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CNN LARRY KING LIVE

Analysis of Scott Peterson Case Developments; Interview With Anna Nicole Smith

Aired February 9, 2004 - 21:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

LARRY KING, HOST: Tonight, exclusive, Anna Nicole Smith is here to put all those rumors to rest, her first public appearance on camera since her dramatic weight loss. Anna Nicole Smith is back, and thinner than ever. How much weight did she lose? How did she do it? Anna Nicole Smith, exclusive.
But first: Scott Peterson finally has a trial date, and it's Wednesday. Here with the latest, Ted Rowlands of KTVU, on top of this story from day one; Court TV's Nancy Grace, the former prosecutor; high-profile defense attorney Chris Pixley; and psychotherapist Dr. Robi Ludwig, all next on LARRY KING LIVE.

OK, we're going to spend the first segment of the program talking about the Peterson matter. Judge Delucchi presided. What happened today, Ted?

TED ROWLANDS, KTVU-TV: Well, as you mentioned, they're going to get going on Wednesday with the id liminae (ph) portions of this, basically, the things that need to be taken care of before the trial can start, before the jury actually is seated. The judge made a couple of rulings today, said that the jury's identities will be kept secret, away from the media. He also said that the witness list, which isn't public anyway, at this time -- hasn't been filed with the court -- if it is, it will most likely be under seal. They don't want the media to harass either one of those parties.

Then the defense filed a number of motions. They want a number of things to be dealt with before the jury is seated. They want testimony from one of the witnesses who was put under hypnosis to be thrown out. They also want the jury, when it is seated, to be sequestered for the entire trial. Originally we thought that they were going to ask that they were just -- they would just be sequestered during the deliberation phase, but Geragos filed paperwork today asking that the jury be out for six months, sequestered. They'll bring that up.

A couple of other things that he asked for was to exclude all of the statements that Peterson had made to the media, and he wants separate juries for the guilt phase and the penalty phase. All of those things will be dealt with before the jury is set, and that process is going to start in earnest on Wednesday.

KING: And Nancy Grace, when do you expect all of this to really get under way?

NANCY GRACE, COURT TV: They will probably start those hearings this week, but this is normal. It's par for the course. And the reason they want this taken care of up front, Larry, is because both lawyers want to know what they can argue in opening statements. In other words, if his statements to the media are going to be excluded, they need to know that before openings, so they can deal with it and tell the jury about it up front.

KING: Chris, why can't we know the witness list? We, the public. Why can't we know the names of the jurors?

CHRIS PIXLEY, DEFENSE ATTORNEY: Well, I think, in this case, there are probably two reasons. One, the judge has stated his express purpose was the 6th amendment, protection of both sides' fair trial rights. But the fact is, I think what's really driving the decision here is the privacy interests of the witnesses, and in particular, of the jurors. You know, there are a number of people involved in this case, Larry, that didn't ask to become public figures by virtue of the fact that they're witnesses or potential jurors. The judge wants to keep it that way, and I think that's the right decision.

KING: What, psychologically, goes through the participants here, Robi? Take us through, like, the prosecutor, the defense, the defendant. What's going on? Is this really tense?

DR. ROBI LUDWIG, PSYD., PSYCHOTHERAPIST: It's an extremely tense time, and clearly, the defendant wants his life back, wants to live the life that he had before this all happened. And the defense attorney prides themselves on making sure that the innocent person doesn't land in jail and that their role is a very important one because if they don't do their job right, an innocent man can go to jail, and in this case, you know, suffer the death penalty. And the prosecutor is all about justice. You know, they want to make sure that the guilty person lands in jail and that the victim's life has meaning. So everybody has a big and important role ahead of them.

KING: Is there concern, Ted, that the fact that there will be a TV movie about this airing this Friday?

ROWLANDS: Well, the district attorney from Stanislaus County, James Brazleton, was in town today in Redwood City, and he said he doesn't care what the media does and it doesn't affect him. I know that the family, the Rocha family, has seen this movie, and according to their attorney -- I talked to him this afternoon -- they were upset by it, and they're going to come out with a statement asking people to not watch the movie and not to support it. Basically, it was shot in a very short amount of time and the ending is left unsaid, but one would think that it is not going to make Scott Peterson out to be a stellar citizen. We'll have to wait and see. But the Rochas are definitely against it.

KING: What do you know about Judge Delucchi? What can you tell us, Nancy?

