Celebrity Justice
Criminal Probe Into Anna's Prescriptions

TMZ has learned the California Department of Justice (DOJ) is conducting a criminal investigation into several doctors who prescribed various medicines to Anna Nicole Smith.

Sources tell TMZ the DOJ's Bureau of Narcotics Enforcement has contacted Larry Birkhead, Big Mo (Anna's bodyguard) and others. We're told DOJ is particularly interested in two doctors -- Khristine Eroshevich and Sandeep Kapoor. TMZ broke the story that Dr. Kapoor prescribed methadone to Anna under an assumed name when she was eight months pregnant. Dr. Eroshevich ordered a virtual pharmacy of drugs for Anna, five days after her son Daniel died.

Dr. Eroshevich, who was in the Bahamas with Anna, sent the prescription wish list to Dr. Kapoor. Kapoor's attorney, Ellyn Garofalo, told TMZ "Dr. Kapoor declined the request for prescriptions. He would never prescribe that combination of drugs, in such large dosages, to any patient."

The Medical Board of California launched its own investigation of the two doctors earlier this year. That investigation is pending.

By the way, TMZ has learned Dr. Kapoor is in the process of having twins via a surrogate.



Reader Comments

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30121. 30034. 2:20 (best time estimate)
- Stern leaves the hospital Sometime after 2 am.
- A nurse places him out of the room until around 4 am.

3:00 to 4:00 am:
- Records show that Stern left the room a few hours before Daniel died. Nurse Odumade Adenike noted that sometime after 2 am. Stern went to the nursing station and asked what restaurants were open – despite having already purchased soda, sandwiches and chicken strips at a 24-hour mini-mart an hour earlier. (Bahamian News Accounts)
- NURSE ANDENUKE: “He left and returned back about 4 am, but he had nothing in his hands and went straight to the room”

4:00 am
- Stern returns to Hospital. He remains there with Anna Nicole and Daniel
- STERN ( Larry King Live 9/26/06): Stuff happened through the night where, you know, at first I was going to sleep on the floor in between the two beds. There were two hospital beds and Anna was in the bed closest to the window and Daniel was in the bed closest to the door. And, Daniel at some point said to me that, you know, he wasn't really that tired, so why didn't I just take the bed and he was going to sit up and watch TV. ..
And, remember that Anna had had a C-section two days before, so she needed help and still needs help to get to the bathroom and things like that and Daniel, you know, helped her out to the bathroom and this happened many times throughout the night.
And then, at one point Daniel said to me how come I'm so tired? And, in hindsight I wish that I had seen that as some sort of a signal and seen that something wasn't right.

Posted at 10:18AM on Sep 30th 2007 by Cagne

Posted at 7:02PM on Sep 30th 2007 by Repost

30122. 30036. 6:20 am
- Mavis Davis noted that Daniel was attending to his mother’s comfort. Subsequently, he was observed to be asleep on multiple occasions.
- Even after everyone finally went to sleep (the room was furnished with two twin beds and a large armchair), Daniel didn't stop tending to the others, checking on Smith, who was recovering from a c-section, and the baby during the night. At 6:20 a.m. a hospital worker saw Daniel help Smith to the bathroom. He complained to no one in particular that he was tired, reports Alex Goen, CEO of Trimspa, (PEOPLE. 9/13/06)
- Hospital staff reported that Daniel tended to the needs of his mother and newborn baby sister on the morning of this death (from: Nassau Guardian)
- Stern is asleep in the other bed by the door

6:40 am
- Nurse Adenike notes Daniel and Anna in same bed “sleeping, Daniel alive”
“checked again, mother and son still in the same bed, sleeping.”
- Dr. Michael Baden: (On The Record Wednesday, March 28 2007) “If Daniel was alive at 6:30 he would have to have taken some more of the drug that would have caused his death.”

7:40 am:
- Nurse reports that she checked again, all occupants were asleep
- at 7:40 a.m., all three adults were seen sleeping. (PEOPLE. 9/13/06)

Posted at 10:21AM on Sep 30th 2007 by Cagney

Posted at 7:03PM on Sep 30th 2007 by Repost

30123. 30037. 8:10 am
- Midwife Catriona McTaggart looks in. Mother & son are in Anna’s bed. Stern is in the other bed.

- Dr. M. Baden: (On The Record Wednesday, March 28 2007) If he (Daniel) had taken enough drug to cause his death, he wouldn’t have gotten up. So there’s an implication as to when he was last seen. He was seen moving around 6:30, according to the witnesses. Then some other people saw him allegedly asleep. Now, whether he’s asleep or whether he’s dead after 6:30 is going to be an issue.

