Thursday, October 28^th, a Los Angeles jury, or at least six of them made a very grave mistake. I wonder though if they even knew it. As much as I want to, I just can’t be upset at the jury who let Dr. Sandeep Kapoor walk, only find Dr “Death” Eroshevich guilty on four counts and let Howard K. Stern, as usual, slither into the middle with two felony convictions.

Three words. Judge-Robert-Perry. I hope the jury is appalled when they figure out how much good evidence was kept from them. I hope it disgusts them when they find out that witnesses were not allowed to repeat their original statements as they occurred and as was told to CA DOJ investigators.

JRP shouted “inflammatory” in his defense of the defendants sometimes up to 20 times per day according to a person in the court room. That person also said Judge Perry pretty much let the defense know they didn’t even need to present a defense in that Perry’s actions and words let them know he was on their side.

According to AP Reporter Linda Deutsch (who reportedly sleeps during court proceedings), Judge Perry verbally abused prosecution attorneys and raised his voice and shouted at them in advocating for the trio who were on trial. During closing arguments Judge Perry even let Stern’s attorney Sadow scream until Perry offered that Sadow should look at the jury while he desecrated the prosecuting attorneys with half baked truths and innuendos.

How disgusting it was to watch this video of Stern saying he was vindicated of guilt in supplying Anna Nicole Smith with up to 2300 pills per month of narcotics and benzos (that she sometimes washed down with expensive champagne) like that was a good thing. He did not get her any real help. The only thing he helped her to was death’s door.

I never did hear of any proof or anything indicating a PROPER diagnosis of chronic pain syndrome and yes without me making this even longer, there are ways to do it. That’s how it’s done in the real world.  It’s more than horrible that Smith was given more medication than a hospice cancer patient dying in agony.

Where did Stern ever care about Anna Nicole Smith’s privacy and confidentially, as he says in the after trial interview? Did he care that the whole world saw her humiliating herself being drunk, high, trashed, whatever?

Some examples. Click on thumbnails to enlarge:

Anna Nicole ushered off stage at VH1 Big In ’04 Awards

Anna Nicole’s Booby Trap. MTV Awards In Sydney AU.

Anna Nicole Drunk at American Music Awards. CBS News link.

As I watched the talking heads on TV after the verdict, I saw disbelief. Professional commentators saw all the things that myself and other bloggers have been listing and talking about since the trial started on August 6^th. What a tragic reflection of our society that a judge can cross ethical boundaries in a high profile case and get away with it.  See: The American Bar Association. Model Code of Judicial Conduct. Canon 32. A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL OFFICE IMPARTIALLY AND DILIGENTLY. http://www.abanet.org/cpr/mcjc/canon_3.html *Thank you to Topix bloggers for this link and many others they have supplied over the years.

There is some comfort for Anna and Daniel’s family and that is, two of the culprits who mishandled Anna Nicole are CONVICTED FELONS now. Unless Judge Perry tampers with the jury’s work, that is. He has already “warned” that he can nullify the jury’s verdict. I will not be a bit surprised if  he will do just that when sentencing occurs on January 6^th, 2011. But Florida is still watching. A spokesperson said “if authorities find evidence one or more people illegally supplied Smith with the prescription drugs” blamed for her death, a charge as high as first-degree murder could result.” Click here for full story.

On another note, shortly before the trial started, a source who did not attend the proceedings told me that congratulations are in order for Howard K. Stern’s attorney Krista Barth. She gave birth to a new baby this past year. I don’t have any more details than that.

And finally, I have some things I want to say to the people who have frequented this site since it opened under another name on February 14th of 2007 and will do that in the next few days. God willing, I am also hoping to obtain some fascinating reading material to share with all who support justice for Anna Nicole and Daniel and mother and grandmother Virgie Arthur. I’m keeping my fingers crossed hoping to be able to obtain this information in full.

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."

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

October 2nd 2006 Declaration Of Larry Birkhead

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

( Transcripts)

Q.  (Judge Seidlin) And what was Stern’s reaction with regard to your relationship with her?
A.  (Larry Birkhead) He interfered with out relationship.
Q.  Describe?
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.
Q. Why?
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.

THE COURT:  So tell me you don’t need to give anymore of an infinite answer than that.
MR. BIRKHEAD:  I am just trying to be honest.  It’s not easy.

TEXAS ATTORNEY TOM PRITLE QUESTIONS BIRKHEAD ABOUT ANNA’S MOTHER

February 2007

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?
A. 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?
A. Sometimes.
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?
A. Incorrect.
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

From: GettinRet2Go
To: HotSmoochieLips
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?
A.  Yes.
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?
A.  Yes.
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?
A.  No.
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.
A.  Repeat.
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.

