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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 46 of 53) Previous 15 Comments | 43 | 44 | 45 | 46 | 47 | 48 | 49 | Most Recent | Next 15 Comments
676.

Wasted Spice:  776 days ago

"867. Arthur v bloggers

My Prayer to the Court

Please dismiss this frivolous action immediately, and do not allow it to clutter the courts and the lives of many for the five more years that the firm has leased the offices of The O'quinn Law Firm.

The case should have been buried with O'Q in November. It was his brain child.

Respectfully submitted.

Posted at 6:16PM on Dec 28th 2009 by silkwood"


Yes . You are insane, silkworm, get help today. The 'COURT' you pray to does not hear your empty pleas . Mr. O'Quinn was a titan , may he rest in blissful slumber. He took Virgie into his wide arms like a mother duck protects her ducklings, willing to die to protect them.

How dare you speak thusly of a TRUE MAN with real grit. go blank yourself sternie.


Agitated Call:

Aaaaaink aaaaaink aaaaink - Kanc Kanc Kanc Kanc Kanc Kanc


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677.

Only swim in the Ocean:  824 days ago

576.
HS and OSITO,
"November 9, 2009 Virgie Arthur’s Response to CBS Motion for Summary Judgment before the evidential part of a lawsuit."
…
Plus 5 other downloads, mostly exhibits along with this one above.

Posted at 6:52PM on Nov 10th 2009 by new filings out of Texas
*****
This falls into the ‘why bother’ category; a lackluster and incorrect presentation of VA’s baseless case.

The primary argument is res judicata concerning the already decided ‘Mommie Dearest’ interview/case and the ‘prison’ interview done by AH on behalf of a CBS show. The AH interview only came about because of the ‘Mommie Dearest’ interview. In Houston’s Federal Court, VA could have argued CBS was responsible (which it is) for both the ‘Mommie Dearest’ and the ‘prison’ interview and both were defamatory(which they are not, both are true); VA didn’t make such an argument.

CBS has already argued correctly that both interviews are related to each other and VA couldn’t meet the burden of proof for one of them; too bad; no second bite at the apple in a different Court; not now, not ever.

VA on the other hand tries to spin a tale that RT emailed AH and blah, blah, blah – the ‘prison’ interview happened; that is, RT’s involvement is a key factor (as attested to by the non-witness to anything QV) and thus the Federal Court could never have heard a case with both interviews involved since RT as a TX resident destroys diversity. Well, news to what’s left of the O’Q Firm; RT, QV, emails, gossip, ‘they said-they said’ stuff has nothing to do whatsoever with the ‘prison’ interview. CBS produced both, both are fruits of the same tree; the matter has already been judged. Whether or not the ‘prison’ interview is defamatory doesn’t depend on any bloggers’ involvement. Just because VA cares to present the ‘prison’ interview in a different way to the State Court than the ‘Mommie Dearest’ interview was presented to a Federal Court doesn’t mean the two scenarios are actually different.

- It’s a continuation of the ‘world revolves around my tiny mind in Harris County’ syndrome.

- It’s a continuation of ‘we deliberately made this up on the internet so we should know who said what’ syndrome.

I don’t know why CBS doesn’t just hand over the materials from the Federal case; VA’s depo where she admits that not a single word of the ‘factual background’ of the “Mommie Dearest’ and ‘bloggers’ case is true (she of course made it all up being a stranger to all whom she implicated) and McCabe saying in Court that the ‘step-brother’ story was substantially if not literally true; VA’s ‘friend’/agent/provocateur’s statements, etc. Enough is enough; just shut it down.

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678.

Only swim in the Ocean:  776 days ago

SC Case Update – 12-29-2009 – PACER Docs 97 & 97-1

• G. Ben is not happy as he files a letter with Magistrate Judge Rogers this morning

G. Ben’s SC lawyer, Scott Joye (who vouched for SB when she applied for pro hac vice status) asked to be relieved as Counsel back in September (Doc 68) and more recently 12-9-09. Joye was thin on details in his Motions to be relieved. Of course, being hooked up with a lawyer like SB and her possibly criminal activities with McCabe/VA/Clark would be presumed to be his primary motive for wanting out.

