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Skip to comments.Anna Nicole Smith, The Investigation
Posted on 03/09/2007 8:53:08 PM PST by mom4kittysEdited on 03/09/2007 9:36:53 PM PST by Admin Moderator. [history]
Thread Number Two
Thread Number One
Jean walked up to larry on his way into court and asked one question...Is there a deal...he said NO absolutely NOT otherwise he wouldn't be there and then the crowd started cheering for him...she said larry arrive with his 'security' or guards, and ANS's mom arrived to the locals shouting 'mamma', and something to the affect that the baby belonged with her. Jean said that HKS will challenge DNA results and that (I think this part is right ;)...it is also unheard of for the expert to be called/or allowed to testify?
I remember Mark Bain being mentioned earlier. Is he now considered LB's USA attorney to replace Opri, or was he just on the Florida team?
Of course, he is. He has nothing else.
oh...and when asked how he was doing...HKS said something like, as well as can be expected.
We're certainly caught up in the same web...Couple of puns there!!
He has been on the team for a while. We were trying to determine where he was located though.
Could not agree more! HKS needed to keep her in an absolute stuper after Daniel's death. I wonder about before Daniel's death, as well...to keep her away from LB.
The more I think about HKS...the scarier he becomes.
Thank you! I'm glad Virgie's getting respect too.
Ashleigh Banfield, formerly of MSNBC. Court TV didn't do themselves, or us, any favors when they hired her.
Wesley M Irwin
Birth Date: 0 1957
Street address: 6442 Whitaker Ave
City: Van Nuys
County: Los Angeles
Zip Code: 91406
Phone Number: 818
Seidlin: The rules been invoked, that means any witnesses that are in the courtroom can no longer stay in the courtroom and they no longer can discuss this case, till the court come down with fashions a decision. Let the record reflect no one left the courtroom.
Susan Brown: Your Honor, I just want to make it clear that our client is a party, and he is allowed to remain.
Seidlin: I, also agree with you. Your client can stay here.
KB: Just so the record is clear, your Honor, obviously I object to him as a party here, um
Seidlin: Well, hes going to be a party somewhere, somehow .I I thnk hes got .Im a court of equity. I believe as court of equity, probate, Im going to have him remain here.
KB: Thank you, your Honor.
Seidlin: Youre welcome.
KB: Please state your name for the record.
HKS: Howard Stern.
KB: Mr. Stern, could you tell me what your occupation is?
HKS: I am an attorney.
KB: Where are you licensed Mr. Stern?
HKS: Im licensed in the State of California.
KB: Are you a member in good standing of the California bar?
HKS: I am.
KB: Did you know the decedent Vickie Lynn Marshall or Anna Nicole Smith?
HKS: I knew her very well. Very well.
KB: Can you tell me how you came to know Miss Smith?
HKS: Originally, um I believe it was back in 1996, she was a client of mine. Um we became friends, we spent a lot of time together. Ultimately we became more than friends, and this was years ago. Uh, we didnt say anything at the time. She is pretty much my whole world. Shes my best friend, my lover.
John OQuinn: Objection, your Honor. Non-responsive, the question was when did he come to know her?
Seidlin: Im going to allow a little more latitude. I want to get moving. I appreciate that, but Im going to allow a little direct here and there, a little narrative. I want to move.
KB: I could direct him your Honor. Seidlin: Ha ha, please hurry.
KB: If you could describe the nature of your relationship with Miss Smith.
HKS: She was my best friend, my lover, the mother of my daughter. Everything to me. I mean literally everything, my whole world.
KB: If you could, to give the court more of an idea of the kind of time that you spent with Miss Smith.
HKS: Well, hunh .a lot of time. I saw her daily, and in the last four or five months I was with her every day, almost all the time.
KB: But prior to that, since you knew her .the inception ..
HKS: It would ..it would depend on what I was working on at the time. But I pretty much saw her every day and we spent uh a great deal of time together, a great deal of time together through the years.
Seidlin: What state did you meet her in?
HKS: I met her in California.
Seidlin: And what, what, what when you said she was your client, what was she doing?
HKS: I was her personal counsel in the Marshall litigation. I also did um
Seidlin: In 96?
HKS: I believe its 96.
Seidlin: Whats Marshall? Is it another matter?
HKS: Yes, its a very high profile matter. I was co-counsel in the District Court case in that trial, in the Federal District Court. I was also co-counsel in the Supreme Court case and I am co-counsel currently in the Ninth Circuit case.
