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SHOWBIZ TONIGHT

Britney Spears Back in Rehab, Again; Judge Rules in Smith Case

Aired February 22, 2007 - 23:00:00   ET

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


A.J. HAMMER, SHOWBIZ TONIGHT ANCHOR: A shocking ruling in the battle over Anna Nicole Smith`s body. I`m A.J. Hammer in New York.
BROOKE ANDERSON, SHOWBIZ TONIGHT ANCHOR: And Britney Spears reportedly back in rehab, again! And Barbara Walters tell us whether Britney`s kids are in danger. I`m Brooke Anderson in Hollywood. TV`s most provocative entertainment news show starts right now.

HAMMER: On SHOWBIZ TONIGHT, a startling ruling in the Anna Nicole Smith case. The judge makes a decision in the battle over Anna Nicole Smith`s body. Where will she be buried? And what about all this paternity stuff?

Plus, startling, emotional testimony about Anna Nicole`s reported drug use. SHOWBIZ TONIGHT with all the late breaking details.

More shocking Britney behavior. Tonight, SHOWBIZ TONIGHT can tell you Britney Spears is reportedly back in rehab, again! But if she screws up this time, will Kevin Federline take her kids away? Plus, a life lesson for Britney from other big stars who hit rock bottom. Pay attention, Brit. SHOWBIZ TONIGHT is coming to the rescue.

I`m A.J. Hammer in New York.

ANDERSON: Hi there everyone. I`m Brooke Anderson in Hollywood. And all I can say, A.J., is wow. Britney Spears reportedly back in rehab again. You know, it`s really getting hard to keep track. We`ve got that coming up.

HAMMER: Hard to keep track indeed. First the other wow, late today, the judge in the battle over Anna Nicole Smith`s body shocked us all out of nowhere making a ruling, not expected until tomorrow. And what the judge decided basically means that Anna Nicole Smith will probably be buried next to her son in the Bahamas.

(BEGIN VIDEOTAPE)

JUDGE LARRY SEIDLIN, FAMILY COURT JUDGE: Richard Milstein, esquire, as the guardian ad litem for Dannielynn Hope Marshal Stern is awarded custody of the remains of Anna Nicole Smith.

HAMMER (voice-over): A surprise ending to a wild case. In a decision nobody was expecting until Friday, Judge Larry Seidlin shocked the world by abruptly ruling that the court-appointed guardian of Anna Nicole Smith`s baby girl will be the one deciding where the former model will be buried. Even though he effectively decided not to decide, the judge, with tears in his eyes, couldn`t help but express his opinion on where he thinks Anna Nicole should be buried.

SEIDLIN: I want her buried with her son. I want her -- there`s no shouting. This is not a happy moment. I want her buried with her son in the Bahamas. I want them to be together.

HAMMER: Also breaking down in emotion, Howard Stern, Anna Nicole`s long-time companion, who was fighting to have her buried in the Bahamas. And Anna Nicole`s mother, Virgie Arthur, who wanted her daughter to be buried in the native Texas. And just when you thought this media circus couldn`t get any weirder, a video clip of a pregnant, out of it, Anna Nicole Smith fielding questions off camera by her companion, Howard K. Stern was shown in court.

On the last day of the hearing, Anna Nicole`s ex-boyfriend Larry Birkhead testified for a second day. Now, watch as he emotionally recounted the drug abuse he said he witnessed during his stormy relationship with Anna Nicole.

LARRY BIRKHEAD, ANNA NICOLE`S EX-BOYFRIEND: I just told her over and over, I said don`t. Something is going to happen to you. Something is going to happen. And you don`t know how many times I had to help her and to carry her back and forth to make sure she was OK. Sometimes I didn`t even know if she was going to live.

HAMMER: Birkhead is fighting Stern to have DNA tests on little Dannielynn to prove which of them is the father. And you can hear the bitterness in Brikhead`s voice when the the judge asked him if he could ever get along with Stern for Dannielynn`s sake.

BIRKHEAD: I`ve missed the delivery of my child. I`ve had to pay 4.99 for magazines to see what my child looks like. I`ve had to call and send gifts Fedex, Christmas gifts for my child, and I`ve missed everything that you can`t get back. So, maybe some day, maybe. I`m not going to say yes today. But the more he fights me and the more it takes, the less likely he`s going to get anything.

HAMMER: Birkhead says his tough relationship with Anna Nicole Smith endured not only drug abuse, but miscarriages and Anna Nicole`s changing stories about who fathered the child. Stern`s attorney had Birkhead read a bitter e-mail he once wrote to Anna Nicole.

BIRKHEAD: I`m not going to give up. I`m going to see in writing that I`m not the father, because I have to think that no real woman, no real mother, no one with the heart could tell a man with no kids, especially after a heartbreaking and devastating miscarriage, that he was a daddy again and not be true. No one could or should do anyone to that, not even you, the devil.

HAMMER: But outside the court, Birkhead`s attorney made a public appeal.

DEBRA OPRI, ATTORNEY FOR LARRY BIRKHEAD: All of you have determined by the public response that this is the good guy. Help us go out there. Put the pressure on the Bohemian government to do the right thing and to get Howard K. Stern to submit Dannielynn for a DNA test.

