Howard K. Stern with lead attorney Steve Sadow

Court started at 8:30 AM this morning, October 15, 2009 on day three of the preliminary hearing in Los Angeles California. First up is the cross examination by defense attorney Steve Sadow of yesterday’s star prosecution witness, Maurice, “Big Mo” Brighthaupt. That has been listed by many court observer as taking up the full morning for the most part.

After lunch the question is will Larry Birkhead, appear, he will be pro Howard K. Stern but might be hostile to Dr. Kapoor and Dr. Eroshevich. Adam Braun, attorney for Eroshevich, said he might attempt to have Birkhead’s testimony postponed because he had just received an audio tape from the state of Birkhead’s interview with them and has not had time to fully examine it.

The state is keeping their cards close as to what witnesses will be appearing on which days. There are hints around the courthouse that Superior Court Judge Robert J. Perry may shut down the preliminary hearing early next week. He is showing some impatience often heard saying, “This is not murder trial” and “Whose fault is it that somebody takes too many pills?”

I keep going back to why a public preliminary hearing which is a basic walk through preview of what might come up at trial, in lieu of a Grand Jury which the outcome would have been a finding of enough evidence to go to trial. They both, I am told, end up at the same place so why this, and not the close door hearing?

Maurice, “Big Mo” Brighthaupt, one of Anna Nicole Smith’s body guards, I am told by one court observer, came across as very believable and would be hard to shake from his testimony yesterday. Let’s see how this plays out with Steve Sadow, Howard K. Stern’s lead attorney who took charge first thing this morning.

We don’t know if Don Clark is still in California as a “material hostile witness” for Howard K. Stern, but Neil McCabe is now back in Houston to our understanding. However, we have not been able to confirm that. Neil McCabe we can now confirm was not in court yesterday and has not been seen in court today. We have now been able to confirm for you that both Don Clark and Neil McCabe are back in Houston today.

LOS ANGELES — The AP is reporting that; “A judge has barred testimony about an alleged sexual relationship between Anna Nicole Smith and a female doctor accused of providing her with excessive medication.” Prosecutors attempted to question Smith’s former bodyguard Thursday about an alleged relationship between the late model and Dr. Khristine Eroshevich. Los Angeles Superior Court Judge Robert Perry shut down the line of questioning, saying he didn’t think it was relevant.

UPDATE ONE AND BOMBSHELL ONE FOR TODAY: Maurice, “Big Mo” Brighthaupt is still testifying for the prosecution and has stated it was Larry Birkhead that furnished Anna Nicole Smith with Ecstasy and champagne to wash it down, at the Music awards in 2004. Mo further testified that every time he took the champagne away from Anna Nicole, Birkhead replaced it with a new glass full. It will be later today before Steve Sadow, Stern’s lawyer can try to chip away at that. What will this do to the “boy next door” image of Dannielynn’s father? The court is out on it’s morning break right now and it appears that at least one more Assistant D. A. is coming into court with notes if not to remain for testimony following the break.

UPDATE TWO: Good chance that Larry Birkhead will not testify today. As Maurice “Big Mo” Brighthaupt continues his slamming of all of the defendants except Dr. Kapoor, it appears the defense is not going to get a chance to question him today. This day has been consumed for the most part by Assistant D. A. Renee Rose ongoing examination of “Big Mo”. If Steve Sadow begins today he will not finish today, which pushes Birkhead back to testifying tomorrow, if he appears at all. Why is the sensationalized site of TMZ.com not carrying anything about “Big Mo” testifying today against Birkhead and the drugs swigged down with champagne or for that matter his apparent willingness to testify against Dr. Eroshevich about her alleged possible affair with Anna Nicole Smith? However, at other times it seems that “Big Mo” wants to then take up for Dr. Eroshevich at times in his testimony saying she was concerned for Smith also and even gave Smith placebos.

UPDATE THREE: Larry Birkhead is in the courthouse, briefly walked into the court room and then just left again, not sure why. Stay tune we don’t know if Mo’s cross examination is finished and if so what Sadow was able or willing to do without showing his full hand before the trial which is now predicted to being going to start in February or March 2010, still trying to verify that.

UPDATE LAST FOR TODAY: “Big Mo” will be back on the witness stand tomorrow morning for redirect examination by L. A. assistant D. A. Renee Rose; that is expected to last for 1 to 1 & 12/ hours. That will be followed by Larry Birkhead beginning at about 10 AM tomorrow on day four of the Howard K. Stern, Dr. Kapoop and Dr. Dr. Eroshevich.

Keep up with Rose Speaks throughout the day tomorrow as we bring you the up to minute happening in California in the Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich preliminary 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 15, 2009
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,
109 Responses to “Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich, Preliminary Hearing California day Three as it Happens!”
  1. BEVERLY says:

    I am still waiting for Vergie Arthur to be another surprise witness,and spend all her time on the stand doing a whole lot of crying,and saying,she could not see her daughter because of Howard,LORD,what a fool she will look like,I am so glad the Judge said this was NOT a murder trial.because that is what Don Clark wanted,Howard pinned for Murder.MY opinion Moe and Tas should be charged with something,those two are a DISGRACE/

  2. JMA says:

    Hmm, McCabe possibly went back to Houston I would have thought he would be in the courtroom for the duration of the prelim you know so he could at least keep his client informed as to who is saying what, interesting tidbit if true.

  3. JMA says:

    Beverly [1] in reference to “LORD,what a fool she will look like” I agree ;-)

  4. AJM says:

    Hey JMA, he would be kicked off the first day, for he would not be able to SURVIVE, he would not be able to OUT WIT and OUT SMART. Cannot look like a pretty boy while you are playing that game

  5. Rose says:

    One of the things I have to give to LB, whether false rumors he can debunk or what he might say or normal shopping with DL, LB does KNOW how to keep the media focus on him… Ken says it is because he is a former paparazzi and that allows him the inside info. he needs to be able to do that… I thought that was an interesting observation by Ken.

  6. DesertWalker says:

    Here’s a link to LB’s interview by Matt Lauer this morning.

    http://today.msnbc.msn.com/id/26184891/vp/33324135#33324135

  7. JMA says:

    AJM [4] yeah there’s no time on the Islands for primping.

  8. Rose says:

    #7 JMA I am so happy you spelled that right… :)

  9. Rose says:

    The article has been updated with the first update from court today as follows:

    Maurice, “Big Mo” Brighthaupt is still testifying for the prosecution and has stated it was Larry Birkhead that ALWAYS furnished Anna Nicole Smith with Ecstasy and champagne to wash it down, especially in 2004 in Australia. It will be later today before Steve Sadow, Stern’s lawyer can try to chip away at that.

  10. JMA says:

    Oh Rose [8] you weren’t expecting me to say ‘pimping’ [he-he] were you, nope none of that on the Island either :lol:

  11. Rose says:

    BTW Daniel is in court today and will have a wrap up article after court today to give us his personal take on all of this… Yay Daniel… :)

  12. JMA says:

    DesertWalker [6] thanks for the link it was great to hear that Larry and Howard are getting along for the sake of DL.

  13. DiamondGirl says:

    You know, this does not surprise me at all. Moe keeps changing his story to whatever fits for the day. If Birkhead was the one suppling all these drugs to Anna, why did he not tell Perper all this valuable information during the investigation into her death. Why didn’t “sincere” Moe tell this info to the Bahamas when the paternity issue was at stake. I would tend to think that if this was true, Team Texass would have fought custody of Dannielynn on this issue only. I am not saying Birkhead is innocent in all of this but none of us are innocent of no wrong doing in out lives. Let’s be real here.

    I will never agree with what virgie has done, nor will I ever support her in her actions. Stern and Birkhead should dismiss the Marshall case and watch her slink back to where she came. The woman was never a Mommy. She only gave birth and she makes me ill.

  14. DiamondGirl says:

    Rose, I sent you an email a few days ago regarding a telephone number. Did you reply?