GRACE: Well, I know that he has presided over many, many capital cases, I think 22 capital -- in other words, death penalty -- cases. He's about 72 years old. He's been on the bench for years and years. He's a retired judge, but that simply means he's reached retirement age. And I would also point out that the defense has dropped their objection to getting rid of the last judge. This is the third judge we're on. Remember, we had Girolami, then we had Arnason, and now we've got Delucchi. And I think they're set on this -- don't -- don't go to bat on that because the defense may ask for another change of venue. We know that as of last Friday, Geragos's team was polling people by phone. So get ready for them to tee up another change of venue request.

KING: Any chance of that happening, do you think, Nancy?

GRACE: Well, under the law, they can ask for it again. But bottom line, because of movies like the one that's coming out and the press statements, statements made by Scott Peterson himself, everybody knows about the case. All they've got to do, both sides, is seat 12 people that say they can put that aside and listen to the facts in evidence.

KING: What does it do to the defense that one of their star witnesses has died, the elderly woman who claims she saw Laci walking her dog? What do you make of that, Chris?

PIXLEY: Well, there's the obvious impact, Larry, that you've lost an eyewitness who saw Laci Peterson, or claims to have seen Laci Peterson, alive and well at the same time that Scott Peterson was supposedly dumping the body in the bay. So there's, you know, a direct impact. I also think there's a secondary impact. You know, Vivian Mitchell has said in the past that she reported her sighting of Laci Peterson on the day of her disappearance just days after that disappearance and the police never followed up. So Vivian Mitchell might very well have bolstered the defense argument that the prosecution and the police pursued only the Scott Peterson theory and ignored leads that went away from Scott Peterson.

KING: Dr. Ludwig, what do you make of sequestered juries? What effect does that have, if they sequester it?

LUDWIG: It has a mixed effect. I mean, very often, jurors can feel that their 1st Amendment rights are taken away, that they're away from loved ones and it's very disruptive to their lifestyle because they're not able to attend to their duties at home. So that is, of course, the down side. But on the up side -- and also, it's expensive for the state. But on the up side is that jurors really do want to do their job, and sometimes when you have a sequestered jury, especially with a high-profile case, you have a better chance of keeping it pure. So one can understand. And jurors will be instructed about how their life will be, just to make it easier for them if it goes in that direction.

KING: Ted, how long should this trial take?

ROWLANDS: Well, we're expecting two weeks of this id liminae process and then four weeks of jury selection, assuming it stays in Redwood City, and then at least four months of the actual trial. And who knows how long the deliberations will take. So conservatively, four to six months here this is going to take before there'll be a verdict. KING: Why jury selection takes so long, Nancy?

GRACE: Because they are going to not to not only ask the jurors general questions, which are questions as a group, they're going to ask individual questions with each potential juror isolated, so what they say won't taint the rest of the jury pool.

But before they can even get there, there are going to be some serious pre-trial motions this week. One, Geragos is contesting that GPS locator that was apparently attached to Scott Peterson's truck. Good luck! That's been let in evidence in practically in every jurisdiction in the country because they had a warrant. Two, bloodhound evidence that allegedly tracked Laci's body away from the home and away from that park. And three, the witness that Chris Pixley referred to -- she's gone, but another witness is going to be at issue, and that is the young woman that was taking a walk that had later been hypnotized by police to enhance her memory. Those will all three be contested this week.

KING: Chris Pixley, is this, in your estimation, on both sides a very tough case?

PIXLEY: Well, this is a difficult case for the defense, and that's my focus because there is, you know, this damning circumstantial evidence right out of the gate, and the prosecution is going to focus from the very beginning on the fact that Scott Peterson's wife, her body and the body of their unborn child washed up in the same spot that Scott places himself on the day of the disappearance. And you can't get away from that.

For the prosecution, though, it's a difficult case, Larry, because jurors need physical evidence. They at least want it. They want a motive, and if they don't have a good motive, then they want some physical evidence that shows how, when and where the crime occurred. None of that seems to be involved in this case. They don't seem to have it right now. We may see some surprises at the trial, but we didn't really see any at the preliminary hearing. So each side has kind of a difficult road ahead.

KING: Thank you all very much. We'll be -- of course, you'll be on with us constantly throughout the proceedings. Always great having them with us -- Ted Rowlands coming to us from San Francisco, Nancy Grace in New York, Chris Pixley in Atlanta, and also in New York, Dr. Robi Ludwig. And everything gets under way with motions and the like on Wednesday morning.

