Howard K. Stern and the two doctors in California day Two as it Happens!
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This will be only a half day session from 8:00 AM to noon in the California Court where the Preliminary hearing is being held for Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich.
Witness of the State of California expected to be called today is first a toxicologist to explain the interactions of Anna Nicole Smith’s various prescriptions medication and the way the interact and to firm up the state’s case that any prudent doctor would have known Smith was taking a lethal combination of prescriptions. We have now learned from the AP this morning that the toxicologist is Dr. Harold Schueler, the Broward County coroner’s chief toxicologist. He testified under cross examination by one of Stern’s attorneys that; “Anna Nicole Smith’s poor health in her final weeks may have complicated her reactions to drugs prescribed by doctors now facing charges. He confirmed that Smith was suffering from a bacterial infection before she died. He said in court today that could have affected her sensitivity to drugs she received for pain, anxiety and sleeplessness.”
Also scheduled is the body guard Maurice Brighthaupt, “Big Moe” and Larry Birkhead, although Adam Braun, attorney for Dr. Eroshevich says he will ask that Birkhead testimony be postponed because he had only recently received an audio tape of the interview that State Investigators had with Larry Birkhead about the prescription drugs and the drug use of Dannielynn’s mother, Anna Nicole Smith.
Big Moe, Maurice Brighthaupt, Anna Nicole Smith’s body guard for several years has just laid out today’s bombshell in court and now has the press running to get cameras in place and TMZ to start rolling live coverage outside of the court room. I have been told he is coming across very credible by one court observer and has been on the stand about an hour. Moe is testifying that he saw Howard K. Stern in the bathroom “cooking up drugs in a spoon” and then injecting them into Anna Nicole Smith, more on this as we find out, and everyone thought this would be a dull half day testimony.
In a Houston court this morning one of Virgie Arthur’s attorney,Tom Pirtle, and Wilma Vicedomine are expected to ask a judge to stay the subpoenas for them to testify in the preliminary hearing as “hostile witnesses” for Howard K. Stern. We will keep you posted as to how this turns out as well. I have been told that the team for Ms. Arthur sees this as harassment to keep anyone from her team out of the court where now they can not observe the court proceedings to let her know as she remained in Texas how the Preliminary hearing is progressing. We have now been able to verify that Don Clark, Tom Pirtle, one of Virgie Arthur’s attorneys and Wilma Vicedomine will be present for court in California on Tuesday, October 20. The strange thing about that is that there is NO COURT on Wednesday, October 21, so could that be a vacation day for these three witnesses being called by Howard K. Stern’s legal team?
We do not know where Neil McCabe and Don Clark are today or if Don Clark has been asked to stay over to testify later in the week in the preliminary hearing as we get information on that we will keep you updated.
Expect today to go for the state and the prosecutors after a jerky start yesterday, I predict Renee Rose will make a quick come back today and now she has had time to study the defense lawyers strategies and each of their style in this Preliminary Hearing. Danny Santiago is now finished setting the frame work for the rest of the state’s witnesses.
Several court observers said yesterday that Ms. Barth was back and in tight pants again with the gallery of about 65 people getting a good look at the pants riding up in the crack of her behind. Someone should tell her to get a size bigger and to be aware of what she looks at to the gallery which are the majority of who is in the courtroom. Ms. Barth was also described as hugging and “hanging off” of Neil McCabe before the hearing started yesterday.
FINAL UPDATE FOR OCTOBER 14 IN STATE OF CALIFORNIA VS. HOWARD K. STERN AND THE TWO DOCTORS
Tomorrow will be the cross-examination of Big Moe, Maurice Brighthaupt, Anna Nicole Smith’s one time body guard. Following that will be Larry Birkhead who just recently gave the state a statement on the record that the state has now turned over that tape to the defense. It is predicted that the whole day will be taken up by just these two witnesses. One of our court observers said Stern looked like he wish he was dead, another observer said he just shook his head no, bit his nails and wrote on a legal pad.
Court will resume tomorrow at 8:30 AM, wonder if we should expect a new bombshell daily in all of this?
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.
©Rose Turner
October 14, 2009
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Tags: Adam Braun Esq., Agent Danny Santiago, Anna Nicole Smith, Big Moe - Anna Nicole Smith's body guard, Celebrity Trials, Chris Smith Esq., Daniel Smith, Dannielynn, Don Clark, Don Clark ex-FBI, Dr. Eroshevich, Dr. Kapoor, Dr. Khristine Eroshevich, Ellyn Garafalo Esq., Estate of Anna Nicole smith, Ford Shelley, G Ben Thompson, Harvey Levin, High Profile Trials, Hollyweird Criminal Justice, Hollywood Criminal Justice, Howard K Stern, J. Christopher Smith Esq., Jack Harding, Jackie Hatten, John J. Nazarian, John J. Nazarian P. I., Mark Speer, Maurice "Big Moe" Brighthaupt, Maurice Brighthaupt, Neil McCabe, Renee Rose L.A assistant D. A., Rose Speaks, Steve Sadow Esq., The O'Quinn Law Firm, TMZ.com, Virgie Arthur
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Here’s LA Times article
http://www.latimes.com/news/local/la-me-anna-nicole14-2009oct14,0,4594456.story
If at first you can’t succeed, try, try, again…That’s my opinion of this prelim in a nutshell.
Here is excerpt of an article explaining a few interesting things about CA preliminary hearings:
If a defendant so chooses, the hearing must occur within ten court days of his arrest. Blake, however, chose to formally waive the right to have the hearing occur quickly. That was wise – his attorneys needed time to prepare and conduct their own investigation. In addition, a later hearing, from their perspective, meant a better preview of the ultimate case the prosecution intended to present at trial.