  15. Rose says:

    #14 I don’t remember getting an email from you… send it to my main address that appears on all of the Texas Court papers, if you have not already and I will get right back to you…

    Did you send it to the Rose Speaks.com email address? If so that could be why I have not reply…

  16. JMA says:

    DiamondGirl [13] not just that if it is true what some have said about those who did not give Anna what she wanted she would dismiss them from her life. Therefore, if what Moe is saying about Larry providing Anna with Ecstasy she would have never broke it off with him if she was into that sort of drug. You are right Moe’s stories keep changing. Still cannot wait for Sadow to cross exam Moe.

  17. Rose says:

    I just posted an AP report on the article of:

    LOS ANGELES — A judge has barred testimony about an alleged sexual relationship between Anna Nicole Smith and a female doctor accused of providing her with excessive medication.

    Prosecutors attempted to question Smith’s former bodyguard Thursday about an alleged relationship between the late model and Dr. Khristine Eroshevich.

    Los Angeles Superior Court Judge Robert Perry shut down the line of questioning, saying he didn’t think it was relevant.

  18. [...] a rising Islamist insurgency. (Washington Post) * Related Title: The Inheritance by David E. Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich, Preliminary Hearing California day… – rosespeaks.com 10/15/2009 Court started at 8:30 AM this morning, October 15, 2009 on day [...]

  19. DiamondGirl says:

    Very Good, a judge that knows what he is doing !!! Finally!

  20. DiamondGirl says:

    #15… yes I sent it to Rose Speaks. I was having issues with my desktop and it still does not have all the files back on it.

  21. AJM says:

    Well the dark side is saying that the Prosecutors should ask for a new judge.

  22. Sammy1 says:

    Judge bars http://cbs5.com/wireapnewsca/Judge.blocks.testimony.2.1249696.html

    LINDA DEUTSCH, AP Special Correspondent
    LOS ANGELES (AP) ? A judge barred testimony Thursday about an alleged sexual relationship between Anna Nicole Smith and a psychiatrist accused of providing her with excessive medication, calling it irrelevant to the case against the doctor.

    Prosecutors attempted to question Smith’s former bodyguard about the ex-Playboy model and Dr. Khristine Eroshevich. But Superior Court Judge Robert Perry shut down the line of questioning at the hearing to determine if Eroshevich and two other defendants should stand trial.

    “This is a preliminary hearing,” Perry said. “It’s not a trial. It’s to determine if there’s probable cause for a trial. I’m just not going to turn this into some circus sideshow.”

    Search warrants executed in the case described photos of Smith and Eroshevich in a bathtub in a sexual situation.

    The bodyguard, Maurice Brighthaupt, returned to the witness stand in a preliminary hearing for Eroshevich, Dr. Sandeep Kapoor and Smith’s lawyer-boyfriend, Howard K. Stern.

    All three have pleaded not guilty to conspiring to illegally provide controlled substances to Smith. The defendants are not charged with Smith’s death at a Florida hotel in 2007, which was ruled an accidental overdose.

    Brighthaupt earlier testified that he saw Stern inject Smith with medication five times, and 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.

    On Thursday, the bodyguard said that he and Eroshevich were concerned about Smith’s medicine intake and worried about an overdose in the months before her death.

    “She was very concerned, as well as I, that we needed to wean her off the meds,” Brighthaupt said.

    Eroshevich sometimes gave Smith placebo pills, he said.

    Prosecutor Renee Rose attempted to introduce evidence that there was a sexual relationship between Eroshevich and Smith, arguing that it motivated the psychiatrist to provide Smith excessive medication.

    However, when she asked the question of the bodyguard, the judge interjected: “What’s the relevance?”

    Brighthaupt also said he rescued Smith after she nearly drowned in her pool at the home in the Bahamas a few days after her son’s burial. She had swallowed numerous pills and took a liquid medicine about an hour before getting onto an inflatable device in the pool, he said.

    Brighthaupt said he was alerted by Stern that the model had fallen into the pool. He rescued her from the bottom and successfully gave her cardiopulmonary resuscitation, Brighthaupt said.

  23. Ken says:

    AJM [21] someone should ask them if they want some cheese with that wine…..

  24. Sammy1 says:

    http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9BBLVF00

    Bodyguard: Anna Nicole doc concerned about OD
    By LINDA DEUTSCH (AP) – 1 hour ago

    LOS ANGELES — Anna Nicole Smith’s bodyguard says one of the doctors accused of improperly giving the model medications was concerned about her drug use.

    Maurice Brighthaupt resumed his testimony Thursday at a preliminary hearing in Los Angeles that will decide whether two doctors and Smith’s lawyer-boyfriend can be tried for providing Smith with controlled substances.

    Brighthaupt says he had several conversations with Dr. Khristine Eroshevich about Smith’s drug use. He says the doctor, who has pleaded not guilty, told him she was concerned about Smith overdosing.

    Brighthaupt says he saw Smith take numerous pills and medication was scattered throughout Smith’s bedroom, bathroom and other areas of her home in the Bahamas.

    Smith died of a drug overdose in 2007 in a Florida hotel room.

    THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

    LOS ANGELES (AP) — 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.”

  25. BEVERLY says:

    BOY JMA—-I think you are right, never thought of that,with the Ecstasy,they are still working ever so sneaky on trying to harm Larry,slipping in a false statement here and there,these people are truly EVIL DISCUSTING PEOPLE.There trying to use this court to kill two birds with one stone. McCabe,is still working on getting Dannielynn,and Moe was willing to SELL HIS SOUL TO THE HIGHEST BIDDER.

  26. Rose says:

    Thanks for sharing the great article Sammy1… they are much appreciated … :)

  27. BEVERLY says:

    Would anyone in there right mind,believe Moe saying Dr E was concerned about Anna’s drug use,She was the one ordering all the meds for Anna.so that to me makes no sense.She was the one that ordered CH,which should have NEVER been ordered for Anna.

  28. DesertWalker says:

    Ok, I’m honestly confused about things. As I understand it, and please tell me where I’m going wrong, The State needs to prove ANS was an addict and then that the doctors either were aware of that fact or had, themselves, diagnosed her as being such. Then The State has to prove that the medications they prescribed for her, regardless of who’s name wss used, would be negligent under CA law. Is that right?

    Has anyone ever seen where a doctor who treated her or drug treatment center she’d been admitted to had diagnosed ANS as being an addict? If yes, to what type/family of medicines was she addicted. Last question I have is, were any of those medications noted in her autopsy report as being present in higher than normally expected therapeutic levels?

  29. Sammy1 says:

    Patti Stanger of Millionaire Matchmaker states she fixed Anna up at one time. hahaha

    http://www.realitytvworld.com/news/larry-birkhead-denies-hell-appear-on-bravo-the-millionaire-matchmaker-9746.php

  30. raven says:

    Thanks for the updates. Larry was very good in the interview. I find it interesting that the Texas gang wasn’t there.

  31. AJM says:

    Ken #23. I truly beleive that they are drinking something stronger then wine over there IMO

  32. Sammy1 says:

    There was no child instead the helium filled balloon flying over Colorado. Base was made of cardboard. So where is the 6-year old child?

  33. Sammy1 says:

    correction – instead = inside

  34. Rose says:

    #29 Desert Walker here are the simple answers to your questions.

    1. YES
    2. NO
    3. ONLY the CH everything else was normal or below normal in the autopsy… so yea I too ask how are they going to get to the “known drug addict”?

  35. Sammy1 says:

    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.”

    Following a custody battle in 2007 with Stern — where Birkhead proved he was the father of Dannielynn — Birkhead said he is now on good terms with the attorney. “He’s become friendly and we work together on Anna’s estate.”

    Keep checking ETonline for further updates from the preliminary hearing…

    Posted October 15, 2009 8:14:00 AM

    http://www.etonline.com/news/2009/10/79753/

  36. JMA says:

    AJM [21] that’s because the prelim is not going the way they thought it would.

    News flash for the Topix Cesspool Dorothy’s [Troll’s] sorry you all ain’t in Kansas [Texas] anymore your hero McShame doesn’t have any pull with the Cali Judge’s.