Doc 97 is G. Ben’s one page letter dated 12-28-09 (the date responses were due to Joye’s Motion) and 97-1 is the image of the overnight envelope that the Court received this morning.

G. Ben makes two points and these are his exact words (interesting spelling and grammar):

“1) I’m not aware of current schedule for Trail nor have I been advised the status from Mr. Joye.

2) I do not feel that Mr. Joye has adequately formularized me with the position we are in or the current facts in this case.

Until such time that I’m fully informed and advised by Mr. Joye of the current status of which this case stands and I am able to engage a new Attorney to represent me, I ask that the court deny his request to withdrawal.”

This is a devastating letter for a client to send to a Judge regarding the request of his own Attorney to withdraw. The Judge will need to know why Scott Joye has not facilitated the transfer of G. Ben’s case from him to a new Attorney and otherwise fully and properly apprised G. Ben of the status of his case. The SC case is at a crunch point. Not only are FS, G. Ben, SB and the baby Thompsons exposed as civil conspirators (profiting from stolen materials from ‘Horizons’) but SB and the baby Thompsons particularly are exposed as having funneled false and inflammatory ‘evidence’ to a politically directed and motivated Agent of the CA DOJ.

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679.

THANK YOU:  776 days ago

870. SC Case Update – 12-29-2009 – PACER Docs 97 & 97-1

• G. Ben is not happy as he files a letter with Magistrate Judge Rogers this morning

G. Ben’s SC lawyer, Scott Joye (who vouched for SB when she applied for pro hac vice status) asked to be relieved as Counsel back in September (Doc 68) and more recently 12-9-09. Joye was thin on details in his Motions to be relieved. Of course, being hooked up with a lawyer like SB and her possibly criminal activities with McCabe/VA/Clark would be presumed to be his primary motive for wanting out.

Doc 97 is G. Ben’s one page letter dated 12-28-09 (the date responses were due to Joye’s Motion) and 97-1 is the image of the overnight envelope that the Court received this morning.

G. Ben makes two points and these are his exact words (interesting spelling and grammar):

“1) I’m not aware of current schedule for Trail nor have I been advised the status from Mr. Joye.

2) I do not feel that Mr. Joye has adequately formularized me with the position we are in or the current facts in this case.

Until such time that I’m fully informed and advised by Mr. Joye of the current status of which this case stands and I am able to engage a new Attorney to represent me, I ask that the court deny his request to withdrawal.”

This is a devastating letter for a client to send to a Judge regarding the request of his own Attorney to withdraw. The Judge will need to know why Scott Joye has not facilitated the transfer of G. Ben’s case from him to a new Attorney and otherwise fully and properly apprised G. Ben of the status of his case. The SC case is at a crunch point. Not only are FS, G. Ben, SB and the baby Thompsons exposed as civil conspirators (profiting from stolen materials from ‘Horizons’) but SB and the baby Thompsons particularly are exposed as having funneled false and inflammatory ‘evidence’ to a politically directed and motivated Agent of the CA DOJ.


Posted at 4:48PM on Dec 29th 2009 by Only swim in the Ocean


Thats interesting. Why do you believe the judge let McCabe have an extension or whatever it was that the ignorant VA supporters are rejoicing about. Granting anything does not mean any type of a win on the case IMO

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680.

Only swim in the Ocean:  776 days ago

Bogus ‘bloggers’ case update of yesterday addendum

The new Judge did grant McCabe leave to file his whining crybaby pleadings yesterday. Those pleadings were discussed at the time. McCabe claimed big bad CBS moved too fast for him. McCabe claimed he needed extra time to name expert witnesses (despite attaching his list to that pleading and having already named his expert previously anyway). More time to file a surreply (attaching a surreply with his request for extra time to file said doc). Finally, his claim of ‘new’ but late ‘evidence’ (CBS also defamed VA with its ‘gun’ interview; a claim never previously made).

This was not a judgement regarding the content of any party’s Motions. It was merely the Judge giving McCabe every opportunity to gasp his last breath about CBS’s Motion for final summary judgement. CBS is rock solid in its legal position as well as terribly perceptive in its pointing out to the Court the scandalous nature of every claim VA has ever made.