We're going to break right now, and when we come back, the new Anna Nicole Smith will join us on LARRY KING LIVE. Look at that. Don't go away.

(COMMERCIAL BREAK)

KING: It's now a great pleasure to welcome to LARRY KING LIVE, her first interview since looking a lot different than she used to look, from New York -- look at that -- whew! -- is Anna Nicole Smith, the entertainer and model, with a big change in her life. She has lost -- how many weights -- much weight did you lose, Anna, in pounds?

ANNA NICOLE SMITH, ENTERTAINER/MODEL: Well, I can't say. You're just going to have to tune into the E! show, Larry.

KING: To when?

SMITH: You have to tune into the E! show February 22 at 10:00 o'clock.

KING: And that's when you'll announce your poundage loss.

SMITH: Yes, because I kind of slipped it out and told E! accidentally, but I'm not telling anybody else.

KING: All right. Well, at least do us one favor. We'll pull the camera back a little. Stand up and let's see how you look. Let's pull the camera back a little.

SMITH: All right.

KING: OK.

SMITH: Da, da, da, da, da, da! Whew!

KING: Not bad. Oh, you're going to do a walk! Are you all done losing?

SMITH: I'm very done losing. I actually think I lost a little bit too much, Larry.

KING: I don't think so.

SMITH: I'm working on that.

KING: No, you look great.

SMITH: Thank you.

KING: What's the most you ever weighed?

SMITH: The most I ever weighed? Do you actually think I'm going to tell you that, Larry?

KING: Well, I mean, you were once...

SMITH: Look in my eyes. Do you actually think I'm going to tell you?

KING: You're not going to tell me.

SMITH: No.

KING: Are you -- OK, let me ask this. Are you slimmer now than when you modeled for Guess?

SMITH: Yes. Yes, I am. KING: Are you -- all right, when you were a "Playboy" Playmate -- no one will ever forget that issue -- your data sheet in May of 1992 said you were 36 DD, 27, 38, 5-foot-11, weighing 140. How do you compare to that now?

SMITH: Well, actually, I kind of lie a little bit on the weight there.

KING: You weighed more than 140 for the "Playboy" thing?

SMITH: Yes, I did, Larry.

KING: But the 36 DD was right.

SMITH: That's still correct, Larry.

KING: That doesn't lose weight, I would gather, Anna. Are you still the -- are you 27 waist?

SMITH: I think so. I think so.

KING: Now, what was the reason for all of this? Why did you lose weight, other than the obvious, you wanted to look better. But I mean, what got you motivated to do it?

SMITH: What got me motivated? To be honest, I really got tired of the -- the fat jokes, you know? I mean, what really, really upset me the most was Howard Stern, when he got me on his show and then -- you know, he got me there and then he's, like, OK, Anna Nicole, I know you weigh 300 pounds, and we got a scale here. We want to get you on the scale. And I was just, like, Oh, my God. I can't believe he's doing this to me. And he had a bunch of callers call in and be really rude and say, Oh, Anna, you know, get on the scale. I'll give you a bunch of jewelry. We know you weigh 300 pounds. And he just let all the mean callers in, you know, instead of scanning them, like he should have. He let all the mean people really hurt my feelings and were really, really hurtfully rude. And he was just totally -- just went way over the top, and that really, really hurt bad.

KING: But it also motivated you, right?

SMITH: No, not at the time, but it stuck in my head. It stuck in my head. It did stick in my head. He hurt me. It depressed me, is what it did. It depressed me more.

KING: How soon after that...

(CROSSTALK)

KING: How soon after that did you get into the diet thing?

SMITH: But then I heard a lot more, a lot more, and all the fat jokes that everybody's saying, and then -- you know, I really didn't care. And then, you know, I looked in the mirror, and I'm just, like, I am fat, you know? I am fat. So I just, you know, started losing weight. KING: All right, why did you...

SMITH: You know, I tried to...

KING: Why did you go on the Stern show, in the first place, since you know that's the kind of show he does?

SMITH: Because Howard Stern and me, we used to have this love/hate relationship, you know? You know, I used to love Howard Stern, and he used to like me, and we used to pick at each other all the time, you know, but it was a fun thing. And this time, it was a hateful thing.

KING: Yes.

SMITH: It was a really hateful thing that he did.

KING: Mean.

