UPDATE: Today the three defendants, accompanied by almost a dozen attorneys, appeared before Los Angeles Superior Court, Commissioner Kristi Lousteau, to be arraigned on six felony charges each. They each pled not guilty. Defendant, Howard K. Stern, 40, was represented by three attorneys, J. Christopher Smith, Steven H. Sadow, and M. Krista Barth. Sadow and Barth, interestingly, are NOT licensed California attorneys according to the State Bar’s website as of today, yet were practicing law by appearing before the court. Isn’t that also a crime? Were these foreign attorneys admitted pro hac vice in this case? This reminds me of Barry Scheck who appeared in the O.J. Simpson trial without being licensed to practice law in California. Defendant Kristine Eroshevich, 61, was represented by Adam H. Braun, and was also accompanied by John J. Nazarian, Private Investigator. Defendant Doctor Sandeep A. Kapoor, 40, was represented by Ellyn S. Garofalo. The case has been moved Department 102, with a hearing set for June 08, 2009, and the preliminary hearing alone is expected to last two weeks.
The Commissioner granted prosecutor Renee Rose’s motions: 1) handwriting exemplars from each defendant to determine, among other things, who ordered and filled the prescription drugs which killed Smith; and, 2) a protective order against dissemination of discovery (about 1,400 pages already) to protect privacy.
I was compelled by the spectacle outside the criminal courthouse. Stern’s attorney, Steven H. Sadow, was delivering another tired manifesto against Jerry Brown in an attempt to shift focus away from the serious nature of this case. Several media correspondents shouted, “Why can’t Stern speak for himself?” and “Is Howard gonna go to rehab?” After Sadow finished, self-proclaimed former Smith hairstylist, Daniel DiCriscio, made heartfelt comments about her demise to anyone within earshot, while attorney and HKS companion, Ronald Alan Rale, acted seemingly chummy with a couple of media outlets. It should be noted that Rale is named second in ANS’s will as executor of her estate. As such, he is entitled to 6% of its worth, should HKS be deemed unavailable to assume executorial duties while he is incarcerated.
Quite disconcerting was the lighthearted demeanor of HKS, this circus’ ringleader, in the moments just before the Commissioner called the case to order. Is such demeanor appropriate for someone accused of facilitating the death of one’s ceremonial wife? Kapoor, by comparison, looked serious and concerned while seated next to his attorney, Ellyn S. Garofalo. Perhaps he has a prophetic inkling of what Lady Justice has in store for these three defendants.
May 13th, 2009
Posted in Uncategorized
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