• Just as a retrospective

Since her “In Touch” magazine interview and her appearance on NG 10-12-06 wherein she claimed only HKS, ANS and Daniel were in that room (Bahamian Hospital) and Daniel did not “kill hisself”, VA has shamelessly and deliberately been spreading rumors she had no foundation for regarding Daniel’s ‘murder’ and the ‘Marshall money’ as motive. Her false allegations and elaborate fantasy about HKS and ANS’s private life (again, something she could not possibly know) later enveloped HKS with her claim he killed ANS too. NG and her guests never bought it back in 2006 and cajoled VA for more than half of the TV show to say something nice about ANS. VA finally relented and said that she loved ANS and that ANS should be careful because she might be next. O’Q cued into the media-whoring then and plotted to insinuate himself into the media (and Marshall) millions.

As we recall vividly, ANS angrily lashed out against her long-estranged mother in the ‘Mommie Dearest’ interview. VA had no ability to contest the truthfulness of ANS’s claims in that interview and dropped her Federal lawsuit (which included CBS) with prejudice. As a direct result of VA’s failure in Federal Court, we saw the phony ‘bloggers’ case filed in O’Q’s playground, Harris County. Unable to contest a TV broadcast seen around the earth, VA repeated her unfounded claims about the private life of ANS and HKS for the State Court. VA spun a bizarre story about how local bloggers were recruited long after the fact of DL’s custody hearings in The Bahamas to further damage VA’s already self-destroyed reputation in advance of further custody hearings that never happened, could never happen and will never happen.

The progress of the ‘bloggers’ case with a Judge who campaigned for the case, inexplicably survived a recusal hearing and occasioned the filing of 4 Writs of Mandamus is well known. The cost, the incarcerations and the time involved (in a case that is thoroughly phony) staggers the mind.

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681.

Only swim in the Ocean:  775 days ago

Thats interesting. Why do you believe the judge let McCabe have an extension or whatever it was that the ignorant VA supporters are rejoicing about. Granting anything does not mean any type of a win on the case IMO

Posted at 6:14PM on Dec 29th 2009 by question please
*****
I agree. Rejoicing because the Judge allowed McCabe’s pleadings into the record, I suppose some people might think the Judge had rendered an opinion rather than simply allowed already filed paperwork to be formally accepted.

The new Judge may just be handing McCabe every opportunity to refute CBS’s rock solid legal position, something McCabe has not been able to do. McCabe has simply told the Court that CBS has it all wrong; hardly adequate outside of a kindergarten playground. McCabe has no witness or docs that in anyway implicate CBS as being anything beyond a premier news agency. Unlike McCabe/VA with their fantasy list of know-nothings, CBS dealt with the principals of the ANS saga and reported accurately what the people who knew first-hand of what they spoke to had to say.

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682.

THANK YOU:  775 days ago

Now I think I understand better. The Vice poster who works for McCabe has been on the net bragging that McCabe is the better lawyer. I agree with your opinion that he will not be able to refute the laws stated by CBS. I would like to see the other judge's decisions on the Writs soon. The blogger case cannot go on much longer, there was never anything there to begin with. If it does I hope that every defendant deposes ANS's mom and makes her explain herself. That would sure stop this phony case in its tracks IMO

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683.

Smooth Criminals:  775 days ago

I think it's pretty obvious the AJ got rid of Lindsay on his own terms, i.e. reassigning her instead of forcing her to be recused. It was a purely political move to save face in light of Lindsay's outrageous and bias behavior.

IMO the current judge is allowing McCabe to shoot his wad and close the door to appeals.

Funnily McCabe's arch supporter has referred to this as "McCabe's" case then quickly corrected herself saying it was "VA's" case. The first reference was really the correct one.

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684.

THANK YOU:  775 days ago


IMO the current judge is allowing McCabe to shoot his wad and close the door to appeals.

Funnily McCabe's arch supporter has referred to this as "McCabe's" case then quickly corrected herself saying it was "VA's" case. The first reference was really the correct one.

Posted at 9:24PM on Dec 29th 2009 by As I See It
* * * *
OMG! How funny!
Fairly accurate too.

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685.

Wasted Spice:  775 days ago

"As we recall vividly"

Didn't know that was possible. Do you close your eyes when you do it ? When recalling vividly is it in color ?

oh and the bit about mocking Virgies charming accent , 'hisself" just shows more about the 'author' than it says about her.

