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Monday, March 31, 2008

Jury: Smith son died of drug overdose

Upper Right: All that is left of Daniel Wayne Smith

Lower Right: Stern with blood on his hands



This is the last post I will ever make on these people. I don't know
when I have ever been so sickened over a miscarriage of justice.
May the Sterns and the Bahamas all burn in hell.

3/31/2008, 2:09 p.m. EDT
By TOSHEENA ROBINSON-BLAIR The Associated Press

NASSAU, Bahamas (AP) — A Bahamas jury ruled Monday that Anna Nicole Smith's son died from an accidental drug overdose, just like his mother.

The seven-member jury, which deliberated for less than two hours, recommended no criminal charges in the September 2006 death of 20-year-old Daniel Smith...


Police had said there was no evidence of homicide, and autopsies found that Daniel died from a combination of drugs, including methadone and antidepressants. But Bahamian authorities ordered the inquest amid widespread speculation over the circumstances surrounding his death.

In its ruling, the jury said the cause of death was "nondependent use of drugs," meaning that Daniel Smith was not addicted and was not aware the drugs in his system would kill him.

Neil McCabe, an attorney for Anna Nicole's mother, Virgie Arthur, said she was disappointed in the ruling because she suspected foul play was involved. Arthur has claimed previously that Anna Nicole's boyfriend and attorney Howard K. Stern played a role in both deaths, but she did not provide evidence.

"We don't think it makes any sense," McCabe said. "The boy was not a drug user, the judge said so. Why would he all of a sudden take a massive dose of methadone?"

Stern, who has denied giving Daniel any drugs, said outside court that he was not sure whether the jury's decision would bring an end to the case.

"I have no control over them," he said of Arthur and her attorneys.

Magistrate William Campbell said the jury's decision ended the case as far the courts in the Bahamas were concerned.

The inquest began in November and heard from more than two dozen witnesses. Anna Nicole's former boyfriend, Larry Birkhead, testified that Daniel was a troubled young man who struggled with drugs and alcohol. But Stern said he was surprised at the autopsy report and said he had never seen Daniel using drugs.

Stern, who came to the Bahamas with Anna Nicole during her pregnancy in 2006, initially claimed he was the father of her infant daughter, Dannielynn. He gave up custody last spring after DNA tests proved Birkhead was the father...

Friday, March 28, 2008

Cat killed by angry husband, police say


No animals were harmed in the writing of this blog...

Right top: faux dead cat; center, Paul Vickers, soon to be
divorced; bottom, pot farm.

Denver Post
03/28/2008 02:49:25 PM

In an attempt to get back at a cheating wife, a Longmont man shot one of her cats.

Wednesday afternoon, Longmont police went to Paul Vickers' home after family members alerted them to a disturbing e-mail Vickers allegedly wrote.

"He sent out an email to family members expressing frustration over past marital issues he and his wife had," said Sgt. Garrett Boden.

"In the same email, Vickers described killing the cat with a .22-caliber pistol, so that his wife could feel his marital pain." The e-mail also threatened the remaining three cats, Boden said.

Vickers wasn't home Wednesday afternoon, but police did find him there Wednesday night, when they made the discovery that a personal vendetta may not have been all Vickers had been cultivating.

"Officers said that they smelled a strong odor of marijuana when they entered Vickers' home, which led them to apply a search warrant of the home," Boden said.

In the home, officers found an elaborate grow operation, which included a total of 19 marijuana plants, equal to about 4.2 pounds. Of those 19, eight were adults, and 11 were juveniles.

Detectives were also able to seize numerous bags of harvested and processed marijuana.
As for the cat, a black and white mix, its body was found in a retention pond south of Vickers' home.

"The cat was truly the victim here," Boden said. "Not to say that we weren't concerned Vickers posed a potential threat to his wife, but it was all about revenge. He knew his wife was partial to cats."

Police arrested Vickers, 50, on suspicion of domestic violence, cruelty to animals, possession of marijuana with intent to distribute, cultivation of marijuana and possession of more than 450 grams of marijuana.

Daniel Wayne Smith Inquest


Couple of things--

In May, 2006, Anna Nicole had won a ruling by the Supreme Court that said she had a right to pursue an inheritance from the late J Howard Marshall in federal court. Stern is suing the Marshall estate now on behalf of the Smith estate, and everyone is dead. He just believes if he hangs in long enough, Marshall’s estate will settle, which the family has sworn never to do.

On a side note, I would really like to know where Stern was and what he was after Anna Nicole went to South Carolina with Ford Shelley. Especially on June 23, 2006, when E. Pierce Marshall died unexpectedly of an odd aggressive infection. Stern, who never left Anna alone, had left her in South Carolina and Florida from June to sometime in July. He says he was working on the Supreme Court case. I do not believe him.

Not to mention that Daniel is hospitalized in California for one week in June due to back pain and Anna Nicole is not by his side? She stays in hiding from Birkhead. Not ringing true.

Was Eroshevich there? There is still the question of WHO sedated Anna to unconsciousness prior to her being released from the hospital after Daniel died. That’s unheard of. Sedate a patient and send them home?

Ray Marino never takes the stand. He’s the person Daniel was living with for his last year or so of his life and would know Daniel’s frame of mind better than anyone. One story is he claimed to have lost his passport?

The Private Investigator Daniel talked to also does not appear. I can see where a PI would not want to have to testify under oath--but it sure would have helped in this case. He wasn't hired--I don't know if that would make a difference.

It seems funny to me that Ford Shelley is convinced of Sterns guilt, yet his testimony could be interpreted to indicate that Daniel MIGHT have killed himself. Damn courts. People are only allowed to answer the questions without filling in the gaps.
.
As he did when Anna Nicole died, Stern made odd phone calls during the emergency. He called Shane Gibson, Ben Thompson, and possibly Ford Shelley and Ben Thompson Jr. So that answers the question from the first day of testimony “who were all the men in the room trying to pry Anna off of Daniel?”

Daniel and Anna Smith




Stern Testifies In Smith Inquest

Text in red italics are my personal comments, just my own opinion...Prairie Chicken

March 19th, 2008
By TOSHEENA ROBINSON-BLAIR

A close friend of the former US reality TV star the late Anna Nicole Smith not only recounted the final hours of the celebrity’s 20-year-old son’s life while on the witness stand Tuesday, but also refuted previous testimony that he possibly got rid of evidence.


California attorney Howard K. Stern was the last witness to take the stand in the Coroner’s Inquest that began in November, but was delayed while the court tried to secure testimony from American witnesses – who are not compelled to come to The Bahamas to give evidence in the matter.

On the witness stand Tuesday, Mr. Stern described the young man as a good person, even though his mother sent him to live with caretaker Raymond Martino after friction between the two reportedly developed in May 2006. There has been speculation that Stern orchestrated the friction between Anna and Daniel, and that Daniel went to live with Martino so he didn't have to watch Stern manipulate her. It was during this time that Daniel spoke with a private investigator, concerned about the control Stern had over Anna.

"I had a lot of love for Daniel," said the attorney, who told the court that he knew the young man since 1997. Words are cheap. Once Daniel became a young man and could see through Sterns manipulative ways, he became a liability to Stern.

"I thought he was looking for freedom, a little more independence. I myself went through the same thing with my parents."

Mr. Stern told the court that he had never seen Daniel use any type of illicit drugs. Wasn't it Stern who installed all the video cameras in Anna's house? He knew what everyone did in the house, because he taped it all. creepy.

"I did not believe Daniel had died of a drug overdose at all. Even after the toxicology report came back I thought that it was some kind of set-up…He was not that kind of kid." No, he wasn't.

An autopsy concluded that Daniel Smith died on September 10, 2006 from a lethal combination of drugs – the most lethal being the powerful pain killer methadone. Which Daniel had no connection to. No prescription, none found on him. Only quarts of liquid and bottles of pills ordered by Stern in one of Anna's alias'.

Mr. Stern said when he picked Daniel up from the airport the night of September 9 he appeared to be in a good mood.

"He kept saying, ‘I can’t believe I have a baby sister. I can’t believe it’," the Stern recalled.
However, he noted that the young man was paler and thinner than usual having spent a week in July in the Intensive Care Unit at a hospital in Burbank, California for severe back pain and depression over his break-up with his girlfriend, Maya. In two years this is the first I've seen an actual NAME of a girlfriend, and still, is this a real person, or another set up story? Anyone ever seen or talked to her? Has anyone checked the supposed hospital records? How does Daniel spend a week in the hospital in California, and Anna is not by his side? I don't buy it. They were glued at the hip, and she wasn't there when he was in severe pain, hospitalized?

Mr. Stern also told the court that it was Daniel who first occupied the hospital room bed where nurse Nadine Carey previously testified that she found two, small, white pills. He is the ONLY person to say Daniel was lying in that bed. Every other person said no, only Stern lay there.

Smith died at Doctors Hospital three days after his mother gave birth to her second child, Dannielynn.

Mr. Stern told the court Tuesday that even after doctors called off their resuscitation efforts on Daniel, his mother still attempted to do chest compressions and asked Mr. Stern for assistance with ventilation.

"Anna screamed, ‘No. No.’ She did not accept that Daniel had died. She was screaming (that) she did not want to trade out children," the Stern recounted.

