| Archive for October, 2009 |
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Due to California legislated budget cuts, a mandatory state furlough every third Wednesday of the month precluded further testimony yesterday, but here are the festivities from Tuesday and Thursday.
TUESDAY: Addiction specialist Dr. Nathalie Maulin continued her testimony Tuesday, stating ANS displayed all the classic symptomology of an addict stemming from drug withdrawals while pregnant with Danielynn. Despite ANS’ allegiance to “do anything” for her unborn daughter, she haughtily discontinued treatment within a week, firing off choice lines such as “give me my medications and leave me alone.” Her vacillating between angst and stoic silence (or, as Maullin stated, “I think she wanted to tune out”) was partly fueled by HKS’ stance that no rehabilitation efforts were necessary. Maulin stated the buzz word “addict” never came up in conversations between her, Kapoor or HKS, but did recall a conversation she had with Kapoor: she asked Kapoor if he thought ANS was “addicted” and his response was a chuckle combined with his admission that indeed she had issues with alcohol.
Next, a series of pharmacists took the stand, beginning with Steve Mazlin. Shortly after Danielynn’s birth, Mazlin was approached by Eroshevich to fill a prescription for chloral hydrate (a powerful sleep aid), as well as provide a recommendation for a fast-acting anti-anxiety medication. Mazlin dispensed a dire warning about the effects of chloral hydrate, a respiratory depressant: Unless you want your picture on the cover of the National Enquirer, I wouldn’t give her chloral hydrate. Eroshevich decided to purchase it anyway, as well as Lorazepam/Xanax for anxiety. ANS’ 2007 autopsy results showed – guess what - chloral hydrate was a key ingredient in the capsule cocktail swimming in her system.
A second pharmacist, Romeo V. Par, testified that Eroshevich visited him in October 2006, to purchase the drugs Xanax, Valium and Klonopin for a patient named “Charlene Underwood.” Surprise, surprise, both Valium and Klonopin also showed up in ANS’ autopsy report. Underwood was the name of a former colleague of Eroshevich, and – according to the prosecution – one of the names used as a pseudonym to secretly procure drugs for ANS. Judge Perry allowed the “real” Underwood very little time on the stand, expressing his desire the prosecution move the case along. Lady Justice is similarly antsy….
THURSDAY: A third pharmacist, Ira Freeman of Valley Village, testified he flatly refused to fill 6 scripts Kapoor requested on Eroshevich’s behalf on September 15, 2006. “I called Dr. Kapoor,” Freeman said. “I said, ‘This is crazy. This is pharmaceutical suicide. The dosages are way out of whack.’ I said I wouldn’t fill it, and no pharmacy in California would. The more I thought about it, the more concern I had that if she got hold of those medications, it could have fatal consequences.” Under questioning by the defense, Freeman said over the previous five years he had filled prescriptions for ANS (using the name “Michelle Case” to protect her privacy), he never saw any “red flags” that the requested drugs and dosages were unreasonable. However, this particular request so concerned Freeman that he personally arranged for Eroshevich (who was in the Bahamas with ANS at the time) to speak with noted toxicologist Greg Thompson by phone. Thompson was so disconcerted Eroshevich wanted to prescribe – as an example - 8 times the recommended dosage of the hypnotic drug Dalmane, that he warned her to “forget the paparazzi and get [ANS] to a hospital.” He later confided to Freeman that Eroshevich was “way out of her league” because of her unfamiliarity with the medications she was ordering. Freeman also stated Kapoor kept prescribing drugs to ANS after the September fiasco, but in smaller doses. Freeman said the stress of the publicity after Smith’s death affected his own health, especially after the celebrity Web site TMZ.com published a copy of the faxed list of medications requested on that fateful day.
In earlier testimony, ANS’ part-time bodyguard Maurice Brighthaupt stated “she just didn’t want to deal with life after the death of her son” and he described ANS as “manipulative” when she wanted something. This manipulation was present in her dealings with Eroshevich, and he described their relationship as being more mother-daughter than doctor-patient. Eroshevich – in her trips to the Bahamas to treat ANS - would sometimes substitute placebos for the many pills ANS regularly took for her complaints of pain and depression. “She was very concerned that we needed to wean her off the medications,” Brighthaupt said.
Yes, we’ve heard Eroshevich so often say 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. But, we can’t help but scratch our heads with the ethical dilemma presented when a big star requires such a large amount of drugs. Hopefully, the next few weeks of testimony will unravel more of the distressing details. Get your gavels ready. I know I have mine.
October 22nd, 2009
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Upon questioning, Birkhead recalled being fearful for the condition of his then unborn daughter Danielynn, because ANS was taking a variety of drugs during her pregnancy to cope with the loss of her deceased son, Daniel. Shortly after Danielynn’s birth, Birkhead filed a paternity suit and included a declaration asking the child be tested for drugs. He feared ANS was not prepared to care for the baby. Birkhead earlier said ANS took more drugs than he had ever seen anyone take. But he chose to impregnate her regardless? Very strange.
