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.
Friday in court however, Brighthaupt made a startling confession. Shortly after Anna Nicole died and with the memory of the woman he called his “little sister” fresh in his mind, Brighthaupt said that he flat out lied in those early interviews. “I knew there would come a time when I had to be truthful,” he said. “I came clean.” Even in death he wanted to protect her memory. “I thought as someone who had protected her in life, I should try to save what reputation she had left,” he said. Brighthaupt said his lying is over now. His testimony is expected to continue on Monday, August 9th.
For Larry Birkhead, things will not be so cut and dried. When Birkhead was fighting for his unborn child, Anna Nicole was still alive to refute any claims he made so at the time, he had to be very careful. There was a lot at $$$take. He had to be right. He had to be truthful.
For those who remember the burial hearing trial, Larry Birkhead initially appeared as an ally to Smith’s mother Virgie Arthur who wanted to take her unmarried daughter’s body back to where she was born in Texas. The next step would have been to exhume grandson Daniel’s body in the Bahamas and bring him home as well. Instead the judge in the case manufactured a way to bypass the next of kin law that should have awarded Anna Nicole’s body to her mother Mrs. Arthur.
One day during the hearings after a clandestine meeting between Stern and Birkhead, everything changed. Stern and Birkhead teamed up against the woman whose daughter and grandson had died under suspicious circumstances and on their watch. That is why I attach more weight to what Birkhead said as he fought for his daughter as opposed to after he got into bed (so to speak) with Stern.
I thought it would be interesting to go back and detail what came out of Birkhead’s mouth when so much was on the line.
Birkhead during a recent marketing rampage to publicize a Las Vegas auction unloading some of Anna Nicole’s belongings went on the record once again to say he does not believe the allegations relating to the current criminal trial about Stern.
“Howard is the executor of Anna’s estate, so we spend a lot of time talking about estate business … Howard truly does want what’s best for Dannielynn, and there’s not too many of those people floating around. I don’t think he had anything to do with Anna Nicole’s death.” ... ‘If anyone wondered if he would harm Anna or Dannie, I would say you’re crazy. She basically was his life and still is to this day.”
Not too many of those people floating around eh?
Everyone wants the best for Dannielynn and people do not forget. Here is Dannielynn sleeping during the Today Show and grabbing a nap at the Kentucky Derby. Birkhead could have been talking about himself in this 2006 Declaration.
Birkhead: I have been provided no information as to the health status of our daughter other than through public photographs sold by Anna Nicole to the press for money IN EXPLOITATION OF OUR CHILD which appear to depict an underweight baby.
(Followers of this story know that the Haitian Nannies were also concerned about Dannielynn’s weight)
Birkhead’s hero is accused of supplying drugs to Anna Nicole while pregnant and Birkhead knew it and is now defending him in spite of evidence from his own mouth that says Stern was helping to poison his daughter before she was born.
Larry Birkhead: In April of 2006 Anna Nicole Smith was hospitalized at Cedar Sinai Hospital in Los Angeles…a result of what she told me was a reaction to her detoxing from prior drug usage. At the time I began to have strong suspicions that she was still on drugs. I began to voice my concerns for the baby. I have personal knowledge that Anna Nicole was taking Methadone and became addicted to it at this time. Howard K. Stern was fully aware and jealous of my relationship with Respondent. Mr. Stern was a “tag along”...When Anna Nicole was in the hospital in April, Mr. Stern would oddly curl up and sleep on a cot at the foot of our bed. Mr. Stern often picked up Anna Nicole’s various prescription drugs as well as dispense them to her. I fear that Mr. Stern’s motives in interfering with my parental rights are solely based upon self interest and attempt at financial gain.
I personally observed the Respondent (Anna Nicole) ingest several 750mg Vicodin pills at one time when the prescription called for 1 pill every 4-6 hours.
Respondent also during this time was taking Carisoprodol, a sedative and muscle relaxant.
I have been informed by medical experts that it is risky to take this drug while pregnant…
(Birkhead submitted bottles of each drug.)
This is in addition to her taking methadone which I personally observed her taking in large quantities while pregnant. I also observed Respondent taking Ambien, topomax, klonopin and phenegran by injection in large amounts, all while pregnant.
Anna Nicole also consumed alcohol while ingesting drugs drinking Perrier Joet and Chrystal champagne throughout the day like water as well as washing down prescription drugs with vodka and cranberry mixed cocktails.
Howard K. Stern often picked up the drugs for Anna Nicole at various pharmacies as well as dispense the drugs to her.
Her attorney Howard K. Stern threw all my belongings out of the home I shared with Anna Nicole.
When I informed Anna Nicole that it may be necessary to test our child for drugs due to her drug history…she fled to the Bahamas where she gave birth on September 7, 2006.
*Source: Declaration of Larry Birkhead
More comments from Birkhead regarding Howard K. Stern, on the Larry King Live Show. January 26th, 2007.
KING: Why did you break up?
BIRKHEAD: There was — there’s not really one reason, but there were a few reasons and mostly because tension between Anna’s attorney and her friend, Howard K. Stern, just really interfering with our relationship. And there was — there were some issues. I had some concerns over health and some concerns for my unborn daughter with some things that she was doing in her lifestyle.
KING: That Anna was doing?
BIRKHEAD: Yes, sir.
KING: That might have affected the baby?
BIRKHEAD: Yes, sir.
KING: Like drugs?
BIRKHEAD: Yes, sir.
KING: All right, did — did Howard try to enter — did he try to get you out of the relationship?
BIRKHEAD: He did. He did, several…
KING: Out of jealousy?
BIRKHEAD: Well, yes, sir, definitely, overt. I dated — we dated for over two and-a-half years and during that time it was an uphill battle with Mr. Stern. And he’s always — was always interfering with her everyday life.
KING: His relationship has not been a sexual one with her?
BIRKHEAD: No. In fact, you know, he — I’m not saying that he wouldn’t like it to be. And then this whole thing where he got to announce this on your show, it actually made him live out his fantasy that he’s had for years of being a friend with Anna Nicole.
KING: She is not physically interested in him?