HAMMER: With his voice breaking as he dismissed the combatants in this case, Judge Seidlin emotionally issued one final order. Do right by Dannielynn.

SEIDLIN: And I hope to god you guys give the kid the right shot.

(END VIDEOTAPE)

HAMMER: Well, it looks like that will happen. There`s no word yet on when, or even if it`s 100 percent that she will be buried in the Bahamas next to here son Daniel. That cemetery, by the way, where Daniel and now Anna Nicole may be buried, has already become a tourist attraction. No big surprise there.

Well, after Judge Seidlin`s ruling today, a remarkable scene outside the courthouse. The two men who have been fighting to be declared the father of Anna Nicole`s little baby, Dannielynn, Larry Birkhead and Howard K. Stern, standing side by side in a rare moment of unity.

(BEGIN VIDEO CLIP)

BIRKHEAD: Very glad that Anna`s wishes are carried out and she will be

HOWARD K. STERN, LAWYER OF ANNA NICOLE SMITH: -- that`s she`s going to be going back to the Bahamas with her son.

(END VIDEO CLIP)

HAMMER: I got to tell you, visually at least, it took us all by surprise. Joining me tonight in New York, investigative journalist Diane Dimond and out there in Hollywood, attorney Gloria Allred. Ladies, good to have you both here. At least the courtroom portion of all of this has come to a close so far, at least with Judge Seidlin presiding.

Diane, what do you think? Did the judge make the right decision here?

DIANE DIMOND, INVESTIGATIVE JOURNALIST: Well, the judge didn`t make a decision. He really didn`t make a decision. I thought it was one of the most outrageous, embarrassing, mellow dramatic appearances by a judge I have ever seen in all my years of covering court. What he did in effect was he took the most focused, calmest attorney in the room and said, you decide. I don`t know. I think she should be buried in the Bahamas, but you decide.

Was it the right decision? Yes, I think she probably should have just been buried in the Bahamas. Did we have to go through six days of this? I don`t think so.

HAMMER: Yes, Gloria, it did essentially seem to me that he was passing the buck, all this time spent on this decision and all the hearing in court, which I will get to in just a moment, but in the end, is this how it should have turned out?

GLORIA ALLRED, ATTORNEY: I think so, A.J. And I think really legally his decision was who shall make the decision? So he made the decision that the person who should make it is the person that he appointed as guardian for little Dannielynn. But he gave his recommendation, which is, please bury her in the Bahamas. And it`s clear that the guardian ad litem is going to have her buried in the Bahamas. That is the right decision.

We could have all been spared this entertainment spectacular but a disgrace to the judiciary, I think. However, it`s finally the right decision, and I`m glad that`s where she`s going to be buried.

HAMMER: Let`s talk about that spectacle for just a minute. Because, as you said, it`s the right decision but it seems like a simple decision. The judge`s job, essentially to interpret the law and apply his decision. So please explain to me, Diane, why the three-ring circus, why the airing of this dirty laundry in the court room, that essentially, to me, from where I sit, doesn`t seem to have impacted the decision.

DIMOND: No, and it seemed to be, at points, all about the judge. I wanted to just jump through the television and say, let`s have a mental health pause just for the judge. Because he was blubbering. He was crying. He was emotional. He wouldn`t let the lawyers speak. It seemed, at times, to be all about him and all about paternity, which has nothing to do about where she should be buried, and drug use, and who she slept with, and so many other issues that, correct me if I`m wrong, Gloria, he could have just said, we`re not going to talk about that. We`re going to stick to the facts about where to bury her, but he didn`t.

Don`t ask me why. I don`t know.

ALLRED: I think the reason was he kind of got carried away and seduced by the fact that he had a huge microphone, that he was being listened to by millions and millions of people. He was seduced by the camera and the microphone, which is the fear of a lot of judges who don`t want cameras in the courtroom, because they`re afraid that that`s exactly what`s going to happen.

It seemed, at times A.J., that the rules of evidence went right out of the window, that this case was all over the place, that he was talking about matters that he had no jurisdiction over, meaning no power to decide. In that way, it was a disgrace, and it just doesn`t reflect well. But at least Anna Nicole, I think, finally is going to be able to rest in peace.

HAMMER: Were you shocked though, Gloria, and appalled, as a lot of attorneys were, by his actual behavior, besides all the joking and whatever his personality is, but also by the fact that he broke down in tears and just the way he conducted himself. Have you ever seen anything like that?

ALLRED: No, I don`t. And I don`t know if this is going to be part of his demo tape to get a TV show, and if it is, whether it`s going to help or hurt him. But the main thing is, was there dignity in this courtroom? I don`t think so. Should there have been? Absolutely. The fact that a celebrity is at issues should not have changed anything, should not have changed the rules of evidence. There`s no way that ten attorneys should be objecting all at one time. This place was out of the control. In a way, it was like the inmates running the asylum. It should never have been permitted.

HAMMER: It was quite zoo like. I got about 30 seconds Diane, now we showed a moment ago that moment of unity, with Howard K. Stern and Larry Birkhead side by side. But I think that`s a rare moment, especially because we have had this nasty paternity battle still unsolved, still unresolved. So, is this bound to just get nasty once again?

