California P. I. John J. Nazarian with his client

Will keep you updated as we get information on the case throughout today.

TMZ.com had a picture of Dr. Kapoor and Dr. Eroshevich arriving but Howard K. Stern had already arrived and was inside out of the TMZ.com camera spot light.

Court started at 8:30 AM, Virgie Arthur is not there but Neil McCabe is there and Don Clark WAS there…

The first thing to happen is Don Clark was handed a Subpoena as a “Hostile Witness” by Howard K. Stern’s legal team WHY??? It has barred him from the court room as an observer, now that is NOT going to play well. However Neil McCabe is able to observe and is there by himself.

The first witness up at 8:30 AM was Danny Santiago, first they are going through each pill, number and type which is very Boring we are told and as of 10 AM PDT, Mr. Santiago was still on the stand.

Update following lunch, now Steve Sadow, the attorney from out of town that many said might be a mistake on Howard K Stern’s part is now having his turn cross examining Danny Santiago and is making this lead investigator for AG Brown and the state of California, look like “Bozo the clown”, it would appear Mr. Santiago should have been prepared a tad better by the assistant D. A. It is not Santiago’s fault and he juggles multiple cases and court appearance but on the side of Santiago, I would be a tad upset at the Assistant D. A. for this case, if not after 2 years then when??? I have been told this is the most interesting part of this first day. It WILL NOT change the outcome but is interesting is what I have been told.

Last update tonight. I won’t be calling Steve Sadow the ride him up cowboy in the future, I have been told by one of our court watchers that he meticulously “sliced and diced Danny Santiago”, not my words but a court watcher’s opinion who felt sorry for Santiago. Then he, Santiago, was handed off to Adam Braun who has a different style but gets the job done. This is not the place or the time to pick a fight or show your cards. I have been told by one of the court watchers that Agent Danny Santiago would look at his notes for up to 3 to 4 minutes with NO ANSWER. One observer told me he, [Santiago], could have been looking at a blank piece of paper trying to figure his way out of the questions.

The AP in it’s final reporting tonight that “under cross-examination by Sadow, Santiago recounted a conversation he had with Arredando about her impressions of Smith. Reading from Santiago’s report, Sadow quoted Arredando as saying, “She was always the boss. She was in control of everything and everyone, everyone that traveled with her. When Sadow asked if that included Stern, Santiago said he believed it did. Santiago acknowledged that Arredando was also asked if Smith’s “ditzyness” was an act and that Arredando said yes”.

Here are some facts from today: 1. Anna Nicole Smith was sick when they left the Bahamas, she was already very ill which is why the baby bottle was brought to keep her hydrated. Fact: 2. The private plane was suppose to go to Fort Lauderdale per testimony at the burial proceedings, why did the plane end up in Miami instead? As Ken said in this day and age to go off course without filing a flight plan with a private plane is just NOT DONE any more. So why was Anna Nicole Smith taken to Miami first was it because she was so ill? Why would she not go to the hospital in the Bahamas or in Miami or in Fort Lauderdale that statement by Ms. Gibson of feeling she was seeing Anna Nicole leave for the last time might have more meaning as this case begins to fit together like a puzzle, what to you think? Fact: 3. Anna Nicole was driven over an hour in a limousine from Miami to the Hard Rock Hotel on the Seminole Indian Reservation. Fact: Dr. Dr. Eroshevich knew she needed a local doctor on the night they arrived, February 5, 2007, and call the Hard Rock front desk for guest relations and spoke with Lisa Arredando and asked her to find one discreetly and have him come look at Anna Nicole Smith. Fact: 4. Howard K. Stern called and canceled calling in a doctor stating fear of leaks to the media.

People I end up with more questions then answers. So my question to all of you who followed Anna Nicole Smith, could she have been this sick before leaving the Bahamas and still be calling the shots because she wanted to pick up that BOAT, I believe back in February 2007 that Howard K. Stern and she had canceled one or two times what made this trip different? Do any of you remember that and/or know anything from your own research?

Last FINAL REAL LAST update tonight. Don Clark, Wilma Vicedomine and Tom Pirtle were all served today and tonight the last one has just been delivered to Houston to the home of Wilma Vicedomine “stating” in the Subpoena that all of them are to be in the California court on October 14, 2009 for the defense as hostile witnesses. Folks this is going to get GOOD as for as court room theatrics goes

One observer today had this Prediction, that Renee Rose will be replaced by the L. A. D. A. office by Thursday, we were not able to reach Miss Rose or a get a statement from the court spokesperson this late in the day. At this point the big question for me is why is Jerry Brown via the L. A. D. A. going for such a public preliminary hearing? As I said before you can get a grand jury to indict on a ham and cheese sandwich so why go this way and allow the defense to get a “feel” for the witnesses? That is the $64k question for tonight?

Keep up with Rose Speaks throughout tomorrow as we bring you the up to minute happening in California in the Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich hearing, we have several court watchers rotating in and out of the court room giving us the feel of the court, I am sure each one will have that person’s personal take of this.

Have any of you seen a transcript or tape of any of the defense lawyers interviews that occurred during the lunch break today?

©Rose Turner
October 13, 2009
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53 Responses to “Howard K. Stern’s and the two doctors Preliminary Hearing as it HAPPENS Day ONE!”
  1. Beth says:

    Interesting!
    Thanks Rose.

    DC should have known that was coming…
    Curious as to why they (TX team) CHOSE NOT to have VA there.
    Mark my words that was a decision to be there or not be there, even for the first day of the prelim..
    To me that is more interesting than McC sitting by himself looking the _____, for all the lies he has spun to
    even get HKS involved like he was a dang doctor! I can understand questions to the doctors, not him.
    I do not care if his name was on any scripts, HOW many other celebrities have scripts in other people’s names
    for privacy?
    LOL Ask Rush the radio announcer how many of his scripts were in other people’s names… ect.