BIRKHEAD: Absolutely not. In fact, most of the time that — that I was in the home with her, when we lived together, we would have to basically lock doors to the bedroom. He would try to come in and she’d have to tell him at certain points to call before he came back. And…
KING: Why did you put up with Howard K. hanging around, banging on the door? Oh, here’s a — you’re dating her, you’re fathering her child. Why do you need that? Why didn’t you say good-bye to him?
BIRKHEAD: Well, actually, I did a couple of times and actually I made Anna say, you know, nicely, you know — and I’m trying to be considerate of people’s feelings, even though we did not get along. I didn’t want to rub my relationship with her in his face. But I told her several times that it was, you know, basically her home, she needed to tell him that, you know, what his place was as her attorney, friend, whatever, but not to overstep those bounds and to kind of give us our space.
And several times she did. And one time in particular, while she was pregnant, I had to basically rescue her at a hotel because Howard gave her so much grief about me being the father and saying that he was never going to accept me. And he told her to make a choice — her — him or me. And she called me crying hysterical and she drove herself barefoot to a hotel down the street and I had to basically help her.
KING: Why is she copping out on you?
BIRKHEAD: Because, you know, she’s under the influence in many ways. And one of the reasons is Howard Stern is basically telling her that she needs to get away from me. He’s telling her…
KING: He’s a Svengali? You know, he controls her?
BIRKHEAD: You know he — exactly. I mean it’s almost, to be honest with you, you would almost think she has like Stockholm Syndrome or something. She’s in another place, under his influence and she just doesn’t…
KING: Is he a control freak?
BIRKHEAD: Definitely. Most definitely.
OPRI: I want to jump in here and say something about the inquest that’s coming up. While Larry was in the Bahamas, he was asked to and was interviewed by the police. We won’t go into the details of the information he provided. But there are serious issues as to the control and the extent to which Howard K. Stern has controlled Anna Nicole Smith.
KING: Well, he seemed to say, also, was there a confidentiality agreement?
BIRKHEAD: You know what? That’s something that he says. You know, I — I dispute that and I don’t really want to discuss it.
KING: You didn’t sign anything?
BIRKHEAD: Not that I’m aware of.
OPRI: We should talk about the millions of dollars Anna, with Howard’s prompting, has earned from “E.T.” and other sources for photographs, a video of the birth of the baby. It was disgusting. It was terrible, nauseating, that Larry had to see the birth of his own child on “E.T.”
BIRKHEAD: The tape was sold to “Entertainment Tonight” for, you know, over $4 million. She’s sold baby pictures every time they turn around, of my child. http://transcripts.cnn.com/TRANSCRIPTS/0701/26/lkl.01.html
NO CONFIDENTIALITY AGREEMENT? THE ACTUAL DOCUMENT IS MISSING BUT THE CONTENTS ARE RIGHT HERE
Anna Nicole: The Legal Battle February 06, 2007 Larry Birkhead and Anna Nicole Smith engage in a war of words over who fathered Dannielynn Hope. ------------------------------ As the Anna Nicole Smith and Larry Birkhead paternity battle rages on, ET has the confidentiality agreement that she claims he signed! ------------------------------ *CLICK HERE <http://www.etonline.com/gfx/lbirkhead_et.pdf> to see the confidentiality agreement obtained by ET.* On Monday, *ANNA NICOLE SMITH* spoke exclusively with ET regarding brand-new developments in her paternity battle with photographer *LARRY BIRKHEAD*, who claims to be the father of her five-month-old daughter, *DANNIELYNN*. Larry filed a paternity and custody suit in the Los Angeles Superior Court soon after the birth of Dannielynn last September. Anna Nicole adamantly denies planning a romantic future with Larry, telling ET, "We had no relationship," and refutes his claims that he was there for the first ultra-sound, that he bought her maternity clothes and baby furniture, and that they previously had a baby that miscarried. Tonight, Larry comes directly to ET to go on the record about the status of their personal and legal battles. "You're gonna have to drag Anna Nicole into a courtroom kicking, screaming, fighting," Larry tells ET's *JANN CARL*. "She's not going to abide by any laws unless she's forced to." Amid the legal wranglings of both parties, the spotlight turns to a confidentiality agreement that Anna Nicole claims Larry signed, instructing anyone who provides their signature to steer clear of communicating with the media about Anna Nicole, including film, television, print and digital, without her consent. Anna Nicole tells ET, "Everyone in my life signs one. And yet he claims he doesn't remember signing anything like it. Actually, he signed three of them." Birkhead claims not to be aware of ever signing one. "This is my child; it doesn't matter what the penalty is," says Birkhead about speaking out, despite the alleged agreement. "They started this. They started bashing me. I'm just defending myself." The "AGREEMENT NOT TO COMMUNICATE WITH THE MEDIA" consent form obtained by ET contains what appears to be a signature and the initials of one Larry Birkhead, and includes a handwritten addendum that states, "If I breach this agreement then I will pay a liquidated damages sum of ten million dollars, and any money received would revert back to Anna Nicole Smith as damages from any breach."
As the court may be aware, the Respondent’s (Anna Nicole Smith) son, Daniel sadly died shortly after he joined the Respondent and her entourage in the Bahamas. News reports I have seen state that he died as a result of a lethal combination of prescription medications and methadone, which Respondent has been addicted to.
LARRY BIRKHEAD BURIAL HEARING TESTIMONY. STERN INTERFERED WITH OUR RELATIONSHIP. THE DUFFEL BAG
Q. (Judge Seidlin) And what was Stern’s reaction with regard to your relationship with her?
A. (Larry Birkhead) He interfered with out relationship.
A. There were times when Anna Nicole wanted to do public events and there were couple of instances where he canceled tickets that we had to basketball games. There was a time, because he was fearing that I would be seen in public, which is what I was told by Anna Nicole. And also –
Q. In April of 2006, she told you to come to the hospital?
A. Because she was having pains and she told me that she got rushed to the hospital and I was worried that something was wrong with her and the baby and she said don’t worry, I am okay, the baby is okay and Anna said, you want to know what the baby is, I said, you went to the doctors without me because we were planning to go together. She said, don’t get mad, I had to. I said, what is wrong, she said I am okay but I saw the baby, do you want to know. I said, no, I will wait until I get there and I came to the hospital and she was in the hospital for two weeks, because she was trying to get off medications or she was having an adverse reaction to the medication form the hospital, or previous medications she had taken before she went into the hospital. And at that time, I stayed with her for two weeks and slept in the hospital bed next to her while Mr. Stern slept on a cot.