- Anna Nicole Smith’s son, 20 year-old Daniel Wayne Smith, had be dead “for some time” before hospital officials were called in to perform advanced life saving procedures. (Bahamian News Accounts):
- According to a statement from officials at Doctor’s Hospital, Daniel was last seen alive on Sunday September 10 at 6:20 am. He was attending to his mother. An alarm was raised at 9:39 am when he was found to be “unresponsive.”

Posted at 10:23AM on Sep 30th 2007 by Cagney

Posted at 7:03PM on Sep 30th 2007 by Repost

30124. 30039. 9:38 am
- “Son on back in mother’s bed. Mother on knees. Said son not breathing. His complexion pale, still” Anna Nicole reported “crying and praying“. A nurse was called to the room they initiated CPR. Emergency Room Doctors arrive and attempt resuscitative efforts for 23 minutes.
- Spokeswoman from TrimSpa “was found not breathing, in bed”
- STERN:( Larry King Live 9/26/06): Well, I mean the next thing that I remember that happened from my perspective is that in the morning Anna said, "Howard, Howard, Daniel's not breathing." So I, you know, went over there really quickly. And, at this point Daniel had moved into bed with his mom, so they were actually staying in the same bed.
- Trimspa Owner Alex Goen (New York Daily News): “Daniel had been found not breathing, in bed.”
- at 9:38 a.m., when Smith awoke, prodded her son and discovered he was not breathing. According to Goen, "She screamed, 'Howard, wake up! I don't think Daniel is breathing!' " Stern rushed to Daniel's side, checked his pulse and summoned help. (PEOPLE. 9/13/06)
- Michael Scott (Ms. Smith’s Bahamian Attorney): “…Later in the morning, Anna Nicole awoke and noticed that her son appeared not to be breathing. Anna frantically awakened Howard, who immediately checked Daniel neck for a pulse and the nurses were immediately summoned.”
- (hospital president and CEO): “At 9:38 am the nurse was called, following which physicians on the floor were immediately summoned. Recognizing Daniel was unresponsive, they initiated CPR. A code blue was called and the team responded from the Emergency room
- Seeing Daniel die before her eyes dealt a serious blow to his mother, who fought with the doctors in the room to get closer to her son’s lifeless body. (from: Nassau Guardian)

Posted at 10:25AM on Sep 30th 2007 by Cagney

Posted at 7:03PM on Sep 30th 2007 by Repost

30125. 30041. 10:05 am
- Daniel is pronounced dead
- At 10:05 a.m. doctors pronounced Daniel dead. Initially Smith "was so distraught, she refused to leave Daniel's side, and it was necessary to sedate her in order to check her out of the hospital," says Scott. Hours later she suffered memory loss. "She told Howard, 'I'd like to watch a movie with Daniel,' " says Alex Goen. "Howard had to explain it to her all over again." (PEOPLE. 9/13/06)

10:29 am:
- Local police are notified. Police investigators found Daniel laying on the bead, already dead.
- Assistant Commissioner With Responsibility For Crime, Reginald Ferguson, said police received a call from the hospital informing them of Daniel’s death on Sunday morning at around 10:29 am. “Upon arrival at Doctors Hospital, officers discovered the lifeless body of a male Caucasian in room 201.”
- Officers were sent to the hospital where they discovered Daniel’s “lifeless body” lying on his back on a bed. Crime scene investigators concluded there was “nothing unusual noticed about the condition of the room.”

Posted at 10:29AM on Sep 30th 2007 by Cagney

Posted at 7:10PM on Sep 30th 2007 by Repost

30126. 30048. Dannielynn is taken out of Doctor’s Hospital. Howard sneaks out side entrance
- The Guardian news team was able to get a good view of her [Anna Nicole Smith‘s] new born daughter as she was being carried out of the hospital on Sunday.
Her lawyer, Howard K. Stern used that opportunity to rush out the side exit of Doctor’s Hospital, thereby avoiding the press. (from: Nassau Guardian)

1:45 pm
- Daniel’s body was transferred to the morgue. Daniel’s lifeless body was then taken away in a hearse through a side exit. (Nassau Guardian)

2:00 and Later
- Ford Shelley told police, Stern returned to the house and checked Daniel’s clothing. Shelley said two white tablets fell out of Daniel’s jeans pocket and that Stern then “went immediately to the bathroom’ and “seconds after, I heard the toilet flush.” Stern, he says, told him “that he had taken care of a problem.”
The report also recounts Shelley saying that he saw Stern remove a brown pouch from under the mattress in the master bedroom, after which Stern explained, “He had to keep the pouch out of Anna’s reach.” According to Shelley, Stern added, “Methadone is also kept in the fridge in Anna’s room.”
- Wecht adds that no drugs were found "on his [Daniel’s] person, in his clothing or luggage." (PEOPLE. 9/13/06)
- Dr. Michael Baden: …“if indeed, Howard Stern attempted to get rid of evidence, which, incidentally when the Seminole Indian Tribe says that there was no illicit drugs in Anna Nicole’s hotel room, that was after people had an hour to clean things up.”