A preliminary hearing resembles a criminal trial in many respects; indeed, there are only a few procedural differences between the two. Nevertheless, these differences are extremely significant.
The most notable dissimilarity is the burden of proof. At trial, of course, the prosecutor must prove a defendant’s guilt beyond a reasonable doubt. But at a preliminary hearing, the State needs only to present evidence sufficient to convince the court there is probable cause to hold the defendant to answer to the charge.
When is a probable cause showing sufficient, in this context? This anthill of a threshold is met if the judge or magistrate is able to entertain a “strong suspicion” of the defendant’s guilt.
The Devolution of the Preliminary Hearing in California
The theory behind the preliminary hearing is to weed out unfounded charges at an early stage in the game. As a practical matter, however, prelims have evolved into little more than pro-forma drills. The result – that the charges against the defendant are left to stand, for probable cause has been shown – is typically a foregone conclusion.
How did this change occur? The answer is that prelims’ original purpose has been largely voted away by tough-on-crime California constituents. To take perhaps the most drastic example, in 1990, Proposition 115 – now part of the California Penal Code – became law.
Proposition 115 permits even hearsay statements to be admitted during a preliminary hearing when such statements are testified to by properly trained law enforcement officers. That’s true even though such statements will ultimately be inadmissible at trial unless they fall into a hearsay exception.
It’s important to remember that hearsay is prohibited at trial for a good reason: When a witness claims to be repeating what someone else said, then the defendant is stuck. He cannot effectively cross-examine the person who supposedly actually made the statement; they are not on the stand. And the person who is on the stand can just keep repeating, “Well, So-and-So told me that.”
The combination of the low “probable cause” threshold and the ability to present hearsay evidence makes the prosecutor’s job, during the prelim, very easy indeed. Thus, the machinations of most pretrial proceedings are, for the most part, mundane. But Blake’s was not all mundane, it turned out.
Read more: http://writ.news.findlaw.com/commentary/20030317_spilbor.html
I’m curious as to who said Anna was very ill prior to leaving the Bahamas. Couldn’t she have had a dehydration problem not related to illness? She was taking a strong diuretic for fluid retention during that time and may have developed an imbalance of some sort. Gerlene Gibson was at Horizons with Anna just before her and Howard left for Florida, and said Anna appeared perfectly fine and healthy. She stated that Anna was playing with the baby, kissing her all over from head to foot, and that they had a nice chat, although Anna made a strange remark about fearing that her plane would crash. Also a neighbor said she saw Howard and an “exurberant” Anna walking to their vehicle, happily laughing and joking together, before leaving. We were told previously that Anna first showed signs of illness during the limo trip to the Hard Rock.
As for Dr. Eroshevich seeking out a doctor to come to the hotel, wasn’t that just to write prescriptions since she was supposedly not licensed to do so in Florida? As a fully qualified physician Dr. Eroshevich should have been quite capable of conducting an examination to assess Anna’s medical state. The infected abcess Anna had was not visible on the surface of the skin so no matter what doctor was examining her that still may not have been detected. It would still have been the hospital where Anna should have gone for actual tests. Dr. Eroshevich stated that she was comfortable going back to California the evening before Anna’s death because there had been significant improvement in her condition and she believed Anna was merely recovering from the flu.
I wonder why OQ can’t just use that private plane that was used to fly VA to the Bahama’s? Seems like with her income, she is able to afford a trip to CA, since she was able to stay at least a month in the BA…..seems like an awfully flimsy excuse, imo.
Also, for those who do not have ‘junk in their trunk’, I can tell you from experience that a size larger pants do not hide the ‘trunk’. Maybe Ms. Barth needs to see if they still make girdles to hide her ‘junk’, and then she can look like she does not have a crack in her butt…she can look like an old woman with a flat butt.
#4 flowerz You cracked me up (pardon the pun), that trunk and junk comment gave me some much needed laughter … thanks…
#Ruby-Z I have been told there is going to be several witnesses that will testify that Anna was very ill before leaving the Bahamas one will be “Big Moe’ to testify today… you have to take into consideration that he was told he could “go down with the rest of them” before…
I have also been told to pull Big Moe’s interview from Larry King Live from Feb. 23, 2007 in which was one of the ONLY time any of ANS entragage said during an interview she was sick prior to leaving the Bahamas.
Another tidbit I was told that ANS had a “grandma seizure” is that the right way to spell it? the night before the 2004 awards so she was given (at a doctor’s instruction) an extra dose of the anti seizure medication, that she had gone 36 hours without sleep and was having anxiety attacks about appearing for the first time since losing so much weight… I hope we get that clarified through this run through practice trial.
Good Afternoon everyone,what is getting a bit pathic,is WV,she injects herself,in every aspect of every case,that is in court,then try;s to wiggle out of giving testimony.I do not like how she was playing around the bloggers,making believe she knew everything going on in every case,now she can open her mouth in a court of Law,and she is trying to get out of it (just a plain old troublemaker)MaCabe it appears has been using Vice to stir up trouble,.Moe and Tas actions on the day Anna died is apprehensible.Tas was a trained nurse,she had a license and Moe also,There actions are one even a student would not make.All I am seeing is a man(howard) that took the word of a doctor,and did what was asked,I see NO INTENTION WHATSOEVER to harm Anna.
#2 susieq GREAT find and good information, thanks…
So why have preliminary hearings anymore in a state that is bankrupt?
grand mal seizure
We have now been able to verify that Don Clark, Tom Pirtle, one of Virgie Arthur’s attorneys and Wilma Vicedomine will be present for court in California on Tuesday, October 20.
I hope someone will say what the grandmal seizure was caused from,I would love to know the CAUSE of those seizures.If Anna had a CAT SCAN of her brain.She was not having seizures for no reason.Was there a problem in the family as Vergie had a aneurism.