"She was just devastated. There is no way I could describe how I felt…Anna was inconsolable. She was wearing a cross necklace. She actually pulled it off her neck and threw it against the wall."

He admitted to taking one picture of Ms. Smith cradling her dead son. Mr. Stern said he took the photograph because Anna asked him to do it. I'm pretty sure when a person's child dies, getting a photograph package is way down on the to-do list.

On the witness stand last month, South Carolina real estate developer G. Ben Thompson said he witnessed Mr. Stern take three to four pictures of the deceased because "they might be worth some money one day."

However, Mr. Stern disputed testimony given by South Carolina developer Ford Shelley that he flushed pills allegedly found in Daniel’s jeans pocket after he had died.

Mr. Thompson’s son, Ben, testified that he and his brother-in-law, Mr. Shelley, witnessed Mr. Stern get rid of the two pills. The younger Thompson said Mr. Stern told them in getting rid of the pills he "took care of a problem."

Mr. Stern said that entire incident simply never happened. Stern was just trying to cover his ass. Once the nurses found the 2 pills in the bed, he put 2 in Daniels pants pocket ("dropping" a couple in front of witnesses, so it might look like he was trying to protect Daniels reputation by flushing them) and threw a handful (26) in Daniels bag. Usually if you take medication on an airplane, the pills are in the bottle, or at least contained in some manner--(a baggie, even?)--but not just loose in a suitcase with your clothes. But Stern couldn't leave the container, so just tossed them in there, trying to divert attention to Daniel. More important though; those drugs were not in Daniels system. Soma, not at all and methadone, a sudden 20X overdose from liquid. NOTE: there was no methadone in his bile duct, which would indicate past usage.

The Thompson's, once close friends of Ms. Smith, are embroiled in a legal dispute with her estate over the ownership of the Eastern Road Horizons house where the Anna Nicole lived while in The Bahamas. Anna talked Ben into signing a quit-claim deed on the property even though she had not secured a mortgage or signed a note. She told Ben she had to have it to get her Bahamian residency. He signed it over. He had paid 900K for the property, then spent 50K on landscaping for her. It all went south when he presented her with an agreement that she would pay 1.4 mil for it, instead of 950K. She accused Ben and Ford of trying to make money off of her and Stern told her that with the quit-claim deed signed, she didn't have to pay. So she said it was a gift. The rest is history.

Mr. Stern said he never saw Ms. Smith give her son drugs and he knew nothing about Daniel taking a bottle of methadone from his mother as alleged by Dannielynn’s father Larry Birkhead in court Monday.

He also denied Mr. Birkhead’s testimony that Ms. Smith was hospitalized in April 2006 in order to kick her methadone addiction. Mr. Stern said he took her to the hospital because she suffered from migraines. There are hospital records, no? Why doesn't anyone get them? It would be easy to see who is lying and who is not.

The attorney said the only thing Mr. Smith had in her duffel bag were clothes and personal items and not a bottle of methadone as alleged by Mr. Birkhead. And Ben Thompson and Ford Shelley and the nannies who were suddenly deported back to Haiti so they couldn't testify, and Big Moe, his wife, the Broward County law enforcement. Did anyone else notice that at the beginning of the proceedings it was reported several times that Elizabeth Thompson, Esq., was representing the nannies, but then they disappeared?

The inquest resumes Thursday with brief final submissions from the attorneys involved and the summing up of the case by Magistrate William Campbell before the case is handed over to the jury for a decision.
………………………………….

Jury To Get Smith Case
By TOSHEENA ROBINSON-BLAIR

Daniel Smith, right, and his celebrity mother Anna Nicole Smith both died of drug overdoses under suspicious circumstances.

In less than a week, the coroner’s court probe into the death of a former Playboy playmate’s son is expected to go to the jury.

On Thursday, the inquest into the death of Daniel Smith – the deceased son of late TV actress/model Anna Nicole Smith – reached a crucial stage when the attorneys involved made their final summation before Magistrate William Campbell, who is sitting as the coroner in this matter.

During their submissions, the media and jury were kept outside the courtroom.

With all the evidence in, the seven-member jury must formally decide the legal cause of the death of Daniel Smith, 20.

Before that can happen, though, Magistrate Campbell must first sum up the main points of the case.

Last Tuesday, he had hinted that he was likely to do just that Thursday, but that did not happen.

Rather, he told the jury that evidence in the matter appears to be simple but "it requires further time for review."

The coroner’s jury has the power to recommend criminal charges if it finds evidence of wrongdoing.

Daniel died at Doctors Hospital almost two years ago while visiting his mother who had just given birth to a baby girl.

Magistrate Campbell advised the court last week that the matter would be adjourned to March 31 at 10am. He told jurors that the case is to be decided only on the evidence heard in court.

Police have said there is no evidence of homicide in Daniel’s death. No broken bones, bruises, bullet holes, lacerations or stabbings.


About six months after Daniel’s death, his mother suffered a fatal prescription drug overdose in Florida.

An autopsy found the likely cause of Daniel’s death was a combination of eight different drugs – a mixture of stimulants and depressants.

The court previously heard that the most lethal of the eight would have been the deadly painkiller methadone.

More than 30 witnesses have been called in this matter since it began last November, including a number of medical professionals, police officers, and friends of the late reality T.V. star and her son.

The court has heard that Daniel’s drug overdose was likely intentional because it was such a large volume ingested in a short space of time. Intentional could mean self-ingestion or ingested without his knowledge. So this is an interesting sentence.

During testimony, it was also indicated that about 26 tablets were found in Daniel’s suitcase and two pills were found in a hospital bed that nurses claimed was occupied by Anna Nicole’s attorney-turned-boyfriend Howard K. Stern.

However, earlier this week, Mr. Stern told the court that Daniel first occupied the bed where a methadone pill and a muscle relaxant pill were found.

According to Mr. Stern, Daniel was hospitalized for back pains and was depressed over a break-up with his girlfriend. Again, I'm asking for doctor or hospital records, or some verification from "Maya" the girlfriend.

Thursday, March 27, 2008

Woman Told To Remove Nipple Rings For SoCal Flight

LOS ANGELES (AP) ― A woman was forced by the Transportation Security Administration to remove her nipple rings before she was allowed to board a flight, an attorney said on Thursday.

"The woman was given a pair of pliers in order to remove the rings in her nipples," said Los Angeles attorney Gloria Allred. "The rings had been in her nipples for many years." Allred and the woman planned to hold an early-afternoon news conference in Los Angeles to explain what they plan to do "to ensure that no other person is forced to suffer" the same fate, the attorney said in a statement.

The Transportation Security Administration does not have a specific policy addressing nipple rings or any other jewelry, said TSA spokesman Dwayne Baird. Baird said he did not know of the incident Allred mentioned in her statement. "I'd be really curious to know what this woman had in her nipples," Baird said. "Sometimes they have a chain between their nipples, or a chain between their nipples and their belly button. It would have to be made of heavy metal to be detected."

Transportation Security employees are required to check anything that raises concerns at checkpoints, Baird said. "No matter what it is, if it's something that unduly alarms people or sets off the sensors they must check it," Baird said. "But I've never heard of any of our people having anyone remove something that sounds as small as a nipple ring."

Allred said that several years ago, celebrity Nicole Richie had her breasts inspected by security at an airport because of her nipple rings. Baird said he was not aware of the Richie incident either.

Tuesday, March 25, 2008

Inquest of Death of Daniel Wayne Smith--Complete Witness List

Right: a post adolescent Daniel

Testimony Nov 19, 2007

1. Albury St. Louis
Inspector, Royal Bahamas Police Force’s Criminal Records Office.
Took 6 official photos of Danny before autopsy, noting pinkish reddish abrasions on his body on pelvic and upper shoulder area; collected swabs, hair, etc.

2. Marva Gibson
Immigration officer at Nassau International airport.
Testified Danny, at 9 pm, September 9, 2006 was quiet, conservative, cooperative and helpful regarding visa/immigration paperwork.

3. Howard K Stern
Decedent's mother’s lawyer/ person who apparently had control over Anna for several years.
Testified as to when he met Anna, that Anna and Danny were emotionally close, that he had Identified Danny at the morgue; verified that dead man in 6 photos Danny.

4. Dr Reginald Neymour
Anesthesiologist at Doctors' hospital
He told the court that he met another doctor performing chest compressions, started oxygen, placed an endo-tracheal tube into windpipe and IV into his left hand for medicine designed to start the heartbeat and increase blood pressure. To no avail.
5. Dr. Iferenta
Emergency doctor on duty
Explains 10 person emergency team at Drs Hosp, and that Anna freaked out at the scene.

6. Dr. Caroline Burnett
Princess Margaret Hospital Employee
Testified that she pronounced Smith dead at the Princess Margaret Hospital when the funeral home brought the body in to be "tagged."
Testimony Nov 20, 2007
7. Nadine Carey
Nurse
Met congested and crowded hospital room when she responded to code blue. Said she and Jancy Cota removed second bed from room. "I noticed two tablets on the top of the sheet. I held them until the code was called off," Ms. Carey told the court.

