UPDATE: Today the three defendants, accompanied by almost a dozen attorneys, appeared before Los Angeles Superior Court, Commissioner Kristi Lousteau, to be arraigned on six felony charges each. They each pled not guilty. Defendant, Howard K. Stern, 40, was represented by three attorneys, J. Christopher Smith, Steven H. Sadow, and M. Krista Barth. Sadow and Barth, interestingly, are NOT licensed California attorneys according to the State Bar’s website as of today, yet were practicing law by appearing before the court. Isn’t that also a crime? Were these foreign attorneys admitted pro hac vice in this case? This reminds me of Barry Scheck who appeared in the O.J. Simpson trial without being licensed to practice law in California. Defendant Kristine Eroshevich, 61, was represented by Adam H. Braun, and was also accompanied by John J. Nazarian, Private Investigator. Defendant Doctor Sandeep A. Kapoor, 40, was represented by Ellyn S. Garofalo. The preliminary hearing is set for June 08, 2009, in Department 102, and is expected to last two weeks.
The Commissioner granted prosecutor Renee Rose’s motions: 1) handwriting exemplars from each defendant to determine, among other things, who ordered and filled the prescription drugs which killed Smith; and, 2) a protective order against dissemination of discovery (about 1,400 pages already) to protect privacy.
I was compelled by the spectacle outside the criminal courthouse. Stern’s attorney, Steven H. Sadow, was delivering another tired manifesto against Jerry Brown in an attempt to shift focus away from the serious nature of this case. Several media correspondents shouted, “Why can’t Stern speak for himself?” and “Is Howard gonna go to rehab?” After Sadow finished, self-proclaimed former Smith hairstylist, Daniel DiCriscio, made heartfelt comments about her demise to anyone within earshot, while attorney and HKS companion, Ronald Alan Rale, acted seemingly chummy with a couple of media outlets. It should be noted that Rale is named second in ANS’s will as executor of her estate. As such, he is entitled to 6% of its worth, should HKS be deemed unavailable to assume executorial duties while he is incarcerated.
Quite disconcerting was the lighthearted demeanor of HKS, this circus’ ringleader, in the moments just before the Commissioner called the case to order. Is such demeanor appropriate for someone accused of facilitating the death of one’s ceremonial wife? Kapoor, by comparison, looked serious and concerned while seated next to his attorney, Ellyn S. Garofalo. Perhaps he has a prophetic inkling of what Lady Justice has in store for these three defendants.
PRESUMPTION OF INNOCENCE, OBJECTIVITY, did you forget that Ms.Janice Brenman?!
I can see that you have many Virgie Arthur’s supporters on your blog. I think it’s very indicative. I assume, John O’Quinn of Texas found a new propagandist/shill for Virgie Arthur, “Mommie Dearest.”
To MM in 11 – You are the only one who mentions Virgie Arthur, why don’t you tell us what VA has to do with the blog? I find Brenman’s writing to be credible and objective and you seem to be on some sort of paranoid crusade. Why don’t you elaborate and explain?
Thank you for your first hand and accurate coverage. I think you are about to earn yourself a fan club of truth and justice seekers.
I second qv’s statement. A knowlegable person who will speak the truth is what we have been yearning for.
Does CA do the pro hac vic (sp) thing? Like what is going on in TX?
Thank you for a well-written synopsis.
Great comments.
Will anyone bring it to the attention of the judge that Barth and Sadow are not licensed in California. Are they or can they practice law under the wing of J. Christopher Smith? What are the ramifications for illegally practicing law.
I am reading the biography of Yellow Kid Weil, top con man of the 1900’s and the crooks who pretend to be doctors and lawyers are in his genre. One does have to be careful. I checked for Eroshevich to see if she was actually a doctor and I finally found her with her name spelled Khristine Elaine C Eroshevich. Go to http://www.medbd.ca.gov to see if a doctor is licensed in California. Go to http://www.calbar.ca.gov to see if an attorney is licensed in California.
I just loved the TV coverage of OJ Simpson and prior to that, the coverage on Justice Clarence Thomas. I am hoping that Howard K. and his doctors will put on a great show for us with lots of lies and frauds and then I hope to see them checking in to their prison hotel.
