Harvey Levin

Here is this week’s filings and the open discussion board on the Anna Nicole Smith’s cases. Any filings received this week will be permanently linked in this article.

August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Larry Birkhead.

August 16, 2010 Virgie Arthur Notice of Non-Suit with Prejudice in relations to Harvey Levin and TMZ Productions.

August 16, 2010 Virgie Arthur Notice of Submission for August 26, 2010 her Motion for Leave to add Busy Street Productions LLC

August 16, 2010 Virgie Arthur’s Revised Exhibit B correcting her proposed Sixth Amended Original Petition.

No I have not read the revised Exhibit B

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site. THE FORUMS IS THE ONLY PLACE I WILL DISCUSS THESES CASES AN THE IDIOCY OF DEVELOPMENTS.

©Rose Turner
August 16, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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139 Responses to “Anna Nicole Smith Cases, Birkhead, Harvey Levin and TMZ non-suite with Prejudice by Virgie Arthur”
  1. Sammy1 says:

    Aug 16, 2010 5:07 pm US/Central Defense Questions Witness In Anna Nicole CaseLINDA DEUTSCH, AP Special Correspondent
    LOS ANGELES (AP) ? A hospital psychiatrist who has been critical of Anna Nicole Smith’s doctor for overmedicating the model was accused Monday by a defense attorney of weaning Smith from addictive drugs too quickly and ignoring the celebrity model when she went into distress.

    The cross-examination of Dr. Nathalie Maullin by attorney Steve Sadow, who represents Smith’s lawyer-boyfriend Howard K. Stern, was the first volley in a battle of doctors expected to dominate the case.

    Stern is a co-defendant in the drug conspiracy case.

    Maullin testified she treated the former Playboy model at Cedars-Sinai Medical Center when she came in pregnant and in withdrawal from the painkiller Methadone and the anti-anxiety drug Xanax.

    Maullin said she concluded that Smith’s doctor, co-defendant Sandeep Kapoor, had prescribed drugs that amounted to “overkill” for Smith’s condition.

    On cross-examination, Sadow elicited testimony from Maullin that she diagnosed Smith in 45 minutes as having a borderline personality disorder and ordered her weaned off Xanax.

    Testimony also indicated Maullin was slow to respond when she began receiving calls from the hospital reporting Smith had hallucinations, couldn’t sleep, was agitated and had fallen out of bed, suffering bruises.

    Maullin said she didn’t rush to the hospital when the calls came in over two days reporting Smith was extremely agitated and impatient.

    Maullin said she didn’t consider it an emergency.

    “She was safe. She was in a hospital. Nothing bad was going to happen to her,” said Maullin.

    A nurse’s notes from the period showed that Smith was complaining of pain all over her body, Maullin acknowledged. But she said she was never told that.

    Maullin said when she did arrive at the hospital, she encountered Stern who had been at Smith’s side throughout.

    “I think he cared very much how she was,” said the witness.

    “Do you remember telling him the detox might have been too aggressive?” asked Sadow.

    “I could have,” she said.

    Kapoor, Stern and Dr. Khristine Eroshevich have pleaded not guilty to conspiring to provide excessive opiates and sedatives to Smith. They are not charged in her 2007 overdose death.

    (© 2010 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

    http://cbs2chicago.com/wireapnational/Defense.attorney.in.2.1861771.html

  2. Rose says:

    Sammy1 Thanks that Sadow is a powerhouse he is good isn’t he??? Now this doctor lack of care of the patient is being made the issue…

  3. heath says:

    I think Sadow has done a good job…shows she was not very caring as a Doctor as well..

  4. Liann says:

    ” A nurse’s notes from the period showed that Smith was complaining of pain all over her body, Maullin acknowledged. But she said she was never told that. ”

    I wonder if it is standard protocol for a Doctor to read the nurse’s notes about their patient complaints when they are not there.

  5. Sammy1 says:

    Rose – I think delaying the articles about various individuals is the right decision. I’ll be the first to admit I want to know all the things going on behind the scene. Hey, I watch most of the entertainment shows, read at TMZ on a daily basis and read People magazine.

    On another note, I’m going through the FL Buriel Hearing videos putting into sequence. Seidlin really went off when it came to questioning VA as to whether she had received money from Splash, ABC. CBS and others. Her answer was NO. We now have confirmation from court documents that the correct answer is YES. That Hearing was an absolute circus. Okay, off my soapbox.

  6. JMA says:

    UM wasn’t the whole reason LB was added to the suit due to Team Texas thought there was a connection between him and TMZ? Did they Non-Suit him [LB] due to TMZ is out of the Lawsuit?

  7. JMA says:

    heath [3] exactly, regardless whether she thought it was an emergency or not the point is she knew Anna was pregnant and was detoxing.

  8. Rose says:

    JMA I think, not sure but without TMZ they can’t keep LB… the two were tied together… I did note that those with lawyers seem to be non-suited and release at a fairly quick pace here now…

  9. Rose says:

    Sammy1, Yea I thought over what you said we might do some discussion in the forums, but it is important to let the whole legal things play out in court… I have sat on this info. for over 2 years, 2 months is no big deal…..

    Ok I have a thought I am throwing out here NO facts she a question… if Splash is still representing VA and Splash sold that video to TMZ the only site to carry it, did TMZ figure out a way to pay VA something???? Just thoughts and musings…

  10. Rose says:

    Maullin said she didn’t consider it an emergency. “She was safe. She was in a hospital. Nothing bad was going to happen to her,” said Maullin.

    Am I the only one to see this as a stupid statement, things happen to ppl all the time in hospitals that is why you need a damn good advocate… is this just attitude or does this doctor really believe this???

  11. Sammy1 says:

    Rose #10 – don’t have an answer for you but I do agree with your line of thinking. If Anna fell out of the bed, would it not be in the best interest of the hospital to have someone in charge other than the nurse check the patient for injuries? Let’s see – pregnant woman, bruises, why did she fall, hmmmmmmmmmmmmmm ….

  12. Beth says:

    REPOST of OSITO:

    “..Busystreet is charged with having published and commented on matters that are non-defamatory as a matter of law. It has already been decided that CBS which paid for the ‘Mommie Dearest’ and ‘Prison’ interviews did not defame or otherwise harm VA. There is no evidence (never has been) that HKS had a meeting of the minds with any other person left over in the ‘bloggers’ case to defame VA. VA like all members of the crawling out from under the woodwork cabal actively campaigned for media appearances, was paid handsomely yet denies the clear truth of the matter. Both cases that the O’Q Law Firm has filed in TX as CBS eloquently pointed out have been frauds upon the Court. McCabe’s oft repeated ‘digging for VA dirt’ is simply relating true information and commenting on its implications. That is not defamatory activity toward a private person much less a limited public figure like VA.

    When SCOTUS granted ANS’s Petition for Certiorari in the then named Marshall v Marshall case (Vicky Lynn Marshall v E. Pierce Marshall) in September of 2005, VA was already in the marketplace peddling whatever venom any entity was willing to pay; trifling bitchiness largely at that early time and of low ‘value’. The granting of cert stunned the legal community and was a milestone for HKS and his team of hand-picked expert constitutional, bankruptcy and appellate lawyers. The oral arguments in the highest Court in February 2006 and especially the open skepticism expressed by Justices toward E. Pierce’s counsels’ legal positions increased the tabloid value for VA and her criticizing mouth as SCOTUS was likely to side with ANS. SCOTUS over-turned the 9th Circuit on the 1st of May 2006. The prospect of the ‘Marshall millions’ soon brought Cosby/Opri into the fray with their hands out. The tragic accidental death of Daniel brought O’Q and his boys quickly into the action coopting Cosby, Opri and Splash! to be the ‘central office’ of mediawhoring. Get the baby and get the millions was their only motivation and it was to be accomplished at any cost. All of this occurred before ANS’s tragic passing.

    Cosby, Opri and O’Q all went down in flames when the truth was dragged out of them and their multiple ‘colleagues’. The ‘Mommie Dearest’ case laid out the truth AGAINST VA and the TX cabal in all its dirty details yet was cloaked in confidentiality as McCabe dismissed with prejudice and focused on the crazy 280th. VA bled CBS for hundreds of thousands then sued CBS when the public turned strongly against her. There is the fraud: VA and others engineered a media storm for big bucks with lies and bigger lies, were bitten on the ass for their efforts then sued those who were previously their BFF’s and benefactors.

    The SC case will outline criminality within the context of a civil conspiracy. Delusional SB (with her Motion to Dismiss) is already eleven days late for her Answer to HKS’s 1st Amended Complaint. She can claim in Court filings to not have done this and that but cannot commit her statements to writing and under oath.

    VA’s phony adversarial proceeding against Bonnie in CA Bankruptcy Court is predicated on the unlawful and now irrelevant actions, findings and decisions of the 280th. Bonnie has already staked out that solid position in her status report and could just sit back and wait for the CA court to agree with her and boot VA/McCabe. Posted at 4:36 PM on Aug 16, 2010 by Only swim in the Ocean”

  13. Rose says:

    Beth has always Swims is methodical, technical and appears to have the right time line (again I came in late in Feb. 2007 after ANS death, but I will take y’alls word that the time line of the SCOTUS filings and hearings are right.

  14. Grammy says:

    It was the information in the AH MSJ that caused the quick release of the defendants with attorneys. LB’s attorney would have filed the same motion. This case is dead and stinking. He just wants to keep it going as long as he can. I look for Bsyst to file a similar MSJ and anyone that joins that one will get a quick non suit also. There is no case and he knows it. There was no defamation everything was public records and VA was and is at least a limited public figure and therefore fair game.The house of cards is falling. IMO

  15. Liann says:

    Rose, I was thinking the same thing..