  2. Sammy1 says:

    Posted on TMZ at 1:39pm

    The first witness in the preliminary hearing over Anna Nicole Smith’s prescription drug death testified authorities found a baby bottle of Pedialyte on her bed, along with a bottle of Cipro.

    Pedialyte is used to rehydrate children when they experience diarrhea and vomiting. Anna had been battling the flu.

    Cipro is an antibiotic used to treat infections.

    Anna was found unresponsive in her hotel room on February 8, 2007 at the Hard Rock in Seminole, Florida. Her cause of death was a sleeping med along with 8 other prescription drugs.

    Howard K. Stern, Dr. Sandeep Kapoor, and Khristine Eroshevich are charged with fueling a drug addict’s habit.

    The baby bottle evidence could be important because prosecutors are trying to show Anna Nicole was so incapacitated from drugs she could barely function.

    Read more: http://www.tmz.com/#ixzz0Tq6qUfW8

  3. trina says:

    So, I thought Clark was already on the state’s witness list. Didn’t we read that? Wouldn’t that have been enough to keep him out of the court room?

  4. Beth says:

    Interesting thought trina!
    I do not think he should have even tried to step foot in the door of that prelim!

    O/T > http://news.yahoo.com/s/ap/20091013/ap_on_re_us/us_king_lawsuit
    Associated Press Writer Errin Haines, Associated Press Writer – Tue Oct 13, 6:36 am ET
    ATLANTA

    ** Rose, is this the case Mr. Wood was working on for Bernice King?

  5. Beth says:

    Howard K. Stern, Anna Nicole Smith Docs Ready to Face the Music
    ?E! Online 2 hours ago
    http://feeds.eonline.com/~r/eonline/topstories/~3/brd3qiGnZaA/b148683_howard_k_stern_anna_nicole_smith_docs.html

    Hearing in Anna Nicole Smith case under way
    Access Atlanta Vendor 2 hours ago
    http://www.accessatlanta.com/celebrities-tv/hearing-in-anna-nicole-161683.html

    Preliminary hearing begins for defendants in Anna Nicole Smith case
    ?Minneapolis Star Tribune 2 hours ago
    http://www.startribune.com/entertainment/64073652.html

    Anna Nicole Case: Stern, Docs in Focus
    ?CBS News 3 hours ago
    http://feeds.cbsnews.com/~r/CBSNewsEntertainment/~3/XIrzZVQo2E0/main5381676.shtml

    Anna Nicole Smith Drug Case: Live Stream Hearing
    In Entertainment 3 hours ago
    http://www.inentertainment.co.uk/20091013/anna-nicole-smith-drug-case-live-stream-hearing/

    Hearing involving Anna Nicole Smith companion and doctors to start Tuesday
    L.A. Daily News 4 hours ago
    http://www.dailynews.com/news/ci_13550112?source=rss

  6. Rose says:

    Yes Beth that would be the one set for trial next week I believe…. Good that the family is going to try and mend fences out of the public eye and a very public trial … :)

  7. Sammy1 says:

    Radaronline.com reports:

    Three defendants facing charges relating to the death of former reality TV star Anna Nicole Smith are facing a judge Tuesday in Los Angeles, who will decide if there is enough evidence for the three to stand trial.

    Psychiatrist Khristine Eroshevich, internist Sandeep Kapoor and attorney Howard K. Stern are accused of conspiring to illegally provide Smith with the drugs that led to her fatal overdose at 39 in a Florida hotel room in February of 2007.

    As reported previously on RadarOnline.com, the three have all pleaded not guilty to the charges.

    During the morning session of Tuesday’s preliminary hearing, Danny Santiago, a Special Agent with the California Department Of Justice, was the first witness to take the stand.

    He testified that eleven bottles — containing 10 different prescriptions– were found in Smith’s hotel room the day she died.

    Santiago testified that some of the drugs were prescribed by Eroshevich. He also said that some of the medications were prescribed in Stern’s name, and that his last name was spelled differently on different bottles – some were spelled “Stern” and on others, “Stearn.”

    According to a coroner’s report (March 26, 2007) Smith died of ‘Acute Combined Drug Intoxication’ of Chloral Hydrate and Clonazepam and several other controlled substances. Santiago also testified that Stern said that Smith had suffered a fall a day before she died and hit her head in the bathtub. Stern said she had been feeling ill when she arrived in Miami from the Bahamas.

    He says Stern said Smith had the flu, but when a member of the hotel’s staff called a doctor to check Smith out, Stern told the staffer they didn’t want a doctor in fear her condition would be leaked to the media.

    Santiago also said that on the morning Smith died, Stern was not with her. He was off to see about buying a boat. She was being looked after by her bodyguard’s wife who attempted to perform CPR when Smith was discovered to be unconscious.

    The bodyguard’s wife then called her husband who also attempted to perform CPR, but she did not respond.

    The court took a short recess mid-morning, but then resumed with Santiago back on the stand.

    RadarOnline.com will keep you up-to-date with all the late breaking developments in this case.

  8. Rose says:

    Eroshevich at one point asked a hotel employee to call a doctor because she could not write prescriptions in Florida, but Stern called to cancel the request because they did not want any leaks about Smith’s condition, Santiago said.

  9. Beth says:

    Thanks Rose,
    Just got a cup of coffee to ‘warm’ up here…
    Was glancing @ the weather channel after it was done talking about the rain and heavy winds here..
    Reporters went on to say the south east will be getting it bad in the next few days.
    North East TX, Longview area might have possible flooding and power outages.
    Get those flashlights ready!

    [6] Interesting commentary…
    ” It was not clear what sentence Stern might face if convicted.”
    WHY NO, I bet it isn’t clear! How many other regular citizens are charged as if they held a medical degree? ;)

  10. Beth says:

    [7] “..cancel the request because they did not want any leaks about Smith’s condition,..”