  37. JMA says:

    In reference to…

    “A judge has barred testimony about an alleged sexual relationship between Anna Nicole Smith and a female doctor accused of providing her with excessive medication.”

    Wow, I bet that put a knot in the panties of the person who released those bathtub pictures right before the prelim.

  38. Beth says:

    OMG!
    I do hope that six year old boy is alright!
    How crazy is that?
    I also hope the his brothers ‘did not’ untie that homemade aircraft (flying saucer)…
    Holy COW!! That thing went up to 8,000 feet.
    Now they are saying that maybe the boy could be hiding, I have a feeling not but hope that is the case!

  39. Beth says:

    “Reports: Missing ‘balloon boy’ Falcon Heene was in ‘Wife Swap’ family? – 8 minutes ago
    Falcon Heene is the son of Richard and Mayumi Heene of Ft. Collins, Colo. … According to the ABC ‘Wife Swap’ website,..”

  40. JMA says:

    Do the Troll’s understand that if Judge Perry says the Prosecution does not have enough evidence to prove any wrongdoing there is no trial? Isn’t that what the prelim is for to see if there is enough evidence to precede to trial? I’m thinking either they do not understand the whole prelim or they are still dreaming that HKS is going to jail.

  41. heath says:

    Hi everyone,

    Just logged on and am trying to catchup on the trial..it is 7.30am here and on first cup of coffee…

    Thanks everyone for the great posts.

    I am thinking that the question Moe has to still answer is the biggie for me is why did he and Taz stuff around so long before they called 911? Answer that and I might give him some credibility..

    My impressions are Moe took some type of reward for this and his wife sat on her ass in Anna’s room using Anna’s computer next to a sick person and let her die.

    It seems to come back to these 2 and why are they not in the hot seat.

  42. DiamondGirl says:

    Moe has changed his story more times than he has changed his underwear. As least that might explain the stink that comes off of him.
    This entire line of questioning is bullshit but I am sort of glad that the prosecution is getting the practice for when they go after Jackson’s doctors.
    IMO, Doctor E was way over her head in treating Anna. The woman should have backed off treating “her friend”. Christ, with friends like Anna had who the hell would need an enemy.

  43. JMA says:

    OMG, the nerve of some of those Topix Cesspool Troll’s claiming we see ourselves as Howard’s cheerleaders, wtf get real Troll. In addition, no we do not think this crap is a game unlike you VAS, now gtfu.

    Funny how we are perceived in that manner all due to we are able to see the conspiracy to blame HKS for everything pertaining to Anna’s life and death. Oh hell if that’s the way they want to perceive us then have at it cause it’s better than drooling all over McShame or acting as though VA was just awarded Mother of the year.

    Wow they seem to be cattier then usual, hmm wonder what’s eating at umm.

  44. DiamondGirl says:

    Oh I wanted to add, I don’t believe that Doctor E was so concerned and neither was Moe. His freaking nose is longer than pinocchio’s now.

  45. DesertWalker says:

    42- Heath, morning! I’m having my second (afternoon) cup of the day. Cheers!

    If Moe explains the delays and decisions he and Tax were accountable for it will convince me that he’s telling the truth and not covering. I might not like what I hear, but I’d begin to consider his versions with some weight.

  46. DiamondGirl says:

    44. They are seeing a judge that doesan’t believe in dealing with bullshit. That is their problem. I do think that this will go to trial but I think that the DA was betting on the info that DC gave and we all know he gave them fictional stories.

  47. DiamondGirl says:

    DW. delays? He was busy moving his brother. What about the fact that Moe is the one who received the damn drugs in the first place. He was soooooooooo concerned, he delivered more drugs to Stern. GMAFB.

  48. Lizzie says:

    Well I was wondering, if Moe often saw Anna swigging from that bottle of CH, why didn’t he try to stop her if he was so concerned about it?

  49. DesertWalker says:

    35 – Rose … guess I just got caught reading backwards, huh. *grin* Thanks.
    That makes bringing this whole blasted nonsense of a trial as clear as mud.

  50. Sammy1 says:

    http://www.cnn.com/2009/SHOWBIZ/10/15/anna.nicole.hearing/

    Judge: Sex not motivation for drugs in Anna Nicole Smith case
    Story Highlights
    Judge refuses to allow argument that sex motivated Anna Nicole Smith’s doctor

    Ruling comes amid hearing concerning death of the Playboy model/reality TV star

    Prosecutor wanted to present evidence Smith had relationship with female doctor

    Court documents: Investigators found photos of pair naked “in intimate embraces”

    By Alan Duke
    CNN
    LOS ANGELES, California (CNN) — The prosecution cannot argue that sex was a motivation for doctors to give Anna Nicole Smith the drugs that may have led to her death, a judge ruled Thursday.

    “I’m just not buying that,” Los Angeles Superior Court Judge Robert Perry said.

    The ruling came on the third day of a preliminary hearing for Howard K. Stern — Smith’s lawyer and companion — and co-defendants Dr. Khristine Eroshevich and Dr. Sandeep Kapoor on charges stemming from the Playboy model and reality TV star’s death.

    Deputy District Attorney Renee Rose told Perry that she wanted to present evidence that Eroshevich — a woman — had a sexual relationship with Smith that was the doctor’s “motivation to continue providing excess medications” to her.

    The prosecution planned to present an expert witness who would say such a sexual relationship between a doctor and addicted patient could compromise the care, Assistant District Attorney Sean Carney said.

    Court documents released last month revealed that investigators found photos of Eroshevich and Smith “naked in the bathtub in intimate embraces,” according to one sworn statement.

    One affidavit references a video clip of Kapoor “kissing and snuggling” with Smith “in a reclined position in a nightclub setting.”

    The three are charged with an illegal conspiracy to prescribe, administer and dispense controlled substances to an addict. Stern faces 11 felony counts, while the doctors were charged with six each.

    Smith’s death in a Hollywood, Florida, hotel on February 8, 2007, was ruled to be from “acute combined drug intoxication,” the Broward County, Florida, medical examiner said.

    Her death came just five months after the birth of her daughter, Dannielynn, and the sudden death of her 20-year-old son, Daniel.

    Maurice Brighthaupt, Smith’s part-time bodyguard, was testifying Thursday morning when Rose brought up the possibility of a sexual relationship.

    Brighthaupt described Smith as “very weak” in the five months after her son’s death and until her own death. “She just didn’t want to deal with life after the death of her son,” he said.

    Nannies stayed with her infant around the clock at her home in the Bahamas, while Smith slept through most of the days, and she would sometimes get up late at night and stumble around her house cursing, Brighthaupt said.

    “Someone had to always keep an eye on her because she was very, very depressed,” he said.

    Eroshevich, a psychiatrist, traveled from Los Angeles to the Bahamas to attend to Smith part of the time, Brighthaupt said.

    The doctor sometimes substituted placebos for the tray full of pills Smith regularly took for her complaints of pain and depression, he said.

    “She was very concerned that we needed to wean her off the medications,” Brighthaupt said.

    In earlier testimony, California Bureau of Narcotics Enforcement Special Agent Danny Santiago testified that investigators found 12 different prescription drugs, including dangerous opiates, in Smith’s hotel room after her death. Seven of them were prescribed using Stern’s name — although spelled “Stearn” — he said.

    A series of affidavits used by state investigators to obtain search warrants in their 2½-year probe was unsealed last month, revealing many details of the prosecution’s case.

  51. DiamondGirl says:

    “Eroshevich, a psychiatrist, traveled from Los Angeles to the Bahamas to attend to Smith part of the time”, Brighthaupt said.

    Correct me if I am wrong here but didn’t the good old doctor stay there for 5-6 months straight?

    “She was very concerned that we needed to wean her off the medications,” Brighthaupt said.

    Is he kissing ass now?

  52. Beth says:

    “A series of affidavits used by state investigators to obtain search warrants in their 2½-year probe was unsealed last month, revealing many details of the prosecution’s case.”

