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Birkhead to Testify -- Anna Nicole Was a Drug Addict

7/29/2010 5:30 AM PDT BY TMZ STAFF

Larry Birkhead is prepared to tell a jury that he knew his baby mama Anna Nicole Smith was addicted to drugs for years ... this according to court documents obtained by TMZ.

0728_larry_birkhead_anna_nicole_smith_ex_getty

It's all part of the State of California's case against Anna's doctors -- in which they're accused of illegally providing prescription medications to the late starlet.

According to the docs, filed in L.A. County Superior Court, the prosecution says Birkhead has "personal knowledge of Anna Nicole Smith's drug activities, gleaned from years of personal observation."

The lawyers defending the doctors are trying to exclude Birkhead's testimony, saying he's not "qualified" to testify on whether Smith meets the legal definition of an addict.

But in the docs, the prosecution explains that when Birkhead says Anna was an "addict" he is "saying that [he] personally observed her using controlled substances in an uncontrolled way over a long period of time."

The judge is expected to make a ruling on the issue shortly.

46 COMMENTS

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16.

just sayin....    

Has anyone else noticed that Anna and Larry look like twins, or they had the same surgeon.

1462 days ago
17.

factsonly    

Ah, so many questions... what is the penalty for perjury?


Mr. Birkhead you said under oath you intentionally impregnated Anna Nicole twice though you claim she was a drug addict...why did you do that? Was it morally correct and humane to impregnate a sick woman?
Did you think about the baby's safety and consequences?

Mr.Birkhead, did you ever give cocaine and ecstasy to Anna even when she was pregnant?


Mr.Birkhead, did Anna give her son ecsatsy and methadone?

Mr.Birkhead, you allegedly saw duffle bag full of drugs in hospital room, did you call Anna's doctor, nurse or Police? What did you do to help Anna's unborn child?


Mr.Birkhead, why didn't you convince Anna to go to rehab center?


Mr.Birkhead, why didn't you call the Police when you saw Rx. drugs in fake names? You said Stern picked up Rx. drugs at the local pharmacy, why didn't you report him to Police?

1462 days ago
18.

Only swim in the Ocean    

This is the prosecution that threatened LB during the preliminary hearing. In the absence of any State ‘experts’ that can believably testify to ANS being an ‘addict’ (as opposed to an abuser of drugs on her own or one simply following Doctors’ orders), the prosecution seeks to have the Judge interpret LB’s testimony before the fact. This Judge heard from a Physician who treated ANS at Cedars-Sinai and did NOT use the expression ‘addict’ during the prelim. This Judge also witnessed the aftermath of a rogue member of the prosecution team who threatened LB to “ramp up” his testimony.

Lay people cannot be allowed to express complex medical diagnoses in a Court. Try to find a real Clinician working in the field to testify and drop those who think reading the PDR gives them some expertise.

1462 days ago
19.

sandra    

Oh my GOSH. Finally someone besides Howard that was very itimately involved with Anna speaks the obvious! Anna was a drug addict, Howard was simply an enabler. No crime for that. Neither Larry or Howard could stop that. I really liked the girl, (Anna), but only she and MAYBE her Doc's are responsible for her death. NOT HOWARD. Drug addiction is a crazy, horrible thing and I personally don't make fun of anyone that has it. It is a life curse!

1462 days ago
20.

Straight Talkin Texan    

And he decided to let a drug addict carry his child? What a BONEHEAD!

1462 days ago
21.

Sizzles    

This guy need to explain why, if he knew she was a drug addict "for years", he impregnated her, not once, but twice. Talk about child endangerment, this guy needs to be held accountable, too.

He's changed his original story so drastically that he needs to be considered a hostile witness for the prosecution.

1462 days ago
22.

Just Askin    

Wasn't the timeframe that Larry Birkhead in ANS's life also the same timeframe that Howard K. Stern was absent in the majority due to the SCOTUS litigation preparation?

I wonder if LB attended physician appointments with ANS during this timeframe? It would be at least a couple of years and prior to her moving to the Bahamas according to his testimony of their relationship.

1462 days ago
23.

Solange    

I agree with #19. Anna Nicole surrounded herself with enablers and Larry Birkhead saw an opportunity with ANS to tap into the Marshall estate easy street. Now it is 15 years later this is still playing out in the courts - think of the pile of legal bills this saga has generated!