Q. (Judge Seidlin) For two weeks, in April 2006?
A. (Larry Birkhead) Yes, sir.
Q. Then what happened, if anything?
A. At one point, she was – they had her on a drip trying to wean her off – am I allowed to say the drug name?
A. That’s all right.
MR. MILSTEIN: Standing objection.
MS. BARTH: Same objection.
A. On multiple medications. And what happened was, Mr. Stern and she had packed a duffel bag.
Q She is pregnant and taking medication?
A. She was taking medications before and during the pregnancy.
Q. Were you concerned about that?
A. I was very concerned about that.
A. Because we had already had one miscarriage and every time she put something in her mouth, I thought that that’s it.
Q. It would affect –
A. Yes, sir.
Q. — the welfare of the child.
A. And her as well. And so we had a couple clashes in the hospital room because she and Mr. Stern brought a duffel bag and when they were not administering through the drips. They were taken out of the bag and taken on top of drugs and thwarted the efforts of the hospital to get her off the medication.
A. Mr. Stern, she told me Mr. Stern took her to the Bahamas. First to South Carolina to the man she was with in November or December, that it was his child and then later I found out she was in the Bahamas and made contact with her even though we had an argument.
Remember in the Inquest into Daniel’s death, Birkhead claimed that he saw Daniel steal Methadone from a refrigerator. If I recall correctly, there was a video camera but it was placed in such a way that did not pick up what was in or taken out of the fridge. Yet Birkhead admits they hid his mother’s drug use from him. Why would Birkhead do that if Daniel was using drugs? Because Daniel did not abuse drugs and someone was lying…
Q. (Judge Seidlin) What was Anna’s feeling toward Danny?
A. (Birkhead) She loved her son.
Q. Did they have a healthy relationship?
A. Yes, sir.
Q. Did Danny have an impression about her prescription drug use?
A. That from what I witnessed, was when Anna was ever on any prescription, it was at a level where she was not herself. I would still need to shut the door and not let him – not ever lock him out, but not welcoming him into the bathroom because either an assistant told me, or Mr. Stern suggested that Daniel should not see her like this or he would he upset if he saw her like this. So this would be the only conversation that I would have about any prescription drugs.
ABOUT DANIEL BEING BURIED IN THE BAHAMAS:
A. (Birkhead) I never had a conversation about where she personally wanted to be buried after May of 2006, but I had conversations with her about the fact that I disagreed with Daniel being buried in the Bahamas since his death. And she told me that, she said well, of course, reiterated the reason she was there was to avoid the paternity case and if I would put down my fight against her and did not want her to pay my legal fees, that she may let me see the baby. I said, why don’t you bring Daniel home, that was not his home.
Q. (Judge Seidlin) Objection sustained. If you were the natural father of Dannielynn, according to some of the arguments here, you would stand in a stronger position than my Guardian Ad Litem being a stranger to this child. Do you have a recommendation where I should put Anna Nicole Smith’s body?
A. (Birkhead) Yes.
Q. Are speaking on behalf of the little girl or are you speaking on her behalf as the father of Dannielynn, not your opinion, what you thing your little girl would want. This is assuming you are the father.
A. I would say, I do have an opinion, but it’s not just a cut and dry opinion.
Q. I am going to allow you to expand. This is not a yes or no. It’s why we are here.
A. I would say that since she always had a desire to be in California and that was her home outside of just the paternity battle, that that’s where I would prefer her to be.
Q. In California?
A. That is where I prefer her, since her son has passed away, I know he did not want to go to the Bahamas and he called California his home. I hate that he is there, so I am having a tough time with the decision.
A. (Birkhead) But you know, since Daniel is there, I mean, I guess the problem that I am having with it is, is that I am a California resident and if and when I get the daughter, that I know I believe is mine, she will not live in the Bahamas. So is that a place she is going to travel to see her brother and mother’s grave?
Q. (Judge Seidlin) It’s a long car ride.
A. Or do you, you know, consider upon agreement, bring Daniel back here and I hate to do that.
Q. But that is serious matter, exhuming a body because it’s a serious matter. It is something that we will talk about.
A. You know, I don’t want to separate the mother from the child. However –
Q. Danny from Anna Nicole Smith?
A. But I don’t want them in the Bahamas, so I am having trouble with that.
TEXAS ATTORNEY TOM PRITLE QUESTIONS BIRKHEAD ABOUT ANNA’S MOTHER
Q. (Tom Pritle) I want to ask you straight up. You’re here and you claim to be – and I’m not disputing, we’re not disputing it – to be Dannielynn’s father. You know Virgie is Dannielynn’s grandmother?
A. (Larry Birkhead) Yes, sir.
Q. I saw you reach out to her; true?
A. Yes, sir.
Q. Was there a reason why you reached out to Virgie?
A. I feel sorry for her and I think – for her loss, double loss and triple loss for not being able to see her granddaughter.
Q. And at some point in time, she’s going to be the grandmother of your daughter?
A. Yes, sir.
Q. And do you plan on including Virgie in raising the granddaughter as a grandmother?
A. Yes, sir. I’ll need all the help.
Q. As well as your parents in Kentucky?
A. Yes, sir.
Q. And a whole lot of people down in Texas?
A. Yes, sir.
Q. Some of them from the Arthur side and some of them, evidently, from your side?
A. Yes, sir.
Q. And do you believe that would be in the best interest of Dannielynn?
A. Yes, sir.
Q. That she could have her whole family around?
A. yes, sir.
Q. Now, I want to ask you. Virgie is in here and asking and petitioning this Court for the body of her daughter, you know that?
A. Yes, sir.
Q. As the biological father, if that be true of Dannielynn, do you have a problem with this Court releasing Anna Nicole Smith’s body to Virgie and then I want to ask you some more stuff?
A. Can you ask me one more time?
Q. Yes. What I’m saying is –
THE COURT: Repeat the exact question.
Q. Sir, do you have a problem with this judge releasing Anna Nicole Smith’s body to her mother?
A. No, sir.
Q. So you don’t?
A. No, sir.
Q. Let’s take, for example, the Bahamas, the only reason why you give the Bahamas any deference is you know she loved her son, Daniel?