Yes, pro hac vice admission may possible under Rule 9.40 of the Cal. Rules of Court. It is possible, but not automatic. Go to the site at http://www.calbar.ca.gov and get their phone number and call them to confirm or deny admission.
I am frustrated by the insensitive greed that seems to permeate this whole
Howard Stern saga…lawyers everywhere…obviously money is flowing freely..because they don’t come cheap in this sort of business….reminds me of the O.J. fiasco
Thank you for the play-by-play and your insight. Is the long time-period for the preliminary hearing due to the amount of discovery the AG’s office will have to provide? It did take 2 years to assemble all the info….guess it will take ALL those lawyers a while to assimilate, huh?
It was likely ET that Howard and Ron were chummy with lol. I really enjoyed reading your synopsis. Thanks
did you read ms. brenmans credentials on the front page of her blog? it outlines her experience as a former prosecuter and being a experienced lawyer. please don’t half read this or any blog and make judgments that are
wholly unfounded, have an open mind…
A question.Are you lawyer ?paralegal? how can you affirme HKS will be jailed?
here in America you are innocent before prouve guilty.Let’s the justice go and be sure of what you write .Payback is a bitch!!!
Chelone in paragraph 10:: you are going off half-cocked. Get some more information by reading the beginning of this blog before you try insulting people. And of course, one is “innocent until proven guilty”, everyone knows that! That goes without saying.
I thank Brenman for her blog, it is excellent, clever, and objective to a reasonable person.
I never got the impression that ms brenman was judging…only reporting…which was what i was
interested in…
Clarification of Objectivity
I want to clarify that I’m not taking a position of like or dis-like of any of the characters involved in this case. I simply reported on what happened in the courtroom yesterday and speculated, from a legal perspective, on what the future might hold for those involved. I will continue to follow various legal cases and current events and will report on those. Thank you for all your beautiful, positive and supportive comments!
Stay tuned…
It appears to me that all the stories you have written about this case is in favor of anything Texas. I read back over your older articles and they are biased, too. A good lawyer would write an unbiased story, since the law is clear…Innocent until proven guilty.
Ms. Brenman, yes, every story you have written on anything Anna is speculated from your legal perspective is squired to fit the Texas lawyers. The Marshall case you wrote about is biased, too.
Reply to “judging”:
Basic legal principle: We are the United States of America and our Constitution says that first each state has jurisdiction and the Federal jurisdiction only applies in certain specified issues spelled out in the law. Probate is state law, state of Texas, here. This is why the Federal Bankruptcy law did not apply and should not have stepped into the state of Texas case.
So can you see that this is not at all bias, just basic law?
I welcome your correction to my thoughts.
QV is correct. Those of us who have followed the civil suit shenannigans by Howard and his cast of attorneys are delighted to find someone who actually seems to discern the truth. I’ve just added you to my list of favorite sites and look forward to reading more of your comments and observations!
Ms. Brenman is reporting, not calling for a public hanging.
Ms.Brenman is a lawyer, a practicing one. She is also a former prosecutor.
And the MarshallvMarshall case should have never made it out of TX. Stern and Co.’s inveterate forum shopping is what got it drug this far. If you would think of the ramifications to YOU and YOUR estate, you would not be so gung ho on giving “Stern” a win. Not that I believe he did a darn thing on this case other than to con ANS into giving him a share and some credit.
Ms. Brenman
Watch your posters carefully. They are full of hate for HKS and anyone who supports him. They will be pulling their usual ammo out next. Just sit back and watch the reaction.
I disagree. I am a ‘poster’ and not full of hate towards HKS or his supporters at all! I believe everyone is innocent until proven guilty. I am appreciative of the legal explanations from this blog which help filter the media bias and explain the bigger picture of this case and what it illustrates about our legal system.
I disagree with “Ode to truth” and I agree with Jami. I am a poster who has no bias for or against Howard K. I appreciate this blog and its focus on the bigger picture and the possible future results may not only put Howard K. and two doctors in jail on the criminal side, but on the civil side, may cost all of us more money in taxes to support the court system and may bring the federal court into control over the state issues. This is the big picture here, Howard et al are just like little ants.
