Tuesday, September 28, 2010

High court will reconsider Anna Nicole Smith case (AP)

WASHINGTON � The Supreme Court will hear an appeal from the estate of Anna Nicole Smith in a bitter, 15-year battle over the fortune of the elderly Texas billionaire whom Smith married in the mid-1990s.

The justices on Tuesday agreed to reconsider an appeals court ruling against Smith's estate.

The will of Smith's husband, J. Howard Marshall, left nearly all his money to his son, E. Pierce Marshall, and nothing to Smith. The younger Marshall died in 2006 and Smith died of a drug overdose in 2008.

Smith's estate challenged the will, claiming that her husband promised to leave her more than $300 million above the $7 million in cash and gifts showered on her during their 14-month marriage.



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Atlantic City considers street name for Nucky (AP)

ATLANTIC CITY, N.J. � Real-life political and rackets boss � and current posthumous TV star � Enoch "Nucky" Johnson may finally get a street named after him.

The subject of the hit HBO series "Boardwalk Empire," Johnson ruled Atlantic City during Prohibition, ensuring that vice flourished here, and the cash was spread around freely.

City Councilman Dennis Mason told The Press of Atlantic City he'll introduce a measure to rename a one-block section of Belmont Avenue � near a hotel where Johnson used to live � as "Nucky's Way."

Mason is not put off by Johnson's eventual conviction and imprisonment on tax charges.

"It was just tax evasion," Mason told the newspaper. "He didn't actually murder anyone."

Belmont Avenue runs alongside the Ritz, a high-rise condominium building that was once the Ritz-Carlton, a luxury hotel where Johnson lived and rented out the entire ninth floor.

Other high-profile visitors to the hotel included U.S. Presidents Warren G. Harding and Calvin Coolidge, and gangster Al Capone, a close pal of Nucky's.

Mason acknowledged the move is a ploy to generate more interest in Atlantic City among tourists. He said he hopes to organize an event in November in which people will don 1920s clothing and red carnations, a trademark of Johnson and the HBO character based on him, played by Steve Buscemi.

The ethical bar to getting a street named after someone in Atlantic City is not all that high. The city has already named streets for Louis Kuehnle, a city political boss in the early 20th century convicted of accepting kickbacks, and Don King, the boxing promoter who was convicted of second-degree murder before getting it downgraded to manslaughter.

Mason said Nucky held no monopoly on corruption in Atlantic City, noting a slew of recent arrests and prison terms of City Council members.

"I mean, if everybody gets real, I'm sure there are a lot more people that did something (illegal)," he said. "We have bad people in this government now."



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Father of four Seal sings about commitment

LOS ANGELES | Tue Sep 28, 2010 8:39am EDT

LOS ANGELES (Reuters) - Grammy-winning singer Seal, known for such hits as "Kiss From a Rose" and "Crazy," releases his 6th album on Tuesday called "Seal 6: Commitment."

The British performer sat down with Reuters to talk about music, being a father to four children with supermodel Heidi Klum and the new reality show the couple are about to start shooting.

Q: You titled your album "Commitment." Why?

A: "I think that commitment is the recurring theme that kept popping up. Certainly the last seven years of my life since I met my wife (Heidi Klum) have been extremely committed. But not just in our personal life. My work has a level of commitment to it. The team around me consists of people who are committed."

Q: With that commitment theme, what are the songs about?

A: "They range from relationships to searching to sacrifice to digging in the dirt. I had to do that on one or two songs. In order to write things that are going to resonate with people, you are doing to have to dig in certain places."

Q: The song, "The Way I Lie," is about dishonesty. That doesn't sound like it would be part of the "commitment" theme.

A: "I drew upon past life experiences that are not necessarily a part of my life now. But it certainly prepared me for my life right now. So therefore, it's an integral part of my life now."

Q: You and Heidi have four children. Do they figure in to any of your songs?

A: "All the time. 'Secrets,' for example. There's a chapter in that song that is directly related to our first child, Lenni. If you listen to it, you'll know which one it is. But I try not to be too specific because it takes away the ability for people to relate and make it their own."

Q: When do you write songs?

A: "I write all the time. I write when we're out at dinner. We'll be out at sushi -- my daughter loves sushi -- and there will be music going around in my head. Somebody will say something, or I'll overhear a conversation and start writing."

Q: So when inspiration strikes at dinner, you don't drop everything instantly and sequester yourself in some quiet place to write?

A: "In the old days, literally if I was out at dinner, I'd get up and go home. (But with the kids), you can't do that anymore. It's not even an option."

Q: What has fatherhood given you?



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Judge critical of prosecutors in Anna Nicole trial

LOS ANGELES | Mon Sep 27, 2010 9:49pm EDT

LOS ANGELES (Reuters) - The judge in the Anna Nicole Smith drug trial slammed prosecutors on Monday for their aggressive pursuit of convictions against three people accused of plying the actress with prescription drugs before her 2007 death.

Earlier on Monday, both sides rested their cases after a nearly two-month trial that saw prosecutors bring numerous witnesses whose testimony defense attorneys largely sought to discredit. All three defendants have pleaded not guilty.

Los Angeles Superior Court Judge Robert Perry characterized the case as a "kitchen-sink prosecution" in which numerous claims and evidence are put forth "against these defendants in the hope that something survives."

The judge's comments came as he considered dismissing or reducing some of the charges against the realty TV star's one-time boyfriend and lawyer, Howard K. Stern, and two of her doctors, Khristine Eroshevich and Sandeep Kapoor.

Closing arguments are set to begin Thursday and jury deliberations may start early next week.