A. Yes, sir.
Q. You don’t want her buried in the Bahamas in truth?
A. No, sir.
(Objection by Mr. Rale)
Q. You don’t believe the Bahamas was her home?
A. No, sir.
Q. You don’t believe that she was going to stay in the Bahamas?
A. No. She told me otherwise.
Q. You actually thought she was coming back to her home in California and hoped that you all would get married?
A. Or at least work out our differences for our daughter.
Q. And raise your daughter?
A. Yes, sir.
Q. And that was her home, California?
A. Yes, sir.
Q. And you didn’t for one minute believe that she was going to stay and be a resident of the Bahamas and exclude you from your daughter’s life?
(Objection from Mr. Rale)
A. Could you repeat the question?
Q. Sure. I said you didn’t for one minute believe that she was going to permanently stay in the Bahamas and exclude you from your daughter’s life?
A. No, because she told me otherwise.
MILSTEIN QUESTIONS BIRKHEAD ABOUT ANNA NICOLE’S PRESCRIPTION DRUG USE. BIRKHEAD UPSET BY A CONFRONTATION WITH STERN
Q. (Milstein) I will pick up where you left off with the questions of Mr. Birkhead, which was not the area of necessary inquiry. I object myself in the sense that Dannielynn will not really know about in any great magnitude as she grows up. But in the time, Mr. Birkhead, in the time that you spend with Anna Nicole, what efforts did you make personally to assist her in minimizing or rehabilitating herself from any use of substances?
A. (Birkhead) For one, I hid some of the medicines that I didn’t feel was necessary for her, some things that she was getting prescribed by doctors: Dr. A, Dr. B and Dr. C all together. And I felt like the cumulative effects would have a bad reaction. I’m not a doctor but I know – I mean, your brain is a computer and all these different medicine are telling you to do and all these doctors aren’t on the same page so they would have a bad effect.
Like I said, at times I took her medicine and I was told by Mr. Stern to give it back to her because she needed it to live. And in addition to that, I just told her over and over, I said don’t – something is going to happen to you. Something is going to happen. And I –
Q. Take a breath. It’s okay.
JUDGE SEIDLIN QUESTIONS LARRY BIRKHEAD, MORE COMMENTS ABOUT DRUGGING THE UNBORN CHILD AND STERN’S INTERFERENCE
Q. Did this dominate the conversations you had with her?
A. No, sir, it didn’t dominate but it resonated and I said over and over and over. You don’t know how many times I had to help her and to carry her back and forth to make sure she’s okay. Sometimes I didn’t even know if she was going to live and they dept bringing more and more drugs in the house and the pharmacist. And at one point, the time I knew it was really bad is when one of the individuals in that house came home and they said, they had my picture up in the pharmacy as a VIP customer and they thought it was a funny thing to say. Another said –
Q. Who said that?
A. An assistant. And her picture was on the wall at the pharmacy and I said, this has got to stop. And I told Anna, I told everybody in the home and it didn’t stop. I did everything that I could and while she was pregnant, like I said yesterday, I tried to massage her pains away. I tried to say, why don’t you take something that’s over the counter. Please don’t take what’s not recommended. Don’t take double doses if it’s a single dose.
You might have a high tolerance but the baby is not high tolerance and, you know, it just went on and on and on. I think I did all I could. And when I was pushed away –
Q. Who pushed you away?
A. I got into an argument with Anna Nicole that was something that could have been brushed over. It was something that could have been brushed over. It was something, on a scale from one to ten, the argument was like a six and it could have been brushed back over like many in the past that everybody or every couple goes through. And Mr. Stern got in the middle of it with us and he said, like I said yesterday, he told me to come get my stuff, he threw the plasma television out on the front porch and clothes and he won’t give be back some of my belongings in the house. And the next thing, like I said yesterday, he told me he was going to take off –
Q. Let me ask you a question: What did you feel – what is your impression of Mr. Stern’s feelings towards Ms. Anna Nicole Smith? Make it short and descriptive.
A. I thing that he –
Q. Did he love her?
A. I think he did and does but I think as a result of that, I think he didn’t do the things he could have done to help her.
Q. But she took flight when you were saying to her not to do drugs anymore, right?
A. Right. But Anna Nicole didn’t have a driver’s license. She didn’t drive herself to the pharmacy and pick things up. She didn’t call the doctors. Mr. Stern called the doctors and asked for the prescription.
Q. But she could have replaced Mr. Stern with another individual; am I right?
A. If he would have told her no on the drugs, she probably would. And I said no and that’s why I’m here today. I don’t have my daughter. I don’t have anything.
Q. Let me ask you a question: Is there a time in your heart that you feel you can develope relationship, if it comes out down the road, who the father is? Let’s say you’re the father. You think you can develop a relationship with Mr. Stern to work something where everybody gets to enjoy and improve the life of Dannielynn?
A. I’m not selfish but there is a lot of hurt and heartache. I missed the delivery of my child.
Q. I’m sorry.
A. I missed the delivery of my child. I’ve had to pay $4.99 for magazines to see what my child looks like. I’ve had to call and send gifts, Fed Ex Christmas gifts for my child and I’ve missed everything that you can’t get back so maybe some day, maybe. I’m not going to say yes today but the more he fights me and the more it takes, the less likely he’s to get anything.
MILSTEIN TO BIRKHEAD – MORE FINGER POINTING AT STERN:
A. Those came from my personal – it’s my personal collection.
Q. How many photos did you sell?
A. I couldn’t give you an exact number. I can tell you in the context they were used and why they were sent.
Q. Would you do that please?
A. Sure, like I stated yesterday, back in May of – when it was announced that Anna Nicole was pregnant, there was a behind the scenes war with me and Mr. Stern where he had called me and told me to deny that I was the father of the child on press time with a specific magazine and he called me like 200 times. I was working at an event and he was telling me the importance of me getting my name out of it because my name was being attached to the pregnancy. And he said that if this goes down and my name is out there, that this is going to be bad and just to deny, deny, deny.
