by Rita Cosby
• • •
After my tour of the Broward County medical examination facility, I asked Dr. Perper where the body of Anna Nicole was now being kept. Dr. Perper told me he was worried about someone taking or damaging the body, so he had undertaken extreme measures to make sure Anna Nicole Smith was secure. She had been placed in a V.I.P. section within a series of vaults and under 24-hour guard.
"While the body is in my possession," he said, "she will be safe."
chapter 10
The Fight for Anna
I first met Anna Nicole Smith at fashion magnate Peter Nygard's chic Los Angeles "The Night of 100 Stars" Oscars gala, annually held at the famous Beverly Hills Hotel. One of the premiere parties for Hollywood legends, both young and old, it's the event where he and Anna originally met and clicked right away. Peter had a romantic relationship with Anna that ended, he says, because of her addiction to drugs.
"She was sweet, she was afraid, a nice person," Peter said. "She didn't have a mean bone in her body and was crying out for help in my opinion. She tried to reach out for somebody who would help her."
"She did lead a fast life," said her former publicist David Granoff. "When she was good, she was very good. When she was bad, she was very bad."
The night I met Anna there were many well-known celebrities at Peter Nygard's party—but the moment Anna Nicole descended the long staircase, heads turned, conversations stopped. She knew how to make a grand entrance and cameras were ready. Hers was a different presence, unmistakable and palpable. Her hair was up and she was wearing a slinky, form-fitting floral-printed dress showcasing her trademark cleavage. Her aura filled the room like a whirling tornado, an intense combination of raw sexual energy and uncanny social insecurity.
She recognized me and came over. "Hi, I'm Anna Nicole," she said. As I kissed her cheek, I remember thinking that hiding beneath all that hair and makeup was actually someone very sweet, authentic, and deeply afraid. She wanted to make sure everyone knew she was there, but it was more than that. She also wanted everyone to like her and to recognize her as an object of beauty.
After her death, as her body waited in a vault under heavy guard, Anna Nicole Smith had become just an object. An object that now, even in death, the world wanted to know who would lay claim to her and take her home.
Broward County Circus
The spotlight in the Anna Nicole Show now turned to the court fight over possession and burial of the star's body. During six days in February 2007, Judge Larry Seidlin, a family court judge with the Broward County Circuit, was the ringleader of an intensely emotional hearing for all sides. Virgie Arthur and Larry Birkhead were a team. Or so Virgie thought. They hugged before court and vowed to pull out everything in their personal arsenal to stop Howard Stern from controlling not just Anna's body, but also her estate. Larry was testifying as a witness for Virgie.
Each morning, the melee that awaited the participants when they arrived at the courthouse—and for Judge Larry Seidlin's jarring wisecracks—was a clamoring chaos. The media climbed on top of each other to get one or two words from one of the three parties—Howard K. Stern, Larry Birkhead, and Virgie Arthur—or as Judge Seidlin referred to them "Stern," "Larry," and "Mama." He called their respective legal teams "Florida," "California," and "Texas."
When I asked Larry Birkhead what he hoped for his day in court, he said, "I expect for the truth to come out and to respect Anna's wishes."
What Anna Nicole got was a riveting televised courtroom drama of mixed metaphors, strange analogies, and a judge who seemed to dramatize his delivery for the camera, playing every second of his fifteen-minutes of fame. Judge Seidlin proved to be as colorful as the other characters involved in the circus, though his feathers were ruffled at the mention of the word "circus."
Judge Seidlin often let the proceedings get off track by putting himself into the testimony. In one memorable, rather disjointed exchange with participants, he said: "There's no circus here, my friend. There's no circus here. This is life. We all come with some broken suitcases. Let's face it—money is the root of all evil. Am I right? When I used to teach tennis, I used to wear white shorts and a white top. It always looked good. You look good. Instead of fighting, you should join hands. Join hands, because it's only in this country that you can join hands. We don't have these kinds of religious wars and all these other issues that take place around the world." He'd proffer his wisdom, and then delve into far-fetched talk, such as his wardrobe, his young daughter, or his Bronx roots, where he was once a New York City cab driver.
The basic legal question, however, was where Anna Nicole Smith wanted to be buried and who should be considered the "next of kin." But as Dan Abrams, general manager of MSNBC asked, "Why are we going into drug use, and who had relationships with who? It doesn't make any sense."
Many observers felt that the judge made a mockery of the system, perhaps in pursuit of his own legal reality TV show. "Ninety or 95 percent of this hearing is totally irrelevant," Miami defense attorney Roy Black said on NBC's Today Show. "We are going into murder, money, drugs, and lots of sex. What does that have to do with the issue? The issue is: Where did she want to be buried?"
The Drugs
During the week, cameras captured plenty of tears from each of the concerned parties—Howard K. Stern, Larry Birkhead, and Virgie Arthur. There was a sense of vulnerability and overwhelming sadness from both Larry and Virgie, both of whom said emphatically that they wished Anna Nicole would have listened to their pleas to stop her drug use.