  16. Liann says:

    Rose #10

  17. Sammy1 says:

    Here’s an updated version of the latest article. About half or a little more down

    http://news.yahoo.com/s/ap/20100817/ap_on_en_ot/us_anna_nicole_smith_6

    Defense questions witness in Anna Nicole case

    By LINDA DEUTSCH, AP Special Correspondent Linda Deutsch, Ap Special Correspondent – Mon Aug 16, 8:44 pm ET
    LOS ANGELES – A hospital psychiatrist who has been critical of Anna Nicole Smith’s doctor for overmedicating the model was accused Monday by a defense attorney of weaning Smith from addictive drugs too quickly and ignoring the celebrity model when she went into distress.

    The cross-examination of Dr. Nathalie Maullin by attorney Steve Sadow, who represents Smith’s lawyer-boyfriend Howard K. Stern, was the first volley in a battle of doctors expected to dominate the drug conspiracy case.

    Maullin testified she treated Smith at Cedars-Sinai Medical Center when she came in pregnant and in withdrawal from the painkiller Methadone and the anti-anxiety drug Xanax.

    Maullin said she concluded that Smith’s doctor, co-defendant Sandeep Kapoor, had prescribed drugs that amounted to “overkill” for Smith’s condition.

    On cross-examination, Sadow elicited testimony from Maullin that she diagnosed Smith in 45 minutes as having a borderline personality disorder and ordered her weaned off Xanax.

    Testimony also indicated Maullin was slow to respond when she began receiving calls from the hospital reporting Smith had hallucinations, couldn’t sleep, was agitated and had fallen out of bed, suffering bruises.

    “She was safe. She was in a hospital. Nothing bad was going to happen to her,” Maullin said.

    A nurse’s notes from the period showed that Smith was complaining of pain all over her body, Maullin acknowledged. But she said she was never told that.

    Maullin said when she did arrive at the hospital, she encountered Stern who had been at Smith’s side throughout and was concerned about her well-being.

    “Do you remember telling him the detox might have been too aggressive?” asked Sadow.

    “I could have,” she said.

    Kapoor, Stern and Dr. Khristine Eroshevich have pleaded not guilty to conspiring to provide excessive opiates and sedatives to Smith. They are not charged in her 2007 overdose death.

    Lawyers for Kapoor and Eroshevich suggested in questioning that Maullin was extremely averse to prescribing medication and was given the nickname ‘Dr. No’ by colleagues.

    “It was a joke,” Maullin said. “They thought there were too many people who said yes to medication. They needed someone who would say no, and two people called me ‘Dr. No.’”

    Attorney Brad Brunon, who represents Eroshevich, asked about friendships between a psychiatrist and patient. Eroshevich was Smith’s neighbor and friend before she became her psychiatrist.

    Maullin said there was a line between a doctor-patient relationship and friendship that must not be crossed.

    At the end of their one-week contact, Maullin said she decided she could not treat Smith any further.

    “You washed your hands of her and said, ‘I’m done?’” asked Superior Court Judge Robert Perry

    “No, I offered her options,” she said. When Smith refused, Maullin withdrew as her doctor.

    In spite of her earlier criticisms of Kapoor, she said, “I had talked to Dr. Kapoor and I thought we were on the same page that she had to be off these medications. I actually felt good discharging her to the care of Dr. Kapoor.”

  18. Rose says:

    Ok I have a couple of observations that stuck out to me…

    “It was a joke,” Maullin said. “They thought there were too many people who said yes to medication. They needed someone who would say no, and two people called me ‘Dr. No.’” Her fellow doctors NAMED her Dr. NO??? The next question should have delved into was prescriptions against her religious beliefs…

    The second thing is:

    At the end of their one-week contact, Maullin said she decided she could not treat Smith any further. “You washed your hands of her and said, ‘I’m done?’” asked Superior Court Judge Robert Perry

    How many criminal trials have you ever heard of where the Judge heard something he FELT the need to clarify for himself??? At the rate this is going it would not surprise me if the judge dismisses the case at the end of the prosecution presenting their case that they had not reach the level that is required to read the bar of a criminal conviction…

    You have to shake your head if this is the top witnesses that the state have against these three…

  19. Liann says:

    OMG Rose, that is why I said RIP California the other day, All the money wasted on BS like this, I don’t care what anyone says … This case is NOT going to change anything in this state and if it is supposed to change Dr’s or celebs BULL SHIT. This case is being tried for one reason only Jerry Brown by way of Texas put a bug in his ear and by way of Georgia & South Carolina, Jerry Brown ran to it and now runs from it, I wonder if that had something to do the contributors passing. I can’t wait for Danny Santiago to be crossed.

  20. BEVERLY says:

    LIANN——In answer to your question #4,only if there is a problem (which there was).And as far a Dr Maullin,I am not getting,was this Dr home and (on call) ?or was another Dr taking her calls?Dr’s depend on the nursing staff to handle most problems.I do see a lack of compassion in this doctor,she sounds like she has burn out. This was a hospital,,there had to be more than one doctor.

  21. heath says:

    I wish we had more info coming from the Court. The Journalists are spinning this and leaving stuff out to make a statement that is more controversial..

    This medico would be someone I wouldn’t want to be my Doctor if I was in bad way. No compassion and her dislike of Anna shows through. Some sites are saying Anna died of an overdose of pills.. Why haven’t they done their research?

    Beth thanks for swims post.. wish he was in the Court room…

  22. JMA says:

    Beth [12] I found this part of Swims post very interesting “VA bled CBS for hundreds of thousands then sued CBS when the public turned strongly against her.” So did VA expect by selling Anna and Daniel’s souls to the media The World would love her for it. And what I do not understand is how she can sue the entity that was once shelling out the big bucks to her.

    This is my opinion in regards to VA being a limited public figure…

    IMO VA was on her way to becoming a “limit public figure” first by being the Mother of a Celebrity and then thrusting herself [video tape]into the high profile court battle between Anna [ the Celebrity] and Pierce Marshall [son of a Million/Billionaire] and lastly when she started selling out Anna & Daniel before their deaths.

    VA wasn’t the sweet little old lady just sitting home minding her own business while enjoying her retirement.

  23. JMA says:

    heath [21] I do to, I wanna hear from someone whose not gonna twist/spin what’s being said in the courtroom.

  24. heath says:

    #22 I think Splash and David Leigh would have tried to sell Virgie to whoever would have her..all the sites and Television and Magazines…it was crazy at that time. We forget how rabid it was.

  25. BEVERLY says:

    JMA—-Vergie was a sweet Grandma OQ felt sorry for,How shallow those remarks now that everyone knows the truth.You know,I am having a problem with Dr,Kris attorney,WHY in the world would he even bring up the question of PT/DOCTOR relationships,he just damanged his own client.

  26. JMA says:

    heath [24] and with VA’s permission they, Splash were able to sell her which is why IMO she is a “limited public figure” [<---- unless I'm misunderstanding the meaning] especially after her appearance on NG in 2006 making accusation against her own Celebrity daughter.

  27. DiamondGirl says:

    22. Did VA bleed CBs hundreds of thousands of dollars for herself or in legal fees?

  28. JMA says:

    Beverly [25] yes it’s possible O’Quinn did feel sorry for her and I have no doubt he knew how much $ his client profited off the poor Mother/Grandmother image.

  29. JMA says:

    DG [27] what legal fee’s? The O’Quinn Law Firm came free and I doubt seriously her Bahamas Attorney charged an excessive amount of :$:

  30. heath says:

    #9 Rose you are right.. that video on TMZ of Virgie had the splash writing on it so they must have sold the thing to TMZ and they would have paid Splash and they, meaning Splash would pay Virgie.

    Way to go guys….it is like a maze this media payment stuff..

    I also note that Virgie kinda got half the fee and Splash got half after they split the costs of the photographers and crew. But some was paid a year later. A lot of payments of $5,000 a month.

    Good to top up the old pension.

  31. DiamondGirl says:

    Anyway, some are talking about the timing of the fake wedding ceremony video being sold and when va sold the rights to her memorial service for Daniel. The timing does not matter. virgie was selling out her daughter PRIOR to Daniel’s death. While I do not agree with the fake wedding bit, it was his attempt at making Anna look forward to something and probably to make some money off of it. Anna apparently didn’t have boatloads of cash available like some think. What was virgie’s excuse for SELLING the memorial service to the media before Daniel’s mother could even work up enough courage to say that final goodbye to HER son?

  32. DiamondGirl says:

    Grrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr……………………….

  33. DiamondGirl says:

    JMA… CBS legal fees to defend against a bogus lawsuit.

  34. JMA says:

    DiamondGirl [31] I’m with you in regards to the Ceremony IMO Daniel’s burial should have been priority but at the same time it may have been the only way to cover the expense.

    In reference to VA, nope doesn’t matter what the time line was as we all know [right there in black & white] she was not just selling out Anna; she was selling out Daniel too. Amazing how some love to ignore that fact!!!

  35. JMA says:

    DG [32] :dunno:

  36. DiamondGirl says:

    Things are just not making sense logically. How can a law firm leave money to/for a client for her expenses in various lawsuits when the firm’s bills have not been paid? 90 million in bills IIRC. Isn’t that the reason why the executors are selling off the very things O’Quinn’s woman was left to take care of? But yet daily expenses are being incurred on behalf of or for virgie. Anyone have answers to this?

  37. JMA says:

    DG [36] I’m just as baffled as you are on that one :dunno:

  38. Rose says:

    #23 JMA, good news on that, since any articles I do until the trial is over is only going to be in the forum both JN and Daniel have stepped up and said they would go to court more… They both want us to go through that wonderful witness list Sammy1 did for us and pick what and which ones are the most important. Then I will get back with them and we will have some good coverage, not everyday like the AP but often enough to get a real insight to the feel in court.