BIRKHEAD: (UNINTELLIGIBLE).

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.
http://transcripts.cnn.com/TRANSCRIPTS/0701/26/lkl.01.html

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
person is.
Q  And Anna Nicole’s impression was similar to what the video showed?
A  No, sir.
Q  No?
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?
A  Yes.
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?
A  Sometimes.
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
Arthur.”

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

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…
http://www.foxnews.com/story/0,2933,269821,00.html

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???”

Patrik Simpson and Pol’ Atteu who were friends of the late Anna Nicole Smith took part in an interesting interview on Steph Watts Blog Talk Radio. Air date was November 29th, 2009.

They spoke of their book about Anna Nicole Smith,  “Portrait Of An Icon – Signature Edition”, which I have…. sort of. I purchased my book early on when there was some sort of publishing dispute so my copy is not the “Signature Edition”.

Anyway, here is a summary of the interview. I’m not the fastest typist so I do not have exact quotes but I think I got most of it correct. If anyone would like to add anything I missed, please feel free to do so as well as submit any corrections.

Patrik and Pol from the interview:

Howard definitely had control of Anna Nicole in every way of every aspect of her life.

Anna did take a lot of meds. Howard made sure she took them.

They saw prescriptions in Howard’s name and they questioned that but because it was a prescription from a doctor, at the time they thought it must be ok.

Their relationship was always with Anna but they were there for Howard and Larry too after her death.

Anna moved to the Bahamas because Larry Birkhead was stalking her. Larry “climbed up” and took pictures at her Studio City home.

Neither man has been called to testify in the felony drug charge trial of Stern, Kapoor and Eroshevich which is set to commence in less than two weeks.

Patrik saw Howard give Anna Nicole  injections in the bathroom, in her bedroom, in the TrimSpa bus. He was told they were vitamin B12 shots.

A bag with needles and injectable drugs for Anna Nicole  was called, “The Happy Bag”.

The two men think Howard also used drugs and said if you looked at his bloodshot eyes, when he passed out etc…he was on drugs too.

Howard injected drugs into Anna Nicole in the butt, inside of arm, inside of thigh, several places.

Larry Birkhead was simply a “sperm donor”. Anna used to call him a “sperm donor” and other things that can not be said on the radio.

Only Patrik went to the Bahamas when first alerted of the death of Daniel because someone needed to stay with Patriks minor daughter.

When Patrik got there Anna Nicole cried for long periods of time in his arms. (*QV ~ So much for needing a picture of a deceased Daniel because ANS did not believe her son was dead. Sounds like she believed it plenty).

When they went to Bahamas, they always stayed at Horizons with Anna.

Patrik saw the deed to Horizons. It was in Anna Nicole’s name but they think it was never filed.

Anna Nicole’s Bahamian residency was pushed through ahead of others.

Howard K. Stern is dating his attorney Krista Barth and they heard it from a very reliable source.

(*QV ~ Someone forgot to tell Barth because she has been photographed with Larry Birkhead more than several times. When she sees Anna Nicole’s Mom, Virgie Arthur’s attorney Neil McCabe in a court room, rumor has it that she runs up and hugs him, creating enough of a spectacle that even Howard looks at her funny). Too bad we don’t have a picture of that).

About Khristine Eroshevich: Patrik said that Eroshevich is a very loving person and is getting a bum rap. He said she cared very much for Anna. They were good friends. She was following directions. If she didn’t follow directions, she would have been kicked out of the inner circle. She has gotten thrown under the bus.

Anna used to stockpile everything. They think Eroshevich wrote the scripts so ANS could do that. But Steph Watts pointed out that a doctor is not there to do the bidding of the patient. (*QV~ Good point).

Howard always orchestrated ANS taking her meds. It was his hand that went into the bottle and served them up to her.

The Clown video:  When they first saw a tiny snippet, they thought Anna Nicole was acting. Now after watching the entire video, this is not the case. They think HKS took The Clown Video to make money off of. (*QV~ After all, Stern did say on the video that the footage is worth money).

Steph Watts, the host of the show and working for Fox News at the time was threatened with a lawsuit when he obtained a copy of The Clown Video for Greta Van Susteren. Susteren and Fox News were also threatened. (*QV ~ By Lin Wood I presume).

Watts said the trial judge has already decided that The Clown Video will not be shown in the trial but there will be a transcript entered into evidence.

Pol said he hoped that justice is served if the trio truly did murder his friend.