DIMOND: I think this is a precursor to what`s going to happen ahead. It`s always going to be like this with Anna Nicole Smith. Remember, we still have to figure out who the father is, and if the DNA tests are going to be taken. There`s going to be a lot more of these type of hearings. I hope we get a better judge.

HAMMER: I hope they handle it with some degree of class. Diane Dimond, Gloria Allred, thank you so much for joining us tonight.

It was just an absolutely stunning scene in the Anna Nicole courtroom showdown today, as we`ve been talking about. A shocking ruling, emotional talk of drug use as well.

(BEGIN VIDEO CLIP)

BIRKHEAD: You don`t know how many times I had to help her and to carry her back and forth to make sure she was OK. Sometimes I didn`t even know if she was going to live.

(END VIDEO CLIP)

HAMMER: SHOWBIZ TONIGHT has got this story covered from all angles. What happens now that little Dannielynn has control of her mom`s body?

ANDERSON: Also, can Britney Spears bounce back from reports that she`s in rehab, again? SHOWBIZ TONIGHT with some very valuable lessons for Britney from other celebrities who have battled back from rock bottom.

HAMMER: And I`ve got to ask, if she`s in rehab again, will she really stick to it this time around and make it work, especially with so much pressure? We`ll get into that at 45 past the hour.

(COMMERCIAL BREAK)

ANDERSON: Welcome back to SHOWBIZ TONIGHT. I`m Brooke Anderson in Hollywood. And you are watching TV`s most provocative entertainment news show.

OK, are you keeping score? Britney Spears is reportedly back in rehab tonight, again, for the third time in a week. In, then out, last week. In, then out, the other day. And now this.

With me tonight in Hollywood, a guy who knows a thing or two about handling a celebrity crisis, Howard Bragman, the founder of 15 Minutes Public Relations. And in New York, Jill Dobson, the news and style editor at large for "Star Magazine." Jill, Howard, welcome to you both.

JILL DOBSON, "STAR MAGAZINE": Thank you.

HOWARD DOBSON, 15 MINUTES PUBLIC RELATIONS: Thanks Brooke.

ANDERSON: All right, Jill, has it gotten to the point with Britney that we just can`t take her seriously anymore? That she`s a joke? What do you think?

DOBSON: That`s exactly what happened. When she filed for divorce on November 7th, everybody thought, finally, this beautiful girl is getting away from K-Fed, who has been dragging her down. But no, she`s the one who just keeps sinking to lower and lower depths ever since then. And K-Fed is doing great, and really a lot of people are concerned about her and really worried about her.

ANDERSON: Yes, whoever thought that K-Fed would be coming out of this thing smelling like a rose. And Howard, you are the PR expert. And I hate to be cynical about this, but I know I`m not the first person to raise this possibility. I really do. But is it possible, even though it could back fire, that maybe all of this is a publicity stunt, that Britney is so starved for attention, craving the spotlight, that it`s for publicity? Is that possible?

BRAGMAN: I think publicity stunt means something that is really orchestrated. I don`t think this is in any way orchestrated. But I think the term starved for attention is accurate. I think Britney is addicted to publicity the way some people are addicted to drugs, and she doesn`t know what to do unless she`s living her life in front of the cameras. And I think it`s a sickness.

ANDERSON: Well, she is in front of the cameras every single day, every single hour at times, it seems. Now, Jill, there were reports that Kevin Federline had requested an emergency hearing today, concerned about the welfare of their two children, Shawn Preston and Jaden. Britney was seen running to her lawyer`s office yesterday. Everything she has done so far has really back fired. Do you think maybe it`s finally dawned on her that she could lose the kids?

DOBSON: I sure hope so. I interviewed an expert the first time she went in and out of rehab, who said by checking into rehab she indicated that she needed help. By not staying there, she indicated that she didn`t get the help she needed. So that was a big strike against her in the custody battle. If the judge looks at that, and now, you know, two more rehab entrances, and hopefully she will stay in a little longer, get the treatment she needs, and hopefully she will realize that there is a custody battle going on. There are two young children here and she needs to take care of them and to take care of herself.

ANDERSON: Yes, get help for herself, not only herself, but for those two young children as well. Look, Howard, Britney, not the first big star to basically appear to hit rock bottom, and there are some lessons to be learned from this. You know, I want to take a look at Mariah Carey. She had a very public meltdown on live TV, on MTV`s TRL. Now, years later, she`s back on top of the game. What can Britney learn from what Mariah went through and overcame?

BRAGMAN: I think Britney first has to understand that she has hit rock bottom. I don`t think it`s clear to her. And I think this thing is spiraling. I look at Anna Nicole and a part of me inside says, Britney`s going to end up there. It`s really sad. We have a wonderful capability in this country to let people come back after they have acknowledged they have made mistakes, but she hasn`t acknowledged it, and she doesn`t understand that she`s a real disaster right now. And the worst has not happened yet.

ANDERSON: Another example, Jill, Robert Downey Jr. You know, he`s been in and out of rehab and jail numerous times. Now he`s married and he`s told me that he`s settled down. You know, this guy is still acting. He didn`t lose his career. Do you think he could, in a way, give Britney hope, if she accepts what`s really happening with her, that maybe she too could bounce back?

DOBSON: Certainly, I think there are some lessons to be learned by the way he handled it. One of the things he did was he went on Saturday Night Live and he showed pictures from his Summer vacation, and they were photos of him in prison, you know, and him with a big guy named Bubba, but they`re thumbs up and just having fun. So he kind of made fun of himself and he also started to walk the straight and narrow path.