  39. Rose says:

    #25 Beverly I thought the same thing, what is that about never asked a question you don’t know the answer to??? I would think this latest lawyer for Dr. Khris would by instinct know that to keep it away from the personal relationship and on the fact of the that Dr. Khris was trying to detox ANS slowly at the end, everyone seems to forget it was all at therapeutic levels EXCEPT the CH… And about Dr. NO not going because she did not think a pregnant woman falling out of bed and hallucinating when the nurses called her, but then the nurses never called her??? Which was it… I have more questions after yesterday then answers… I do like what Sadow is doing, he made not be defending all of the defendants only HKS, but he sure is helping all of them. perhaps Dr. Khris’s lawyer is not up to date on patient/doctor relationships? That was a very dumb question though everyone on that jury is going to know the right or proper answer to that one.

  40. JMA says:

    Rose [38] thanks I’m glad they are willing to do that for us here at Rose Speaks. Having one giving us the lowdown in court is great but having two is even better :wink:

  41. Sammy1 says:

    Rose, thank you for the kind words regarding the witness list. I’m trying to keep the spreadsheet updated with links to printed articles, dates the witness testified and have also added a jury member list with what little information we learned through the news. I’m headed out for an appointment but will forward to you before leaving.

    In regards to whom I most want to hear about from John and Daniel – any of the names we’re most familiar with. I’ll take whatever I can get.

    Okay, I’m sending the updated list to you and you can repost in Forums.

  42. Sammy1 says:

    http://abcnews.go.com/Entertainment/wireStory?id=11422345

    Judge in Smith Case Issues Warning About Remarks
    Judge tells witnesses to tone down remarks about drugs in Anna Nicole Smith case
    The Associated Press
    By LINDA DEUTSCH AP Special Correspondent
    LOS ANGELES August 17, 2010 (AP)

    Pharmaceutical experts testifying in the Anna Nicole Smith drug trial have been told by a judge to tone down remarks that might be inflammatory.

    The order given Tuesday in Los Angeles preceded testimony from pharmacology expert Gregory Thompson, who earlier said the drugs prescribed for the former model would be effective “if you were going to kill someone.”

    On Tuesday he testified the doses were extremely high.

    The judge’s admonition also applied to a pharmacist who once described the drugs ordered by Dr. Khristine Eroshevich as “pharmaceutical suicide.”

    Eroshevich, Dr. Sandeep Kapoor and Howard K.Stern have pleaded not guilty to conspiring to provide excessive opiates and sedatives to Smith. They are not charged in her 2007 overdose death.

    Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

  43. Rose says:

    Ok folks here is the latest updated list from Sammy1, both is Microsoft XL and PDF format… I do wish we could get something from the Court of D. A. as to the witnesses for the current week and the following week, it would make is it so much easier for all of us to pick the dates we really want Daniel or John to be there…

    PDF Link is:

    http://www.rosespeaks.com/downloads/ANS/criminal/8-17-10-California-Witness-Players-Articles.pdf

    EX Link is:

    http://www.rosespeaks.com/downloads/ANS/criminal/8-17-10-California-Witness-Players-Articles.xls

    I will link these both in the article and in the forums…

  44. Sammy1 says:

    #43 – The Excel spreadsheet is actually a set of 3 individual sheets. You will notice at the bottom are a series of tabs. Each tab represents a different spreadsheet – Articles, Witness List and Jury Members (based upon news articles). The Articles tab and the Witness List tab are cross referencing known data, ie, Articles … Witness on stand, date on stand and related published articles. The Witness List is broken down by Ft. Lauderdale/Broward County, South Carolina, Medical personnel, Experts, etc. Near the bottom of the Witness List is a group of individual names I don’t have the relationship for.

    The PDF format only reflects the Witness List.

    Anyone wanting to add to the list, feel free to do so. You can send me a PM in the Forums to make corrections/additions.

  45. Sammy1 says:

    Doctor in Anna Nicole Smith case allowed to leave
    By LINDA DEUTSCH, AP Special Correspondent

    Associated Press August 17, 2010 03:11 PM Copyright Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
    Tuesday, August 17, 2010

    A psychiatrist on trial in the Anna Nicole Smith drug case has left a Los Angeles courtroom in tears after prosecutors tried to block her from flying to New York to see her ailing mother.

    The judge overruled their objections and said Dr. Khristine Eroshevich may tend to her 97-year old mother who fell and broke a hip. Jurors were not present during the discussion.

    Eroshevich agreed that the trial can go on in her absence. The development came after testimony from a pharmacist who said prescriptions submitted by her and Dr. Sandeep Kapoor could have been fatal to Smith.

    Eroshevich, Kapoor and Howard K.Stern have pleaded not guilty to conspiring to provide excessive opiates and sedatives to the former model. They are not charged in her 2007 overdose death.

    Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/08/17/entertainment/e151107D84.DTL#ixzz0wuCPqDGO

  46. DiamondGirl says:

    oh boy……

  47. Rose says:

    Oh Sammy1 I thought the PDF conversion did all three lists, perhaps I should go through and do 3 so the posters have the full value of all of your hard work?

  48. Rose says:

    I know a lot of you don’t like Dr. Khris but having talked to here many many times, she truly is a gentle soul that was at the wrong place at the right time and paid for everything herself coming and going from the Bahamas, her ex-husband even wired money to her and HKS on multiple occasions to live on after Daniel’s death and now this horrible tragedy, Thank God for a good judge in this case… I really do believe and will always believe that Dr. Khris is a victim in all of this… or tried to be a Good Samaritan and became a target of a crazed politician seeking to wind a race or two of them in California…

    “A psychiatrist on trial in the Anna Nicole Smith drug case has left a Los Angeles courtroom in tears after prosecutors tried to block her from flying to New York to see her ailing mother.

    The judge overruled their objections and said Dr. Khristine Eroshevich may tend to her 97-year old mother who fell and broke a hip. Jurors were not present during the discussion.

    Eroshevich agreed that the trial can go on in her absence. The development came after testimony from a pharmacist who said prescriptions submitted by her and Dr. Sandeep Kapoor could have been fatal to Smith.”

    http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2010/08/17/entertainment/e151107D84.DTL

  49. BEVERLY says:

    May the evil,come back on the prosecutors 1,000 fold.You can bet Dr Kis mother will now not live to long,It is always fatal at that age.I am so glad you have a judge with compassion and brains,Rose that picture of him,told me he was a kind and understanding and fair judge.He knows how to temper the law with compassion when needed.My prayers for mom and family,God take care of her, :hug08: @};- :heart:

  50. Rose says:

    What is even sadder Beverly is Dr. Khris is an only child, she has an aunt or cousin one of the other she is close to back East, but her mother has been in declining health for a few years… How tragic to fall at 97 and how HORRID the prosecution tried to prevent her from leaving.

    I truly believe the judge is about sick of this trial, I continue to say I think he will dismiss it at the end of the prosecution side of the case as not meeting the legal bar for a conviction on either of the three… I wish all of you could talk to Dr. Khris she truly is a beautiful person inside and out, I have always felt for her and understood when she told me the whys, hows and whens… Her honesty as a physician is what allowed the M. E. to know what kill ANS, a doctor hiding things would have never come forward like that. She was trying to be a friend and a doctor after Daniel’s death and the lines became blurred, and AG Jerry Brown wanted to cash in on a high profile case…

  51. Sammy1 says:

    #51 – Rose – I totally agree with you. Dr. E was being a friend but got too close to the situation.
    I read elsewhere that Dr. E sold the Studio City property a couple of years ago and moved to New York to be with her Mother.

    I do wish Dr. E and her Mother the best and hope she recovers from her injuries.

  52. Rose says:

    Sammy1 I checked that with 2 independent sources that remembers it the way I was first told in 2008. Dr. Khris and her ex-husband who each owned part of that house put it up for sale in late 2007. Spent a lot of money updating and when they “thought” they had sold it the loan turned out to be the kind that cause the real estate market and banks who used this type of loan tumble… Dr. Khris worked right up to day one of this trial, remember she fought and won the right to keep her California medical license. She goes to see her mom on a regular basis but I have never heard she moved there. She loves California and she knew her mother was receiving the best care her money could buy and that her health was failing which went into her decion not to relocate and start over again. As of May of this year when the pre-trial hearings starting she still lived and practice in California.

  53. heath says:

    It is so sad that the Doctors mum has hurt herself and hope all goes well.

    The witness list.. I think the top of the list has to be the South Carolina Crew……..I think that should be definetly covered..

  54. BEVERLY says:

    ROSE——-I am trying with everything I have in me,not to be bothered by what I just read,at the cesspool site,those women are mentality deranged,What a discust to there family,s they are,and poor excuses,and a waste of human flesh.I would expect there comments,because backing a greedy mother,who did not have the love of her daughter,who;s daughter died HATING HER MOM,and I do mean HATING,I would never expect that crowd to understand mother daughter love,I do Pray each one gets what is comming to them,and they will.my opinion :moron: :bootyshake:

  55. Rose says:

    #54 Heath and JN is going to cover that for us, and Daniel just needs a time frame of when and who he is needed to cover… that is where Sammy1′s lists comes in to help… I think LB as well, and do you think Danny Santiago or anyone from the nannies is going to show up???

  56. BEVERLY says:

    PS I would love to have FS and Family covered.I wish I could be there to see the noose around there neck get tighter.

  57. Rose says:

    #55 Beverly all you can do is say a prayer for those people, the rest is in God’s hands…. Some of these folks do not realize that they too will one day lose someone or something that will make all of this seem trivial to them… I am taking it they hope that Dr. Khris’ mother dies??? If so that is sick and sad, sick and sad…

  58. Sammy1 says:

    http://www.centredaily.com/2010/08/17/2156553/judge-in-smith-case-issues-warning.html

    Witness: Dangerous drug doses prescribed for Smith
    By LINDA DEUTSCH- AP Special Correspondent
    August 17, 2010 9:18pm EDT

    LOS ANGELES — A pharmacist testified Tuesday he refused to fill a request from two doctors for drugs he believed would have killed Anna Nicole Smith if taken in the doses prescribed.

    Ira Freeman, who identified hundreds of prescription he filled for the Playboy model over five years, said he drew the line on Sept. 15, 2006, when he received a faxed request from Dr. Sandeep Kapoor.

