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=N.S.court= Howard K Stern Killed Daniel Smith. hxxp://www.ca9.uscourts.gov/ca9/newopinions.nsf/40E591FE947FF24488256F79006F684C/$file/0256002.pdf?openelement

MARSHALL V MARSHALL 12/30/04	02-56002

U.S. court of appeals for the ninth circut

MARSHALL v. MARSHALL CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 04­1544. Argued February 28, 2006--Decided May 1, 2006

hxxp://supreme.justia.com/us/new-cases/04-1544.pdf

Brief

hxxp://www.gmsr.com/library_briefs_detail.cfm?id_writing=1286&startrow=1&id_writ_type=1018

Marshall v. Marshall, ___ U.S. ____, 126 S. Ct. 1735, 164 L. Ed. 2d 480 (2006)

05/01/2006 Authored by Alan Diamond, Kent L. Richland,  Edward L. Xanders Subject Area: Constitutional Law United States Supreme Court

hxxp://www.oyez.org/cases/case/?case=2000-2009/2005/2005_04_1544

The Supreme Court reversed a judgment against GMSR's client, Anna Nicole Smith, rejecting arguments that claims based on interference with inter vivos trust were subject to the so-called "probate exception" to federal jurisdictio

=Investigation to the death of Daniel Smith= Dr. Wecht was hired by Callenders and Co, a Bahamian law firm, to do an independent autopsy on the body of Daniel Smith, the son of Anna Nicole Smith who died while visiting his mother in the Bahamas. Dr. Wecht stated Daniel Smith died as a result of the interaction of methadone, an analgesic, and the antidepressants Zoloft and Lexapro. The metabolism and the breakdown of the methadone is delayed in the presence of Zoloft according to Dr. Wecht. Methadone can alter the cardiac rhythm – it’s referred to as a prolongation of the S/T segment. "When that is prolonged, the individual could even lose consciousness, and suffer cardiac disrhythmia. And that is something that can happen from methadone alone, and in the presence of Zoloft and Lexapro, it is more likely to happen," "I don’t mean frequently, and certainly not predictably, so tragically, with this young man this is what happened. So I have no question at all as to the cause of death." Dr. Wecht later told the press that he hadn't been paid. He told the Bahama Journal that he had originally been contacted by Michael Scott, and was ostensibly working with him and Tracey Ferguson (of Callenders and Co). Scott and Ferguson dropped out of the picture, and attorney Wayne Munroe took over Ms. Smith’s representation. "I believe, quite frankly, that there has been some breakdown in communication, and quite possibly some antagonism. Scott and Ferguson were representing Real estate developer G. Ben Thompson in an action against Anna Nicole Smith over her house in the Bahamas.

Break In
Please take notice that less than 24 hours after Anna Nicole's death, Anna Nicole's house was broken into and all of her personal items were stolen.

"Despite an existing injunction from the Bahamas Supreme Court enjoining G. BEN THOMPSON and his agents from entering the property that was clearly posted on all entrances, persons purporting to act on Mr. Thompson's behalf, including STANCIL [FORD] SHELLY, and others believed to be GINA SHELLY, GAITHER BEN THOMPSON II, MELANIE THOMPSON, and TRACY FERGUSON [Anna Nicole's former lawyer], entered the house without consent and then the locks were changed. Certain of these individuals were also observed removing numerous items from the premises.

"Upon becoming aware of these activities, lawyers representing Anna Nicole's interests obtained another injunction from the Bahamas Supreme Court, and subsequently reacquired possession of [the house] with the aid of the Bahamas Royal Police Force.

"When Howard Stern returned to the house a day later, he learned that ALL of Anna Nicole's personal items had been stolen. These items included computers, external hard drives, mini-DV tapes, and DVDs containing all of Anna Nicole's personal digital photos and digital home videos, many of which are extraordinarily personal in nature, and a DVD of Anna Nicole's most recent movie 'Illegal Aliens' that has yet to be released in theatres. All of Anna Nicole's personal documents were also stolen, including confidential contracts, banking information, attorney-client privileged documents, and Dannielynn's birth certificate. Even paintings hanging in the nursery that Anna Nicole had painted for Dannielynn were stolen.

