Celebrity Justice
Rita to Anna's Men: Nothin' Wrong with Gay Sex

The famous "Seinfeld" line, "Not that there's anything wrong with that" is forever part of the pop culture lexicon. And if Rita Cosby has her way, it will be a legal defense, too.

Birkhead
Cosby claimed in her questionable Anna Nicole Smith book that Larry Birkhead and Howard K. Stern had a sexual tryst -- which was allegedly videotaped. Stern has filed a defamation lawsuit against Cosby.

Now...in a response filed earlier this month, Cosby says her claims can't be defamatory because "engaging in a homosexual tryst, even if videotaped, does not reflect poorly on someone and in the 21st Century it most certainly is not a 'criminal lewd act.'" Cosby should bottle her gall and sell it for $60 mil.

And speaking of $60 mil... that's how much Stern is suing Cosby and the publishers of her book "Blonde Ambition" for.



Tags: Larry Birkhead, LarryBirkhead, Rita Cosby, RitaCosby

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61. Where does Cosby show how Clark absolutely convinced her that the sex tape existed? Saying you watched the ANS TV Show and wouldn't have been surprised to learn of a gay sex tape doesn't cut it in the real world. Where is JH to publicly confirm that any of her tales are true? Cosby leaves out the 'public view' that JH was a nut case from the first time she appeared on TV and that JH denied being a source on the day the book was published and then vanished. Cosby leaves out that Clark appeared on TV vehemently denying that he was a source for her book.

Cosby's large number of glib explanations, partial explanations, obvious selection of parts of whole docs that make a different point then the one advanced by her and the lack of explanation for the crucial players and her 'connection' to them makes her Motion for Summary Judgement untenable. A Jury is required to decide if Cosby's notions about societal norms are correct, the characters she has relied upon are actually trustworthy and if her actions speak louder than her words.


Posted at 1:10PM on Dec 17th 2008 by Only swim in the Ocean

Posted at 11:32PM on Dec 30th 2008 by repost


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She does not have to produce the tape.

Posted at 10:08PM on Dec 30th 2008 by HK$ is Going Down (in more ways than one) ;) LOL

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Rita has sources.................end of story. Stern needs to prove that it does not exist.

Posted at 10:52PM on Dec 30th 2008 by Off Shore accounts

Exactly! There is also the fact that those sources didn't know each other.
Bottom line.....the onus is on Stern to prove it is false....which he cannot do.

Posted at 10:58PM on Dec 30th 2008 by HK$ is Going Down (in more ways than one) ;) LOL


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Ummm...no she didn't make it up! Nice try. Stern scared off the two "illegal immigrant" Haitian nannies that brought it to light.

Where are the nannies hiding now? Where is Lincoln Bain hiding? Where is Liz Thompson hiding?


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Rita’s Tape
by Greta Van Susteren

After the show I listened to Rita’s taped conversation with Lincoln Bain - spokesperson for the nannies. The taped call was per Rita in September.
Lincoln says Nadine saw the video tape of Howard and Larry.Lincoln says he believes the nannies and believes Nadine. So??? Plot thickens…as this tape backs up Rita….tune in Monday to hear entire tape. It is important to hear all the evidence including this tape…

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You call Rita's book a rag yet here you are on TMZ...the biggest rag of all! LMAO!!!
We all know you are one of Stern's little worker bees here to smear and try to discredit Rita....give it up....Swims and butterfly too. LOL



Posted at 10:43PM on Dec 30th 2008 by HK$ is Going Down (in more ways than one) ;) LOL


Posted at 11:48PM on Dec 30th 2008 by Better reposts

62. repost?


Waiting for you to answer my question or do you have to wait for Swims to do it for you?


LMAO


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Where in the doc*uments do they say this: "Hachette Books' Motion and Cosby's Motion both make it clear that without the gay sex story, the book would never have been accepted for publication"???


TIA

Posted at 11:48PM on Dec 30th 2008 by Quotes from the actual court case

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Give me the pdf number and page number.

