Looking for a variety of reports about the Anna Nicole Smith drug trial? Sorry, you aren’t going to find many. Linda Deutsch appears to be the only reporter consistently covering this important trial.  Why is this important?  California Attorney General Jerry Brown is very concerned about the rash of celebrity deaths from prescription drugs and the trend must stop. “Just because it’s in a nice little package and has a name on it and a date and a doctor’s name under it, doesn’t mean that it can’t kill you,” he said.

The list of dead celebrities gets longer and reported addicts are being outed with the lucky ones being forced into rehab. And don’t forget the reality television show about celebrity addicts called “Celebrity Rehab with Dr. Drew”. One of the defendants Dr.Kapoor in the Anna Nicole Smith trial once advertised himself as an “Entertainment Doctor”. But what does that have to do with a reporter and the judge on the case? Hold on, I’ll get to it.

Background

More than 20 felony drug charges were brought against Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor because boat loads of drugs were being prescribed for Anna Nicole Smith. Fake names, misspelled names  and borrowed names were used to procure the same drugs that killed the late model and occasional actress. Warnings issued by pharmacists to Stern and both doctors that drug combinations and amounts ordered would kill the patient, were ignored.

After the sudden and unexpected death of Anna Nicole’s son Daniel there is no doubt that the woman was depressed however, not one single antidepressant was found in her system after her death. What was found were downers. That’s right. A horribly depressed woman was prescribed downers.  The autopsy report showed that she had ingested Klonopin, Valium, Oxazepam and Lorazepam which are all anti-anxiety medicines aka tranquilizers. Methadone which is only supposed to be prescribed for the most severe pain or surgery was found in her liver bile. Methadone is also what killed Daniel.

Tranquilizers make a person less anxious by slowing down the central nervous system to produce a calm affect.  Ok, maybe one of them for Anna Nicole but four at the same time? In addition to that she was also taking Chloral Hydrate which is a rarely used and dangerous sleeping medication. Benadryl was in Anna Nicole’s system too. Benadryl has been found to enhance the affects of other drugs and alone makes a lot of people feel drowsy. Does that sound like Stern and the doctors were trying to help Anna Nicole? If a random blogger knows that you don’t take those six to seven medications in combination, why doesn’t a lawyer and two doctors know that?

The trial. What is really happening?

So here is the problem. Except for a few stragglers, veteran Associated Press reporter Linda Deutsch is speaking for the media in this case. She actually is, because if you “Google” any key words associated with the trial, 95% of the coverage is her articles rewritten and re-posted. What is wrong with that? Deutsch is said to be “pro-defendant.” I visited a blog called “Trials and Tribulations” written by a lady who is called “Sprocket”. This is what she had to say about Linda Deutsch.

It’s been widely recognized on every crime form/message board I’ve ever read for the past four years, that Linda Deutsch’s reporting is obviously biased towards the defense side of the case. This is not a new opinion I’ve developed since attending this trial. I’ve felt this way for a long time. When I was covering the Robert Blake trial, I read as many of the reporters that I could and back then I often wondered if Linda and I were watching the same trial. Don’t get me wrong. I have a ton of admiration for Linda. She is a world famous reporter, and is highly respected among her peers. And, you will not find one of her colleagues who will go on the record and publicly say she is pro defense. I also have to note that I’ve often seen Linda in very warm conversations with virtually every member of the defense team on this case.

I also found a site who ranked “America’s Worst Journalists” and why.

Blogger Roscoe Daily ranked Deutsch the 11th worst journalist due to……wait for it……..“BIAS.”

There are more complaints out there in comments by bloggers and forum members and I know what I feel when I read her articles. I even read accusations of napping during trials. Deutsch has been a reporter for over 40 years so I guess that is not unexpected. But if  true, let her take her nap at a fashion show or she can cover when Larry Birkhead has leaked a big media event happening in the swing set area of his local playground.

The Judge

That brings us to Judge Perry. Did he really say these things? Or is the reporter taking his words out of context?

The death of Daniel Smith is irrelevant.

Why? The methadone that killed him was most likely supplied by one of the doctors on trial and it did not just walk into the house that Anna Nicole and Howard K. Stern occupied and then fly to the hospital where Daniel died all by itself.

Perry said outside the jury’s presence that he was concerned about the prosecution’s case.

“It’s the people’s position that Anna Nicole was kept in a drugged state,” Perry said. “They claim she was a pawn in the hands of her handlers and doctors who kept her in a drugged state to control her and her money.”