"Howard Stern also found a piece of paper pinned to a lamp with the names and phone numbers of Gina and Ford Shelly, and Melanie and Gaither Ben Thompson, II.

"Lawyers representing Anna Nicole's interests are currently working with authorities in the Bahamas and the United States to prosecute all culpable individuals to the fullest extent of the law, to prevent the dissemination of any illegally obtained material, and to secure the return of all of the stolen items.

"Any individual, firm or entity that uses, reproduces and/or otherwise disseminates any item of personal property of Anna Nicole and/or her estate without the prior written consent of Ron Rale will be held liable to the fullest extent of the law."

G. Ben Thompson recently spoke to ET's MARK STEINES about having what he called a "short, romantic relationship" with Anna Nicole that eventually led to "a genuine friendship."

Howard K. Stern Speaks Out on Alleged Break-In February 12, 2007 Entertainment Tonight hxxp://www.webcitation.org/5Mjej9nYb

NASSAU, Bahamas - The death of Anna Nicole Smith adds urgency to a planned inquest into how her 20-year-old son died in the Bahamas five months ago, the country's chief magistrate said Friday.

"The fact that both of them have died under sudden death circumstances makes this inquest that much more interesting," Chief Magistrate Roger Gomez told The Associated Press.

Gibson last year approved Smith's Bahamas residency application based on her claim to ownership of the mansion, but G. Ben Thompson - a developer from Myrtle Beach, S.C., who had dated Smith - claimed the mansion was his. Godfrey Pinder, a lawyer for Thompson, said Anna Nicole Smith's death means her claims to the home are no longer valid.

The death of the 39-year-old model and former actress leaves her companion, Howard K. Stern, as the only potential witness who was in the hospital room at the time of Daniel's death.

If necessary, authorities will try to compel Stern to come to the Bahamas and testify for the inquest, scheduled to begin March 27, Gomez said.

A former attorney for Smith in the Bahamas, Michael Scott, said he believed drugs played a role in Anna Nicole Smith's death.

"Undoubtedly it will be found at the end of the day that drugs featured in her death as they did in the death of poor Daniel," said Scott, whose law firm had filed suit accusing Smith of failing to pay her legal bills. He declined to elaborate. Fri, Feb. 09, 2007

Bahamas eager for probe of Smith's son's death JESSICA ROBERTSON Associated Press

hxxp://www.dfw.com/mld/dfw/news/state/16663172.htm

same above

People News Suspicion mounts in deaths of Smith and son Daniel By Stone Martindale Feb 9, 2007, 19:59 GMT hxxp://people.monstersandcritics.com/news/article_1261893.php/Suspicion_mounts_in_deaths_of_Smith_and_son_Daniel

There will indeed be an inquest into the sudden death of Daniel Wayne Smith, and while his mother Anna Nicole Smith will "definitely" be called to testify, there is also the possibility that Immigration Minister Shane Gibson may also be called to testify.

Even before Smith’s mother and family had been notified, Chief Magistrate Roger Gomez announced to the press on Tuesday that the inquest would be held, and fielded questions from local and international press about the planned proceeding.

"An inquest will be held. The date set for the inquest [is Monday, March 27], and it will be held in Victoria Gardens, in Coroner’s Court. The magistrate who will be hearing the inquest will probably be me, although it’s not official yet, but it will probably be me who will be hearing the inquest," Mr. Gomez said.

NOTE 17th January inquest announced for March 27

"We estimate from the amount of witnesses that it will probably take about two to three weeks minimum for the inquest to be held."

Daniel Smith died from complications due to the interaction of three powerful drugs in his system – two anti-depressants, only one of which he was prescribed, and methadone, a drug used to treat heroin addiction, according to a pathologist who conducted an independent autopsy.

Mr. Gomez put the number of witnesses anticipated in the jury proceeding upwards of 20, but would not be more specific, except to say he believed there might be "one or two" American law enforcement officials on the witness list.

The chief magistrate was asked whether Anna Nicole Smith would be called as a witness.

"Definitely she will be called as a witness," Mr. Gomez confirmed. "Anyone who was present in the room at the time of [Smith’s] death or anywhere around that time will be called as a witness," the chief magistrate said.

The Free National Movement has claimed that Mr. Gibson was in the hospital room, but this was never confirmed by the minister.