    I would bet that was ORDERED by Anna herself! NOT HKS…
    Anna did not want anyone to go to the Bahamas and get any orders for DNA I bet…
    Remember Opri had been hounding her and saying a bunch of crap in the media prior to her illness.
    I wish they would have stayed in the Bahamas and dealt with that boat she wanted when she was over her illness
    and had more time to grieve regarding the loss of her only son.
    Man, what a different scenerio this would be! TX would NEVER have had an ‘in’ to stick their nose in this and there
    would be NO merit less blogger case allowed to even start!

  11. JMA says:

    OMG, too funny DC being turned away not allowed to sit in the courtroom and observe now how is his right –hand woman gonna get info to pass along to the Trolls. Oh, oh and I thought it was said [by WV] a few weeks back that VA would be present in the courtroom for the prelim, oh my how some just can’t seem to get their stories straight.

  12. Beth says:

    JMA! :lol: EXACTLY!

  13. trina says:

    Wow. from the link above! Thrilled that the Judge realizes that these charges are not related to ANS’ death. I read one headline today from like CBS or NBC that was calling it a death hearing. Really irritated me that the media can report things so wrong and not be called on it. And Joe reader hasn’t a clue. anyways, reading that from the Judge is good. And a waste of time evidencing ANS death in FL. This is about abuses of the Controlled Substance Act. Period, end of story. Did ANS have legimate medical needs? Was ANS an known addict based on the H&S codes? Those are the big questions, imho.

  14. Beth says:

    I for one CANNOT WAIT until:
    California Department of Justice investigator Danny Santiago
    GETS CROSS-EXAMINED BY THE DEFENSE in this prelim!

    I can just hear it now… (questions to Santiago)
    > Who was all present in this meeting with the lawyer Susan Brown?
    > How did you get permission from second and third hand sources (the thieves) to get a warrant for stolen property from the Horizons house?
    > Did you know this stolen property was transported into the US? >> from people who had a RESTRAINING ORDER from stepping foot
    into the Horizons house in the Bahamas. Were you aware of those FACTS?
    > Were you aware that these stolen materials were illegally copied and given to DON CLARK?
    > Are you aware that DC and his untrained assistant worked long hours trying to get HKS in trouble for something/anything to help the O’Q law firm have retaliation on HKS; for VA their client (& them) to get to the possible Marshall estate? Retaliation for O’Q settling in HKS defamation suit in FL?

    * Please feel free to add some good questions you think should be asked of Santiago, DC, ect by the many defense lawyers….

  15. Beth says:

    Yes, trina,

    (from the JUDGE in the CA case against ANS’s doctors…) link in [6]

    *** QUOTE: ***

    “Superior Court Judge Robert J. Perry, who will decide if there is enough evidence to send the case to trial, noted that the defendants have not been accused of killing Smith.

    Perry also questioned the relevance when prosecutor Renee Rose asked Santiago about Smith’s cause of death.

    “There is not a murder charge,” Perry said. “The cause of death is not an issue.”

    END QUOTE!!!

    ** THE CAUSE OF DEATH IS NOT AN ISSUE **

  16. JMA says:

    Good points the Judge brings up. Now did Santiago provide the names of the witnesses’ who supposedly said Anna was unable to walk unassisted into the Florida hotel, hmm?

    IMO the ones that have the name Stearn should not be considered to be in Howard’s name. IMO if it said Howard Stern on the bottle then yes that is considered in his name but for the ones that said Stearn should not because that is not his last name.

  17. JMA says:

    Beth [13] your questions are just fine ;-)

    Beth [14] exactly the cause of death had already been determined so what the hell was Renee Rose trying to pull by asking Santiago Anna’s cause of death. Looks like the Judge is very observant and isn’t sleeping on the job.

  18. Sammy1 says:

    31 min ago
    http://www.google.com/hostednews/ap/article/A…
    By LINDA DEUTSCH (AP)– 20 minutes ago
    LOS ANGELES — The final days of celebrity model Anna Nicole Smith were described in court Tuesday as being marked by illness and confusion.
    California Department of Justice investigator Danny Santiago testified that witnesses said Smith was unable to walk unassisted into a Florida hotel and was being kept in seclusion.
    The testimony was presented in a preliminary hearing involving charges that Smith’s former lawyer-boyfriend Howard K. Stern and two California doctors conspired to illegally provide Smith with controlled substances before her drug-overdose death in Florida at age 39.
    Superior Court Judge Robert J. Perry, who will decide if there is enough evidence to send the case to trial, noted that the defendants have not been accused of killing Smith.
    Perry also questioned the relevance when prosecutor Renee Rose asked Santiago about Smith’s cause of death.
    “There is not a murder charge,” Perry said. “The cause of death is not an issue.”
    Stern, Dr. Sandeep Kapoor and Dr. Khristina Eroshevich have pleaded not guilty. Their attorneys have said they are undecided or unlikely to call defense witnesses during the preliminary hearing.
    Santiago’s testimony was a summary of what law enforcement investigators had learned after Smith’s fatal collapse in the hotel room on Feb. 8, 2007. He also identified prescription drugs found in the hotel room as the prosecutor showed pictures of bottles and hundreds of pills.
    Some of the prescriptions were in Stern’s name, although some used an alternate spelling, Stearn, and some had been prescribed by Eroshevich, Santiago said.
    Smith’s autopsy concluded she died of “acute combined drug intoxication,” and the drugs involved were chloral hydrate combined with Benadryl, clonazepam, diazepam and lorazepam.
    Santiago recounted a detective’s description of Smith’s arrival at the hotel on Feb. 5.
    “He said she was being supported by Mr. Stern,” Santiago said. “He was holding her as they walked through the lobby. He said she wasn’t her usual vivacious self. She seemed down and was possibly ill.”
    Santiago said he was told Smith “was so weak she could not sit up to drink liquids” when she and Stern arrived
    He also testified that Stern had told an investigator he had been giving Smith the children’s electrolyte formula Pedialyte in a baby bottle and that she was so confused she asked where her baby was.
    Stern told Smith the baby, Dannielynn, had remained in the Bahamas during their trip to Florida to buy a boat.
    Stern also told investigators that Smith had complained of flu-like symptoms and was being treated with Tamiflu by Eroshevich, who had the suite next door, Santiago said.
    At one point, Stern had to help Smith to the bathroom because she couldn’t get there, the witness said.
    Eroshevich at one point asked a hotel employee to call a doctor because she could not write prescriptions in Florida, but Stern called to cancel the request because they did not want any leaks about Smith’s condition, Santiago said.
    Santiago said registered nurse Tasma Brighthaupt, the wife of Smith’s bodyguard, was seated at her bedside at one point but did not notice Smith’s lips were blue and her body was discoloring until someone else arrived and pointed it out. He said Brighthaupt thought Smith was sleeping.
    By the time paramedics were called, he testified, the bodyguard had arrived and started CPR. Stern had left Smith that day to look at a boat, Santiago said.
    During some of the testimony, Stern sat forward in his courtroom chair with his head in his hands.
    Stern is named in all 11 counts of the complaint. The doctors each face six counts, including conspiracy, and if convicted could be sentenced to as much as five years, eight months in prison. It was not clear what sentence Stern might face if convicted

