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Anna Nicole Drug Prelim: The Birkhead Dilemma

10/13/2009 1:53 AM PDT BY TMZ STAFF

0921-media-removed-britneyThe preliminary hearing for the people accused of fueling Anna Nicole Smith with drugs kicks off today... and Larry Birkhead faces an almost impossible situation.

We're told Birkhead will testify either Thursday or Friday. Prosecutors will ask Anna's baby daddy about various comments he made about Howard K. Stern allegedly fueling Anna's drug habit.

But here's the problem ... Birkhead made these comments to TMZ and other media outlets during the time he was at war with Howard over Dannielynn.

Birkhead and Stern have not only settled their custody dispute and other differences ... they actually work together in handling all matters Anna Nicole.

So Birkhead is in an awkward position ... how does he back off his statements? Even more awkward, perhaps ... the prosecution is calling a witness who probably will not own the statements they're calling him to the stand to make.

Remembering Anna Nicole SmithThe three defendants -- Howard K. Stern and two of Anna's doctors, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich -- have all pled not guilty to a grand total of 23 felonies.

Stay tuned ...

28 COMMENTS

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16.

Cool    

They are probably his attorney Opri's comments that she told Larry Birkhead to say so he could get his daughter back. Those same statements that Anna Nicole had to deal with immediately after losing her son. This is the same attorney that handed over Larry's confidential files to the MEDIA for airtime!!!

Opri will lose at trial for multiple violations of attorney ethics.

1745 days ago
17.

Cool    

12. Why does tmz always use such horrible pictures of people? ugh.

Posted at 5:27AM on Oct 13th 2009 by Simone

I don't know but it drives me nuts. This woman had thousands of gorgeous pics that could've been used.

1745 days ago
18.

Cool    

14. I couldn't understand why Birkhead agreed to Stern overseeing the child's estate in the first place. Figured Stern must have something on him becaus14. I couldn't understand why Birkhead agreed to Stern overseeing the child's estate in the first place. Figured Stern must have something on him because it just doesn't make sense and how awkard to explain to the child (when grown) that one of the men responsible for her mother's death is in charge of her money. If in fact Stern had something on him it will now give him the opportunity to make the change and end Stern's gravy train once and for all.

Posted at 8:28AM on Oct 13th 2009 by KMA

Anna Nicole appointed Howard K Stern as executor in her will. Larry couldnt get rid of him or make a deal. The deal was made by Anna in 2001.

1745 days ago
19.

Real People    

Howard Stern was a Leech... Anna was a Gold Digger. Howard actually earned his money though by doing everything for Anna.. He did her business affairs and her personal affairs... I think he was really In Love with her.. Anna was an Addict..The Most Stern is guilty of is being an Enabler. Its the Drs. that wrote Rxs. The Women Dr was the worst. She was naked in Bathtub with Anna. Howard Shot the Photos?: They were all Nuts. The bottom line is.. She was an Addict. The son was an Addict. They killed themselves...

1745 days ago
20.

London not England    

I wonder if it will come out under oath that Birkhead liked to give HEAD?!?!?!?!

He was a "smoocher of the Root" like Anna was a licker of the Kitty...(when she wasn't injesting some 90 year old Billionaire)

And I know for a fact that he and Stern "cross swords" from time to time....just for kicks...that was a "freaky" household....

fun parties though....

1745 days ago
21.

JJ    

But he did also make the aqusations under oath in florida if you all remember? So he lie now they going get him for pergery in florida?

1745 days ago
22.

Magetti    

How will Larry explain to his daughter when she gets older as to why he let the man who went to jail for killing her mother continue to be a part of her life and their financial affairs?

1745 days ago
23.

Wasted Spice    

HKS knew better but...

1745 days ago
24.

Magetti    

Birkhead said in Judge Seidlin's court room that Howard "Mr. Dufflebags" furnished illegal drugs to Anna all the time. If he lies this week in court than he could held in contempt. It would be one thing if he told differing stories to the media, but it is a another thing if tells conflicting stories under oath, which he was in Seidlin's courtroom and he will be this week in Howard's hearing. It will be interesting.

1745 days ago
25.

agentzero    

This works out doubly well for the Courts because not only might it lead to the conviction of some pretty shady folks (Howard and the Doctors) but it could very well stymie any future attempt by Birkhead to make a play for the Marshall estate since Howard would either be sent to jail or would understandably hold a grudge and prejudice against Larry. We could see justice in the case of Anna's death as well as a decisive blow to the flimsy and unsound case against J.Howard Marshall's estate that she drug through the courts for so many years.

1745 days ago
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