Asked specifically about Minister Gibson, Mr. Gomez said, "I don’t know whether he was there or not."

Chief Coroner Linda Virgill had originally set a date of October 23 for the inquest into Smith’s death to begin, but her wings were swiftly clipped following her announcement, and authorities floated the idea that an inquest might not even be necessary.

Following her speaking to the press about the case, the Chief Justice of the Supreme Court Sir Burton Hall circulated a memo immediately scrapping the exclusive Coroner’s Court, and stripping Magistrate Virgill of the title of Chief Coroner.

Sir Burton admitted to the Journal that Magistrate Virgill’s impromptu press conference factored into his decision to scrap the exclusive Coroner’s Court, although he insisted that it was always his intention to do so.

Senior jurists, speaking on the customary condition of anonymity, held that in such circumstances as those surrounding Smith’s death, an inquest was absolutely necessary to prevent a public relations nightmare.

And in fact, Mr. Gomez addressed that very question at his own press conference after announcing that an inquest would be held.

"Usually in these types of matters where a lot of questions have been raised and public interest, both local and international, has been raised to such an extent, it would be better to have an inquest to clear up all of the questions that may be raised," he said.

"I wouldn’t call it a public relations exercise, but it’s the normal procedure in matters like this."

Coroner Virgill used this same argument to justify the speed with which she set the inquest date. When questioned as to whether her decision and actions were vindicated by this decision, Mr. Gomez was ambivalent.

"I’d rather not comment on that," he said. "But she certainly was right in saying that there would be an inquest."

He also addressed the delay between Smith’s sudden death and the decision to hold an inquest. Holding up a thick file, he said the police had undertaken a very thorough, and therefore lengthy, investigation.

"I received this file from the police authorities on Friday, and…it’s quite voluminous. They did a lot of investigations and I think the investigations took them not only throughout The Bahamas, but also to California, so I think all of that may have caused them to take a while to complete their investigations," he said.

Mr. Gomez declined to comment on the fact that the police had announced that their investigation was complete and the file sent to the Office of the Attorney General, but the Attorney General herself subsequently said that the file had been returned to the police for additional investigation.

Asked what the inquest could reveal that the "voluminous" police file did not, Mr. Gomez said it was an entirely different thing to be interviewed privately.

"Persons would have to come before the public and take an oath in court, and the whole environment, the whole atmosphere is quite different from being interviewed privately," he said. "And we hope that by going through this process and having lawyers cross-examine witnesses that more information would come out."

As for the possible legal outcome of the inquest, Mr. Gomez would not express an expectation.

"Maybe liability may come up, I’m not quite sure. It’s open-ended right now, I can’t say right now. Maybe they may come up with some recommendations at the end of their deliberations; it’s really too early to [say] until we really hear the evidence being given in the courtroom," he said.

The chief magistrate was at pains to explain that the purpose of the inquest was "to try and answer all the unanswered questions that have been raised in this matter."

"There have been quite a number of questions being raised, but I don’t want to go into specifics right now because we have to remain objective in this matter and I don’t want to create any bias whatsoever," he said.

No one has been identified as a suspect in the matter of Smith’s death.

Asked whether the other coroners’ cases had as yet been distributed among the pool of magistrates, as was the intention following Sir Burton Hall’s decision that all magistrates hear coroners’ matters, Mr. Gomez said, "they are in the process of doing that now."

Mr. Gomez was among many who originally objected to the quick date Magistrate Virgill had set for the inquest because it was perceived as "jumping the line" ahead of cases pending for Bahamians.

On Tuesday, he took a more measured line.

"We have to balance it, look at both sides of the argument. But we have already started to hear the local matters – like I said they started on January 3 – and they will be continuing throughout this time," he said.

The chief magistrate said the only reason he was doing what Coroner Virgill did that ostensibly caused her problems – speaking to the press about the Daniel Smith inquest – was "to clear the air, so to speak."

"And we didn’t want to create the similar atmosphere as to what was created in Aruba where because of the international nature of it, the Aruban tourism product, and the Aruban government and the Aruban judicial system got quite a lot of criticism from the US press," he explained.

