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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

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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

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Contents 1 Investigation to the death of Daniel Smith 1.1 notes 1.1.1 Break In 1.2 misc 1.3 References

[edit] 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.^[1] 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." ^{[2] [3]} 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. ^[4]

[edit] notes

Case No. 00-5682-C1

Section 11

ESTATE OF LISA McPHERSON, by and through the Personal Representative, DELL LIEBREICH Plaintiff, vs.

CHURCH OF SCIENTOLOGY FLAG SERVICE ORGANIZATION, INC.; JANIS JOHNSON; ALAIN KARTUZINSKI; and DAVID HOUGHTON,

hxxp://www.lisamcpherson.org/dandar_01.htm

^[5] IN THE

SUPREME COURT OF INDIANA

STATE OF INDIANA ) Supreme Court No.

                                                                          )  53S00-0406-SJ-287

vs. )

                                                                          )  Case No. 53C06-0405-FC-408 in the  

DAVID G. SHAW ) Monroe Circuit Court No. 6

ORDER APPOINTING SPECIAL JUDGE

           This matter comes before this Court upon the trial court’s Ind.Criminal Rule 13 certification for appointment of a special judge. 

And this Court, being duly advised, now finds that a special judge should be appointed to hear this matter in the Monroe Circuit Court 6.

IT IS, THERFORE, ORDERED that the Hon. Frank M. Nardi, Judge of the Owen Circuit Court, is appointed as special judge in this matter in the Monroe Circuit Court. This Order vests jurisdiction in Special Judge Nardi. Pursuant to Trial Rule 79(K), an oath of office is not required.

           The clerk of this Court is directed to forward notice of this Order to the Hon. Frank M. Nardi, Judge of the Owen Circuit Court; to the Hon. David L. Welch, Judge of the Monroe Circuit Court 6; and to the clerk of the Monroe Circuit Court.

           The clerk of the Monroe Circuit Court is directed to forward notice of this order to all parties of record in the case below.

           DONE at Indianapolis , Indiana, this ______ day of July, 2004.

                                                                       __________________________

                                                                       Randall T. Shepard

Chief Justice of Indiana

Taser case wecht

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...The birth of her daughter, however, was completely overshadowed by the sudden, unexplained death of her son, Daniel Wayne, on September 10... Celebrity pathologist Dr. Cyril Wecht was hired by Ms. Smith’s lawyer – at the time, Michael Scott of Callenders and Co. – to conduct an independent autopsy....it has been argued by some that the Daniel Smith matter led to the dismantling of the Coroner’s Court....Days after Chief Coroner Linda Virgill gave an impromptu press conference, at which she labeled Daniel’s death suspicious and announced that she would hold an inquest beginning October 23, Chief Justice Sir Burton Hall issued a directive stripping Mrs. Virgill of the exclusive designation of coroner and reverting to the pre-1993 practice of having all magistrates in the pool hearing coroners’ matters....While she was waiting for the verdict on Daniel’s death, Ms. Smith was living in Horizons, a million-dollar ocean-front mansion along the Eastern Road once owned by infamous Canadian developer Ron H. Kelly.On the matter of the ownership of the Horizons residence, Ms. Smith claims that yet another former lover, South Carolina developer G. Ben Thompson, bought her the house as a gift.Mr. Thompson disputes that claim, arguing that he doesn’t have a million dollars to give as a gift. He says he bought her the house with the understanding that she would take out a mortgage on it to pay him back....The Prime Minister, the Minister of Immigration and the Director of Immigration all insisted that she was granted status on the basis of her ownership of the home.

29th December A Year of Controversy:The Anna Nicole Saga By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=11014 hxxp://www.webcitation.org/5MrLwKZNL

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Attorney Godfrey "Pro" Pinder, who represents American developer G. Ben Thompson, on Thursday withdrew a judgment in default of appearance that had been entered by Emerick Knowles, Mr. Thompson’s former attorney.

22nd December Fight Intensifies For House Where Anna Nicole Lives By Candia Dames hxxp://www.jonesbahamas.com/?c=45&a=10979

hxxp://www.webcitation.org/5MrMHsKer

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G. Ben Thompson claims to be the true owner of the house in which Ms. Smith is staying. He has continued to assert that Ms. Smith agreed to take out a mortgage to pay him back the $950,000 he spent purchasing the residence, which he said he did as a favour for Ms. Smith.

