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Showbiz Tonight

Britney Loses Custody

Aired October 01, 2007 - 23:00   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: Britney Spears loses custody of her kids, and the shocking death of the man accused of trying to extort Tom Cruise out of more than a million dollars. I`m A.J. Hammer in New York. TV`s most provocative entertainment news show starts right now.
On SHOWBIZ TONIGHT, a Britney Spears custody bombshell. Breaking news, Britney loses the kids. Tonight a judge orders that Britney`s kids be taken away from her and put into Kevin Federline`s custody, at least for now. But what`s behind the decision? Is it because she had been driving with the kids without a license? And what about those drug allegations? And what happens next? Tonight SHOWBIZ TONIGHT is all over the late- breaking details of Britney`s custody bombshell.

Hello. I`m A.J. Hammer, and this is SHOWBIZ TONIGHT, broadcasting tonight and every night from New York City. Tonight there is big breaking Britney Spears news. In a shocking decision, Britney is losing custody of her kids. Late today, a Los Angeles judge ordered Britney to turn over her two young sons on Wednesday to their father, her ex-husband, Kevin Federline. And tonight SHOWBIZ TONIGHT has got this covered like no other entertainment news show.

With us tonight from Hollywood, Kevin Baker, managing editor of UsMagazine.com. Also in Hollywood tonight, investigative journalist Pat Lalama and in Los Angeles, Gloria Allred. Gloria represents Britney`s former bodyguard, who made bombshell revelations about how Britney behaved around her kids.

Gang, I appreciate you being here with us tonight for all this breaking news. SHOWBIZ TONIGHT obtained the court order that mandates Britney has to hand over the kids by Wednesday. Now, this comes after the bodyguard`s claims, her being charged with hit-and-run, and an order by a judge for her to undergo drug and alcohol testing. Pat, let me start off with you, because this is just extraordinary. The judge has to really think these kids are in danger.

PAT LALAMA, INVESTIGATIVE JOURNALIST: Absolutely. I`m sure Gloria will agree with us as well. Just observing the California courts for so long, they`re incredibly reluctant to take children away from their mothers, particularly small children. My guess is she did something that Commissioner Scott Gordon thought was really possibly detrimental to her children, if not currently detrimental, and so be it.

Keep in mind, this is a temporary order. So I`m sure he probably set guidelines that said, you`ll be back on such and such a date. In the meantime, you need to do A, B, and C. Listen, A.J., it seems to me that she`s basically defied the courts. It almost makes me think she wanted not to have responsibility of the children anymore. I have seen far worse parents keep their kids by saying, wow, I better straighten up and do something. I`m going to lose my kids.

She did not do that. It makes me feel like she is screaming for help, to use that cliche.

HAMMER: She did not step up at all. Ken Baker, let me go to you, because here`s something I`m having trouble with. If the judge really does believe that the kids are in danger, why is he waiting until Wednesday to have her turn them over?

KEN BAKER, USMAGAZINE.COM: We don`t know that, and we technically don`t know what the reason was that motivated this judge to issue this order. But here`s a fair guess, OK? Like you said, there were three things that the judge said she had to adhere to in order for her to keep 50 percent custody of the kids. She had to take counseling classes. She also had to make sure that she was in a -- being randomly drug tested for alcohol and drugs. And she also had to just abide by all the other standards.

Now we don`t know what they were, but my assumption and everyone`s subjects that I`m talking to says it had to be the random drug testing for drugs and alcohol. I doubt that the judge would take away custody of the kids because she skipped a parenting class.

HAMMER: No, but -- go ahead, ken.

BAKER: Now, why would he wait two days? To me it sounds like it`s a procedural matter. I know that Britney`s attorney has already filed a motion objecting to this, so there`s probably some due course that is involved with the legal process of it. But make no mistake about it, those kids are going to be in Kevin`s custody until further notice at noon.

But I also want to tell you that we have learned just recently, just within the last hour or so, that Kevin has the kids right now. He was scheduled to get the kids already with their custody agreement. She had the kids all weekend, but Kevin does have the kids right now.

HAMMER: OK, and all of the things that you mentioned, in addition to the fact that her former bodyguard, Tony Barretto, dropped bombshell after bombshell last week, not only saying that he had seen Britney use drugs, but that she`s just unfit to be a mother. I want you to listen to what he said on "LARRY KING LIVE."

(BEGIN VIDEO CLIP)

TONY POTTS, "ACCESS HOLLYWOOD": Any instances when you were with her that she put her life in danger, her kids` life in danger?

TONY BARRETTO, FORMER BODYGUARD: I think she does that daily. I think that`s apparent to the media, to the public, and for the court as well. Her behavior is just so strange and unpredictable that, we don`t ever know what is going to happen.

POTTS: I heard that one time she was driving on the wrong side of the road with the kids in the back of the car.

BARRETTO: That was a scary day. It actually made me almost want to quit that day.