SMITH: And it's not funny, you know, because he doesn't know the reason why I gained weight. Nobody does. And you know, I've been fat twice in my whole life and, you know, it's just not -- it wasn't funny.

KING: Do you know why you put on weight? Do you know why, yourself?

SMITH: Yes, I do.

KING: Was it due to depression?

SMITH: It was the depression from reliving the trials...

KING: Yes.

SMITH: ... from my husband, twice. That's why I got fat twice, and nobody understands that. Nobody cares because they think I'm a gold digger, and it's not true. I loved my husband, and I had to relive that over twice. I had to keep reliving this court thing. You know, it depressed me. It depressed me to hear the awful things that I had to hear. You know, it hurt and, you know, nobody cares. I just heard crap all the time about me.

KING: Did health play any part? Were you worried a little about your health in order to lose weight?

SMITH: No, I wasn't worried about my health at all. I wasn't worried about my health, losing the weight. I'm kind of worried about it now because I need to gain a little bit more.

KING: Did you feel...

(CROSSTALK)

SMITH: ... stuff really works.

KING: Did you feel, like -- did you feel undesirable or did you feel that you were not attractive when you were overweight?

SMITH: No, not at all. I've always gotten the same attention. Maybe not, you know, work-wise, but you know, I've always gotten plenty of attention. So no, that didn't bother me.

KING: How are people treating you now when they see you?

SMITH: When they see me? Great. Wonderful. Wonderful.

KING: A little surprised?

SMITH: Oh, yes. Everybody's really shocked because no one believed it. No one believed I lost the weight. Everybody's like, No. You know, all the media's calling. She didn't lose the weight. Oh, she didn't do the Nit (ph) show because she didn't lose the weight, and all this, you know, crap. And now, you know, they saw it, and now they can eat their words. So I'm just, like, Hello! Surprise!

KING: At least you didn't eat your words. You lost the weight.

We're going to take a break, Anna, and when I come back, I want to ask you about TrimSpa and how that worked for you. Lots more to go with Anna Nicole -- the new Anna Nicole Smith right after this.

(COMMERCIAL BREAK)

KING: Our guest is Anna Nicole Smith. Last time I saw Anna was at the Kentucky Derby last year. And boy, you sure look different now. She credits the diet pill TrimSpa for the loss. She's now a paid spokesperson for that pill.

How did you and that pill come together?

SMITH: Well, actually, I took the pill first, before they approached me, so that's kind of weird. And I was taking the pill for a little bit, and then, weird enough, they contacted Howard, my lawyer, and they wanted me to be their spokesmodel for TrimSpa. So I was, like, OK.

KING: How did you first discover the product? Since they didn't hire you first, you first started using it, why that product?

SMITH: I was just looking for something to use. I don't know. I just picked TrimSpa and it works. It works really well. I'm talking miracle drug. Look at me.

KING: All right, it's called hudea gordoni (ph), which the company describes as a natural appetite suppressant used by tribal hunters of South Africa. Other ingredients include green tea extract, cocoa extract and cicrus niranganine (ph). There's no ephedra in this, right?

SMITH: No. I'm taking the non-ephedrine-free one.

KING: What does it do? What -- does it -- you just curb your hunger? What does it do?

SMITH: It makes you not -- it makes you not hungry. It -- it -- I don't know. It, like, shrinks your stomach or something, and it makes you not really want to eat. Like, I have to -- now I have to force myself to eat. It's bad because -- it's not bad, not -- let me take that back. It's great. It's a miracle drug because I've lost all this weight and it's really great, but when you lose the weight...

KING: Except you can't keep staying on it, right?

SMITH: No. When you lose the weight -- I just take, like, two pills a day now, just to maintain because, you know, it makes you not want to eat and, you know, you need to eat. So you just cut down on it. All you do is you cut down on it to maintain, and then you're fine.

KING: Will you have to take those two pills a day, like, forever? Will you always be on it?

SMITH: I don't know. For now, I'm going to be taking the TrimSpa unless I keep losing weight because I can't lose any more.

KING: No. All right, do you -- any side effects?

SMITH: The only side effect is you get a lot of energy, which I don't really prefer.

KING: Sleep less?

SMITH: I like to lay in bed, you know, and sleep late in the day, and that doesn't really happen anymore.

KING: Yes, you got -- well, energy -- for a lot of people, that's a good thing to have, Anna.

SMITH: But for me, I'm a late sleeper, and I'm not a late sleeper anymore.