No, not true in my case. I am interested in the larger picture of whether the Feds take over the state issues. I hope not. I could care less what happens to Howard K., let the court judge him. This does not keep me from exercising my first amendment right of freedom of what I think. Of course, he is innocent until proven guilty in the Court and I will wait and see what happens. My guts advise me of the truth, so I am Guts for the Truth.
I strongly object to your statement “someone accused of facilitating the death of one’s ceremonial wife?” as there is no such charge. Clearly you have made your judgment on this case.
I sincerely hope you review all of the legal papers in the current suit against HKS and others in Texas. I think if do, you will find some very interesting and scary things are going on. Thank you.
Pepper, can you tell us more? What interesting and scary things? Thanks
Pepper, I admired the clever phrase “someone accused of facilitating the death of one’s ceremonial wife” and it is just a rhetorical recap of the actual charges, not a judgment on the case.
Please share the information – what scary things? You have piqued my curiosity? How can we find out this information you suggest exists?
Can you clarify whether there is a preliminary hearing on June 8 or whether there is just a hearing to determine the date of the preliminary hearing on June 8. Thanks.
Talk about bias This is the most biased article since i don’t know when.If Pierce Marshall had been an honest person and followed his fathers wishes this would not have happened.As it was his father died a pauper in a nursing home because pierce stole all his money and hid it with various family members JMO
Question: What will happen to the claims Stern has made on behalf of the Smith estate? I think a good argument could be made that those claims should be thrown out if he is culpable in her death…
It is sad, but not at all surprising to see the first post on these comments come from the “leader of the ring” from a Topix board who is a supporter of all things Virgie Arthur and the Texas cases agains Stern (hence absoutley anti Stern). Along with QV posts are the followers on that site.
I have read the court documents coming out of Texas as well as the many news/blog posts about the “unlawful” law in Texas (especially Harris County).
It is downright scary to see the abuse of “power” that goes on in courtrooms from the top on down in that state.
To those who applaud those ill-gotten wins I say – remember, it could happen to YOU too at any given time. Is this really how you want justice to be served?
I have lived long enough to see the return of lynch mob mentality in this country.
So very sad!
I have a question for the Sternies coming here and bashing people that are posting other places. Can’t you show a little respect for Ms. Brenman and her reporting? You came here and started insulting right off the bat and it is really indicative of how Stern supporters operate. Leave Topix at topix, for sure leave Nelda at Neldas and quit with the everything being done to Stern is because of a so called TX cabal. Oh yeah, and because Jerry Brown needs this case to run for govenor. Stern is just reaping what he has sown. Same as the Dr.’s.
I’m not sure why it took so long for this case to come to trial but now that it has I cannot say I am shocked by Howard’s demeanor. Why would he think that anything is going to catch up to him? He managed to shop around Anna’s absurd claim to the Marshall estate for so long without ever being penalized or warned about his forum shopping…why would he think even the most obvious of crimes was enough to bring him down?
You hit the nail RIGHT ON the head, Andrew. I think many of us who watched Howard K’s TV show starring Ana Nicole saw Howard K. always right there like a puppeteer with a drugged puppet and we got disgusted and quit watching it, instinctively knowing something was going wrong.
