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Celebrity Justice10/16/2009 1:50 PM PDT BY TMZ STAFF
Larry Birkhead Testifies About Anna Nicole

Larry BirkheadLarry Birkhead is on the stand in the preliminary hearing involving Anna Nicole Smith and the defendants who allegedly fueled her drug habit.

Birkhead just testified between August 2004 and May 2006, he saw Anna take the following drugs regularly: Topamax, Lasix, Klonopin, Valium, Xanax, Potassium and Methadone.

He has not talked about whether Howard K. Stern or the two other defendants -- Sandeep Kapoor and Kristine Eroshevich -- helped facilitate Anna's drug use, but he did identify Dr. Kapoor as Smith's regular physician at the time.

UPDATE 3:20 PM ET
-- Birkhead testified he saw Anna's prescription bottles with several different names on them: Anna Nicole Smith, Michelle Chase, Vicki Marshall and Jane Brown. Larry also said the whole time he knew Anna he was concerned that she would take her meds inappropriately.

UPDATE 5:50 PM ET -- Birkhead testified he never saw anyone force Anna to take medication. He said he saw Anna with a duffel bag full of meds. Birkhead said he saw Stern give the bag to Anna Nicole, but didn't see him administer any drugs.

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Reader Comments

(Page 21 of 53) Previous 15 Comments | 18 | 19 | 20 | 21 | 22 | 23 | 24 | Most Recent | Next 15 Comments
301.

Howard Supporter:  843 days ago

from AP

http://hosted.ap.org/dynamic/stories/U/US_ANNA_NICOLE_SMITH?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2009-10-19-05-31-25

"During cross-examination by Kapoor's attorney, Ellyn Garofalo, Freeman said he never had reason to question previous prescriptions by Kapoor.

Outside court, Garofalo said Kapoor did not know Eroshevich and simply forwarded the requests for medication because she was treating Smith in the Bahamas.

Kapoor kept prescribing drugs to Smith after that but in smaller doses, Freeman testified.

Two more pharmacists testified Thursday about Eroshevich's prescriptions for Smith. And Department of Justice investigator Danny Santiago related his interview with Thompson after Smith's death.

He said Thompson, former director of the poison control and drug information center at the University of Southern California, called the dosages requested by Eroshevich "outrageously high."

"He said they would work on an addict under supervised care, a dying cancer patient or if you were gong to kill someone," Santiago testified.

Thompson told him one of the drugs, Dilaudid, was known as "hospital heroin," Santiago said.

Santiago also said he interviewed Bahamian doctors who were present at the 2006 birth of Smith's daughter, Dannielynn, and visited Smith afterward. One of them, Dr. Pablo DeSouza, said he warned Eroshevich about giving Smith drugs, Santiago said.

On cross-examination, Santiago said Thompson told him Eroshevich was trying to do the right thing for Smith but was not familiar with the drugs she was prescribing."

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302.

Howard Supporter:  843 days ago

AP update

"Earlier in the day, the defense asked to remove a member of the prosecution team, Sarah Slice, who had been accused of trying to influence the testimony of witness Larry Birkhead.

Without comment, the judge declined to order her removal.

District attorney's spokeswoman Sandi Gibbons said Slice was no longer functioning as a deputy district attorney on the case and was returned to her previous role as a law clerk for this case only.

Slice had been in charge of organizing files for the hearing and "to lose her now would be detrimental," Gibbons said.

After the hearing, Slice will return to duty as a deputy district attorney elsewhere in the county, said Gibbons, who declined to comment on any contacts between Slice and Birkhead because it was a personnel matter."

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303.

Howard learned to lie from his mom:  843 days ago


SheStone

Updated AP with added info

Pharmacist says he warned against drugs for Smith

By LINDA DEUTSCH (AP) – 2 hours ago

(excerpts)

Freeman said he had been dealing with Smith for years through his pharmacy, usually issuing prescriptions to her under the name of Michelle Chase, a pseudonym used to protect her privacy.