A Florida toxicologist who investigated the drug-overdose death of Anna Nicole Smith has testified in Los Angeles that the model’s poor health in her final weeks may have complicated her reactions to drugs prescribed by doctors now facing charges.
Harold Schueler, the Broward County coroner’s chief toxicologist, testified Wednesday that Smith was suffering from a bacterial infection before she died. He says that could have affected her sensitivity to drugs she received for pain, anxiety and sleeplessness.
http://www.mercurynews.com/california/ci_13559533
Looking at the coverage it seems that Anna’s life and her health are under the microscope.
But it shows she had health issues and wasn’t a drug addict that should have no medication given to her.
No addictive opiates were found in her room in anyone’s name !
Toxicologist says infection might have affected her sensitivity, I think it would have affected her quite a bit.
Was Anna an Epilepitic? or were the seizures a random thing?
But it is very invasive to be looking at someones health history like this.
Thanks everyone for the information and updates
She also suffered from seizures caused by a possible infarction in her brain and exacerbated by stress. (didn’t something show up in Perper’s autopsy about something in the brain that could cause seizures?) If so it makes you wonder why a CAT Scan was never performed on her or if one was but everyone around her was respecting her right to medical privacy.
[...] about Howard Stern as of October 14, 2009 Howard K. Stern and the two doctors in California day Two as it Happens! – rosespeaks.com 10/14/2009 This will be only a half day session from 8:00 AM to noon in the [...]
Rose,I would love to know how long Anna had a infarction in her brain,with stress related problems,I would love to know if Vergie knew of this problem,thus creating ,more stress for her daughter by Not answering the phone when Anna called and then going on TV,Vergie was not predicting she was causing,ANNA demise.Just heard MOE was on the stand stating he saw Howard inject Anna 5 times,Unless the judge is stupid you would know If Howard was being sneaky ,he would make sure there were NO WITNESS.Howard lived with Anna,who else would do it,
Beverly I just updated now with Moe’s testimony now TMZ (cough cough) is reporting that in 2004 at the Music awards ANS was high on Ecstasy and Cristal Meth.
flowerz [4] you are too funny with your ‘junk in their trunk’ comment. You know it could be as simple as buying her pants a tab bigger and wearing thong undies ;-)
Hell not everyone can have a happening booty like J Lo
flowerz [4] read the excuses the cesspool Trolls were coming up with concerning VA not being in CA and like you already pointed out the excuse/excuse’s are flimsy due to nothing prevented her from taking the trip to the Bahamas.
Funny how Big Moe has changed his tune I remember how at one time he was very supportive of Howard. Wonder if like you said Rose #6 “he was told he could “go down with the rest of them” has anything to do with what he claimed in court today, supposedly witnessing Howard “cooking up drugs in a spoon” and then injecting them into Anna.
http://www.tmz.com/videos?autoplay=true&mediaKey=e0ba4e9f-7505-443d-97b7-1845429c9e11
Perhaps JMA that is the reason they asked for all of Don Clark’s deposition to use under cross examination???
My question unless you knew what you were doing and had “experience” you don’t just know how to “cook up drugs”… most of us would have no idea how to even begin to do that…
Lizzie I am on dial-up what is it saying?
Thanks Lizzie!
Just over six minutes of Steven Sadow speaking… Great intelligent remarks to the press I thought!
So, tomorrow it may very well be shown just HOW MUCH MONEY Moe got possibly paid to CHANGE HIS TUNE… and try to make a simple B-12 shot into something nefarious…
It will ALSO come up tomorrow JUST what Moe stole and WHY the rift now with HKS…
Put that man in a POLYGRAPH! Not that the Court would use the information but it would SHUT UP those ignorant vas supporters actually believing that CRAP!
It is not true, if it was and Moe was there… HE WOULD HAVE TOLD THEN!!!
B-12 that is all, and the doctor I am sure showed them how to inject that, a small injection like insulin.
I am not in agreement at all about us lay people critiquing anyone’s size of clothing… Just interested in WTH is going on in Court. jmo on any offensive observations that really in my mind do not seem to be warranted…
Rose [22] is there something in Clark’s deposition that may contradict Moe’s testimony today or at least the drug thingy. IMO Big Moe’s testimony concerning “cooking up drug” is BS and you are right Rose only someone with the experience would know how to do something like that and I doubt seriously Howard was/had experience in “cooking up drugs” again total BS on Moe’s testimony.
Well,as I have been saying Anna got her head start,with all kinds of meds,long before Howard,Vergie could not and would not help her own daughter,when it counted the most, now because Howard was with her,does not mean he could control Anna any better than Vergie.Anna was very unhappy,because her mother did not show ANNA ANY LOVE,The root of Anna”s problem was her mother,and Vergie knew that.The last dirty trick from Vergie to hurt Anna proved to be the point of NO RETURN.No matter what Howard did,Vergie made damn sure she continued to hurt her daughter.Anna habit was formed in 1995,and as long as VERGIE continued to BE A (B) TOWARD HER DAUGHTER ,Anna could not pull herself out of her hurt
Beth [23] I hope you are right in reference to whether Big Moe was paid and how much in order to change his support of Howard.
PS,
Sorry if I offended you with my remark on the dressing attire it was hard to pass up you know like adding a little humor after all the seriousness.
For the record, I do not believe the part about Krista “hugging and hanging off” McCabe, I think that is gossip. IMO she is professional and would not do something like that in or around a courtroom.
NP JMA…
That too (the hugging) got to me worse I think than the pants…
Naw… no worries. Bad day today, that is all.