Howard K. Stern, according to many legal analysts, gave very ambiguous answers when it came to Anna's prescription drugs. When the judge asked him if Anna abused drugs, Howard said, "I'm not a doctor." When asked by the judge if he could have gotten Anna off drugs, it did not go unnoticed that Howard was vague.
According to Larry Birkhead's testimony, he had asked Anna Nicole to go to a drug rehabilitation facility in order to detoxify and overcome the addiction he felt she had to prescription drugs. Anna had told him, "I'm not a drug addict and quit calling me one." Or she would argue, "These are prescriptions." Larry said he responded, "You're not taking them properly." He told the court, "It was her contention because there was a doctor's name on the bottle, that there was nothing wrong with whatever she could take."
Larry Birkhead recounted that at one point during her pregnancy Anna Nicole Smith was in the hospital for around two weeks for detox to get her weaned off prescription drugs.
larry birkhead: At one point during the stay in the hospital she asked me to go get some personal belongings out of the closet in the hospital. And when I went into the closet, she asked me to bring the bag out. And she kept pushing the buttons for the drugs to come out, and she was getting frustrated and she kept telling me to press the nurse to tell her to get more, and I said, "You've had enough. They said you can't have anymore." And she goes, "I need more." And then when she told me to get her bag for something totally unrelated to drugs, like a toothbrush or something like that, she came back—when I brought the bag back to her, they— she pulled the bottle out.
[Ears perked up in the courtroom as Anna's boyfriend recounted the drug scene in the hospital. "They" was an interesting choice of words for Larry Birkhead. He also noticed he had said "they," and Larry felt the need to explain.]
larry birkhead: Mr. Stern was in the room, and they were waiting to see who came in, and they opened the bottle, and it was . . .
judge seidlin: "They" opened the bottle? Did Anna open the bottle, or did Mr. Stern open the bottle? "They" didn't open a bottle.
birkhead: Well, it happened multiple times. So I guess he did and she did both, and I witnessed both.
judge seidlin: And what did do you?
birkhead: I told them not to.
judge seidlin: Don't make it compound. What did you do next if anything?
birkhead: I told them not to, and repeatedly told her not to. And I watched and I stayed up for almost 24 hours a day to make sure that she
didn't. And then when I made it another point to say something when she ripped her IV cord out of her arm, they told me to leave. And then later, I came out and found out she was on suicide watch. That's what I did.
judge seidlin: Then what did do you?
birkhead: I was asked to leave. She asked me to leave the hospital or she was going to call the nurse, because I was trying to make her stop.
judge seidlin: Why did you leave?
birkhead: Because she told me if I didn't, they were going to call security on me, the hospital. And I told Howard what was going on. He says, it's best if you just go, she's not in her right mind. And they had a nurse sitting there 24 hours a day, the room was crowded up and they asked me to leave—they told me to leave.
judge seidlin: Do you think Howard provided—for Miss Anna Nicole Smith, do you think he provided some kind of support system for her?
birkhead: Support system in enabling? Or support . . .
judge seidlin: No, no, no. I'm not talking about enabling. We don't want to make each other out to be evil people. This is not—this is in a book it would be, but this is life. We all come with some broken suitcases. . . . What could you have done to pull her out of her pain?
birkhead: I just—I guess take all the drugs away, but I was told she needed them to live. So I didn't know if I took them, would she die or—had to choose, because they said, Howard told me that she could die . . .
But Larry Birkhead further testified that Howard did something else that stunned him during that hospital visit. Birkhead claims that at one point he caught Howard taking medication from his duffel bag and, unbeknownst to doctors, giving it directly to Anna, who felt the IV drip wasn't enough. Anna was there to kick her drug addiction, but he was only feeding her habit.
A month before this drug related testimony, unbeknownst to Howard K. Stern and Alex Goen, CEO of TrimSpa, one day in late January, Larry Birkhead met for several hours with seven Bahamian police detectives. Larry made some shocking allegations. The meeting was also attended and witnessed by fifty-two-year-old Mark Speer, a retired Los Angeles County sheriff's deputy, who was doing security for Larry Birkhead between October and March. He traveled with him everywhere including Florida, Los Angeles and the Bahamas, and saw first-hand some dramatic and very telling revelations.
During the meeting, Larry provided verbal and written statements with explosive details of money funneling, drug use and worse. Going on record, Larry Birkhead told police that Howard was funneling approximately $15,000 at least every other week, wiring it to his parents in offshore accounts. According to Larry, several million dollars had been wired. He said that Bahamian police should check Howard's bank accounts and Anna's checkbook.
But he also told police officers that "TrimSpa was a joke" and that "the owner, Alex Goen, knew Anna wouldn't and couldn't lose weight that way." So, he said, Goen supplied human growth hormone, a body fat reducer, and methamphetamines, an appetite suppressing, heart-racing stimulant often called "speed."