She always sent other people, including Stern, to pick up the prescriptions, Freeman said.

- - - - - - - - - -

Prosecutors displayed an enlarged, hand-written letter sent by Eroshevich to Kapoor introducing herself and asking him for the six medications: Dilaudid, Lorazapam (also known as Ativan), Soma, Dalmane, Prexige and methodone.

Freeman said Eroshevich was seeking to prescribe Dalmane, a sleeping medication, at eight times the normal usage. She also wanted Soma, a muscle relaxant, in high dosage, he said.

During cross-examination by Kapoor's attorney, Ellyn Garofalo, Freeman said he had never had reason to question previous prescriptions by Kapoor.
___________________

http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9BGC8A03

For the rest of the article click on the link.

Another update with more info.

By LINDA DEUTSCH (AP) – 33 minutes ago

Two more pharmacists testified Thursday about Eroshevich's prescriptions for Smith. And Department of Justice investigator Danny Santiago related his interview with Thompson after Smith's death.

He said Thompson, former director of the poison control and drug information center at the University of Southern California, called the dosages requested by Eroshevich "outrageously high."

"He said they would work on an addict under supervised care, a dying cancer patient or if you were gong to kill someone," Santiago testified.

Thompson told him one of the drugs, Dilaudid, was known as "hospital heroin," Santiago said.

Santiago also said he interviewed Bahamian doctors who were present at the 2006 birth of Smith's daughter, Dannielynn, and visited Smith afterward. One of them, Dr. Pablo DeSouza, said he warned Eroshevich about giving Smith drugs, Santiago said.

On cross-examination, Santiago said Thompson told him Eroshevich was trying to do the right thing for Smith but was not familiar with the drugs she was prescribing.
______________________

http://www.google.com/hostednews/ap/article/ALeqM5i17A4FXTLhJX10-sCbhhnhdqY9HwD9BGF21O0

For the full article click on the link.


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304.

Howard learned to lie from his mom:  843 days ago



179. Posted at 3:38PM on Oct 22nd 2009 by Howard will go to trial



chalkoutline do u ever shut up

Posted at 5:57PM on Oct 22nd 2009 by Take A Break

You are very rude to tell anyone to "shut up"! Why don't you GROW UP! Anyone can post here. Now be nice!

I am not chalkoutline, but thanks for the compliment.

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305.

Only swim in the Ocean:  843 days ago

HKS Prelim Day 7 – 7th day witnesses verify no ‘conspiracy’ to do harm

“Dr. Khristine Eroshevich, a psychiatrist who had flown to the Bahamas to treat the model, signed the list and Smith’s Studio City internist, Dr. Sandeep Kapoor, forwarded it to the pharmacy, he said.

“This is crazy. This is pharmaceutical suicide,” he recalled telling Kapoor in a phone conversation. He said he was so concerned that he tracked down Smith’s boyfriend, Howard K. Stern, in the Bahamas and arranged through him for Eroshevich to consult by phone with a respected toxicologist.”

Reports Harriet Ryan:

http://latimesblogs.latimes.com/lanow/2009/10/pharmacist-says-he-refused-to-fill-drug-order-for-anna-nicole-smith-.html

• HKS asked to have Dr. E consult with toxicologist – HKS gets it done.

HKS, always acting in the best interests of ANS and as advised by professionals.

From CNN:

“Under questioning by the defense, Freeman said that over the previous five years he had filled prescriptions for Smith, he never saw any "red flags" that she was getting dangerous amounts of drugs.”

From AP:

“On cross-examination, Santiago said Thompson told him Eroshevich was trying to do the right thing for Smith but was not familiar with the drugs she was prescribing."

AP Update regarding ‘Slice-gate’:

“District attorney's spokeswoman Sandi Gibbons said Slice was no longer functioning as a deputy district attorney on the case and was returned to her previous role as a law clerk for this case only.

Slice had been in charge of organizing files for the hearing and "to lose her now would be detrimental," Gibbons said.”