    LOL Yes, affidavits from DC (who never even met ANS); from VA (who had not met LB or HKS and not been around ANS for over 10 years prior); and on and on and on…. Gossip, lies, and innuendo all in the name of GREED for a ’snag’ into the potential Marshall Estate…

    Hmmm… What Judge even dared to sign these search warrants based on TX lies from that law firm??
    Maybe that is who should be on trial? jmo ;)

  53. trina says:

    I knew I shouldn’t have done that. Just delete it an google “Meet me for Murder” Judge Robert J Perry. Sorry!!!!!

  54. Sammy1 says:

    http://www.eonline.com/uberblog/b149135_todays_anna_nicole_smith_shockers.html

    Today’s Anna Nicole Smith Shockers: Lesbian Love and Poolside Drowning
    Today 12:50 PM PDT

    We’re only three days into the two-week preliminary hearing of Anna Nicole Smith’s cohorts Howard K. Stern and Drs. Khristine Eroshevich and Sandeep Kapoor, and already, the graphic testimony regarding bedside defecation and nether-region infections have been enough to make anyone cringe.

    It doesn’t get any better today, folks.

    Interrogating Smith’s former bodyguard Maurice Brighthaupt, prosecutors brought up the alleged sexual relationship between the model and Eroshevich as proof that their acquaintance was far from strictly professional.

    Judge Robert J. Perry quickly shut down that line of questioning, but he did allow a recollection of Smith unsuccessfully attempting to “float” in a pool just days after laying her son to rest.

    Brighthaupt described an incident in the Bahamas about two days after her son’s burial, when he saw Smith take at least at eight pills and drink chloral hydrate before going to sleep. About an hour later, she appeared in her swimsuit, stumbling toward the water, and told him she wanted to “float.”

    Moments later, he heard a splash, and Stern, who was on the phone nearby, shouted, “Hey! Hey! Anna’s in the pool!”

    Brighthaupt said by the time he dove into the deep end, Smith was at the bottom of the pool. As he pulled her to the surface, he realized she had defecated in the pool. He gave her CPR and called for medical help, though he can’t recall if a doctor arrived at the scene.

    “She let up some water, and then I helped her back to bed,” he said.

    The guard also claims that during the months following Daniel’s death, he had numerous conversations with Eroshevich about their concerns over Smith’s excessive drug habit. Sometimes, he claims, they even swapped her pills with placebos or flushed them down the toilet.

    Stern, however, did not seem receptive to their concerns.

    Stern, Eroshevich and Kapoor have pleaded not guilty nearly two dozen drug-related felony counts.

    Smith’s baby daddy, Larry Birkhead, is expected to take the stand next, but it won’t be today.

  55. JMA says:

    DiamondGirl [47] yup exactly and they can’t handle it they seem to like those Judge’s who don’t read the paperwork and take catnaps while court is in session.

  56. JMA says:

    Lizzie [49] in reference to “if Moe often saw Anna swigging from that bottle of CH, why didn’t he try to stop her if he was so concerned about it”, excellent question.

  57. DesertWalker says:

    Ya know, the old original CTV Fence Sitters occasionally fell off the fence, more to introduce a little humor to stressful discussions, but we tried to keep our discussions about actions and choices because we were trying to understand what had happened and not just attack people for the circumstances they found themselves in.

    It now seems as though some bloggers (is that what we are now — not just posters?) are using these cases to relive or relieve their own frustrations and experiences. They are sharing and posting hateful and threatening information. They try to find out the personal details of their fellow bloggers and the individuals in the cases and are publicly disseminating emails and personal information. At some point this really does become a legal issue.

    Everyone needs to step back and think of what this has degenerated into. Just because the O’Q/Mc case against bloggers is the only one that’s been filed at this point doesn’t mean that more won’t be filed after the dust settles. Just because the cases heretofore have included the original individuals from ANS’s life doesn’t mean that cases can’t be filed specifically against the bloggers who followed it.

  58. Sammy1 says:

    #52 Diamond Girl – Wasn’t she there from Daniel’s death to the night before Anna’s excluding trips to Calif to take care of business.

  59. DesertWalker says:

    So try on that “shoe” and see if it fits. And if it does, take a real hard look to see if that’s the kind of person you want the world to know as you.

  60. trina says:

    Will someone please tell someone to delete my post with the realy long link. I’M embarrassed looking at the page.
    The link is a good read though. But distracting, lol. Help Please!

  61. BEVERLY says:

    DIAMONDGIRL—-Moe is kissing more than butt.Every person is stating Anna was depressed,If I was the judge there are three people that should be held accountable,It is a total shame Anna was in feces,What a disgrace for any Nurse never mind a suppose friend.I AM DISCUSTED.Also,how could a psychiatrist,and friend order CH .that makes me angry,the one med Anna would use to overdose to be like mm.

  62. Beth says:

    trina,
    No worries we have all done it…
    I will tell Rose now for you.

  63. Ken says:

    trina [61] it’s been deleted. apologies for the delay. was away from the puter

  64. Beth says:

    “2301. http://www.contracostatimes.com/nation-world/ci_13566545
    Posted at 5:35PM on Oct 15th 2009 by Howard Supporter”

    * LINK from HS…

    “Judge bars talk of Smith-doctor relationship
    By LINDA DEUTSCH AP Special Correspondent
    Posted: 10/15/2009 12:46:18 AM PDT
    Updated: 10/15/2009 02:04:15 PM PDT”
    Last statement:
    “During the account, Stern covered his face with his hands in the courtroom.”

  65. JMA says:

    DersertWalker [58] Wow well said and excellent points.

    In reference to…
    “It now seems as though some bloggers (is that what we are now — not just posters?) are using these cases to relive or relieve their own frustrations and experiences.”

    I have always thought that concerning some people especially those who have shown their nastiness/hatefulness towards others on a daily basis.

  66. DiamondGirl says:

    Beverly, there is a lot of blamed to be had in the death of Anna by everyone. Recently I found out that Dr. E wrote out prescriptions to a name that she never even treated. Talk about illegal and just to get it for Anna? Holy cow. The woman should lose her license at the very least. I still think that she is an Anna wanna be and it will never happen. These last few months since her charge has been hard on her and it shows. The good old doctor should have backed off.

    It didn’t take a rocket scientist to see that Anna was severly depressed, wasn’t bonding with her new born child as she should have been. I really believe that the death of Daniel is what caused her to give up all hope. Look at what her life had dwindled down to. Selling pictures of a fake ceremony to gain $$. Expensive to be Anna?? sure was, but someone should have given her a reality check on how serious the situation was about the money. I do not believe that there are any “off shore accounts that hold Anna’s money. Let’s face it folks she wasn’t rich at all. Just loved to spend.

    Moe and Taz, well isn’t that a special little marriage made in heaven. Both have lied and both have told different stories. Hey Moe ! You weren’t a damn hero back in February/March of 2007 and you are still NOT a hero today. There was a time that you could have helped Anna but you didn’t either. Are you still dreaming about Anna’s lucious lips?

  67. DiamondGirl says:

    I do not know who you are talking about DW.

  68. Rose says:

    I have updated the article with the latest news and some things for you all to talk about

  69. flowerz says:

    So, Moe says she had on a swimsuit, but she crapped in the pool! Aren’t pains meds known for causing constipation? Maybe Moe is either lying, or the deep water made him crap in the pool. Moe is certainly trying to cover for the main doctor, I guess he is not smart enough to know that illegal drugs is not what killed Anna, so to me all of his BS is just that, BS. Is it common for people who have to be revived from near drowning to, as the loonies put it, loose control of their bodily functions? Also, I wonder is some of the meds that were ordered were for Moe(like the ones that went to his house), maybe that is why he is cutting Dr. E so much slack.

    I’m still wondering if Moe did take the money that FS offered, and if they gave her the medicine to keep her out while they could prowl for their new friends.

  70. Ken says:

    they found the boy, hiding in a box, alive and scared.

  71. Beth says:

    O/T
    FOUND ALIVE!
    I was so worried for that cute little guy…
    He was a tiny six year old!