They think Anna and Daniel were both murdered now that they look back and are learning new information.

The night before Anna Nicole Smith’s funeral, the men who were crying and upset and could think of nothing else, overheard Howard K. Stern and Larry Birkhead on the phone arguing on who gets the media rights for the funeral. The men felt that at a time when Stern and Birkhead should have been mourning her death, all they cared about was making money.

Steph Watts said he was appalled at the picture that Howard K. Stern took of Daniel lying dead,  in his mothers arms. Simpson and Atteu’ were also horrified. They said the picture was being offered for sale. (*QV~ I missed some of that part. Not sure, but I think they said the picture was being shopped for sale in Florida during the burial hearing).

Howard held up Daniels funeral because the photographers were not there yet so he could sell photos and video of the funeral.

~~*~~

Well, well well. I am sure surprised that these two men are not on the witness list for the trial. The TrimSpa bus driver/tour directer, Allan Nazario-Segarra verified to me by email that on the bus he saw Stern taking Anna Nicole into the bathroom and when they emerged, she was very different from when she went in. That makes three witness to what was happening on the TrimSpa Bus.

I also found a post by Mr Nazario from the L.A. Times website. English is not his first language but its not hard to understand what he wants to say.

And so begins the official finger pointing and blame game regarding California Attorney General Jerry Brown’s decision to pursue felony drug charges against Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich.

Brown made the announcement on October 13th, 2007 that he would be investigating prescribing practices associated with the death of Anna Nicole Smith when he raided the doctors offices and then again raided Dr. Kapoors office in search of a Howard K. Stern connection on February 5th, 2009. Warrants for the arrest of Stern, Kapoor and Eroshevich were issued March 13th, 2009.  

Now that charges have been brought, attorneys for Stern are citing political aspirations. Brown said the accusations are “silly” and “completely out of line.”

“The fact is that the Bureau of Narcotics, the DEA, the state Board of Medical Examiners and the Los Angeles district attorney have all validated this prosecution,” Brown said in a telephone interview. “These are serious violations of the law, this is an extensive professional investigation.”

I suspect and hope this investigation will also eventually include the death of Anna Nicole’s son Daniel Smith who died in the Bahamas mere hours after he arrived there to meet his new baby sister.

Cause of death has been stated in the press as an accidental overdose of a mixture of drugs.  But according to witnesses at the coroners inquest there was compelling testimony and evidence that Daniel died from a massive methadone overdose.

Dr. W. Lee Hearn, Miami Florida Toxicology expert who examined Daniels remains said  that Daniel was not a drug user and the overdose was not an accident but intentional. However Daniel certainly did not commit suicide.

Dr Hearn said, “if not for the methadone, Daniel Smith would not have died.” The Magistrate told the jury to come back with a verdict of suicide or non-dependent drug use. Suicide was ruled out.

The death of Daniel Wayne Smith deserves a second look.

Howard K. Stern and Khristine Eroshevich appeared in a Los Angeles criminal court on Tuesday April 7th, to request their arraignment to be re-scheduled for May 13th the original date so as to have time to conduct discovery.

Anna Nicole Smith’s mother, Virgie Arthur’s attorney Neil McCabe was scheduled to appear down the street at 10:30am to argue why Bonnie Stern’s bankruptcy stay should be lifted. A maneuver that McCabe has said in court documents was orchestrated so Ms. Stern did not have to turn over her computer in Arthur’s defamation and conspiracy suit against her and other individuals including her brother Howard.

Representing his client, McCabe was able to attend what was scheduled to be the arraignment of Stern and Eroshevich. I asked Mr. McCabe what he thought about the short hearing. He said it was uneventful and pretty much what the public saw on television. He said Howard K. Sterns attorney Krista Barth and also his former PI John Nazarian were cordial and greeted him. However, McCabe took a seat behind Stern and his attorney’s before the hearing started and Stern’s criminal attorney asked McCabe to move so he would not overhear anything.

After the arraignment hearing was over, McCabe headed down the street and argued that the stay imposed on his client Virgie Arthur’s lawsuit by Bonnie Stern’s bankruptcy be lifted. The judge told Mr. McCabe that it was a close call, but ordered from the bench to lift the stay.

When asked about the possibility of an appeal McCabe said, “When we submit an order to lift the stay, Ms. Stern has 7 days to object to the form. When it is signed, she has 10 days to file a notice of appeal.”

