Anna Nicole Smith – The Preliminary – Not Such a Pretty Picture – by Daniel DiCriscio
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This morning, I went to the preliminary hearing at the court building in downtown LA. When I arrived at the courts, out front was a small group of press awaiting for the arrivals of the Anna Nicole Smith Players (Howard K. Stern, Dr. Khristine Eroschevich, and Dr. Sandeep Kapoor). I was kind of shocked at how little interest there seemed to be from the media judging by how many were there. When I started to walk to the building, I was shot by paparazzi and TMZ did a quick interview with me. TMZ asked me what my thoughts were on all of this and so on, and at the end asked me if I was sporting an Anna Nicole Smith type of hairstyle today, and I was like “Of Course!” LOL!
When I got inside the building the line to go through the security check was unbelievably long. While I was waiting in line, Dr. Khristine Eroschevich and John J. Nazarian were entering the building as flashbulbs from the press blinded them. They ended up behind me in line at the security check in. I noticed right away that Dr. Khris muted her blond color with lowlites, and she was wearing a brown skirt suit and quite high “wedgie” platform heeled slingback shoes.
When I got to the floor where the “preliminary” was being heard, I once again had to go through another “security check”. When I made it through the check, I entered the floor only to see Howard K. Stern directly in front of me, standing alone with his hands clasped in front of him in front of the court room doors, and we made direct eye contact with one another. Then his “legal” team, led by Steve Sadow with J. Chris Smith, arrived and he went into the court room with them.
Dr. Khris and John J. Nazarian were next to arrive on the floor and Dr. Khris gave me a sweet hello, as well as John. Then everyone was to be in the courtroom and take their seats, Dr. Khris with her attorney, Adam Braun, and Dr. Kapoor with his attorney, Ellyn Garafalo Esq.! Someone said to one of the reporters in reference to Larry Birkhead, and if he will arrive…”If there is a camera, Larry will show up!”
It was a small courtroom, very nicely air-conditioned, and I was happy about that! There may have been about 20 people that were attending this preliminary hearing, not counting Howard K Stern, Dr. Kris, and Dr. Kapoor, who were all seated in front of California Superior Court Judge Robert J. Perry, with the legal teams. Today Howard K. Stern was not seated at the table with everyone else today he was seated behind them, to the right, with a “slumped over” posture.
The Preliminary Hearing started with inquiries as to why the Nannies haven’t returned calls to the defense attorneys, and Judge Perry said “They don’t have to”, and quickly wanted to move forward. He didn’t want to hear that the Nannies’ couldn’t afford to call in or “phone card” ideas, or even “collect calls”.

Steve Sadow was reprimanded and asked to delete a photograph from his cell phone from Judge Perry, so it wouldn’t end up on the internet, and Mr. Sadow said he would. Nazarian and a reporter, whom said he was from CNN, were almost kicked out of the courtroom for having an outburst of emotion from something said that they didn’t agree with, and Judge Perry made it “very” clear that there were to be none of that behavior allowed or they would be cleared out of the courtroom. Judge Perry was blood red when he reprimanded them.
Then, in walks Maurice “Big Mo” Brighthaupt who took to the witness stand once again. “Big Mo” was wearing a black plaid suit with a siren red shirt. The colors in the courtroom were very drab, and Mo’s red shirt was the only thing that kept my eyes entertained.
When “Big Mo’ started to answer questions that were “ricocheted” at him, he answered mostly ever question, it seemed, honestly and heartfelt. His temperament throughout was very even. In no way was “Big Mo” condescending or rude at all. Standing at six foot six, he at one point of the preliminary had to stand up from sitting in the witness box because his legs were cramping from being in such a small area. Judge Perry said he could stand if he wanted, but I feel that Big Mo was too polite to go against the grain.