I interviewed him a few months ago. He seemed totally normal and fine. And he`s doing good work, putting out good movies. That`s the key, is to put out a good product. For him good movies, for Britney, a really solid album.

ANDERSON: Hopefully she will do something to bring her career back. Jill Dobson, Howard Bragman, thank you both for your insight. Hopefully Britney is getting good advice and following it now.

HAMMER: Well, the ladies of "The View" had a lot to say about Britney today. Rosie is sticking by Brit. And Joy wonders if K-Fed`s fortunes have actually changed.

(BEGIN VIDEO CLIP)

JOY BEHAR, "THE VIEW": Wouldn`t it be funny if Federline turns out to be the father of the year? After all that, wouldn`t it be interesting to see that he stepped up to the plate, this kid?

ROSIE O`DONNELL, "THE VIEW": I don`t know. You know, the thing is she had a baby five months ago. This could all be related to post partem psychosis, post partem depression. There`s a lot of things involved in it. I have such heartache.

I love that kid. I got to tell you. I`ve loved her since she was a little kid and I love her today and I pray every day that she gets well, because that`s a serious issue.

(END VIDEO CLIP)

HAMMER: They also had a rather interesting idea to avoid the nonstop paparazzi pressure. They say that Brit should just leave the country to clean up. Ladies, remember, she did try out rehab in Antigua last week and checked out 24 hours later? So, maybe not such a great idea, I don`t know.

Brooke, also on "The View" today, Barbara Walters said that she spoke with Larry Rudolph, who is Britney`s manager, about her kids. Coming up at 44 past the hour, I go one on one with Barbara Walters. And I ask her point blank what she was told. Are Britney`s kids safe? Are they in good hands?

ANDERSON: A.J., you know, a lot of people are really concerned about Britney Spears and about her kids.

HAMMER: Understandably, because it has to have been very tough to be present at all with what she`s been going through.

ANDERSON: Exactly, you hope they are being properly cared for. Well, even Kelly Ripa wants to get involved and help Britney out. That`s next.

HAMMER: And, you know, if Britney is in rehab for the third time in a week, Brooke, is it really going to stick this time? Can she hang in there for it? Can rehab really work for Brit? We`ve also got this.

(BEGIN VIDEO CLIP)

SEIDLIN: The guardian ad litem for Dannielynn Hope Marshal Stern is awarded custody of the remains of Anna Nicole Smith.

(END VIDEO CLIP)

ANDERSON: The judge`s shocking ruling, Anna Nicole Smith`s baby daughter now in charge of her mom`s remains. But still so many questions. Will Anna Nicole be buried next to her son? SHOWBIZ TONIGHT sorts it all out straight ahead.

(COMMERCIAL BREAK)

HAMMER: While so many people fired up about Britney Spears, everybody wondering just what`s wrong with her. Even stars like Kelly Ripa want to do their part and help out. Check out what she said today on "Live."

(BEGIN VIDEO CLIP)

KELLY RIPA, "LIVE": I`m really, really upset and worried, and I just wish that there was -- I`m sure that her mom wishes that there`s some way she could force her to go to rehab and make her stay there. But apparently there`s no way. I mean, there`s no way to force a person to stay in rehab. They have got to do it themselves. It just makes me nervous.

REGIS PHILBON, "LIVE": Well, you`re going out there. Why don`t you knock on Britney`s door, as one blonde to another, and say, I`m here to help.

RIPA: Because I don`t think she -- I don`t think she would listen to me.

(END VIDEO CLIP)

HAMMER: Well Kelly joked that she never leaves the house. She`s got a few kids, so Brit could definitely chill out with her.

ANDERSON: Lots of you out are really fired up over Britney`s bizarre behavior. Yesterday, we asked you to vote on our SHOWBIZ TONIGHT question of the day, Britney Spears in and out of rehab. Should Kevin Federline get the kids? Fifty eight percent of you say yes, K-Fed should get Sean and Jayden; 42 percent of you say no, he shouldn`t.

Here are some of the e-mails we received. Joy from California says, "Kevin should be granted custody of those children. Britney needs help. She is unable to parent."

But Tina from Michigan thinks, "Kevin should not get those kids because he is no better. They will be in just as much danger."

HAMMER: It is amazing to me how much people`s feelings about Kevin have changed over time.

ANDERSON: I know. Who would have thought?

ANDERSON: And so much is at stake here, Britney`s career, the kids. And if she`s in rehab, do you actually think she`s got a shot?

ANDERSON: If she stays put, A.J., which I hope she does, I think she`s got a shot.

HAMMER: Well, coming up at 45 past the hour, we investigate if she`s really back in rehab, will it work this time.

ANDERSON: A.J., I heard you spoke with Barbara Walters, who chatted with Britney`s manager about something so many of us are wondering, are her kids OK. We`ll have that coming up. And we`ll also have this.

(BEGIN VIDEO CLIP)

BIRKHEAD: So many times I had to help her and to carry her back and forth to make sure she was OK. And sometimes I didn`t even know if she was going to live.