Now that the stay has been lifted, a hearing on Howard K. Sterns motion to recuse the judge in Arthur’s defamation case can go forward.
Arthur_vs_Stern_etal_Recusal_Hearing_Notice.pdf

Defendant Art Harris has joined with Howard K. Stern to recuse the judge in Arthur vs Stern et al.

Please click below to read the rest of article and see the video.

*Go to RadarOnline for full Eroshevich story

Bamacat clued me in about an interesting video distributed by Hollywood.TV. Its Larry Birkhead, Krista Barth and Larry’s sister Angela Birkhead Johnson celebrating with Sandy Serrano for her birthday. The tatooed woman Birkhead is swapping spit with is Serrano. The blonde with long hair at the beginning and then later hiding her face is Barth. The blonde with short hair who is swearing at everyone is Angela. Be sure to check out Bamacats website for comments from Larry and Sandy.

Oh, and isn’t it Angela’s son who lives with Larry because she reportedly could not control him? Funny how Anna Nicole’s mom had the same situation but she is vilified for it by that same bunch.

Check out the picture gallery on X17Online for clearer pictures of tatooed lady Sandy Serrano and Howard K. Sterns attorney Krista Barth.

********

Should we call this scandalous Monday? RadarOnline has posted exclusive photos of Dr Khristine Eroshevich snorting cocaine. Remember Dr Eroshevich is the one who was just arrested for felony drug charges in connection of the death of Anna Nicole Smith? Wonder where RadarOnline got those photos from? Must have been someone who is really upset with Dr E, docha think?

Last night Geraldo aired a block buster special on the arrests of the late Anna Nicole Smith’s attorney Howard K. Stern and her doctors Sandeep Kapoor and Kristine Erosovitch who are all facing felony and conspiracy drug charges in connection with an arrest warrant issued by California Attorney General Jerry Brown.  

Geraldo started his show with no holds barred labeling Howard K. Stern a two bit hustler who sucked Anna Nicole dry, a sleazy manipulator and puppet master.

Some clips from shortly after Anna Nicole’s death in 2007 were shown which take on new or more of a meaning with the passage of time..

Dr. Eroshevich; “We were looking for ways to calm her down”. “She needed her medication”. “She would take more than the average person”.

Seidlin from Anna Nicole’s burial hearing about Howard K. Stern; “He would be called maybe an enabler”.

Dr Kapoor, when asked why Anna Nicole Smith slurred her words when she spoke;
“I wondered about that too. It was schtick or bad acting”.

Stern at the burial hearing; “She took methadone but over the last month, not in my presence”. (See page four at the SmokingGun.com with the 40 page report of Anna Nicole’s death that does indeed show Methadone in her bile).

The show guests last night were Judge Larry Seidlin, Celebrity Coroner Dr. Michael Baden, Dr Joshua Perper, Former FBI Special Agent Don Clark, Virgie Arthur’s attorney Neil McCabe and of course the feisty and in your face former San Francisco Assistant District Attorney Kimberly Guilfoyle. Doctor Cyril Wecht who preformed an autopsy on Daniel Smith was there and Craig Rivera also gives a special report.

Geraldo gets right down to business with Judge Larry Seidlin asking him not once, not twice but three times if he thought the cases against the three charged with felonies are particularly strong. Seidlin did not want to give a straight answer but finally admitted the defense is going to have a “tough row to hoe”.  Seidlin also said he was sick to hear about the charges if they are true because the three people being two doctors and an attorney had a higher responsibility for the care of Anna Nicole Smith than the average layman. Seidlin also said “his friend Perper” let him know that drugs are what brought Anna Nicole down.

And then it was time for Broward County Coroner Dr Joshua Perper who Geraldo said made a “controversial finding of accidental death” for Anna Nicole. Perper was quick to defend himself saying that if a person is willing to take drugs, it’s an accidental death. Geraldo countered by saying, “we don’t even know if she was cognizant or not”.

And how true that is. Reports from witnesses said that Anna Nicole had to be helped to the bathroom on the day before and of her death. They found dried vomit in the bathroom which also points to incapacitation and she was bruised from falling down. So how did she overdose herself on drugs without Howard Stern knowing, when the drugs were not even in the room where she could get to them alone?

Geraldo asked Perper if it was true that Kristine Erosovitch actually assisted with Anna Nicole Smith’s autopsy. Perper said that they do not adopt the findings of the witness they inquire about but that Erosovitch was a great help because she reported the pain in Anna Nicole’s buttock region and that she had been prescribed Chloral Hydrate by Erosovitch.

Being a prescribing doctor but not even Anna Nicole’s doctor of record, I would think that Erosovitch had a duty to report what she did and it was a stretch to say she was being helpful.