Ms. Smith denies that assertion, instead claiming that the residence was a gift. She produced a conveyance granting her ownership of the residence.

"Mr. Knowles told the Journal on Thursday that that conveyance has been cancelled. The person who signed the conveyance in the first place – Mr. Thompson – has cancelled it, and as Ms. Smith has not yet paid stamp tax – according to Mr. Knowles – "she has no right to be in that house."

1st December Anna Nicole To Stay In House By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=10725

http://www.webcitation.org/5MrOqVls0

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A series of documents has been filed in the Supreme Court as the bitter dispute continues over the ownership of the Eastern Road house where American celebrity Vickie Lynn Marshall, aka Anna Nicole Smith, resides.

one of the documents is a copy of an email message sent by attorney Tracy Ferguson to Howard Stern Ms. Smith at one point, says in the message dated October 10 that she stands by her assertions that Mr. Stern invited "even entreated me" to make a false declaration to the registrar general

at the request of her law partner, Michael Scott, she wrote to Mr. Stern and told him that in no way would the firm "be a party to a false declaration on your part that the immigration minister did not receive the cheque drawn on this firm’s account payable to the Public Treasury in the amount of $10,000. You and I are both aware of the fact that I delivered the cheque to Shane Gibson which I did in your presence and at your direction."

immigration Minister Shane Gibson has repeatedly denied that he accepted the cheque personally to pay for the permanent residency of Ms. Smith. Immigration authorities have said that she was granted permanent residency based on the fact that she bought a million-dollar house in The Bahamas.

Ms. Ferguson writes to Mr. Stern, "I have discussed this exchange with Michael and he is appalled that you as a lawyer would seek to twist the facts to suit your convenience even to the extent of making false statements when you deem it appropriate to do so. We are incensed at your continuing conduct of belittling me and Michael and the firm, particularly behind our back. Howard, this is improper and simple cowardice."

In an email of his own to Ms. Ferguson on that same day, Mr. Stern wrote, "In our conversation last night, we discussed that your firm had filed a deed naming Ben [Thompson] as the owner of the house without our knowledge and that you realized that you were in conflict and had to withdraw because of your firm’s dual representation of Anna and Ben."

{NOTE october 9th Callenders and Co.in conflict and withdraws, sometime after filing hostile action against smith}

Yesterday, Ms. Ferguson swore an affidavit in which she claimed that Mr. Thompson agreed in July to purchase Horizons from Ronald H. Kelly and the liquidator of Americas International Bank Corporation Limited, George Clifford Culmer.

The property was purchased for $900,000 in US currency and it was agreed that Callenders & Co. would act for both parties, the affidavit says. Mr. Ferguson also says Mr. Thompson informed her that he knew Ms. Smith "very well and that he trusted her." "[Mr. Thompson] further informed me that [Ms. Smith] urgently wished to relocate to The Bahamas from the United States to have her baby, that her said relocation was urgent and that she required financing to purchase her home," the affidavit says.

"[Mr. Thompson] agreed to assist [Ms. Smith] subject always to her executing security documentation in favour of [Mr. Thompson] for the total consideration that he agreed to advance to [Ms. Smith] to facilitate the purchase of the [house]."

Ms. Ferguson says at all times she was advised by Mr. Thompson that Ms. Smith agreed to sign either a promissory note and or a mortgage agreement in favour of Mr. Thompson in respect of the house in the sum of $950,000.

"I was advised that [Ms. Smith] would execute the said promissory note or a mortgage following the birth of her child," the affidavit says. "It was always my understanding that [Ms. Smith] would eventually own the [house] but that her ownership was made expressly subject to her execution of and the repayment of either a note or a mortgage in favour of [Mr. Thompson.]"

Ms. Ferguson says that on August 9, 2006 a conveyance of the house was executed in favour of Mr. Thompson.

She says the conveyance to Mr. Thompson was neither stamped nor recorded at the Registry of Records.

Ms. Ferguson further swears that the conveyance was never in fact delivered by Mr. Thompson to Ms. Smith and it was held in an escrow by Callenders & Co. pending the execution and delivery of a mortgage of Horizons in favour of Mr. Thompson.