(END VIDEO CLIP)

HAMMER: The shocking ruling in the battle to bury Anna Nicole, and a lot of emotion and drama in the courtroom today, coming up.

(NEWS BREAK)

(COMMERCIAL BREAK)

HAMMER: Welcome back to SHOWBIZ TONIGHT. It`s 30 minutes past the hour. I`m A.J. Hammer in New York.

ANDERSON: And I`m Brooke Anderson in Hollywood. This is TV`s most provocative entertainment news show.

Well, it was a surprise and dramatic ending to the hearing over who gets to decide where Anna Nicole Smith is to be buried. The judge has said the ruling would come tomorrow, then surprised everybody by issuing it this afternoon. He gave custody of Smith`s body to the lawyer appointed as the guardian of her baby Danielynn, basically putting the whole mess in the guardian`s hands.

Then the judge offered his opinion on what he thinks should happen. Take a look.

(BEGIN VIDEO CLIP)

JUDGE LARRY SEIDLIN, BROWARD COUNTY FAMILY COURT: I want her buried with her son. I want her - there`s no - there`s no (INAUDIBLE). This is not - this is not a happy moment. I want her buried with her son in the Bahamas. I want them to be together.

(END VIDEO CLIP)

ANDERSON: It remains to be seen if the judge will get his wish. While three of the four parties say they agree for Smith to be buried in the Bahamas, Smith`s mother, Vergie Arthur, has filed an appeal.

HAMMER: There is so much to talk about today, especially that surprise ruling by the judge. But really, what does this all mean?

Joining me tonight from Hollywood, investigate journalist Jane Velez- Mitchell. She is the author of this book: "Secrets Can Be Murder."

Also with us from Broward County, Broward County Bradford Cohen. He knows Judge Seidlin very well, has appeared in his court before, joining us from the Fort Lauderdale, Florida, area.

Hi there both to you - both of you. Because there is a lot to talk about today.

Let`s talk about this judge`s decision and - and what it actually means. It - it ultimately is meaning that Anna Nicole will be buried in the Bahamas when all is said and done.

Jane, were you surprised?

JANE VELEZ-MITCHELL, INVESTIGATIVE JOURNALIST: No, actually, I wasn`t surprised. And you know everybody is beating up on the judge. He was out of control; he was having a nervous breakdown on camera.

But I am going to go out on a limb and praise him. And by the way, on TMZ.com, 71 percent of those surveyed agreed that he did the right thing. And I think by showing some vulnerability and by crying, guess what he achieved? Three enemies walked out of that courtroom arm and arm, expressing thoughts about love for Anna Nicole and what they had in common, namely their love for Anna Nicole, and talking peace.

Boy, if that doesn`t set an example for a lot of people, maybe judges should be more emotional. So I think he accomplished a lot. And as for the truth, he advanced the truth as well, by going into all these issues that everybody said was irrelevant, he essentially got a lot of dirty little secrets that we all needed to hear out about drugs, money and paternity that could impact the custody and paternity battles down the road.

HAMMER: Those battles indeed. But I had a hard time understanding what impact they had, if any, on the decision that he ended up making today. That was a little confusing to me.

I - I - I want to move on. Bradford, one thing that Jane mentioned was - was the fact that, you know, this decision not so shocking to a lot of people. What was your take?

BRADFORD COHEN, BRADFORD COUNTY ATTORNEY: I wasn`t shocked by it.

You know, the funny thing is, I`ve been saying this all week, and people kept saying that I was nuts. I`ve been on camera all week saying that this judge - all - all roads lead to Rome with this judge. When sometimes he takes a little longer to get there, he might be, you know, a little strange in the way that he does things, but you know what? At the end of the day, he makes the right decision.

He made the right decision in this case. He followed the law, and that`s what`s important. Everyone keeps coming down on this judge for the way that he behaved and the way that he did things. But you know what? That`s the way this judge always does it. I`ve been in front of him for the past 10 years; he`s done it from the first year I was in front of him to this year. Every case that I`ve had in front of him, he is an emotional guy. He gets emotionally attached to his cases. He`s a great judge, and he comes to the right decision at the end of the case. Even though sometimes you got to go through a lot of stuff to get there, he gets there.

HAMMER: Well, let`s talk about some of the amazing moments that took place in the course of this trial. There were no shortage of them.

Larry Birkhead testifying that Howard K. Stern brought prescription drugs into the hospital room where Anna Nicole was getting herself weaned off drugs while pregnant. Let`s listen to this.

(BEGIN VIDEO CLIP)

LARRY BIRKHEAD, ANNA NICOLE SMITH`S FORMER BOYFRIEND: We had a couple clashes in the hospital room because she and Mr. Stern brought in a duffel bag, and when there wasn`t enough administered through the drips that she was on, they would take them out of the bag, and taking it on top of the drugs that they were given at the hospital, and thwarted the efforts of the hospital to get her off the medications.

(END VIDEO CLIP)

HAMMER: Jane, dirty, dirty laundry coming out. The case might be over as far as who`s in charge of getting her buried, but this stuff`s going to come up in the paternity hearings, isn`t it?

VELEZ-MITCHELL: Exactly. This is, A.J., a three-dimensional chess game. Virgie may have lost the burial issue, but she could win the war over little Danielynn because of all the dirty laundry that came out during this hearing. And that`s why I say that ultimately, "big J" justice might have been served. Because we might have not known about all this.