8. Patricia Laing
Nursing Supervisor
Ms. Laing – the last witness called to the stand on Tuesday – told the court that she in turn passed the pills on to a police officer. She said they were secured in a sealed plastic bag.
9. Dr. Horizal Simmons
Obstetrician, First Doctor at the scene.
Dr. Simmons testified that when he arrived in Ms. Smith’s room he saw a male lying in a bed on his back. He added that a female was standing at the foot of the bed with another male standing beside her with his arms around her in a "supportive manner." Dr. Simmons said he began a cardiac massage and continued until an emergency response team arrived.

10. Francis Woodside
Nursing Assistant
Francis testified that Daniel Smith was sleeping in the same bed as his mother, while her attorney Howard K. Stern slept in the other, at about 6:00 a.m., which was 3 hours and 40 minutes before a hospital-wide alarm that he had been found unconscious. Woodside noted nothing unusual in the room except the sleeping arrangements. "We don't usually have that happen, patients sleeping in the bed with relatives."

11. Janice Knowles
Nurse-midwife
Janice testified that she did not notice anything wrong with Smith before medical personnel found him not breathing and with no pulse at about 9:40 a.m.12. Mavis DavisPhlebotomistMavis testified that she did not notice anything wrong with Smith before medical personnel found him unconscious at 9:40 a.m.

13. Patrice Hanna
Registered nurse and midwife
was the first of two nurses to respond to the code blue that went out, some three hours and 20 minutes after Mavis Davis last saw Smith alive. Mrs. Hanna told the court that a white pill was later found in one of the beds in Ms. Smith’s room. It was unclear whether the pill was found in the bed occupied by Mr. Stern or by the Smiths.

14. Harriett Lundy
Medical Technologist
told the court that her role on September 10 was to collect urine and blood specimen from the deceased. She said specimens were also sent to a reference lab, LabCorp in Tampa, Florida by FedEx.

15. Coralee Young
Nurse
testified that Ms. Smith was "hysterical and screaming" during the resuscitation efforts.

16. Catriona McGaggart
Nurse
Said that Anna Nicole Smith was crying hysterically as medical personnel frantically tried to revive her son after his collapse. Ms. McTaggert said even after doctors called off their resuscitation efforts after 25 minutes of trying to revive Smith, his mother still attempted to do chest compressions and asked Mr. Stern for assistance with ventilation.

Testimony Dec 10, 2007

17. Govinda Raju
Pathologist
Eight drugs were found during autopsy, five administered during attempt of life saving procedures, Daniel having a prescription for one, Lexapro an antidepressant. Raju testified that the fatal dose of Zoloft and methadone were ingested between 2:00-5:00 a.m., Sept 10. Raju further added that as a result, Smith's respiratory system collapsed and he had a cardiac arrest.

18. Carolyn Nairn
Patient in room 202
Testified that she heard a lot of commotion coming from the room next door to her - Anna Nicole's room 201 - and a female crying and screaming, "Oh my baby boy."
19. Dr. Charles Diggis
Surgeon Chief Medical Examiner
Testified as to and explained the “Code Blue” procedure at Doctor’s Hospital.
20. Corporal Addie Findley
Policeman
With as of yet unnamed partner was first on scene at hospital.

Testimony Jan 29, 2008

21. Frederick Taylor
Inspector , Central Detective Unit of the Bahamas Police Force
Mr. Taylor told the court that Mr. Gibson and his wife; Anna Nicole’s companion, Howard K. Stern and emergency room physician Dr James Iferenta were all in the room at the time of his arrival. He did not specify what time he arrived.

22. Quinn McCartney
Chief Superintendent, forensic scientist on Bahamas police force
He told the court that two pills found on a hospital bed were determined to be a muscle relaxant and methadone. Another witness had testified to seeing Mr. Stern in that bed on an earlier occasion. "It’s quite possible that he could have come here with a cumulative build-up of methadone in his body? Theoretically, he could have come here with toxic levels in his body?" Coroner William Campbell asked Mr. McCartney before reading an advisory from the Federal Drug Administration [FDA] about the drugs’ harmful side effects. Mr. McCartney admitted it was quite "possible."
He pointed out that in addition to the .790 milligrams of methadone found in Smith’s bloodstream there were also 22 milligrams found in his stomach that suggested it would have been recently consumed prior to death. The coroner estimated that if Smith took a 5 milligram or 10 milligram methadone pill every eight hours, he would have had to consume more than 20 to account for the significant level of methadone in his blood stream and stomach. Mr. McCartney agreed.

23. Yvette Deveaux
Police corporal
testified about 26 tablets found in Smith’s suitcase. Ms. Deveaux also told the court that Nurse Patricia Laing gave her two pills and told her she retrieved them from Smith’s hand. (However, Inspector Taylor testified that Laing said she had gotten the tablets from another nurse. Last month, Nurse Nadine Carey told the court that she found two pills on the bed that other witnesses testified was occupied by Mr. Stern.)

24. Hospital Security tape
Shows Daniels arrival at the hospital and Howard leaving then returning. Cuts off at 8:00am, 1 hour and 40 minutes before Daniel is found dead.

25. Ford Shelley
Friend of Anna Nicole and Daniel Smith, son-in-law of G Ben Thompson
Mr. Shelley said Daniel wanted to be more independent, that he was a brilliant young man living in a shell due to his mother's fame. He wanted to break free; he loved his mother but didn't want to be known as her son. Ford said Anna kept her drugs in a duffel bag, that he had seen methadone in pill and liquid form and prescribed under four different aliases. He also stated that Daniel could not hold his liquor and couldn’t have been a drug addict. Testified to the infamous pill flushing incident.

Cross examination: Stern lawyer tries to cast doubt on close relationship.

26. Doctor Lee Hern
Lab Director Miami-Dade County Medical Examiner's Office
Dr. Lee Hern testified that a large dose of methadone ingested was the primary factor of death. He did not believe him to be habitual drug user. Felt death was an "intentional" overdose because such large amount in short time was taken. Estimates methadone was consumed at approximately 5:30 a.m.

27. Gaither Ben Thompson
Real Estate Developer and personal friend of Anna Nicole and Daniel Smith
He told the court that the last time he saw Daniel was the night before he died. He recalled that the 20-year-old was skinnier and a little paler than usual but was "extremely happy" to see his mother and his new sister. Howard K. Stern called him the day Daniel died. "Stern said, ‘Ben you need to get to the hospital as quick as you can. It’s not good’," the G. Ben recounted. Mr. Thompson said he arrived to find Ms. Smith screaming and holding on to her dead son as Stern looked on. He testified that he witnessed Stern take three to four pictures of the deceased because "they might be worth some money one day." The witness was adamant that Stern made the remark. "I was totally shocked he was taking pictures of a dead child lying in that bed," G. Ben said.

Cross-examination by Shaka Serville. Challenged G. Ben Thompson’s statement as to Stern’s reason for taking photographs and accused Thompson of having monetary reasons to slander Stern (who still has ownership of Horizons estate hung up in other court proceedings.)

28. Ben Thompson
Son of G. Ben, brother-in-law of Ford Shelley, real estate developer
Ben Corroborated Shelley’s testimony regarding Stern having flushed two pills that fell out of Danny’s clothing and Stern’s statement, adding that the pills were egg shaped and white. He also stated it was he who had taken the photograph of methadone in the mini-fridge in Anna Nicole’s bedroom.

Cross-examination by Shaka Serville. Serville sought to show Smith had an injunction against the Thompson/Shelley family being on property and said that the methadone claims came after the legal fight over the house started.

Testimony March 18, 2008:

29. Larry Birkhead
Significant other to Anna Nicole Smith and father of her daughter Dannielynn (baby daddy)

a. He was questioned extensively about his January 24, 2007, police statement in which he reported "personally" witnessing Anna Nicole, her attorney turned boyfriend Howard K. Stern and Daniel smoke marijuana. Birkhead remembered marijuana being there, but could not recall if the three in question – Daniel, Anna Nicole and Stern, actually used it.

b. He said Anna Nicole was addicted to methadone. The witness told the court about an occasion where Anna Nicole believed her son had stolen a bottle of her methadone medication. He said although Daniel had denied taking the bottle sometime in April 2006, his mother did not believe him and checked the home’s security tape where he was shown taking the bottle. There were two friends with him at the time, Mr. Birkhead testified. He alleged that pregnant Anna Nicole was hospitalized in Cedars Sinai in Los Angeles in May 2006 to get off of methadone, and testified that he saw was witness to Stern making methadone available to Anna at different times.

c. Anna Nicole told Daniel that if he were going to experiment with drugs "she would rather him do it in her presence rather than running around experimenting with his friends," and that he had "personally observed" Daniel using the drug Ecstasy; he saw Anna give Daniel a pill that he put into his mouth. Birkhead said someone told him that the pill was Ecstasy. He was never asked the identity of that "someone."

d. “She didn’t care for the kids he was hanging out with at the community college he attended, he started breaking curfew and the rules of the house, so there was a little tension there…She suspected he was drinking alcohol and possibly doing drugs." Birkhead said he spoke to Daniel on Anna’s behalf about his behavior and alleged drug activity and that Daniel told him he wanted to move because his mother didn’t like his friends.

e. Personally, when Birkhead had a back pain and Anna Nicole offered him a pill, which she said was methadone. He said she had also offered him Ecstasy before.

