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
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