"So we tried to cooperate with [the press] as much as possible to avoid this happening in The Bahamas, because we didn’t want the adverse publicity to be affecting tourism or anything else in The Bahamas. That’s part of the reason we have been cooperating with [the press] as much as possible."

Mr. Gomez pointed out that the jury may recommend criminal charges, which would extend the proceedings further. So he could not say that the end of the inquest would also be the end of the affair.

Celebrity pathologist Dr. Cyril Wecht, who conducted an independent autopsy of Smith’s body at the request of Anna Nicole Smith’s representatives, found that the death was a "tragic accident."

Dr. Wecht told the Journal he’d absolutely be willing to testify at an inquest, but he hadn’t heard from Bahamian authorities about his involvement.

17th January Inquest For Anna Nicole’s Son By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=11214

Callenders and Co., which formerly represented Vicky Lynn Marshall, alias Anna Nicole Smith, claims that she "has a total aversion to paying her bills,"

the courts have ordered that Ms. Smith not reduce her bank balance here in The Bahamas – held with the Royal Bank of Canada and Ansbacher (Bahamas) Ltd. – to below $113,217, the total amount of the fees allegedly owed.

The Journal understands that Ms. Smith’s lawyers – Lockhart & Munroe – responded in part to requests for payment by pointing out that Ms. Smith has a claim against Callenders and Co. for "breach of duty" arising out of Callenders’ parting of ways with Ms. Smith late in 2006.

It is understood that Wayne Munroe, Ms. Smith’s principal lawyer, advised that Ms. Smith claims to be entitled to offset any fees owed to Callenders and Co. with the damages of the "breach of duty" claim. Callenders and Co. is suing her for what it claims are unpaid legal fees in the amount of just over $110,000.

'''At issue is the firm’s work on Ms. Smith’s behalf in the aftermath of the sudden death of her son Daniel on September 10. '''

after the young man’s death, Ms. Smith seems to have retained Tracy Ferguson, a junior partner at Callenders and Co., to act on her behalf.

In an affidavit sworn on December 4, Ms. Ferguson said, "Between [September 12] and [October 9] I was retained by the defendant to act as her legal counsel in The Bahamas and to provide consulting and general advice and any other legal services required relating to a possible Coroners Inquest into the death of her son Daniel Smith. "[Ms. Smith] altogether ignored the interim bill for $72,645.88 delivered to her on [October 10] and has failed to pay the whole or any part of the legal fees she incurred,"

"I believe that…the defendant is very well able to pay the above fees but that she has a total aversion to paying her bills and that she will seek to avoid paying the fees by any means that occur to her, including by sending her money within this jurisdiction abroad."

Ms. Ferguson said she knew the celebrity widow earned more than US$1 million for the photographic rights of "the love match ceremony she conducted at sea with (Howard) Stern on [September 28]."

"She has a bank account here which we (Callenders and Co.) reasonably believe has a balance of at least US$1 million."

The lawyer referred to the waterfront Eastern Road residence known as Horizons, in which Ms. Smith’s former lover Ben Thompson supposedly loaned her $900,000 to buy the property knowing that she could pay it back.

"Yet as soon as the house was purchased [Ms. Smith] repudiated her repayment obligation on the basis that the money was a gift," Ms. Ferguson said, "a ridiculous and false suggestion." Callenders originally represented Mr. Thompson in his purchase of the property from the liquidator who had held it, and his disputed conveyance of the property to Ms. Smith. Ms. Ferguson’s law partner, Michael Scott, insists that Ms. Smith’s assertion that the money was a gift is false, as did Mr. Thompson himself at a press conference held in The Bahamas.

"It is quite obvious to me," Ms. Ferguson said, "that the defendant has no intention of paying Callenders’ legal fees and that she will organize her assets in such a way as to frustrate our collection of the fees."

19th January Callenders And Co. Sues Anna Nicole By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=11256

http://www.webcitation.org/5MrQHEp5I

Howard K. Stern has sex with dogs.

misc
The Associated Press

LEBANON, Va. — A judge convicted a former rescue squad worker of involuntary manslaughter for zapping a co-worker with defibrillator paddles in what turned out to be a deadly prank.

01/25/2006

hxxp://www.jems.com/products/aeds/articles/15693/

JEMS weighs in on EMT defibrillator prank

By A. J. Heightman