- Howard K. Stern makes a series of Phone Calls that same day.
1). FUNERAL HOME IN THE BAHAMAS: The afternoon of the 10th Howard K. Stern calls Loretta Butler-Turner of Butler Funeral Home in the Bahamas to make arrangements.
2). JOHN JAMES, EXECUTIVE PRODUCER “ILLEGAL ALIENS”: I was down visiting Anna with my family here just 10 days ago in Nassau, before the kids went back to school. And we -- I had been on an emotional rollercoaster ride and been whip sawed around from finding out that she had the baby on Friday to an emotional Howard K. Stern calling us on Sunday and my wife crying in the kitchen.
So I can just only imagine -- and by the way, we forgot to mention this, that Howard called to tell us that on Sunday and also that Anna wanted the movie to be in Daniel's memory, to be that dedicated to Daniel. And we heard that on Sunday. So I just can't imagine what she's going through because my wife is very, very devastated as well.(Larry King Live 9/12/06)
- Entertainment Tonight - Daniel's Mysterious Death (March 22, 2007)
"She wanted to dedicate this film in Daniel's memory," James tells ET.
3) ALEX GOEN On Sunday, September 10, at approximately 7 p.m., TRIMSPA’s website went black. Earlier that morning, Alex Goen, CEO and founder of TRIMSPA received a heart wrenching phone call from Howard K. Stern, attorney and long-time friend of Anna Nicole Smith. Daniel Wayne Smith, 20, had been found not breathing, in bed. An emotionally shaken Stern told Goen that neither drugs nor alcohol were suspected, but the cause of death was unknown.

Posted at 10:45AM on Sep 30th 2007 by Cagney

Posted at 7:10PM on Sep 30th 2007 by Repost

30127. 30051. 10:30 am to around 1:00 pm
- When The Guardian news team arrived at the hospital, security guards were at every door but visitors and patients were only allowed through the main entrance, where they were screened, questioned before entering.
All the door leading into the private hospital that would otherwise be open were locked as security guards kept a close watch to see who was leaving and entering….”As I got off the elevator on the third floor, there were security guards everywhere asking me again and again where I was going and they made sure I went in that direction,” said a visitor.
While members of the press were rushed into the conference room, hospital staff hustled the baby out into a waiting van, while Anna Nicole Smith’s lawyer, Howard K. Stern, rushed to the hospital parking lot at the same time.
The new mother was never seen, as she was reportedly whisked out of a back door exit. Photos of the baby wrapped in a pink and white blanket could not be taken, as all cameramen were diverted into the hospital conference room. (Nassau Guardian)

- Dannielynn is taken out of Doctor’s Hospital. Howard sneaks out side entrance
- The Guardian news team was able to get a good view of her [Anna Nicole Smith‘s] new born daughter as she was being carried out of the hospital on Sunday.
Her lawyer, Howard K. Stern used that opportunity to rush out the side exit of Doctor’s Hospital, thereby avoiding the press. (from: Nassau Guardian

Posted at 10:47AM on Sep 30th 2007 by Cagney

Posted at 7:10PM on Sep 30th 2007 by Repost

30128. 30059. 1:45 pm
- Daniel’s body was transferred to the morgue. Daniel’s lifeless body was then taken away in a hearse through a side exit. (Nassau Guardian)

2:00 and Later
- Ford Shelley told police, Stern returned to the house and checked Daniel’s clothing. Shelley said two white tablets fell out of Daniel’s jeans pocket and that Stern then “went immediately to the bathroom’ and “seconds after, I heard the toilet flush.” Stern, he says, told him “that he had taken care of a problem.”
The report also recounts Shelley saying that he saw Stern remove a brown pouch from under the mattress in the master bedroom, after which Stern explained, “He had to keep the pouch out of Anna’s reach.” According to Shelley, Stern added, “Methadone is also kept in the fridge in Anna’s room.”
- Wecht adds that no drugs were found "on his [Daniel’s] person, in his clothing or luggage." (PEOPLE. 9/13/06)
- Dr. Michael Baden: …“if indeed, Howard Stern attempted to get rid of evidence, which, incidentally when the Seminole Indian Tribe says that there was no illicit drugs in Anna Nicole’s hotel room, that was after people had an hour to clean things up.”

