But the even bigger question is, did he want it? Let's face it, Daniel was an adult, a young adult, but still an adult. If he sought it -- let's say he went to the hospital room, saw it there, picked it up, used it voluntarily, then that's his responsibility when he dies.
Anna Nicole Smith's Son Daniel Smith: Where Did He Get Methadone?
Now, if someone gave it to him and then he said, OK, I'll take it, I'll try it. Again, he's an adult. It's his responsibility. Somebody may have enabled him. But where the line between enabling and criminality happens is going to be something that has to be decided by judge and jury.
***
The host of the program, A.J. Hammer asks the reporter, "Jane, if you were Howard K. Stern, would you be shaking in your boots a little about this inquest?"
She answered: "I would shaking in my boots, but I would be shaking a little less after what happened(with no charged being brought in the death of Anna Nicole). I think what happened yesterday was a major change in the dynamic and the momentum of this whole saga. There had been this drum beat, from the public and the media, this is a tragedy, two people are dead, somebody's got to pay, somebody's responsible."
She later added, "And I think that it's going to be harder to prove criminality in Daniel's death now that that has happened, because it kind of shoots a hole in the whole conspiracy theory, she told hammer. "Yes, I would be very concerned, but, once again, it gets down to personality responsibility. And in a lot of cases where you see people convicted and the victim has died of drugs, they've slipped the drugs to the person or they forced the person to take the drugs against their will. And at this point, I don't see either of those two scenarios happening.
***
The Bahamas already seems overwhelmed, we may never really know what happed.
http://www.nationalledger.com/artman/publish/article_272612396.shtml
First Lilly replaced Barfbag and now the PR firm will replace Lilly. Wonder if they'll be able to spin HKS into a good position. Doubt it. It doesn't help when your clients profile looks like the devils.
Good morning all
I have a semi busy day so I won't be able post as much.
I'm laughing about the PR firm..too funny. Also the last tidbit in that article regarding a "jury pool". It seems for SOME reason that Howie is pretty sure he's going to be charged with something.
Hope you are all well
Somehow I don't think Howie will sue John O'Quinn, who would then have a bigger forum to trash Howie.
I heard on CTV today that Anna weighed 178 pounds when she died.
Good morning Trish!
Good morning TrishaSC! Don't work too hard.
I wanted to add this. It's important that the internet community continue to put the heat on Stern. Notice the way this story is now being reported. It's the Katie Couric "Some people say...". It's a way the press distances themselves and can still say we're not being biased and hence not be sued by Stern. Notice that it wasn't until after the press conference that some of the media began putting the focus on what the internet bloggers and message boards were saying. They can't say what we're saying but they sure as heck can report it..if you know what I mean. The same tricks they use with politics they are using with this..so let's use what we know about them to our advantage.
OQ would probably tell Howieanna to bring it on, and you better come big.
If the magistrate rules in favor of Stern, I'm turning off Court TV and putting on one of the music channels, probably 'Singers and Standards,' to calm down.
Yeah. They use us when it's convenient for them.
That Chloral Hydrate or whatever it is...is an hypnotic drug.
larry said Hannah was the baby's name before Daniel died in one article
Daniel Smith Inquest To Begin Thursday
By Quincy Parker
Testimony in the inquest into the September 10 death of Daniel Wayne Smith may begin on Thursday morning, with the police photographer likely to be the first witness after jury selection, depending on the decision of Chief Magistrate Roger Gomez.
Mr. Gomez had been secreted away on Tuesday and Wednesday with the phalanx of lawyers representing the interests of some of the high-profile people who appear on the 40-person witness list for the proceedings.
They have reportedly been hearing submissions on the fairness of the jury, an issue raised by Wayne Munroe on behalf of Howard K. Stern, whom he represented briefly last year and has agreed to represent again in the inquest. Mr. Stern was the lawyer-turned lover of American celebrity the late Anna Nicole Smith, Daniels mother.
Director of Public Prosecutions Bernard Turner, who refused to discuss the substance of the submissions made in closed court, acknowledged that there is always the possibility of an appeal to Mr. Gomezs decision.
Mr. Turner laid out how the first day might go in terms of witnesses.
"I indicated previously that we would probably call a police photographer just to put in (to evidence) certain photographic albums, and then we will pick up in terms of, as far as possible, a chronological sequence of witnesses," he said.
Some of the people on the witness list are reportedly not in The Bahamas, like South Carolina developer and Ms. Smiths reported former lover G. Ben Thompson and his son-in-law Ford Shelley Jr.; LA photographer Larry Birkhead, who claims to have fathered Ms. Smiths daughter Dannielynn; and Dr. Sandeep Kapoor, the California doctor who reportedly prescribed Daniel Valium and other drugs.
Mr. Turner explained a coroners writ runs, as any judge or magistrates writ would run, within the limits of his jurisdiction. The jurisdiction of a coroner, judge or magistrate in The Bahamas is The Bahamas, and so Mr. Gomez will not be able to compel anyone outside The Bahamas to come and testify.
"In respect of coroners proceedings, a person can be invited, if a person has some information. A summons could even be issued, but the failure to comply with the summons for a person in The Bahamas has a different consequence than a summons which is issued in respect of a person who is outside of The Bahamas," Mr. Turner said.
"If a summons is served on a person in The Bahamas and they dont come to court theres a compellable process. A summons served on a person outside of The Bahamas if they dont come to court does not have a compellable process.
"We expect to have a number of persons present in court and we will see if those persons at the appropriate time are here."
Mr. Turner said the jury selection process is expected to take about half an hour.
There had been some speculation throughout Wednesday that the jury would have already been selected, since people on the panel of 12 persons from which Mr. Gomez will select his jury were present at the Coroners Court all day Wednesday.
The "raffle" was also present, brought over by one of Mr. Gomezs clerks, fuelling that speculation even further.
However, the Journal has been assured that jury selection will not commence until Thursday morning, following Mr. Gomezs ruling on the fairness of the jury submissions.
http://www.jonesbahamas.com/?c=45&a=12118
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