    “Boy believed to be in runaway balloon found alive – The Globe and Mail
    Oct 15, 2009 … Boy believed to be in runaway balloon found alive …. Boy missing after balloon lands.
    A homemade balloon aircraft has landed in a Colorado …”

  72. Rose says:

    I have “heard” that ET is going to have a segment tonight debunking Big Mo’s testimony HOWEVER, at this point it is rumor and I have not been able to verify it with the 2 or 3 ppl I try on all of this.

  73. Beth says:

    Well said Ken!
    I bet he was scared, as was everyone else!
    I bet the family is in a bit of trouble…
    but better trouble than the boy getting hurt!

    Stated well Rose!
    ” As Maurice “Big Mo” Brighthaupt continues his slamming of all of the defendants…”

    I think that Sadow should subpoena Mo’s bank accounts!
    Also ask Mo how many times he had been contacted by the TX team…

    Just saw DC on HLN… well for a min, the feed got cut! ;)
    No, I had nothing to do with it! :)

  74. Rose says:

    #74 Beth… LOL that is funny….

    Yea how many times has Mo’s story changed since Anna died? Let’s not forget the following

    1. He was with ANS ALMOST everyday from the day after Daniel died until ANS died… ah doesn’t that mean he “lived off of Anna” in that Caribbean paradise?

    2. He could have quit and got hold of someone to help like the Bahamian police “IF” the drugs were laying everywhere couldn’t he???

    3. What was up with his marriage that he wanted to be away from his “bride” and precious children for months at a time WHILE NOT BEING PAID ONE DIME he says?

    4. When is Mo lying right, after ANS died or now???

    5. Does anyone know if Mo and Tas is still even together with all of the sleeping (oooooooppppppppsssssss I mean) running around on his new bride he did??

  75. Rose says:

    Mo is almost finished and if so next up is LB who is in the court house, came in and left the court room fairly quickly…

  76. DiamondGirl says:

    sorry Rose, just replied to the email. I had to reconfigure my email program. The chit that happenes when a hard drive starts to go bad is amazing.

  77. JOA says:

    On his second day on the witness stand, bodyguard Maurice Brighthaupt said repeatedly that Eroshevich and Stern,
    who was Smith’s boyfriend-lawyer, never meant her any harm and cared deeply about her well-being.

    The point was highlighted by attorney Adam Braun, who represents Eroshevich, during his cross-examination.

    Outside court Braun called the sexual allegation a distraction and said the judge made the right call in barring the testimony

    http://www.contracostatimes.com/nation-world/ci_13566545?nclick_check=1

    Brighthaupt, a full-time south Florida paramedic, said he was rarely paid for his bodyguard services “because they told me they
    didn’t have much money at the time.” He helped Smith because she was like a sister, he said.

    Before her son’s death, Smith was a happy, normal person, he said.
    “She knew she was the ‘it,’ ” Brighthaupt said

    http://www.cnn.com/2009/SHOWBIZ/10/15/anna.nicole.hearing/

  78. susieq2 says:

    E has Mo saying he never saw Howards injecting Anna or …blah blah blah. I had to laugh…

  79. susieq2 says:

    oops, I meant NEVER :lol:

  80. BEVERLY says:

    I just want to tell everyone,I cannot stop crying,I AM SO PROUD OF LARRY,I wish he read this site because,I just saw him on ACCESS HOLLYWOOD,and he has come through like the man I knew he was.I cannot tell you how happy I am Howard and Larry have become friends,God has granted me my prayer.He beliieves like I believe,Anna knew what she was doing,she did not want to live,Knowing how deep Anna pain was,I despise Vergie even more if that is possible.

  81. Beth says:

    Beverly,
    Yes I saw that clip. It is great they are putting DL’s interests first.
    Unlike TX team, what does McC talk about in every news piece? Oh yea, the millions…
    LB will come across as very credible to the Judge I think.
    If ole Renee will end this joke of inadmissible facts from Mo the LIAR!
    I bet everyone in the Court is getting tired of Mo’s gossip that can ALL be refuted by his own words in previous interviews!
    Sadow is probably finding it hard to sit still due to wanting to cross-examine Mo and SHOWING everyone just why he has the incentives to be spewing this garbage!

    TOSS this case based on HEARSAY and people with vendettas! I say…

    * DEFENSE COUNSEL >>
    I hope this Judge goes over the validity of if those search warrants were even legal based on lies told from TX and stolen materials……….
    ** I DO NOT UNDERSTAND WHY THE DEFENSE LAWYERS (all of them) HAVE NOT FILED MOTIONS TO STRIKE ALL OF THE SEARCH WARRANTS.

    Just WAIT until the hostile witnesses get cross-examined!
    I will play that song for the Judge, “I Can See Clearly Now”
    :D

  82. Sammy1 says:

    http://www.accesshollywood.com/larry-birkhead-on-howard-k-stern-the-upcoming-trial-and-what-he-thinks-killed-anna-nicole_article_24262

    FIRST PUBLISHED: October 15, 2009 3:55 PM EDT
    LAST UPDATED: October 15, 2009 6:51 PM EDT
    LOS ANGELES, Calif. —
    The testimony of Larry Birkhead, the father of Anna Nicole Smith’s daughter, Dannielynn, will help determine if the prosecution has a felony drug case against Anna’s doctors, Dr. Sandeep Kapoor and Dr. Khristina Eroshevich — as well as his former nemesis-turned-friend Howard K. Stern.

    “I was actually subpoenaed to testify and I think a lot of people are making a big thing because I was called by the prosecution and there’s been all these rumors and headlines that I’m going to testify against Howard and the doctors,” Larry told Access Hollywood on Thursday. “And what I say is I don’t ever like to say that I’m testifying against or for someone, because I just go and tell the truth. And either side can take that and dice it and do whatever they want to with it and see what fits it for it.”

    Dr. Kapoor, Dr. Eroshevich and Stern are charged with conspiring to illegally provide Anna 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 what they say was a strong-willed woman who directed her own course of medical treatment.

    Larry told Access that Howard has become an unlikely comrade after an epic international paternity battle against him. Howard maintained he was Dannielynn’s father for months, until a DNA test in the Bahamas proved otherwise.

    “Howard has actually turned out to, believe it or not, [be] a friend because he’s helped,” Larry explained. “He’s actually helped me. He helps me with all things that were Anna before me, and estate stuff.”

    And while Larry thinks Howard knew of Anna’s drug use, he does not think he is culpable in her death.

    “Never once did I see Howard inject Anna with any medication,” Larry told Access. “As far as hurting Anna Nicole and hurting Daniel and things of that nature, I would be totally shocked to hear that something would come down or he would be shown to be guilty of that.”

    His support is so strong, he even allows Howard to see Dannielynn.

    “Howard of all people has actually been kinder to me than some of Anna’s own family members. And he’s actually helped me through a lot of things that I wouldn’t have known whether it was something estate related or whatever,” he continued. “It’s actually become an odd type of friendship but it is there.”

    Larry does not have the same type of relationship with Anna’s mother, Virgie Arthur, who is currently suing Larry for defamation.

    “The V word,” Larry said, referring to Virgie, when asked if she sees Dannielynn. “You know, no she doesn’t and that’s unfortunate too. And at this time, there’s a couple legal things going on and there’s a couple open cases that she has against me at this time… so, it would be a little hard for me to have interaction with her, but I’ve learned, when you’re in Anna Nicole’s world, never say never. You never know what could come next. And who knows.”

    According to Larry, Anna’s death was due to the loss of her son Daniel.

    “You know on her death certificate it says accidental overdose but I think it was a combination of broken heart and she just couldn’t go on after Daniel,” Larry told Access. “And the fact that she was so rundown. She had all these battles in front of her and she just didn’t know… she didn’t have the guidance or the energy to face them or get everything over with and I think ultimately when Daniel died, and I talked to her several times after that, and even though we had this public battle, we have conversations, communication up until the time of her death. She just wasn’t herself. She never was herself again.”

    Copyright 2009 by NBC Universal, Inc. All rights reserved.
    This material may not be published, broadcast, rewritten or redistributed.