(END VIDEO CLIP)

HAMMER: Gloria Allred, let me go to you, because you represent that guy. Knowing what you know, were you, number one, surprised that this decision came so suddenly today? And how much do you think that his public claims played into all of this?

GLORIA ALLRED, ATTORNEY: Well, I think my client, Tony Baretto`s claims, in his declaration, and then last week on the talk shows were very, very important, because, obviously, the judge listened to his declaration, or that is, received it into evidence, and then based on that, decided that she should have the drug testing, and that the test results had to be provided to the court, and that she could not use controlled substances or alcohol within 12 hours of having the children or while she had the children. So I think his part is very, very significant.

And last week, too, I went on television and said that I felt that the judge`s decision to allow her to continue to have 50-50 custody of the children was inconsistent with his finding that she was a habitual and frequent and continuous user of alcohol and controlled substances, because I was concerned about the risk of harm to the children, potential risk of harm. So I`m glad that the judge has finally decided -- or, rather, the commissioner has decided to remove custody from her.

I hope it`s just until she can demonstrate to the court that she is no longer a user of alcohol and controlled substances and that she will not engage in any behavior that could pose a potential risk of harm to the children.

HAMMER: Yes. We all know, Gloria, you in particular, sometimes it just takes a little longer for the system to catch up with what, in fact, should be being done. I want to go back to something Pat Lalama was talking about a bit earlier, because all Britney had to do was stay clean and stay out of trouble for 30 days. That`s it, 30 days. Instead, we saw her out, in fact, partying the very night that she got the order to do the random drug testing. We see her driving when she doesn`t even have a license. And I want to show you some photos that we got from TMZ.com showing her out this weekend, driving with her kids in tow.

Pat Lalama, back to what you were saying earlier. It really seems that maybe she just doesn`t want the kids anymore. She certainly was acting that way.

LALAMA: It`s the first thing that came to my mind. Not that she doesn`t love her children. But, listen, A.J., her behavior has been so erratic, I don`t know whether she has drug problems. I don`t know whether she has mental problems. But instead of being able to say -- maybe it was just hard for her to accept and go to someone and say I can`t handle these kids. Perhaps she thought there would be so much repercussion from saying that she subconsciously created this environment.

A.J., she`s under the spotlight 24-7. She knows that everything she`s doing is being watched. Are you telling me she didn`t know for sure that this was a slam dunk for Commissioner Gordon to take them away?

ALLRED: Well, Pat, the court -- no, we don`t have to wonder whether she has issues involving drugs or not, because the court has found and has put in a court considerate order that she is, and that`s present tense, a user. You know, frankly, my experience, 31 years of practicing family law, you know, if a person were not a celebrity, ordinarily if a court found that that person, that parent, was a user, those children would be removed from their care and custody.

HAMMER: Ken Baker, what do you think about the idea that perhaps Britney couldn`t handle the kids and wanted to just let it go?

BAKER: Well, I think there is an element of, you know, the criminal who wants to get caught, so they keep committing the crime. I do honestly think there is an element there. But sources also tell us something very grim, guys. They have always said if she lost custody of the kids, they would worry about her well being. They would very much be concerned, because Britney Spears is someone who has isolated herself. She doesn`t talk to her mom. She doesn`t talk to her father. She doesn`t talk to her sister. She`s fired bodyguards. She`s fired nannies. She`s fired everyone around her life.

Britney Spears could very easily find herself alone, and there`s a lot of people right now that are concerned about not only the children`s state, but Britney`s state of mind right now.

HAMMER: That is something we`re going to be investigating in our SHOWBIZ special report at the bottom of the hour, because I think a lot of people are concerned about what kind of action Britney might take. Obviously she`s already in a very, very fragile situation.

One of the others things that Britney`s former bodyguard, Tony Barretto, told "LARRY KING LIVE" was that he actually saw Britney using drugs. I want you to watch this.

(BEGIN VIDEO CLIP)

BARRETTO: The behavior that she displayed during these times, it was clear that she was under the influence to me, paralleled other behavior that she displayed at home. That`s what led me to believe that she was using narcotics at home, though I never seen her use narcotics in front of the children.

POTTS: But did you ever see her use drugs personally?

BARRETTO: I have.

POTTS: How many times?

BARRETTO: Twice. Two occasions.

(END VIDEO CLIP)

HAMMER: So, Gloria, today`s decision, as sudden as it was -- again, we can`t know for sure, at this point, but it could certainly be that Britney did flunk one of those random drug tests that the court ordered her to take.

ALLRED: It`s very possible because, as I said, the results had to be provided to the court. But let me just clarify Tony`s position too, because my client, although he has not seen her use drugs in front of the children, always made clear that he had seen her under the influence in the presence of the children. So that`s a very important distinction. Again, we don`t know why the commissioner decided to change his order, but I`m glad that he did, and now I think it`s consistent with his finding.