The statements that were made from “Big Mo” regarding Anna Nicole were very sad. To hear that Anna Nicole Smith almost drowned in the pool at Horizon’s, and the way Big Mo told it, made my heart cry. It seemed that after Daniel died, Anna was very very depressed and slept a lot of her days away, plus was on heavy medication. Big Mo said she went to the pool one day and was going to go into her floater so she could relax, but Anna went outside “unsupervised” and Big Mo said they heard a big splash in the house. Stern told Big Mo to go and check on Anna, and Big Mo was saying that Anna was already at the bottom of the pool, under 7 or 8 feet of water, so Big Mo dove in to save her. He said Anna defecated herself when she was under the water. Big Mo also stated that he got Anna out of the pool and gave her CPR, and water came out of her mouth. He also said that Anna had defecated herself sometimes while she was sleeping, etc, and that the house people used to talk angrily about it because they didn’t want to clean up after her.
Also Big Mo told the courtroom of how he used to have to whisper to people so Anna couldn’t hear. He would have secret sessions with Dr. Khris, etc, in another room. He said that Anna would “explode” if she knew people were talking. Also he stated that if Howard K Stern found out of the whisperings, sometimes Big Mo and Dr. Khris, Howard would run to Anna and “tattle” on them.
Judge Perry said at one point regarding the silly questions being asked by assistant D. A. Renee Rose, “This is a preliminary hearing not a trial, to see if there is probable cause exists, not a circus sideshow!”
Big Mo talked about the Anna that no one really saw except for the people close to her at this time. He spoke about her deep depression after Daniel’s death, how she was a “manipulator”, her moods, and her medications she was taking. Pills would be on a tray that she would take, that either she or Howard laid out for her. He also stated that Larry Birkhead gave Anna Nicole Smith “Ecstasy” one time when she was going to the World Music Awards. He also said that Anna was drinking Crystal at the same time.
Big Mo talked about boxes, Fed Ex size, that had medications in them that he would bring to her from California. Big Mo did say that Dr. Kapoor was never in the Bahamas, and Dr. Kapoor was grinning after he heard that statement.
Another issue was brought up in reference to Anna Nicole Smith and Dr. Khris’ relationship; Were they lovers? This idea was toyed with for quite a bit, and Dr. Khris’ face was contorting in such a way, and looked to me like she was trying hard not to say anything in her defense. Judge Perry said in reference to this allegation., “What does that have to do with it?” He wanted to drop the subject, but one Renee Rose said that another witness brought this up, and that this relationship may have made Anna more accessible to drugs, per se.
Another sad story told by Big Mo was that Anna was in Vegas another time and had gotten a 105 degree fever and flu like symptoms. Big Mo wanted to get Anna to the hospital but said that Dr. Khris, Alex (Dr. Khris’ friend), and Howard K Stern wanted to put Anna into a cold bath with ice, and the three of them did. Big Mo was saying that someone with an extreme temperature shouldn’t have such a sudden change in temp, it should be gradual. Big Mo said Anna refused to go to the hospital because she feared the paparazzi would be there when she arrived.
Big Mo actually got a little sentimental at one point and wiped his left eye, and said he sometimes felt he blamed himself for Anna’s demise.
Big Mo said that Howard K Stern had “suicidal thoughts” when Anna died.
Another subject was “Spoons”. Big Mo said because there was a spoon that was burnt on the bottom, and if you take Vitamin B12, there is no need to heat it up. Anna’s use of Chloral Hydrate was also in discussion. Plus, the fact that Anna at times was taking “Placebo’s”.
Steve Sadow, Stern’s lead attorney, must have had a hundred “I Object’s”, he was like a puppet that kept going up and down from his seat! At one point during the preliminary hearing, one reporter looked like they were taking a little nap, but woke up in a few minutes, LOL! Most of us here covering this hearing felt like we were intruding on something very private, I was sitting next to the ET reporter, Kevin Frazier, and the AP gold standard reporter, Linda Deutsch was sitting in front of me. I found that almost in unison we would turn to look at the clock I for one felt like we each wanted to be somewhere else and not prying into this very private world of Anna Nicole Smith.

Unfortunately, I had to leave early; too much Apple Pie will make you throw up, get my drift? Although, I wish it was Apple Pie!
Anna Nicole took some of the most beautiful pictures during her days, but hearing all of this testimony left you with a picture that was not so pretty. So I left early with a tear and a heavy heart I just could not stay any longer.