Seidlin: Are you still a member of the California bar?
HKS: Yes, I am.
KB: Did you know Anna Nicole Smiths son Daniel?
HKS: I knew Daniel very well. Daniel was like a brother to me. We spent, we also spent a great deal of time together, both at Annas house, or wed sometimes go out to dinner or see movies. Daniel, He was a great boy. I mean, he was just a wonderful, wonderful person.
KB: Did Daniel have a father in his life?
HKS: Daniel, um, no, not really. Not really. He was estranged from his father since, I believe, uh he was an infant at the time.
KB: Can you explain to me the .anything you observed about Annas relationship with her son, Daniel?
HKS: Anna and Daniel were inseparable. Daniel was, without question, the most important person in Annas life. Uh.. from the time that I met her, every thing that she was doing was for Daniel. Literally everything.
Seidlin: Step back a minute. When did the relationship between you as an attorney, and then you in a personal relationship what year did that begin?
HKS: Well, we started spending a lot of time together
Seidlin: What year?
HKS: Probably 97 .98
HKS: We became more than friends .it was after that. It was probably 2000.
Seidlin: In 2000 you started to have a more personal, intimate relationship with her?
HKS: Yes. And it was not, it was not exclusive. Because of my relationship as her attorney. And its something that we didnt disclose to too many people. Uh but, and she had other boyfriends in between. I wanted her to be happy.
Seidlin: When you say, in between, from 2000 till her death?
Seidlin: Thank you, its the prosecutor in me.
KB: You just stated to the court that during your friendship with Anna over the years there were times that you were together in a more intimate way and times that you were just friends, is that correct?
HKS: Thats right. Well, we were, we were intimate sort of consistently throughout. But it would just depend on what the spacing was in between.
KB: I want to direct you back to talking a little bit more about Annas relationship with Daniel. And is there anything you can tell the court to give them some indication of just how close she was. Would you describe this as a normal mother/child bond?
HKS: It was .it was a little different because Anna was so young when she had Daniel. In a lot of ways they grew up together. They were friends, as well as a mother/son. I mean, when we would travel for different events, Daniel would always come along with his mom. They were virtually inseparable.
Seidlin: And where did he go to high school?
HKS: Daniel went to .well he was home school for his last couple years of high school.
Seidlin: In what state?
HKS: In California.
Seidlin: What part?
HKS: In Studio City.
Seidlin: And then, did there come a point where he died?
HKS: [Nods head]
Seidlin: What date was that, approximately?
HKS: It was September tenth. No approximate about it.
Seidlin: Of 2-06?
Seidlin: And do we know what the cause of death was?
HKS: Well, we we had an independent pathologist who determined that it was a drug interaction ..
JO: Objection, hearsay. I cant cross ..
Seidlin: Objection sustained. You may proceed.
KB: There came a time when Daniel died, thats correct?
KB: And that was only days after Anna had given birth to your daughter, Dannielynn, is that correct?
HKS: Yes, Dannielynn was born on September 7th. It was actually the night that Daniel came to the Bahamas to visit to see his baby sister is the night that he passed away.
KB: And how would you describe Annas state of mind, after Daniel died?
HKS: Um, from the day that Daniel died, Anna honestly was never the same. I mean I would say that physically she died last week, but in a lot of ways emotionally she died when Daniel died. And she initially would not accept that Daniel was gone and uh this went on for quite some time. It was the reason why she didnt want to bury him earlier than ultimately she did the time that we did. And it was just the most difficult thing .the most difficult thing that Ive ever seen anybody go through.
Seidlin: How old was Danny when he died?
HKS: Daniel was 20, he would have been 21 on ah ..
Seidlin: Where was he living?
HKS: He was actually coming out to the Bahamas to spend ah some time with his mom in the Bahamas. He was still in Studio City, finishing up um a summer school class.
Seidlin: Where..a college?
HKS: A college, yes.
Seidlin: What college was it?
HKS: It was Valley Junior college
Seidlin: And who supported him in California?
HKS: Well, Anna still supported him, but he was staying at a friends house.
Seidlin: He lived with a roommate?
HKS: No, it wasnt a roommate, it was actually somebody who was one of Annas friends.
KB: It took Anna quite some time to bury Daniel, is that correct?
HKS: It did, it did. It was um, quite a difficult process. You know, it was hard to talk ., it was hard for her to talk about it, and she went through a lot of thought in in deciding what his plans would be. And throughout that time, the way that she went about it .it was never where is Daniel going to be, all of the discussions were always in the context of where are we all going to be.