  19. hmm says:

    trina they are going to play this up big time and we can only hope that the other side to this comes out and is reported also.That these stations do not take after Faux noise.I wouldn’t doubt the mcShame sent notices out himself. Glad to see DC get slapped down Just because he is former does not mean a thing,many former LE are not honest.Have to wonder if McShame is talking to the DA and making his points.

  20. hmm says:

    Sounds like the DA and Mr feel good brown tried to slip one plast the courts just like McShame has been dong in Texas.

  21. JMA says:

    hmm [17] IMO McCabe has no business being there much less adding his two cents to the DA. Again JMO

  22. Sammy1 says:

    E! Online reports:

    UPDATE: All three defendants are present in court. Prosecutor Renee Rose called Special Agent Danny Santiago of the state Department of Justice to the stand as the first witness.

    Santiago has been investigating the case since 2007 and recounted the numerous prescription meds found in the Hollywood, Fla., hotel room where Smith was found unresponsive on Feb. 8, 2007. He also discussed his interviews with detectives on the scene, with hotel employees and with the wife of Maurice Brighthaupt, Smith’s bodyguard.

    Stern held his head in his hands during much of the testimony, especially as Santiago recounted Mrs. Tasma Brighthaupt’s description of discovering Smith in bed with her lips blue and no pulse on the day of her death.

  23. Sammy1 says:

    Here’s another AP report very similar to the last one with slight differences.

    By LINDA DEUTSCH, AP Special Correspondent Linda Deutsch, Ap Special Correspondent – 1 hr 22 mins ago
    LOS ANGELES – The final days of celebrity model Anna Nicole Smith were described in court Tuesday as being marked by illness and confusion.

    California Department of Justice investigator Danny Santiago testified that witnesses said Smith was unable to walk unassisted into a Florida hotel and was being kept in seclusion.

    The testimony was presented in a preliminary hearing involving charges that Smith’s former lawyer-boyfriend Howard K. Stern and two California doctors conspired to illegally provide Smith with controlled substances before her drug-overdose death in Florida at age 39.

    Superior Court Judge Robert J. Perry, who will decide if there is enough evidence to send the case to trial, noted that the defendants have not been accused of killing Smith.

    Perry also questioned the relevance when prosecutor Renee Rose asked Santiago about Smith’s cause of death.

    “There is not a murder charge,” Perry said. “The cause of death is not an issue.”

    Stern, Dr. Sandeep Kapoor and Dr. Khristina Eroshevich have pleaded not guilty. Their attorneys have said they are undecided or unlikely to call defense witnesses during the preliminary hearing.

    Santiago’s testimony was a summary of what law enforcement investigators had learned after Smith’s fatal collapse in the hotel room on Feb. 8, 2007. He also identified prescription drugs found in the hotel room as the prosecutor showed pictures of bottles and hundreds of pills.

    Some of the prescriptions were in Stern’s name, although some used an alternate spelling, Stearn, and some had been prescribed by Eroshevich, Santiago said.

    Smith’s autopsy concluded she died of “acute combined drug intoxication,” and the drugs involved were chloral hydrate combined with Benadryl, clonazepam, diazepam and lorazepam.

    Santiago recounted a detective’s description of Smith’s arrival at the hotel on Feb. 5.

    “He said she was being supported by Mr. Stern,” Santiago said. “He was holding her as they walked through the lobby. He said she wasn’t her usual vivacious self. She seemed down and was possibly ill.”

    Santiago said he was told Smith “was so weak she could not sit up to drink liquids” when she and Stern arrived

    He also testified that Stern had told an investigator he had been giving Smith the children’s electrolyte formula Pedialyte in a baby bottle and that she was so confused she asked where her baby was.

    Stern told Smith the baby, Dannielynn, had remained in the Bahamas during their trip to Florida to buy a boat.

    Stern also told investigators that Smith had complained of flu-like symptoms and was being treated with Tamiflu by Eroshevich, who had the suite next door, Santiago said.

    At one point, Stern had to help Smith to the bathroom because she couldn’t get there, the witness said.

    Eroshevich at one point asked a hotel employee to call a doctor because she could not write prescriptions in Florida, but Stern called to cancel the request because they did not want any leaks about Smith’s condition, Santiago said.

    Santiago said registered nurse Tasma Brighthaupt, the wife of Smith’s bodyguard, was seated at her bedside at one point but did not notice Smith’s lips were blue and her body was discoloring until someone else arrived and pointed it out. He said Brighthaupt thought Smith was sleeping.

    By the time paramedics were called, he testified, the bodyguard had arrived and started CPR. Stern had left Smith that day to look at a boat, Santiago said.

    During some of the testimony, Stern sat forward in his courtroom chair with his head in his hands.

    Stern is named in all 11 counts of the complaint. The doctors each face six counts, including conspiracy, and if convicted could be sentenced to as much as five years, eight months in prison. It was not clear what sentence Stern might face if convicted.