And obviously, it reflects on Howard K. Stern, who has that baby and who refuses to take a paternity test while everybody else who claims to be the father is saying, I`ll take it. So I think this put a lot of pressure on Howard K. Stern. The whole world is saying, `Hey, guess what buddy? Enough with the baloney; take the paternity test.`

HAMMER: Yes.

VELEZ-MITCHELL: The judge said it, too.

HAMMER: Well, if - if that little moment wasn`t enough, let`s keep the hits coming. A tape played of Anna Nicole pregnant dressed in clown makeup. Let`s watch this.

(BEGIN VIDEO CLIP)

(INAUDIBLE)

(END VIDEO CLIP)

HAMMER: Unbelievable. Well, in that - in that tape, we hear Howard suggesting that he can make money off of that tape.

Bradford, again, damaging in the battle over the baby, I have to believe.

COHEN: I - I think it is, too. I mean, it really comes out to show that Howard K. Stern, I think, in everybody`s eyes is kind of sleazy. And I think people thought about that when they were coming into this trial. I think this trial backed it up. I think what he said, what he did in those videos, the testimony that came in against him in terms of that he had had a duffel bag full of drugs, that he kept feeding her drugs - I mean, this was a guy that was essentially making profit off a girl who they - the only reason they wanted her on TV was because she was a train wreck on TV. That`s why they wanted her. And he kept her in that - in that state of mind by feeding her these drugs. That was the testimony, that he had a bag of drugs with him. And he kept feeding it to her.

This kills him. I think is devastating for him in terms of how it`s going to affect him in his future. This is definitely a - a smoking gun in my eyes.

HAMMER: Not - not good at all.

COHEN: .in terms of the long run and custody.

HAMMER: Not good at all. Well this particular case about who`s in charge of getting that body buried may be over. This case is far from over.

Jane Velez-Mitchell, Bradford Cohen, thanks so much.

VELEZ-MITCHELL: Thank you.

ANDERSON: You`re right, A.J. Now that the hearing on the burial issue is over, there is another major issue that does need to be resolved: who is the father of that little baby, Danielynn? The two front runners at this point seem to be Howard K. Stern and Larry Birkhead, and Birkhead was back on the stand today for another emotional day of testimony, much of it about his concern about Anna`s drug use.

(BEGIN VIDEOTAPE)

UNIDENTIFIED MALE: Were you telling her not to utilize all these medications?

BIRKHEAD: I was telling her, and I was also telling Mr. Stern that it was a problem. She was getting (INAUDIBLE) doctors, Dr. A, Dr. B. and Dr. C all together. At times I took her medicine and - and I was told by Mr. Stern to give it back to her because she needed it to live. I just told her over and over, I said, `Don`t - something`s going to happen to you, something`s going to happen.` And I.

UNIDENTIFIED MALE: Take a breath, (INAUDIBLE)

SEIDLIN: Did this dominate the conversations you had with her?

BIRKHEAD: No, sir, your honor, it didn`t dominate, it resonated, and it (INAUDIBLE) - I said over and over and over - you don`t know how many times I had to - to help her, and to carry back and forth to make sure she was OK. Sometimes I didn`t even know if she was going to live. And they kept bringing more and more drugs in the house.

And while she was pregnant, like I said yesterday, I tried to get - massage her pains away, I tried to say, `Why don`t you take something that`s over the counter? Please don`t take what`s not recommended. Don`t take double dosage if it says single dose. You might be high tolerance, but the baby`s not high tolerance.` And, you know, it just - it went on and on. I think I did all that I could.

(CROSSTALK)

UNDIENTIFIED MALE: Did you ever ask her if she would go to a rehabilitation center?

BIRKHEAD: Yes, sir. She said, `I`m not a drug addict, and quit calling me one.` She said, `These are prescriptions.` It was her contention if there was a doctor`s name on the bottle, that there was nothing wrong with whatever she could take.

UNIDENTIFIED FEMALE: Miss Smith had not been through rehab, and you were away that she had substance-abuse issues. Is that correct?

BIRKHEAD: Correct.

UNIDENTIFIED FEMALE: And why is it then that you as an adult, as you just stated, took the chance on getting her pregnant and putting this baby in danger before it was even conceived?

BIRKHEAD: Well, when she came back from South Carolina in November and December.

SEIDLIN: No, no, no long story. Answer the country.

BIRKHEAD: Because when we got - when we.

SEIDLIN: Why did you make her pregnant when you knew she was overmedicated?

BIRKHEAD: Well, the answer is, when she came back from South Carolina, she was not medicated as much, and she cleared herself up.

SEIDLIN: What do you mean?

UNIDENTIFIED FEMALE: As much?

BIRKHEAD: Well, she had been - and she - I could understand what she was saying, I could understand her. She was in a better state of mind. Her skin was clear. She was a better - it was totally different.

SEIDLIN: You think you can develop a relationship with Mr. Stern to work something where everybody gets to enjoy and improve the life of that Danielynn?

BIRKHEAD: I`m not selfish, but you know I have - there`s a lot of hurt and heartache. I missed the delivery of my child.

SEIDLIN: I`m sorry. I didn`t mean to.