  83. Sammy1 says:

    http://www.radaronline.com/exclusives/2009/10/larry-birkhead-court-appearance-%E2%80%9Ci%E2%80%99m-ready-go-i-was-ready-go-two-days-ago%E2%80%9D

    Larry Birkhead On Court Appearance, “I’m Ready To Go, I Was Ready To Go Two Days Ago”
    By Jimmy
    Created 10/15/2009 – 7:41pm

    Larry Birkhead, Anna Nicole Smith’s ex-boyfriend and baby daddy to little Dannielynn Hope, was due to testify in court Thursday in the preliminary hearing against Howard K Stern, Dr Khristine Eroshevich and Dr. Sandeep Kapoor.

    However, the day was passed with testimony by Anna’s former bodyguard, Maurice Brighthaupt, and Birkhead is now scheduled to give testimony Friday.

    Birkhead was ordered to return to court Friday morning at 9.30am, and he’s raring to go. Birkhead told RadarOnline.com “I’m ready to go, I was ready two days ago.”

    Meantime, during grueling cross examination from Howard K. Stern’s lawyer, Steve Sadow Brighthaupt was questioned about statements he made to the press after Anna Nicole died.

    “I intentionally lied when I said I never saw Anna Nicole take prescription drugs, or Howard injecting her. I thought it was what a good friend/bodyguard would say to protect her name,” Brighthaupt said.

    Sadow questioned the timing of Brighthaupt talking to California Department of Justice Special Agent Santiago. Brighthaupt said he “ducked” Santiago’s calls for months after Anna died.

    Sadow asked Brighthaupt if the reason why he finally called Santiago back was because two days previously Howard K Stern went on Larry King Live and accused Brighthaupt of stealing from Anna’s estate. “I didn’t call Santiago back at that time because I was accused of being a thief,” Brighthaupt insisted.

  84. Sammy1 says:

    The story we know continues to change. According to Mo Dr. K, HKS, Mo and another doctor put ANS in ice bath.

    http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9BBPGRO0

    Judge bars talk of Smith-doctor relationship
    By LINDA DEUTSCH (AP) – 2 hours ago

    LOS ANGELES — Saying he wanted to avoid “a circus sideshow,” a judge barred prosecutors Thursday from asking a witness whether a sexual relationship existed between celebrity model Anna Nicole Smith and the woman psychiatrist accused of providing her with excessive medication.

    Superior Court Judge Robert J. Perry objected when the issue was raised during questioning of Smith’s bodyguard.

    “What’s the relevance?” he asked Deputy District Attorney Renee Rose.

    Rose said it would show motivation for Dr. Khristine Eroshevich to grant Smith’s demand for increasing amounts of medication.

    Search warrants executed in the case and released a few weeks ago described photos of Smith and Eroshevich in a bathtub in a sexual situation.

    “This is a preliminary hearing,” Perry told the prosecutors. “It’s not a trial. It’s to determine if there’s probable cause for a trial. I’m just not going to turn this into some circus sideshow.”

    Though he shut down questioning on the issue for now, Perry said it could be raised at trial before another judge, who could then rule on its relevance.

    Rose said the prosecution would contend that Eroshevich prescribed medications for Smith under false names because she was “someone who had a motive to become the central person in the entourage.”

    “Dr. Eroshevich becomes the most important person in her life,” Rose said. “She becomes the main prescribing entity.”

    Co-prosecutor Sean Carney said expert medical witnesses would testify there was a breakdown in the professional boundaries between doctor and patient, evidenced by a sexual relationship.

    “When you have someone who is an addictive personality, the doctors will testify it was important to maintain professional boundaries,” he said.

    Eroshevich, Howard K. Stern and Dr. Sandeep Kapoor are charged with conspiring to illegally provide controlled substances to Smith.

    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.

    In his second day on the witness stand, bodyguard Maurice Brighthaupt said repeatedly that Eroshevich and Stern, who was Smith’s boyfriend-lawyer, never meant her any harm and cared deeply about her well-being.

    The point was highlighted by attorney Adam Braun, who represents Eroshevich, during his cross-examination.

    Outside court Braun called the sexual allegation a distraction and said the judge made the right call in barring the testimony.

    Under Rose’s questioning, Brighthaupt gave a vivid description of Smith’s agonizing final days, saying she was swigging sleep syrup, swallowing prescription medications and wandering in a dazed state.

    He said that in October 2006, one month after Smith’s son died, she went into the swimming pool outside her hotel suite, fell off a float and sank to the bottom. He said he fished her out and did CPR to revive her.

    Brighthaupt, who is a paramedic, said Smith later began running a fever so high he wanted her to be taken to a hospital. She refused because “Anna said the paparazzi are going to be there,” he recalled.

    Smith had been in the headlines since her son, Daniel, died in September 2006 after being stricken in her hospital room in the Bahamas, where Smith was recovering from giving birth to her daughter, Dannielynn.

    Brighthaupt has testified that Smith was so devastated by her son’s death that she was unable to sleep or function and began abusing prescription medications.

    She had come to the Florida hotel with Stern to buy a boat and was ill when she arrived, according to testimony.

    On the day before Smith died, Brighthaupt said Eroshevich and Stern were present with another doctor when Smith, running a 105-degree fever, refused to go to the hospital.

    “I got everyone in the room to agree if we couldn’t get her temperature down we would take her to the hospital,” Brighthaupt testified. He said the group decided to have him put her in a tub of water and pour ice over her.

    “She was crying and begging to come out of the ice water,” said Brighthaupt who thought it was the wrong therapy for the condition. Eventually, he said the ice brought her temperature down to 96 or 97.

    “I wanted her to come out,” he said. “I couldn’t stand it when she cried.”

    Eventually, he said, “I picked her up and put her in a towel on the bed.”

    The following morning, he said, Stern left to look at a boat and Brighthaupt was dispatched to pick up visitors from the Bahamas. The bodyguard left his wife, a registered nurse, to watch over the sleeping Smith. After a short time, she called him.

    “She said, ‘Anna’s not breathing,’” he recalled, saying he told her to call 911 while he rushed back to the suite.

    “She looked pale. Her lips were a little blue. When I picked her up she was a dead weight,” he recalled. “I didn’t find a pulse. She wasn’t breathing. I just put her on the floor and began doing CPR.”

    Paramedics arrived but she never regained a pulse, he said.

    During the account, Stern covered his face with his hands in the courtroom.

    Copyright © 2009 The Associated Press. All rights reserved.

  85. BEVERLY says:

    BETH—I for one do not think there be a trial for Howard.I am sure this judge can see they are trying to make a case for murder,according to Don Clark,and the judge is not buying it,Larry and Howard are working for the good of Dannielynn,and I think it helps Howard,With so many medical problems,how was Howard to know what meds were needed,he did what DR E wanted,MOE,if he was telling the truth,as a EMT,WHICH HE IS NOT,would ask the same question I AM ASKING,WHY did Dr E pick CH as a sleeping aid for Anna,it is old and never used anymore.WHY because it was one MM used,and was found to be the cause of her deathMoe has so much lying to do,he is pretending to be so concerned,as a EMT, AND BODYGUARD,AND A WIFE THAT IS A NURSE,WHY was that order for CH not questioned.After pulling Anna out of a pool,

  86. JMA says:

    DiamondGirl [67] you are spot on in this post on so many issues.

    Moe’s testified Dr. E was trying to help Anna, it’s possible due to supposedly she was giving her placebo’s but she wasn’t helping Anna when she was writing scripts for all the other med’s. I agree at most Dr. E should lose her license and agree with you are her being an Anna wannabe.

    As for Anna’s finances like you, I do not believe Anna had enough money to be taken and put into offshore accounts. I cannot remember but who started that fairy tale? Was it Larry?

    Lastly, the final part of your post cracked me up especially you asking Moe if he is still dreaming about Anna’s luscious lips that was too funny :lol: On the serious side of that though, who in their right mind would make a comment like that publicly. IMO that comment coming from Moe was so wrong on so many levels for starters Anna was his employer.

  87. JMA says:

    Beth [74] in reference to…

    “Just saw DC on HLN… well for a min, the feed got cut! No, I had nothing to do with it!”