Be back tomorrow.
flowerz, should you be reading here, oh boy did you strike a nerve with you know who when you downed her convict man ;-) applauding you girl don’t know if that was your intent to piss off you know who but it was awesome. What was so funny was she made it so obvious that your comment concerning her convict man got to her due to her unintelligent response to you.
Beth [27] hope you have a better day tomorrow, here have a cyber hug.
I know it has been a long time ago and my memory gets worse with each year, but didn’t Moe say during one of his interviews that FS offered him a large sum of money(I want to say $500,000) to help him to get into the Horizon? Maybe I dreamed it, but it sure seems like I remember him saying that at one point after they broke in and took Anna’s stuff.
I don’t know anything about ecstasy, never seen any and if i was ever around anyone on it, I certainly didn’t know it. But, I have been around people who use meth and it does not make them act like Anna was acting. It hypers them up and keeps them up for days, but it doesn’t make them act like the way they say Anna was acting. I agree, it takes a really street smart person to know how to cook drugs and inject them. i do not believe one word out of moe’s mouth, and i hope Sadow chews him a ‘wedgie’ tomorrow when he gets ahold of him!
Do they cook ecstasy, too, or just the meth?
Yes, JMA, I meant it just the way it was taken. After i told her to shut up….I left and went to town, so I missed all of it! LOL When I got home they had cleaned house again. All the threads are gone again,,,I think someone must have sent them a message to clean it up after those warrants. Did you see the one where one of them had checked into my family tree? That fool doesn’t know that is not my family, I’m just an ex in law! I still don’t know who she thinks she found. Also, they googled to see if I had a myspace…i opened the alert and there were hendricks galore on there, and there was one with the name helen, but like i have told them a thousand times before, I do not have any kind of myspace, no facebook…no thinking. They want my picture is what they are looking for, they already know the rest of my business.
I have just watched ET and they mentioned Moe saying he saw Howard inject Anna,and drink CH out of the bottle.Well my first question to Moe would be,Why did you not question Howard about what med he was giving Anna,and if you felt someone was wrong,why did you not report it right way to the police, Also they did mention and showed Larry Birkhead saying when Anna did not have enough meds in the hospital Howard would give Anna the duffle Bag,AGAIN I will say,there are blood test done every day on a pt that has had a C/Section.they would have known if Anna had any drugs other than what they prescriped.ALso all these people who were so concerned about Anna drug intake,and NO ONE DID ANYTHING ABOUT IT.INCLUDING MOMMIE.
Dear Beth—Hope you have a good night sleep,everything God willing will be better tomorrow and just like JMA WE WILL GIVE YOU A big group hug, take care
#23 Beth on this part “I am not in agreement at all about us lay people critiquing anyone’s size of clothing… Just interested in WTH is going on in Court. jmo on any offensive observations that really in my mind do not seem to be warranted…”
Ok full disclosure here… when I was 21 and weighed 92 lbs (been a long time since either of those days) I wore a size 9 pants.. no boobs but always LARGE hips, thank God there are hip guys out there and not all “boobs”….
What I have a problem with is the “whole picture” this is the 2nd time I have heard from more then one person in court that Ms. Barth not only hugs McCabe but “hangs off of him” and then there is a tad of the problem of her having dinner with him after a tough day of depositions in one of the civil suits they both happened to be opposing counsel at….
I know a lot of lawyers who slug it out in court and then go out to eat, talk about what time is golf on Sat. .. etc…
I just find this whole visual picture VERY disturbing on multiple levels for me…
http://www.radaronline.com/exclusives/2009/10/howard-k-stern-seen-injecting-anna-nicole-smith-%E2%80%9Cfour-or-five-times%E2%80%9D
http://www.eonline.com/uberblog/b148918_more_shocking_revelations_in_anna.html
http://www.etonline.com/poll/2009/10/79719/
http://www.usmagazine.com/celebritynews/news/patti-stanger-20091410
#26 JMA “For the record, I do not believe the part about Krista “hugging and hanging off” McCabe, I think that is gossip. IMO she is professional and would not do something like that in or around a courtroom.”
Sorry hon. I hope you all know I am not a gossip for the sake of gossiping, However after I heard that more and more I have checked this part out with MORE than one source NONE knowing I was talking to someone else and all of them on different sides of this mess… which is one of the reasons you will always see me refer to her as Ms. Barth and you will never see me tag an article where she gets one google hit from this site and it has been that way since March… I have known about the behavior since Jan. and way before she went bar hopping with LB… It takes a lot for me to just write off someone as ………… well I won’t say that
If you have good sources you have to hear the good, bad and ugly and then vette it with some other ppl and then vette it with some others and then some others… and then you have to ask other sources Mmmmmmmmm did you see anything going on before the hearing started and then listen…
Daniel was not in court Tuesday or today he could not make it… let’s hope he feels better soon and can bring us some commentary from the court house this week…
Rose [36] oh no I know you are writing what is being told to you, I only took it as courtroom gossip.
flowerz [31] no I did not see the post where someone checking into you and your family history but I’ll give you three guesses as to who it is/was and the first 2 do not count. One that is totally f’d up and two what the hell do think they are going to use what they think they found for? Yeah it is the same as when they thought they knew/know who I am outside of the Internet.
Rose~~ seriously if Barth is really hanging or hugging on McCabe in or around the courtroom then that is not only tacky but inappropriate especially due to she is one of the Defendant’s Attorney in other cases. I am truly appalled [look Ken I spelled it correctly he-he] to hear that it has been said/witnessed by others.
This is the best I could do in transcribing the TMZ posted interview with Atty Sadow. It was impossible to hear the questions but the answers are self-explanatory.
Will address these matters on cross-examination tomorrow and be able to show I believe he has motivation for speaking falsely.