BIRKHEAD: I missed - I missed the delivery of my child. I`ve had to pay $4.99 for magazines to see what my child looks like. I`ve had to call and send gifts - FedEx Christmas gifts for my child, and I`ve missed everything that you can`t get back. So maybe someday, maybe - I`m not going to say yes today, but the more he fights me and the more he takes, the less likely - the less likely he is to get anything.

(END VIDEOTAPE)

ANDERSON: Larry also said that he and Anna Nicole had not intended to get pregnant with Danielynn. He said after an earlier miscarriage, he thought it would be better to wait until Anna stopped taking pills.

All right. The other big news today, A.J., Britney Spears reportedly back in rehab again. So will it stick this time, or is it just a revolving door? We`re calling an intervention specialist coming up.

And we`re also going to have this:

(BEGIN VIDEO CLIP)

BARBARA WALTERS, ABC NEWS: Look, Britney is in great trouble. And it is a story because we knew her and loved her and (INAUDIBLE) the talent.

(END VIDEO CLIP)

HAMMER: Barbara Walters talks on Britney`s situation. She opens up to me about who she thinks is partially to blame. That`s coming up.

ANDERSON: And it`s really hard to believe, but Martin Scorsese has never won the Best Director Oscar. He`s gone home empty-handed five times before. Will the sixth time be the charm? Coming up.

UNIDENTIFIED MALE: Black, and effect.

(COMMERCIAL BREAK)

UNIDENTIFIED MALE: .1 - fade up, go Camera 3, music under. Stand by, A.J. Pre-set Camera 1. Open his mike. Dissolve. Hit it.

HAMMER: Welcome back to SHOWBIZ TONIGHT, TV`s most provocative entertainment news show. I`m A.J. Hammer in New York.

Man, what a whirlwind week it has been for Britney Spears. She is reportedly back in rehab tonight. This is the third time in less than a week. And in between checking in and out of rehabs, she has still managed to find a little to shave her head, get a couple of tattoos in the process.

The whole thing certainly has been a media spectacle. And that`s something I asked Barbara Walters about today. Take a look.

(BEGIN VIDEO CLIP)

WALTERS: Look, I`m part of the media. So, you know, I can`t really complain about the media.

What I do complain about is the fact that if this woman tries to get help, the fact that there are paparazzi in helicopters leaning out of the door trying to take pictures of her while she`s trying to get some health back, to get some perspective back. Give the girl a chance.

HAMMER: Yes.

(END VIDEO CLIP)

HAMMER: And there`s a distinction between the paparazzi and the people trying to gather the news. But give her a break.

Barbara also told me that she spoke with Britney`s manager, and he said that Britney`s two children are in good hands and Britney has lots of support from her friends and family.

ANDERSON: So now that Britney is in rehab for a third time, will it stick and what kind of pressures is she going to face because - well, because she`s Britney Spears?

With us here in Hollywood, Ken Seeley, interventionist from A&E`s show "Intervention," and founder of Intervention911.com.

Thanks for being with us, Ken:

KEN SEELEY, A&E`S "INTERVENTION": Thank you.

ANDERSON: All right, Ken, you have said, Britney Spears is on a path to destruction. What do you mean by that?

SEELEY: You know, all of her behavior that she`s - and - that she`s behaving and showing and in this news and everywhere you look is all destructive behavior.

You know, she`s on a spiral down that`s - that the bottom`s going to be death. And we`re so fortunate that I think some professionals are stepping in and helping the family put together some healthy boundaries to raise that bottom so she doesn`t have to die from this.

ANDERSON: Yes, hopefully, she is now on the right track.

But I want to ask you - you know, she`s not the first person to apparently be freaked out about going into rehab. You know, going in, then out; in, then out.

From your experience as an interventionist, Ken, what is often going through someone`s head when that is happening, that indecisiveness?

SEELEY: Well, I think what`s going on with Britney right now is that I don`t know if she`s really going in for herself, or if she`s kind of getting asked to go to treatment from her family. And if she`s being asked in a loving manner like it seems like she is, I think what`s happening is she`s like, `Oh no, I can do it my way.` And then she realizes, no, she can`t do it her way; she needs to do it this way.

And so she`s going back and forth and back and forth. But the biggest thing I could suggest for her is to surrender. Surrender to whatever the medical professionals say, and get the treatment that`s necessary to stop this behavior and stop her addiction.

ANDERSON: I want to talk about the challenge that Britney`s facing.

Because she is such a huge star and has been surrounded, Ken, basically by yes men and women who do whatever she wants them to do, does that make rehab even harder for her? Because now she`s with people who basically aren`t going to take her bull.

SEELEY: Yes, it - you`re right, it will - it will be a lot harder for her. Because she - if anybody says not her, she takes them off the payroll; she stops hanging out with them. And then they loose that status of hanging out with Britney Spears.

So it is going to be difficult for her to really get it. The one that really holds the key here, that I could see, is mom. Mom holds the key. And, of course, her ex-husband, that has the privilege of being able to take away her kids if she doesn`t get this proper help. He has that eight - he has that availability to him.

So, you know, she does have some consequences that are pretty firm and aggressive that she will feel this pain. And, you know, that`s what it`s going to take for any addict to stop using and stop their behavior.