• The Prosecution knows Slice did LB very wrong – what other unacceptable behavior?

Makes one reasonably wonder how so many witnesses are colorful and inflammatory until the crack defense teams do their cross-examinations and get the real facts out of them. And then always the best example is our favorite dude:

“"He said they would work on an addict under supervised care, a dying cancer patient or if you were gong to kill someone," Santiago testified.

Thompson told him one of the drugs, Dilaudid, was known as "hospital heroin," Santiago said.”

‘Hospital heroin’, that’s good for a rash of tabloid headlines; although irrelevant to the case and charges at hand. All witnesses testified that ANS received care from people with the best intentions – no testimony regarding ‘kill someone’ from the eye witnesses. Danny can’t help himself.

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306.

Only swim in the Ocean:  843 days ago

Seven days of testimony so far and nothing that implicates HKS in a crime; the contrary in fact is true. What the hell is going on here?

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307.

THANK YOU:  792 days ago


"Houston Chronicle reports that O'Quinn's estate agreed on Thursday to pay $46.5 million to a group of former breast implant clients who filed a class action alleging his firm overcharged them for expenses. In 2007, a three-member arbitration panel ordered O'Quinn's firm to pay a total of $41.5 million in damages to the class in Martha Wood, et al. v. John M. O'Quinn, PC, et al., after finding his firm breached a fiduciary duty. O'Quinn's firm had appealed the judgment confirming the arbitration award, but that appeal will end if the class members accept the $46.5 million settlement."

http://www.law.com/jsp/article.jsp?id=1202436289893&Wrongful_Death_Suit_Filed_Against_OQuinn_Estate_Over_Fatal_Car_Crash

Long time coming for these ladies, if they accept which will most likely happen then -- Merry Christmas to them!

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308.

Howard learned to lie from his mom:  843 days ago



Swim learn to read:

This is crazy. This is pharmaceutical suicide,” he recalled telling Kapoor in a phone conversation. He said he was so concerned that he tracked down Smith’s boyfriend, Howard K. Stern, in the Bahamas and arranged through him for Eroshevich to consult by phone with a respected toxicologist.
______________________________________________

Pharmacist testifies he refused to fill drug order for Anna Nicole Smith

October 22, 2009 | 1:43 pm

A Valley Village pharmacist testified today that he refused to fill a drug order for Anna Nicole Smith the year before her fatal overdose because the quantities of medication requested by her psychiatrist amounted to “pharmaceutical suicide.”

“If she got ahold of these medications, it could have fatal consequences,” pharmacist Ira Freeman told a Los Angeles County Superior Court judge hearing evidence against the psychiatrist, another doctor and Smith’s boyfriend.

Freeman recounted being stunned by the handwritten list of a half-dozen painkillers, muscle relaxants and sedatives faxed to his store Sept. 15, 2006 – just four days after Smith’s son had died.

Dr. Khristine Eroshevich, a psychiatrist who had flown to the Bahamas to treat the model, signed the list and Smith’s Studio City internist, Dr. Sandeep Kapoor, forwarded it to the pharmacy, he said.

“This is crazy. This is pharmaceutical suicide,” he recalled telling Kapoor in a phone conversation. He said he was so concerned that he tracked down Smith’s boyfriend, Howard K. Stern, in the Bahamas and arranged through him for Eroshevich to consult by phone with a respected toxicologist.

The toxicologist, Greg Thompson, later told him that he had urged Eroshevich to “forget about the paparazzi and get [Smith] to a hospital,” Freeman recalled.

He said Eroshevich seemed unfamiliar with the medications she was ordering, prescribing eight times the recommended dosage of the hypnotic sedative Dalmane.

“She is way out of her league on this,” he recalled Thompson telling him.

Freeman is among several pharmacists who have testified at an ongoing preliminary hearing for Eroshevich, Kapoor and Stern on charges of illegally providing prescription drugs to Smith. All three have pleaded not guilty.