KING: What food do you miss the most?

SMITH: What food do I miss the most? I don't miss anything. I don't know. It's, like...

KING: No?

SMITH: It's, like, I don't really crave anything. I don't -- it's weird. I don't crave anything.

KING: All right. What was your favorite -- what was your favorite treat when you ate a lot?

SMITH: My favorite food?

KING: Yes. Were you a chocolate eater? Were you a...

SMITH: Oh, gosh. I loved Lady Godiva chocolates. KING: OK. Do you miss...

SMITH: That was one of my favorites. I miss those.

KING: Not a bad thing to miss. You must miss that. If you miss -- chocolate's a thing you can miss.

SMITH: I miss -- I miss having those beautiful boxes, you know, in my suites. Every time I go somewhere, I don't have them. But I don't eat them anymore, so there's no use in, you know, having them.

KING: Do you use substitutes, like low-sugar chocolates or low carbs? Do you have substitute foods?

SMITH: I don't even -- I don't even want sweets anymore. I don't crave sweets.

KING: Give me a typical day. What do you eat -- breakfast, lunch, dinner -- example, typical day. Breakfast.

SMITH: Breakfast? Fruit. Maybe I can eat some oatmeal.

KING: That's it? OK, we're up to lunch.

SMITH: Lunch. It's so hard because I so don't want to eat food. It's, like...

KING: But did you eat lunch today?

SMITH: I had some fruit.

KING: Fruit. What do you have, like, for dinner? You got to eat something staple sometime during the day.

SMITH: I'll probably have some kind of soy product and -- I can eat whatever I want. I mean, I can eat whatever I want. It's just...

KING: So you could have mashed potatoes and...

SMITH: I don't -- I don't crave it.

KING: -steak.

SMITH: I don't crave it. It's just...

KING: You don't -- in other words, you don't -- you don't get hungry anymore.

SMITH: Right. Exactly.

KING: So you eat just because have you to eat.

SMITH: I eat what people make me eat. I'm not hungry anymore. I do eat because, you know, you have to eat. I'm just -- I don't crave anything. It's just -- I just...

KING: Your appetite's gone.

SMITH: I'll just look -- I'll just look on the -- right. So I just have to find...

KING: How long have you...

SMITH: ... something, and I'll eat it. So I can't really tell you what to eat. I look on the menu and then I'll pick something out, so...

KING: How long have you been on this diet?

SMITH: I started the diet probably, like, the end of my second season of "The Anna Nicole Show."

SMITH: So that was, like, last year?

SMITH: Yes.

KING: Obviously, it was last year.

SMITH: Right.

KING: So you've been on this quite a few months.

SMITH: Right.

KING: We'll be right back with Anna Nicole Smith. In a little while, her attorney will join us, get her up to date on things legal with Howard Stern. Now, that happens to be the same name as the other Howard Stern, except -- just worked out that way. We'll be right back with Anna Nicole Smith. Don't go away.

(COMMERCIAL BREAK)

KING: She won't tell us the exact amount of weight she's lost. She'll announce that February 27 on her own show at E! But she does looks remarkable, Anna Nicole Smith. Will you stand one more time for late tuners in, people who might have just joined us. The new Anna Nicole. Some things as you can tell have not changed. But she looks terrific. All right, Anna, Anna Nicole, do you exercise along with this diet?

SMITH: Actually, I haven't exercised any yet, but...

KING: No?

SMITH: I'm going to start. I know I'll always say that every time, but this time I'm serious. I'm going to start. I'm going to start dieting, probably tonight because I'm going on a tour, and I'm going to do a calender in Miami and I have to tone up a little bit probably.

KING: So that's a good idea, by the way.

SMITH: Yes, you know, tone up a little bit. I don't know, yes. KING: Once you get into exercise, by the way, it becomes routine. It's easy. The whole thing is getting into it, really, once you get into it.

SMITH: I know, it's hard to get into it, though. I'm not an exerciser.

KING: Do you weigh yourself every day?

SMITH: I have a bad habit of doing that.

KING: Do you cook for yourself?

SMITH: No, no.

KING: I remember, I think the first time we met, you told me you were a waitress once, right, a cook?

SMITH: Yes, sir, I was.

KING: At a fried chicken restaurant, right?

SMITH: Absolutely.

KING: Is that -- did you eat a lot then?

SMITH: Excuse me?

KING: When you were working in the fried chicken restaurant, did you eat a lot of the product?