ANDERSON: Speaking of the kids, speaking of the consequences, even if she is successful with this stint in rehab, she`s going to face those same problems when she gets out: getting a divorce, in a nasty custody battle with her soon-to-be-ex-husband. She`s got a career that`s been in the toilet, Ken.

Is that just a relapse waiting to happen?

SEELEY: You know, if she really takes this seriously and gets the help that she needs in this recovery process, no, it doesn`t have to be a relapse. You know, she could really fight for her life. And one - and once an addict surrenders to their addiction and realizes that it is running their life and they`re not running their lives, and truly surrenders to it, there`s no problem. They - she won`t have to relapse. She could live a really successful and happy life and be such a great role model for all the Americans that just love her.

ANDERSON: OK, Ken. Well, hopefully, you know, as they say, the third time, maybe it will be the charm.

Ken Seeley, thank you so much for your insight. We appreciate it.

SEELEY: Thank you for having me.

ANDERSON: All right. And you can catch Ken on A&E`s network`s documentary series "Intervention," which returns for a third season on March 16.

We`ve been asking you to vote on our SHOWBIZ TONIGHT "Question of the Day." It is this: "Britney Vs. K-Fed: Should Kevin get custody of their children?"

Keep voting, cnn.com/showbiztonight. Send us an e-mail, showbiztonight@cnn.com. We will read some of your thoughts tomorrow.

And you can also vote on "The Question of the Day" by sending a text to 45688. To vote yes, write "SHOWBIZ Yes." To vote no, write "SHOWBIZ No." Once again, that text is 45688.

HAMMER: Well, Hollywood`s biggest name is fast approaching. Of course, the Oscars are this Sunday. One of the big cliffhangers this year: Will Martin Scorsese finally win? You know, it`s the sixth time he`s been nominated for Best Director. He`s gone home empty-handed five times before. That is coming up next.

SHOWBIZ TONIGHT will be right back.

UNIDENTIFIED MALE: (INAUDIBLE) for tonight`s promo in 3, 2, 1 - roll (INAUDIBLE)

(COMMERCIAL BREAK)

ANDERSON: We`re just three days away from Hollywood`s biggest night, the Oscars. You know, Martin Scorsese is nominated for Best Director for "The Departed." He has been nominated before, five times in fact, and he`s lost each time for that Best Director nomination.

But don`t feel sorry for Scorsese. If Oscar history is any indication, the sixth time might be the charm.

Here`s CNN`s SHOWBIZ TONIGHT`s Sibila Vargas.

(BEGIN VIDEOTAPE)

JULIA ROBERTS, ACTRESS: And the Oscar goes to, Clint Eastwood.

SIBILA VARGAS, CNN CORRESPONDENT (voice-over): Martin Scorsese, we feel your pain. You`ve been through five Best Director losses. Are you ever going to get a break? You were knocked out for "Raging Bill." Oscar wasn`t tempted by "The Last Temptation of Christ."

UNIDENTIFIED MALE: God`s world is big enough for everybody.

VARGAS: "Goodfellas" got whacked by the competition. "Gangs of New York" took it on the chin. And "The Aviator" took home a red eye to Loserville.

MARTIN SCORSESE, DIRECTOR: I would like to win.

VARGAS: We know you would, Marty, and the Academy has a way of making it up to those it`s overlooked. Call it the Oscar IOU.

After seven failed attempts, Al Pacino finally won for "Scent of a Woman" in 1992. John Wayne appeared in nearly 100 campy (ph) films before receiving an Oscar at the end of his career for "True Grit."

ROBERT OSBORNE, OSCAR HISTORIAN: He was really good in "True Grit." But whether or not he was better than those two fellows in "Midnight Cowboy," and some others, I - I kind of question that.

But I think John Wayne really got it also, not only because he was good, but also because he was John Wayne and had never been really acknowledged before.

VARGAS: Sometimes nominees don`t have to wait that long to get what`s coming to them. Jimmy Stewart and Bette Davis were among the stars who won a year after their great performances.

OSBORNE: And they started calling it a holdover Oscar, meaning you were getting it one year, because - a holdover for something wonder you had done the year before.

VARGAS: More recently, Renee Zellweger won for "Cold Mountain" after missing out the year before on "Chicago," while Nicole Kidman`s "Moulin Rouge" loss might have fueled her win for "The Hours."

PETER O`TOOLE, ACTOR: I`m an entertainer. That`s my job.

VARGAS: And this distinguished gentleman could call in his IOU this year as well. Peter O`Toole has come up short seven times before.

SCORSESE: We`ll see. Well, you know, whatever.

VARGAS: So cheer up, Marty. The director of "The Departed" may not be departing empty-handed.

OSBORNE: He`ll get this year, but he - he`ll really get it not only because of his body of work, but also because he did a really good job this year.

ANDERSON: That was SHOWBIZ TONIGHT`s Sibila Vargas.

Now, Sibila, A.J. Hammer and I will be right there for the Academy Awards, so be sure to watch SHOWBIZ TONIGHT`s live Oscar coverage, this Sunday, 6 p.m. and 11 p.m. Eastern.

HAMMER: And that is it for SHOWBIZ TONIGHT. I`m A.J. Hammer in New York.

ANDERSON: I`m Brooke Anderson in Hollywood. Have a great night, everyone.

"GLENN BECK" is coming up next. Stay with us.

END

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