Eroshevich has said through her lawyer that the drugs she prescribed were part of a well-meaning attempt to care for a difficult patient grappling with grief, postpartum depression and an oppressive media spotlight.



Freeman said that doctors had used a pseudonym – Michelle Chase – to call in orders for methadone for Smith for five years because of her celebrity status. “People go through her garbage,” he quoted one doctor as telling him.

-- Harriet Ryan
__________________

swim also take note that it isn't over, more to come at the pre-lim.

Howard knew Anna should be in rehab, Howard knew the drugs could kill her. Howard knew and now he owns everything Anna. It was all part of the plan.

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309.

Only swim in the Ocean:  843 days ago

188.

Swim learn to read:

This is crazy. This is pharmaceutical suicide,” he recalled telling Kapoor in a phone conversation. He said he was so concerned that he tracked down Smith’s boyfriend, Howard K. Stern, in the Bahamas and arranged through him for Eroshevich to consult by phone with a respected toxicologist.
*****
Learn to read?

I've addressed the truth of this with my 1:16 post. To quote:

"• HKS asked to have Dr. E consult with toxicologist – HKS gets it done.

HKS, always acting in the best interests of ANS and as advised by professionals."

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310.

Only swim in the Ocean:  843 days ago

…
swim also take note that it isn't over, more to come at the pre-lim.

Howard knew Anna should be in rehab, Howard knew the drugs could kill her. Howard knew and now he owns everything Anna. It was all part of the plan.

Posted at 3:04AM on Oct 23rd 2009 by Many have already said this is going to trial
*****
Thanks for that caution. You bet it’s not over yet.

The prosecution contends that HKS drugged ANS, isolated her, defied medical advice and conspired to somehow coerce Physicians to maintain ANS is a helpless drugged state. Problem is – this is the O’Q/VA version of a truth that they couldn’t possibly know to be true and which they are docu_mented as having conspired to create shortly after Daniel died.

The prosecution has had no one but Danny boy (Santiago) who supports this bizarre and malicious view of reality. To the contrary, every witness has shown that none of the prosecution’s contentions are true – none; none.

The prosecution’s theory is a lie and they have no evidence whatsoever to back it up. We have seen this for 7 days of testimony. We have also seen the prosecution try to intimidate witnesses and force false testimony; false testimony that that prosecution was entirely willing to suborn.

If necessary, the lying sick bastards of the TX cabal will be dragged into Perry’s Court and exposed as the low-lifes they are. The prosecution may as well be reading the ‘bloggers’ lawsuit ‘factual background’ right off the paper. Not a single word ever uttered by VA or her minions has ever been true.

Going to trial is a thin excuse for insight – what is going to trial? What charges against whom survive this disgraceful presentation?

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311.

Only swim in the Ocean:  843 days ago

Just a little Reality Check

All of the negative information people have ever heard about HKS has been fabricated by VA and O’Q, two people who never knew HKS. They and their employees have been docu_mented in many Courts as having deliberately and maliciously lied for the purpose of snatching DL and her anticipated fortune. O’Q/VA even ensnared FS/G. Ben, two grifters who planned to flip properties (and were barred from ownership of anything in The Bahamas due to G. Ben’s criminal record for drug crimes) and massively profit on ANS’s celebrity. Even FS/G. Ben are disgusted to have realized how they were exploited by VA and O’Q.

After Vice emailed Clark 3-19-07 that VA was f’d – O’Q took to the airways to talk about ‘gay’ LB and ‘murderer’ HKS in earnest. Atty. Brittain for FS briefly appeared to provide false information to LE, including Det. Frank and Agent Santiago (Santiago was never assigned this case until 3-30-07).

No eye witnesses support the VA/O’Q/JB/Renee view of the facts – no one. And no one ever has; no one, not ever.

People might notice that MSM ‘talking heads’ do not subscribe to the TX cabal/JB view of HKS/K/E as this disgraceful prelim progresses.

Summary: no one has ever supported VA except the lawyers who sought to profit along with her for her lies.