The evidence so far does not support that, he said.

“I’m seeing a strong-willed person who ordered people around and was her own boss,” Perry said.

The trial just started.  He answered his own statement though. She may have been strong willed but was kept drugged because it was easier to control her. 

Its too bad that the DA has to not only argue with the defense but the judge too.

Deputy District Attorney Renee Rose protested that she could understand the court’s rulings if the case was going to be decided by a judge. “But this is a case for a jury.” she said.

The judge told Rose he saw the issues in the case as limited to whether Smith was an addict who was getting too many drugs and whether prescriptions were obtained under false names.

The judge is limiting the states case?

He said he was unable to tell whether Smith’s demeanor in the 2004 American Music Awards videotape was the result of drugs or her normal acting style at staged events. He pointed out that a second video given to him by the defense showed Smith making statements four days later that the appearance helped her career.

“She’s fairly entertaining and at her voluptuous best,” Perry said. “It is, in the court’s view, a very strong representation of the Anna Nicole personality … My question is, is any of this real.”

I think its inappropriate for a judge to remark about any woman being “voluptuous.”

Of course its “real”, Anna Nicole nor her handlers cared about her appearing in public drunk, smashed or wasted on drugs. Some actually profited from it. Larry Birkhead included.

Perry went on to say, “The problem I have with this case is we have a very public figure …. We are a movie-watching, TV-watching nation. And as the defense has said, what we see on television is not always real.”

When jurors returned to the courtroom, they were shown the AMA video as well as a pre-interview in which Smith touted her weight loss on a product she was promoting. In both segments, she waved her arms and was speaking with a slight slur.

Judge Perry has ruled that numerous pieces of evidence can not be used. He barred the infamous “Clown Video”, he said the cause of her death could  not be discussed even though the cause was “drug overdose”. Perry told experts and pharmacists to “tone down their remarks.”  Why must those witnesses tone down their remarks when they are recounting what was actually said?

The defendants are claiming they did not know that Smith was an addict. Come on!

In an exclusive interview 10 years ago, Smith told ABC News that she had serious drug problems.

“I was on prescription pain medication and I was taking too much and I went into a coma for that,” she said.

Once an addict, always an addict!

Perry also barred a taped TV interview of Smith when she left the Betty Ford Center after treatment for drug and alcohol addiction in 1996. He said it was too far removed in time from events involved in the trial.

“For you to say this lady was loaded on drugs for 10 years before these people came along — I don’t know how this helps your case,” the judge told Rose. He said jurors could be told Smith had undergone treatment at the center.

Perry also said he was uncomfortable with the prosecution’s claim that the doctors violated the law by prescribing to Smith under assumed names. Witnesses are likely to testify that is the norm in the celebrity community.

“That’s not what this case is about,” Perry said. “The case is about were they overprescribing and was she addicted.”

Perry said he might allow a brief snippet of video from a party showing Kapoor nuzzling Smith. The prosecution claims the interaction shows a breakdown of the doctor-patient relationship.

The same allegation was raised regarding photos of Smith and Eroshevich naked in a bathtub together.

The judge asked for more legal briefs on whether the photos should be admitted to show the breakdown of the doctor-patient relationship. He said he felt they showed nothing sexual beyond depicting a “playful” relationship.

For the DA to say that Anna Nicole was an addict as long as ten years ago is actually good for the prosecutions case. It was established back then she was an addict and was an addict until the day she died of her addiction. However her death did not happen by her hand alone.

And saying that two naked women in a bath tub showed only a “playful” relationship is outrageous. But did Judge Perry really say that? E! Online reports the judge said, “”None of the jurors have gotten naked and got into the bathtub with their doctors,”"..

Did the judge say he was uncomfortable about the charge of prescriptions for Smith under assumed names? If its the law, it should be upheld. If the trio are found not guilty of the assumed name part, does that mean it will be a California free for all with doctors writing any name they want on a prescription?

“I don’t know why it wasn’t tried in Florida,” the judge said. I can not imagine a judge who has trouble with the prosecutions case wondering why the case was not tried in Florida. Does he mean a murder case? All three defendants are licensed to practice their trades in California. Most of the drug activity was in California. Their residences were in California. What happened in Florida was her death. So does Judge Perry believe Anna Nicole’s death should have been tried as a homicide? Or are we not getting the full picture?