Not up to me to decide and can put forth enough evidence to show that his statements in the past and what he has obtained monetarily since those statements has changed his position.
Lot of it has to do with evidence or items wrongfully taken from the Anna Nicole estate and there was a bitter battle to get those items back from Mo.
My take was any person with common sense, if you have low concentrations of the prescription medication below or bottom of therapeutic level that would suggest that they were not excessively taken or abused.
That’s the testimony of this witness. With cross-examination tomorrow I think I will be able to show that there are reasons why to call that into serious doubt.
When they say there were injections you all assume there were injections. You all assume what comes out of this witness’ mouth must be true I am going to show you tomorrow that what comes out of his mouth is not necessarily true. Because he has made totally and inconsistent statements in the past and since then has been paid to say something different.
I can say prescription medications were never injected by Howard K. Stern into Anna Nicole. She got B-12 injections everybody knows that. There were no prescription medications that were wrongfully injected by anyone.
Mr. Birkhead and Mr. Stern have had their difficulties in the past. Mr. Birkhead will do his very best to be a truthful witness. I have full faith and confidence he will do that.
All I can do is show you is why he might not be correct and truthful. He had a very good memory for things within the first two or three months of Anna’s death and things have changed and have gotten much more fuzzy over time. We will be able to pinpoint when his hostilities reached their high point and how much money he was paid after that.
This judge has one job. He is supposed to determine whether the charges that are in the complaint are being proved for the purposes of a preliminary hearing. He is very efficient and economical type of judge. All he wants is for the parties to get to those issues. Put up the evidence that he supports or rejects it and move on. He’s not much at this stage for hearing the stories. That is for another time.
Tomorrow you will hear prior statements this witness made on national television on more than one occasion in reference how Howard K. Stern treated Anna and then you will have a chance to compare those against what you heard today.
Howard K. Stern loved Anna he was concerned about Anna’s welfare. That’s why he wanted to make certain the doctors prescribed the right medication. He was always with Anna and was his hope Anna would take medication she was suppose to control her pain. She needed to manage her pain.
If there was ever a time everyone was concerned it was after Daniel died. Anna had gone into state of despair and depression that people worried about her physical and mental well being,
#30 flowerz “Do they cook ecstasy, too, or just the meth?”
Ah anyone here know the answer to this??? If not maybe someone can volunteer to go to that “site” and ask? From “gossip” not verified with anyone…..
I am off to have dinner and then watch Criminal Minds… CYA later if I hear anything else I will let you know
And who ever asked about the offer of $500k from Shelley for access to the Horizons when HKS and ANS was gone, wasn’t that like right after her death on one of those shows??? Two and 1/2 years is REALLY a stretch for me to remember who said what, however “Moe, Shelley offer $500K” I do remember
Sammy1 [40] thanks for sharing that. You know Sadow is right and just as I stated earlier Moe was supportive and had positive things to say about Howard after Anna died. I questioned what changed with Moe and I wanted to say money but I wasn’t sure but now, WOW I can’t wait until Sadow cross examines Big Moe tomorrow.
OK Lets not forget what Big Moe has said in the past, on National TV
http://transcripts.cnn.com/TRANSCRIPTS/0702/24/lkl.01.html
Encore Presentation: More On The Battle Over Anna Nicole Smith’s Body; The Bodyguard Speaks Out
Aired February 24, 2007 – 21:00 ET
What do you make of all these people coming forward now — I knew her, I loved her, I liked her?
“BIG MOE”: It’s — it’s funny to me because last night I stayed up, I don’t know, until like 3:00 or 4:00 in the morning just watching different shows, trying to figure out if someone is going to say something nice about the whole situation over there.
And it seems like everyone is blaming Howard to being some type of control freak. But I’ve been there and I know Anna was very conscious of everything she had to say. Everything — every decision she had, it was from her own mind.
BIG MOE”: Anything is possible. But I’ll tell you one thing. I asked Anna personally. I said, I said, “Anna, baby girl, who is the father?”
And she looked at me in my face and said, “Moe-Moe, Howard’s the father.”
Now… KING: But if she — if she had more than one relationship, she wouldn’t know, would she?
“BIG MOE”: She said, “Moe-Moe, Howard is the father.”
Now, I can tell you that Howard, when he is around that baby, he treats her like gold, just like — as a matter of fact, he treats her like platinum. He treats Anna like gold, close to platinum. They almost as one. And that’s when you know that would make a good father. If you — if the father really loves the mom, which Howard really does love this mom, love Anna, you know he’s going to take care of the baby like it’s his own.
#40 Sammy1 Thanks hon. I so appreciate that I hate being on dial-up makes videos and you tube IMPOSSIBLE… I so much appreciate you taking the time I know that required to do that for those of us, or at Ken and me who are stuck on dial-up…
You’re welcome Rose. I must give kudos to those who transcribe as a profession.
I enjoy Criminal Minds as well. Just heard on ET, the new show “the forgotten” is on life support.
OH NO and I love “the forgotten” just watched it last night it is a good show… I hope it makes it through ok…
43
AJM
Was that last little bit of that last sentence a “freudian slip” I wonder. I personally have never thought that HKS thought for one minute it was really his baby.
More info – Harriett Ryan of LA Times
http://latimesblogs.latimes.com/lanow/2009/10/bodyguard-testifies-that-annanicole-smiths-drug-use-increased-after-sons-death.html
thanks Sammy1 it does seem like the D. A. is trying a murder case and not the conspiracy to prescribe and administer “prescription drugs” to a known addict doesn’t it… is the reason for the public hearing for the media attention and not what the doctors or HKS might have done??
