September  20th, 2011. Prosecutors in the Anna Nicole Smith drug trial have filed an appeal on that case saying Judge Robert Perry was biased toward the defendants and their attorneys and against the prosecution. They said that Perry created a celebrity exception to the law.

I’ve had the opportunity to speak to someone who actually attended the Anna Nicole Smith trial concerning the drugs that led to her death. Defendants Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor were charged with excessive prescribing of opiates and sedatives to an addict, and fraudulently obtaining drugs by using false names.

I will call this person, “Courtroom Observer”. Courtroom Observer did not attend the whole trial but gave their take on what really happened in Judge Robert Perry’s courtroom during the time they attended.

The first day of the trial, as soon as Anna’s mother, Virgie Arthur, arrived, Howard K. Stern’s lawyer Steve Sadow asked to approach the judge privately. When Sadow sat back down, Judge Perry made an announcement, before anything happened to warrant such a warning, that anyone caught making comments or bothering the defendants in any way would be removed from the courtroom.

As the trial moved forward, when the court recessed for breaks and lunch, there were times that Mrs. Arthur would return early. She went directly into courtroom and sat until court was called back into session so as to avoid the large crowds in the hallways.

About 4 or 5 days into the trial, there was a break. When Mrs. Arthur returned to the courtroom a little early, she and her family were shocked to find Judge Perry, the defendants and their attorneys having a conversation about boating and vacation spots etc.. Judge Robert Perry had wheeled his chair over to the defendants table in order to have a more intimate conversation. James Arthur, Virgie’s husband commented, “there will be no justice here.” However, Mrs. Arthur remained optimistic.

The next day, after lunch, when Mr. and Mrs. Arthur and those who were with them attempted to enter the courtroom as they had since the beginning of the trial, a deputy stopped them at the door and informed them that they were no longer permitted to enter the courtroom early. The deputy then said Anna’s mother and her husband had to wait until exactly 1:30 pm to enter.

It was then very apparent that Judge Perry, who runs the courtroom, and the defendants and their lawyers didn’t want Anna Nicole’s mother and husband to see Perry socializing with them. The disturbing part was that the media and press that were attending were permitted to enter early. The media was let in but Anna’s mother and family were left sitting in the hallway. It remained that way until Mrs. Arthur had to fly back home for health reasons. The deputy was asked why the media, the defendants and their attorneys were allowed to go in early. His answer was, “well, it’s because they are the media.”

The prosecutors had extensive evidence against these defendants, but time and time again Judge Perry would not allow them to present it. His rational was that the evidence was “too inflammatory to the defendants.” You did not have to be a lawyer to know that the prosecutors were simply doing their jobs and that was to present the evidence, and let the jury hear the full story no matter how inflammatory it was especially when it was facts as presented to law enforcement during the extensive investigation.

There were times when Anna’s mother and family asked the prosecutors why they could not get a new judge to replace Perry who was so obviously biased toward the defendants. Their answer was frightening as they said “Judge Robert Perry is not the worst judge in this courthouse.”

Judge Perry made it clear from the start of the trial that he did not believe the defendants did anything wrong and at times Perry even made objections for the defense. There was so much more that may never be known because most of the prosecutors evidence was thrown out by Perry.

When the prosecutors attempted to refresh a witnesses memory as to what they reported to investigators and testified to previously, the judge would abort their testimony and say, he/she said “they don’t remember, now move on!” Or he would again say “its too inflammatory.”

One day there was a video of Anna Nicole that the prosecutors wanted to use. Perry said he would take it home and watch it and then decide if it could be shown to the jury. When the subject of the video came up while court was in session, Judge Perry said, with Anna Nicole’s mother in the courtroom, that he had watched it and he thought Anna was very entertaining in her “voluptuous” kind of way.  Anna Nicole being “voluptuous” was not the point or reason why the prosecutors wanted to show the video. It was very inappropriate for Judge Perry to speak this way about evidence presented.