SMITH: Oh, all the time. But I was skinny, skinny, skinny, skinny. I weighed 125 pounds back then. So I could eat whatever I wanted.

KING: What do you think of your body now?

SMITH: Uhm, I think I'm a little bit too thin.

KING: So when you look in the mirror, you say, I'm a little too slim.

SMITH: Right, the picture you're showing right now, I'm thinner than that. So I want to get back to that thin, that weight.

KING: How about those who say you can never be too slim?

SMITH: That's crap.

KING: What are you worried about, if you lost a little more. What would scare you about being even lighter?

SMITH: Oh, Larry, that's a long story.

KING: Well, you're a full-figured person so obviously you can't be too slim. You can't look skinny. SMITH: For me, I'm a little bit too thin, I think. I think you'd probably agree if you saw me in person.

KING: Why did you keep such a low profile while you were losing weight?

SMITH: Because I just wanted to come out with a bang. Bang!

KING: I would say you did it tonight. What was your birthday party like? I hear it was wild.

SMITH: Oh, my goodness.

KING: Where was it?

SMITH: Oh, uhm, the nightclub was -- I'm not sure of the name. He's going to kill me.

KING: Where was it, what city?

SMITH: It was in California on Sunset, and, uhm, it was a really wild party.

KING: Had you lost a lot of weight at that party?

SMITH: I had lost a lot of weight at the party, a lot of weight, a bunch of weight. I should have stayed that size.

KING: Boy, you're really complaining that you're down too light. What would you -- could you describe -- go ahead. Describe for us what you mean as wild.

SMITH: You want to really hear the story?

KING: Just asking.

SMITH: Are you sure you want to hear it?

KING: Just asking.

SMITH: OK. Well, OK, they had a cake of me there, you know, a naked me, and they had -- it was naked and they had the biscuit, you know, the biscuit in the boobs, and I was standing by the cake, and there was this guy there, and he's like, oh, you want me to show you how to eat biscuit? I was like, sure. Sure. Show me.

KING: We're approaching halftime at the Super Bowl here, Anna. I think it sounds a little wild.

SMITH: What?

KING: It sounds -- that was just a start of the party.

SMITH: That was the start of it. Do you want me to finish telling you about the cake?

KING: No.

SMITH: Because it's really wild.

KING: No, I think that we'll let the audience's imagination run wild and just imagine wild and double it, and --

SMITH: Are you sure, Larry, because you really wanted to hear the story.

KING: No, I just changed. Sometimes you got to act on instinct. Are you happen which with the E! series about you? Do you like the E! series?

SMITH: Excuse me?

KING: Do you like the series on E!

SMITH: No, I hated the second season. The first season I thought was OK. You know, it was good, because it wasn't prepared or anything. But the second season, they were telling me like, oh, like...

KING: Do this.

SMITH: Like do this and do that. And...

KING: Don't work?

SMITH: It just, it didn't work.

KING: We're going to take a break with Anna Nicole Smith. We'll have her attorney, Howard Stern, same name, join us in our remaining couple of segments. Don't go away.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I'm going to stay away from his head.

UNIDENTIFIED MALE: Ow! May I have another?

SMITH: You definitely want spanking.

UNIDENTIFIED MALE: Turn around, babe.

SMITH: Watch this. I'm going to run around the store.

UNIDENTIFIED MALE: May I have another?

SMITH: Woo! Woo!

UNIDENTIFIED MALE: All right momma let's fly around the store.

UNIDENTIFIED MALE: Now you guys are going to be able to go back and say...

(END VIDEO CLIP) (COMMERCIAL BREAK)

KING: Virginia and Tennessee primaries tomorrow. We'll be covering it tomorrow night with Senator Bob Dole and Pulitzer Prize Winner Bob Woodward and a whole host of others and Wolf Blitzer.

Anna Nicole Smith is our special guest. We are joined now by Howard Stern, her attorney.

Howard, tell me about this series she's doing, the Anna Nicole Smith specials on E!

These are not the reality show.

HOWARD STERN, ATTORNEY FOR ANNA NICOLE SMITH: No, this is part of the reality show. This is something that will air February 22 at 10:00 p.m. and it's kind of covering Anna's comeback. It's amazing because we're living it right now. We're in fashion week in New York, and you would not believe the stir that Anna's causing. I don't want to give away too much, because it is too much. It's amazing.

KING: She did a catwalk, right, we know that. She participated in a fashion show, right?