The defendants reporter…

Ms. Rose, you are overreaching,” he (Perry) said. “Time and again you are grasping at straws. I’m very concerned about the way this case is charged and being prosecuted. If you’re going to accuse someone, you should have some evidence.”

Rose responded, “We understand the court doesn’t like the way we are putting on our case, but we have a job to do.”

*******

Here’s a great article about the problem with “court managed media”, written by a “friend of Linda Deutsch.”

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*Here is a clearer version of the Larry Birkhead story for those who don’t closely follow all facets of the Anna Nicole cases. I hope this will clear up some questions I have been receiving. ~Thanks QV

Yesterday I received two phone calls. The caller ID showed the name Eugene Winbun and a Louisville Kentucky number. I didn’t answer the phone. Two hours later the phone rang showing a local Crestline, Ohio number. I usually don’t answer the phone if I don’t know who is calling but since it was local, I picked up the phone.

The caller identified himself as Larry Birkhead and indeed it was. I recognized the voice.

I have been blogging about Anna Nicole Smith since her untimely death in February of 2007. In Harris County Texas, Case# 2008-24181, Anna Nicole’s mother Virgie Arthur is suing defendants Howard K. Stern, his sister Bonnie, journalist Art Harris, TMZ/Harvey Levin, and Rose Turner, a blog owner and last but not least, Larry Birkhead. Arthur’s attorney is Neil McCabe of (the late) John O’Quinn’s law firm in Houston Texas. Through a series of events in that case, I was tagged as a witness.

Currently in Los Angeles the Anna Nicole Smith criminal drug trial of accused conspirators Howard K. Stern and doctors Eroshevich and Kapoor is in its sixth day. Anna Nicole’s former bodyguard “Big Moe/Maurice Brighthaupt” has finished his testimony and most are anticipating that baby daddy Larry Birkhead will be testifying soon.

Since I have followed the case for over three years, I thought it would be interesting to publish snippets of Birkhead’s sworn testimony and television interview transcripts. Many of which he has since contradicted himself.

I also put together a photo collage of various magazine covers and other pictures that are widely available on the internet and routinely used by small blogs like mine and on other social media websites.

Birkhead has been widely criticized after sworn testimony in his paternity action chastising Anna Nicole for “exploiting” their daughter Dannielynn for money when he appears to be doing the same thing. He is also publicly supportive of Howard K. Stern and my article outlines many critical accusations he has made against Stern and the late Anna Nicole Smith in the past when he was fighting to be recognized as the baby’s father .

None the less, Birkhead called my home and when I did not answer the first call, he used a spoofing device such as what is available on Spoofcard.com to make it appear that a local call was coming in and I assume that was to trick me into answering the phone.

It worked.

Birkhead proceeded to demand that I take all photos of him off of my website. He was upset because I previously published a photo that he took and sold of Anna Nicole at a night club in South Carolina. The photo shows Anna Nicole after she fell face down on the dance floor surrounded by a crowd  with a spilled pitcher of liquid all over her. Its pretty sad to see her being humiliated in that way.

Birkhead then demanded that I also remove his sworn declaration taken during his paternity suit against Smith in October of 2006. The document was purchased on Pacer and was used as evidence and unsealed in Stern’s lawsuit against Blonde Ambition author Rita Cosby. That lawsuit was eventually settled.

When I refused to remove the items citing “fair use”, and “satire”,  Birkhead said that he would retain a “$1000 per hour attorney to come and get (me) in Crestline.” I told him “I don’t have any money for you.” He replied that I would have to work for him for the rest of my life.

Eventually I said, “I’ll tell you what, you send me a list of photo’s that you own and proof of ownership and Ill take those down.” He did not like that at all and said no.

He then proceeded to tell me that I am a nobody blogger who has nothing better to do than get into his business, his daughters business and his daughter’s mother’s business. He also said that I am a “Texas ass kisser”. I found that kind of humorous and started to laugh and said, “see what happens when you consort with criminals?”

He demanded several times to know the names of the criminals that I was speaking about. I finally said, “you know who they are.” Someone in the background then spoke and he ended the call.

As I was writing about what happened on my blog and told a reader I was working on a “scoop”, Birkhead came to my website and posted in my live chat box and we had the following conversation.

Larry B : The scoop is that I called and told this lady off …big deal.

QV : Hahaa. Its funny!

Larry B : thats what you say today… check the mail in crestline ohio there pretty soon

QV : Okee dokee. You dont scare me. I have a friend in Texas who would love to speak to you. Name is Wilma (Vice). You have her number right?