KB: Anna was previously married, is that correct?
HKS: She was, she was married to J. Howard Marshall who um he was truly, truly the love of her life. He was a father-figure and he was a very special man to her.
Seidlin: Is he still alive?
HKS: No, no. Thats what the litigation .has been over.
KB: Mr. Marshall passed away in what year?
HKS: He passed away in 1995.
KB: Was Anna in possession of Mr. Marshalls remains?
HKS: Uh .its .uh .a long story. Actually I think there is a another court order which prevents me from discussing that.
KB: OK, certainly. The concept in Annas mind, if you know, was what .with regard to the burial plot plots?
JO: Objection your honor, calls for hearsay. We are talking about the burial plot of Mr. Marshall?
KB: No, were not discussing that any more actually just ..
Seidlin: She jumped to the next .to, to Anna Nicole.
JO: Were off Mr. Marshalls death?
JO: OK, whats the question on the floor then? The question was Mr. Marshalls death?
KB: No, the question was
Seidlin: You can ask it again.
KB: Did Anna speak with you regarding her intentions for the burial plots where Daniel is laid to rest now?
JO: Objection, your Honor, this is irrelevant. The only question before the court is who is the proper representative as to who should have the body .
Seidlin: You can just object and state the word relevancy. It will save us time. Overruled.
JO: Not relevant as to who should get the body.
Seidlin: Overruled. Next. You can answer that.
HKS: We had uh a series of discussions about it.
Seidlin: When did that begin?
HKS: Probably um probably about a week and a half after Daniel died. Before that, um, Anna was inconsolable and really couldnt talk about much. But it happened uh you know, it .until the time that Daniel was laid to rest, it those plans sort of dominated all of the conversations, I would say, for the most part. And initially, um Anna had always wanted to be buried near Marilyn Monroe, out in Westwood and we looked into that. And then we also looked into um .
Seidlin: When did you look into that? Time and place. Always time and place.
HKS: I dont have um I dont have the exact dates down
Seidlin: Was it after Danny died?
HKS: Oh, well actually I looked into that years ago, for Anna. And then again after Daniel died.
Seidlin: Did you find it unusual that she would talk about death like this?
HKS: No, because um Anna ..Anna, in a lot of ways, always thought she was going to die young. And she said that. And she thought that she was going to be like Marilynn Monroe. So she thought she was going to die when .at I forget if the age was 36 or 37. So we discussed it, prior to that. And then um, Anna also thought she was going to die when she was giving birth to Dannielynn. So Anna did talk about death. She talked about death um really from the time that I met her.
KB: At some point, did Anna come to some decision regarding what she wanted to do with Daniel ..?
HKS: She did. I mean and can I explain how that process occurred?
JO: Your Honor, I dont know the proper practice and I dont want to interrupt, but I have a running objection. All of this is irrelevant to the proper position.
Seidlin: Yes, I understand. You are traveling on the statute. I understand. You may proceed..
JO: We are not trying about consent .but what her intent was.
HKS: We looked into plots uh at the cemetery in Westwood. There was an expense issue, frankly. We also looked at other plots in Forest Lawn, I believe in Burbank and the way it worked is that I had um my mother and then also a friend of Annas, the same person who Daniel was staying with, they went out there and they took pictures of the plots and emailed them back.
KB: Are you speaking of the plots in the Bahamas?
HKS: No, no right now Im still talking about in Los Angeles. And then I myself, she asked me to look at places in the Bahamas.
JO: Your Honor, pardon me. Second objection. This is hearsay. What she asked him to do is hearsay.
KB: Well, under the state of mind exception I believe its outside the realm of hearsay. We also have declarent unavailable because of death, your Honor.
Seidlin: Dead man statute. We got it everything going on here.
KB: Dead man statute is no longer in existence. So I think he is able to talk about it.
Seidlin: Right, right, Im just trying to get it under the common law.
KB: So I think hes able to talk about it.
Seidlin: Im going to allow it. Im going to allow it.
JO: May we understand your Honor, for the purposes of the record, that we have two objections to this, what did Anna say ..
Seidlin: You dont need to recap.
JO: On hearsay and relevance.
Seidlin: Yes, absolutely. The record speaks for itself. Move on.
JO: Thank you.
Seidlin: Youre welcome.
