Archive for October, 2009

Shul Daze

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In the heart of San Fernando Valley’s Orthodox Jewish community, two men in an underground parking garage were shot in the legs at 6:20 yesterday morning as they were about to enter the Adat Yeshurun Synagogue. The assailant, who did not utter a word, was wearing a black, hooded sweatshirt.  Both victims, ages 38 and 53, are in stable condition at separate hospitals.  Security camera footage is still being reviewed by authorities.  The search continues, as local police just released a 17-year-old male suspect.

Though the attack is being categorized as a hate crime by organizations such as the Anti-Defamation League and the Council on American-Islamic Relations, Los Angeles Mayor Antonio Villaraigosa told reporters, “we are looking into every possible motive…until [the police] have concluded their investigation, none of us…should presume or speculate more about this crime, other than it was a random act of violence.”

I will update with more details as they become available.

October 30th, 2009

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ANS’ the Beginning of the End: A Nanny Delivers A High-Flying Account

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ANS’ the Beginning of the End: A Nanny Delivers A High-Flying Account

Department of Justice Investigator, Danny Santiago, took the stand yesterday to read portions of a transcribed interview he conducted with Anna Nicole Smith’s nanny Ms. Nadine Alexie.  Alexie worked overnight shifts at ANS’s Bahamas home for 3 months in late 2006.  On many occasions, she witnessed ANS refusing pills and injections from the 3rd star of this circus, Howard K. Stern (HKS), assisted by Eroshevich.  Birds of a feather do indeed flock together.

The perniciously persuasive Stern was able to overcome her objections, as he felt she needed to deaden the emotional pain brought on by her son’s death; the former Playmate would be confined to bed for days at a time due to mass amounts of narcotic ingestion, partially administered from used hypodermic needles Alexie discovered in the bathroom.  Alexie recounted, “Howard would talk her into it. [He would say], ‘If you don’t take your medication, you are going to start crying.’  Whenever she finished taking these things [Stern and Eroshevich] gave to her, she would be knocked out for a couple of days.”  During these extended periods of sedation ANS would neither eat, nor use the restroom.  When she awoke, it was commonplace for the bed to be strewn with feces and vomit.  What lovely imagery.

The nanny estimated ANS was only “sober” about 10-15 percent of the time.  Her lucid moments would come immediately before television interviews when ANS would perform cold turkey, however, once the cameras were off “…two or three days later, bam!  Back in bed.”  Stern later fired Alexie because he felt “too much information was leaking out.”  Stern’s lawyer, Steve Sadow, attempted to discredit Alexie by citing her refusal to be interviewed for the defense.  He suggested that Alexie initially claimed ANS’s actions were solely responsible for her death, but later changed her story to vilify HKS.   Lawyers are not permitted to testify pursuant to the law.

Meanwhile, Judge Perry took home a 45 minute video which prosecutor, Renee Rose, claims demonstrates how ANS was under the influence of drugs given to her by HKS.  This video was taken after a birthday party for a 10-year-old girl ANS and HKS befriended in the Bahamas.  The girl is seen imploring HKS to assist ANS in her daze.  A transcript of the interview with the girl illustrates her concern for ANS’s erratic behavior after drinking medicine from a bottle, followed by HKS giving her a pill.  Sadow objected to the tape, claiming ANS was “just acting” and “the only impression one gets is a misimpression.”  Judge Perry is expected to rule on the footage admissibility today, though he has often excluded other evidence deemed too salacious.  I invite you to stay tuned for what should be the final chapter of this preliminary hearing.

October 30th, 2009

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ANS’ the Beginning of the End: Kapoor the Klown & His Diary in the Spotlight!

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The ANS preliminary circus act is beginning to look and sound slightly derivative, but the show must go on!  Here is a recap of the last two days, with a surprise revelation.

TUESDAY
Expert witness James Gagne testified Kapoor was reckless in prescribing dangerous levels of opiates and sedatives for ANS without first performing a complete medical workup to determine what was ailing her.  Kapoor began treating ANS in 2004 after he took over her prior physician’s practice, and one of his first lapses in judgment surfaced when he prescribed the powerfully addictive opiate Dilaudid for 6 months (aptly nicknamed “hospital heroin”) after learning she had cracked two ribs.  Gagne believed she should have been given “a low level opiate for a week or two.”  Way to allow the body to heal itself, big K!  It was only when Kapoor saw the televised train wreck of her appearance on an awards show that he discontinued her dosage.

ANS refused drug counseling, and Kapoor chalked up her bizarre televised turn to a seizure, not overmedication. During cross-examination, Gagne did give Kapoor credit for admitting her drug habit might be abusive.  Almost a year and a half after the American Music Awards appearance, a pregnant ANS was hospitalized for acute drug withdrawal.  Despite the fact that the hospital psychiatrist was weaning ANS off methadone and sedatives, because of the risk they posed to the unborn child, Kapoor – on the very day she was released - decided to prescribe hundreds of sedatives and methadone over the next two months that seemed to come – according to Gagne “out of thin air.”  That’s using the old noggin’, Sandeep!  ANS and Kapoor “supposedly” had one brief encounter at a hair salon prior to her departure to the Bahamas, but the prescriptions kept on coming…

WEDNESDAY
Beware of what you write in a diary – it may come back to haunt you one day.  This watershed moment belongs to Kapoor, as salacious excerpts from his private memoirs were read aloud by Judge Perry.  Consider these telling snippets.