1462 days ago
24.

chalkoutline    

And he didn't see anything wrong with getting her pregnant on purpose? Didn't care if the child was harmed or what it's life would be like living with a drug addict with a parade of freaky kling-on's passing thru?

1462 days ago
25.

Just Guessing    

Lay people cannot be allowed to express complex medical diagnoses in a Court. Try to find a real Clinician working in the field to testify and drop those who think reading the PDR gives them some expertise.

Posted at 8:15 AM on Jul 29, 2010 by Only swim in the Ocean


~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~

still spinni.. ah, I mean swimming. Good to see that you are still posting. I wouldn't want you to miss the grand finale after all these years. Pull up a chair...I mean floatie.

Now who said Larry was going to discuss discuss or express a complex medical issues? Face it, Larry couldn't discuss the importance of the hind quarters of a race horse and he's been to the "Derby". Larry is not called upon to be an "expert" witness. They have some of the best and brightest doctors in the field appearing for that testimony so don't worry your fins off.

Larry's testimony much like that of other witnesses....you know, the nannies, Moe, Taz, etc, will be given the appropriate weight due it. Same goes for the defenses witnesses. Truthfully, I still believe it is the paper trail that will be the determining factor that sinks Stern and the doctor's ship for good. Witnesses such as Larry just add a human element and clarify the time frames and personal events that were happening in the last few years of Anna's life.

Speaking of "lay people", why was Stern acting as a doctor or nurse and administering drugs to Anna Nicole Smith? He didn't have the education or "expertise" in nursing or doctoring. And why was a lawyer changing the spelling of his name to obtain prescriptions? He wasn't a celebrity. Don't you think that's going to deflate his life raft?

1462 days ago
26.

melissa    

Birkhead is a b@stard...defame Anna as much as you can you loser!!! UGH!!! Was there anything about her other than her success you liked about Anna??? You famew#ore.

1461 days ago
27.

save something    

OMG all the speaking for nothing!!!
Anna when she died ad the therapeutic level of medication in her body.
As for an 'addict' wait for the real physicians.Before Daniel pass Anna was a correct not much addict than any body else in Hollywood .The problems came AFTER Daniel pass.
Shut the f**** off and wait for the trail.Some will eat there toung.Specially the procecution guys...
How much persons new HKS and Anna before Daniel pass????
How many of you care about ANS before she pass?
Larry and Anna were on the go sometimes not ALL the times.That doesn`t make them addicts.
Better look at your own belly and try to loose some pounds !!!

1461 days ago
28.

save something    

OMG all the speaking for nothing!!!
Anna when she died ad the therapeutic level of medication in her body.
As for an 'addict' wait for the real physicians.Before Daniel pass Anna was a correct not much addict than any body else in Hollywood .The problems came AFTER Daniel pass.
Shut the f**** off and wait for the trail.Some will eat there toung.Specially the procecution guys...
How much persons new HKS and Anna before Daniel pass????
How many of you care about ANS before she pass?
Larry and Anna were on the go sometimes not ALL the times.That doesn`t make them addicts.
Better look at your own belly and try to loose some pounds !!!

1461 days ago
29.

save something    

trying to prouve ANS is an addict is an old story.VA try it in Florida,Debra Opri after to gain costody and now Jerry to try to gain in California.Holy cow good luck!!!!

1461 days ago
30.

Just Guessing    

trying to prouve ANS is an addict is an old story.VA try it in Florida,Debra Opri after to gain costody and now Jerry to try to gain in California.Holy cow good luck!!!!

Posted at 7:02 PM on Jul 29, 2010 by save something

~~~~~~~~~~~~~~~~~~~~~~~~~~~

Wasn't she in a clinic before the hospital stay for drug abuse?

No one takes that many drugs over that long of a period unless they are on their death bed or a drug addict. She wasn't on her death bed as indicated by her involvement in Trim Spa Baby; her buying another house in the Bahamas and, her recent purchase of a boat. The kind of drugs along with the amounts she took all point to one thing....drug addiction.

Thanks for wishing Jerry's Team good luck, not that they need it. Their case is air tight.

1461 days ago
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