According to Mark Speer, Larry said he was "there when Alex Goen brought the stuff to Anna, and Anna also told Larry that this was going on." She said she had been using it for at least a year. Larry gave his attorney Debra Opri a two-to-threeinch-long needle and a vial with a small amount of liquid left in it. Debra Opri gave the items to Speer, who placed them in a sealed envelope in his refrigerator anticipating that they would be tested someday. Larry Birkhead said the needle came from Alex Goen and that "The needle and the vial would have Anna's DNA and maybe Alex Goen's fingerprints." A few weeks later, after Larry had met privately with Howard, Larry asked Mark Speer for the envelope back. "This needle and this vial are going to take TrimSpa and Alex Goen down," Larry told Speer, adding that he wanted "Alex Goen to go to prison and his company out of business."
I asked Mark Speer why he thought Larry never did anything with this evidence. Very frankly he said, "I believe Larry Birkhead was bought off."
Birkhead had also told Bahamian police that he often saw Howard injecting Anna and that "Howard was stealing money from Anna, sending money to his parents and offshore banks in the amount of $15,000 every week or two weeks." Larry further said that millions of dollars were funneled from Anna's accounts to Howard's. "I saw Howard signing checks to himself and to Howard's banks in the States and offshore."
Speer told me that Larry's mission at the time was to get Howard arrested and convicted for the death of Daniel and the continued drugging of Anna Nicole. After his meeting, Bahamian police told Larry that this information would be very helpful with the inquest into Daniel's death, which was in their jurisdiction. "We'll need you to testify at the inquest," he was told, "as you'll be important to this case." Speer said by the way the officers were acting, "You could tell they felt the information was big."
But, according to Moe's statements to private investigators, Larry wasn't completely without fault when it came to drugs and Anna Nicole. Moe said, Larry is "no choir boy," in fact, he also joined the party, giving Anna drugs while she was pregnant. Moe said he's seen "Howard give her plenty of prescription drugs," but he also saw "Larry give Anna ecstacy and cocaine."
• • •
Though Larry Birkhead testified that he fought Anna about her drug use, his last fight, he said, with Anna was over a pair of sunglasses that he refused to buy her, showing how unpredictable she was. Ford Shelley, Ben Thompson's son-in-law, told me he knows about that fight, but Jackie Hatten says that Larry Birkhead and Anna had a much bigger blow-up over Anna finding out that Larry had sold a photo of her behind her back. As a photojournalist, this was, after all, what he did for a living, but Anna always wanted to be aware of what pictures were going where and who would get a cut of them.
According to Jackie, Anna wanted to get pregnant by Larry Birkhead so she could have a blonde-haired, blue-eyed baby. In a letter Anna had written her mother on March 3, 2000, Vickie said, "I want to get pregnant and have another baby before Daniel leaves me . . . I'll find someone just to get pregnant and not let him no [sic]. Is that so bad? I don't think so. Men are pigs." Larry may have fit the bill. She told Jackie that Larry was "cute, young, and not dangerous," but Jackie says, that after the photo incident, "She felt betrayed and taken advantage of."
"One thing that infuriated Anna was if anyone did any deals behind her back," Jackie said. "She always wanted to be the one brokering where the pictures would be sold, she always wanted to know about it. When she saw a picture in a magazine one day and knew it was one Larry took, but didn't tell her about selling, she went ballistic."
• • •
The dramatic court testimony of Anna Nicole Smith's abuse of prescription drugs culminated in the showing of a home video of a pregnant Anna in clown makeup pushing a baby carriage. Anna appeared drugged, silly, or as several commentators noted, "completely whacked out of her mind." Her bizarre behavior apparently frightened Riley, the nine-year-old granddaughter of Ben Thompson, who was visiting them in the Bahamas prior to the brouhaha over who owned the Horizons house. Riley had painted Anna's face to look like a clown.
howard: Riley thinks you've absolutely lost your mind.
anna: Huh?
howard: Riley thinks you've lost your mind.
anna: I didn't lose my mind.
howard: She thinks you have.
anna: I didn't.
howard: Is this a mushroom trip?
anna: Huh?
howard: Is this a mushroom trip?
anna: What do you mean?
howard: I'm kidding.
anna: What does that mean?
howard: I'm kidding.
howard: I said this footage is worth money.
anna: Why? What footage?
howard: This thing you're looking into.
anna: That's a camera.
howard: Exactly.
Howard was later infuriated that someone had stolen the video from the Horizons house soon after Anna died and released it to the media.
Meantime, while this circus
of a courtroom scene was continuing, Dr. Perper, the coroner in charge of Anna's body, was getting nervous. It had been almost two weeks since Anna had died. He called the court several times from the Broward County morgue to report on the condition of the body. His words were being broadcast globally as many people were glued to their TV sets watching the daily courtroom theatrics. The body was, he said, rapidly decomposing and it was now a race against time. Dr. Perper told me he was shocked by the delay in the court proceedings and hoped his call would hasten the hearing that had now become must-see entertainment for millions of Americans.