©Daniel DiCriscio
October 15, 2009
Used with the permission of Daniel DiCriscio, the Messiah of Make Over
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Thank you Daniel. You’re right, this replay of Anna’s demise does tug at the heart strings, even for those of us that didn’t know her. R.I.P Anna
Daniel – thank you for being there for Anna and us. In particular, I enjoyed reading your descriptions, especially Mo’s red shirt. Through your eyes we receive a mental picture of the surroundings and reactions of those we have gotten to know over the past three years. I don’t understand the reasoning of the prosecutor to continue along the described lines rather than get to the conspiracy theory that doesn’t exist. Maybe I just answered myself – it’s just a theory wihout actual facts. It’s all so sad.
Love the new hair cut.
Hair-does, hair color and clothes, I understand Moe is is big guy, Thanks, Thank you Daniel for your observations.
See the problem I think is this is going to be a day by day perspective and at the moment everyone is going to sound on the stand, (It seemed, honest and heartfelt) ? Was that today or yesterday? I am not trying to offend and I appreciate your style Daniel but I for one am wanting the nuts and bolts and I agree this is such a sad and BS way for the prosecution to expose Anna’s weaknesses and pain it must have been heart wrenching to hear.
John imo does not suffer fools and he imo must have encountered a fool. He’s the man! imo.
Thank you Daniel for your perspective and I look forward to reading more.
I am lost on the Apple pie, I don’t get the drift, I would appreciate if it is to graphic about the human body or what just say it if you are going to report, I don’t like metaphors. imo.
Thank you again.
Well done!
John
Thanks for the article, Daniel. It is really a shame that anyone is allowed to be hearing this kind of stuff that makes no difference and has no affect on the case, imo. I can only imagine how hard this is on Howard if it brought a tear to your eye…not that I don’t think you cared about Anna and was a friend to her. I can only imagine how Howard feels having to relive this all over again.
I guess what I am trying to say, I want a not personal opinion but a professional with just the facts not personal connection or spin just facts as to what is going on and Daniel I do appreciate you, you are invaluable for your information, Thank you again
[5] flowerz,
STATED PERFECTLY!
Thanks.
Just F5ed, and Flowerz I agree with Beth ( STATED PERFECTLY)!!! Agree Thanks.
Liann, remember Daniel did not stay to hear Sadow cross examination of Mo… it made him sick and he wanted out of there before he puked… that is the reference to “too much apple pie”… and this was not good “apple pie” this was gut wrenching dissecting a woman’s life that was suffering great anguish… Who among us can say we would want to live if we lost our child??? Who among us know how we would act of if we would want to live???
We get a lot of “just the facts” from our multiple court observers, I like Daniel’s color commentary… would we have any idea what anyone was wearing or the eye contact, who is speaking softly… there are just the facts and then the color commentary, even in football they have both (pardon the sport analogy but is as close as I can get to the difference is style)…
Did that help some??
Also flowerz remember Daniel has always said he was NOT Anna’s “friend” that term he feels is way over used in Hollywood, he states always that he was one of her hair dressers and he appreciated her outer and inner beauty it seems to me…
I don’t think Daniel has ever said he was part of Anna’s inner circle like Mo, and to this day I know Daniel does NOT believe HKS harmed Anna or would harm Anna… there is just no reason to do this to Anna’s last few months alive… most of us “get her pain” and “not wanting to live”… it just should never have been put out there like this… let the poor woman RIP now…
Wait, I never said I did not appreciate his style, Did not stay to hear Sadow with Mo? Please point me that out in the article. TIA
He told rose that (that he didn’t stay to see Sadow cross Mo) on the phone (she talked to him 3x tonight on the phone). He left at the lunch break, and way before any of the defendant’s attorneys got Mo.