Geraldo asked if Anna Nicole Smith’s hair was tested. Dr. Perper vacillated between trying to remain calm and becoming hysterical at that questioning. Perper said the hair was irrelevant to the cause of the investigation of death.

I have to ask though isn’t the coroner’s investigation typically what precludes and prompts law enforcement investigations? Perper defensively said, to date, he still has not received a request from the “police” or Attorney General Jerry Brown to test the hair. Even though he said he did not need one. When asked, Perper said his office still has her hair but that again, it’s irrelevant.

Neither Dr Baden nor Gulfoyle agreed with Perpers statement that testing hair is irrelevant. Baden said he would take exception because it is important to know Anna Nicole’s history. Baden said, “I would have done the hair, every cop in New York does the hair”.

Guilfoyle then jumped all over Perper concerning relying on Erosovitch for help with the autopsy.  She thought it outrageous that Perper made decisions based on a woman who would be the target of a criminal investigation.  She expressed to Perper the stupidity of relying on Erosovitch.

“You are making your decisions on facts that she has given you when obviously she has a vested interest in clearing her name and the outcome of the investigation. She also told him, “you should have done the hair to see the systematic amount of drugs she was taking over a period of time that these three people conspired to give her”.

In some other clips shown, Geraldo says of Howard K. Stern’s Florida attorney, “if you can believe it, Krista Barth compares charges against Stern to the Duke Lacross players.

He also reads part of Larry Birkhead’s testimony from the Florida burial hearing about methadone being brought into the hospital by Howard K. Stern when Anna Nicole was pregnant with Dannielynn and supposed to be detoxing from that very substance.
Dr. Baden said that was totally “unmedical and unprofessional”.

It was mentioned that Stern’s own statements given in open court at the burial hearing will be very damaging to him in the California drug charges. They talked about Stern admitting that drugs were prescribed to Anna Nicole Smith under several aliases. One of them being Wilma Flintstone amongst others. Geraldo said there are reckless categories of homicide that are relevant to the current charges.

Geraldo makes the point for motive that millions of dollars are still in play from the estate of Anna Nicole’s late husband, J. Howard Marshall that could potentially belong to Anna Nicole’s baby daughter Dannielynn and would be under the control of Stern as executor of Anna Nicole’s estate. They didn’t mention it but there is quite a growing list of media ops that Stern and Birkhead have partaken in and earned millions of dollars from.

We see a clip of Virgie Arthur, Anna Nicole’s mother in court at the burial hearing. Watching her again and some of the burial hearing video, it appears that Mrs. Arthur is the only one showing genuine grief and distress.

Virgie wept as she said;

My grandson did not overdose. Howard was there when he died. Howard was there when my daughter died and he has my granddaughter. Now it’s not even his child and I’m afraid for her life as well. Please help us……

Geraldo asked Judge Seidlin about the disparaging of Virgie Arthur at the burial hearing. He wanted to know if the public misjudged Mrs. Arthur. Seidlin admitted Mrs. Arthur was misjudged. He said, “That is why we can’t rush to judgment…. We have to let these things play out and Virgie was criticized and unfairly because I was with her…. I was with her at many un-televised court hearings…. She loved her daughter. It was apparent to me that she loved her daughter and the criticism was unfair and O’Quinn is a great lawyer and he brought it out during the trial”.

In a 2007 clip of Howard K. Stern’s brother, Gary Stern, a school principal, he says his brother is a caring man and a compassionate man who is a victim of a vicious conspiracy. Gary blames media outlets and in his words Anna Nicole’s estranged family for what the public thinks of his brother. “They want to paint my brother in a bad light that is absolutely false”.

Rivera points out that Stern was educated at Berkley University and UCLA law school, yet claims he split with a former law partner in 2002 to devote himself exclusively to Anna Nicole Smith as she fought for her late husbands millions. He goes on to say that Anna Nicole paid for an apartment that Stern kept in Santa Monica that reportedly housed a talent company from that address called “Hot Smoochie Lips” with its only client being, Anna Nicole Smith.

Geraldo talks to Don Clark, former FBI special agent and hired by Anna Nicole’s mom to investigate the death of her daughter. He reads from an affidavit prepared by Clark for the Florida burial hearing where Clark writes that he came to believe that Howard K. Stern was intimately involved in the deaths of Anna Nicole and her son Daniel. Clark believed that Stern could not avoid direct criminal implication in the deaths of the two.

Geraldo asked Mr. Clark if he still stood by the affidavit tendered in Judge Seidlin’s court.