Rose, there is no conspiracy just bad practice by medical professionals. At least this judge is alert not like some we experienced in the past 2/3 years. I do agree with your statement, it appears prosecution is trying a murder case and not one of conspiracy. It’s probably a fine line between the two but the judge is staying on top of it. If the DA continues on this path, this will be dropped. Thursday will be another interesting day. Sure wish it was being televised.
AJM, Thank you!, I am thinking of DC’s depo and when he said he and Moe went outside imo it was not a war of words imo it was a show of greenbacks imo.
Thank You Sammy,.. I hope that Moe’s actions and his wife’s are brought to the forefront, Thank you Bev because I completely agree with you about Tas and VA, Lets see Moe slithering from another room with not his wife, wife is pissed and never knew Anna but met her once briefly, Is Moe and Tas still married??? (serious questions).
It looks like McCabe starting this gossip about KS and who is saying that Mo was credible and all the media will be out to get HS over what MO said .MO change just because he got something
#49 Rose imo it all sounds like a page out of Rita’s book or the same line of thinking . ( I have no pity for Rita) Imo they (TX cabal) if they shout to enough credible people and scare or whatever to lay persons hear it over and over and over from the ones that have a agenda and that is hammered to them over and over and they are not up on the facts (Judge),, ( Casualties be damned ) are only looking for advancement in their own careers got sucked into the masterminds agenda, In a nut shell, Rita-career in the shitter, .. Moonbeams run for Gov..-underlings want to prove but failing, everyone wanting a piece, So many faces are not on the tube. Everyone is failing except the defense, The defense is standing strong and he imo is keeping his word no matter what and imo all these cases are over when he says its over, I believe that Howard is not perfect but Anna and him had a bond and love and trust and I think he will see it to the end. My thoughts and prayers are with Howard and his family.
I hope everyone is well and Target (the store) sells Unbelievable Underwear (real name) for 15.00 and they claim to make anyone’s ass look great. LOL, Sorry I could not resist. (I buy them, the slacks/pants that are in fashion with the pleat they are a must unless one can afford spanx.. KB should be able to afford spanx, I am not chubbie but who wants pantie lines or a sting up their bum?.. Not me, lol. Sorry.
JMA you rock so do the rest of you! Beth I know tomorrow is going to be better-we all have those days, Beth I hope you and yours are great!. Hi Sammy.
test
Hello Liann.
Yes, I sure hope so… thank you all. You know how they say bad things come in threes? Well I got three in one day, one right after the other.
I could have probably worded my thoughts on the gossip a bit better. Sorry.
Interesting…
Was glancing at TMZ and I see a ‘vas’ on there (same moniker they use elsewhere) NOW stating this:
“At the very LEAST, they should all lose their licenses.”
A FAR CRY from some of those vas that say over and over it will be years in jail…
> And so the changes of the wording begins. ;)
I will post some of SWIMS observations for today… Then off to bed, and hoping that Liann is correct in tomorrow being a ‘better day’! Night all.
Sammy, it is great that you are posting those links and your thoughts on this! Thanks.
“2291. HKS Prelim Day 2 – Prosecution continues to make the case in favor of HKS
We recall that ANS’s autopsy showed she died with normal levels of prescribed drugs except for CH; combined acute intoxication in an individual already severely weakened by infection; that is, an accident with no evidence of criminality. The LA Court heard those facts confirmed today as many of us have always understood them. Sadow later explained in a Press conference this significance to the reporters.
Big Moe recounts his truth as it believes it; Sadow to cross-examine tomorrow in such a way as to correct any unfavorable to HKS misimpressions Big Moe may have left. Big Moe effectively shoots down the Prosecution’s ‘conspiracy’ theory; ANS’s ‘inner circle’ members were all working together for her best interests, not in a nefarious way to do harm.
Interesting that the Prosecution continues to spring information on the defense just in the nick of time; in CA many aspects of the State’s investigation, like interviews with potential witnesses, does not have to be part of the normal ‘discovery’ handed over before Court proceedings (purely at the discretion of the Prosecution).
It is continued déjà vue for the good guys.
Posted at 9:47PM on Oct 14th 2009 by Only swim in the Ocean”
“2293. …
Azzholes in the DA office. A small sample of how they will trash and bash Michael Jackson at Dr. Murray’s trial. What do they care? They desire MEDIA, that’s the prosecution for ya–shades of Marcia Clark! LOL
Posted at 11:01AM on Oct 14th 2009 by Howard Supporter
*****
The Prosecution is trying its best to paint a tabloid, lay-person-innuendo, trash ANS picture in Court. Amazing how the facts are surely countering the weak prosecution step by step.
Posted at 10:00PM on Oct 14th 2009 by Only swim in the Ocean”
“2294. “Brighthaupt, a towering, muscular man, seemed hesitant answering questions from the prosecution and said he was uncomfortable testifying against Eroshevich, whom he described as a devoted friend to Smith.
“I consider her a very kind and nice person who wouldn’t do anything to anybody,” Brighthaupt said.
Superior Court Judge Robert J. Perry voiced repeated frustration with the pace of the preliminary hearing, now in its second day, and urged prosecutors to move quickly through evidence about Smith’s death and focus on evidence related to illegal prescribing and other charges the defendants face.
When a prosecutor asked a toxicologist to testify about the hypothetical effect of hundreds of pills prescribed to Smith 10 days before her death, the judge interrupted with a question that seemed to get at a central issue in the case.
“Whose fault is it that somebody takes too many pills,” the judge asked.”
Judge Perry is very insightful; good reporting from Harriet Ryan:
http://latimesblogs.latimes.com/lanow/2009/10/bodyguard-testifies-that-annanicole-smiths-drug-use-increased-after-sons-death.html
Posted at 10:17PM on Oct 14th 2009 by Only swim in the Ocean”
“2298. The entire quote is instructive:
“Preliminary hearings represent the lowest possible hurdle for a prosecutor to clear and are virtually impossible for a prosecutor to lose,” he (Adam Braun) said. “If the prosecutors in this case somehow can’t make it past the preliminary hearing, they should be laid off.”
