Birkhead says he saw Anna Nicole Smith take drugs

Summary

The father of Anna Nicole Smith's daughter testified Friday the ex-Playmate "took more medications than I've ever seen anyone take," and that he complained about it to a doctor now charged with conspiring to provide Smith with controlled substances.

Story Created: Oct 16, 2009 at 6:28 PM MDT

Story Updated: Oct 16, 2009 at 6:28 PM MDT

Birkhead says he saw Anna Nicole Smith take drugs

Anna Nicole Smith

LOS ANGELES (AP) - The father of Anna Nicole Smith's daughter testified Friday the ex-Playmate "took more medications than I've ever seen anyone take," and that he complained about it to a doctor now charged with conspiring to provide Smith with controlled substances.

"I was concerned that Anna was taking too many medications," said photographer Larry Birkhead, who moved in with Smith in 2004 after a romance that began at a Kentucky Derby party.

Birkhead said he raised the drug issue during a visit to Dr. Sandeep Kapoor in mid-2005 about a minor ailment. Kapoor was Smith's physician at the time.

"At the end of the visit, I said to him she might be taking medicine from someone else in addition to him," Birkhead testified.

"What did Dr. Kapoor say?" prosecutor Renee Rose asked.

"He said, 'I believe we have that under control now,' and that's all that he said," Birkhead replied.

Asked to describe his relationship with defendant Howard K. Stern, Smith's lawyer-boyfriend, Birkhead replied: "Icy."

"We clashed a lot. He would get into the personal relationship between Anna and me," Birkhead said. "I don't think he was happy that I was there."

Stern, Kapoor and Dr. Khristine Eroshevich are charged with conspiring to illegally provide controlled substances to Smith. All three have pleaded not guilty.

The defendants are not charged with Smith's death at a Florida hotel in February, 2007, which was ruled an accidental overdose.

Birkhead took the stand at a preliminary hearing to determine if the defendants should stand trial.

After Smith died, Birkhead waged a paternity battle with Stern, who claimed he had fathered the model's daughter, Dannielynn. Birkhead won the dispute after producing DNA proof that he was the father. The little girl now lives with him.

Birkhead said he became aware Smith was taking multiple prescription drugs, including methadone and Valium, after moving into her home in Studio City. Some of the bottles had labels with fictitious names used by Smith, he said.

Birkhead testified that Kapoor's name was on prescription bottles. The doctor also made house calls to Smith and rode in a limousine with Smith's entourage at a gay pride parade in 2005.

Birkhead recalled one incident in which Smith stayed in a hospital for 10 days to detox from all the medication. He discovered she had a duffel bag of medicine, including methadone, that she was taking in the hospital.

Birkhead said he saw Stern give her the bag when she asked for it but didn't see him administer any drugs.

Superior Court Judge Robert J. Perry asked Birkhead if he considered Smith to be "a pill popper."

"I don't think I would call her a pill popper," he said. "But she took more medications than I've ever seen anyone take."

"You never saw anyone force Anna to take medication?" asked the judge.

"I never saw that," Birkhead replied.

Rose sought to show a video in court of Kapoor socializing with the ex-model at the gay pride parade and a party afterward. The video shows the doctor nuzzling and kissing Smith, Rose said.

Kapoor's attorney Ellyn Garafalo objected to showing the video, saying it was irrelevant to the case.

After watching the video privately, Judge Perry agreed and it was not shown.

Garafalo previously told The Associated Press that Kapoor is openly gay and never had a sexual or social relationship with Smith beyond that one day.

It was the second time in two days that Rose lost a bid to inject evidence of a sexual relationship into the case. On Thursday, she tried to ask a bodyguard about an alleged sexual relationship between Eroshevich and Smith only to have the judge bar that testimony as irrelevant.

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