“I sure as heck do stand by the statement…..there’s no accident here. You’ve got a kid that comes in one day and the next day he’s dead? And he doesn’t take drugs. There is no one at all that will testify the kid took drugs! Then we find his mother a few months later in the Hard Rock and in this particular situation you get an investigation that is questionable at best and the evidence that’s out there that should have been found and that can be found was not found. It’s no accident!”

To Mrs. Arthur’s attorney Neil McCabe, Geraldo asks, “What will Virgie do now in light of the charges against HKS and the doctors”?
McCabe; “Well, we are going to proceed with the lawsuit that we have against HKS and others for defamation and conspiracy to defame.. Jerry Brown has brought a conspiracy case but that’s not the only conspiracy”.

Geraldo asked Kimberly if she thought AG Jerry Brown is done with charges. She said not at all as she knows Jerry Brown from being a former prosecutor in CA and Brown said in his statement the charges levied were what they had “at this time”. She said she thinks there will be more charges and that there should be.

Another question to Dr Baden was, “If you were Jerry Brown, what would you do concerning Anna Nicole’s hair?  Baden replied, “I think it would be important to get the hair and lots of labs will do segmental toxilogic examination. Baden explained that hair grows a half inch each month. In six inches of hair, there are 12 months and a lab can do an examination of each segment of hair and determine what drugs Anna Nicole was using in each month. They can go back a year and it will be important to the criminal prosecution.

Baden also said that from the hair, a lab will be able to tell what drugs she was taking when Daniel died. If she was taking Methadone that was never prescribed to her, and that’s what killed Daniel, you have the illegal source that was providing the methadone for her.

Another clip was shown of Ford Shelley, the owner of the house in the Bahamas who said he saw HKS take two white pills out of Daniels pocket and he heard the toilet flush. I recall Shelley has also stated that after the flushing, Stern said that he “got rid of the problem”.

Since I have been following all of the cases from the beginning, I was quite amused by this segment of the show. Geraldo was reading a statement from Lin Wood, another one of Howard K. Stern’s attorneys. Since we know that On the Record’s Greta Van Susteren has accused Wood of being a drunk dialer, I have to wonder if this was a mistake of Geraldo’s production staff or if Wood really did make this statement?

Geraldo; Don Clark, I must say, Lin Wood, the fiery attorney for Howard Stern, claims that they sued you and you made a cash settlement because you were afraid that they had you, that you were defaming Howard Stern, is that true?

Clark; that is absolutely ridiculously false. And if Lin Wood said that, I would say to his face and anybody else that is absolutely and ridiculously false. No doubt in Lin Woods mind, he would like to sue me but I am going to stick with the facts as they are and I don’t have to come up with these fabricated stories as they have throughout… (crosstalk)

Geraldo; when they say the case was settled amicably, what does that mean?

Clark; I’ve never been sued so you’re asking the wrong guy Geraldo. Not me.

Geraldo; So alright, you’re sticking by your guns, you believe that Howard Stern is responsible for the death of Anna Nicole and her son Daniel.

Clark; I’ve said that from the beginning. I’ve said it needs to be good investigations on all parts in the Bahamas as well as in Florida and we have not seen that and now Jerry Brown has started something up and I hope it will progress from there.

For the last segment of the show, Craig Rivera interviews two domestic staff members who work for Ford Shelley who show and possess proof of Anna Nicole’s excessive drug usage. Craig asks Beverly and Johnny what they observed when Anna Nicole was a guest in Shelley’s vacation home.

Beverly said that Anna Nicole was incoherent. Not right.
Craig asked Beverly if it was true that Anna was injecting drugs into her thigh. Beverly said it was and agreed that Anna Nicole was in the third trimester of her pregnancy with Dannielynn.

According to Ford Shelley Jr. Anna Nicole was taking Methadone and other drugs at times administered by and provided by Howard K. Stern

Craig shows photos of a huge bottle of methadone on Anna Nicole’s bedside table with the alias Michelle Chase on it and also vials of Methadone and other drugs in a refrigerator where she lived in the Bahamas.

Johnny said when they would come in at night that Anna could barely speak and her eyes were rolling up in the back of her head. Beverly found the black duffle bag filled with prescription pills. She said there were up to 100 bottles of pills in that bag.

Craig asks, what about Daniel? Where did he get the Methadone that killed him? Craig says that in court documents Larry Birkhead the father of Dannielynn states that he saw Daniel take a bottle of Anna’s methadone on a home security camera. However according to two of Anna Nicole’s friends, Patrik Simpson and Pol Atteu, in a confrontation with Stern at Daniels funeral, Anna screams, “You did this”! “It’s your fault”! “You did this”! “You caused this’!