Over and over Judge Perry stopped the prosecutors from trying their case. They tried their best to get important evidence and testimony admitted, but Perry was not allowing the majority of it. Perry would say it was either hearsay, inflammatory,or irrelevant.

One of the most disturbing things witnessed was when “Big Moe”, Maurice Brighthaupt was testifying. Moe had been saying “everyone agreed Anna Nicole needed rehab, but no one ever did anything about it.” In other words Moe was saying, they all admitted that Anna Nicole Smith was an addict and needed intervention. Eroshevich and her lawyer Brad Brunon were sitting immediately in front of Mrs. Arthur and family. Brunon looked at Eroshevich and sang,“They wanted her to go to rehab but she said no no no.” Brunon and Eroshevich giggled like schoolchildren. It made one wonder if it was their daughter who was the subject of the trial, if they would find it so funny.

After Judge Perry threw out the jury verdicts, Los Angeles D.A. Steve Cooley had this to say:

“The jury deliberated more than two weeks and reached a fair and thorough verdict in accordance with the law and the evidence we were allowed to present.  Judge Perry’s ruling today is totally inconsistent with his previous rulings at the preliminary hearing, the trial itself and once again when the defense concluded their case. Each time, he refused to dismiss the conspiracy counts. The evidence has not changed from that time to now,” said Cooley.”

“His decision denigrates the substantial investigative efforts conducted by the state Department of Justice and the Medical Board,” said the L.A. District Attorney’s office in a statement. “It diminishes the huge social problem of prescription drug abuse facilitated by irresponsible caretakers and unscrupulous medical professionals …We will immediately pursue all appellate remedies to overturn Judge Perry’s decision.”

* Note. This is the same Judge Perry who appointed himself as a jury of one in the Oscar Grant killing. Basically Perry was saying the jury was stupid like he implied in the Anna Nicole Smith farce of a trial.

Well geesh, being absent from the net during this busy summer… and my own mind, I did not realize that there is a way for us “non Texans” to contribute to the fund raiser for retired Harris County, Texas Sheriffs Deputy Virgie Arthur.

After suffering an aneurysm in 2001 and teetering between life and death in a coma for three months, the 29 year law enforcement veteran was forced to retire from service. Last year, once again, her life was hanging in the balance when doctors diagnosed Arthur as having a rare form of cancer.

Multiple myeloma  has no cure and to help Mrs. Arthur recover, doctors had to just about kill her to save her.  With this type of cancer though, Arthur will eventually have to submit to the grueling procedure again which involves stem cell transplants.

As with most of us, insurance rarely covers the full costs of  treatment and Arthur already has an over $50,000 bill to pay out of her pocket that she does not have. Further treatment will also require more funds.

Anyone who can help with these medical bills, can make a deposit at any Bank Of America in the USA to the benefit fund for “Virgie Hart Arthur” and if you can possibly attend the benefit, the information is below. It looks like it will be lots of fun with a dance, dinner, raffle and an auction.

A more detailed article can be read here.

BENEFIT FOR DEPUTY Virgie HART ARTHUR, RET. 

WHAT: Live music, barbecue plates for $12 (brisket, sausage, potato salad, beans, can drink), pre-sale whole brisket for $50, raffle (each ticket $10 or five tickets for $40), silent auction (including rifles, designer purse, etc.)

WHERE: Stetsons Nightlife, 19304 U.S. Highway 59 North, Humble

WHEN: Friday, Aug. 5, 7 p.m.-1 a.m. (live music begins at 9 p.m.)

ADMISSION: club entry fee pre-sale $10

INFO: To pre-purchase admission tickets contact noemi@stetsonsnightlife.com; for general information, to pre-order a brisket or to donate an auction item, please contact David Hart at davidhart0727@yahoo.com

DONATE: Any Bank of America, benefit fund for “Virgie Hart Arthur”

Investigation Discovery will air its “True Crime with Aphrodite Jones”, “The Death of Anna Nicole Smith” tonight at 10:00 pm est.