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686.

Only swim in the Ocean:  824 days ago

Huffington Post exposes JB as a media-whore:

http://www.huffingtonpost.com/phil-trounstine/secrets-of-secret-jerry-b_b_353313.html

• Excerpt as it pertains to ANS and the obvious questions to JB:

“On April 7, Bob Jabro of the AP spoke to Brown to get his response to critical comments from attorneys for Howard K. Stern, who had just been charged in connection with the death of Anna Nicole Smith; Stern's lawyers alleged that the AG had pursued the case for craven political reasons. After getting the comment he called for, Jabro struggled to get off the phone with Brown, who kept trying to massage his quotes:

BJ: He says that...he accused you..he said...Jerry Brown has, quote, 'maliciously and viciously labeled Anna a drug addict knowing full well it's legally unsupportable.' It's a little harsher than you normally get from these guys.

JB: He's completely out of line...the accusations of the defense lawyers are just smoke and mirrors instead of responding to the carefully prepared case they now face.

BJ: There's no, I take it there was no smear campaign or anything against Anna Nicole involved in this thing?

JB: Anna Nicole's dead from multiple chemicals put into her body, that's the tragedy and for the defense lawyers to try and exploit that for their own purposes is shocking and shocking...shocking (sic).

BJ: Sir, thanks. I sure appreciate it. I wanted to touch base because the language is a little out there.

JB: Did I respond enough, do you think? Did I call him a Hollywood lawyer?...

BJ: Anything else, sir?

JB: No, I think. They're a little more inflammatory than I am so they get higher up on the damn story. So I gotta say something like "shocking."

BJ: You've been around this job too long!

JB: What should we say? Shocking and...

Gerber: To me it was "smoke and mirrors" was the quote.

BJ: Smoke and mirrors is good, right. Well, thank you sir, I appreciate it.

JB: Play with it and if you need any more rhetorical fusillade, call me, will ya? Because I don't want this to be an unbalanced story. I want equal firepower on both sides.

BJ: Thank you sir, I appreciate it.”

• An AG plotting to try citizens in the media

That is the AG of the State of CA speaking; true to form and as expected and suspected. “JB: Play with it and if you need any more rhetorical fusillade, call me, will ya? Because I don't want this to be an unbalanced story. I want equal firepower on both sides.”

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687.

Only swim in the Ocean:  824 days ago

SC case Update – 11-11-09

“PLEASE TAKE NOTICE THAT attorneys Carl E. Pierce, II, and Joseph C. Wilson, IV, of Pierce, Herns, Sloan & McLeod, LLC, hereby appear as counsel of record on behalf of Non-Parties Susan M. Brown, Esquire, and Law Offices of Susan M. Brown, PC.”

The Law Firm of Pierce, Herns, Sloan & McLeod, LLC specializes in personal injury cases primarily; defense of other matters such as legal malpractice is among its offerings.

SB and her law firm are ‘non-parties’ still because the Court has yet to rule on HKS/Wood’s Motion to add the John/Jane Does (the baby Thompson's) and name SB/Law Firm as defendants.

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688.

Wasted Spice:  824 days ago

So now what is that big fat Greek whining about ? She ain't nobody . JERRY BROWN FOR GOVENOR IS JUST DOING HIS JOB , why don't you try working for a change instead of hammering on TMZ all day all night ? hmmmm ? :(

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689.

THANK YOU:  824 days ago

Posted at 4:42PM on Nov 11th 2009 by little swimmings
BLOW IT OUT YOUR rump you topix vas twit...
Who in the hell do you think you are posting here and slamming others for posting here? What a moron! You make no sense whatsoever!!!!!

Do you honestly think someone that educated does not work? LOL they buy [purchase] all of the court docs, probably have their own business and can damn well post when they want to. Unlike you it seems. :D

I appreciate the updates swims.
I know H. Supporter has family in the service. I am thinking about them on this Veterans Day.

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690.

Only swim in the Ocean:  823 days ago

...
I appreciate the updates swims.
I know H. Supporter has family in the service. I am thinking about them on this Veterans Day.

Posted at 6:16PM on Nov 11th 2009 by dont bring topix trash posts here
*****
Thanks and my best wishes for H.S. and family also.

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