Larry B : do you think any one in their right mind is scared of her? ahhhhhhhaahahaha hahah

QV : I only said she would like to speak to you. Not that she would scare you. But you are trying to scare me. Its not working.

Larry B : i made a simple request I  am here taking screen shots i will have my attorney handle the rest.  yvonne

Larry B : wilma knows better than try and contact me…

QV : The name is Von. Get it right.

QV : And you must be too chicken to call her then?

Larry B : its yvonne von-waddle barnhart the self-proclaimed “queen of Von Donia”

Larry B : <screenshot^&*>

QV : No its really not von-waddle-barnh art and Iam not self proclaimed. An admirer came up with that moniker. You can be a queen too. No need to be jealous.

Larry B : you can be in a trailer in ohio to goodnight $$$$$$$$$$

QV : Nite nite.

This is not the first time Larry Birkhead has scurried around the internet and issued threats. He also visited Rose Turner, one of his Texas based co-defendant’s website and left her the following comment.

Larry Birkhead says:

It is awful funny that Rose says Larry’s show isn’t going. Why didn’t she call the network and get an official statement, to see that she is wrong? Rose is awful hateful for a lady who is “terminal.” Oh Rose, check your google alert it is a little dated….Paris Hilton and Larry, three years ago..Playboy Mansion Halloween. Nice try. Gay rumors, give it a rest. For a minute I didn’t know if you were talking about your ghost writing contributors or what… How long did your doctor give you? With all that negative energy, you are chipping away at your last precious minutes. Why don’t you use your website for good use and put up a Rose Terminal Ticker Countdown, so everyone can see how much longer they have to read your website, whatever few people you haven’t turned against. Oh that’s right, you want your “big-time” website with “all those viewers,” to live on in and pass down to Ken. That is a real gift and an asset. A real legacy.

Monday-Rose anti-Bonnie
Monday night-pro-Bonnie -backpedal
Tuesday-Pro-Howard
Tuesday night-Motion to add 3rd party against Howard
Wednesday-Motion to withdraw 3rd party designation
Wednesday night-Reconsider motion to add 3rd party
Thursday-Note from Ken-rose very ill
Thursday night-Surprise-Rose alive and blogging like mad
Friday-Rose very ill again
etc.etc.
Anyone left on here that sees a pattern? Rose check your meds….

A few months ago, Birkhead stopped by Louisville, Kentucky radio personality Terry Meiners Facebook…

Terry Meiners “Louisville’s Larry Birkhead is flying coach again.”

www.ktvu.com.

Larry Birkhead Terry you remain a douchebag on local AM radio. I thought your station manager already warned you about opening your mouth on things you know nothing about. Wincing on gutter commercials and broadcasting on a tin can doesn’t make you clever.

March 19 at 7:29pm ·
Terry Meiners Larry, Thanks for writing.  Better go shopping for some work boots this weekend.
March 19 at 10:43pm
Larry Birkhead No, I am flying in FIRST CLASS to talk to my attorney about your defamatory comments about sex in bathrooms at derby parties. I have a job but you will be working for me, when my attorneys get done with you. You’ll need one of those gutters you hawk to hang over your head on 264. Get a job, like FM or XM, but AM Terry come on??? By the way I spoke to your boss he apologized and said he warned you and I warned you. Do you want your legal papers served to you at work or at home?

To be fair, I did examine some of the photos that I used in my collage and determined he may still have rights to them so I did a few substitutions.

However, I will not remove this humiliating photo Birkhead snapped and sold of an inebriated Anna Nicole.

I will not remove this sworn declaration purchased on Pacer.

Nor will I remove any transcripts or legal documents that are Birkhead’s own words and qualify as public records.

*********************************

Birkhead is not the only one issuing threats via social media. Howard K. Stern is executor and Larry Birkhead is guardian of Anna Nicole Smith’s estate and “work together closely” according to Birkhead

TMZ.com carried this story.

http://www.tmz.com/2010/05/19/howard-k-stern-allegedly-threatens-anna-nicole-smith-witness/
Howard K. Stern has been accused of threatening a man whom South Carolina police call a “witness” in the Anna Nicole Smith drug trial … this according to a police report obtained by TMZ.

According to the report, Mark Hatten — Anna’s ex-boyfriend — told the Greeleyville Police Department he received a “threatening” message from Stern on May 3 via MySpace.
In the report, it says Hatten opened up Stern’s alleged MySpace message on one of the officer’s laptops, which read: “You are in over your head. You are being watched. Keep a look out before everything comes
crashing down, do you understand me?”………

Stern denied making the threat to Hatten and the issue was being investigated by police in South Carolina.