    The doctor was forwarding a letter from psychiatrist Dr. Khristine Eroshevich seeking six heavy duty painkillers, opiates and muscle relaxants in large amounts, Freeman said.

    “My impression was it was excessive dosing,” he said, “and if they were going to use this level there would be fatal consequences for the patient.”

    Kapoor, Eroshevich and Howard K. Stern have pleaded not guilty to charges of conspiring to unlawfully provide excessive drugs to Smith, prescribing to an addict and obtaining false prescriptions involving the use of fake names.

    They are not charged with Smith’s death from an overdose in 2007.

    Under questioning by Deputy District attorney Renee Rose, Freeman said the six drugs he refused to supply included Dilaudid, Soma, Ativan and Methadone. Each drug was to be provided either in bottles of several hundred pills or in liquid form with syringes.

    Freeman said he called Kapoor’s office because, “I was concerned about the amounts being requested and looking at them had made a decision that I was not going to supply these meds.”

    Freeman said he told Kapoor: “I wouldn’t fill this request and you won’t find a pharmacy in California that will fill it.”

    He added, “I may have said this is pharmaceutical suicide,” but that comment was stricken from the court record by the judge who had asked that witnesses omit inflammatory remarks.

    Freeman said Kapoor’s only response was “OK” before he hung up the phone.

    Later, Freeman said, he spoke to Eroshevich who said she was going to the Bahamas to see Smith and wanted him to pack the liquid Dilaudid in ice so she could take it with her.

    Freeman said he called Stern, Smith’s boyfriend-lawyer who frequently picked up her prescriptions, and asked him to intervene with Eroshevich.

    Attorney Brad Brunon, who represents Eroshevich, said in opening statements he would show that Eroshevich never planned to use all of the drugs at once but was taking them to Smith after the death of her son and planned to use one at a time to see which would alleviate her pain and anxiety.

    Freeman said he also conferred with pharmaceutical expert Gregory Thompson, who testified earlier that the doses requested were extremely high.

    When Thompson talked to Eroshevich on the phone, he asked if she was really a physician because “there was such a lack of knowledge of drugs … She did not know some of the basic terminology and didn’t have the knowledge she should have to be treating someone with these drugs.”

    Read more: http://www.centredaily.com/2010/08/17/2156553/judge-in-smith-case-issues-warning.html#ixzz0wvAocs99

  59. Rose says:

    #59 Sammy1 thanks if that hold up under Sadow and the other lawyers that one could hurt all 3 if they were all talking to the same pharmacist at the same time …. Wonder when cross questioning will start???

  60. Sammy1 says:

    #60 Rose – I read the article as the pharmacist spoke with the 3 separately rather than a conference call. What bothers me is the comment regarding Dr. E’s lack of drug knowledge and the effects thereof. I’m sure all the next few weeks we will be more concerned some days more than others. I must remember they are trying to prove conspiracy so some of the witness statements will be tossed during deliberation. Well, I’m off for the evening.

  61. Beth says:

    Sammy [52] “I do wish Dr. E and her Mother the best and hope she recovers from her injuries.”

    I just read this at TMZ, by the person that keeps saying Rose is inaccurate…

    REPOST:
    ______________
    “F.Y.I. Rose T.

    Late Helen E. had a two children, Khristine and Edward Howard retired J.C.F.D of Green. Khristine WAS NOT the only child. Edward has a two sons.
    They live in Erie, PA. Posted at 9:54 PM on Aug 17, 2010 by factsonly”
    ______________

    If this is true… then I wonder if Dr E made it back in time to say good-bye?
    This is the second or third time they’ve laid into Rose over there!

    If above post is accurate > Condolences to Dr E and her family~

  62. heath says:

    #62 Makes you wonder why they are trying so hard to make this site look bad…and why they have to use another site to talk about this site.

    I hope Dr Kris gets to her mother and I don’t think she is deceased if the Court gave her permission to leave.

  63. BEVERLY says:

    ~o) Good morning——-SAMMY1–MY OPINION–The Medical Board did not do what they are paid to do,that is police doctors,as to there qualifations.I wonder IF Dr Kris,kept up with the times,remember she farmed out her duties,she seemed to be stuck in the 1950,with her treatment,Because Anna and Dr Kris were friends,I am sure Howard had NO SAY in who Anna wanted.I do not see crimminal,I do see a doctor,who should have picked up a PDR and read,before ordering certain meds.Anna was a hard person to help(hard headed).NO CONSPIRACY,I am sure the jury,when in the jury room,will ask,WHERE is Anna mother and father,with all this going on.I am betting Vergie will be a witness,I wish the defense would call her,the jury would sure as hell,see what was ANNA problem,and why all the ailments.I think she is VERY IMPORTANT TO THE DEFENSE.and the first question would be,what did you do for your daughter,?You were a police officer 28 years,WHY did you not call for any police investagation,long before Anna died. :gaah!:

  64. DiamondGirl says:

    Scares me to think that they had this information to begin with. Can we say stalkers? Why does someone look into someone elses background like they do to all of these people. Man talk about obsessions….

  65. DiamondGirl says:

    Why didn’t they post a link to where they gathered their information from? I did a fast look for them in Erie and nothing matched up to what factsonly posted.

  66. JMA says:

    Rose [49] Glad to hear the Judge overruled and let Dr. E go be with her mother. I don’t understand why the Prosecution objected to her going; this is not a Murder trial, geez.

    PS,

    I never said I didn’t like her I just feel she acted irresponsibly when it came to Anna.

  67. JMA says:

    heath [63] jealousy plain and simple!

  68. JMA says:

    DiamondGirl [65&66] Stalking is their name and prying into other people’s lives and personal business is their game.

  69. Sammy1 says:

    Good morning to all.
    Beverly … Yes, the Medical Board should have reviewed and handled the over-prescribing rather than a courtroom. The deaths were both ruled accidental therefore not a criminal matter. There is no conspiracy other than trying to help their friend/patient. Yes, ordering such large quantities was too much. Yes, doctors and prescribed medications are/were available in the Bahamas. I seriously doubt the State of California would have injected themselves into this saga if it wasn’t for Team Texas.

    If it weren’t for J OQ/VA, there wouldn’t be any law suits. Just think about that … one person started this entire saga. Three years of being in the courts of Bahamas, Florida, New York, South Carolina, Texas and now California. How much money spent to only to be back at the beginning.
    Anna is buried with her son.
    Dannielynn is with her father and doing well. What a beautiful child.
    HKS was able to stop the sell of ANS breast surgery video.
    The Florida defamation case was resolved in favor of HKS.
    The book was proven to have contained dafamatory statements based upon lies and ruled as such.
    The thieves have confessed through their depositions with resolution in the near future.
    The Blogger case will end with no defamation or conspiracy.
    The Supreme Court will tell the Court of Appeals to review the case again as previously instructed.
    The California case is up for grabs at the moment.

  70. Roxanne says:

    62
    THAT IS NOT ME IF THAT IS WHAT YOU ARE ALL THINKING………………

  71. heath says:

    #70 Good round up Sammy…Thankyou for all you are doing I appreciate all the orderly lists you have produced for us.. @};-

  72. BEVERLY says:

    Sammy1,Yes,one person started this mess and that one person will have to live with herself.All the lifes she has destroyed to gain her riches.My self.I do believe Vergie reputation, due to HER OWN actions will never come back.IF Vergie only did what she said she wanted,” to be Grandma”,instead of trying to take away a fathers right to his child,there would not be as much contempt for her.I am sure Anna’s physcial state has everything to do with her mental state.

  73. Ken says:

    71, why would you think we would think it is you?

  74. Sammy1 says:

    #73 – Beverly – VA’s reputation hasn’t been harmed nearly as much as Howard. HKS will never never get his back no matter what good he may do in this world. He will always be suspected. Everyone else in this saga will have a life but Howard will never enjoy the same.

    #72 Thanks Heath, I really appreciate that. I’ve started lists in the past but along the way would lose interest. Hopefully, this time, I’ve started the list early enough in the trial that I can complete it.

    Anyone that anything to add to the list please let me know via PM or by email for those who have it.

  75. Beth says:

    Roxanne,
    I didn’t think it was anyone from here! Silly girl!

    I thought since they (whoever it is – they’ve been posting awhile at TMZ) liked coming over her
    and reading – they could either participate here and say they heard something different OR they could
    read theirself over here since they like coming and talking about what is said here…

    Sammy, that is GREAT WORK dear!

    I agree about HKS! Cosby, O’Quinn, Clark, McC, VA have all went on television and defamed Howard!
    Cosby’s lies and accusations are in print, they have ruined a man for the position he was in! Period.
    I think he lost himself and put everything Anna first, I hope one day he realizes he can have a life
    that is not based on only her memory or taking care of her estate for DL…
    When the Marshall case is exhausted with no more options… He should turn the estate over to Ron
    and find a NEW LIFE! jmho for his sanity… (& his family’s piece of mind) This has affected them also I think.

  76. BEVERLY says:

    SAMMY1—-I do think Howard reputation can come back,again my opinion—-NO way should Howard move in with Dr Kris,IT IS A BAD MOVE and Howard also hurt himself with the refusal of the DNA test.What is needed after all the court cases are over,is Howard go back to the bahamas,or something will be said to destroy him more.It would help cement the love of howard and Anna .Larry and Howard get together for a true story of Anna in a book by Larry and Howard with Anna friends in the Bahamas.A loving book as seen by the people in the bahamas.Trust me,in a few years Howard will regain the people’s trust.

  77. Roxanne says:

    I wonder

  78. Roxanne says:

    Dr. E did have a brother but I believe he is deceased from what I remember.