She claims that Ms. Smith has never seen nor received the original conveyance.

"Following the birth of her newborn daughter and subsequent to the tragic death of her son Daniel Smith we, Michael R. Scott and I, informed [Ms. Smith] that until she executed either a mortgage or a promissory note in favour of [Mr. Thompson] in the sum of $950,000 that the said conveyance would not be stamped and recorded…" the affidavit says.

Ms. Ferguson says until Ms. Smith executed the mortgage in favour of Mr. Thompson, she held the property upon trust for Mr. Thompson.

"[Ms. Smith] having acknowledged to me [and to Mr. Thompson so I am advised] her status as borrower and her indebtedness to [Mr. Thompson] she subsequently and without any legitimate reason or explanation repudiated the loan agreement and refused to sign either a promissory note or a mortgage," the affidavit says.

"In fact [Ms. Smith] tore up the promissory note taken by me for her to sign. Instead [Ms. Smith] claimed that the house was a gift from [Mr. Thompson]. I am fully aware that [the house] was never intended to be a gift to [Ms. Smith] at all."

21st December New Documents Filed In Anna Nicole Residency Dispute By Candia Dames hxxp://www.jonesbahamas.com/?c=45&a=10961 http://www.webcitation.org/5MrOzodcR

^[9]

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"Callenders does not agree that it was obliged to advise the Department of Immigration that Ms. Marshall had agreed to execute a mortgage in favour of Mr. Thompson as security for the monies advanced by him to pay for the house, Referring to the relationship that existed between Ms. Marshall on the one hand and Mr. Thompson and his son-in-law Ford Shelley on the other, the law firm said that there was a spirit of mutual trust..."This firm did not give the Department of Immigration a copy of the conveyance. It is for the Minister to say how the Department of Immigration, for which he is responsible obtained possession of a copy of the conveyance," the statement said....

On Wednesday night, under the privilege of the House of Assembly, Minister Gibson called the law firm’s integrity into question claiming that it had misled the Department of Immigration.He also went a step further and urged attorneys Michael Scott and Tracey Ferguson to resign.The minister tabled documents relevant to the Smith application and also questioned why Mr. Thompson would witness a sales agreement when there was an outstanding mortgage. 3rd November Law Firm On Defensive By Tameka Lundy hxxp://www.jonesbahamas.com/?c=45&a=10459

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

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Speaking to reporters at the British Colonial Hilton Hotel, Mr. Thompson said Ms. Smith never paid a nickel on the house, and he wants her evicted. "All the money to facilitate the purchase of the house came from us. She does not have a penny in that house...He said he was shocked to find out that Ms. Smith would make claims that the home was a gift and in fact felt as if he was double crossed by her...Emerick Knowles, Mr. Thompson’s new counsel who is a senior partner at Alexiou Knowles and Co.,attorneys at Callenders and Co. could be called as witnesses if the matter goes to court. Therefore, he said they cannot sit as counsels..."After looking at the papers we are convinced that Mr. Thompson has a claim for possession of the property to require (Ms. Smith) to vacate the property for trespass and we also have a claim for slander of title. The actions of her attorney, Wayne Munroe on the (Love 97) broadcast on Tuesday damaged Mr. Thompson’s title and we intend to make a claim in respect of that,"...During the press conference, Mr. Thompson’s son-in-law, Ford Shelley, explained details he said led up to the purchase of the Horizons mansion.He claimed that while Ms. Smith is still considered a friend of the family the house she resides in belongs to his father-in-law, Mr. Thompson."This is not a very pleasant moment for us; we don’t want to be here today, but based on what has happened we have to defend ourselves," "We helped facilitate the purchase of the home on the Eastern Road. My father-in-law and I did. We came over and found the house and she asked us to assist her as far as the purchase and we did. We purchased the home and prior to signing the agreement for purchase we had instructed Callenders and Co. that they needed to get a note and mortgage signed prior to recording the deed in her name," Mr. Shelley said.