HKS: So Anna um and I, and a number of other people talked with Anna about the subject matter about where Daniel would be put to rest, and where we all would be put to rest and it went back and forth for quite some time. And I actually, at the time was trying to convince Anna that maybe it would be better if Daniel were laid to rest in Los Angeles and Anna was very firm, very firm, on the Bahamas was her home. Its where she wanted to raise Dannielynn and she wanted Daniel to be near her. And she uh she was pretty firm on that decision.
Seidlin: And when did you two discover Bahamas? What year?
HKS: The first time I went out there was um July of last year.
Seidlin: July of 06?
HKS: [takes a drink from cup] July of 06
Seidlin: And what was the purpose of your visit?
HKS: Well, Anna wanted to get out there to get away from the media.
Seidlin: And you went together?
HKS: I went a little bit after she did. She was there a little bit earlier.
Seidlin: And what, did you rent a residence there?
HKS: [Laughs] Ha ..she uh .now we are going to get in the subject matter of other litigation. She .she purchased .
Seidlin: Well, if I ask a question, you let me know if its affecting other litigation.
KB: I dont think its affecting other litigation. I mean, I think its probably widely known that Anna makes a claim to a home that she purchased in the Bahamas that was titled in her name, deeded in her name, and now subsequently somebody says that they own it and a deed says somebody elses name. Its very complicated, but basically she was the person of record on the deed, as far as I understand, and there is no note against the house, filed against the house. And there is no note signed by her. So they allege she was renting. She alleged that she owns it and thats why he was having difficulty probably answering that question.
Seidlin: When did she allegedly buy it?
JO: Your Honor, this is all triple hearsay. The lawyer is testifying about what someone else told the lawyer. Seidlin: Yes, thats why Im asking it as a question. Thats why Im asking it as a question. Your objection, so noted.
DO: Move to strike.
Seidlin: Thats why Im trying to get to the point.
JO: Move to strike, your Honor, what the lawyer said the evidence was.
Seidlin: Its an opinion. Overruled.
HKS: I would have to look at the documents, but um either in late uh July or August.
JO: Your Honor, the best evidence would be the documents.
Seidlin: So noted.
JO: Object on that basis, your Honor
Seidlin: I heard you.
HKS: If this is really an important issue, we could admit those documents into evidence.
KB: I would ask that um Miss Opri be refrained from making evidentiary objections in this matter, where she says they dont have a dog in this fight and weve already said that they havent shown that they have any standing in the burial issue. Um and it seems like Ive got opposition here, quite sufficient to deal with this issue.
Nancy Haas: We, we need to protect the record, in this case. We do have a dog in this fight. This morning, this court clearly acknowledged that the issues are intricately intertwined, and we need to maintain our standing, your Honor. We dont intend upon objecting frivolously but when there are important matters, that affect this proceeding, we feel that we have the right to do so.
KB: Then I would request that Florida counsel, be the one, one party, not all three of them, to object to Florida evidentiary rulings of this court, your Honor.
Seidlin: Well see how it goes on that issue.
NH: Thank you, your Honor.
JO: Your Honor, regarding who talks for whom in this court.
Seidlin: I want to hear this I appreciate it, Texas .have a seat. Lets get moving.
JO: My objection is that she was talking to the judge.
Seidlin: I heard you, youre getting hungry for lunch. Im going to let you take a break soon.
JO: No, Im not hungry for lunch, your Honor. Thats not the issue.
Seidlin: Alright. were moving ahead.
KB: At a certain point, a decision was made as to where Daniel would be buried. Is that correct?
HKS: Thats correct.
KB: Who made that decision?
HKS: Anna made that decision.
KB: And, your Honor, may I approach? Mr. Stern, Im going to ask you to take a look at some documents, that we have marked as petitioners Exhibit B. Can you tell me what those documents are?
HKS: These are the contracts and certificate of ownership for the two double plots, which were ultimately purchased at Lakeview Memorial Gardens and Mausoleum.
KB: Who signed those documents, Mr. Stern?
HKS: I signed the contract for them.
KB: Why did you sign. Why didnt Miss Smith sign that contract?
HKS: Well, just to sort of put in context, what life was like after Daniel passed away. Um for the most part, uh Anna didnt leave her room. There were times when we snuck out at night. But much like it is now, there was media surrounding the house, and what everybody was after was pictures of Anna Nicole. And this was particularly true, prior to the time that Daniel was laid to rest. Now, if I can just add ..