  79. Rose says:

    #65 Beverly “IF Dr Kris,kept up with the times,remember she farmed out her duties,she seemed to be stuck in the 1950,with her treatment,Because Anna and Dr Kris were friends,I am sure Howard had NO SAY in who Anna wanted.I do not see crimminal,I do see a doctor,who should have picked up a PDR and read,before ordering certain meds.Anna was a hard person to help(hard headed)”

    Beverly I think you are right about that, also Dr. Khris was not a pain management specialist so that also would get her over her head fast… I can’t remember the type of patients she has as a psychiatrist, but it was more mentally challenged, not like one of us who needed to talk things over, and I don’t think she had any background on what ANS wanted, like JN said if being dumb/naive whatever in that blank then she would get a life sentence but she is not, she is just a friend, that let the lines get blurred and is paying way to hefty of a price IMO… I know she didn’t even have a personal computer or email account until about 12 – 18 months ago.

  80. Roxanne says:

    77
    Beverly
    I think we should all wait and see what the man does. I think he should NOT go back to the Bahama’s and he should let go of all things Anna, including Dannielynn. I think it is the only way for him to be able to truly move on. He’s made some bad decisions in the name of love. I’ve done the same before. I think everyone who truly truly loves someone, will at some point, make a decision that they normally wouldn’t make. HKS relented to Anna and he did exactly what she wanted him to do. It’s sad but I can honestly say that I have been in that position before and you do things or let certain things go that you wouldn’t normally do or let go. You really loose your own self respect and allow that person to walk all over you and it’s because you fear that they will leave if you do or say something about. It took me years to get my self respect back.

  81. Rose says:

    #65 DG, it is creepy and then to put wrong info out and feel you are justify to do it… yea creepy as to how many from this site or the main players in all of this have been stalked. I remember when they found a female Stern descendant (age 70 about 2 years ago or older) and thought I had been planted in Texas just in case this came up… NOW that is trying to do a far reach. There was also the time that Erochevich’s were found in Texas and that had to be me too…. If Dr. Khris’ mother had died, TMZ would have been all over that story with the details of when, how, pictures of Dr. Khris at airports, they would not pass up something like that, do you think??? I could be wrong but if TMZ bought a video of VA from Splash , I truly believe they would have had an exclusive on this tragedy IF Dr. Khris’ mother had died already.

  82. Rose says:

    #70 Sammy1 you are doing an amazing job and looking at that list you have it summed up very nicely and tidy, and the score card does look like this whole thing is almost to the finish line..

  83. heath says:

    It is sad that people can do this to other people…

    Manipulate you and your feelings for their gain. You never see what they want until something happens to take the wool from your eyes.

    But Anna wasn’t the first or last person to do this and I don’t see why the people she left behind have to keep paying.

  84. Rose says:

    #71 Roxanne, I don’t think any of us would ever think that was you, you can be a hot head, but you are always the in your face one… I don’t see you ever going behind the backs of any of us here to post this kind of things… Calm down all is good…

  85. heath says:

    I think the TMZ posts are Larry……not Roxy. What ever gave you that idea Rox?

  86. Roxanne says:

    85
    Really Rose? Cuz I’m not feeling all warm and fuzzy inside here. Maybe I’m reading into things wrong………. but it sure as hell feels like there have been some pot shots taken lately and all because I said John was wrong to be posting the way he was and that you should be saying some of the things you were saying about these people on a public blog….. I don’t know maybe my gut is wrong in this but it would be the first in a long time.

  87. Roxanne says:

    should be “should not be posting”

  88. BEVERLY says:

    ROXANNE—–Howard,has had enough BAD PRESS,what do you think Vergie and her friends and family would start if Howard just plain left Anna in the Bahamas,and went on with his life.MORE BAD PRESS,and it would appear he never gave a damn,except to get at Vergie.That is a fact,not my thoughts Howard has to show,he was telling the truth about his love for Anna,everything in time,FIRST is to rebuild his reputation.Vergie did everything to destroy her own reputation,I sure hope Howard is smart enough to know,Vergie will go to her grave haunting Howard,and Larry,Howard said he has a plot there,People will tear him apart if he moved in with Dr Kris,Lord I can hear the gossip now,does he need more BAD PRESS.I believe he would regain respect if he went back to the bahamas for a few years or more.

  89. JMA says:

    Beth [76] I agree with in reference to HKS moving on with his life once all this mess is done. IMO it’s time for him to start living for himself.

  90. JMA says:

    Roxanne [81] I agree with you 100% not to mention, he’s still young enough to start a family of his own.

  91. DiamondGirl says:

    People think that Larry posted as factsonly? Oh boy am I confused. Rox, I don’t believe anyone thought it was you… factsonly has been posting for a long time now on different sites.

    As far as Dr K., IIRC, she got into a tab bit of trouble with not handling patients at a VA hospital but rather assigning it to others. She certainly was in over her head. Very hard to treat a friend as a patient but a TRUE friend will give you the truth of the matter no matter how much it hurts. Dr K was not doing Anna any favors but medicating Anna. Even most could see that Anna, after losing Daniel, was over the edge. Add all the other pressures that Anna was under, a recipe for the disaster that happened. I wonder what was so important that when Anna begged for Kris to not to leave her, she had to go. You figure it out— Daniel was gone, Howard was gone, Kris was gone, Moe was gone, Dannielynn was gone, had no contact with her mother…. what the hell do you think Anna felt like? Especially right after what would have been Daniel’s 21st birthday? Between the death, the hormone changes, the stress and the abandonment she had to have felt, what was her recourse?

    She made a fatal mistake in going against the advice of the pharmacy. Do I hate her? Nope. Don’t know her. Compassionate, she could be, I don’t know. I can only take your word for that. The ‘what if’s” won’t help now. I hope her mother can survive the broken hip. My friend’s mother just had a hip replacement and she is 86. Doing great ! Good Luck to her mom.

  92. Roxanne says:

    Beverly
    I honestly don’t think “bad press” is gonna matter in that situation. He can NOT live the rest of his life in the shadow of a ghost. He has to move on. How can you or anyone expect him to keep going that way? Anna wanted to be buried in the Bahama’s and that is where she is. Think about how lonely it would be for him there.

  93. Sammy1 says:

    OT – Sandra Bullock –

    Sandra made a fresh start on August 13 by finalizing her adoption of 8-month-old son, Louis. Sandra was surrounded by close friends and family in New Orleans for the special day.

    Read more: http://extratv.warnerbros.com/2010/08/sandra_bullock_i_support_jesse_and_his_move_to_austin.php?adid=081810_newsletter_rightnow_sandra_bullock_i_support_jesse_and_his_move_to_austin#ixzz0wzNdASGJ

    Congratulations to Sandra and her son.

  94. JMA says:

    Roxanne [94] Well said!

  95. JMA says:

    Sammy1 [95] that’s great news and what a lucky little boy.

  96. Beth says:

    JMA, [91] I sure hope for his sake he does!
    You know when the Marshall case is completely exhausted of litigation, and if nothing at all comes of it…
    Anna really does not have much of an estate to even have an executor, pics of DL is more $ than Anna had made in years..
    Everything should be sold and put in trust for the little girl, THAT would also STOP grandma from bugging LB!
    My God, I almost fell off my chair when I read that nutcase’s last amended REVISED 6th Petition!
    Millions my ass! In his dreams maybe! :wink:

    Boy! That lawfirm sure got a ‘lemon’ for a client didn’t they?
    THERE IS NO WAY to publicly make her look like a loving mother, she is entitled to anything!
    Marsey’s law–next of kin is JUST A TITLE in ‘her case’; SHE WAS ESTRANGED, she lost nothing she didn’t have!
    She is eligible for NOTHING! No legal standing to even ‘force’ visitation later on with precious either imho!
    ~~~~~~~~~~~
    Afternoon all,

    *** OUTSTANDING POST BY SWIMS! ***

    REPOST:
    *****
    “The “pharmaceutical suicide” tabloid headline was either an invention of the Pharmacist or the prosecution. Most likely the Pharmacist made it up to garner his 15 minutes of fame and the prosecution was so careless/gullible/stupid they ran with it. The Judge is correct in that the Jury does not need to hear what the Pharmacist thinks he may have said and moreover the Pharmacist has no credentials to make such a judgement in the first place. Since no actual prescriptions were submitted to this Pharmacist he had no purpose on the stand. Anyway, Jurors will know from personal experience that Pharmacies sell 90-day supplies of medications (routinely) and more to their customers who are travelling. Nobody in their right mind ever looks at a full prescription with the thought it is meant to be gulped down all at once. Jurors will likely be offended that the prosecutor even asked for his opinion about a list of drugs (as opposed to legal prescriptions submitted to be filled) and his ‘faked/recovered memory’ of his personal feelings; his only worthwhile testimony was to identify the list he received and say that he would have refused to fill it should prescriptions have been written and go home. Even that testimony would leave Jurors wondering why he was ever called to the stand beyond the prosecution’s desire to have him parrot “pharmaceutical suicide”. DDARose (I like your short form) tries and fails again to submit tabloid crap to the Jury from a witness with nothing of value to say.

    The same thing with the hyped-up ‘treating Psychiatrist’ the prosecution promised. Turns out she was inept and sloppy back in the day. Where is the Hospital Staff to testify about ANS in Cedars-Sinai? The Psychiatric RN’s, Shift Supervisors, the Mental Health Assistants and the leaders of Groups from the detox floor would no doubt paint a very different picture. Those people spend hours every day face-to-face, up close and personal with detox patients and draw up highly detailed plans for nursing care, therapy intervention, patient behavior guidelines and expectations as well as detailed notes of every move, thought, request and word of patients. Imagine their testimony about the Doctor who failed to respond to their calls for two days. Where are the Hospital Administrators to testify about Maullin’s standard of care overall? If she ignored Detox Staff calls for ANS, who else and how many times? Causing severe withdrawal in a pregnant patient was meant to have been prevented, not caused by the Doctor.

    “She was safe. She was in a hospital. Nothing bad was going to happen to her,” Maullin said of Smith = dumbest words ever spoken by a Doctor who ignored Staff calls for 2 days.

