Birkhead: Prosecutors chastised testimony
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LOS ANGELES (AP) -- The father of Anna Nicole Smith's babe said Monday a prosecutor suggested that the adolescent was developmentally damaged by Smith's narcotics use and that he should "ramp it up" in his affidavit at a preliminary hearing on biologic accuse adjoin Smith's above boyfriend and two doctors.
Larry Birkhead said the prosecutor's remarks outside cloister afore his affidavit resumed fabricated him upset, but the judge acceptable him to booty the stand anyway. Smith's above boyfriend, Howard K. Stern, and two doctors are charged with conspiracy to illegally give controlled substances to the above Playboy Playmate, who died of an accidental overdose in 2007.
Birkhead said Los Angeles County Deputy District Attorney Sarah Slice contacted him afterwards he testified Friday and suggested he was demography Stern's side in the case.
"I acquainted the district attorney was frustrated," Birkhead said under questioning by Ellyn Garofalo, the defense lawyer for Dr. Sandeep Kapoor. "She said I should chaw my tongue. She then went into a continued speech about my daughter, and how there was activity to be something wrong with her," Birkhead said.
"She said my babe is activity to be frustrated in acquirements and I should find something she excels in. She said she had studied the way the brain was fabricated up."
Birkhead said that afterwards he larboard court, Slice text-messaged him, suggesting he should apprehend to his babe to help her in her development. Birkhead said he had not noticed any signs of physical or mental disability in the child, 3-year-old Dannielynn Hope.
Garofalo asked Birkhead how he acquainted about the prosecutor! 's remar ks.
"I didn't banter about it because I acquainted she had crossed the line about my daughter's health," Birkhead said. "It upset me."
Superior Court Judge Robert Perry asked if Birkhead took this as a abrogating comment on his testimony. Birkhead replied that he did.
On Monday, as the same prosecutor was escorting him up in the elevator afore the hearing resumed, "it was suggested to me it appeared I was demography up for Mr. Stern and Anna couldn't allege for herself," Birkhead said.
He added that Slice said "she apparently shouldn't accept this conversation" but then remarked that "Anna could not allege for herself and the doctors had exploited her."
Birkhead said he disputed her account regarding Stern and tried to correct her but then he had to appear into court. Birkhead said he tried to talk to the chief prosecutor on the case, Renee Rose, but "she said she would altercate it with me later."
"I said, 'I don't know if these belief were told to get me upset,'" he said.
Birkhead said he acquainted that he was actuality encouraged to "ramp it up" back he alternate to the stand. The judge asked whether Birkhead was activity to be slanting his affidavit because of what had been said to him. Birkhead said he would not.
Slice was unavailable for comment outside court. District attorney's backer Sandi Gibbons said, "Because of the pending preliminary hearing we will not be authoritative a staement at this time." Outside court, Garofalo said, "We're afflicted to apprentice of this attempt at witness intimidation."
In subsequent examination by Rose, Birkhead accustomed that shortly afterwards Smith gave bearing to their daughter, he filed a ancestors suit and included a declaration allurement that the adolescent be activated for drugs because of Smith's prescription biologic usa! ge.
Birkhead additionally said that he acquainted Smith was grief-stricken at the time because of the death of her son, Daniel, and might not be able of caring for the baby. Birkhead beforehand said that Smith took added drugs than he had anytime seen anyone take. But he additionally said she suffered from a wide array of ailments.
Rose later got Birkhead to call media deals he fabricated afterwards Smith's death. He said he was paid a total of added than $2 million for interviews.
The next witness, Dr. Nathalie Maullin, a pscyhiatrist who advised Smith at Cedars Sinai Medical Center while she was pregnant, described her as a difficult patient who was obviously activity through withdrawal from multiple medications back 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 who was in the hospital allowance with her.
She said she telephoned Kapoor, and he gave her a continued list of drugs he had tried on Smith including Dilaudid, which she said surprised her because it is a able biologic used in cancer patients and has addictive potential. She said Kapoor additionally said Smith had problems with alcohol.
Among the allegations adjoin the defendants are dispensing controlled substances to an addict and dispensing them by artifice by using false names.
4:10 AM
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Anna Nicole Smith,
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