I said – I did say no comment. He said, no, I want you to go back and say if she’s pregnant, you have nothing to do with it. And he called me so many times at a job that I was at that I finally just agreed to get him off my back. And ever since then, the magazines that printed it previously that I was the father, they’re saying, okay, now you’re saying no comment. Now you’re saying you have nothing to do with it. And then he was releasing information that Anna Nicole wanted me out of her life and that I wanted fifteen minutes of fame. And he posted something on her website that said something to the same effect.
And what happened was later after – during that time, before Daniel’s death, I released photos because I told Howard and I told Anna Nicole that it wasn’t fair for him to be saying that stuff about me and she said, you’re not the star. I’m the star. And you shouldn’t be telling people this. And they wanted me to remain quiet and behind the scenes. So I said, I’m tired of it. I’m tired of him telling me what I’m going to do and so I released photos to establish the relationship. And as a result of me releasing those photos, I have been compensated and would be compensated down the road for it.
Q. You live in California now? Are you planning on staying in California?
A. I would like to. It depends on the outcome, when I can get my daughter.
Q. And if you had a job, the type of job that you have as being a photographer, journalist, would you move to New Your, for example, would you move to New York?
A. Well, the good thing about my job is I can do a lot of it from – the flip side of it, I can do a lot from home. I can do it from anywhere. If it were in my daughter’s best interest to go to New York with me, then I would consider that but if it weren’t, then I’d stay and take less money to stay wherever was a better environment for her.
Q. If you wanted to move home to Kentucky where you grew up, would that be a consideration for you?
A. It would because I would have the support system and I’d have family and friends that would help me with my child.
THE COURT: You’re in the big town now. You would leave the big town?
MR. BIRKHEAD? I’d have to do what’s better for my daughter, so I would do whatever it took.
Q. At this juncture you can’t say that you would be stationary in one specific location. That you would seek the opportunities that would be best for yourself and your daughter?
A. I would seek the opportunities that are best for my daughter and I would consider myself next.
STERN’S LAWYER KRISTA BARTH QUESTIONS LARRY BIRKHEAD ABOUT GETTING A “SUBSTANCE ABUSER” PREGNANT
THE COURT: Were you concerned having a baby with a woman that you thought was over medicated, meaning that the child could have had problems during the birth?
A. Yes, sir, I was.
MS. BARTH: Your Honor was following my point here. My question is, someone who is a substance abuser, whether prescription drugs or otherwise, why is it that you would enter into such a dangerous situation for this baby when you knew that she had not cleaned herself up in rehab at that point? Why would you take that chance? Why would you put this risk on this baby?
THE COURT: Terrific point.
MR. BIRKHEAD: You’re saying that I knew that she was on drugs?
THE COURT: Wait. Wait. Easy. Easy. Answer the question.
MR. BIRKHEAD: Rephrase your question.
THE COURT: No, she’s not going to rephrase it. Answer the question.
MR. BIRKHEAD: Repeat your question.
Q. Did you understand my question?
A. I don’t understand your question.
Q. Miss Smith had not been through rehab and you were aware that she had substance abuse issues; is that correct?
Q. Why is it then that you, as an adult, as you just stated, took the chance on getting her pregnant and putting this baby in danger before it was even conceived?
A. When she came back from South Carolina in November and December –
THE COURT: No long story. Answer the question.
MR. BIRKHEAD: Because when –
THE COURT: Why did you make her pregnant when you knew she was overmedicated?
MR. BIRKHEAD: Well, the answer to the question is when she came back from South Carolina she was not medicated as much and she cleaned herself up.
BARTH CONTINUES CROSS EXAMINATION:
Q. As much?
A. I can understand why she was saying that. I can understand she was in a better state of mind. Her skin was clear. It was totally different.
Q. Do you think she wasn’t an addict at that point, sir?
A. I don’t know the actual term of that. I know that she used medication.
MS. BARTH: I believe he testified the fourth month of pregnancy. I think that is consistent with what he is saying. At that time you said she was at the hospital and she was detoxing while pregnant; is that correct?
A. I don’t know if that was the purpose for her visit. She said she was rushed there in pain and then they detoxed her.
Q. But when you went to visit her the reason that she was there was because they were detoxing her; is that correct?
A. I didn’t say the reason. I said she was there for pain.
Q. Were they detoxing her?
A. It was my understanding from the doctors that they were.
Q. And you also testified yesterday – you didn’t take her to the hospital, did you?
A. I didn’t take her.
Q. Who took her to the hospital?
A. Mr. Stern took her and then she called me to come.
Q. Mr. Stern took her to the hospital and then you arrived. Now, when you got there, you said you stayed with her for several weeks; is that correct?
A. Approximately two weeks.
Q. Serious stuff, right?
A. It became serious.
Q. It was already serious. She’s pregnant and she’s in a hospital detoxing, correct?
A. Her condition became serious as a result of the detox more so from when she was back at home because I think her body was rejecting some of the things that was –
Q. Sir, what I’m asking you is, a pregnant woman in the hospital, four months pregnant –
THE COURT: And how old? How about her age?
MS. BARTH: Exactly.
THE COURT: What age: She was in her late –
MS. BARTH: Yes. She was also at risk just due to her age; is that correct?
MR. BIRKHEAD: I’m not a doctor.
THE COURT: But we know that.
MR. BIRKHEAD: I don’t know.
THE COURT: We all know that the later, the more difficult the pregnancy is. I want you to be.
MR. BIRKHEAD: I’m not a doctor but I would agree that’s a late stage and she was high risk in the past, according to her, and maybe she would be considered –
THE COURT: At what age was she when she became pregnant?
MR. BIRKHEAD: Thirty-eight.
THE COURT: That’s what I wanted out of your mouth. 38 is a risky time.
MR. BIRKHEAD: She was closer to forty
ABOUT ANNA NICOLE AND STERN SNEAKING ADDITIONAL DRUGS INTO THE HOSPITAL DURING PREGNANCY
MR. BIRKHEAD: She previously told me she was high risk.
MS. BARTH So you understand she was high risk. This was a serious situation. Now, you came in that hospital, you testified yesterday, and my client was sitting there, and you said at some point during this two-week period, and I’m not sure when, you saw a duffel bag full of drugs; is that correct?