"We did not want to have her sign the note and mortgage before her attorney Howard K Stern could be here to witness it to make sure it was to his satisfaction. Because we trusted and love her, to get it signed was not a matter that we were concerned with at the time because the deed was held in trust. It was not recorded and Anna was going through a rough time with her pregnancy and we didn’t feel like putting pressure on her." {but that didn't stop us from waving papers over her son's corpse }

According to Mr. Shelley, after Ms. Smith’s son, Daniel Smith, died in The Bahamas in September, he and his family flew back to The Bahamas and after a few days he requested that Ms. Smith sign the note and mortgage so that the deed could be recorded in her name. "I instructed Callenders and Co. to get this done for her protection so that her residency could be finalized in The Bahamas. I was present at the house when the immigration officer conducted the interview for her to get her residency. I never knew this would happen so when she said (told the immigration officer) that she had purchased the home we did not question her because we knew she would have signed the note and mortgage like she said she would," Mr. Shelly claimed.

However, he said that the tables turned after Ms. Smith refused to sign and claimed that the house was a gift.

"To say that this home was a gift or to say she owns the house is not correct. The deed was conveyed in her name, but it was not a recorded deed. It was given to her because she needed utilities to be cut on," Mr. Shelley claimed. {compare to quote above Ms. Ferguson further swears that the conveyance was never in fact delivered by Mr. Thompson to Ms. Smith } "We had numerous conversations and I have e-mail correspondents up until the 27th (of October) where she in her e-mails stated that she would start making payments.He said he has e-mails dating from late September up until October, stating that she would make payments. according to his son in law profesional real estate developer G B Thomson gave ANS the signed deed conveying the million property to her without recording a loan aggrement because "she need utilities turned on 3rd November Developer To Sue In Anna Nicole Controversy By Bianca Symonette hxxp://www.jonesbahamas.com/?c=45&a=10462

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

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Question of fact: was Wecht hired by Callenders and Co Thompson’s suggestion after "[Ms. Smith] tore up the promissory note taken by me for her to sign"

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Wayne Munroe, her lawyer, disclosed on Tuesday that she is suing South Carolina-based developer G. Ben Thompson, who claims to be the owner of the million-dollar oceanfront Eastern Road mansion where Ms Smith is staying. "We have sued him. We have issued a writ against him for a declaration that she is the owner, and any subsequent conveyance to him is void,""So he will have to produce his documents. It will not be a matter of simply talking in the press"

Mr. Munroe claims to have correspondence from Callenders and Co. who represented the vendor – Clifford Culmer, the liquidator of Americanas Bank – and Ms. Smith in the purchase.

"We have a copy of the conveyance. We have a copy of the agreement for sale, where Anna Nicole’s signature as the purchaser is witnessed by G. Ben Thompson, the man who I now understand is trying to say that he is the actual owner," he said...."I don’t know where people come from with these allegations. I would hope that they have some sort of documentation to back up what they say."...Mr. Munroe said that there is "nothing at all in writing" in the documents he has relating to the sale of the Horizons residence that says Ms. Smith undertook to take out a mortgage to pay Mr. Thompson back.

"Nope, nothing at all in writing, and anyone who is a lawyer or layman knows that there is something called the Statutes of Fraud in The Bahamas that says that when you’re dealing with real property it has to be in writing so it cannot boil down to a he said, she said," Appearing on the Love 97 talk show "Issues of the Day" on Tuesday, Mr. Munroe addressed the question of the deadline Mr. Thompson gave for Ms. Smith to vacate the Horizons residence by October 31.

Well, he sent a letter, and we have a saying in The Bahamas that paper does not move, you can write whatever you wish to write on it. He has a serious case to answer in the Supreme Court of The Bahamas, and with this good woman, a lot of people seem to think that by going to the press and saying things, that she will comply with their desires," he said.

"He will be yet somebody else to discover that she will not comply with his desires."

Mr. Munroe also announced on Tuesday that he would sue Callenders and Company – which formerly represented Ms. Smith in conjunction with Mr. Munroe – based on statements that have appeared in press reports that may have originated at the law firm.

Mr. Scott, who also appeared on the show, was reluctant to disclose much, as he expected to be sued by Mr. Munroe.

"There is an agreement for sale and that was subsequent to a heads of agreement between Mr. Thompson and the intending vendors."

Pressed to say whether or not Ms. Smith owned the home, Mr. Scott said "her ownership was subject to a mortgage which was to be entered into or given by her to Ben Thompson."