True.
Posted at 1:51AM on Oct 15th 2009 by Only swim in the Ocean”
read this from an alert.. more info on Moe’s testimony
http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9BBD5TO0
Bodyguard faces cross-examination in Smith case
By LINDA DEUTSCH (AP) – 1 hour ago
LOS ANGELES — Anna Nicole Smith’s bodyguard could face tough cross-examination by defense lawyers after emerging as a key prosecution witness in a drug case against two doctors and Smith’s lawyer-boyfriend.
Maurice Brighthaupt is set to retake the witness stand Thursday after testifying that he saw defendant Howard K. Stern inject Smith with medication five times, and Dr. Khristine Eroshevich inject her once during a period when the celebrity model was desperate for sleep after enduring the 2006 death of her 20-year-old son.
Brighthaupt also said he saw Smith inject herself twice.
His testimony came during a preliminary hearing to determine if Stern, Eroshevich and Dr. Sandeep Kapoor will stand trial for conspiring to illegally provide Smith with controlled substances.
All three have pleaded not guilty. The defendants are not charged with Smith’s death at a Florida hotel in 2007, which was ruled an accidental overdose.
Another potential witness is Larry Birkhead, the father of Smith’s 3-year-old daughter, Dannielynn. Defense attorneys were expected to try to block Birkhead’s testimony.
Brighthaupt offered surprising new details on the witness stand, saying: “This whole situation — I just have to say something and get it out of me or I’m going to die.”
Attorney Steve Sadow, who represents Stern, said he would show on cross-examination that Brighthaupt has reason to testify falsely. He said Brighthaupt was part of a bitter struggle over Smith’s estate but didn’t elaborate on ways he might cast doubt on Brighthaupt’s testimony.
Brighthaupt acknowledged that he and Stern were not on the best of terms. “We’ve had our differences. Sometimes you think you know somebody and you don’t,” he testified. “We have disagreements … I don’t wish him no harm.”
During his testimony, the bodyguard recalled walking in on Stern as he heated a spoon full of valium tablets over a lighter to liquefy and prepare it for injection.
“She couldn’t swallow. They felt it would get into her system faster,” he said. “He drew it up into the syringe and he asked me to leave. He didn’t want me to see her without her clothes on.”
Sadow denied outside court that Stern has injected Smith with medication. He said she was known to take B-12 shots.
The bodyguard was not specific about the timing of the shot and only said it was administered sometime during the stay in Florida.
He also said he saw Eroshevich, a psychiatrist, inject Smith with medication once and deliver a bottle of the sleep syrup chloral hydrate to Smith in the Bahamas after the death of her son, Daniel, who also died of a drug overdose.
He did not specify when the shot was given.
Chloral hydrate was identified in Smith’s autopsy as a principle element in her overdose death when combined with other drugs.
In legal arguments, prosecutor Renee Rose offered an explanation to Superior Court Judge Robert J. Perry after he questioned whether the defendants could have controlled how much medication Smith took.
“If you know that a person doesn’t have the ability to control, it’s like putting a gun in their hand, giving them the ammunition and saying don’t pull the trigger,” Rose said. “We have a person who was addicted and we have people who over-prescribed to her, and that is why we’re here today.”
Associated Press Entertainment Writer Anthony McCartney contributed to this story.
Copyright © 2009 The Associated Press. All rights reserved.
Related articles
Good morning all – can’t believe I actually beat Beverly to being first. Max the pup woke me up at 4:30 est by sitting next to my head and barking. Thinking he wanted outside I got up, stumbled across the room, opened the door and Max lays down and looks at me. This pup will drive me nuts at some point but oh well, he is the absolute cutest dog I’ve ever shared a home with. You’ve got to love animals. They have your number. LOL
Beth – hope things go better for you today. Thanks for posting Swims and HS- he/she are the greatest.
Liann – Good morning – Hope you can make it to chat Sunday, we have missed you.
Rose – I like “the forgotten” as well or maybe I should say I enjoy watching Christian Slater ever since seeing him in Broken Arrow with John Travolta. In addition, the new Jay Leno has dropped in ratings but will continue as it’s inexpensive to produce in comparsion to scripted programs. This may be the last season for Ugly Betty and NCIS LA is a winner.
To those on the west coast, hope none of you suffered any damages with the rainfall. We are expecting more rain throughout most of the day. Oh well !!!!
After submitting my last comment I see that Heath beat me. Way to go Heath. LOL Good morning Heath, hope all is well with you. Thanks for the latest update, I haven’t opened Outlook as yet. Good article, it goes along with what Sadow said during his interview after court yesterday. Should be another interesting day.
Rose – this is for you re: “the forgotten”
http://blog.taragana.com/e/2009/10/14/christian-slater-hoping-his-new-abc-crime-drama-the-forgotten-isnt-44049/
Good Morning everyone.Well,did anyone watch the” today”show,Larry Birkhead was on with Matt,he sounded very tired,but said Howard has seen Dannielynn and they are still working together,I do not think Jerry Brown will be to happy with Larry’s testimony.Our local FOX station again looking for ratings,reported Anna last hours were drugged up and in feces,If Anna was in feces,would that not have been all over the place if Moe pulled her sheets off the bed for CPR,and why? did Tas not smell it.The more people keep opening there BIG MOUTHS the more Tas looks like a incompetent RN along with Moe.