Court docs from the Texas case are available at one site http://www.rosespeaks.com (used to be “pro” Howard K. Stern site. Not sure of any direction now). There are also docs at
http://www.annanicoleandhowardkstern.com (a “pro” Virgie Arthur, Anna’s mother, site that is very one sided). A grandmother was put into jail yesterday for contempt. She has no lawyer. Her laptop was stolen several months ago. The judge in this Texas case ruled she was in contempt for not turning over her harddrive. 18 months and $500. All of this stems from the claim that TMZ online, CBS Television and a group of three BLOGGERS are being sued for conspiring to DEFAME Virgie Arthur. Jurisdiction has not even been decided, the case has been on this corrupt judges desk for over two years. She admits she hasn’t read any papers yet, she personally ASKED for the case to be transferred to her court, she is pals with Virgie Arthur’s lawyers. She is demanding Howard’s computer without even having jurisdiction. I could go on and on. There is a group of approx. 8 women who are “pro” Virgie Arthur. Those women believe Stern murdered Anna Nicole and her son. The case in Calif. is partially based on the “evidence” provided by this group of lawyers and investigators from Texas that seem to be, at least in Texas, above the law. The grandma that was put in jail yesterday wasn’t even allowed to show her proof of the break in. One woman testified that she READ that the grandma was going to “stage a break in” to avoid turning over her computer. Supposedly so the court wouldn’t see that she and others “conspired to defame Virgie”. She didn’t even show a copy of this so called chat where she was supposed to have said that. They didn’t check this woman’s background, nothing. The Harris County court is the most corrupt court there is. When this started, I never thought things like this happened in this country. I am in shock almost daily at what is happening in that courtroom. Until it goes to appeals, no one can stop this judge and these lawyers. It is frightening. PLEASE, I literally BEG each of you to read the articles at RoseSpeaks, read the court docs. Someone needs to help this poor woman sitting in jail.
Thanks, Pepper, for telling us more. I have previously heard about some bad, bad, very bad injustices in Texas courts. The justice pendulum there has much more swing in it than in other states.
Rose and Lyndal have not spoken to each other since the 3rd of Nov, there is no way Melinda told the truth in court.
FREE THE GRANDMOTHER AND MAKE ROOM FOR REAL CRIMINALS!
THI
Pepper, I have to disagree with so many of your talking points I don’t know where to start.
I’m just going to say that as far as corruption goes, Broward County FL knocked my socks off and still does. Sideshow Seidlin managed to get off again on elder abuse and fraud.
The grandmother you are so worried about has done despicable things and she had a lawyer when the court ordered her to turn over her computer. Conveniently it was “stolen” the next day, but she didn’t report it for a week.
As for any VA supporter or attorney being the cause of the CA criminal charges, that’s ridiculous. The CA evidence is scripts, waybills, pharmacy records, etc.
Pepper, what you failed to mention is that this grandmother who sits in jail was stealing on of the investigator’s garbage and mail. She also crashed a Christmas party that John O’Quinn hosted for charity, working in cahoots with Art Harris and Nelda Turner (from atruerose.com and rosespeaks.com sites). Court documents show Lyndal Harrington’s email to & from both Art and Nelda. All of this was a blatant effort to hurt Virgie Arthur.
One really needs to tell all of the facts so that the truth is revealed. The attempts to cover for Howard K. Stern by rosespeaks and crew run rampant. That is why they are now defendants.
Pepper
Tell the whole story, not just the one sided part. Lyndal defied a court order. She put herself in the middle of a conspriacy/defamtion suit. She stole trash and mail from a investagators home. Are these not against the law?
atruerose.com and rosespeaks.com are two sites that support a man that gave his drugs to Anna Nicole with his name on the drugs and she died.
Atruerose supports BDSM
If you want to see a blog war, go to this place. The VA people are all here speaking out post there! Just read it!
http://www.topix.com/forum/who/anna-nicole-smith/T9P5VKB088KU4C2JK
Yhis link will show you the rejoicing of the Grandmother who is in jail! This is all about keeping the Marshall money in Texas, and has been since the burial hearing in Fl. Jailing a Grandmother is nothing but trying to force victims who support Stern to claim there was a ‘conspiracy’ so that VA can benefit from the ‘tainted’ Marshall money. Larry will get the same treatment!
http://www.topix.com/forum/who/anna-nicole-smith/TK9KGUDI6C5J0TD7P
Judging, you are wrong. A completely different court will decide the Marshall case. How will VA ever get her hands on the Marshall money? You need to read up on the case.
Why the concern for the “grandmother” doing garbage patrol for the crew conspiring to defame the grandmother that lost 2 family members?
Your “martyr” defied 2 court orders. She is right where she belongs.
And how do you know when the last time Lyndal and Nelda spoke? Are you Nelda?
If not, you have no way of proving that statement.
I find it kind of laughable that there is so much heated debate on who is a victim and who is a villain in this case. It’s easy–they’re ALL villains. From Larry Birkhead to Howard Stern to the grandmother–they ALL used Anna like it was their job. And not a single one did what was best for her.