    Every Prosecution witness will repeat, or try to, the tabloid testimony the prosecution expects of them and which was fed to the prosecution and public by JB via McCabe/Clark. Jurors will sit in astonishment that their own State government is prosecuting people based on (inconsistent, changed, denied, reworded) lies, rumors and innuendos carried in the media and all linked in origin to the TX cabal.

    Posted at 12:46 PM on Aug 18, 2010 by Only swim in the Ocean”

  97. Beth says:

    Congrats Sandra and little Louis!

    JMA is right! What a lucky boy to have her for a mom!

  98. Ken says:

    new article about new case up with new papers and youtube vid.

  99. Beth says:

    LOL That long post went through!
    But [99] saying Congrats to Sandra… is STUCK IN SPAM!
    Sorry~

  100. Ken says:

    Beth, I took it out of pending. no need to be sorry

  101. BEVERLY says:

    ROXANNE—–Do you honestly believe Vergie is going to stop her BS,I DO NOT,she had not yet completly destroyed Howard or Larry.I want for Howard peace of mind and body,but what I want does not matter,he is a MAN,and will do what he wants.I am only stating how I feel about this mess.Howard has made a lot of friends in the Bahamas and I did not mean stay there for the rest of his life,but you cannot go from professing your dying love for someone,to get on with your life ,Vergie will NEVER LET THAT HAPPEN,SO MAYBE i AM WRONG,BUT TIME WILL TELL. :whoopdeedoo:

  102. Beth says:

    This is all they have for the first half of court today.
    NOTHING but gossip IMO…
    What a waste of tax payer money!!!!

    “Pharmacist tells of warning to doctor”

    Posted: Aug 18, 2010 1:14 PM PDT Updated: Aug 18, 2010 1:15 PM PDT
    By LINDA DEUTSCH AP Special Correspondent

    “LOS ANGELES (AP) –
    The latest pharmacist to testify in the Anna Nicole Smith trial says he warned a psychiatrist she would wind up as a tabloid headline if she prescribed a powerful sleeping drug to the former model.

    Steve Mazlin testified Wednesday in Los Angeles that Dr. Khristine Eroshevich asked for two drugs that she would rush to Smith in the Bahamas in September 2006.

    Mazlin said he advised against giving her Chloral Hydrateom “unless she wanted her picture on the cover of the National Enquirer.”

    Eroshevich, Dr. Sandeep Kapoor and attorney Howard K. Stern have pleaded not guilty to conspiring to provide excessive drugs to Smith.

    They are not charged with causing Smith’s overdose death in February 2007 in Florida.”

  103. Rose says:

    #104 Beth I agree his testimony served what??? Except to predict a National Enquirer headline??? Would you want a pharmacist that worried about tabloid papers like the Enquirer or one going to additional classes every year to stay up to speed on all of the new prescriptions coming out and interactions with medications??? I know which one I would want… So where are the rock solid witnesses to prove all of these “how many felony counts”? Thanks for sharing Swims with us, as always a thoughtful post that narrows the scope of what this is all about and puts it in easy to follow and understanding text.

  104. Beth says:

    I agree too Rose!
    I see NO SMOKING GUN here!
    As for felony counts…
    Well Rod B. (former governor of IL) was charged with 24 felony counts..
    He ended up being found guilty of 1; giving false statements to the FBI.

    HKS was over-charged due to the urging and who knows what other incentives from TX is my belief and opinion!

    I also thought Swims made a good point of this:
    quote:
    > “Jurors will know from personal experience that Pharmacies sell 90-day supplies of medications (routinely) and more to their customers who are travelling. Nobody in their right mind ever looks at a full prescription with the thought it is meant to be gulped down all at once. Jurors will likely be offended that the prosecutor even asked for his opinion about a list of drugs (as opposed to legal prescriptions submitted to be filled) and his ‘faked/recovered memory’ of his personal feelings; his only worthwhile testimony was to identify the list he received and say that he would have refused to fill it should prescriptions have been written and go home.”

    No Smoking GUN at all IMO!
    What a waste of MONEY for the State of CA!!
    The people of CA should sue JB and the DA for even bringing this case to Court! jmho!

    Have to run, enjoy the day everyone!

  105. Sammy1 says:

    Here’s the latest article

    http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9HM4GN80

    Hosted by Back to Google NewsPharmacist tells of warning to Anna Nicole doctor
    By LINDA DEUTSCH (AP) – 1 hour ago

    LOS ANGELES — The second pharmacist to testify in two days at the Anna Nicole Smith drug conspiracy trial said Wednesday he warned a psychiatrist that she would wind up as a tabloid headline if she prescribed a powerful sleeping drug to the celebrity model.

    Witness Steve Mazlin said he told Dr. Khristine Eroshevich, a defendant in the case, that the two drugs she was prescribing could be “a deadly combination.”

    Mazlin also recalled encountering an agitated Eroshevich at the door of his pharmacy hours before it opened on Sept. 11, 2006.

    “She proceeded to tell me Anna Nicole Smith’s son had just passed, and she was leaving for the Bahamas and needed to take some medications with her,” he recalled.

    He said Eroshevich asked for a fast-acting antidepressant and settled on a liquid version of Ativan. She then told him she wanted the sleeping agent chloral hydrate, according to the testimony.

    “I told her I wouldn’t recommend her giving chloral hydrate unless she wanted her picture on the cover of the National Enquirer,” Mazlin testified.

    He said he explained both drugs were potent respiratory depressants and, “if she had anything to drink, it’s a deadly combination.”

    He said Eroshevich was undeterred.

    “She said it wouldn’t be a problem, that Smith wasn’t exposed to alcohol, that she just had a baby, was in the hospital and would be under Dr. Eroshevich’s supervision,” Mazlin testified.

    Eroshevich, Dr. Sandeep Kapoor and attorney Howard K. Stern have pleaded not guilty to conspiring to unlawfully provide excessive drugs to Smith, prescribing to an addict and obtaining false prescriptions involving the use of fake names. They are not charged with causing her overdose death in 2007.

    Earlier, pharmacist Ira Freeman was cross-examined about his previous testimony that a list of drugs requested by Eroshevich and Kapoor on Sept. 15, 2006 would have killed Smith if administered in the dosages requested. He said he refused to fill the order.

    On questioning by defense lawyer Steve Sadow, who represents Stern, Freeman acknowledged the request was “a shopping list,” and legal prescription request forms were never filed.

    Copyright © 2010 The Associated Press. All rights reserved.

  106. Sammy1 says:

    Ken, if you would please delete one of the above duplicates.
    Thank you.

  107. Sammy1 says:

    News Report – Last of the combat troops in Iraq are leaving at this moment. Most left earlier by plane. The last 450 soldiers are leaving over land headed for Kawait.

    Let’s pray our men and women will never return again to Iraq. MSNBC have multiple commentaters traveling with the convoy. Rachel Maddow, Chris Matthews and Richard Engle.

    Safe trip home to our soldiers.

  108. Ken says:

    OT–

    MSNBC is showing live video on tv of the last 400+ combat troops leaving Iraq.

  109. Beth says:

    Agreed Sammy! Safe trip home for the combat soldiers and may the soldiers still there stay safe!

    I so wish we would have NEVER went there in the first place!

    Thanks Ken also for posting about it!

    Love Rachel! Richard is a GREAT war correspondent!

    I flipped over to FOX news, they were just bashing Obama as usual… Damn that REBUPLICAN Station! :wink:

  110. hmm says:

    Funny how non of these articles say all the drugs in her body except the one were at non lethal amounts.
    About time we got out of Iraq now comes the countdown to Afganistan

  111. JMA says:

    Sammy1 [109] that’s great news now I can breath a sigh of relief that my son will not be sent there but now have to worry he will be sent to Afghanistan. I knew it was gonna be one or the other so now with our Troops being pulled from Iraq hopefully once he finishes his basic training things will be cooling down in Afghanistan.

    hmm [112] I hope there is a countdown for Afghanistan.

  112. Sammy1 says:

    Beth and hmm – Yes, I’m certainly glad we reducing the troops in Iraq. 50k to 56k soldiers remain behind. We should not have gone to Iraq in the first place and yes I’ve gotten into arguments over that statement. The last time was with a 20yr old. Bush, Rumsfield, and Cheney really hurt our country with their lies. So many lives lost or severly injured. Wonder how they sleep at night knowing they’re responsible for lives lost unnecessarily. Liz Cheney still thinks there were WMD’s. Oh, MSNBC live coverage began at 6:30pm est and hasn’t stopped. It’s now daylight in Iraq/Kuwait. Wonder how long MSNBC will continue their broadcast. Due to the “Bloom” machine, MSNBC is the station with the ability to go live. Other stations will carry information tomorrow.
    Welcome home to our soldiers. Stay safe.

  113. Sammy1 says:

    JMA – I sincerely hope I’m wrong but fear we will maintain substantial troops for several years in Afghanistan and Pakistan. Let’s pray that we don’t enter another country in the meantime. May our soldiers stay safe.

    According to MSNBC, Blackwater is sending 7000 to Iraq to assist in combat situations under the command of Iraq.

  114. Rose says:

    #114 Sammy1 I agree we stopped and watched it for a couple of hours, I found myself crying the almost 4500 young people lost and 32,000 injured and a trillion dollars. It could have been spent better and our young people should not have gone. It is the first time in our history we INVADED a country that we were not at war with…. Ken thinks Bush wanted to finish what his dad did not in 1991. Wrong war, wrong time and bankrupted us…. just so sad… Ken’s cousin has been located 3 times now into combat, he has decided to get out but wanted them to operate on his back while he had medical care after all they destroyed his back… Because he will not re-up they have refused to do the surgery… I don’t get that, the politicians will spend a fortune on the military and then turn their backs on the ones that come home…

  115. Sammy1 says:

    Rose #116 That is horrible. To think Ken’s cousin spent 3 tours only to be denied surgery. Thee are many stories of inadequate medical service upon return from service. Can he get help from the Veterans Hospital or is there an organization that help returnees to secure assistance needed?