The online promotions list  three “confidants” of Anna Nicole Smith who will appear on the show. One is Ray Martino, a D-list movie producer and the man who Anna Nicole left her son Daniel with when she fled the U.S. to live in the Bahamas. The second is Gerlene Gibson who was Dannielynn Birkhead‘s nanny in the Bahamas for a short time.  And we can’t forget Larry Birkhead, the baby daddy who is shown emoting in preview clips as he reminisces about his turbulent relationship with the late model and actress.

However one guest has not been mentioned online and that will be retired FBI Houston, Texas Bureau Chief, Mr. Don Clark.

Mr. Clark worked for the late billionaire attorney John O’Quinn as an Investigative Strategist and Jury Consultant after his service to the FBI. O’Quinn along with his senior counsel and personal adviser, Texas attorney Neil McCabe, represented Anna Nicole’s mother Virgie Arthur in various legal actions. The first being in February 2007 when Mrs. Arthur attempted to claim her unmarried deceased daughter’s body.

All in all, the show promises to be very interesting as the three mentioned guests are friendly with Anna Nicole’s attorney Howard K. Stern.

Mr. Clark, is in opposition of the three guests and in support of Mrs. Arthur who believes her daughter and grandson were victims of foul play. She also predicted her own daughters death as she tried to warn her after grandson Daniel  Smith, who was not a drug addict, died from pills that he did not enter the Bahamas with in his possession.

Mrs Arthur reaching out via the airwaves to her daughter Anna Nicole Smith, October 12, 2006 on the Nancy Grace Show:

Vickie Lynn, you know I love you, always have. Be very careful about who you hang around with, because you may be next.

And indeed she was…

The world is a dangerous place to live; not because of the people who are evil, but because of the people who don’t do anything about it.
Albert Einstein

The late attorney and philanthropist John O’Quinn may have lived by those words until his untimely death. Although some say he was merely lining his own pockets, O’Quinn was a hero to many for his good works and charitable contributions to those who were victimized, hurt and in need.

His unexpected death October 29th, 2009 in a car accident, shocked the Texas legal community and signaled the end of an empire. O’Quinn’s will directed co-trustees of the O’Quinn Law Firm Trust  to “provide for the orderly winding up and dissolution” of the firm.

One by one, lawyers and other employees of the firm quietly found positions at other companies and in spite of statements professing a five year dissolution plan, the firm’s website went offline in late 2010.

Those who follow the Anna Nicole Smith story can only imagine how much of a hero Mr. O’Quinn was to her mother Virgie Arthur. O’Quinn undertook representation of Mrs. Arthur when Smith died and stood behind her until his own death.

Smith’s lawyer Howard K. Stern, sued O’Quinn for libel and the representation of Mrs. Arthur was eventually passed to law scholar and author*, attorney Neil McCabe.

McCabe, a full time law professor for twenty years taught criminal and constitutional law.  Mr. McCabe joined The O’Quinn Law Firm in 2003 and served as lead appellate lawyer, as well as a trial lawyer and senior counsel for Mr. O’Quinn.

McCabe was most recently involved in the successful representation of the Jerry Carswell case, along with Houston Texas attorneys Carl D. Shaw and Michael O’Brien. Defendant, Christus St. Catherine Hospital in Harris County Texas must pay $2 million dollars to the Carswell family for fraud.

Mr. McCabe expected to have “post-verdict matters” of the Carswell case wrapped up by 2010 years end, and is joining “The Leigh Law Firm” of Woodlands, Texas. McCabe actually taught both Leigh and his father at South Texas College of Law. Teaching two generations of law students from the same family is something he has done more than once. He also taught a mother and her daughter, at the same time.

In addition to the types of plaintiff cases that the Leigh Law Firm website talks about, McCabe expects to be handling other matters like wills, trusts, and estate issues. He also anticipates being involved again in the defense of persons who have been accused of crimes, something he had done for 20 years before joining the O’Quinn firm. He is also considering opening an additional office. The new firm would be his company separate from the Leigh firm and located on the 25th floor of the Lyric Center near his old office. However he would remain “of counsel” to the Leigh firm.

