Ok, you may need a cup of coffee to follow this one so pay attention. According to police, Texas personal injury attorney Jeffrey Stern (left) was having an affair with Michele Cabrera Gaiser (right below) and wanted to get rid of his wife, Yvonne Stern. So Stern and Gaiser allegedly solicited Nhut Nguyen to shoot Yvonne. Yvonne was shot in the stomach on May 5, 2010 but survived and filed for divorce — citing adultery. Later, however, Yvonne reconciled with Jeffrey Stern, who is currently charged with soliciting her murder and she is now suing Gaiser in tort. Got that?
Yvonne was previously the target in an unsuccessful drive-by shooting.
Michelle Cabrera Gaiser pleaded guilty to solicitation of murder with the understanding that she would cooperate against Stern in his trial and that she would receive no more than a 25 year sentence. Another man Damian Ricardo Flores was charged in the conspiracy and was able to secure a hung jury (and will now face retrial). Nhut Nguyen was convicted of aggravated assault and sentenced to 45 years.
Jeffrey Stern is next with a solicitation of capital murder, but Yvonne is suing Gaiser. Gaiser’s attorney has alleged that, since his client has no money and is serving jail time, the lawsuit is designed to simply force the disclosure of what Gaiser will say at the trial of Yvonne’s husband. That raises an interesting question. The lawsuit may indeed be tactical. If so, it would be an unethical reason to file an action. However, it is a perfectly valid action in tort. After all, Yvonne was injured and has every right to sue. I am not sure that, absent an express statement that this is an effort to gain discovery on a criminal case, a court could pursue such an allegation. What the court can do is hold discovery until after the criminal trial which is only a few weeks away.
What is clear from the lawsuit is that Yvonne stands by her man and portrays Gaiser as living a fantasy about her husband’s desire to get rid of her. The civil complaint reads like the script of “Fatal Attraction,” portraying Gaiser as living with an “unfounded delusion” and was “[a]cting out on her fantasy.”
The defense team for Jeffrey Stern (Paul Nugent and Heather Peterson) sent the ABA Journal the following statement:
“Mrs. Stern acted independently in suing Michelle Gaiser for medical expenses and emotional distress. With only a bit more than four weeks before trial, this is by no means a ‘back door way for Jeffrey Stern’s lawyers to find out what Gaiser knows before his pending trial.’ This civil lawsuit is not part of the defense strategy. Yvonne Stern is a strong and independent woman acting to protect her family, marriage and children.”
Source: as first seen on ABA Journal
Woosty –
Amen to that.
Dredd “Like Hormuz baby.”
What, not link to your blog?
PatricParamedic1, March 12, 2012 at 12:55 pm
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I agree, I would add that most of what is expected of medical personnel in practice, especially these days, is absolutely ‘unreasonable’ . The risk far outweighs the return….and yet in our society the need is obvious and essential.
Dredd’s response included the quote:
“Probably 98 percent of your reasoning is unconscious – what your brain is doing behind the scenes.”
No question. But,
“Reason is inherently emotional. You can’t even choose a goal, much less form a plan and carry it out, without a sense that it will satisfy you, not disgust you.”
In my view, this argument is inherently flawed, in that it ignores those who are disciplined enough to act selflessly, even when it does not benefit them personally.
In my little part of the medical Twilight Zone, we both “plan and carry out” efforts that are the very definition of disgusting.
But as far as the collective “dementia accelerating as fast as ice melting at the poles” – I just don’t see how anyone can argue with that.
AY, “It was nice yesterday….. Except for bdaman jacking a thread…… No one took personal shots at anyone…… Amazing what a new day brings…..”
as I said before, someday you’ll get it right…(Woos-T-y…) till then I UNDERSTAND THAT you are maybe dyslexic? or don’t even know when you are being slightful? either way, yes, I had a nice day yesterday too…
Gotcha Woosty….. Gotcha….kinda like rooster is to Worcester, MA……
http://abcnews.go.com/GMA/video/houston-murder-hire-trial-mistress-testifies-14864212
My comment is, the wife is suing the girlfriend for emotional stress.
Where did the girlfriend get the $500,000 she supposingly has?
If you follow the case, and know what the prosecutors know, both the girlfriend and Jeffrey were doing illegal things making money. IS Mrs Stern ready to deal with that part of the trial when that can of worms is opened?
Wow. What would convince this victim/wife to take her husband back? Both women in these cases need some help. The husband should be sent to jail with the key thrown out.. Did they reconcile in order that she could collect life insurance on the husband in case he dies in jail?
Wootsy….
Imitation is indeed the highest form of flattery….. Now, if it flatulence….. You’re not close so it’s not a concern of mine….. Enjoy….. It was nice yesterday….. Except for bdaman jacking a thread…… No one took personal shots at anyone…… Amazing what a new day brings…..
Woosty’s still a Cat 1, March 12, 2012 at 9:50 am
Dredd, I stole your kitty picture for my blogiary….
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Cool.
Frankly 1, March 12, 2012 at 9:43 am
Can the wife be committed for her own safety? Seems like Stockholm syndrome is a possibility.
And Dredd, you’re slipping of the two links you provide only one goes to your blog. Do you really drive traffic there through this constant blog whoring?
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Did you recently work for Rush Limbaugh? Get laid off when the advertisers jumped ship?
I would suggest expanding your meme pool, it is a tad narrow at the moment.
Like Hormuz baby.
Swarthmore mom1, March 12, 2012 at 9:58 am
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well, THAT explains it…..
and a great big ewwwwwww…………..
http://houston.culturemap.com/newsdetail/03-09-12-still-standing-by-her-man-the-real-reason-the-bellaire-socialite-is-suing-her-husbands-mistress/
Dredd, I stole your kitty picture for my blogiary….
…or, for all those ‘grass is greener’ sorts…. then off you go here….
Can the wife be committed for her own safety? Seems like Stockholm syndrome is a possibility.
And Dredd, you’re slipping of the two links you provide only one goes to your blog. Do you really drive traffic there through this constant blog whoring?
I got it….well…..thought about it……….and now this is my ‘new vision of normal’…;) :
“Got that?”
The only thing certain is that dementia is accelerating as fast as the ice melt at the poles.
When people go through a vortex like this is destroys some emotions, impairs others, and generates some new ones.
Most of it under the covers, that is, hidden from consciousness:
(The Toxic Bridge To Everywhere, quoting “What Orwell Didn’t Know”, by Lakoff). What Yvonne does not grasp is that denial is the mother of all fantasy.
I am scratching for a…. What…. If the trial is 4 weeks away…. Do they have time to do discovery in the Civil suit…. I am appalled….can’t they do it in the pending criminal case?