JO: Objection. Just add .is non-responsive
Seidlin: Yes, good. New question.
JO: May I see the document you discussed with the witness, because I dont know what
Seidlin: She hasnt attempted to admit it into evidence, but let me give you an opportunity to review it. He is going to want to voir dire that document.
[Barth takes document from HKS and gives to JO. Ron Rale whispering in Barths ear]
Seidlin: Did she have an attorney represent her when she bought that house in the Bahamas?
HKS: She sure did. The attorney was Callenders and Company. That law firm was also the firm that had a deed entered in somebody elses name.
Seidlin: What did a house like that go for in the Bahamas?
HKS: It was uh it was $900K. Theres uh ..again thats the subject matter of litigation.
Seidlin: Yes, I understand.
KB: How was the plot paid for, Mr. Stern?
HKS: Uh, it was paid for by Anna, through a bank check from Ansbacher bank at her account at Ansbacher bank
KB: Are you aware, do you have any knowledge as to how the banking relationship went between Anna and Ansbacher bank? If you know.
HKS: Yes I do. I have and understanding of that.
KB: Can you tell me?
JO: Your Honor, I object. This must be based on hearsay its not based on any document I see. And the document showing that relationship would be the best evidence of what. happened.
Seidlin: Let me ask you to proffer .what do you want to prove?
KB: Well, Im going to introduce the letter that Anna Nicole wrote, to the bank, instructing the bank to pay for the burial plots, and then Im going to offer it to the court as written testamentary intent.
JO: If I could see it, maybe we dont have a problem.
Seidlin: Show it to me.
KB: You might stipulate? Imagine that.
JO: Show it to me.
KB: I have the original under the business records exception, your Honor. Mark this as C please.
SB: Your Honor, Id like to object, this is hearsay. And also a letter from Anna Nicole, is not a business records exception.
Seidlin: Objection, so noted.
JO: We assert the same objection, your Honor.
Seidlin: So noted.
KB: We have declarent unavailable, your Honor.
NH: Your honor, declarent unavailable is a two part hearsay objection. Not only does the declarent have to be unavailable, it has to be a statement against interest. They havent established that for any of Anna Nicoles statements in this case. That would be our standing objection. Its very important. You cant just let Anna Nicoles statements come in without establishing the second part of the objection.
Seidlin: You are learning probate, fast.
SB: Judge there is no authentication of the signature by a handwriting expert either. It could have been signed by anyone.
Seidlin: Im admitting these documents. When you .when you move to admit them, theyll be marked as evidence. Youll attack the weight of the admissibility. Youll attack the weight of the evidence.
NH: Also, wed like you, your Honor, please to advise Miss Barth to provide us with copies of anything that she is admitting as well. We havent seen copies of any of these documents.
Seidlin: Thats what I talked about at the beginning that..
KB: It was my understand that they were losing their seats and I apologize your Honor, if Id had more time .I just dont have the copies, Ill be happy to show them, and not work off of them
Seidlin: I said that it was going to go fast and furious and you didnt get a chance to take depos. I set that stage.
KB: I would say that again on all these evidentiary objections, the most important thing is that, you know, hearsay is to protect the truth of the matter asserted and we are going for state of mind .
Seidlin: You prevailed on that motion. You can proceed.
KB: Thank you, your Honor.
JO: Uh, now that Ive seen the document, there is more than a letter here. Something else has been stapled and I object to that.
Seidlin: Let it be so noted. Next.
"KE has been yammering the Stern Crime Team line that the fax was "stolen in a burglary". But I've never believed that. I believe that Kapoor gave it to Roger Friedman."
Or, Ford Shelley could have gotten the original fax sheet and given it to Roger Freidman who confronted Kapoor.
I despise her--she is the worst one there.
"These people are bas*****. I thought I'd be relaxing by the seashore by now. Damn, Attorneys".
I've been watching more CourtTV in the past month than ever before, and she makes some really ignorant remarks.
That's for sure. It would be nice if she simply didn't return from maternity leave. And if she started that leave today. :)
"The best thing that could happen to this baby, and I am serious, is that the whole bunch would be found unfit and the child be anonymously adopted by and average and normal family."
Dr. Laura said that should have been the case as soon as the baby was born.
You're quite welcome. I've been wondering just how many of those delusional posters on the CTV board are actually Ashleigh 'in disguise'.
On a side note, I have to thank you and everyone here. The work you all have done is amazing.
Oh boy. Just another example of how committed one can be to the dark side.
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