- Howard K. Stern makes a series of Phone Calls that same day.
1). FUNERAL HOME IN THE BAHAMAS: The afternoon of the 10th Howard K. Stern calls Loretta Butler-Turner of Butler Funeral Home in the Bahamas to make arrangements.
2). JOHN JAMES, EXECUTIVE PRODUCER “ILLEGAL ALIENS”: I was down visiting Anna with my family here just 10 days ago in Nassau, before the kids went back to school. And we -- I had been on an emotional rollercoaster ride and been whip sawed around from finding out that she had the baby on Friday to an emotional Howard K. Stern calling us on Sunday and my wife crying in the kitchen.
So I can just only imagine -- and by the way, we forgot to mention this, that Howard called to tell us that on Sunday and also that Anna wanted the movie to be in Daniel's memory, to be that dedicated to Daniel. And we heard that on Sunday. So I just can't imagine what she's going through because my wife is very, very devastated as well.(Larry King Live 9/12/06)
- Entertainment Tonight - Daniel's Mysterious Death (March 22, 2007)
"She wanted to dedicate this film in Daniel's memory," James tells ET.
3) ALEX GOEN On Sunday, September 10, at approximately 7 p.m., TRIMSPA’s website went black. Earlier that morning, Alex Goen, CEO and founder of TRIMSPA received a heart wrenching phone call from Howard K. Stern, attorney and long-time friend of Anna Nicole Smith. Daniel Wayne Smith, 20, had been found not breathing, in bed. An emotionally shaken Stern told Goen that neither drugs nor alcohol were suspected, but the cause of death was unknown.

Posted at 10:54AM on Sep 30th 2007 by Cagney

Posted at 7:10PM on Sep 30th 2007 by Repost

30129. Thanks, Cagney! And thanks for the repost.

What an AWESOME job! I've copied it into a Word doc and I will study it carefully.

And thanks to EVERYONE!!

Posted at 7:38PM on Sep 30th 2007 by The Delusional Walk Among Us

30130. Well, is it repost time now? Shall we all start? :-)

One thing about timelines and statements by various individuals, it goes to show clearly why major Institutions and Organizations hire Professional Spokespeople to address the media. It often solves the problem of several people 'hearing' about a situation and expressing what they recall they heard in their own words later.

An Inquest hearing sorts out people who saw something in person from those who heard about it.

Posted at 8:01PM on Sep 30th 2007 by Only swim in the Ocean

30131. - Wecht adds that no drugs were found "on his [Daniel’s] person, in his clothing or luggage." (PEOPLE. 9/13/06)
- Dr. Michael Baden: …“if indeed, Howard Stern attempted to get rid of evidence, which, incidentally when the Seminole Indian Tribe says that there was no illicit drugs in Anna Nicole’s hotel room, that was after people had an hour to clean things up.”
*****
How does Dr. Baden's comment about ANS & FL fit into this timeline of Daniel and The Bahamas?

Posted at 8:11PM on Sep 30th 2007 by Only swim in the Ocean

30132.

30130. Well, is it repost time now? Shall we all start? :-)

One thing about timelines and statements by various individuals, it goes to show clearly why major Institutions and Organizations hire Professional Spokespeople to address the media. It often solves the problem of several people 'hearing' about a situation and expressing what they recall they heard in their own words later.

An Inquest hearing sorts out people who saw something in person from those who heard about it.

Posted at 8:01PM on Sep 30th 2007 by Only swim in the Ocean
++++++++++++++++++++++++++++++++++++++++++++++++++++++++++

Swims - and you would be the person .........

a) who saw something? b) who heard about something? c) who did something?
d) all of the above e) none of the above

Because I would only be.............

Posted at 8:17PM on Sep 30th 2007 by Just Guessing

30133. Only swim in the Ocean,
Please may I have another one please.
I especially like that long letter from Lin Wood, remember the one where he
threatened to sue everyone who said anything bad about "ankle".
Could you repost that please.

And also the article where Larry and Howard (through his mouthpiece) threateded to sue Rita and anyone who had her on their show.

Those are a couple of my favorites.

Posted at 8:36PM on Sep 30th 2007 by Cagney

30134. 682. Information:

Yes, thank you for sharing. I don't disagree with you in summary.

Ahava and I were posting about the paid bloggers that have been on TMZ, particularly those who work for VA/O'Quinn. I was not speaking of all bloggers by any means, irrespective of their positions pro or con.

The inflexibility of paid bloggers has always been evident to me. But, I also have talked back and forth with very many on TMZ who have made clear their disagreement with me about the overall picture yet have been able to rationally discuss individual aspects of the case as they have come about.

It's my view that healthy discussion involves give and take of information, not one-liners, insults and 'hit & run' posting of preposterous statements (aka trolling behavior).

Posted at 7:06PM on Sep 30th 2007 by Only swim in the Ocean


Posted at 8:36PM on Sep 30th 2007 by Repost

30135. Swim,
O'Quinn owes me money then!
I'll shall request payment forthwith.

Posted at 8:46PM on Sep 30th 2007 by Cagney

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