Prosecutors allege Stern, Eroshevich and Kapoor conspired to funnel prescription drugs to a known addict, Smith, who died in February 2007 in Florida from an accidental drug overdose at age 39. They are not charged with directly causing her death.

Still, Perry's comments seem to underpin weeks of reports that prosecutors were having a difficult time proving their case. The judge said on Monday that many of the charges should have been misdemeanors, as opposed to the felonies that carry higher penalties.

"The prosecution had a dead celebrity and a lot of low-level misdemeanors" from which they tried to build a case for more serious crimes, Perry said.

But Deputy District Attorney Sean Carney defended prosecutors by saying their two-year investigation convinced them that felonies had been committed.

For much of the afternoon, lawyers discussed the meaning of words like "addict," "addiction" and "pain" that the judge will use when instructing the jury on deliberations.

Prosecutors have argued that the defendants unlawfully prescribed or obtained controlled substances that fueled Smith's addiction over a three-year period when she was known to be a drug addict.

Defense attorneys have countered that Smith was not an addict, but was a sufferer of chronic pain since 2000. She also battled anxiety, depression and lack of sleep.

(Editing by Bill Trott)



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MacArthur Foundation reveals 2010 'genius grants' (AP)

CHICAGO � David Simon, creator of the HBO television series "The Wire," is among 23 recipients of this year's MacArthur Foundation "genius grants" � news that left him with what he described as "a vague sense of guilt."

The $500,000 grants were announced Tuesday by the Chicago-based John D. and Catherine T. MacArthur Foundation. The money, paid quarterly over five years, comes with no strings, allowing winners unfettered freedom to pursue their creativity.

Simon's guilt stemmed from already being amply funded in an industry that's "a little bit recession-proof," he said. Still, the award's prestige will go far with network executives. While critically acclaimed, Simon's dissection of urban problems in "The Wire" and more recently "Treme" hasn't yet scored Emmys or high Nielsen ratings.

"It makes it easier to go into the room with the network and argue against doing the usual thing in television," Simon said. His next pitch? The history of the CIA since World War II and a housing desegregation fight in Yonkers are two subjects inspiring him now. "Not all these things have the best possible commercial outlook," he said.

MacArthur winners don't need to tell anyone how they'll spend the grant money. There are no reporting requirements.

"We could spend it all on cake," joked theater director David Cromer, one of this year's recipients. Cromer, known for staging American classics like "Our Town," said he wasn't ready to discuss what he may attempt with the grant's support. But he has some non-cake ideas.

"It purchases you freedom," Cromer said. "I can do things now that aren't necessarily going to generate an income."

That's exactly what the foundation has in mind. Bob Gallucci, the foundation's president, called the grants "an investment in people who have already done extraordinary things." There have been 828 MacArthur Fellows, including this year's winners.

"We're hoping not only that they'll do extraordinary things in the future, but that this fellowship will make that somewhat more likely," Gallucci said.

Jason Moran, a jazz pianist and composer, said he was elated and that the grant would fuel many of the projects that have lain dormant in his mind.

"I have already begun making minor plans on band expeditions to Senegal to study Senegalese drumming, or bringing our music down to perform in rural parts of America, or to simply create new collaborations with artists in other fields, or begin a series of recordings made on the old format of Edison wax cylinders," he said. "It's all in play now."

None of the winners is from New Orleans, but the Big Easy exerts a strong pull on the 2010 grantees. Simon's newest HBO series "Treme" is about residents of post-Katrina New Orleans. Cromer recently revived Tennessee Williams' "A Streetcar Named Desire," set in New Orleans, to great praise.

And Shannon Lee Dawdy, an anthropologist and archaeologist from the University of Chicago, has studied New Orleans since 1994. After Hurricane Katrina, she worked with the Federal Emergency Management Agency and the state of Louisiana to make sure recovery efforts respected the city's archaeological heritage.

She regrets she hasn't been able to save Holt Cemetery, a potter's field where homemade plot markers were washed away by the post-Katrina flooding.

"I would like to work with the local community to preserve living traditions and the site itself," Dawdy said, and the MacArthur grant may help. "It might mean that I'm able take things I've long wished to do, things in the 'wouldn't it be nice?' category, and make that actually happen magically."

Receiving word of the MacArthur was "like receiving a phone call from the Greek gods," Dawdy said, because "someone you can't see is pulling the strings of your fate."

Winners have no idea they've been nominated. Nominators are pledged to secrecy.

There's "nothing more fun" than informing the winners, Gallucci said. He broke the news to four grantees this year, he said, first making sure they weren't driving or holding a baby.

Subterfuge can be involved in the notification.

MacArthur winner Amir Abo-Shaeer, a public high school physics teacher in California, said he was expecting a call from a college student named Liz Brooks who was interested in his work when the foundation called to tell him about the grant.

There was no Liz Brooks. She was a creation of the foundation to get the busy teacher on the phone. "I am prepared to lie like a rug," admitted Gallucci, who notified Abo-Shaeer of the grant.

Abo-Shaeer, who left a job in industry to become a teacher, wants to train other educators about his innovative curriculum and the importance of recruiting and inspiring female students.

"Right now I teach full time. I can relieve my schedule to be a teacher trainer. If I have an idea that's exciting or interesting, I can try it," he said.

The MacArthurs have been nicknamed "genius grants," which can be problematic for winners.

Simon, the HBO producer, said his wife would like to thank the foundation for "five years of fresh material." The morning after she heard the news, Simon's wife, best-selling novelist Laura Lippman, told him, "Hey Genius, you forgot to take the trash out last night."

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AP Music Writer Nekesa Mumbi Moody contributed to this report.

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Online:

MacArthur Foundation: http://www.macfound.org



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