Mr. Munroe expanded on the disclosure that he has been instructed by Ms. Smith to write to Callenders and Co., her erstwhile lawyers, and determine whether or not they deny that they are the source of the material that has appeared in the press recently. He referred to the press reports that Mr. Thompson owns the house, and the questions swirling around Ms. Smith’s permanent residency application. Sources have insisted that she does not own the house and therefore does not qualify for permanent residency in the manner both Immigration Minister Shane Gibson and Prime Minister Perry Christie have insisted that she does.

According to Mr. Munroe, these reports and others raised concerns.

"Because if (Callenders and Co.) are the source of some of the material it may give rise to a claim for breach of attorney-client privilege; it may give rise to a claim for conflict of interest and breach of the duty owed by a lawyer to his client, and it might give rise to claims for breach of contract," Mr. Munroe said.

1st November Anna Nicole Fights For Bahamas House By Quincy Parker

hxxp://www.jonesbahamas.com/?c=45&a=10432 http://www.webcitation.org/5MrPSRnbg

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Minister of Labour and Immigration Shane Gibson misled the prime minister and the country over the Anna Nicole Smith permanent residency matter, according to lawyer Michael Scott, who said the minister should do the honourable thing and resign.

Mr. Scott made that assertion to the Journal after asserting that Anna Nicole Smith does not own a home in The Bahamas, or at least not the million-dollar Eastern Road waterfront mansion she was staying in called "Horizons."

Director of the Department of Immigration Vernon Burrows said that Ms. Smith – whose real name is Vicky Lynn Hogan Marshall – is a legal permanent resident.

"As far as the Department of Immigration is concerned, she is the owner of the house," Mr. Burrows said. "We have received no evidence otherwise."

Minister Gibson told the House of Assembly last week that the department’s file included a conveyance granting title of the house to Ms. Smith, from the law firm of Callenders and Company, where Mr. Scott is a partner.

Mr. Scott explained that the documentation the Department of Immigration relied on to make the determination of status for Ms. Smith was "incomplete."...the agreement between Mr. Thompson and Ms. Smith called for her to execute a mortgage to pay Mr. Thompson back the million dollars he paid for the residence.

According to Mr. Scott, she refused to do so after being asked on at least four occasions to honour the agreement, leading to potentially serious consequences for her.

"Once she refused to execute the mortgage, I could no longer represent her," Mr. Scott said, finally explaining explicitly why he stopped representing Ms. Smith, "because my primary client is Ben Thompson."

Mr. Scott took issue with the minister seeking to lay the blame for any misconduct or impropriety in this increasingly contentious matter at the feet of the law firm.

"He is trying to transfer blame to us for something his department failed to do," Mr. Scott said, indicating that the Department of Immigration ought to have had supporting documentation.

Mr. Scott insisted that the department would not be able to produce any documentation in which they ask for proof of ownership of the Horizons residence.

According to Mr. Scott, the money for the house came from South Carolina real estate developer G. Ben Thompson, who pre-dates Anna Nicole Smith as his client. He said that Mr. Thompson bought the house, but at the last minute decided to transfer the title to Ms. Smith in order to assist her.

He said he had seen evidence that Ms. Smith acknowledged the debt.

Mr. Scott said that she had been asked for the money on four occasions, and after the last refusal to pay, Mr. Thompson appears to have had enough.

"He instructed me to cancel the conveyance in escrow, and to prepare a fresh conveyance in his name, which has been done, and stamped," he said.

So, while Ms. Smith may have appeared to own the home, Mr. Scott contends that she never did, and that she does not now.

On the question of the conflict of interest suggestions raised by observers who note that Callenders has represented both Ms. Smith and Mr. Thompson, Mr. Scott explained that he was representing Mr. Thompson in the purchase of the home, and Ms. Smith came into the matter later.

He said that he had been asked by Mr. Thompson and an associate, both of whom were friends of Ms. Smith, to act on her behalf after the tragic sudden death of her 20-year-old son Daniel.

30th October Attorney Says Immigration Minister Should Resign By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=10401

http://www.webcitation.org/5MrPdtQw8

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Anna Nicole Smith permanent residency controversy attorney insisting that the Immigration minister had personally collected a cheque to pay for her application,

the prime minister appeared angered that newspapers had run that allegation.