Geraldo asks Craig what would be the motive for Howard K. Stern in the two deaths and would it be money? Craig agrees the motive could be money and remembers the statements of G. Ben Thompson who said that Stern took (imo morbid) pictures of Daniel after his death. Thompson inquired as to why Stern would take pictures like that. Stern said that someday the pictures would be worth a lot of money.

Pittsburg PA pathologist Cyril Wecht who did an autopsy on Daniel Smith was asked if Daniel killed himself on purpose. Wecht previously said the cause of Daniels death was a “combination of drugs” in his system. Now he admits it was the Methadone that killed Daniel. Wecht says he has no information to say that Howard Stern was responsible for Daniels death directly in a deliberate premeditated sense. Wecht said he must point out an inconsistency that if Anna Nicole was Sterns cash cow, you don’t kill your cash cow. He said there can be no question about enabling, stupidity, insensitivity or illegality. There is no question about all of these things, but talking about premeditation, is making a quantum leap.

Geraldo says, well, what about reckless homicide or involuntary manslaughter? Wecht agreed that was a possibility. Geraldo says when a person is so irresponsible in their efforts to control someone that you give her whatever it takes to keep her quiet or keep her performing however you want her to, that would be involuntary manslaughter.

Geraldo will continue the same subject matter on his show tonight at 10:00 pm EST.

If you missed it, here is last nights video of Larry King live. Howard K. Stern’s attorney Krista Barth is the guest.

It appears Ms Barth was quite unnerved by the facts served up by CNN Corespondent and In Session Tru-TV commentator Lisa Bloom.

How to begin to write about something so heinous, devious and disgusting is a dilemma. Where do you start?

It’s a tale of people gone too far in their “support” of someone they will never meet. It’s a tale of dirty back door dealings and not only criminal but immoral behavior. All in the name of helping someone who was present when two young people died.

It all started with the death of Anna Nicole Smith and her son Daniel Smith and has come full circle back to individuals on the internet who gathered to blog and chat in support of Howard K. Stern.

Anna Nicole Smith’s mother Virgie Arthur has sued Howard K. Stern, his sister Bonnie Stern, Journalist Art Harris, Larry Birkhead, TMZ Productions and its managing editor, Harvey Levin. She is also suing bloggers Nelda (Rose) Turner,  owner of Rose Speaks.com and Teresa Stephens and Houston, Texas Real Estate Agent Lyndal Harrington.

In a stunning motion for contempt filed today by Houston Texas O’Quinn Law Firm’s Neil McCabe, in the case, much background and laying the ground for what is charged to be a conspiracy to defame Virgie Arthur has been revealed and it’s not pretty.

The most disturbing facts presented in the public court documents today have been the stalking and harassment of a female investigator on the case, Wilma Vicedomine.

McCabe outlines evidence that Ms. Vicedomine USPS mail was stolen from her home. Her trash was ransacked and stolen. Her mail and trash were photographed by Lyndal Harrington and the photos were sent to Art Harris and Rose Turner.

In the court documents, some of the mail that was stolen from Ms. Vicedomine’s home included her phone bill. Bloggers who had been in contact with Ms. Vicedomine have found they have been the victims of harassing phone calls and wondered how their phone numbers were obtained. Now they possibly have an answer.

As a parent though, I am most distressed by the words of Rose Turner in a plan for Journalist Art Harris regarding the theft of Vicedomine’s trash.

Art Harris has been promised the exclusive on all of this to break slowly and we have always honored that with him. He is a news blog we are just a legalese discussion blog.

Later this week after things have been sorted we should know cigarette brands, food, computer used and printer, and her child’s Xmas wish list as well as who her daughter has a crush on, about everything that several garbage bags can yield.

Once that is sorted and all of it is listed will send that along as well.

Rose      (Exhibit E, page 3.)

I asked Wilma Vicedomine how this turn of events has affected her and the life of her child who Turner mercilessly targets.  She, of course knew about the thefts but not the invasive mission into the privacy of her young daughter until recently.

Back in April of 2008, Ms Vicedomine tearfully told me that things have been rough for her daughter but she did not go into detail until now.

Her daughter is a skate boarder who loves the outdoors but since taking on this case almost two years ago,  Ms. Vicedomine has had to keep her child indoors at all times to insure her safety.

Deviants whose mission is to ruin anyone opposed to Howard K. Stern, who go as far as to pry into the details of a child’s life have caused Ms Vicedomine to seek the help of local police who have had her home under surveillance since these incidents have come to light.