They say change is good but all good things must come to an end… Wishing the very best for success to Neil McCabe in his new ventures. His name and many others will be forever ingrained in the minds of those of us who followed the tragic deaths of Anna Nicole Smith and her son Daniel, and all that the story has produced…

*Books published by Neil McCabe; State Constitutional Criminal Procedure: Cases and Materials (with Catherine Greene Burnett), 1994; and Comparative Federalism in the Devolution Era, 2002.

The Last Picture Of Daniel Alive

Here are a second batch of documents from the Inquest into the death of Anna Nicole Smith’s son Daniel Wayne Smith who died less than 12 hours after arriving in the Bahamas to see his new baby sister.

1. Anna Nicole Smith’s statement(s) to the Bahamian Police Department.

2. Larry Birkhead’s statement to the Bahamian Police Department.

3. Howard K. Stern’s statement(s) to the Bahamian Police Department (There appears to be pages missing in this one).

4. The summation from The Court. A must read where the “Court” tells the jurors what verdict to come back with…

5. Howard K. Stern’s testimony as previously published but with the court and lawyer discussion added in.

6. Court and lawyer discussion 23 pages.

7. Larry Birkhead’s testimony as previously published but with the court and lawyer discussion added in.

Please click here to read the inquest transcripts… 

Anna Nicole Smith Baha PD Statement

Larry Birkhead Baha PD Statement

Howard K Stern Baha PD Statement

Daniel Smith Inquest Summation

Daniel Smith Inquest Stern w Court Discussion Included

Daniel Smith Inquest Court Lawyer Discussion 23pgs

Daniel Smith Inquest Birkhead With Court Discussion Incl 80pgs

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.

Here is a surprise!

It appears that Virgie Arthur’s lawsuit for conspiracy and defamation will go forward after all.

http://qvsplace.com/090810_Arthur_vs_Stern_etal_Trail_Prep_80th_Letter.PDF

The original defendants included Howard K. Stern, Larry Birkhead, Art Harris, Harvey Levin,  TMZ Productions and CBS Studios. All of those defendants have been released from the suit for various reasons.

The trial will go forward on September 27th, with the three remaining defendants, Nelda “Rose” Turner, Lyndal Harrington and Bonnie Stern.

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

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

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

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

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

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

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

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

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

It worked.

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

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

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

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

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

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

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

QV : Hahaa. Its funny!

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

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

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

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

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

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

QV : The name is Von. Get it right.

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

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

Larry B : <screenshot^&*>

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

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

QV : Nite nite.

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

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

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

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

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

www.ktvu.com.

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

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

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

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…

*
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*

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 –
*
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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.
*
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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.
*
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*
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.
*
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*
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.
*
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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???”

With opening statements beginning in the felony drug charges against Howard K. Stern  and doctors Sandeep Kapoor and Khristine Eroshevich, it promises to be an interesting week and not just in California.

In Harris County Texas, Anna Nicole Smith’s mother, Virgie Arthur is suing Howard K. Stern, Journalist Art Harris, Larry Birkhead, TMZ and its managing editor Harvey Levin, Bonnie Stern. Also being sued are Nelda Rose Turner and Lyndal Harrington who are bloggers. Arthur alleges the defendants conspired to slander and libel her to make sure that she did not have access to her granddaughter Dannielynn.

It appears by this document that Journalist Art Harris is in possession of confidential documents without authorization. This is not the first time this has happened with Harris who was given a confidential deposition given by Rita Cosby. The attorney for Howard K. Stern, L. Lin Wood supplied the document to journalist Harris for his blog during Stern’s lawsuit over the book Blonde Ambition.

Harris’s  attorneys Jackson-Walker have in the past represented CBS in Arthur’s litigation against them in Federal Court. The case was dismissed with prejudice but before that, Mrs. Arthur sat for a deposition.

Harris would have no other means to obtain the documents unless he obtained them from CBS or Howard K. Stern. Both were parties in the Federal litigation.

http://qvsplace.com/080310__Arthur_vs_Stern_Reponse_to_Harris_Motion_to_Seal.pdf