STERN: That hasn't happened yet and it's still...

KING: You're going to do that.

STERN: So far it's over the top. I can't imagine how that's going to be. That's going to be on Thursday.

KING: Howard, she looks terrific. She says she's too slim. Do you think so?

STERN: I think she's hot. She looks beautiful. She looks absolutely beautiful. And it's...

KING: Do you two date?

SMITH: He's biased.

KING: Do you two -- I know he's your attorney.

Anna, do you date Howard?

SMITH: No.

KING: Where did the rumors come from?

Which ones?

KING: About you and Howard?

SMITH: From everybody.

STERN: I think we just spend so much time together that people think that.

KING: Let's discuss some legal things. Your ex-boyfriend, Mark Hatten, sentenced to prison for making criminal threats against you.

Where are we with that now Howard?

He's in jail right?

STERN: He's been sentanced. And again, she was a victim there, and we were just witnesses. But again, we don't want give that guy any more publicity and don't even really want to talk about that.

SMITH: Not an ex-boyfriend, a stalker.

STERN: Yes, he was not her boyfriend. He was like a little blip on the screen, and I think he wanted to make more of it than it really was, just so he could ultimately try and make money off of her.

SMITH: Exactly.

KING: So that hasn't caused you, Anna, any emotional, any pro- script emotionally to cause you to be sad?

SMITH: Only when he stalked me. He stalked me for years.

KING: I mean now that it's over, you don't dwell on it?

SMITH: No, I am see happy they put him away, and just ecstatic about it.

KING: Where are we, Howard, with all the details of the marriage and the husband and the will and all of that?

Last time we were on, that was still kind of in process.

Where are we?

STERN: How can you talk about the legal stuff when she looks like she does here?

SMITH: Larry, that was so...

KING: Because it's part of her story. It's public, Howard. It's called public. It's legal.

STERN: I know. Again, there's not much so update you on. We're in the appellate process. Right now we're in the Ninth Circuit Court of Appeals. It's been briefed, argued and at this point we're just waiting for a decision.

KING: She hasn't gotten anything yet?

STERN: No, she's still working. She's supporting her son. People don't give her credit for that, but she's worked and supported herself for the last, since her husband passed.

KING: How old is your son now, Anna?

SMITH: Oh, my gosh, he just turned 18.

KING: Is school?

SMITH: He's in private schooling.

KING: Is he gone on it college?

SMITH: Yes, he is.

KING: What does he want to do?

SMITH: He's not sure what he wants to do yet.

KING: Howard, what kind of client is Anna Nicole Smith?

STERN: She's the best. I have a dream job. She's the absolute best. I mean, with her -- she's my best friend so it doesn't feel like work. It's my life. I love it.

KING: All right, if Howard's not the boyfriend, and the stalker certainly wasn't a boyfriend, is there a boyfriend, Anna?

SMITH: There is no boyfriend yet.

KING: Are you dating?

SMITH: Not yet.

KING: Why not?

SMITH: Because I can't trust anybody. I just -- I can't. I get sued all the time. I can't trust anybody. I mean, people I don't even know sue me all the time. I just -- I don't trust anybody. It's hard.

KING: You're wary.

SMITH: It's very hard. I don't go out. I don't go out, you know, because I don't have any dates to call me to go out.

So how do you find somebody to date?

It's really hard.

KING: Howard, you're a guy.

How do you explain that?

STERN: I think with her, like she said, it's hard to trust people. People try and take advantage of her. People, you know, if she ends up going out with him, she has to worry about it being in a tabloid. You never know, and that's a problem. That's one of the things about fame that a lot of people probably don't realize, but she just can't have a normal life in that way or at least to this point hasn't had one.

KING: We'll be back with our remaining moments with Anna Nicole Smith, her attorney, Howard Stern. The show will air on E! on February 22. She'll announce the poundage on that show. She has lost a great deal of weight and probably a whole new phase of her life is beginning.

We'll be right back. Don't go away.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: We love you, Anna!

UNIDENTIFIED FEMALE: Anna, you're hot!

(END VIDEO CLIP)

(COMMERCIAL BREAK)

KING: We're with Anna Nicole Smith. Her attorney, Howard Stern, is with us, in our remaining moments. What's your future look like, Anna? Are you going to be in another movie, right?

SMITH: Yes, I am. I'm going to be in the movie, the sequel to "Get Shorty."