A. I never said full of drugs.
Q. There were drugs in a duffle bag?
A. There were drugs in a duffle bag.
Q. What did you do?
A. I didn’t know they were there because what also was in there was her personal belongings.
Q. You just said you knew the drugs were there?
A. Could you let me finish?
MR. BIRKHEAD: Sure. At one point during the stay in the hospital, she asked me to go get some personal belongings out of the closet in the hospital. And when I went into the closet, she asked me to bring the bag out and she kept pushing the button for the drugs to come out and she was getting frustrated and she kept telling me to press the nurse to tell her to get more. They said, they said you can’t have any more. She said, I need more. When she told me to get her bag for something, totally related to the drugs, like a toothbrush or something like that, when I brought the bag back to her, she pulled the bottle out. Mr. Stern was in the room and they were waiting to see who came in and they opened the bottle.
MS. BARTH: They opened the bottle. Did Anna open the bottle or did Mr. Stern open the bottle? They didn’t open the bottle.
A. It happened multiple times, so I guess he did and she did both, and I witnessed both.
Q. What did you do? Did you buzz -
Q. What did you do next, if anything?
A. I told them not to and I repeatedly told her not to and I watched and I stayed up for almost 24 hours a day to make sure that she didn’t. And then when I made at another point to say something when she ripped her I.V. cord out of her arm, they told me to leave and then later on, I came out and they told me she was on suicide watch, that’s what I did.
Q. Then what did you do?
A. I was asked to leave. She asked me to leave the hospital and she was going to call the nurse button because I was trying to make her stop.
Q. Why did you leave?
A. Because she told me if I didn’t, they were going to call security on me, the hospital. And I told Howard what was going on and he said, it’s best if you go, she’s not in her right mind. And they had a nurse sitting there 24 hours a day. The room was crowded up and they asked me to leave. They told me to leave.
BARTH CONTINUES CROSS EXAMINATION:
Q. Other than the times – that time that we talked about, that specific time in the hospital, you’ve stated on numerous occasions that there were times when you actually saw Miss Smith have seizures; is that correct?
A. Yes, correct.
Q. And at the times when she would have seizures, were you alone with her?
Q. When she had these seizures, did you call 911? Did you call the hospital?
A. They told me not to.
Q. You just said sometimes you were alone, so who is “they”?
A. Can I say the people’s names?
BIRKHEAD SAYS THE HOSPITAL DOCTORS HAD A PLAN FOR “RECOVERY” AND PRIMARY DOCTORS WERE TOLD TO “STOP PRESCRIBING”
Q. When Miss Smith was still in the hospital going through this detox with the baby, pregnant, you left to go out of town; is that correct?
A. I left. I was scheduled to go out of town for a work event but I was going to stay. But since she told me to leave and she was going to call security on me and Howard, or they told me or I was told not to come back. I wasn’t – and also, information was starting to be shielded from me at the hospital, so it was kind of like I didn’t know what to do. And I was also told that the doctor in the hospital, they had her on a plan that they felt it was a plan for recovery. And they also told her primary doctors to stop prescribing her and they were taking over the plan from there.
DANIEL DID NOT LIKE THE BAHAMAS
MS. BARTH: You knew that Anna wanted to bury Daniel in the Bahamas; is that correct?
Q. Did you ever send her an e-mail telling her not to bury Daniel in the Bahamas?
A. I spoke to her.
Q. You didn’t send her an e-mail saying that.
A. I could have, but I’ve spoken to her. I probably said it over and over and over.
Q. Is it fair to say that after Anna left for the Bahamas, your relationship had fairly broken down?
A. For the most part, the communication.
Q. You had some angry communication, didn’t you?
A. We had angry and we had good.
THE COURT: Let me ask you this. Take a second. I ask you this, where would you place Anna Nicole’s body?
MR. BIRKHEAD: I’m still having a hard time with that, Your Honor.
THE COURT: Tell me. It’s a new day today. Tell me today.
MR. BIRKHEAD: I know her son didn’t want to go to the Bahamas. He didn’t like the Bahamas. Let me rephrase. He considered California home and so did Anna. And I know the reason that she went to the Bahamas was to avoid the paternity action. So for them to be laid to rest in a place that was unnecessary for them to be in is hard for me. And like I said yesterday, that once I’m proven to be the father of Dannielynn, then the distance for her to see her, to pay respect to her mother and brother will be difficult. But on the same token, splitting them up is hard for me. I probably didn’t answer that.
THE COURT: You answered it. So you’re telling me that Danny was essential, integral part of her life.
MR. BIRKHEAD: Yes, sir.
THE COURT: Where is he resting now?
MR. BIRKHEAD: In the Bahamas.
BIRKHEAD SENDS NASTY EMAIL TO ANNA NICOLE IN THE BAHAMAS SHORTLY AFTER DANIEL DIED
Ms. Barth Questioning Mr. Birkhead Concerning An Email He Sent Anna Nicole
THE COURT: What is that document?
MS. BARTH: It’ an e-mail from Mr. Birkhead to Anna where he say – stipulate that that’s his e-mail address.
MR. BIRKHEAD: That’s not the e-mail address you’re asking me about.
THE COURT: What is she saying?
MS. BARTH: He is saying to her that all the times we were together cheating on me with that bar whore Tracy, Kameron –
THE COURT: Who is bar whore Tracy?
MS. BARTH: Kameron in Australia, you ex Ruggie Boy Charlie and Kim and all of the lousy, excuse my language, shit you have done to me. Think about it, Anna.
MS. BARTH: The date on that is Friday, September 22nd.
THE COURT: When she’s in the Bahamas?
MS. BARTH: Right after her son died, Your Honor, he’s sending her this e-mail. I think this is important.
MS. OPRI: This is inappropriate.
MR. BIRKHEAD: You don’t know what she said to me.
Q. I would ask you to look at this e-mail dated September 22nd. I believe that was twelve days after the death of Daniel. Can you read it for me, sir, from the start?
MS. OPRI: Go ahead, please.
THE COURT: You’re going to read it to yourself?
Q. Please read it out loud.
A. (BIRKHEAD EMAIL TO ANNA NICOLE) Then your sick psycho ass puts my cross necklace on Daniel for the baby photos? How could you? Didn’t you see what that did to me to see those photos? I am not giving up. I am going to see in writing that I am not the father because I have to think that no real woman, no real mother, no one with a head could tell a man with no kids, especially after a heartbreaking and devastating miscarriage, that he was a daddy again and it not be true. No one could or should do that to anyone, not even you, the devil.