Cross: Mr. Stern’s attorney Wayne Munroe argued that Mr. Birkhead’s police statement was given at a time when he was involved in litigation with Anna Nicole. At the time the couple was engaged in a paternity and custody battle over baby Dannielynn. Munroe also countered that Anna Nicole was receiving in-patient treatment for her migraine headaches, not methadone withdrawal.

Mr. Evans (attorney for Virgie Arthur) suggested to the witness that Daniel stolen the bottle to prevent his mother from taking the prescription medication, in an action similar to what Birkhead himself had admitted to doing.

30. Howard K Stern
Attorney/companion to Anna Nicole Smith

a. Attested to his love for Daniel. Lied.

b. Was surprised to hear the toxicology report showed methadone in Daniels system, didn’t believe he was “that kind of kid”, felt bad that he hadn’t seen the signs and been able to “save” Daniel. Lied.

c. Rejected assertions that Anna kept a litany of drugs in a duffel bag. "Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think," Stern said. Simply denied it.

d. Defended his decision to photograph Daniel and his hysterical mother minutes after Daniel was found dead. Said he took one photograph. Denied it.

That’s it. Short and sweet. Basically everyone else is lying. He denies anything and everything. There is a conspiracy against him, yadda, yadda.

People who did not appear as requested (being out of Bahamian jurisdiction, they could not be compelled to testify)

The Haitian Nannies: Nadine Alexie and Quethelie Alexis

Melanie Thompson, wife at some level to G. Ben Thompson, of South Carolina

Jack Harding, private investigator, California

Ray Martino, guardian of Daniel in California up to the day of his death.

California Doctor Sandeep Kapoor

Sunday, March 23, 2008

Eliot Spitzer--you sexy devil...





















Until now I have not mentioned Eliot Spitzer on the blog because first, I leave politics to Paraguay Parakeet at http://www.paraguayparakeet.blogspot.com/, and second, because your fidelity or marriage status doesn't interest me. People have been having sex since long before religion and government was around to control and tax it. But the visual from this article is too fun not to share...


A controversial political strategist sent a letter to the feds in November saying that then-Gov. Eliot Spitzer "used the services of high-priced call girls" in Florida - and kept his socks on while he did.

The missive from a lawyer for Roger Stone said his client had obtained the lowdown on Spitzer from "a social contact in an adult-themed club."

"The governor has paid literally tens of thousands of dollars for these services," the letter to the FBI reads, according to the Miami Herald. "It is Mr. Stone's understanding that the governor paid not with credit cards or cash but through some prearranged transfer.

"It is also my client's understanding from the same source that Governor Spitzer did not remove his midcalf-length black socks during the sex act," said the letter, which was signed by Stone's attorney Paul Rolf Jensen.

Thank you, Mr. Jensen.

Saturday, March 22, 2008

Final day of Testimony--Daniel Wayne Smith Death Inquiry


By Tosheena Robinson-Blair
Associated Press
March 20, 2008


Anna Nicole Smith's longtime lawyer and companion told a court Tuesday he was surprised to learn an overdose killed the Playboy playmate's son, saying he never suspected the young man was abusing drugs.

Howard K. Stern, the final witness to testify at the inquest to determine what killed Daniel Smith in September 2006, said he thought a toxicology report showing the 20-year-old died from a combination of drugs, including the painkiller methadone, was false because it didn't fit with his impression of the son.

"I didn't believe Daniel died of a drug overdose at all. Even after the toxicology report came back, I thought that was some kind of set up or something," Stern said in the inquest, which ended Tuesday. "He wasn't that kind of kid."
Stern's account contradicted the portrayal given Monday by another former Anna Nicole boyfriend, Larry Birkhead, who described the young man as troubled and apparently struggling with drugs and alcohol.

Stern said he regrets not recognizing that Daniel's health was deteriorating shortly before he died in the Bahamas, the island nation that became the center of a bitter custody dispute for Anna Nicole's baby daughter when the 39-year-old model died Feb. 8, 2007, from an overdose of prescription drugs.

"Daniel said to me, 'I don't know why I'm so tired.' I didn't think anything of it," Stern said. "I wish I had."

He also rejected previous testimony by Ford Shelley, the son-in-law of a developer who was embroiled in an ownership dispute over the Bahamas estate where Anna Nicole lived, who claimed the late reality TV star kept her numerous prescription drugs in a duffel bag.
Stern, who is the executor of Anna Nicole's estate, denied ever giving Daneil any drugs. "Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think," Stern said.
Stern testified he took a photograph of Anna Nicole cradling her dead son after his collapse in her hospital room. "I did that for her and I would do it again," he said, adding that Anna Nicole requested the picture to be taken.

At the time of his death, Daniel was visiting his celebrity mother after she had given birth to daughter Dannielynn in a Nassau hospital. Anna Nicole's fatal overdose in Florida occurred about six months later.

Stern was the last witness to testify before a seven-member jury that will formally determine what killed Daniel and has the power to recommend criminal charges if it finds evidence of wrongdoing.

The judge was scheduled to turn the case over to the jury for deliberations on Thursday.
Police have said there is no evidence of homicide in Daniel's death, and an autopsy found the likely cause of death was a combination of drugs, including methadone and antidepressants.
Note: hours after this posted, it was determined that the seven-member panel would return their decision on March 31, to enable adequate time to evaluate all of the testimony.

Thursday, March 20, 2008

The Inquiry of the Death of Daniel W Smith


By TOSHEENA ROBINSON-BLAIR
March 18th, 2008

DANIEL SMITH INQUEST. Larry Birkhead, the father of the late Anna Nicole Smith’s infant daughter, took the witness stand in the Coroner’s Court yesterday and was questioned about the statement he gave to police about Daniel Smith’s alleged illegal drug usage. Mr. Birkhead is shown on his way to court.

A Coroner’s Inquest into the death of Daniel Smith – the son of the late U.S. reality TV star Anna Nicole Smith – yesterday heard how the former Playboy playmate allegedly gave her son illegal drugs.

On the witness stand Monday, Larry Birkhead – the father of Anna Nicole Smith’s 18-month-old daughter, Dannielynnn – was questioned extensively about his January 24, 2007, police statement in which he reported "personally" witnessing Anna Nicole, her attorney turned boyfriend Howard K. Stern and Daniel smoke marijuana.

In that statement, Mr. Birkhead said Anna Nicole was addicted to methadone, and that he had "personally observed" Daniel using the drug Ecstasy.

However, Mr. Stern’s attorney Wayne Munroe argued that Mr. Birkhead’s police statement was given at a time when he was involved in litigation with Anna Nicole. At the time the couple was engaged in a paternity and custody battle over baby Danielynn.

Mr. Birkhead said he was at Anna Nicole’s home in Studio City, California, when he saw her give Daniel a pill that he put into his mouth. Mr. Birkhead said someone told him that the pill was Ecstasy. He was never asked the identity of that "someone."

On the witness stand Monday, Mr. Birkhead said he remembered Anna Nicole telling Daniel that if he were going to experiment with drugs "she would rather him do it in her presence rather than running around experimenting with his friends."

The witness told the court that Anna Nicole, whose real name was Vicky Lynn Marshall, became concerned about her son in early 2006. “She didn’t care for the kids he was hanging out with at the community college he attended," Mr. Birkhead testified.

"He started breaking curfew and the rules of the house, so there was a little tension there…She suspected he was drinking alcohol and possibly doing drugs."

Under questioning by Milton Evans, the attorney representing the interest of Daniel Smith’s father, Jesse, (you mean Billy Wayne?) and his maternal grandmother Virgie Arthur, Mr. Birkhead said he could not recall the year of the marijuana incident. He thought it likely happened in either 2005 or 2006.

While on the witness stand, Mr. Birkhead said he remembered marijuana being there, but could not recall if the three in question – Daniel, Anna Nicole and Stern, actually used it. On another occasion, Mr. Birkhead said he had a back pain and Anna Nicole offered him a pill, which she said was methadone. He said she had also offered him Ecstasy before.

Continuing with his testimony, Mr. Birkhead said in 2006, Daniel had lost about 20 pounds. Concerned over his welfare, Anna Nicole asked him to talk to her son, which Mr. Birkhead said he was reluctant to do.

He said it was a job that Mr. Stern was more likely to take on if he were around, but he was busy dealing with a legal matter. Mr. Birkhead said he finally acquiesced and Daniel told him that he wanted to get his own place, because his mother did not like any of his friends.

The witness also told the court about an occasion where Anna Nicole believed her son had stolen a bottle of her methadone medication.

He said although Daniel had denied taking the bottle sometime in April 2006, his mother did not believe him and checked the home’s security tape where he was shown taking the bottle. There were two friends with him at the time, Mr. Birkhead testified.

Mr. Evans suggested to the witness that Daniel swiped the bottle to prevent his mother from taking the prescription medication, in an action similar to what Birkhead himself had admitted to doing.

Mr. Birkhead also alleged that Anna Nicole was hospitalized in Cedars Sinai in Los Angeles in May 2006 in order to "get off of methadone. "However, Wayne Munroe – the attorney for Mr. Stern – told the court that Anna Nicole was receiving treatment for her migraine headaches.