First, Kapoor, the self-proclaimed addict, from an entry dated November 17, 2002.  “I also need to get off the drugs. The Buspar [for anti-anxiety], Wellbutrin [for depression] have to go.  But first the Ambien [for sleep disorders] has got to go.  Oh God, it’s so addicting.  I have to get off that (expletive).”  Too bad you didn’t feel that way about your patients, SK.

Next, a lightning bolt from June 13, 2005, corroborates a prosecution talking point regarding a very revealing video (which Judge Perry viewed but decided was unnecessary) and photographs taken at a party around that time:  “I was making out with Anna, my patient, blurring the lines.  I gave her Methadone, Valium. Can she ruin me?”  Making out? Kapoor’s alleged homosexuality aside, didn’t his lawyer assert he kept his exchanges with ANS strictly professional?

According to investigator Jon Genens’ testimony, files containing ANS’ and her son Daniel’s medical records were stashed in Kapoor’s home . . . records that allegedly detail ANS’ penchant for drugs.  Other records listed under ANS’ real name, as well as Michelle Chase (one of her pseudonyms), were found in the office of Kapoor’s attorney. A note from the file found in Kapoor’s home dated, April 24, 2006, states “Benzo addition? To avoid” was not included in the so-called duplicate file at his  attorney’s office.  Hmmm . . . Another difference detailed a lesion on ANS’ left thigh discovered around the same time, but the two sets of files contain discrepancies in blood pressure, pulse and respiratory rate readings too.  Judge Perry felt that these shenanigans constitute “guilty knowledge” by Kapoor and Lady Justice nods in approval.

As the “Big Top” proceedings continue, Lady Justice will be on the scene to bring you more while the Circus is in town.

October 29th, 2009

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GO, FIGHTIN’ PHILS!

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This might not be a popular sentiment, but I’m rooting for the Philadelphia Phillies to prevail in the World Series, their 7th appearance. By contrast, the Yankees have been to the “Big Show” 40 times in their illustrious career; besides, I’m a proponent of siding with the underdog. My sentiments are also fueled by unwarranted jabs in the New York Post  before Game 1:

http://www.nypost.com/p/news/local/the_frillies_are_coming_to_town_mnrbqD4sqsEKH10TfB3k6H
GO, FIGHTIN’ PHILS! Take it in Game 2 as you did in fine fashion last night!

October 29th, 2009

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ANS’ The Beginning of the End: Just Say “Yes” To Drugs

Posted by Janice | Permalink | 6 Comments | Add a comment

The following continues my summary of preliminary hearing testimony in the criminal case against Howard K. Stern and two doctors.  See more details here \”Three Ring Circus\”.

FRIDAY:
Next to take the witness stand was Ms. Jennifer Doss, a special agent with the California Department of Justice, Pharmaceutical Task Force.  She presented evidence that pseudonyms, coupled with a variety of doctors, pharmacies and associates, including Howard K. Stern (”HKS”), were utilized to procure prescriptions for Anna Nicole Smith (”ANS”).  She further corroborated her testimony with Homeland Security Agent Kenneth Krause’s report which documents multiple trips taken by defendants HKS and Eroshevich from California to the Bahamas. Special Agent Doss successfully tied in the transport of certain pharmaceuticals as well, including Demerol, Dalmane, Lorazepam and methadone – empty bottles of some of these drugs were later found in Eroshevich’s home.

During cross-examination, HKS lawyer Steve Sadow attempted to show some of these medications were meant to treat HKS’ back problems - stemming from Botox injections.  Seriously?  Demerol for a back injection?  Is it possible HKS got botox in his back solely to get drugs for ANS-is it possible he attempted to defraud the doctor?  Hmmm…I wonder.

MONDAY:
Expert witness, Dr. Timothy Botello testified both via live testimony and through evidence submitted in a report commissioned by the California Bureau of Narcotic Enforcement as follows:  there are at least five instances between 2003 and ANS’ death in 2007, where Eroshevich over-prescribed Valium, Vicodin and other drugs. This abundance of medication represented what he described as an “extreme departure” from the normal standard of care, and that [Eroshevich] knew or should have known [ANS] had an addiction problem.”

Dr. Botello also presented a stark piece of evidence dating back to 2006 when ANS was pregnant with Danielynn: Eroshevich prescribed 3 different sedatives to be taken at overlapping intervals, despite the fact that ANS was admitted to both the Betty Ford Rehab Center and Cedar Sinai for addiction.  Botello testified that defendant Eroshevich should have prudently administered the “lowest amount of drugs” possible, and only after consulting with a pain management team.  He found no “legitimate medical purpose for prescribing all three [sedatives] throughout the day.”

Judge Perry stated prosecutors have “put on a rather compelling case of excessive prescribing” by Eroshevich.  Compelling is a pretty strong word for the Judge to use, and it suggests that this case will indeed go to trial as I suspected from the beginning.  Next up is a computer forensics expert.  This is getting exciting…Stay tuned while I continue to nourish my guilty pleasure of tracking this three ring circus case!

Lady Justice is consulting with a sword sharpening expert and could not be reached for comment.

October 27th, 2009

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