TIA

Posted at 11:59PM on Dec 30th 2008 by Quotes from the actual court case

63. 20. Even more instructive - given Howard’s focus in this action on the fact that he is depicted as having had a sexual encounter with Larry Birkhead — is Howard’s casual and consistent portrayal as a cross-dressing man on The Anna Nicole Show. In one episode, for example, he accompanies Anna on a girls’ trip, as the only man. He and the group go to Chippendales, where he watches male strippers; the group then proceeds to a gentlemen’s club, where Howard gives the group a drunken, ridiculous table dance. Anna declares that despite protests from Howard about the experience, he enjoyed it.(Season 1, Epis. 5 and 6) On another episode, Howard dresses up like Bobby Trendy, a flamboyant gay man who is a friend of Anna’s; Howard also mimics his lisped speech and wears lipgloss.(Season 1, Epis. 11). Similarly, afler losing an eating contest, he is shown rollerblading with makeup and a wig on.(Season 1, Epis. 3). Yet another episode depicts Howard assisting Anna in filming a movie by dressing in drag because “Anna wanted him to.” He and Anna are seen discussing his penis in a way that makes it quite clear that Anna had no firsthand experience. When Howard then appears in drag, Anna indicates that she thinks that he secretly liked the transformation, because he protested too much,(Season 2, Epis, 7).

21. It is hard to gibe the plaintiffs sense of outrage over Blonde Ambition’s depiction of him engaging in a same sex tryst, with his evident willingness to prance about in drag on The Anna Nicole Show. Remember, The Anna Nicole Show was put on the air as a reality show.

Posted at 12:07AM on Dec 31st 2008 by Quotes from the actual court case

64. 24. These are only a few of many events in the Show, My primary take away from watching the two seasons of The Anna Nicole Show was that Anna and Howard’s life was so over the top that it would be hard to conceive of very many sex or drug related stories involving Anna or Howard that would seem “inherently incredible.”

Posted at 12:15AM on Dec 31st 2008 by Quotes from the actual court case

65. NITE AGAIN T!!!!!!!!!!!!!!! LOVE THE STERNOIDS....HAPPY NEW YEARS TO U ALL!!!!!!!!!!!!! HAHAHA

Posted at 12:09AM on Dec 31st 2008 by I CAN NOT BELIEVE IT

66. Then, the idea of Stem and Birkhead having a sexual relationship was independently confirmed by — REDACTED
When they described the videotape that the Nannies said Anna watched and, again, Cosby had no reason to doubt Don Clark, the ex-FBI Bureau Chief or his colleague, Ms. Vicedomine. Cosby Dec.¶J 69-88.

Posted at 12:16AM on Dec 31st 2008 by Quotes from the actual court case

67. Perjury: Stern testified he only received a free flight to the Bahamas, he was reportedly paid 1 million dollars to allow the entertainment news mag. to exclusively tape him and tag along as he went back to the Bahamas.....
....
Plaintiff further testified that he had no knowledge of this bank account in his name (even though regular payments from it were made to his counsel and people in the Bahamas to cover his expenses) or the CBS payment until he received the 1099 from CBS at the end of the year. Defendants were unable to confirm this rather incredible testimony with CBS since it claimed shield law-privileges and REFUSED to disclose evidence concerning the negotiations.
IT DID HOWEVER PRODUCE THE RELEVANT DOC*UMENTS EVIDENCING THE AGREEMENT AND PAYMENTS TO STERN



BUSTED!

Posted at 12:22AM on Dec 31st 2008 by BOMBSHELL

68. "As the Second Circuit noted, when “a person’s reputation is so low ... even nominal damages are not to be awarded.” Guccione, supra, at 303. In sum, plaintiffs reputation was so tarnished by the wealth of previously published reports concerning him that this Court should find him to be libel proof as a matter of law and dismiss all the challenged statements."

Posted at 12:42AM on Dec 31st 2008 by Quotes from the actual court case

69. Howard K. Stern is disgusting. But Rita Cosby is even worse. I'm glad she destroyed her credibility along with her career.

Posted at 12:32AM on Dec 31st 2008 by Anna

70. DECLARATION OF PETER NYGARD

I, PETER NYGARD, hereby declare:

1. I am an adult over 18 years of age, residing in Nygard Cay, Bahamas, I am the founder and Chairman of fashion design and manufacturing company Nygard International, which is the largest sportswear manufacturer in Canada and one of the largest in the US, with corporate offices in New York, Toronto, and Winnipeg. For many years, I have also maintained a home on Nygard Cay in the Bahamas.

2. I am not a party to this lawsuit, I understand that in this litigation Howard K. Stern challenges a number of statements in Rita Cosby’s book Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death. I provide this affidavit to address certain of those issues based on my knowledge and experience with Anna Nicole Smith.

3. I have known Rita Cosby (“Rita”) for approximately ten years. I have always known Rita to be a tenacious journalist, and extremely responsible about researching a story and being accurate.

4. Rita was aware that I had been involved with and had a long friendship with Anna Nicole Smith (“Anna”), and called me several times in February, 2007 to get my reaction to Anna’s tragic death. Rita called me again in May, 2007, and we spoke for a while about my relationship with Anna, her drug use, her friendship with Jackie Flatten and what I knew of her relationship with Howard K. Stern. Rita did not tell me that she was writing a book, however I assumed that she was gathering information for a journalistic purpose.