My article that caused Birkhead to call and issue threats can be read right here.

I hate to burst “anyone’s” bubble but if its true, you can not sue.

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Larry Birkhead Threatens Blogger

by QV August 9, 2010

Larry Birkhead spoofs caller ID. Threatens to sue blogger QV of qvsplace.com regarding an article she wrote pertaining to the criminal trial of Howard K. Stern and doctors Kapoor and Eroshevich in which Birkhead is a witness. QV is a witness for the plaintiff in Virgie Arthur vs Howard K.Stern et al in Harris County Texas where Birkhead is a defendant in the libel and slander case.

7 comments Read the full article →

Anna Nicole Smith Criminal Drug Trial – Larry Birkhead – Its Time For The Truth

by QV August 8, 2010

I expect Larry Birkhead should be stepping up to the plate soon to testify in the criminal drug conspiracy trial of his buddy Howard K. Stern and the doctors Khristine Eroshevich and Sandeep Kapoor.

For Birkhead as with Maurice Brighthaupt, expect the problem of inconsistency, not only from past media interviews but from sworn testimony and affidavits since the time of Anna Nicole’s death in 2007 until now.

10 comments Read the full article →

Arthur vs Stern – TMZ Wins Summary Judgment – Art Harris Busy Street Productions Will Be Joined As A Party

by QV August 6, 2010

Howard K. Stern’s attorney Lin Wood was present in Harris County court today in Virgie Arthur’s libel and defamation lawsuit against Howard K. Stern, Bonnie Stern, Larry Birkhead, Art Harris, TMZ, Harvey Levin, Nelda “Rose” Turner and Lyndal Harrington as was Luke Lantta.. Neil McCabe was there for Arthur. Nancy Hamilton was there and her [...]

7 comments Read the full article →

Anna Nicole Smith Trial August 6th Bits And Pieces – Maurice Brighthaupt On The Stand

by QV August 6, 2010

The felony drug trial of lawyer Howard K. Stern and the two doctors Khristine Eroshevich and Sandeep Kapoor has entered its third day.

Anna Nicole Smith’s mother, Virgie Arthur is presently attending the trial. In a brief interview shown on TMZ Wednesday, she said she was there for “answers” and I imagine that would be relating to events leading up to the death of her daughter.

Opening arguments were completed on the first day of the trial and pharmacy employees were also heard from as they identified prescriptions written in fake names, Howard K. Stern’s name misspelled and spelled correctly.

9 comments Read the full article →

Anna Nicole Smith Opening Statements Today And Art Harris Illegally In Posession Of Confidential Documents He Should Not Have

by QV August 4, 2010

With opening statements beginning in the felony drug charges against Howard K. Stern  and doctors Sandeep Kapoor and Khristine Eroshevich, it promises to be an interesting week and not just in California.
In Harris County Texas, Anna Nicole Smith’s mother, Virgie Arthur is suing Howard K. Stern, Journalist Art Harris, Larry Birkhead, TMZ and its managing [...]

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Jury Selection In The Anna Nicole Smith Felony Drug Trial August 2010

by QV August 2, 2010

Jury selection is a big business in the world of law. Of course that’s how former FBI bureau chief Don Clark came to work for late billionaire attorney John O’Quinn. He was a jury consultant.

California law says that the judge will first eliminate all persons who it appears would face undue hardship if they had to serve on the jury. For whoever is left, the judge conducts the initial examination and then the lawyers get their turn. This part of the process is called “voir dire”. The attorneys receive a limited amount of time that they can question candidates. Complex cases can take over one half hour for both the prosecution and the defense.

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Anna Nicole Smith Trial August 2010 – The Death Of Daniel Is Irrelevant

by QV August 2, 2010

More pre-trial motions must have been discussed today in the felony drug trial of Howard K. Stern and the two doctors Eroshevich and Kapoor. I can’t imagine how Mrs. Arthur must feel right now knowing that the judge said the death of her grandson Daniel Wayne Smith is irrelevant.
It makes me wonder what was brought [...]

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Whats In – Whats Out – In The Upcoming Anna Nicole Smith Drug Trial

by QV August 1, 2010

Whats in…

* Howard K. Stern’s sister Bonnie Stern and Anna Nicole Smith herself will be considered uncharged co-conspirators.

7 comments Read the full article →
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