    Smith died in the midst of a long legal battle to collect millions of dollars from the estate of her late husband, J. Howard Marshall II, owner of Great Northern Oil Co. Smith was 26 when she wed the 89-year-old tycoon. They met while she was a topless dancer at a Texas strip club.

    That battle is unresolved. The estate ultimately may go to Smith’s daughter, now 3.

    ___

    AP Entertainment Writer Anthony McCartney contributed to this report.

  24. JMA says:

    To the one [McShame Sizzles] who took my post #10 and put it over at the cesspool, guess which finger I’m {{{waving}}} at you? F’ing moron!

  25. Sammy1 says:

    LOS ANGELES – Anna Nicole Smith was so weak in her final days that she was being fed Pedialyte with a baby bottle, it was revealed Tuesday.

    Prosecutors dropped the bizarre bombshell as they laid out their case against Smith’s lawyer-boyfriend Howard K. Stern and two doctors, charged with conspiring to keep the Playboy model doped up on prescription drugs.

    Stern was out shopping for a boat when Smith’s nurse feared something was horribly wrong – and tried to perform CPR.

    She “was unresponsive, her lips were blue and her skin was beginning to be discolored,” Special Agent Danny Santiago said, recounting a July 2007 interview with nurse Tasma Brighthaupt, the wife of Smith’s bodyguard.

    The nurse performed CPR for at least 10 minutes in a soft bed – rather than on the floor, as recommended, prosecutors said.

    The testimony echoed the circumstances of Michael Jackson’s recent overdose death, where his doctor told cops he had tried to resuscitate the singer on his bed rather than a hard surface.

    Santiago said Brighthaupt was with Smith the morning of Feb. 8, 2007, because Stern said he “had to go see a boat.”

    Brighthaupt hesitated at first to try to wake Smith, Santiago said, because Stern had warned her not to wake Smith because she was sick with the flu and needed to rest.

    Stern later told cops Smith was so sick in the days before her death from an overdose that she was drinking Pedialyte from a baby bottle found in the hotel room.

    Brighthaupt told investigators she tried to find Smith’s pulse but couldn’t. She then called her husband to report the dire situation and started to perform CPR in Smith’s room at the Hard Rock Hotel in Florida, Santiago said.

    The bodyguard called a hotel employee to request paramedics, Santiago said, but it wasn’t until he arrived “10 or 15 minutes” later that “he lifted [Smith] off the bed onto the side of the bed by the floor” and took over performing CPR.

    The hotel employee who received the bodyguard’s distress call contacted a supervisor and had the supervisor place the call to paramedics, Santiago said.

    Smith, who never regained consciousness, was eventually taken on a gurney to a nearby hospital, where she was pronounced dead.

    Stern dropped his head into his hands and appeared overcome with emotion when the investigator described Smith’s death.

    An autopsy found she died of an accidental overdose of prescription drugs. She was 39.

    Stern, Dr. Sandeep Kapoor and Dr. Khristina Eroshevich face charges they funneled 44 different prescription drugs to Smith toward the end of her tragic life. They’ve pleaded not guilty.

    Santiago testified in detail about the cache of drugs recovered from Smith’s Florida hotel room, including chloral hydrate, diazepam, clonazepam, Carisoprodol, Topamax, Cipro and Tamiflu.

    Some of the prescriptions were made out to Stern under two different spellings of his name, the investigator testified.

    Eroshevich, one of the doctors charged, was staying in the room adjoining Smith’s and had prescribed or helped obtain many of the drugs, prosecutors allege.

    Santiago testified that a hotel employee found a local doctor to make a house call to Smith after she arrived Feb. 5 with flu-like symptoms, but that Stern canceled the doctor visit, saying he “didn’t want any leaks getting out about Anna’s physical condition.”

    Santiago was the first of many witnesses in a preliminary hearing expected to last at least two weeks before a judge who will decide whether there is sufficient evidence to order a trial.

    ndillon@nydailynews.com

    Read more: http://www.nydailynews.com/gossip/2009/10/13/2009-10-13_weak_anna_nicole_smith_died_of_overdose_while_boyfriend_howard_stern_shopped_for.html#ixzz0Tr3JEHI2

  26. Sammy1 says:

    LA Times:

    Prosecutors are expected to present evidence against three people they accuse of illegally providing controlled substances to Anna Nicole Smith, at a preliminary hearing that begins today.

    Los Angeles authorities charged doctors Sandeep Kapoor and Khristine Eroshevich as well as Smith’s boyfriend and lawyer, Howard K. Stern, in March with conspiring to provide her with controlled substances.

    All three have pleaded not guilty.

    In court papers, prosecutors indicated they plan to call as witnesses those close to the former Playboy playmate, including her bodyguard and Larry Birkhead, the father of her daughter, Dannielynn.

    Smith had prescriptions for 44 medications under at least nine aliases at the time of her death, according to unsealed affidavits accompanying warrants for searches of physicians’ offices and other areas. A Florida medical examiner found nine medications in her system and labeled her death the result of “acute combined drug intoxication.”

    Court papers show a pharmacist in Valley Village refused to fill some of the prescriptions. The amount and combinations of drugs alarmed the pharmacist, who later recalled thinking, “They are going to kill her with this.” He phoned Smith’s internist and said he had no intention of filling a prescription that amounted to “pharmaceutical suicide,” according to court documents.

    On Feb. 8, 2007, the 39-year-old model overdosed on prescription medication in a Florida hotel room.

    – Shelby Grad

  27. raven says:

    Beth 13 My question to Santiago would be : Do you have a Joint Defense Privilege with the O’uinn Law Firm ?

  28. raven says:

    Well, now that I’ve thought about my question, that wouldn’t be a defense privilege……..more like a joint Prosecution Privilege. : )

  29. Sammy1 says:

    Sorry I didn’t realize a new thread was started, I’ve been posting various articles on the previous thread. Oh well!!!!