  116. hmm says:

    Ya know I never did understand why we did not chase Saddam back when he invaded Kuwait.IMO we should have followed thru and we maybe wouldn’t have what we have now!!!!! I suppose it was all about oil and Money and not lives saved or lost!!!! I don’t think Liz cares one whit about our troops she just wants to defend her father and pursue her political career with his help. JMO

  117. Ken says:

    hmm [118] It might have been different, it might have been worse. If Daddy Bush had kept his word, when he told the people that if they rose up against Saddam, we would support them, then it might have worked out. But, being a politician he didn’t, and they never forgot that.

    All that aside, there was one big glaring problem that we could never fix, and most likely would (and did to some extent) made worst. You have two different, but sibling, religions vying for dominance over there. They have a millennium and half of grievances against each other, not to mention the ethnic problems thrown in. Toss in foreigners, who for the most part are of a different religion..one that has in the past repeatedly invaded and occupied their lands (see the crusades, the European colonialism from the 19th and early 20th centuries…ie, Britain, France, etc) and you have a whole sh*tstew of problems that can’t be fixed in our lifetime.

  118. Ken says:

    hmm, also, yer right. This time it was about oil, money and showing dad that sonny boy could finish what he (dad) could not. He really showed him, didn’t he?
    Also, what do you expect from the daughter of the DarkLord. =))

  119. Beth says:

    LOL I forgot to add this to the above post! Need ~o)

    Either file to join in the SJ
    or
    FILE a NO-Evidence Motion for Summary Judgment…

    www.supreme.courts.state.tx.us/rules/trcp/rcp_all.pdf
    Rule 166a SUMMARY JUDGMENT
    Pg. 100 166a (i)
    “No-Evidence Motion. After adequate time for discovery, a party without presenting summary judgment evidence may move for summary judgment on the ground that there is no evidence of one or more essential elements of a claim or defense on which an adverse party would have the burden of proof at trial. The motion must state the elements as to which there is no evidence.
    The court must grant the motion unless the respondent produces summary judgment evidence raising a genuine issue of material fact.”

  120. Ken says:

    Beth [17] It was TMZ’s original May MSJ that was granted, not the August one. That (the original) was one AH did not join.

  121. Beth says:

    I would like to add further to a point in #12,

    “> YET! This nutcase is still stating outlandish lies, stretched bias statements from ‘his examiner’ that was judged by three higher Court Judges
    that anything and all that had to do w/ Ball IS GONE! Kaput!”

    CBS wrote in responding motions they would ASK FOR SANCTIONS if McC kept putting in that crap that is MEANINGLESS by LAW of the biased Ball’s findings!

    Come on remaining DEFENDANTS!
    Step up and Respond to the garbage in that sixth amended petition of issues NOT ADMISSIBLE BY LAW! jmho… :wink:

    Have a nice day everyone!
    (I will now that I got that off my chest!) :whistling:

  122. Beth says:

    No Ken, TMZ and AH were BOTH dismissed on SJ…
    one joined the other…

    When I come back later I will backtrack on TMZ and see how H. Supporter and Swims explained it.

    Thanks though…

  123. Rose says:

    #16 Beth the Court never ruled on the Motion of AH that TMZ joined about August 2… So that became moot… The Court granted TMZ original Motion for Summary Judgment filed in March…. TMZ filed for SJ in March, supplemented it and took it from oral hearing to submission only in May, and that was granted August 2 or 4, before the hearing on the 6th which gave McC the opportunity to then non-suit AH so that the Motion for SJ that both AH and TMZ joined in NEVER went before the Court for consideration. Once the original Motion was granted and AH was non-suited it is like the SJ that AH filed and TMZ joined was never filed does that make sense?

    Here is the Motion for SJ by TMZ that the Court granted.

    http://www.rosespeaks.com/downloads/ANS/Texas/3-10-10-TMZ-Levin-Motion-Summary-Judgment.pdf

  124. Rose says:

    #12 Beth here is how the count stands per Texas statute…. TS is GONE non-suited, LB is GONE non-suited, TMZ is GONE won Motion for SJ and then non-suited, Levin is GONE won Motion for SJ then non-suited, CBS is gone won Motion SJ and then severed from this case number.

    That leaves HKS fighting jurisdiction, LH and me, B Stern default stands because she never appealed that, but unless VA wins something that is basically a non-suit IMO, if the others left are dropped then the default on her is moot.

    Busy Street has not been added yet, that is on a Submission only due August 26, however on August 6, the Court did tell McC to file to add them and he would sign it. It is my understanding that once the Judge grants that probably before Sept. 1, then McC has to serve Busy Streets and once served Busy Street has 21 days to Answer and then it all starts again. Jackson Walker, like Wood did with HKS, is making McC be out the money to physically serve Busy Street. Hope that helps

  125. Sammy1 says:

    Ahhhh Ken, I love it – “daughter of the DarkLord”. Lest we forget Daddy Bush called lowering taxes on the very rich “Voodoo Economics” yet Jr Bush approved it in no time to the detriment of the country. Can you tell I’m not a Bush fan?

  126. Sammy1 says:

    Rox – you have a PM

  127. Rose says:

    #121 Sammy1 most of us here in Texas don’t claim either Bush… daddy Bush kept a residence here until just recently out of a hotel room NEVER a home… Jr. is a mess, and look what he did…. The only Texan I will claim as a native son that became president is LBJ, the Bush’s they just “borrowed” the title of being a Texan I don’t think either was born here, I know Jr. was not…

  128. Beth says:

    Just got back Rose, and I haven’t went to find the posts that explain it clearly on TMZ…
    BUT IIRC the second TMZ motion that was granted STILL had the joined AH from the first…

    How come you do not have AH gone on your list?
    He was dismissed but NOW is back in due to BusyStreet…

    I DISAGREE about B. Stern… NO ONE LEGALLY CAN BE HELD IN DEFAULT OF ORDERS THAT WERE FOUND BY THE HIGHER COURT TO BE UNLAWFUL!
    Yes I do agree with you on the MOOT issue when all others are dropped…

    She may have to just submit a short SJ citing the findings from the higher appellate courts…

    I do not want to discuss BusyStreet! It angers me to NO END! It reminds me of ridiculous statements like ‘talk in cod’e, even if true; does NOT mean guilt of conspiracy NOR should have been stated by another defendant in same case or the person WHO ADDED THEM IMO!

    Maybe Sammy can remember what was said on TMZ regarding TMZ and AH both were dismissed on the SJ, her memory is much better than mine!

    I will be taking another ‘break’ from this now….

  129. Rose says:

    #19 Beth Please note the date stamped as submitted to the Court is March 9, 2010, this is the FIRST Motion for SJ that was granted… The second Motion for SJ filed August 2, 2010 and the AH Motion for SJ dated August 2, 2010 were never ruled on by the Court… My take is that McC did a non-suit on AH in order to MOOT his Motion for SJ…

    http://www.rosespeaks.com/downloads/ANS/Texas/8-6-10-Order-Granting-TMZ-Summary-Judgment.pdf

    Just as said at the May 12, 2010 day of my deposition, I was not going to go down with McC, and I am not going to go down with AH, there are MULTIPLE emails between AH and me that talks about talking by phone for the most part and code in emails, those are now part of the public record filed by McC in August, including those emails were filed as part of the public record… It contains thousands of emails AH’s lawyer verified that there are in excess of 3,000 just between AH and me…. that does not count the ones between AH and others…

    For the Busy Street…. That is why hindsight is 20/20 and why I never set that Motion for hearing, it only came up because of the new Docket Control Order discussed and new dates set on August 6. and no way was I go to lie to the Court during a hearing… now that would not have been a smart thing to do, or would it???

  130. Rose says:

    Stern’s Sister Testifies in Anna Nicole Smith Case
    Howard K. Stern’s sister testifies in Anna Nicole Smith case
    The Associated Press
    Post a Comment
    By LINDA DEUTSCH AP Special Correspondent
    LOS ANGELES August 19, 2010 (AP)

    The sister of Anna Nicole Smith’s former boyfriend Howard K. Stern has testified in the Los Angeles drug conspiracy trial of Stern and two physicians.

    Bonnie Stern was called Thursday as a prosecution witness but wound up telling jurors of her brother’s great love for the former Playboy model and professing lack of memory of shipments of drugs to him in the Bahamas.

    http://abcnews.go.com/Entertainment/wireStory?id=11439793

  131. Beth says:

    “now that would not have been a smart thing to do, or would it???”

    NO. I think the SMART thing to do when that crazy judge said because I said so… YOU had a lawyer> You should have
    filed a WRIT INSTEAD of dealing with McC!
    YOU SHOULD NOT HAVE GIVEN HIM ALL THE STUFF YOU DID, all it has done is allowed this evil game of his to continue!

    You yourself said there was no conspiracy to defame!

    Why even talk to that ASS to begin with? Nevermind… I SEE you are continuing to speak on a public blog about AH, emails, codes…
    I was pretty much done the other day when I saw your words ‘drug-mule’ WTF? Are you looking to become a DEFENDANT again
    with these people you are so freely speaking about WHO ARE INVOLVED IN ACTIVE CASES?
    Both cases are bogus to me, but they are still IN THE COURTS!

    WHY? So McC can submit those STUPID comments in a F-ing seventh amended petition!!!!!!!

  132. Rose says:

    Stern’s Sister Testifies In Anna Nicole Smith Case
    LINDA DEUTSCH, AP Special Correspondent
    LOS ANGELES (AP) ? The sister of Anna Nicole Smith’s lawyer-boyfriend testified at his drug conspiracy case trial Thursday, professing a lack of memory of shipments of prescription medications to him in the Bahamas.