Addressing the issue while speaking at the opening of a government built subdivision, he said, "You can’t have in the front page of newspapers that my minister picked up a cheque when it’s a lie, an outrageous lie."

Minister Gibson also branded that allegation "a vicious lie."

But over the weekend, Michael Scott, the former attorney of the controversial American celebrity insisted, "There is no question that (Minister Gibson personally) received the cheque on September 20 at about 7pm at the Horizons residence." The FNM said both the prime minister and the minister have yet to explain how they could come to the conclusion that Ms. Smith was a fit and proper person to be given such a privileged status in The Bahamas in the first place.

"By no stretch of the imagination does she qualify to be categorized as an investor and the description of her as a celebrity does grave injury to that word," the party said in its statement.

"Now we know that the house which figured in the approval of her application is not owned by her, that she never put down money to buy it, that she wanted the house as a gift, that she refused to sign a mortgage so she could get the conveyance, and that the conveyance though signed and sealed was not delivered."

Although the FNM continued to insist over the weekend that the Bahamian people were deceived over this particular matter, Director of Immigration Vernon Burrows told The Bahama Journal that, "as far as Immigration is concerned, [Ms. Smith] is a permanent resident of The Bahamas, having gained it through home ownership."

30th October FNM Pressures Gibson Over Residency Controversy By Candia Dames

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American celebrity Anna Nicole Smith plans to sue attorney Michael Scott and Callender’s and Co., charging that they breached attorney client privilege and were involved in a conflict of interest situation, The Bahama Journal has learnt.

Mr. Scott and the law firm formerly represented Ms. Smith, who is at the heart of brewing controversy surrounding the approval of her permanent residency application.

He is also the attorney for G. Ben Thompson, the foreign developer who claims to own the Eastern Road house where Ms. Smith is staying. Mr. Thompson has asked Ms. Smith to leave the home by today.

Wayne Munroe, who represents Ms. Smith, said last night he will be writing to Callender’s on behalf of Ms. Smith for an explanation over certain statements that appeared in the press.

He is also seeking explanation on certain correspondence forwarded to the Immigration Department from the law firm.

hxxp://www.jonesbahamas.com/?c=45&a=10415 31st October Anna Nicole To Sue Lawyers By Quincy Parker

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

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An investigation into claims that American reality TV star Anna Nicole Smith does not own her Eastern Road home and faces eviction has revealed otherwise, according to Immigration Minister Shane Gibson.

Referring to the Department of Immigration’s file on Vicky Lynn Hogan Marshall – Ms. Smith’s real name – Minister Gibson told members of the House of Assembly on Wednesday night that thus far, it has been revealed that the former Playboy playmate had "unconditionally" purchased a $1 million home in New Providence.

"The file also contains a notarized copy of a conveyance prepared by Callenders & Co., executed by George Clifford Culmer, liquidator; and Ronald H. Kelly, transferring ownership of the property in question to Vicky Lynn Marshall," Minister Gibson said.

"The file further reveals that the $10,000 permanent residence fee was paid by a cheque drawn on the account of Callenders & Co. The law firm has since advised that at the time of the application, the conveyance on file was executed in favour of Vicky Lynn Marshall."

Minister Gibson further claimed that Callenders & Co. not only represented Ms Smith, but at the time, also Mr. Culmer.

According to the minister, Callenders & Co. now purports to represent Mr. Culmer as well as Gaither Ben Thompson, a South Carolina-based real estate developer.

Mr. Thompson, whom Ms. Smith reportedly had a brief relationship with last year, claims to be the actual owner of Horizons – the Eastern Road waterfront mansion where the Trimspa model is staying.

Mr. Thompson wants her out of the house by the end of the month. He has otherwise threatened to begin formal eviction proceedings.

The law in the Bahamas states that a person owning a house valued at more than $500,000 and having the means to reside without being employed – and being of good character – is eligible for residency. If it is found that Ms. Smith does not own the house, this could affect her permanent residency status here in The Bahamas

"The investigation now underway by the Department of Immigration has yet to uncover any evidence that the Central Bank of The Bahamas or the National Economic Council granted any approval or if indeed there was any request as provided for under the law for Mr. Ben Thompson, a foreigner, to hold a mortgage on property in The Bahamas as has been publicly alleged," Minister Gibson said.