    Sure you didn’t ;-) you used your telepathy powers didn’t you :lol:

  88. JMA says:

    Looking forward to hearing/reading about tomorrows court proceedings hope Sadow gets to do his cross exam on the Mighty Big Moe.

    OK night all

  89. hmm says:

    So now there was another doctor there at the time Anna was so sick.Why would Taz a Nurse not call 911 instead of calling Moe and then Moe calling Howard before calling 911.Me thinks Taz and Moe both have some answering to do.Will Moe be able to live with himself knowing that if Taz had called 911 right away Anna might have been saved.I would bet that is something Howard would have questioned Moe and Taz about.Is Taz going to be a witness?
    LB seems to be walking the straight and narrow and has covered himself fairly well,with things he might have implied while in the custody battle and explained the reasoning behind it. He knows how to put the right spin on it to help their cause ,meaning his,Howards and Dannielynn.Moe might be saying a lot of things but he is also saying Howard loved and cared for both Anna and Daniel and would have done nothiung to harm either one.That Dr E was doing what she thought best for Anna. Does no one else see the contridictions in his testimony and I am talking about just during this While LB may have said some things in the heat of the moment during the custody battle he has never ever said anything about Howard hurting either Anna or Daniel.

  90. hmm says:

    Why did Santiego(sp) say Howard cancelled the doctor and now we find out their was another doctor there..This whole thing is a bunch of hooey though up and pushed by DC and McShane and the Texas gang of despots.JMOO

  91. hmm says:

    How much ya want to bet that McShame DC and WV are huddled together trying to frame answers to any questions they may be asked in court under oath without out right lying.I bet they are rereading their depos so they don’t get caught lying again JMO

  92. Beth says:

    Sammy [85] Thanks for that link. OMG! Did you see Rachel tonight? Holy Cow! Great interview!
    She even cancelled the next segment she had w/ this guy (far right)… I am surprised he dared to go on her show!
    Try to catch that later if you missed it.

    Beverly [86] I so hope you are right that HKS will not go to trial based on these charges of lies and gossip from TX!
    If he must get in trouble for a script being in his name then so be it… but not the other garbage which was a CLEAR SMEAR CAMPAIGN to get HKS out of being ANS’s Executor.
    *** DO NOT WORRY ABOUT THERE EVER BEING A CASE OF M****R! THERE WAS NO INTENT BY ANY OF THESE THREE, THAT IS EVEN CLEAR TO THE HKS HATERS. HER DEATH WAS PROVEN SCIENTIFICALLY TO BE ACCIDENTAL AS WAS HER SONS. That will NEVER change.
    (Just like thousands of other accidental overdoses each year)

    JMA [88] How I do wish I did have some powers!
    I know the first thing (or person) I would ‘throw’ into the air w/ my mind! :D

    Hmm,
    Exactly!
    I hope that Sadow can really bring the truth out loud and clear!
    Especially from those hostile witnesses. I can just hear them now, we think he is guilty and we are still looking for evidence of these facts.
    We feel we are better investigators than any LE out there…
    HKS is in our way, we tried to talk LB into coming on our side, but since he said his daughter was not for sale then see what we are doing to him?
    We have him in a baseless lawsuit in TX, we know none of the Defendants defamed or conspired to do anything about VA… We just know we can make them pay money until they BEND TO OUR WILL AND GIVE UP… UNTIL THOSE DEFENDANTS DO WHAT WE WANT because we think we are freaking GOD due to the fact of having millions that we will not rightfully and legally give to our past clients in those class action suits we talked them into getting into. jmoo

    ^^^^ Yep I know a ‘run-on’ sentence! Just could not stop! ;)

    [92] hmm, there is no way they can look credible if the questions are asked correctly with what they (TX) actually did ‘inserted’ in the question to them.
    Even if they do not answer, it would be said out loud. imo anyway.

  93. Beth says:

    Sammy,
    Thanks!
    Those pics on the wall DID brighten up my day! :)
    Genius!
    ;)

  94. BEVERLY says:

    JMA—–I do not believe Dr E was giving Anna placepo’s,In the first place you can get from the pharmacy empty capsules,she ordered the med itself.I do not believe they went down the toilet either.Is is not a little odd,that Moe noted and had to tell drug enforcement he saw Howard give Anna meds,BUT as a BODYGUARD TO Anna,never question the meds she was getting,did not see the need to question certain meds,SOME BODYGUARD,AND EMT.He said he talked with Dr E and she was concerned about Anna drug use,then like it or not Anna should have went to a hospital for a overall evaluaction.In the Bahamas under different name.

  95. Beth says:

    repost:
    ~~~~~~

    “2306. Updated: 10/15/2009 06:09:15 PM PDT

    “Stern’s lawyer, Steve Sadow attacked Brighthaupt’s truthfulness under cross-examination Thursday.

    Brighthaupt acknowledged accepting payments of $150,000 for interviews with various cable TV outlets after Smith’s death. Many of the things he said then were lies, crafted to protect her reputation, he said.

    Among them were statements that he never saw Smith take illicit drugs and that she was in control of everything, including decisions about her medication.

    “I had a lot of time to think about everything I said in the past, and I’m trying to rectify everything now,” he said.

    Brighthaupt was expected to conclude his testimony Friday. Larry Birkhead, the father of Smith’s daughter, was ordered by the judge to be ready to be the next witness.”
    Posted at 9:30PM on Oct 15th 2009 by Howard Supporter”

  96. Beth says:

    repost:
    ~~~~~

    “2307. HKS Prelim Continues 10-15-09 Day 3 – Prosecutor unwittingly continues to bolster the defense.

    • Big Moe testifies to the exceptional care provided to ANS

    Dr. E concerned about the overdose potential and used placebos at times (which is done to reduce active medication intake and/or test the effective total daily dose and/or test the continued need for specific medications and/or reduce the overdose potential when the patient is left alone to administer her own medications for extended periods) according to Big Moe. We have been aware of the private team HKS assembled to help ANS at her darkest personal moment and fend off the continuous public attacks from nasty Opri, VA and the tabloid press in general after Daniel’s tragic accidental death.

    “She was very concerned that we needed to wean her off the medications,” Brighthaupt said.

    Cross-examination concerning Big Moe’s paid appearances on TV early on served to balance out the extremes of his otherwise positive testimony (that was contrary to the prosecution theories).

    • Judge slams the prosecutor for her continued attempts to bring salacious innuendo into his Court

    Another ‘but, but, but’ moment for the ‘TX cabal’ as Prosecutor forbidden to ‘go tabloid’; gossip, fabrications and appeal to the lowest common denominator don’t work outside of Houston (we know this also from the NY, SC, The Bahamas and FL cases). The Prosecutor was actually going to bring in an ‘expert’ to chit-chat about the undue influence that sex would have on a Doctor’s prescribing habits.

    “I’m just not buying that,” Los Angeles Superior Court Judge Robert Perry said.

    This is the Prosecutor who also has members of the TX cabal on the witness list (even a ‘whiff’ that the DA ‘knew’ the TX cabal would have been enough to severely tarnish the State’s case)! Wait until those docu_mented heinous liars show up before this Judge. Maybe the question of ‘why’ the Prosecutor is associated with people who couldn’t possibly know any facts relevant to these charges will be explored. The fact the Prosecutor named them as witnesses, whether she is crazy enough to call them or not, makes them fair game for the defense to call, as it may be necessary, since the ‘State’s compelling interest’ in their testimony is established.

    • Prosecutor continues to offend members of a potential Jury Pool

    So, Renee Rose has taken the TX cabal ‘HKS is a murderer’ storyline before the Judge; shot down. Next up was the ‘sex as motive’ storyline; no go. What’s next, the fabricated Cosby/Clark ‘gay sex relationship based murder/fraud conspiracy’ and/or the fabrications of financial motives dating back to 2006 from VA and nefariously enhanced in 2007 by O’Q? Some of the usual tabloids are having a field-day reporting the (disallowed) prosecution arguments as if they were dispositive.