  30. Aggie says:

    CNN????? Headline SPIN … I thought CNN was better then this …

    ——————————————————————————–

    Hearing begins for 3 charged in Anna Nicole Smith’s death

    By Alan Duke CNN

    LOS ANGELES, California (CNN) — A nurse sitting next to Anna Nicole Smith’s bed did not realize she had stopped breathing until a friend of Smith’s noticed her lips were turning blue, according to an investigator’s testimony Tuesday.
    The nurse, Smith’s bodyguard and paramedics were unable to revive the former Playboy model and reality TV star, who was later pronounced dead at a South Florida hospital, said special agent Danny Santiago of the California Bureau of Narcotics Enforcement.

    Santiago was the first witness Tuesday in what could be a three-week preliminary hearing in Los Angeles, California, for Smith’s companion and two doctors, all charged with conspiracy to provide drugs that led to Smith’s death on February 8, 2007.

    http://www.cnn.com/2009/SHOWBIZ/10/13/anna.nicole.smith.hearing/

  31. Rose says:

    Ken will move them over here to this thread Sammy1 so we can all enjoy them… thanks for sharing… :)

  32. Sammy1 says:

    Thank you Rose and Ken.

  33. BEVERLY says:

    I may be alone in this,but I would blame the stupidity of Tas and Moe,what kind of a RN would do what Tas did,?none,With Anna so sick and weak,you would have thought she would have checked on her at least once,and by the way,do not use the excuse Howard wanted her left alone to sleep.Once a very sick person is left in your care,to hell with what someone said,you are responsible.Do you think I would have called Howard first,NOT ON YOU LIFE,911 AND OUT.THEN hOWARD.Save your friend and pt,and worry about others matters later,I am in total disbelief,that Howard had Dr and a EMT and RN ,all three acted brainless.

  34. Lizzie says:

    By LINDA DEUTSCH, AP Special Correspondent Linda Deutsch, Ap Special Correspondent – 1 min ago

    “Stern’s attorney, Steve Sadow, sought to show that Smith was strong-willed and would have been in charge of her own medical treatment.

    Under cross-examination by Sadow, Santiago recounted a conversation he had with Arredando about her impressions of Smith.

    Reading from Santiago’s report, Sadow quoted Arredando as saying, “She was always the boss. She was in control of everything and everyone, everyone that traveled with her.”

    Asked if that included Stern, Santiago said he believed it did.

    Santiago acknowledged that Arredando was also asked if Smith’s “ditzyness” was an act and that Arredando said yes.

    Santiago also acknowledged none of the drugs found in the hotel were opiates.

    Sadow also sought to show that Smith suffered from seizures, and that an appearance on the 2004 American Music Awards in which she appeared to be drunk resulted from medication to control an episode.

    Santiago said he was told that by Stern. The witness also said Stern told him that Smith was in the process of reducing her use of methadone for back pain so she could stop taking it.

    Stern is named in all 11 counts of the complaint. The doctors each face six counts, including conspiracy, and if convicted could be sentenced to as much as five years, eight months in prison. It was not clear what sentence Stern might face if convicted.

    Smith died in the midst of a long legal battle to collect millions of dollars from the estate of her late husband, J. Howard Marshall II, owner of Great Northern Oil Co. Smith was 26 when she wed the 89-year-old tycoon. They met while she was a topless dancer at a Texas strip club.

    That battle is unresolved. The estate ultimately may go to Smith’s daughter, now 3.”

    ___

    AP Entertainment Writer Anthony McCartney contributed to this report.

    Posted at 7:47PM on Oct 13th 2009 by Howard Supporter

    Read more: http://www.tmz.com/2009/07/20/larry-b-and-dannielynn-swingers/151#comments#ixzz0TrinDeIZ

  35. Sammy1 says:

    Here’s the latest video from TMZ – Howard leaving the courthouse – paps are ruthless/cruel.

    http://www.tmz.com/2009/10/13/howard-k-stern-anna-nicole-smith-preliminary-hearing-drugs/#comments

  36. Beth says:

    Thank you Sammy for that link!

    O/T
    OMG! It is ABOUT TIME!
    http://www.washingtonexaminer.com/opinion/blogs/beltway-confidential/Judge-slaps-down-birther-madness-64107952.html
    “Birther leader Orly Taitz slapped with $20,000 fine”
    By: David Freddoso
    Commentary Staff Writer
    10/13/09 2:15 PM EDT
    “Thanks to her “frivolous arguments and disrespectful personal attacks” in court, the lawyer who leads the so-called “birther” movement has been slapped with a hefty fine today for abusing her privileges as a lawyer.
    In levying sanctions and a $20,000 fine against attorney Orly Taitz, Judge Clay Land wrote that Taitz’s most recent court filing, meant to defend herself against sanctions, “is breathtaking in its arrogance and borders on delusional.” “
    “…”
    “In the course of her second military case — which the plaintiff, an Army doctor, quickly abandoned — Taitz even alleged that Judge Land had met secretly with Attorney General Eric Holder in Columbus, Ga. Holder was thousands of miles away in Los Angeles on the day of the alleged ex parte meeting.
    Judge Land wrote that court precedent dictates abstention from matters related to the running of the armed forces except in very special cases. He also offered an acid reply to Taitz’s demands for further proof of President Obama’s birthplace:
    [P]erhaps the Court should issue a nationwide injunction that prevents the U.S. Army from sending any soldier to Iraq or Afghanistan or anywhere else until Ms. Taitz is permitted to depose the President in the Oval Office.
    Under the court’s order, Taitz has 30 days to pay the $20,000 fine. In addition to poisoning the public airwaves with the worst television interview of all time, Taitz and her kookery can also be blamed for ruining the careers of two soldiers whose naivete got the better of them.”

    * IMO THIS NUT SHOULD HAVE BEEN STOPPED A LONG TIME AGO AND DISBARRED TO BOOT!