    Bonnie Stern, testifying under a grant of immunity from prosecution, identified e-mails between herself and Smith, who was requesting the shipments. But she said she couldn’t remember having the items sent to Smith or her brother, Howard K. Stern.

    In one e-mail, she wrote she “gave Chris everything” from a doctor in Beverly Hills to bring to Smith. She acknowledged the reference was to defendant Dr. Khristine Eroshevich, but said she didn’t remember giving the doctor anything, mostly because she was overwhelmed at the time by two businesses she was overseeing.

    When Howard K. Stern’s lawyer, Steve Sadow, took over questioning, the subject switched to the personal relationship between his client and Smith.

    “Did you believe your brother was in love with Anna Nicole Smith?” Sadow asked Bonnie Stern.

    Prosecutors objected but the judge allowed the answer.

    “She was his everything,” she said. “I only wish I would meet someone that loved me as much as he loved her.”

    However, e-mails admitted into evidence revealed tensions between Smith and Howard K. Stern. The e-mails from late 2006 were written just after Smith’s son died and Smith gave birth to her daughter, Dannilynn.

    “I hurt so much and it seems Howard don’t care,” Smith wrote. “I’m so angry all the time, so sad and mad what can I do. I don’t want baby Lynn to see me so upset. I feel that Howard hates me. All he does is raise his voice and back talk me.”

    She said she felt a need to get away from the Bahamas but couldn’t leave “because of our situation.”

    Bonnie Stern said there was a paternity suit involving Dannielynn at the time and a court case over ownership of the house where Smith was living in the Bahamas. Smith told her in e-mails to come and visit “your niece,” indicating she believed the father was Stern.

    After Smith died, a court found that photographer Larry Birkhead was the father. Birkhead was at the courthouse Thursday ahead of his expected testimony.

    http://cbs4.com/wireapnewsfl/Howard.K.Stern.2.1869277.html

  133. BEVERLY says:

    I have just read how the cesspoool thinks it is something awful Howard spoke harsh to Anna,I DO NOT,It proves to me he was not a yes man.Anna would not listen to him or anyone.Does anyone in there right mind,or who is not looking to pin something on Howard think any person could live with Anna N :whoopdeedoo: ICOLE WITHOUT a argument.

  134. Rose says:

    Larry Birkhead: Stern Said Anna Nicole “Needed Methadone to Live”

    From the start, Larry Birkhead noticed that Anna Nicole Smith’s medicine cabinet was pretty full—and not with cosmetics, face cream and hairspray.
    Testifying for the prosecution in the prescription-drug case against Howard K. Stern and two of the late model’s doctors, Birkhead said Thursday that, as far as he could tell, meds played a prominent role in Smith’s life during the time they were romantically involved.

    Birkhead, the father of Smith’s daughter Dannielynn, said that he saw methadone, Topamax, Vicadin, Ambien, Valium, Chlonopin and other drugs at Smith’s L.A.-area home once the two moved in together in 2005.

    Smith never wanted to discuss it when he expressed his concerns, Birkhead said, recalling, “She would say, ‘I am in pain. I am not a drug addict, I have a high tolerance.’”
    Birkhead told the court also told the court that he butted heads with Stern almost immediately with regard to Anna’s health.

    At one point, he said, he tried to hide a bottle of methadone from his girlfriend, and Stern told him that Smith “needed the methadone to live.”
    After that, he never hid her drugs again, saying he “didn’t want anything to happen to her after [Stern] said she needed it to live.”
    Birkhead only took the stand in the late afternoon and his testimony is expected to resume tomorrow morning.

    Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor have pleaded not guilty to conspiring to unlawfully provide drugs for Smith, prescribing to an addict and obtaining false prescriptions involving the use of fake names, felony charges that could land each one in prison for five years.
    Earlier today, Stern’s sister, Bonnie, said on the stand that she can’t remember whether emails between her and Smith, in which she requested that she send meds from the States to the Bahamas, ever resulted in her actually sending anything.

    In one email, Bonnie wrote that she “gave Chris everything,” referring Eroshevich, after obtaining the meds in Beverly Hills.

    Bonnie, who was granted immunity in return for being a prosecution witness, testified that she doesn’t remember whether she gave Eroshevich a package, saying she was preoccupied during the time in question by two businesses she was running.

    Smith also wrote in an email to Bonnie in late 2006, after Stern had claimed to be Dannielynn’s father and Birkhead had sued for paternity, that she was hurting and Stern “doesn’t seem to care.”

    “I’m so angry all the time, so sad and mad what can I do,” she wrote, per the letter in evidence. “I don’t want baby Lynn to see me so upset. I feel that Howard hates me. All he does is raise his voice and back talk me.”

    But on cross-examination, Bonnie told Stern’s attorney that Smith was her brother’s “everything.”
    “I only wish I would meet someone that loved me as much as he loved her,” she said.

    —Reporting by Claudia Rosenbaum

    http://www.eonline.com/uberblog/b196242_larry_birkhead_stern_said_anna_nicole.html

  135. heath says:

    saw this as well but note the extra from the Judge re tampered evidence

    http://www.artesianews.com/2010/08/19/sterns-sister-testifies-in-anna-nicole-smith-case/

    Stern’s sister testifies in Anna Nicole Smith case
    Larry Birkhead talks on his cell phone at the Los Angeles Courthouse prior to taking the stand as a witness in the Anna Nicole Smith trial in Los Angeles on Thursday, Aug. 19, 2010. (AP Photo/Nick Ut)

    Larry Birkhead talks on his cell phone at the Los Angeles Courthouse prior to taking the stand as a witness in the Anna Nicole Smith trial in Los Angeles on Thursday, Aug. 19, 2010. (AP Photo/Nick Ut)

    LOS ANGELES (AP) — Larry Birkhead, the father of Anna Nicole Smith’s daughter, testified Thursday he saw her taking numerous prescription drugs but that she told him she was not an addict.

    Birkhead said he was so concerned about her excessive use of medications that he once hid her Methadone only to be scolded by Howard K. Stern, who said she couldn’t live without it.

    “She would say, ‘I’m in pain. I’m not a drug addict,’” he recalled.

    When he suggested she was taking too many drugs, she replied, “I have a high tolerance because I’m in pain,” he said.

    Birkhead, a photographer and reporter, sat on the witness stand facing two people who had fought him for custody of Smith’s child: the late model’s lawyer-boyfriend, Stern, who is on trial in an alleged drug conspiracy, and Smith’s mother, Virgie Arthur, who was in the audience.

    Birkhead told jurors how he and Smith met in 2004 when he photgoraphed her and other celebrities at a Kentucky Derby party. He said he eventually moved into her Los Angeles home where a number of people were staying, including Stern, her personal assistant, and her son, Daniel.

    Her neighbor was psychiatrist Dr. Khristine Eroshevich, he said, and sometimes Stern would call her when Smith wasn’t feeling well.

    Stern, Eroshevich and Dr. Sandeep Kapoor have pleaded not guilty to conspiring to unlawfully provide excessive drugs to Smith, prescribing to an addict and obtaining false prescriptions involving the use of fake names. They are not charged with causing her overdose death in 2007.

    Under questioning by Deputy District Attorney Renee Rose, Birkhead said he noticed from the start that Smith was taking multiple medications including Methadone, Klonopin, Topamax, Ambien and Vicodin, among others.

    He said Stern resented his presence in the house and tried to interfere with the relationship. He also said he saw Stern giving Smith medicine when she didn’t feel well.

    On the occasion when he hid a bottle of Methadone, Birkhead said he got a call from Stern asking where it was. “I was told by Howard she needed it to live, the Methadone,” he said.

    Birkhead was to continue his testimony Friday.

    Outside the jury’s presence, the judge said he would allow them to see snippets of Smith’s appearance at the American Music Awards in 2005 and parts of a preceding interview in which she appeared drugged.

    Superior Court Judge Robert Perry, however, refused to admit a controversial TV video clip of a bare-chested Kapoor nuzzling and kissing Smith’s neck at a party following a gay parade.

    Perry said the tape was clearly spliced.

    “You are putting a man on trial and trying to destroy his career as a doctor,” he told the prosecutor. “You had better well have good evidence and not be trying to do this with tampered evidence.”

    Earlier, Stern’s sister took the stand and professed a lack of memory of shipments of prescription medications to him in the Bahamas.

    Bonnie Stern, testifying under a grant of immunity from prosecution, identified e-mails between herself and Smith, who requested the shipments. Bonnie Stern said she couldn’t remember having the items sent to Smith or her brother.

    Stern’s lawyer, Steve Sadow, asked about the personal relationship between Smith and Stern.

    “She was his everything,” Bonnie Stern said. “I only wish I would meet someone that loved me as much as he loved her.”

    E-mails admitted into evidence, however, revealed tensions between Smith and Stern in late 2006 just after Smith’s son died and Smith gave birth to her daughter, Dannielynn.

    “I hurt so much, and it seems Howard don’t care,” Smith wrote to Bonnie Stern. “I’m so angry all the time, so sad and mad what can I do. I don’t want baby Lynn to see me so upset. I feel that Howard hates me. All he does is raise his voice and back talk me.”

    She said she felt a need to get away from the Bahamas but couldn’t leave “because of our situation.”

    Bonnie Stern said there was a paternity suit involving Dannielynn at the time and a court case over ownership of the house where Smith was living in the Bahamas. Smith told her in e-mails to visit “your niece,” indicating she believed the father was Stern.

    After Smith died, a court found that Birkhead was the father.

  136. BEVERLY says:

    GOOD MORNING—–I do not know how anyone takes that E-Mail from Anna to Bonnie,put I see it as a man TRYING to get through to Anna,and she was not buying his help.There is no one on the earth,that could get to Anna,seems she inherited her mothers SELF-CENTERED ,I WILL CONTROL YOU.All I have4 read so far does not APPEAR crimminal,Anna was going to reach the end she did,and NO ONE COULD HELP HER.I hope Larry turnes out to br the man I think he is ,

  137.  

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