5. I first met Anna at the “Night of 100 Stars” Academy Awards party I hosted in Los Angeles in 1997. Anna arrived with an escort, but she and I hit it off immediately, and exchanged phone numbers later that evening. We began dating after that, and engaged in a non- exclusive relationship that lasted on and off for two to three years. During that period Anna became one of my company’s best models. We worked closely together and she accompanied me on numerous trips. Anna also visited me at least twice in 1999 at my home in the Bahamas, and told me that she fell in love with the place. Anna never mentioned Howard K. Stern the entire time we were dating. The first time I became aware of him was when I watched the first season of The Anna Nicole Smith Show. After that, Anna occasionally, although rarely, mentioned him to me, but always in the context of him as her lawyer or assistant. Anna never indicated that they were involved romantically, and it did not appear to me that she was interested in him in that way.

6. Although we remained friends, my romantic relationship with Anna ended over her drug use. She would regularly receive prescription drugs in the mail, and was often incapacitated. I never knew what drugs she was taking. When she was sober, Anna was wonderful to be around, but she had a drug problem. Although I tried to convince her to stay away from drugs, I was unable to provide the constant care that she would have needed to stay sober.

7. After my sexual relationship with Anna ended in 2000, I kept in touch with her, speaking several times a year, but I had not heard from her in a while when she phoned me in the summer of 2006, and told me that she was considering moving to the Bahamas. She also asked whether she could stay at my home there while she was looking for a place, a request which never came to fruition. I mentioned to Anna that Shane Gibson, the Minister of Immigration, was a friend of mine, and may have suggested that she contact him. I was not otherwise involved in her move, and did not speak to her again until she arrived in the Bahamas.

8. After Anna arrived in the Bahamas, our friendship resumed over a series of phone calls, She phoned me and said “Peter, I’m your neighbor!” As I told Rita, when I would call Anna, however, I often found that my messages were not delivered. I believe that Howard was trying to cut me out of her life by not passing along my messages, acting as a gatekeeper to her. We spoke a few more times in the fall of 2006, including after her son Daniel passed away and after Jackie Hatten tried to visit her (which is discussed in more detail below). Our last call was in mid-December.

9. I told Rita that it was my understanding, based on my understanding of her relationship with Howard, that Howard Stern was not the biological father of Anna’s daughter, Dannielynn. Although I understood that under Bahamian law, Howard had a claim of parenthood because he was named on Dannielynn’s birth certificate, I also knew that if Howard ever had to go under oath, he could not say that he was the biological father, I also articulated these beliefs in interviews on CNN’s Larry King Live and The Big Story with John Gibson on Fox News in February, 2007.

10. I have never met Howard, although have spoken to him on the telephone. I believe, and told Rita, that Anna’s last calls to me seemed like she was reaching out for help. I believe that Howard was extremely irresponsible in the way he acted with Anna, by essentially appointing himself her custodian or guardian, controlling her friends’ access to her, but then failing to deliver on his promise and take care of her the way that he should have. She needed help, and he did not provide it. I believe that Howard could have done something to stop her from using drugs, but either failed to do so or actually helped feed her habit, possibly because she depended on him more when she was out of it. If he was really her friend and caring for her, he would have done everything he could to stop her from using drugs. As I told Rita when she interviewed me,“Friends don’t let Mends drive drunk, and in Howard’s case, he gave her the ear keys.”

II. I told Rita the following information about Jackie Hatten:

12. I have known Jackie Hatten for approximately ten years. We met when Jackie was a guest at a party I was hosting, and we discovered that we have a common interest in playing volleyball. Since then, when I am in Los Angeles, we have met on occasion to play volleyball on the beach. Jackie was also a guest at the 1997 Night of 100 Stars party, and I connected her with Anna, although I understood that they had met before. As long as I have known her, I have spoken with or seen Jackie several times a year, and sometimes as often as once a month. I understood from Jackie that she and Anna were close friends, although that friendship suffered several years ago after Jackie’s brother Mark was arrested and sentenced in relation to an event that occurred at Anna’s home. However, I understood that they still spoke on occasion. I have no reason to disbelieve Jackie’s description of her relationship with Anna, and have always found Jackie to be a forthright and honest person, and moreover, someone who has long been extremely concerned about Anna’s health and well being.