Being in the investigative business has taught Vicedomine not to ever put a phone bill in her trash thus the discovery that her mail has been stolen was reported to her local Post Master as well.

Another revelation from evidence that Rose Turner herself submitted was that L. Lin Wood and Krista Barth who are attorneys for Howard K. Stern knew about the theft of the trash.

Email from Art Harris to Lyndal Harrington that is included in the documents.

U are my sin-sniffing dream girl. Where have you been all my life? You remind me of me in my early reporting days, and what you have instinctively cannot be taught to j school students unless they’ve got a certain gene and heavy metal, or at least the right deodorizer to spray away the stench of evil. Maybe we got a new product: “Evil Does It: The Antidote”. Redacted…
Way to go! Lin and Krista have been told of your exploits, but not your name and promise secrecy. In the event this stuff comes into play in the upcoming depos….redacted……, would u be willing to give an affidavit as to how you came into possession of them? Redacted….

Well sir, we were on a neighborhood watch one night and were struck the the odor of something fishy..and grabbed the bag for further inspection, and indeed there was….etc….

Shower well. You deserve a spa day. TBT

Art Harris
Busy Street Productions.

—————-

More tomorrow!

Arthur_vs_Stern_et_al_Motion_for_contempt_Art_Harris.pdf

Arthur_vs_Stern_Motion_for_Contempt_Ex_ A-C.pdf

Arthur_vs_Stern_etal_Motion_for_Contempt_Exh_D-E.pdf

Arthur_vs_Stern_etal_Motion_for_Contempt_Exh_F-H.pdf

Anna Nicole Smith’s mother Virgie Arthur’s conspiracy and defamation case against Howard K. Stern, his sister, Bonnie Stern, Journalist Art Harris, TMZ, Managing Editor of TMZ – Harvey Levin and bloggers Nelda (Rose) Turner, Lyndal (Lynderella) Harrington and Teresa (Butterfly) Stevens is underway.

Arthur’s attorney Neil McCabe has filed a motion to compel Howard K. Stern to produce information requested with exhibits. McCabe has also filed a “Designation of Expert”. Stern has previously filed his objections to requests for documents and information concerning emails and web postings and they are included with the exhibits. A hearing is scheduled for December 10th to discuss the email issues outlined in the documents.

A Mr John Mallery of Kansas City Missouri has been designated as an expert witness who may testify concerning forensic examination of various computer hard drives. His resume of credentials and publications are attached to the document.

With the circumstances being that I am a witness and a “former co-conspirator” who has agreed to cooperate in this case, my personal comments will be limited to preserve the integrity of my probable testimony.

This case will be interesting in many ways as the internet is still young as far as lawsuit precedents and law governing the internet that may be needed in the future.

That being said, you can read the motion to compel and the exhibits in support thereof as well as information concerning the expert witness.

Arthur_vs_Stern_etal_Expert_Designation

Arthur_vs_Stern_State_Motion_To_Compel_Stern

Arthur_vs_Stern_Motion_to Compel_Stern_Exhibits

Regarding the defamation suit of Howard K. Stern vs John O’Quinn. With an extension of time granted to Texas attorney John O’Quinn re a mediation hearing that was to happen on October 30th, quite a few people following this case were surprised to wake up this morning to see the mediation did indeed go forward on the previously scheduled day and the case was settled!

So far the details are confidential and are not expected to be published. The question around the internet is which party wanted to settle? Readers remember that the lead attorney for John O’Quinn in this case, Richard Klein, was forced to file a motion to reschedule the customary mediation hearing due to a bad case of the flu. Howard K. Stern’s co-counsel, Krista Barth was asked for the courtesy of extending the mediation and she refused, forcing Klein to file the motion. The extension was granted by Magistrate Judge Robin Rosenbaum.

As I was reading the chatter about this case on a Topix forum, I came to a post by an alert blogger stating that Lin Wood’s firm Powell Goldstein LLP who represents Howard K. Stern is being sold. This link to the Atlanta Business Chronicle was given. “Powell Goldstein to Sell to St. Louis Firm”.

Everyone will draw their own conclusions concerning the urgency to settle and the willingness of O’Quinn’s reps to attend a mediation that was already rescheduled by the judge. With the announcement of the sale of  POGO Law under dire circumstances, I know what I think about it. And it makes me wonder who got the short end of the stick in this deal.

********

Motion requesting court for relief of obligation to produce defendants financial records and proposed order.

103108_Stern_vs_OQuinn_243-2.pdf
103108_Stern_vs_OQuinn_243.pdf