    Well NCIS and all the other shows will be coming on in a few…
    So, I am off. Have a nice evening everyone.

    ps, I just slapped my own hand a minuet ago!
    WHAT WAS I THINKING?
    I went over to T to see what was going on, OMG! The out and out Defamation of HKS,
    the ‘lies with no facts to back them up blame’ just like O’Q got in trouble for!!!
    Are these people nuts?
    They also seem to be trying to find things to help the prosecution… pictures, statements…
    LOL they want to be untrained PIs just like DC’s friend, what was her name? Patsy?
    Now IMO those people SHOULD be in a blogger defamation case!
    ONLY WITH >> HKS, LB, DL being the PLAINTIFFS!!!!! ;)

    Be back tomorrow afternoon/evening…

  37. Beth says:

    Thanks Rose!
    I just saw this update in the article when I was shutting down!

    ** INTERESTING!!! ;)

    ” Last FINAL REAL LAST update tonight. Don Clark, Wilma Vicedomine and Tom Pirtle were all served today and tonight the last one just has been delivered to Houston the home of Wilma Vicedomine asking that all of them or to be in the California court on October 14, 2009 for the defense as hostile witnesses. Folks this is going to get GOOD as for as court room theatrics goes…

    Prediction is Renee Rose will be replaced by the L. A. D. A. office by Thursday, and the big question is why is Jerry Brown via the L. A. D. A. going for such a public preliminary hearing. As I said before you can get a grand jury to indict on a ham and cheese sandwich so why go this way and allow the defense to get a “feel” for the witnesses? That is the $64k question for tonight? “

  38. heath says:

    Thanks Rose for the updates. I have been running around all day today and just snatching peeks at the site as I can…..

    I remember that Anna was photographed with Hulk Hogan at the boxing match during this time that Anna was meant to be so ill so not all this is computing IYKWIM.. A picture is worth a lot of words…including the wash off tattoos she showed off in the photographs that night of Daniel and Danielynn

    I also remember that there was mention of a lot of business stuff not just the boat on that trip including an engagement ring.

    Was there any business re the Marshalls at that time frame as well?

  39. Beth says:

    Thanks Rose!
    I just saw this update in the article when I was shutting down!

    ** INTERESTING!!!

    ” Last FINAL REAL LAST update tonight. Don Clark, *ilma *icedomine and Tom Pirtle were all served today and tonight the last one just has been delivered to Houston the home of *ilma *icedomine asking that all of them or to be in the California court on October 14, 2009 for the defense as hostile witnesses. Folks this is going to get GOOD as for as court room theatrics goes…

    Prediction is Renee Rose will be replaced by the L. A. D. A. office by Thursday, and the big question is why is Jerry Brown via the L. A. D. A. going for such a public preliminary hearing. As I said before you can get a grand jury to indict on a ham and cheese sandwich so why go this way and allow the defense to get a “feel” for the witnesses? That is the $64k question for tonight? “

  40. Sammy1 says:

    Beth #39 – What wonderful news. I’ve seen Taitz on numerous shows. Think it was Chris Matthews who really gave to her one evening. Personally, I can’t stand listening or looking at her. What a waste of court time and tying up the airwaves with her nonsense. The fine of $20,000 isn’t nearly enough. Hopefully, commentors won’t give her any more time.You would think that BO has been vetted when he first went to Washington let alone when he chose to run for President. Wish these Washington people thought with their brains and not their agendas.

  41. kate says:

    Heath #41 Anna was at the boxing match and photographed with Hulk Hogan in Jan 2007. I’m sure you knew this already though. JMO

  42. heath says:

    #44 I knew I was not sure and should have googled..a month out with Hulk..but I remember the chatter about other business as reasons for trip not just the boat. It is all so long ago now.

  43. kate says:

    Santiago said registered nurse Tasma Brighthaupt, the wife of Smith’s bodyguard, was seated at her bedside at one point but did not notice Smith’s lips were blue and her body was discoloring UNTIL SOMEONE ELSE arrived and pointed it out. He said Brighthaupt thought Smith was sleeping.

    BY THE TIME paramedics were called, he testified, the bodyguard had arrived and started CPR. Stern had left Smith that day to look at a boat, Santiago said.
    ……………………….

    Still the big question WHY DID IT TAKE THE NURSE SO LONG TO CALL 911? What was she DOING, that made her unable to notice a problem, as she sat bedside? Only to have someone else who is NOT a Registered Nurse, say I THINK THERE’s something wrong!!! and Why did the bodyguard arrive BEFORE paramedics? What is the the true timeline? Too many soundrels in Anna’s life! JMO May she and her son RIP and be the Angels for Dannielynn and Howard. JMO

  44. pixiesmom50 says:

    my question is the HS have more charge than the Doctors I hope that will be clear to the judge that they out to get HS and I also hope that he will be just like judge D Chan and not like LS or TX judge.

  45. kate says:

    heath says:
    October 13, 2009 at 10:50 pm
    #44 ……..It is all so long ago now.

    Yes it’s been so long now, I just would like it all settled and the truth, as I’m beginning not to care. Though I’d like to see all those, greedy, money hungry
    and 15 minuters set in their place. jmo

  46. Beth says:

    HOSTILE WITNESS

    http://dictionary.lp.findlaw.com/scripts/results.pl?co=lawcrawler.findlaw.com&topic=24/24da2ee6bad027d54b04c00c8838b101

    “adverse witness : a witness who is called by or associated with an opposing party or who by statement, conduct,
    or other evidence (as of relationship) shows bias against or is injurious to the case of the party by whom the witness is called
    Example: sought to have his witness declared an adverse witness subject to impeachment
    (called also hostile witness)”

    “(see also leading question at question § 1)”
    ~~~~
    http://dictionary.lp.findlaw.com/scripts/results.pl?co=lawcrawler.findlaw.com&topic=ae/ae3f5f10f2bc64c7bec77f890b3fb3b8