    Maybe the prosecutor will eventually sail-right and attempt to bring forth credible people to attest to the ‘meeting of the minds’, the alleged conspiracy, that Big Moe for one has effectively and repeatedly testified against (in so many words) already.

    • Check out ‘Access Hollywood’ today:

    http://www.accesshollywood.com/larry-birkhead-on-howard-k-stern-the-upcoming-trial-and-what-he-thinks-killed-anna-nicole_article_24262

    ““Never once did I see Howard inject Anna with any medication,” Larry told Access. “As far as hurting Anna Nicole and hurting Daniel and things of that nature, I would be totally shocked to hear that something would come down or he would be shown to be guilty of that.”

    His support is so strong, he even allows Howard to see Dannielynn.

    “Howard of all people has actually been kinder to me than some of Anna’s own family members. And he’s actually helped me through a lot of things that I wouldn’t have known whether it was something estate related or whatever,” he continued. “It’s actually become an odd type of friendship but it is there.””

    Posted at 10:02PM on Oct 15th 2009 by Only swim in the Ocean”

  97. Sammy1 says:

    Beth #94 – so glad you enjoyed the pics – I couldn’t stop laughing when I saw them – just a little something to brighten your day. Do you think Rose would enjoy them as well?

  98. Sammy1 says:

    Beth #93 – I haven’t watched Rachel yet. Rachel’s first showing is at 9:00 here. I’ll catch the show during a repeat airing at 11:00.

  99. Beth says:

    Yes Sammy — Rose would love to read that and see the mural!

    It is a must see! > (Rachel) She held her own… I have so much admiration for her!
    I hope she is beating out FOX in the ratings!

    I am out guys, night.

    I read Daniel’s piece…
    I wanted to say to him;
    Yes it is sad… but please do not take to heart the lies that Mo possibly got paid to say.
    * I will not put that under his article though… Would not want to offend, as it seemed
    like he was actually believing that garbage. I do hope I mis-understood though,
    and I am wrong in my interpretation of his words.

  100. pixiesmom50 says:

    why when I am reading DD or even Rose and Ken I feel they not HS or LB supporter any more like DD making MO like a hero when you lie about one thing you will lie about any thing MO support HS in the past now he change and when you go in the TV and you said that for money you cant be trusted .I just feel like I am reading a comment from QV or what you call the dark side and try to make DR looks like an mother Treasa .I do not think that she did any thing wrong but do not blame HS because some one do not like him or his layers and make his team looks like a stupid people and Mo and MacCab is no 1.

  101. Sammy1 says:

    Here’s the latest Harriett Ryan’s article for LA Times – once again we have some differences.

    latimes.com
    Anna Nicole Smith’s boyfriend dismissed idea of drug treatment for her
    He said it ‘would kill her,’ the late model’s onetime bodyguard testifies at an ongoing hearing to determine whether prosecutors have sufficient evidence to try Howard K. Stern and two physicians.
    By Harriet Ryan

    8:07 PM PDT, October 15, 2009

    Anna Nicole Smith’s boyfriend was urged to send her away for drug treatment but dismissed the advice, saying rehab “would kill her,” the late model’s onetime bodyguard testified Thursday.

    Smith overdosed on prescription medication months after a conversation recounted by bodyguard Maurice Brighthaupt at an ongoing preliminary hearing to determine whether prosecutors have sufficient evidence to try Howard K. Stern and two physicians for illegally furnishing the Playboy playmate with sedatives, opiates and other drugs.

    In his second day on the witness stand, Brighthaupt said he and one of the doctors charged, Dr. Khristine Eroshevich, frequently discussed their shared concern about the quantities and types of medications Smith was consuming in the period leading up to her 2007 death. He said Eroshevich, who was prescribing many of the drugs, chastised the model about following dosage instructions and at times resorted to throwing out pills when Smith wasn’t looking.

    Stern, her constant companion, brushed off the suggestion of drug treatment and Smith herself became irate when she learned of it, Brighthaupt testified. Stern, Eroshevich and internist Sandeep Kapoor have pleaded not guilty to the charges.

    Superior Court Judge Robert J. Perry barred the prosecution from questioning Brighthaupt about an alleged sexual relationship between Eroshevich and Smith. Investigators found on Smith’s computer nude photos of the women embracing, and Deputy Dist. Atty. Sean Carney told the judge a sexual relationship would underscore the “breakdown of professional boundaries between doctor and patient.”

    But the judge disagreed. “I don’t think the probative value is sufficient to get into it at the preliminary hearing,” Perry said. “I’m not going to turn this into a circus sideshow.”

    harriet.ryan@latimes.com

  102. pixiesmom50 says:

    when Anna died DR E was in ET and I taped it and she told ET all the name of the drugs that she gave Anna and the use of it now we try to make HS the bad guy and she was concern about Anna she gave to her not HS

  103. Rose says:

    #101 pixiemom50 Why do you think I am like the “dark side”… I put up what court observers see, relate and I can verify.

    EVERYONE I have talked to in Court says Mo comes across VERY BELIEVABLE, does that mean he is telling the truth… NOPE… just good at what he says…Do I think Sadow or any of the other defendants’ lawyers are showing all of their “cards” or “arsenal” now at this point ….. NO

    I found it very interesting that what HKS said on Larry King Live with Wood about Mo in Oct. 2007 and THEN Mo feels “NO loyalty to Anna”? Now he wants to tell all to set the record straight???? I am not buying it but I am being respectful now of those I believe who are in court and we are not…

    I hate we are all seeing this side of Anna’s life, but I so understand about those last months of her life. I used to say when my son was younger if he died to not even try to save me, just dig two graves… I am sure that Anna felt like somehow God took Daniel because she wanted a little girl so much, to me that is what killed ANS not people… I cannot even begin to fathom the hell she went through.

    Do I think any of these 3 contributed to her death HELL NO, have yet to see any evidence of that… as there is a saying we haven’t seen the fat lady sing yet. That is a saying right???

    I think the judge was dead on yesterday about “If someone chooses to take a handful of pills whose fault is it”? The fault is the adult taking them not those around her who felt hopeless and helpless… remember HKS and everyone to date says ANS spirit died with her son… it seems easy enough to me to “get”… This is about did these 3 ppl conspire to prescribe masses amount of drugs to a “known addict”… I don’t even see Mo saying she was a “known addict” and that Howard wanted to die when Anna did… that is why he was so believable to those court observers…

    I don’t think Daniel DiCriscio is turning against HKS or any of the doctors, I think he remembered the beautiful vivacious Anna and felt sad and sick today… any of us would have… I felt that way and I never met ANS….

    I am so sorry you think this site has turned from support but more importantly from honesty…

    I don’t think any of the defense lawyers are about to lay all of their cards on the table now… My questions is why is California paying for this very public Preliminary hearing??? Who is getting what out of all of this??? Who needs or wants this kind of publicity and what is driving it???

    Remember the bar is so low that you can have someone held over for trial based on a ham and cheese sandwich so what is up with this much info. for this long now???

  104. pixiesmom50 says:

    I am sorry but almost every day something negative about

    sorry to com this way but i know you do so much but the way was put most of the time something negative about HS or LB or HS’ layers .I have strong feeling because I am in a small town and so many young and old one died this way and you do not think that any one will do that .

  105. Ken says:

    Remember, DD left before lunch, so he never got to hear the defense cross examine Mo.

  106. Beth says:

    [104] “Who is getting what out of all of this??? Who needs or wants this kind of publicity and what is driving it???”

    IT IS CLOSE TO THE ELECTION YEAR…
    NEW GOVERNOR COMING, NEW APPOINTMENTS.

    *** I so agree w/ HS on this observation:

    “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”

    ~~ ’shades of Marcia Clark’ > EXACTLY!

  107. Rose says:

    The comments on this article IS NOW CLOSED, ALL COMMENTS MADE TODAY HAS BEEN MOVED OVER TO THE NEW ARTICLE FOR TODAY.

    Thanks everyone…. :)

  108. [...] Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich … [...]

  109.  
Member of the Boxxet Network of Blogs, Videos and Photos Best of Anna Nicole Smith