KING: Oh. With John Travolta?

SMITH: With John Travolta and Danny DeVito. So that's going to be fun. Lots of fun.

KING: Do you want a movie career?

SMITH: Yes, I do. Yes, I do.

KING: Is that where you're going to go, Howard, with a lot of attention to Hollywood and film?

STERN: Is that where I'm going to go?

KING: I mean, do you want your client to go?

STERN: Hey, I want her to be happy and do what she wants. So, you know, one of the things that's happening is now she's the executive producer of co-executive producer of "The Anna Nicole Show."

SMITH: Right.

STERN: So it's going to kind of have a different feel. She's getting back into modeling, film. I think she wants to do it all, and I think she'll be very successful as she has been.

KING: What's this about an Anna Nicole car in a NASCAR race?

SMITH: Well, I got my own car, and it's got my -- they put my picture on it, and it's with a guy who won four years in a row. STERN: Yeah, it's at the Rockingham race, the Anna Nicole car is going to be unveiled. It's with -- through TrimSpa, and Anna's going to be really involved in that race, and it should be a lot of fun and a lot of fun to watch.

SMITH: Yeah.

KING: Do you guys, do you both, Anna, do you pay attention to what tabloids write about you?

SMITH: I read them. Some I pay attention to, some I don't. When there's just flat out lies, like "Star" saying I did an exclusive interview with them and stuff like that, that really pisses me off. But you know, usually I just, you know, let them say what they want to say, and I just -- because they make up so many lies all the time. I mean, you can't just go to every single little one and say, hey, retract that. It's just so much work, and you know, to sue people all the time to retract stuff, I've seen so many bonus lawsuits where people are suing me just to sue me because of who I am, and I just -- it's just not worth it to me to sue, and I just, I just let it -- just ride.

KING: Howard, how do you react when falsehoods, I know during the trial and the thing about her husband. There was an awful lot in the tabloids about her, and she said last time she was on the show, a lot of it was false. Have you ever contemplated suing?

STERN: We've thought about it. We thought about it a lot, but then, you know, with the legal process, you're going to have depositions. It could take years, and a lot of times, it's just better to let it go, because then it drops. Once you sue over it, it just keeps that issue in the news over and over. And so that's one of the reasons why she hasn't done anything.

KING: But haven't you been tempted to, Anna?

SMITH: Excuse me?

KING: Haven't you been tempted to want to sue?

SMITH: Oh, absolutely. Absolutely, I wanted to sue so many times. So many times, but I've been -- I have been in litigation since 1994, and it is rough, rough, rough, rough, rough process. And I am just so tired of lawsuits and being sued, and being in court, and I just want to be done with it. I want it to be over.

KING: You still think about...

SMITH: I want to be free of them.

KING: You still think about your husband?

SMITH: Yes, I do. All the time.

KING: Miss him?

SMITH: I miss him deeply. That's my baby.

KING: He's gone how long now?

SMITH: He's been gone since 1995.

KING: Nine years?

SMITH: Yes.

KING: Well, life is -- would you describe, how would you describe her life right now? Is she at the top of her game? Is she all the way back, coming back? Where are we?

STERN: It's a really exciting time, because this is sort of her comeback. I would say that last year, the reality show, or her career hadn't caught up with the reality show, and now the reality show is kind of following along in the comeback of her career. And that's why it's going to be a better show. And that's why, you know, right now it's a much more fun time. It's great.

I think you're going to see a lot from Anna this year and in the next few years for sure.

KING: Well, Anna, I must tell you, you look terrific. You could be anything you want to be, just stay at the weight you want to be, and if you think -- I don't think you're too slim, but it's just one man's opinion. Good seeing you again, as always.

SMITH: Thank you, Larry.

KING: We'll look for that E! special on February 22. And Howard, thank you as always.

STERN: Thank you very much.

KING: That was the other Howard Stern.

Anna Nicole Smith and Howard Stern.

Tomorrow, the Virginia and Tennessee primaries, last hope for some, and we'll be on with guests, participants in the primaries and our panel, of course, with Wolf Blitzer, Senator Bob Dole will be with us coming to us live from Russia -- he's in Russia tomorrow night but still atop the scene, and Bob Woodward, the Pulitzer Prize winner of "The Washington Post," who's got a new book coming out about the war in Iraq. That's all tomorrow night.

Aaron Brown and "NEWSNIGHT" are next. Thanks for joining us, and good night.

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