Mr. Birkhead also testified that he saw a bottle of methadone in a duffle bag in Anna Nicole’s hospital room’s closet. He said at one time he saw Mr. Stern give her that same duffle bag.
South Carolina real estate developer, Ford Shelley, previously told the court that Anna Nicole had the methadone drug in both the tablet and liquid form and that she traveled with a Coach duffle bag filled with her "medication."

Dr Lee Hern of the Medical Examiner’s Office in Miami Dade County also previously testified that methadone likely caused Daniel’s death. He said it was likely an "intentional ingestion" as it was a large dose consumed over a short period of time.

Two toxicology reports – one produced by Dr Hern’s office – indicated that Daniel had a combination of eight drugs in his system – a mixture of anti-depressants and stimulants.
Daniel Smith died in his mother’s Doctors Hospital room on September 10, 2006 – three days after she had given birth to his sister, Dannielynn.

Mr. Birkhead told the court that he was concerned about the amount of prescription drugs that Anna Nicole took because she was pregnant with his baby at the time.

Neil Braithwaite, senior counsel in the Attorney General’s office wants to call two more witnesses to the stand – Melanie Thompson and private investigator Jack Harding – before wrapping up with Mr. Stern.

In court Monday, Mr. Braithwaite said Harding was contacted but did not return the AG’s office calls, while Ms Thompson’s family attorney was advised about the adjourn date.
Since the remaining witnesses are out of the court’s jurisdiction, they cannot be compelled to attend the proceedings.

Magistrate William Campbell has said that Stern – who will be recalled to the witness stand – needs to testify last because he is "the only interested party."
The remaining witnesses are not being called to assist in determining Daniel’s cause of death, but rather the circumstances surrounding his demise.

Bahamas Resumes Daniel Smith Death Probe
By Tosheena Robinson-Blair
Associated Press
March 19, 2008

Anna Nicole Smith was concerned about her adult son's friends and drug use before he died, though she also once apparently gave him an Ecstasy pill, a former boyfriend of the now-deceased Playboy playmate testified Monday.

Larry Birkhead, testifying at an inquest into the September 2006 death of 20-year-old Daniel Smith, said there was "a little tension" between Anna Nicole and her son between January and May of that year while they lived in Los Angeles.

She had concerns about his drinking too much and possibly taking drugs, noting that he had lost about 20 pounds and was breaking curfew, Birkhead told a jury determining the official cause of Daniel Smith's death in a hospital in Nassau, the Bahamian capital…

In response to a question, Birkhead said he did not know if Daniel might have removed the bottle to prevent Anna Nicole from taking the methadone - a drug she had struggled at times to drop.

Wayne Munroe, a lawyer for Stern, noted that Birkhead was embroiled in a custody fight with Stern at the time of the police statement.

The inquest began in November but was delayed while the court tried to secure testimony from witnesses in the U.S. The final witnesses are expected to testify this week.

Court: Daniel Smith Wasn't Murdered

I'm totally sickened by the blatant deceit, theft, corruption and murder that has simply been swept away like a Plumeria petal on a wave. Oh, I don't really care about Anna Nicole aka Vicky Lynn Smith. Her whole persona was a fairy-tale with a ghetto underbelly; a user who was ultimately used to death. But Daniel didn't deserve this. A shy 20-year-old man plaintively murdered by the very man he was afraid of. Embarrassed by the mother he loved so much and was so close to, but unable to save her from her low-life svengali and her own addictions. After I post the latest articles, I'll update the witness list. Please check back. And please take a moment when you read this to offer a prayer or meditation for Daniel. My belief is that he will hear it and will be comforted by your gift.

New evidence suggests Manson victims may be at Calif. ranch

They're baaack...

FRESNO, Calif. (AP) -
As investigators consider digging for bodies at a remote ranch where Charles Manson and his followers once hid out, authorities say new information is emerging to bolster reports of possible clandestine grave sites in the California desert.

A team of detectives and forensic investigators -- accompanied by an Associated Press reporter -- visited Barker Ranch outside of Death Valley last month to probe the soil for evidence of decomposed bodies.

After follow-up laboratory testing revealed that at least two sites could be unmarked graves, the group is now urging local investigators to begin excavating.

Former Inyo County Detective John Little told the AP yesterday that he was sent into the desert in 1974 by his former boss to investigate possible human remains buried at Barker Ranch.

Rare mummified dinosaur uncovered



OK, this one isn't about crime, but coming from Kansas, where the infamous state school board still fights to keep evolution out of public schools, believing that the world was created from a puff of smoke 7, 000 years ago, I just HAD to post this. How cool it this? I can not wait to see it.


Duckbilled Edmontosaurus covered by fossilized skin that is as hard as iron.
The 65 million-year-old duckbilled dinosaur mummy was found in Southwest North Dakota in 2004. It is one of only four dinosaurs ever found with fossilized skin.
By Blake Nicholson
March. 18, 2008
BISMARCK, North Dakota - Using tiny brushes and chisels, workers picking at a big greenish-black rock in the basement of North Dakota's state museum are meticulously uncovering something amazing: a nearly complete dinosaur, skin and all.
Unlike almost every other dinosaur fossil ever found, the Edmontosaurus named Dakota, a duckbilled dinosaur unearthed in southwestern North Dakota in 2004, is covered by fossilized skin that is hard as iron. It's among just a few mummified dinosaurs in the world, say the researchers who are slowly freeing it from a 65-million-year-old rock tomb.
"This is the closest many people will ever get to seeing what large parts of a dinosaur actually looked like, in the flesh," said Phillip Manning, a paleontologist at Manchester University in England, a member of the international team researching Dakota. "This is not the usual disjointed sentence or fragment of a word that the fossil records offer up as evidence of past life. This is a full chapter."
Animal tissue typically decomposes quickly after death. Researchers say Dakota must have been buried rapidly and in just the right environment for the skin to be preserved. "The process of decay was overtaken by that of fossilization, preserving many of the soft-tissue structures," Manning said.
Tyler Lyson, a 25-year-old doctoral paleontology student at Yale University, discovered the dinosaur on his uncle's ranch in the Badlands in 1999. Weeks after he started to unearth the fossil in 2004, he knew he had found something special.
"Usually all we have is bones," Lyson said in a telephone interview. "In this special case, we're not just after the bones; we're after the whole carcass." Researchers have used the world's largest CT scanner, operated by the Boeing Co. in California and used to examine space shuttle parts, to get a better look at what is encased in the rumpled mass of sandstone.
"This is the fourth dinosaur mummy that's ever been found in the world of any significance," said Stephen Begin, a Michigan consultant on the project. "It may turn out to be one of the best mummies, because of the quality of the skin that we're finding and the extent of the skin that's on the specimen."
Dakota was moved to the museum early last month and is currently surrounded by precariously perched desk lamps and a machine to suck up dust. State paleontologist John Hoganson, of the North Dakota Geological Survey, said it will take a year, maybe more, to uncover it. Amy Sakariassen, part of the team working on the project, was toiling away with a brush whose bristles had been ground down to nubs.
"It really is wonderful to work on it," she said, as Begin used a sharp instrument to pick away tiny bits of rock and unveil a scale. "Nobody's seen that particular scale in 67 million years. It's quite thrilling." Manning said his involvement has meant 18-hour days, seven-day weeks and "more work than I could have ever imagined. But I would not change a single second of the past few years."
Hoganson said the main part of the fossil is in two parts, weighing a total of nearly 5 tons (4.54 metric tons). "The skeleton itself is kind of curled up," he said. "The actual length would be about 30 feet, from about the tip of its tail to the tip of its nose."
The fossil has spawned both a children's book and an adult book, as well as National Geographic television programs. The National Geographic Society is funding much of the research. "We are looking forward to seeing what emerges from the huge dinosaur body block now housed in North Dakota," said John Francis, a society vice president.
Many prehistoric fossils have been found in the western North Dakota Badlands where terrain has been heavily eroded over time by weather. Hoganson said other treasures likely are waiting to be unearthed.
"It's one of the few places in the world where you can actually see the boundary line where the dinosaurs became extinct, the time boundary," he said. "In the Badlands, this layer is exposed in certain places."
Lyson, who found the fossil, eventually hopes to send it on a worldwide tour and then bring it back to his hometown of Marmarth, where he is creating a museum. For now, workers at the North Dakota Heritage Center on the state Capitol grounds are getting part of it ready for display this summer.

Wednesday, March 19, 2008

Peterson gets his SUV back



'I'm sure they wired it for sound.
I don't think they washed it.'

March 19, 2008
totally stolen from and thanks to
JOE HOSEY Herald-News

Drew Peterson was told by a judge he could have his cars back by 9 a.m. Tuesday. Peterson showed up at five minutes after the hour.