No one has ever supported Cosby who tried to cash in with O’Q/VA’s lies and avarice.

As I said in March, no holds barred. Criminal trials cannot be pus$yfied like civil trials.

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312.

Only swim in the Ocean:  843 days ago

Testimony about heating drugs to inject is false

Prescription drugs in tablet form contain a tiny amount of the actual drug but a lot of filler materials. Grinding a pill into powder and ‘heating’ it, does not provide an ‘injectable’ form of the active medication.

Filler materials can be dissolved in water to precipitate the active drug that is rarely water soluble. Isolating and ‘suspending’ the active drug in a safe injectable medium (not plain water) is a time consuming process. Most homes have the substances and filters to do this process, but it takes a great deal of time.

Anyone testifying that someone crushed pills and heated it in a spoon to inject is lying. Someone crushing Valium as an example to inject would be missing in action in the bathroom for hours.

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313.

Only swim in the Ocean:  843 days ago

These charges will not Stand

1) Toss JB out of Office – a ‘campaigning’ AG is a danger to all citizens. Every word JB has ever spoken about the ANS related charges has already been and was always known to be false. Kick him to the curb before he ruins thousands of other lives.
2) Renee Rose has presented ‘witnesses’ who have been shown on cross-examination to be coerced/convinced to lie for her. America was founded to guard against such government malfeasance.

An average person, like so many in Los Angeles, would already be in prison with their lives ruined because of these people.

Dispositive is the LA City Attorney who is demanding a ‘taste’ of MJ’s profits from the Staple’s Center recording of MJ’s rehearsals under the guise of repayment of LA ‘costs’ for MJ’s memorial service at the Staples Center. The LA City Prosecutor is a character from the HBO series ‘Sopranos’.

http://latimesblogs.latimes.com/lanow/2009/10/aeg-president-says-trutanich-tried-to-bully-company-on-jackson-costs.html

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314.

Only swim in the Ocean:  843 days ago

Big Moe is a tragic figure

His ‘wife’ listened to ANS’s last breaths and did nothing. HKS had as usual made arrangements to have people around his beloved ANS. They failed him. If only they had called 911.

Big Moe racking in hundreds of thousands to speak of ‘protecting’ ANS was only an attempt to protect his ‘wife’ and himself from culpability.

Apologize for having ever showed up in the scandalous LA criminal prelim.

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315.

Howard Supporter:  842 days ago

http://hosted.ap.org/dynamic/stories/U/US_ANNA_NICOLE_SMITH?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2009-10-19-05-31-25

According to AP this morning, this case is over--What we have learned thus far constitutes the states case!

I don't see how they intend to prove all of the charges based on what they have presented in court. It boggles the mind. Must be that the case will be loaded with filler, people who saw this and people who saw that. If that is true, then the defense can tear these so-called witnesses to shreds at trial.

The photo of the letter faxed to Dr. Kapoor by Dr. E. and sent to Freeman and sold to TMZ is their evidence? The letter explicitly talks about preparing 'half the amounts'; it was never filled/prepared so how many felonies is this supposed to be for Dr. E and how many for Dr. K? How many for Howard for setting up a consultation between Dr. E and Dr.T as requested? Where is the alleged conspiracy? The fax photo was sold to TMZ before Santiago was assigned to the case. BEFORE the computers were sent to CA.

Where is the cross examination of Dr. Thompson and his conversation about Dr. Barrett, the Bahamian psychiatrist and his prescribing for ANS, not Dr. E?
Hmmmmmm.....

The prosecution assigned Sarah Slice back to law clerk status? She should be reported to the CA bar ASAP. Text messages to Larry should be sold to TMZ so we can all read her loving words about a minor child she has never see in her life who happens to live near by in Los Angeles. Will DL's playmates and schoolmates in the future tease her for the words of Sarah Slice as sanctioned by the Los Angeles County District Attorney's office? What about her teachers? Will they remember and stick their noses into the life of a minor child? Where are DL's RIGHTS OF THE CHILD????



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