27th October Minister Seeks To Clear Air On Anna Nicole Controversy By Macushla N. Pinder hxxp://www.jonesbahamas.com/?c=45&a=10383

http://www.webcitation.org/5MrPu2pOr

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The day after Anna Nicole Smith buried her son Daniel, a letter was hand-delivered to her house in the Bahamas ordering her to leave the residence by Oct. 31, PEOPLE has learned.

G. Ben Thompson, a Myrtle Beach, S.C., developer, says he owns the property in New Providence where Smith has been staying. He says he purchased the house for a bit less than $1 million in August as a favor to Smith, whom he befriended after he met her through neighbors in mid-2005.

Smith was then supposed to sign a mortgage to buy the house from him, he says, but she has refused to do so. "She said it was a gift," Thompson tells PEOPLE. "I never said that. I don't have that kind of money.

Thompson says, he will pursue a formal eviction. "I don't want to embarrass her or humiliate Anna," he says. "I just need my money, or collateral, back."

The possible eviction begs the question of whether Smith, who applied for residency based on home ownership, will have to leave the country.

Anna Nicole Ordered to Move Out

MONDAY OCTOBER 23, 2006 03:30 PM EDT

By Rob Howe hxxp://www.people.com/people/article/0,26334,1549601,00.html

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Michael Scott said he was unsettled by Smith's decision to exchange vows with her boyfriend even before she made funeral arrangements for Daniel Smith, her 20-year-old son who died Sept. 10."A disagreement on a commercial transaction made it difficult for us to remain as counsel," Scott told The Associated Press over the phone.

Scott, who was also the lawyer for Daniel Smith's estate, said he decided to withdraw effective Tuesday after consulting with his partners. He said he has notified Anna Nicole Smith in writing.

"It was not really an amicable parting," said Scott, reached on his cell phone in Florida.

There were "strong differences of opinion between myself and Howard over strategies," said Scott, who declined to elaborate, citing attorney-client privilege.

Oct. 11, 2006 (CBS/AP) Anna Nicole's Bahamas Attorney Quits Michael Scott Cites Disagreements On Matters Of Strategy, Concerns About Her Conduct hxxp://www.showbuzz.cbsnews.com/stories/2006/10/11/people_hot_water/main2082770.shtml

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Just days after saying foul play was not suspected, medical experts now believe Daniel Smith's death is "suspicious" and could lead to criminal charges.

Bradley Neely, the chief inspector of the Bahamas coroner's office confirmed: "Whenever there is a suspicious death we would have an inquest to determine how the person died."

Daniel, 20, was found dead on a chair while visiting his mother in hospital in the Bahamas on Sunday (10.09.06), three days after she gave birth to his baby sister.

Meanwhile, a lawyer for Anna Nicole has revealed she is so traumatised by the tragedy she can't remember what happened.

In a statement released on Wednesday (13.09.06), Michael Scott said: "The devastation and grief over Daniel's sudden death coupled with the sedation has been so extreme that Anna Nicole experienced memory loss of the event.

"She was so distraught at the loss of Daniel that she refused to leave his side, and it was necessary to sedate her in order to check her out of the hospital."

He added: "Anna Nicole is still in the country and is in seclusion with her family and friends."

UPI 2006/09/14 Daniel Smith's death suspicious hxxp://www.askmen.com/gossip/anna-nicole-smith/daniel-smith-death-suspicious.html

^[5]

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NASSAU, Bahamas (AP) -- The handling of the death of former reality TV star Anna Nicole Smith's son has touched off a scandal in the image-conscious Bahamas, with an outspoken coroner reassigned and some worrying the media frenzy could damage the vital tourist industry.

As rumors swirled about 20-year-old Daniel Smith's death at his mother's hospital bedside, head coroner Linda Virgill last week labeled the case "suspicious" and called for an inquest that could lead to criminal charges.

The air of mystery began to lift this week, however, as judicial officials removed Virgill from the case, citing unspecified remarks she made to the media. Authorities said tests could show Smith died of natural causes _ meaning no inquest would be needed.

"We are all aware of what happened in Aruba," Michael Scott, a Bahamian attorney for Anna Nicole Smith, !!!! said on Thursday. "We don't want that to happen in this jurisdiction."