    “leading question : a question so framed or presented as to suggest a particular answer
    Example: leading questions should not be used on the direct examination of a witness except as may be necessary to develop his testimony -
    - Federal Rules of Evidence Rule 611(c) “
    “Note: Leading questions are permitted in direct examination of an adverse witness or one who is a child or has a communication disorder.
    They are ordinarily permitted in cross-examination. “
    ~~~~
    ‘A COMMUNICATION DISORDER’…. ‘SHOWS BIAS‘, ‘INJURIOUS’…
    — Either that, or a plain; OUT & OUT LIAR! jmho of course
    ~~~~
    http://en.wikipedia.org/wiki/Hostile_witness
    Hostile witness From Wikipedia, the free encyclopedia

    “A hostile witness is a witness in a trial who testifies for the opposing party or a witness who offers adverse testimony to the calling party during direct examination.
    A witness called by the opposing party is presumed hostile. A witness called by the direct examiner can be declared hostile by a judge, at the request of the examiner, when the witness’ testimony is openly antagonistic or clearly prejudiced to the opposing party.
    A party examining a hostile witness may question the witness as if in cross-examination, thus permitting the use of leading questions.
    A hostile witness is sometimes known as an adverse witness.”
    ~~
    http://en.wikipedia.org/wiki/Cross-examination

    “The main purposes of cross-examination are to elicit favorable facts from the witness, or to impeach the credibility of the testifying witness to lessen the weight of unfavorable testimony. Cross-examination frequently produces critical evidence in trials, especially if a witness contradicts previous testimony.”…

  47. heath says:

    just read this article

    http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9BAP8SO0

    Back to Google News
    Father of Anna Nicole Smith’s baby due to testify

    By LINDA DEUTSCH (AP) – 53 minutes ago

    LOS ANGELES — The father of Anna Nicole Smith’s daughter is due in court to testify at a preliminary hearing in the case involving the celebrity model’s drug-overdose death.

    Defense attorneys said they had been notified by the prosecution that Larry Birkhead, the musician who proved he was the father of Smith’s daughter by DNA testing, would be among those called to testify Wednesday — the second day of a preliminary hearing for two doctors and Smith’s former attorney-boyfriend, Howard K. Stern.

    Dr. Sandeep Kapoor, Dr. Khristina Eroshevich and Stern are charged with conspiring to illegally provide Smith with controlled substances before her death. The three have pleaded not guilty to the drug charges. Their lawyers maintain they are blameless in the death of a strong willed woman who directed her own course of medical treatment.

    It was unknown what information Birkhead could add to the story of Smith’s death. Defense attorney Adam Braun said that an audio recording of authorities interviewing Birkhead was turned over to him recently. He said he had not had time to study it and would ask to delay Birkhead’s testimony.

    Birkhead has been raising Smith’s now three-year-old daughter, Dannielynn.

    Also on the witness list for Wednesday are the bodyguard who tried unsuccessfully to revive Smith when she was found unresponsive in her bed at a Florida casino hotel on Feb. 8, 2007, and a toxicologist who analyzed the drugs in Smith’s body.

    Her death at age 39 was ruled an accidental overdose.

    Tuesday’s single witness, California Department of Justice investigator Danny Santiago, painted a portrait of Smith in her final days as being ill, confused and isolated in a hotel room with a cornucopia of prescription drugs.

    He offered evidence he collected from Florida authorities and others about the drugs she was given and the many fake names that were used to get them for her. He said some were in the name of her lawyer-boyfriend, Howard K. Stern.

    Prosecutors allege Smith was victimized by her boyfriend and doctors who provided her with a lethal amount of prescription drugs. However, when Deputy District Attorney Renee Rose suggested they might have caused her death, Superior Court Judge Robert J. Perry stopped her line of questioning.

    “There is not a murder charge,” Perry said. “The cause of death is not an issue.”

    Smith’s autopsy concluded she died of “acute combined drug intoxication,” and the drugs involved were chloral hydrate combined with Benadryl, clonazepam, diazepam and lorazepam. Clonazepam and Soma, both muscle relaxants, and the sedative diazepam were among medications found in her hotel suite.

    On Tuesday, Rose played a video of Smith’s appearance on the 2004 American Music Awards in which the flashy blond introduced Kanye West, calling him “a freakin’ genius” in a performance noted for her slurring words. Some thought she was drunk but Stern’s attorney said she had taken the medication diazepam for a seizure she had suffered.

    “Video is video,” Sadow said later outside court. “We’re not running from it. It’s what she was on that day. It just depends on the context of why she was that day. We all have bad days.

    “She had medical problems,” he said. “If she’s on medication for that, that would explain her activity.”

    The preliminary hearing is to result in a determination by the judge of whether there is enough evidence for the three defendants to stand trial. Stern is named in all 11 counts of the complaint. The doctors each face six counts, including conspiracy, and if convicted could be sentenced to as much as five years, eight months in prison. It was not clear what sentence Stern might face if convicted.

    Copyright © 2009 The Associated Press. All rights reserved.

  48. flowerz says:

    2261. Just as an Update – The SC Case.

    A Fifth Amended Scheduling Order was issued today giving the Plaintiffs until 10-30-09 to add the names of John/Jane Does to the lawsuit. ?

    Posted at 10:03PM on Oct 13th 2009 by Only swim in the Ocean

    Read more: http://www.tmz.com/2009/07/20/larry-b-and-dannielynn-swingers/151#comments#ixzz0TutNzDLC

  49. Ken says:

    New article up
    plus, more docs have been coded in and ready for dl.

  50. Rose says:

    COMMENTS TO THIS ARTICLE IS NOW CLOSED THE LAST TWO WILL BE MOVED TO THE NEW ARTICLE FOR OCTOBER 14 PRELIMINARY HEARING ARTICLE

    Thanks susieq good find, good questions Ruby-Z I think the state has said that numerous witnesses are going to testify that Anna Nicole Smith was already ill with a high fever before she left for Florida on February 5, however let me check that out again for you.

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