"Just picking up the car, you know," Peterson said after he and a companion showed up at District 5 State Police headquarters to reclaim his GMC Yukon Denali and Pontiac Grand Prix.
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He greeted a State Police special agent and attempted to shake his hand, but the agent snubbed him. "That's what I expected," said Peterson, a retired Bolingbrook cop who abruptly quit after 29 years on the force when he came under scrutiny for his wife Stacy's disappearance. "No hug, no kiss."
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State Police seized Peterson's vehicles on Nov. 1 as evidence. Stacy Peterson has been missing since Oct. 28. State Police have called her disappearance a "potential homicide" and named Drew Peterson a suspect.
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Peterson's attorney, Joel Brodsky, won the return of the vehicles, as well as computers and 11 firearms that also had been confiscated and held as evidence, but State's Attorney James Glasgow blocked Peterson from getting his guns back by persuading State Police to revoke his firearm owner's identification card. Peterson is appealing the revocation.
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On Monday, Peterson said he was annoyed with the "Where is Stacy Peterson???" fliers posted in the windows of his next-door neighbor, Sharon Bychowski. He said the fliers cause his children to ask uncomfortable questions like, "Why is that picture there?"
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"I tell them, 'The pictures are up because they miss her,' " Peterson said. "I don't tell them they put them up to harass me." Bychowski said harassment has nothing to do with it. "Why is he worried about people looking for Stacy?" she said. "It should be in his best interest to look for Stacy."
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Peterson's companion drove off in the Grand Prix. Peterson opened the back of the Yukon and checked the interior before getting in. "I'm sure they wired it for sound," he said. "The big problem I have, I don't think they gassed it and washed it."

Monday, March 17, 2008

Judge returns Drew Peterson's cars


March 17, 2008

FROM THE ASSOCIATED PRESS
JOLIET -- An Illinois judge says a former police officer suspected in the disappearance of his wife can have his vehicles back. But the judge isn't ruling yet on whether he can have his firearms again.

Former Bolingbrook, Ill., officer Drew Peterson has denied involvement in the disappearance of his wife, who hasn't been seen since October.
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Will County Judge Richard Schoenstedt said Monday that Peterson's vehicles should be returned to him, along with copies of computer hard drives that investigators took from his home.

However, the judge says he needs more time to consider a defense request for the return of Peterson's guns. He scheduled a hearing on the issue for March 25.

Sunday, March 16, 2008

Drew Peterson to appear in court


March 15, 2008
FROM STNG WIRE REPORTS
BOLINGBROOK --

For months, Drew Peterson has been an official suspect in the disappearance of his wife and the subject of speculation about the drowning death of one of his previous wives.

But since Stacy Peterson vanished in late October and authorities reopened the investigation into the 2004 death of Kathleen Savio, Peterson has not set foot in a courtroom in either case.

That is expected to change Monday. At 9:30 a.m. Peterson is scheduled to appear in a Joliet courtroom on a matter concerning the disappearance of his wife.
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The issue on which he will appear is relatively minor - the planned return of his cars, computers and other items that police seized as part of their investigation of his wife's disappearance - but it may nevertheless be significant.

"The judge wants to advise him that he's giving up some rights to challenge the (validity of the) photographs," said Peterson's attorney, Joel Brodsky, who said it would not be uncommon to allow an attorney to handle such a matter without requiring the client to attend.
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"I guess if (Peterson) is ever charged, it's potentially a death (penalty) case, the judge wants to make sure he stipulates so (Peterson) knows what he's doing," said Brodsky, who added that Peterson is looking forward to his court appearance.

Peterson has denied he was involved in his wife's disappearance, which authorities are investigating as a possible homicide, contending he believes she ran off with another man. He also has denied involvement in the death of Savio, who was found dead in her bathtub in 2004. Brodsky said he doesn't believe Peterson will be charged in either case.

Thursday, March 13, 2008

Sheriff recommends charging boyfriend in bizarre toilet case


By ROXANA HEGEMAN
Associated Press Writer


The sheriff is recommending charges in the case of a western Kansas woman who sat on her boyfriend's toilet for so long that her body became stuck to the seat.

Ness County Sheriff Bryan Whipple said today he asked the county attorney to file charges against Kory McFarren for mistreatment of a dependent adult. The county attorney will decide whether any charges are brought.

News about the case made Internet headlines around the world and left many of the town's roughly 1,500 people incredulous.

"The unfortunate thing is this truly is a case of two people, in my opinion, with diminished mental capacity," Whipple said.

McFarren did not answer his door Thursday, but later called The Associated Press and said he was done giving media interviews. He said he did nothing wrong. "The only thing I am guilty of is I didn't get her help sooner," he said.

On Wednesday, McFarren said his girlfriend, Pam Babcock, 35, had a phobia about leaving the bathroom.

Whipple was the second law enforcement officer to respond to the mobile home where McFarren and Babcock were living. Whipple, who described Babcock as a "thin, petite woman," used a pry bar to take the seat off the toilet so the woman could be transported to the hospital where the seat was removed.

"The house was cluttered but not in shambles," he said. "The smell was overpowering — a terrible smell about the house, obviously coming from where she was at."

McFarren, 36, told the sheriff at that time that Babcock had not left the bathroom in two years, although McFarren now contends he's unsure how long she was in there. Whipple said Thursday that judging by the woman's condition — she had open sores on which the toilet seat would stick — it appeared she likely sat on the toilet continually for at least a month.

"She would have to be sleeping on the toilet," the sheriff said.

McFarren said she moved around in the bathroom during that time, bathed and changed into clothes he brought her. He brought food and water to her. They had conversations and an otherwise normal relationship — except it all happened in the bathroom.

But the sheriff disputed that account: "She hadn't bathed for quite some time, I am safe in saying. She obviously was not keeping herself up."

McFarren said he finally called police Feb. 27 after he became worried because Babcock was acting groggy, as if she didn't know what was going on around her.

What emergency responders found when they entered the bathroom has left many in the town of about 1,500 people buzzing and authorities incredulous.

Doctors at the Wichita hospital where Babcock is hospitalized told the boyfriend an infection in her legs has damaged her nerves and may leave her in a wheelchair, he said.

McFarren, who works at an antique store, said he has been taking care of Babcock for the 16 years they have lived together. He insisted that he tried to coax her out of the bathroom every day.

"And her reply would be, 'Maybe tomorrow,'" Whipple said.

Sheriff: Kansas woman sat on boyfriend's toilet for 2 years...


March 13, 2008
BY ASSOCIATED PRESS


WICHITA, Kan.---- Authorities are considering charges in the bizarre case of a woman who stayed in her boyfriend's bathroom for two years, spending most of her time on the toilet -- so that her body was stuck to the seat by the time the man finally called police.

It appeared the 35-year-old Ness City woman's skin had grown around the seat, said Ness County Sheriff Bryan Whipple. (!!) The woman initially refused emergency medical services but was finally convinced by responders and her boyfriend that she needed to be checked out at a hospital.


''We pried the toilet seat off with a pry bar and the seat went with her to the hospital,'' Whipple said. ''The hospital removed it.''


Whipple said investigators planned to present their report Wednesday to the county attorney, who will determine whether any charges should be filed against the boyfriend.


''She was not glued. She was not tied. She was just physically stuck by her body,'' Whipple said. ''It is hard to imagine. ... I still have a hard time imagining it myself.''


Police declined to release the couple's names, but the boyfriend, Kory McFarren, agreed to be interviewed Wednesday by The Associated Press. He identified his girlfriend as Pam Babcock.
McFarren, 36, told investigators he took Babcock food and water and asked her every day to come out of the bathroom.


''And her reply would be, 'Maybe tomorrow,''' Whipple said. ''According to him, she did not want to leave the bathroom.'' McFarren told the AP that he wasn't to blame, and that it was solely Babcock's choice to remain in the bathroom.


''She is an adult; she made her own decision. It was my fault I should have gotten help for her sooner; I admit that. But after a while, you kind of get used to it,'' McFarren said. Although authorities said they think Babcock was in the bathroom for two years, McFarren said he wasn't certain how long she stayed there. He said she had a phobia about leaving the room because of childhood beatings.


''It just kind of happened one day. She went in and had been in there a little while, the next time it was a little longer. Then she got it in her head she was going to stay -- like it was a safe place for her,'' McFarren said.


But McFarren said Babcock moved around in the bathroom during that time, bathed and changed into the clothes he brought her. He said they conversed and had an otherwise normal relationship -- except that it all happened in the bathroom.


McFarren, who works at an antique store, said he has been taking care of Babcock for the 16 years they have lived together. McFarren called police on Feb. 27 to report that ''there was something wrong with his girlfriend,'' Whipple said.


Police found Babcock clothed and sitting on the toilet, her sweat pants down to her mid-thigh. She was ''somewhat disoriented,'' and her legs looked as if they had atrophied, Whipple said.
''She said that she didn't need any help, that she was OK and did not want to leave,'' he said.
She was reported in fair condition at a hospital in Wichita, about 150 miles southeast of Ness City. Whipple said she refused to cooperate with medical providers or law enforcement investigators.


McFarren said that his girlfriend has an infection in her legs that has damaged her nerves, and that she has no feeling in her legs. She may wind up in a wheelchair, he said. Authorities said they did not know whether she was mentally or physically disabled.

The case has been the buzz of Ness City, said James Ellis, a neighbor. ''I don't think anybody can make any sense out of it,'' he said. Ellis said he had known the woman since she was a child but that he had not seen her for at least six years.