Sammy1—-Trust me some mornings I go crazy with ”Waste Mangement trucks” and if they do not wake me up.There are still people delivering papers,that have there radios on full blast,
Beverly,
Thank you for that info… I will turn on the Today Show in about a half an hour when it starts.
I will only be able to see about 45 mins. of it before work though.
* The Today Show is out of New York usually, in case I miss LB coming on later, did it look like the regular studio?
The one they use everyday w/ Ann, Merrideth (sp) and Al… if so that is the one live out of New York.
Beverly, I’m familiar with those Waste Management trucks. Noisy things aren’t they. LOL
You have a great day.
BETH–Larry was in CAL STUDIO.
Here’s the interview Larry on Toay Show
http://today.msnbc.msn.com/id/26184891/vp/33324135#33324135
Liann [51] OMG that was exactly what I thought about. Yeah Don Don claims he had to take Moe outside and talk to him due to he [Moe] and WV clashing like titans [I added the titan bit for the special effects], uh ha sure. IMO WV was trying to act as though she was/is in control and some type of superior same as she does over at Topix you know cause she has the ex-FBI and big bad O’Quinn Law Firm covering her ass. Oopsie forgot O’Quinn did not know who she was and did not know whether she was male or female, ha-ha love repeating that priceless bit cracks me up every time I think about it
Liann~~your post #55 reminded me of this.
http://www.hanes.com/Hanes/Categories/Women-Hanes/Women_ShopByCategory-Hanes/Women_Panties-Hanes/Women_Panties_NoRideUp-Hanes.aspx
Thank you Beverly and Sammy.
Sammy I had just did a search and saw that link…
Also saw this on the same search;
“Larry Birkhead in Talks to Appear on Millionaire Matchmaker – Anna …”We are actually working, maybe, with Larry Birkhead,” the show’s star Patti … kicks off today… and Larry Birkhead faces an almost impossible situation. …
showhype.com/…/larry-birkhead-in-talks-to-appear-on-millionaire/ – 16 hours ago – Similar”
Thank you Beverly and Sammy!
Morning JMA…
I submitted a post, and it vanished.
On a search I found this, * first entry…
http://www.google.com/search?hl=en&source=hp&q=today+show+Larry+birkhead&aq=f&oq=&aqi=
Beth [60] that info there along with some other comments made by him has the Topix Cesspool Troll’s fuming mad at the Judge Perry
Yeah they are questioning things he said in court even going as far as to ask his age and if he was senile, it’s hilarious to read their crap when things don’t go as they expect them to.
Beth [73] since when is Larry Birkhead a Millionaire?
JMA, he actually may have made over a million dollars on photo ops and all.
Remember Uncle Sam takes 50 or more percent of that though.
Funny about ‘T’…
Well have a great day, I am off until later.
You know while I was getting ready I was thinking…
I sure hope when he gets the money that was froze from Opri that also he gets the interest on that large amount.
He has had to pay lawyers for that frivolous suit in TX (money taken away from him AND DL!)
He will also have to pay Opri some ‘chunk’ of those funds too. The lawyer representing him for that and in TX has probably cost a pretty penny! It is no wonder he did not too go after RC. IMO
Birkhead states he is not appearing on Marry a Millionaire.
http://www.radaronline.com/exclusives/2009/10/larry-birkhead-not-appearing-millionaire-matchmaker
Sammy1 [79] looks like maybe it was Patti Stanger’s wishful thinking. I have watched her show and do not care for it but that’s just me.
JMA #80 – rather phony isn’t it?
Maybe he will be on the Bachelor
Sammy1 [81] never imagined so many Millionaires were so desperate to find someone to love them for who they are and not all their money. Yeah it does seem phony ;-)
AJM [82] yeah maybe he’ll be asked to appear on that one. Hey, have you checked out my Restaurant lately I added something new today.
AJM – #82 – That’s too funny!!!!! lol
JMA, you have a restaurant?
Good morning all I will have a new thread up in a few minutes I need more coffee had a pretty sleepless night never used to have insomnia when I was younger guess that too comes with age…
Larry Birkhead — father to the late Anna Nicole Smith’s 3-year-old daughter Dannielynn — reveals how he plans to testify in the criminal case against attorney Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor, who are being charged on counts of conspiracy to furnish the late Smith with drugs.
“What I could testify to is the timeline before she died and what was going on in people’s heads. … I guess the coming and going of different people around her,” Birkhead told “Today” show host Matt Lauer.
Birkhead said he attempted several times to talk to the former Playboy model and Stern about her drug use. “There’s several times and attempts I made and conversations. The thing is and what’s so odd about this situation is when you said something to Anna … she referenced you back to the bottles with the doctor’s names on it. So, you found some comfort basically that a doctor is prescribing this and there was someone, supposed to be, having the right mind to be in charge of this.”
http://www.13wham.com/entertainment/entertainmenttonight/story/Larry-Birkhead-Speaks-Out-on-Anna-Nicole-Smith/WyLe5zD0W0Wv8yVQ50E-Kg.cspx
Is this a copy of the video from NBC this morning?
http://www.etonline.com/news/2009/10/79753/index.html
Ken [86] I knew that was going to be asked
So here is my response, ah sorta, kinda well you know, OH CRAP not for real it’s a game 
but you know I could have kept up the charades and made the Troll’s think I do ;-)
JMA No I have not, I will later on today. You are doing better them I am with that. I burned all my food the other day. OK no laughing anyone
Hey Sammy #85, maybe better yet he will be on the next Dancing With the Stars
AJM [91] OMG, now that would be hilarious to see. Hell I say he should try out to be the next contestant on Survivor so we can see if he can outwit and outlast.
AJM [90] my little shadow likes for me to visits everyone else’s so she can see who all has spoiled food, yeah we saw yours this morning
Ok folks new thread up on day three here
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