Q. The devil?
Q. Mr. Birkhead, can you please read that e-mail that you sent to Anna, again, twelve days after her son died? Please read that to me.
A. To make me look bad, Anna, come on, what have I told what I know about everyone. You need to go to the nearest church and pray that you won’t be in the fire pits of hell if something happens to you because you’re already headed there anyway. Now, I don’t remember writing that.
MS. BARTH: That she should burn in the fire pits of hell.
MS. OPRI: And she’s headed for death just like Daniel, we’ll stipulate to that, because she is dead today. We’ll stipulate to that.
MS. BARTH CONTINUES CROSS EXAMINATION:
Q. You wrote that e-mail; is that correct?
A. Is this the same one?
Q. That’s the same one you just read before.
A. I didn’t read it.
Q. Could you read it to us now?
A. (BIRKHEAD EMAIL TO ANNA NICOLE) I don’t have any rights now but I will have plenty in a few months. You are acting worse than your mother. You look desperate begging people to be your friends and asking people to see my baby, how desperate, haven’t you stole enough.
ANOTHER BIRKHEAD EMAIL TO ANNA NICOLE SMITH
Subject (no subject)
Date: Fri, 22 Sep 2006 7:13 pm
AND YOUR ONLY RESPONSE IS TO GO GET FAMOUS LIKE IT SOME BIG DEAL TO SAY YOU ARE MOTHER OF MY KID…..IT IS NOT THE MORE AND MORE THAT COMES OUT OF YOUR MOUTH AND YOUR FRIENDS IT IS ACTUALLY EMBARASSING THAT I GOT MIXED UP WITH YOU GYPSY CON ARTIST MONEY GRUBBERS INCLUDING HOWARD AND ALL YOUR DRUGGIE FRIENDS
BIRKHEAD AND AGREEMENT NOT TO TALK TO THE MEDIA
A. It does say 01/03/06.
Q. Is that your handwriting on there, Mr. Birkhead?
A. Yes, it is.
Q. What is that document?
A. It says it’s an agreement not to communicate with the media.
THE COURT: I missed that.
MS. BARTH: An agreement not to communicate with the media.
THE COURT: But wasn’t that prior to her pregnancy, the second pregnancy?
A. When this contract – when I was asked to sign this contract, it was right at the time of conception and she also told me that she was also pregnant and if I didn’t get over there and sign this, that she wouldn’t ever let me see my child.
Q. So you signed that document under duress; is that your statement?
A. Yes, ma’am.
Q. Despite the fact that you signed this document, you have, in fact, done such things as communicate with media?
A. Yes, but let me tell you this –
Q. Sir, just answer my question, please. Have you communicated with the media; yes or no?
Q. Have you sold pictures, including television, print, film and digital?
(Objection by Ms. Opri)
Q. Did you, in fact, despite signing this agreement with Miss Marshall, did you then go and sell television, film, print and digital images of Anna Nicole Smith?
A. Yes, I did. And the reason –
Q. Yes or no, sir, did you do that?
Q. And did you understand that the reason that you were entering into this document was specifically because Vickie Lynn Marshell, Anna Nicole Smith, didn’t want anyone selling pictures of her without her receiving the monies; is that correct?
Q. Isn’t that what the document says?
A. But that wasn’t why I signed it.
Q. Does the document say if you do this, that those monies belong to Anna Nicole Smith, now they belong to Dannielynn; is that correct?
A. Which still belongs to me.
Q. Did you give any of these monies or are they being held in trust for Dannielynn Marshall Stern?
MS. OPRI: Your Honor, this is beyond the scope.
THE COURT: I’m allowing it. Overruled.
Q. Any of the money that you have received from selling all of these things that you said you weren’t going to sell in this contract, are they being held in trust, are these monies being held in trust for the minor child, Dannielynn Hope Stern?
A. No, and there’s reason because I’ve been selling photographs –
Q. Yes or no, sir?
THE COURT: Yes or no, and then your lawyer will explain.
A. No. The answer is no.
BIRKHEAD WANTS NO PART OF THE MARSHALL ESTATE
August 26th, 2007
KING: Now, if she was that case in Texas, which the Supreme Court ruled that she’s entitled to…
OPRI: If, if, if..
KING: Well, 9-0 they said she’s entitled to that case.
KING: There’s a strong chance she’s…
OPRI: Well, there…
KING: All right, let’s put it this way.
OPRI: Well, we believe there’s an interpretation.
KING: Your daughter could be very wealthy.
BIRKHEAD: Well, you know, to be honest with you, Larry, and I’ve never said this on television before, I kind of hope she does not get the money, not because I don’t feel that she deserves it or — that’s a whole show for a different day. But if money makes people do the things that she’s (Anna Nicole) doing now, by taking my daughter. She’s also in a home that doesn’t own in the Bahamas. You know, if she wants — if that’s what money makes you do, then I don’t want any part of it.
But by January 27th 2009, Larry Birkhead was well entrenched in his new partnership with Stern and sits for a declaration in Howard K. Stern’s lawsuit against Rita Cosby for her book, Blonde Ambition.
Page 14 Item 37. (same document)… John O’Quinn and Virgie Arthur have made good their threats and continue in the Bahamas to challenge my custody of Dannielynn to this day, even though the court made it clear that she was wasting her time. I have been forced to spend hundreds of thousands of dollars because of their irrational efforts to control the Marshall litigation, and the money that my daughter might one day obtain. (By the way, I don’t think anyone has seen proof of Mrs Arthur wanting a single thing to do with the Marshall Estate.)
Birkhead About Virgie Arthur
1st Day of testimony burial hearing February 2007.
Q How about her mother?
A I didn’t meet Ms. Arthur. At that time, I did not [sic] her.
Q But she embraced you one time in my courtroom.
A I met her since the passing of her grandson and her daughter.
Q Did you form any impression about her from your conversations with Nicole?
A Yes, sir.
Q Was it that impression on the video?