He said she had a tough childhood after her mother died at a young age and apparently was usually kept inside the house as she grew up. At one time the woman worked for a long-term care facility, he said, but he did not know what kind of work she did there.

''It really doesn't surprise me,'' Ellis said. ''What surprises me is somebody wasn't called in a bit earlier.''

Wednesday, March 12, 2008

Sheriff: Woman Sat on Toilet for 2 Years


Wednesday, March 12, 2008
By ROXANA HEGEMAN, Associated Press Writer


WICHITA, Kan. — Authorities are considering charges in the bizarre case of a woman who sat on her boyfriend's toilet for two years _ so long that her body was stuck to the seat by the time the boyfriend finally called police.


Ness County Sheriff Bryan Whipple said it appeared the 35-year-old Ness City woman's skin had grown around the seat. She initially refused emergency medical services but was finally convinced by responders and her boyfriend that she needed to be checked out at a hospital.


"We pried the toilet seat off with a pry bar and the seat went with her to the hospital," Whipple said. "The hospital removed it."


Whipple said investigators planned to present their report Wednesday to the county attorney, who will determine whether any charges should be filed against the woman's 36-year-old boyfriend.


"She was not glued. She was not tied. She was just physically stuck by her body," Whipple said. "It is hard to imagine. ... I still have a hard time imagining it myself."


He told investigators he brought his girlfriend food and water, and asked her every day to come out of the bathroom.


"And her reply would be, `Maybe tomorrow,'" Whipple said. "According to him, she did not want to leave the bathroom."

The boyfriend called police on Feb. 27 to report that "there was something wrong with his girlfriend," Whipple said, adding that he never explained why it took him two years to call.
Police found the clothed woman sitting on the toilet, her sweat pants down to her mid-thigh.


She was "somewhat disoriented," and her legs looked like they had atrophied, Whipple said.
"She said that she didn't need any help, that she was OK and did not want to leave," he said.


She was reported in fair condition at a hospital in Wichita, about 150 miles southeast of Ness City. Whipple said she has refused to cooperate with medical providers or law enforcement investigators.


Authorities said they did not know if she was mentally or physically disabled.
Police have declined to release the couple's names, but the house where authorities say the incident happened is listed in public records as the residence of Kory McFarren. No one answered his home phone number.


The case has been the buzz Ness City, said James Ellis, a neighbor. "I don't think anybody can make any sense out of it," he said. Ellis said he had known the woman since she was a child but that he had not seen her for at least six years.


He said she had a tough childhood after her mother died at a young age and apparently was usually kept inside the house as she grew up. At one time the woman worked for a long-term care facility, he said, but he did not know what kind of work she did there.


"It really doesn't surprise me," Ellis said of the bathroom incident. "What surprises me is somebody wasn't called in a bit earlier."

Tuesday, March 11, 2008

Girl, 13, commits suicide after online bullying


By Catherine Elsworth in Los Angeles
Last Updated: 2:30am GMT 21/11/2007

A 13-year-old girl hanged herself after she fell victim to a cyber-bullying campaign orchestrated by the mother of one of her classmates, who masqueraded online as a "good looking" teenage boy.


Megan Meier was in great spirits after she began corresponding with a 16-year-old named Josh Evans, who she met on MySpace, the popular social networking site. They exchanged messages for six weeks before he abruptly ended the friendship, telling her he had heard she was cruel.

The next day, Megan, who suffered from depression and attention deficit disorder, committed suicide. Her parents later discovered that Josh had never existed but was a fictitious persona created by a woman neighbour whose daughter had been friends with Megan until they fell out.
The woman, who attended the funeral before being exposed, reportedly told police she invented the MySpace profile because she wanted to gain Megan's confidence and find out what the girl was saying about her own child online.

She also told police that she, her daughter and another girl had all been involved in the ruse, helping to write messages from "Josh" to Megan.

Following a lengthy investigation, no charges have been brought in the case, enraging Megan's parents who are determined to see those responsible prosecuted and also seeking new laws to protect children from cyber-bullying.

Tina Meier, Megan's mother, said she did not believe anyone intended for her daughter to kill herself. "But when adults are involved and continue to screw with a 13-year-old, with or without mental problems, it is absolutely vile," she told her local paper, the Suburban Journals of Greater St. Louis.

Police say they are keeping the case open and have promised to consider any new evidence.

Megan, who was described as a "bubbly, goofy" girl, died a year ago. Her parents were asked by the FBI to keep quiet while the case was investigated. They are speaking out now as tensions over the case continue to roil their community in Dardenne Prairie, a suburb of St. Louis, Missouri, and local officials attempt to pass an ordinance criminalising online harassment.

The day after her death, her father, Ron Meier said he found a message from Josh telling Megan she was a bad person and the world would be better without her. There was also a flurry of email postings labelling Megan "fat" and "a slut".

The woman who created the profile was exposed by the parents of another girl with access to the Josh account.

Megan's parents, who have since separated, are pushing for a new law "to get justice for Megan", Mrs Meier said. The proposed internet ordinance is expected to be debated by city officials this week.

"People are just totally shocked. They can't believe that an adult would have done this," said Pam Fogarty, the town's mayor, who has ordered extra police to patrol the area because of what she fears is a growing "mob mentality".








Sunday, March 09, 2008

Kathleen said she had no will, lawyer recalls


PETERSON CASE But Drew claims he found it after her death
March 8, 2008
BY JOE HOSEY Herald News


While she was divorcing Drew Peterson, Kathleen Savio said she didn't have a will, her former lawyer said Friday.

Attorney Harry Smith's statement raises new questions about a two-page, handwritten will that Drew Peterson unveiled 15 days after his ex-wife drowned in her bathtub in 2004. The will -- dated March 2, 1997 -- named Peterson's uncle James B. Carroll as executor of Savio's estate. Carroll later awarded Peterson control of virtually all of Savio's assets, although Peterson and his third wife already had divorced.

Smith on Friday also said that Drew Peterson's fourth wife, Stacy, met with him twice in the week before she vanished to solicit advice for her own divorce from the embattled Bolingbrook ex-cop.

Stacy Peterson discussed divorce twice with Smith in the five days before her Oct. 28 disappearance, he said.

"She was looking for advice regarding a dissolution of marriage, [the] results and ramifications," Smith said, though he declined to offer specifics, saying: "That would be a good way to be sued."
State Police have classified Stacy Peterson's disappearance a "potential homicide" and named her husband a suspect in their investigation. State Police also are probing the mysterious March 2004 death of Savio.

State Police initially said her death appeared to be accidental. After Stacy Peterson vanished, Savio's body was exhumed for additional testing. The forensic pathologist conducting those tests concluded Savio was the victim of a homicide.

Smith was representing Savio in her long divorce proceedings from Peterson.
Though he said he recalled Savio told him she and Drew Peterson didn't have a will, he couldn't offer specifics about the conversation.

Drew Peterson, meanwhile, has said he found the will after his ex-wife died. "We just tucked it away, and I found it after she died," Peterson said earlier this year. "There's nothing sinister and out of line about it. Everything was done proper."

A Will County judge accepted the will as valid in 2005 after two of Drew Peterson's friends testified they had witnessed Peterson and Savio sign the document.

Friday, March 07, 2008

Peterson says he was unaware Stacy and Savio contacted same divorce attorney


Drew Peterson says he had no idea that just days before his wife Stacy disappeared she had contacted the same attorney who represented his previous wife in their divorce.
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"I was pretty shocked," Peterson, 54, said Friday when asked for his reaction to the attorney's comments.
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Harry Smith, a Wheaton attorney who represented Peterson's third wife Kathleen Savio, in their divorce, said Friday that Stacy Peterson, 23, called him in late October to inquire about a divorce from her husband of four years, but did not retain his services.

A spokeswoman for Stacy Peterson's family said Smith's comments confirm their claim that the mother of two was intent on leaving her husband, who she feared and found to be increasingly controlling.
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"Looking back on it, I wish I would have advised her differently," Pam Bosco said. "Knowing what I know now, I wish I would have advised her to seek immediate help, a safe zone. We have to take these women's cries more seriously. I wish I would have done that."
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Peterson was last heard from Oct. 28, and her husband, a former Bolingbrook police sergeant, has been named a suspect in her disappearance. He has not been charged and has said she left him for another man...
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Authorities are also reinvestigating the 2004 death of Savio, 40, who was found drowned in her bathtub just weeks before the couple's divorce settlement was to be finalized. Her death originally was ruled an accident by a coroner's jury, but now authorities have termed it a murder investigation. Peterson has denied any involvement.
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Smith told WLS 890 radio host Roe Conn on Thursday that he had an ominous feeling about Savio's death because she "had reached out in writing and orally, not only to me but to others, talking about a fear that something like this could happen to her."
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When he learned that Stacy Peterson was missing, Smith said he contacted investigators and offered his cooperation. "I had this sort of odd feeling that I'd been through this once before," Smith said on WLS. Smith said Savio had agreed to rush the divorce so Drew could marry Stacy, who was pregnant, because she realized Stacy would not have health insurance unless she was married.