Smith Death Sparks Scandal in Bahamas

Sep 22 4:34 PM US/Eastern By MICHAEL MELIA Associated Press Writer hxxp://www.breitbart.com/news/2006/09/22/D8KA4HQG0.html

^[5]

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Smith ordered the follow-up autopsy to end “media speculation surrounding the matter,” said her Bahamian attorney, Michael Scott. Scott said Smith was not prepared to speak with the media.“She is depressed and she’s at home, and remember that she’s got a new child that she’s looking after,” he said.

Expert: Smith's son treated for depression

Sept 18, 2006 NASSAU, Bahamas Associated Press hxxp://www.msnbc.msn.com/id/14891955/

^[5]

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death certificate lists the cause as “pending chemical analysis,” “It is not unusual in instances where the cause of death cannot be determined to issue a death certificate,” Gomez told The Associated Press. “This is not a matter of special treatment being given in this particular case.”

Scott also said Thursday that Smith, 38, planned to file documents registering the birth of her 2-week-old daughter, but he declined to reveal the girl’s name. He added that Anna Nicole Smith has been granted permanent residency in the Bahamas, where she came to avoid media scrutiny during her pregnancy.

She is gradually recovering from the death of her 20-year-old son, he said.

“She’s much better,” he told the AP. “You never get over that, you get through it. Time is the catalyst for that.”

Scott criticized the Bahamas' head coroner, Linda Virgill, for labeling the death "suspicious" last week and saying that her office knew the cause of death before toxicology tests were complete.

"Unless she's psychic or God, unless the pathologists know the cause of death, how does she?" said Scott, adding that some in the Bahamas worried the highly publicized case was affecting the island chain's image.

"We are all aware of what happened in Aruba. We are all aware of what happened to Natalee Holloway," he said, referring to the high-profile disappearance last year of an Alabama teen. "We don't want that to happen in this jurisdiction."

Authorities issue death certificate for Anna Nicole Smith's son

AP Sept 21, 2006 NASSAU, Bahamas hxxp://www.courttv.com/people/2006/0921/anna_nicole_smith2_ap.html

^[5]

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According to Chief Justice Sir Burton Hall, it was always the intention to scrap the exclusive Coroner’s Court, although he acknowledged that Chief Coroner Linda Virgill’s impromptu press conference in September did influence the timing.

Shortly after the sudden death of 20-year-old Daniel Smith, son of American celebrity and Bahamas permanent resident Anna Nicole Smith, members of the local and international press questioned Ms. Virgill at her Royal Victoria Gardens office.

She answered those questions, insisting that she knew the cause of death and that the death was being treated as suspicious.

Within a week, Sir Burton had circulated a memo dismantling the Coroner’s Court with immediate effect and without explanation. The chief justice maintained his silence about the decision, which meant that as of September 18, every magistrate in the pool was mandated to hear coroners’ matters. The Journal asked Sir Burton recently whether the Chief Coroner’s remarks to the press precipitated his decision.

"I’m reluctant to give a short answer to that question. I’m not going to pretend that that was not a matter of concern, but that was not the only consideration. Unfortunately, the way in which that particular matter was played out in the press made it difficult for everybody concerned," he said.

He told the Journal that it was always the intention to return to the pre-1993 practice in terms of how coroners’ work was assigned, and insisted that this is the consensus of all the magistrates and all the judges.

"Whereas there may have been a buildup of purely coroner’s matters in 1993, that problem was essentially resolved, and indeed the last magistrate who’d been assigned as the coroner, Mr. [William] Campbell, had about three or four years ago reported to me that the purely coroner’s work was not sufficient to keep him occupied as a coroner and he wanted to be assigned other work,"

"So the necessity, whatever the necessity was in 1993, had in recent years resolved itself."

There are matters in the Coroner’s Court that date back decades, as far as 1969, that have yet to be begin. However, according to Sir Burton, it was merely a matter of time before the designation of an exclusive coroner was "done away with."

8th January Sir Burton Sheds More Light On Change In Coroner’s Court By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=11092

http://www.webcitation.org/5MrQ4EfZR

^[16]

[edit] 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

^[17]

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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

^[18]

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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

^[19]

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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

^[20]

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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

^[21] Howard K. Stern has sex with dogs.

[edit] 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

[edit] References