13. Over the years, Jackie was vocal to me about her concern for Anna’s safety, including her own distrust of Howard. In October 2006, after Anna’s son Daniel Smith suddenly died, I spoke with Jackie, who expressed concern for Anna. She said that she wanted to come to the Bahamas and try to save Anna, who she felt was in imminent danger from Howard. She said that she felt that Howard was drugging her so that he could inherit her money, that he was responsible for Daniel’s death, and that Anna would be next. She was very determined in her belief that Anna was in danger from Howard When she asked if she could stay at my home during her visit, I agreed.

14. Jackie arrived at my home in the Bahamas in October 2006, and promptly went off to try to see Anna. When Jackie returned to my home after attempting to see Anna, she told me that the guards at Anna’s home would not let her in, which she believed to be on Howard’s instructions. She told me that she also went to see the Bahamian Magistrate Judge Roger Gomez and Assistant Police Commissioner Reginald Ferguson to express her concerns that Howard may try to harm Anna. I understand that they were sympathetic to her. Jackie was upset that she had been turned away from Anna’s house, and decided to return home to Los Angeles.

15. Just after Jackie left the Bahamas, Anna called me and asked why I hadn’t called her in a while. I responded that I had, and had left a message with Howard. She replied “that’s strange” and said that he hadn’t given her the message. On that same call, it came up that Jackie had been in town. Anna said “I wanted to see her.” I told Anna that Jackie had tried to see her but been turned away. Anna asked “Is she still there? I’d love to talk to her.” From that conversation, I got the impression that it wasn’t Anna that had decided to turn Jackie away, and believe that she would have seen Jackie if she could have, as she sounded sincere in her desire to speak with her.

16. I have reviewed the portions of Blonde Ambition that are attributed to me, and they are accurate and accurately reflect what I told Rita. In addition, I made similar, if less detailed, comments in appearances on Larry King Live on February 20 and February 28, 2007 and The Big Story With John Gibson on February 23, 2007, as well as on The Monte! Williams Show on September 14, 2007, and in interviews with various newspapers in the U.S. and Canada.
I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

Posted at 12:42AM on Dec 31st 2008 by Quotes from the actual court case

71. From the "Declaration of Bruce Littlefield":

On the show, Anna trades homes with her female friend (and prescribing physician), Dr. Khris Eroshevich (who prominently features in Anna's later death), for whom she creates a sex den replete with strap-ons and a sex-swing hanging from the ceiling (Season 2, Epis. 5).



Isn't that the shrink who was prescribing all those drugs to Anna in Stern's name when she died???

Oh my!

Posted at 12:48AM on Dec 31st 2008 by Connections

72. 43. Stern negotiated a deal with Getty Images to sell the photos to People Magazine for a reported $1 Million. Cosby Decl.¶ 22, Simpson Dep. 71-72.

Check out the sources.
Simpson Depo.



Simpson as in Patrik Simpson? Oh My!

Posted at 12:55AM on Dec 31st 2008 by Connections

73. From the "Declaration of Bruce Littlefield":

I am aware that the plaintiff has claimed that we relied on various biased sources.

Yet in a story like this, involving passion and conflict at its core, virtually everyone involved was biased in one way or another ( including Howard K. Stern).

Any good journalist takes bias into consideration, yet it is but one factor in weighing a source's credibility.

Posted at 1:01AM on Dec 31st 2008 by Quotes from the actual court case

74.
"Plaintiff's "regular and continued access" to the media continues to this day as evidenced by Plaintiff's statements to the press concerning this litigation"





Hence this story even being on TMZ ! LOL

Posted at 11:22PM on Dec 30th 2008 by HK$ is Going Down (in more ways than one) ;) LOL

Let's see how many shows did Rita appear on immediately following her book release (with Hatchette steering the publicity)? HKS did 1 show with Lin Wood regarding this case?


******

\

You understand she (Rita) had mulitply sources right? So that means that the sources told Rita that it happened and Woolaa she put it in the book. She had sources! How are those Nannies and Lincoln Baines these days? Where is Liz Thompson that tried to discredit Rita? They were all a no show at the inquest, where oh where can they be, I wonder?

Posted at 11:25PM on Dec 30th 2008 by Off Shore accounts

Yea, I like the part where she went from 3K to 15K in attempted bribery, LMAO! GO LINCOLN!

Posted at 1:01AM on Dec 31st 2008 by butterfly

75. 165. Cosby relied on information concerning the negotiations that she received from Larry Birkhead, Ford Shelley and Mark Speer and had no reason to doubt the information which was all consistent. Cosby Decl.¶ 146-147




The Deal between Birkhead and Stern for baby Dannielynn?

Disgusting!

Posted at 1:06AM on Dec 31st 2008 by Busted!

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