During cross-examination, Birkhead described a peculiar phone call he received from Deputy DA Sarah Slice shortly after his testimony on Friday. Birkhead felt offended that DA Slice suggest he testify his daughter might be developmentally disabled because of the drugs prescribed by Eroshevich and Kapoor to ANS during pregnancy. It’s odd he felt offended when he just testified he was fearful about the condition of his unborn child. According to Birkhead, Danielynn is “very advanced, healthy and happy.”
Birkhead also claimed DA Slice encountered him in the elevator en route to today’s testimony, and insinuated he might be taking Stern’s side – which Birkhead denied - but not before saying “Anna could not speak for herself and the doctors had exploited her.” DA Slice was unavailable for comment outside court. He does have a history of “switching sides.”
The next witness, Dr. Nathalie Maullin, a psychiatrist who treated Smith during her 2006 pregnancy at Cedars Sinai Medical Center in Los Angeles, described her as a difficult patient. Dr. Maullin saw that ANS was a person going through obvious withdrawals from multiple medications when she was admitted. “When I asked her what she had been taking, she blew me off,” said Maullin, who recalled that Smith referred all questions to Stern.
Dr. Maullin telephoned Kapoor, who gave her a long list of drugs he prescribed to ANS including the addictive pain killer, Dilaudid, which surprised her since it is a powerful drug used for cancer patients. Kapoor stated ANS also had alcohol problems. The rollercoaster ride continues tomorrow…
October 19th, 2009
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This article refers to a previous post: anna-maria-torres-making-contact-with-lady-justice%E2%80%99s-speed-bump
Speaking through a translator, Ana Maria Torres again pleaded innocence at her sentencing Friday in Santa Ana: “I didn’t do it. … I just want you to know I am not guilty.”
Superior Court Judge, David Thompson, decided the case was not aggravated enough to require a state prison sentence, but he did sentence her to 9 months in jail coupled with three years of probation. The short sentence might be home confinement too, if the probation department feels it appropriate. Torres would be allowed to drive during probation with a valid license and proof of insurance. Her license was revoked by DMV after she killed Jessie Pound with her car in 2007.
The DA, sought a 3 year prison term, calling the sentencing “generous” since he believed Torres deserved a stiffer sentence, as she on lied multiple occasions after being contacted by police and again on the witness stand. Torres also falsely accused a Placentia police officer of misconduct in order to minimize her culpability and has never showed remorse. Alas, I fear Lady Justice’s sword’s swath did not pierce with enough conviction.
October 19th, 2009
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The hotly anticipated testimony of Larry Birkhead, the former partner of ANS and father of her daughter, occurred today. He described to Judge Perry a “whirlwind romance” that ensued shortly after meeting ANS at a Kentucky Derby charity event in 2003. Birkhead soon became her personal photographer and moved into her home, sharing it with HKS until her fifth or sixth month of pregnancy. He felt HKS was not happy with the fact that Birkhead was living there, and said HKS “would get into the personal relationship between Anna and me.” While living there, Birkhead began noticing bottles of Valium and other narcotics strewn throughout, and personally witnessed ANS taking methodone. Dr. Sandeep Kapoor was identified as her attending physician at the time. Birkhead said he raised the drug issue during a visit to Kapoor in mid-2005 about a minor ailment. “I was concerned that Anna was taking too many medications…at the end of the visit, I said to him she might be taking medicine from someone else in addition to him.” Birkhead said Kapoor replied “I believe we have that under control now” but was otherwise mum on the subject.
Meanwhile, prosecutors have petitioned Judge Perry to show a video capturing Kapoor kissing ANS at a nightclub and talking about her prescriptions. Judge Perry stated he would review the video before deciding if it should be used as evidence. If it is admitted, then such footage suggesting that ANS and Kapoor (who claims he is homosexual) had an inappropriate sexual liaison could do significant damage to the defense, as it could validate the view that Kapoor abused his position and helped fuel ANS’ addiction. You may step down now, Larry, for the time being anyway.
October 16th, 2009
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Testimony continued today in the case against defendants, Howard K. Stern, Khristine Eroshevich and Dr. Sandeep Kapoor, to determine if they will stand trial for conspiring to illegally provide Smith with the controlled substances that ultimately led to her death. Anna Nicole Smith’s former bodyguard, Mr. Mo Brighthaupt, testified he saw Defendant Howard K. Stern inject her with pharmaceutical drugs on at least five occasions. He also testified that he witnessed Defendant Eroshevich inject her as well.
Larry Birkhead was scheduled to testify today as well so…stay tuned!
Click here for more details \”Three Ring Circus\”
October 14th, 2009
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