LIann here “Unfortunately, I had to leave early; too much Apple Pie will make you throw up, get my drift?” that is what he was trying to say if he stayed and heard the full dissecting of this beautiful woman he would have PUKED… he could not and did not…
Again, was that Sadow’s questioning??, I am going back and forth reading the article and I am not getting it thanks
He left before Sadow got to question Mo. The ‘apple pie’ was a reference to all the airing of all of Anna’s personel life….her problems and such….it made him want to puke and he had to get out of there.
ok, I just read your comment #12. Dissecting her corpse or life?,( Maybe some of the court observers are to connected meaning personal) This is not a murder case it is so personal to some and I am still lost but I will let it go for tonight. I hope everyone is well. imo Again Thank you Daniel for you perspective.
Thank you Ken, but What did Moe say to Sadow on cross???, That is the question, I am out have a good night all.
Dissecting of her life. Airing out of all her problems (mental, emotional, physical).
I had to come back and say this, Please Daniel if you are going to report please don’t give half day commentaries stay for the whole day and tell all sides and regardless of Apple pie or not just the facts, She was a beautiful woman but she was human and had her frailties just like us all, She imo was not Apple pie but she was not a nympho either imo. I just want all facts all sides, Thanks
Liann, that I can’t say right now, as I don’t know. Probably find out tomorrow.
Thankyou so much Daniel.
I like your observations taken from YOUR perspective. I look forward to reading your articles..
OK questions…
what are low lights??
Who did Sadow photograph?? remember Mccabe photographing people outside the Texas court!
What did John get annoyed about..you left us hanging there!
Did you think Mo was a plus for the prosecution? I am not liking him much and hope the afternoon session scored some hits to his version.
I think Howard must have realised how personal this was going to get.He tried to protect Anna’s memory and now all that is left is sadness. Hunched over and sad I think.
Also are you going to be at anymore sessions of the Court? I know it was hard to take. Apple Pie indeed.
Liann [18] Daniel was there to give a different perspective of the court day, the color perspective, not the nuts & bolts technical one. We have engaged him to do this for us and will ask him to continue to do his perspective on the cases. That is what he does best.
Please keep in mind we asked Daniel to report on the case in his way, with his perspective and he was kind enough to grant us this. Neither he nor any of them that write articles for us get paid nor do they work for us. We ask them for it and they are gracious and kind enough to write for us. So I’m asking, if the article and report is not to your taste or liking or done the way you think it should be done, please refrain from trying to tell them how to do the articles otherwise we may find ourselves not having any at all.
Thank you.
[...] Natalie Maines Cut Off Her Hair! (TMZ) 50 Cent Warns You! Listening To Fat Joe is Dangerous Anna Nicole Smith – The Preliminary – Not Such a Pretty Picture – by Daniel DiCriscio – rosespeaks.com 10/16/2009 This morning, I went to the preliminary hearing at the court [...]
Well,my opinion,MOE should win a award for acting,also lying.As a bodyguard and EMT,HE FAILED,His statement of having a talk with DrE about her concern for Anna drug use ,does not jive with her actions.or his.I cannot understand why CH for Anna, there are hundreds of sleep med,WHY? did she chose CH,also I did not like her choice of treatment fot Anna at the hotel,THIS WOMAN IS LIVING IN THE 1950,to bring down a temp as high as 105,a kinder,gental,treatment,Anna could have had another seizure being put in a ice bath,that went out in the 1950 much more pleasent for the pt and just as effective is a rubbing alcohol rub down,with cold water.of course it takes effort,not just hit and run,ANNA MEDICAL CARE STUNK.Tas should have her RN pulled,she is a disgrace,Moe also.Howard will be proven to have NO CRIMINAL INTENT.
Linda Deutsch is a fair reporter she reports facts I watch her around the OJ trial .
You know,it is all well and good to NOW say I was so concerned about Anna,Show me one (concerned person) that did anything about there concern.after the fact does not count.to me it all falls on Dr E .With all Anna’s problems,there was a need for doctors other than Dr E..It WAS not Dr E JOB to take care of Anna;s sizures.her primary concern was supposed to be Anna’s depression and her mental health.and a lot of sessions NOT PILLS.Anna did not need a party hardy doctor.It was not only Anna’s son that caused depression it was everything that was happening in her life,
Okay, going back and rereading my last comment (post 22, I believe is the number), I need to clarify that it was a general post to all and was not trying to point it towards Liann or anyone in particular. It was late and I should’ve triple checked it better.