Thursday, March 06, 2008

Sons won't appear before grand jury for now


March 5, 2008
By JOE HOSEY Staff Writer
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BOLINGBROOK Drew Peterson's teenage sons once again avoided an appearance before the grand jury, their father said Wednesday.
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The two young men -- Thomas, 15, and Kristopher, 13 -- were served last week with subpoenas but would not be called to appear at the scheduled session Thursday.
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Peterson's attorney, Joel Brodsky, confirmed that postponement but declined to comment. On Wednesday, Brodsky said the Peterson sons are being represented by Chicago attorney Robert Novelle. Novelle failed to return a call for comment.
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Brodsky credited Novelle for the postponement. "He did something," --duh Brodsky said. "I guess they're filing papers, and the judge is making decisions." lawyer stuff...The state's attorney's office issued a statement Wednesday afternoon confirming Thursday's grand jury session had been canceled altogether. Several hours before that, a source said, "Anyone waiting out front there for the boys would be wasting his time..."
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"...Drew's not manipulating the situation," he said. "He has to protect their rights, make sure they're not being harassed or bullied," Brodsky said. "They need a very tough criminal defense lawyer. And that's what they got." Drew has all this time to prep them. They'll either say what Drew tells them, or they will tell the truth.
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Of his older sons, he is close to Steven, and estranged from Eric since and because of Kathleen's death. His sons may be his undoing. Dang Drew, what happened to the old days when family stuck together--the Barkers, the Mob.

Hilton 'prime suspect' in several deaths



Death penalty still an option in Emerson case, prosecutor says


By CHRISTIAN BOONE, TIM EBERLY


The Atlanta Journal-Constitution — Charged in the killing of Meredith Emerson, Cheryl Dunlap, John and Irene Bryant and being eyeballed hard for the murder of Patrice Endres, law enforcement suspects drifter Gary Michael Hilton might be involved in a murderous spree spanning three states within the last three months. I think for much longer than that.


Hilton, 61, in jail for allegedly kidnapping and killing Buford hiker Meredith Emerson now faces charges in the slaying of Cheryl Hodges Dunlap, 46, of Crawfordville, Fla. in a National Forest near Tallahassee. A masked person suspected in Dunlap's slaying used her ATM card on three occasions following her disappearance on Dec. 1. Leon County Sheriff's Office Sgt. Rob Reisinger said during a news conference that deputies can place Hilton in the area at the time of Dunlap's disappearance.



Avid hikers John, 79, and Irene Bryant, 84, were last seen alive on Oct. 20 in the Pisgah National Forest in North Carolina near the borders of Georgia and South Carolina. Her body was found bludgeoned three weeks later; John Bryant found dead days later. Transylvania County (N.C.) Sheriff David Mahoney said there are many similarities in the killings of Bryant and Emerson.


In each case -- including Cheryl Dunlap's slaying -- the victims' ATM cards were used. Emerson, Dunlap and Irene Bryant were all found in state or national forests. In the two most recent slayings, the bodies have been disposed of in gruesome fashion. Georgia authorities said that Emerson was decapitated, and reports have circulated around Tallahassee that Dunlap's head and hands were severed from her body. Local officials won't confirm it, but Maj. Mike Wood of the Leon County Sheriff's Office told the Tallahassee Democrat there are similarities in the cases that deputies weren't at "liberty to discuss."


Yet another unsolved slaying in which the victim was dismembered has investigators in LaGrange wondering whether Hilton may be involved in yet another killing, though officials are quick to dismiss any known connection. Still, there are "obvious coincidences," said Capt. Mike Nixon, chief investigator for the Troup County Sheriff's Department.


On Dec. 6, a passing motorist discovered the body of a woman -- still unidentified -- missing hands, feet and head. The mutilated body was in five black plastic garbage bags along Stitcher Road in LaGrange, which is west of Macon near the Alabama line.


Although an attempt was made to burn the bags, some evidence was recovered, including a Domino's Pizza coupon from Chamblee. The address on Hilton's arrest warrant for Emerson's kidnapping is on Clairmont Road in Chamblee. Nixon said investigators believe the woman was killed in metro Atlanta.


"We're looking into Hilton. We're looking into everything," he said.


Rumors have spread in LaGrange and Tallahassee that the slayings are connected, as each corpse was dismembered and the bodies were discovered within nine days of each other. Nixon said he's heard the speculation but so far nothing links the two cases. And as of now, he said, Hilton is not a suspect in the LaGrange slaying.


Meanwhile, Forsyth County officials say they are investigating whether Hilton may have been involved in the slaying of Cumming beauty salon owner Patrice Endres, whose body was found a little more than two years ago in Dawson State Forest, about a mile from where Emerson's body was located Monday.


Hilton is accused of abducting and bludgeoning to death Emerson, 24, who disappeared while hiking with her dog in the North Georgia mountains on New Year's Day. He is charged with kidnapping with bodily injury in Union County, where Emerson disappeared in Vogel State Park. Hilton also faces a murder charge in Dawson County, where Emerson's body was found Monday and where police say she was killed.


Dawson County prosecutor Lee Darragh said Wednesday he would not comment on whether he will seek the death penalty for Hilton. Hilton was denied bail. Hilton's court-appointed attorney, Rob McNeill, said he could not discuss the case's details, but said Hilton "realizes the gravity of the situation." At the hearing Wednesday in Dawson County, Hilton was made aware of the murder charge against him. He did not enter a plea.


Hilton never spoke aloud, but nodded when Chief Magistrate Judge Johnny Holtzclaw asked whether his date of birth was Nov. 22, 1946. Upon entering court from a side door, a handcuffed Hilton, wearing an orange jumpsuit and holding a pair of glasses, chatted softly with his defense attorney. The hearing lasted five minutes. It did not appear that any Hilton family members were present.


None of Emerson's relatives came either, said Peggy Bailey, a family spokeswoman. Through Bailey, Meredith Emerson's parents, Susan and Dave Emerson, told the Journal-Constitution that Hilton was not worth "our time and energy." "Our focus is on Meredith," the couple said in a statement given Bailey. The family was busy Wednesday preparing for Emerson's memorial service at 2 p.m. Friday at Central Presbyterian Church in Athens. Another memorial service is planned for sometime later in Emerson's hometown of Longmont, Colo., just outside Denver.

Darragh, district attorney for the Northeastern Judicial Circuit, which includes Dawson County, told reporters after Hilton's hearing that he planned to take the case to the grand jury in early March. Asked about the death penalty, Darragh has also said he was not a part of any deal made with Hilton to take the death penalty off the table.


On Tuesday, Union County District Attorney Stan Gunter told The Associated Press authorities had agreed not to seek the ultimate punishment against Hilton if he led them to Emerson's body, which he did. Vernon Keenan, director of the Georgia Bureau of Investigation, said the Union County County district attorney's office discussed the deal with the Emerson family. Steven Bright of the Southern Center for Human Rights said reneging on the promise, even if it was made by another jurisdiction, would likely raise legal complications for prosecutors.

"I would think if an agent of the state made a representation that induced the defendant [to give up evidence], I would think he would be entitled to [get] the bargain," Bright said. "We will have a hard time having a credible justice system if the representatives of the state promise people something and then are free to disregard it." Jack Martin, an experienced Georgia death penalty defense attorney, said that going back on the deal could also mean losing the ability to use certain evidence against Hilton — including the location of the slaying and the body.

"As a general matter, if there was a promise not to prosecute and he gave information on that promise, that information cannot, should not, be used in any trial," Martin said. "The evidence regarding the body would not be admissible, which would complicate the death penalty prosecution."


An autopsy performed by the GBI on Tuesday found Emerson suffered fatal injuries to the head before she was decapitated. The autopsy also revealed Emerson was alive for three days after she disappeared, but the GBI has not released any information about what happened to her during that time. Emerson's body was delivered to a funeral home in Athens, GBI spokesman John Bankhead said.

Jeff Smith, of Sandy Springs, was one of thousands of people who have reported seeing Hilton moving around North Georgia and apparently living out of his van. Smith's encounter with Hilton provides insight into the lifestyle Hilton was living in the months leading up to the alleged slaying.


Smith said he found a makeshift camp Hilton set up on Oct. 26 at the entrance to a privately leased woodland area off Lake Alataoona in Cherokee County. The camp is supposed to be accessible only to members of a hunting club which leases the land, but Smith said Hilton's white van was parked on the dirt road blocking the gate.


When Smith approached the van, trash was strewn on the ground, several sleeping bags were in the mud and a stash of plastic storage containers was stacked head-high and covered with plastic. Hilton told Smith he was merely stopping for a rest on his way to the Cohutta Wilderness, east of Dalton. The story didn't make sense to Smith, who noted that their location was 8 miles off I-75 and 2 miles inside a remote, heavily forested area.

"Immediately I thought wait a minute, this guy is hiding from something," Smith said.
Smith advised Hilton he was trespassing, then walked away after Hilton became belligerent and called the police.


A Cherokee County sheriff's deputy who responded to the call videotaped a 20-minute exchange with Hilton, who admitted having a baton with him. Cherokee County Sheriff Roger Garrison said the deputy ran a check on Hilton through federal and state criminal databases before letting him go. There were no outstanding warrants, Garrison said. After Emerson's disappearance, Garrison said detectives searched the wooded area in Cherokee County where Hilton was camping, but they found nothing suspicious.