A No. Let me try to backtrack, I tried not to form an impression. I listened to what Anna said about her mother, but I
am the type of person that likes to observe personally because I – before I make a decision on the type of character a
Q And Anna Nicole’s impression was similar to what the video showed?
A No, sir.
A I will say this and let me clarify. Her mother, Anna Nicole always told me that she and her mother did not get along
and they had their differences. But one of the first people when she got pregnant, she cried out for her mother, because
she sent me a text message and said, I want my mommy.
Q She told you that?
Q Did her mommy call her on the phone?
A No, sir because at that point, she was getting ready for her appearance for the Supreme Court. I don’t know if it
transpired, I was not privileged to that. On other occasions she mentioned her mother and I mentioned the possibility of a
reconciliation. And sometimes she would say absolutely not and sometimes she would be more able to listen. *Source: Page 8 of this document
IF YOU ARE THE FATHER, CAN DANNIELYNN SEE HER GRANDMA?
THE COURT: Would you, if you were the father of little Dannielynn, would you let mom, grandma, visit that little girl?
MR. BIRKHEAD: Yes, I’d let anybody that had Anna’s best interest and loved Anna and love the child see the child.
THE COURT: So you would give her visitation rights?
MR. BIRKHEAD: Yes, sir. I think it’s only fair for family and I thing that that’s just the appropriate thing to do. And friends of Anna’s that had good intentions that I felt were there for her and that were there for the baby. I would consider the same.
NOW A DIFFERENT STORY AGAIN
At the house in Florida in February of 2007, Rita Cosby and I discussed Virgie Arthur. I told Rita Cosby that Anna Nicole
was estranged from Virgie Arthur and she told me some very nasty horrible things Virgie Arthur had done to her. I told
Rita Cosby that I was unimpressed by Virgie Arthur and I did not think she was sincere because she had not been around
since I knew Anna Nicole. I told her that I thought all Virgie Arthur wanted was money. Page 12. Item 31.
BIRKHEAD ABOUT ANNA NICOLE ON ET
Q. (Judge Seidlin) Under a normal set of circumstances, someone can object. He is not a expert on whether she was under
the influence of drugs or alcohol, so I did not ask it that way. But I want o know what condition was she in when you saw
her on that video. You knew her. Objection, so noted. I am allowing it.
A. (Larry Birkhead) Her voice seemed slurred to me and not, you know, at times she seemed shaken, but I will say that she
is saying things about her son and what she perceived as statements from her mother about her son –
BARTH CONTINUES CROSS EXAMINATION:
Q You knew that Anna was estranged from her mother; is that correct?
MS. OPRI: Asked and answered.
THE COURT: No. No. No. You have a continuing objection.
MS. OPRI: Thank you.
THE COURT: You can answer that.
A Yes, I did know that they had not the best relationship.
Q How would she describe her mother to you?
A Sometimes she would curse and say things and then sometimes she would say she wanted her mom, she wanted her mom, so it was all over the spectrum.
BARTH CONTINUES WITH BIRKHEAD:
Q She was all over the spectrum?
A About the way she felt about her mother. I think it depended on what she was doing in her life at the time.
Q Or was it also how much medication she had or both?
Q It was her life, it was the medication she was on, wasn’t that having an input on her description of her mother?
A I’m sorry, One more time, Your Honor.
Q You’re listening. Give me an answer.
A Sorry, I didn’t hear you. I apologize.
Q That’s all right. Was it her health and the pressures of the day that affected her description of her mother?
A Yes, sir.
Q When would she say she loved her mother, what type of day was that?
A When something really, really bad was going on in her life or if there was something that should be a joyous occasion,
like I said, she had a pregnancy, or just when she’d see people with other families, she’d say, I wish I had my mommy.
Q So nature came into play, when there’s crisis’ in her life, she said mama?
A Yes, and she did tell me – she told me bad things about her mother and she told me about things the way her mother would act and I would tell her sometimes when she would act that way, I would say, you know, you’re acting the same way you said your mother did.
BIRKHEAD CHANGES HIS STORY
Page 11. Item 28. in the following document.
Larry Birkhead said, “Anna Nicole always wanted a mother in her life, but she wanted absolutely nothing to do with Virgie
MRS ARTHUR IN HER OWN WORDS ABOUT CUSTODY OF DANNIELYNN AND THE MARSHALL INHERITANCE CASE
VAN SUSTEREN: So now that Howard is out of the picture in terms of father and Larry is the father, why do you still have a custody action going on?
ARTHUR: I don’t. I don’t have a problem with Larry having the baby. I don’t.
VAN SUSTEREN: So the June — there is a June 8th custody hearing?
ARTHUR: It is just a formality.
VAN SUSTEREN: So you are happy to have — Larry to have complete total custody?
ARTHUR: Yes. And that is not — you know, that is not what — I don’t know where people get all of these notions from. I never wanted to raise my granddaughter. I would have if I had to. But that is not something I wanted to do. But I do want to have visitation with her. I do want her to know Vickie’s family.
You know, she has two families. And it’s going to take both families for her to grow up and understand her life. I mean, she is here without a mother. And, you know, let’s talk about money. Let’s just get that plumb off the page, OK? I do not care about the money. I don’t want the money. You know, she has fought for 12 years for Howard Marshall’s money. Four people are dead. That money is tainted. I have no — I do not — I am not in this for the money, I am not.
VAN SUSTEREN: Which of the four dead? Your daughter.
ARTHUR: Howard Marshall is dead. His son is dead, Pierce Marshall. My grandson is dead, Daniel Smith. And Vickie is dead. Four people are dead.
VAN SUSTEREN: That money is tainted?
ARTHUR: That money is tainted. I have no desire for that money. However, Larry is still young. And all I asked Larry to do was to have someone on his side of the family, like his father or his mother and myself, be overseers of her money. Not where we could write checks or we could do anything with the money, no. But before she could do anything with the money or he could do anything with the money, that, you know, something big like, you know, she wants a Porsche at 14, you know, it would have to go through his dad and me and we would say, no, at 14 you are not getting a Porsche, so no. But it wasn’t…
All of the above and Birkhead did not argue over Stern being executor of Anna Nicole’s estate, he endorses Stern whenever he is asked and even when he is not asked.
As Virgie once inquired, “What is it that they have on you boy???”