OK all I want to know is how Virgie Arthur feels now, hearing the state her daughter was in after the death of her son. When she was out there making money and going on National TV trashing her daughter, then going to the grave with SPLASH to be filmed lying on her grandsons grave. Why did she not do everything in her power to get to her daughter in her time of need. With her so called connections to the FBI with a son working for them. Why did she wait to get paid to go to the Bahamas, why did she not go before and hire a tank to crash thru those doors to get to her daughter. The dark side can say all they want, but that mother did nothing to help her daughter when she needed her the most, but just added to her pain by appearing on National TV. Who amoung us would not risk going to jail to save their daugher/son
Birkhead due to testify in Smith case
Friday, October 16,
In testimony by Smith’s former bodyguard, Stern was portrayed as a devoted companion to the celebrity model who went through a “commitment ceremony” with her five months before she died.
Witness Maurice Brighthaupt said he was present at the ceremony on a boat off the Bahamas on Sept. 28, 2006, the same month that Smith gave birth to her baby and saw her only son Daniel die.
“It was a unification through the eyes of God is how they put it,” Brighthaupt said.
Read more…
http://abclocal.go.com/kabc/story?section=news/entertainment&id=7068340
Father of Smith’s child says he saw her take drugs
http://www.mercurynews.com/nation-world/ci_13575643
LOS ANGELES—Larry Birkhead, the father of Anna Nicole Smith’s daughter, has testified he regularly saw Smith take prescription drugs such as methadone and spotted bottles of valium and other narcotics in her home.
Birkhead took the witness stand Friday in a preliminary hearing to decide if three people should be tried for supplying the ex-model with drugs.
Birkhead moved in with Smith in 2004.
Birkhead says Smith’s regular physician at the time was Dr. Sandeep Kapoor. one of the defendants. All three have pleaded not guilty.
Rose, I was not a friend of Anna’s either, never met her, but it brought a tear to my eye just knowing that the courts would even allow that kind of stuff to come out. Daniel just proved he had a heart, unlike a lot of people who were there listening and the ones who felt the need to bring things like that out in public. I enjoyed Daniel’s report and was not criticizing him for writing it. I am criticizing the ones who wanted the world to know. I wonder if it brought a tear to VA’s eye?
Flowers I agree Daniel has a heart and a lot of people seem to gloat over how depressed Anna was and He is right there is only so much apple pie any of us should be willing to take. I think the Texas gang already knew all about Anna’s medical problems and why she was taking certain meds so IMO VA already knew that long ago and chose to ignore it.She instead choose to send her daughter over the edge.JMO
Moe may have seemed so believable because he was going back and forth in his thoughts and kept saying Howard nor Dr E would have hurt Anna.That makes other things he says seem truthful even if they may not be.
Rose ,Beth and Sammy I put up a couple of links under political in the public forums they,I though were very funny and I had never seen them before,if you get a chance listen to them.
Ken, I completely understand and I am not trying to nit pick, I completely understand, and I did not mean to sound that I do not appreciate Daniel, I do. it is always late for me and I hate saying I am always trying to catch up so I have tried to make a point of not saying that, Thank You and Rose so much, for everything!
Rose or Ken, Thank you for all good you do here.
Would you have a problem not closing this discussion? I have been wanting to give a heartfelt response to Daniel. I will try to get ‘er done today. lol
Daniel, Thanks ever so much for this article. I very much like your “style” of writing. Pun intended… I feel you have a sincere and gentle soul… You gave me a sense of being there with you and a much clearer and unbiased picture of the scene and courtroom happenings than all the garbage we get from the so-called professionals in the media… I hope you don’t take this in the wrong way, but I am sort glad you about puked. LOL! I bet it was a real eye –opener… for even you.
To me you are more fair and balanced than a large percentage of articles done by the AP and for that, I respect and thank you more than I can say.
And, yes you left me wanting more.