HAMMER: It`s amazing, too. This entire Britney, Kevin Federline kids saga -- we keep coming back to the notion that who would have thought months ago that Kevin Federline would have come out on top at all, either how he looks or actually getting the kids. And that`s certainly something we`ve debated right here on SHOWBIZ TONIGHT. Now, Federline`s attorney has insisted all along that K-Fed is not in this for the money.

However, Britney is going to have to pay him a lot to take care of these kids. We don`t know how long she has -- he has the kids for right now. Pat Lalama, even if he isn`t in this for the money, he is going to get a whole lot of money, isn`t he?

LALAMA: You want to know something? I was just looking at the minute order here, and I notice that the respondent, that being Mr. Federline, has asked for an ex parte or emergency hearing for Wednesday at 1:30. He gets the kids at noon, and there`s a hearing. We don`t know what it`s about and it will be behind closed doors at 1:30. I`m just wondering -- and this is totally off the top of my head -- now that I`ve got these kids for a while, I need some cash? It`s just going to be interesting to find out what he looks for on that date where.

ALLRED: I can respond to that because, A.J., because, of course, now that he has custody, primary custody, maybe total custody -- probably primary. She`ll probably have visitation. He will certainly be entitled to child support. And with 50-50, now if it goes to 70-30 or if it goes to 90 percent or 100 percent, he is certainly going to be entitled to an increase in child support.

HAMMER: Yes. When the mother is earning approximately 700,000 dollars a month, that is likely to be a large number. Thanks very much, Ken Baker, Pat Lalama, Gloria Allred.

We are just getting started on the Britney bombshell. What will losing custody of her kids do to her career and to her life? Should we be worried at this point that Britney may do something drastic or desperate? There`s so much to talk about, and our coverage continues. That`s coming up at 30 minutes past the hour.

Also tonight, the shocking death of the so-called Sultan of Sleaze. What really killed the man accused of trying to extort a million bucks from Tom Cruise and selling naked pictures of Paris Hilton, not to mention Screech`s sex tape? That`s coming up. We`ll also have this.

(BEGIN VIDEO CLIP)

BARD PITT, ACTOR: A lot of the attraction before I came out was the fame.

(END VIDEO CLIP)

HAMMER: Is that Brad Pitt? Yes, it is. It`s a SHOWBIZ TONIGHT exclusive. One of Brad Pitt`s first TV interviews. Wait until you hear his thoughts on fame before he got really, really famous. Brad Pitt, the lost interview coming up on SHOWBIZ TONIGHT.

(COMMERCIAL BREAK)

HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York. Tonight, the shocking and mysterious death of the man who allegedly tried to extort a million dollars from Tom Cruise, and peddled sex photos of Paris Hilton and a whole lot more. This guy was known as the Sultan of Sleaze, and tonight SHOWBIZ TONIGHT can tell you that his sudden death is sending shock waves throughout Hollywood.

In life, he sold the most intimate secrets of the stars, and in death he may be taking some of those secrets to his grave.

(BEGIN VIDEOTAPE)

HAMMER (voice-over): He was the sultan of sleaze. Some of the ickiest, most raw, and most embarrassing celebrity images around have the name of one man attached to them, David Hahn Schmidt (ph).

UNIDENTIFIED MALE: He liked working in the gutter.

HAMMER: He peeved Paris by peddling secret party videos. He caught Collin in a sexy on camera romp. He ticked off Tom in an alleged extortion plot.

DAVID HANS SCHMIDT, "SULTAN OF SLEAZE": This is a cash cow like has never been unveiled before in the world of scandal.

HAMMER: As David Hahn Schmidt often told me here on SHOWBIZ TONIGHT, he was proud of his infamy.

SCHMIDT: If the "L.A. Times" is going to keep dubbing me as the Sultan of Sleaze, I`m going to start looking like him.

HAMMER: After facing possible prison time for an alleged extortion plot against Tom Cruise, David Schmidt is now dead, found in his Arizona home. It`s being called an apparent suicide.

WILLIAM BASTONE, EDITOR, THE SMOKING GUN: He was having a very difficult time making ends meted.

HAMMER: SHOWBIZ TONIGHT brings you the details of Schmidt`s controversial life, and asks was he done in by his life in the under belly of Hollywood? David Hahn Schmidt made a name for himself by digging up embarrassing, scandalous, and just plain shocking videos of Hollywood`s rich and powerful, and then selling them to the highest bidder.

One of his first big scores was a sex tape featuring disgraced skating star Tonya Harding.

And when both stars of the movie "Miami Vice" were caught getting down on camera, Schmidt was right in the middle. Collin Ferrell went to court to stop Schmidt from making a deal on this sex tape. And explicit photos of Jamie Foxx that allegedly were found in a dumpster also found themselves in Schmidt`s business plan. Schmidt tried to peddle this home video of Paris Hilton using racist and homophobic language, in addition to other personal items acquired from Paris Hilton`s old storage space.

He couldn`t help but brag to me about it here on SHOWBIZ TONIGHT.

SCHMIDT: Very personal diaries, artifacts, heirlooms, sex toys. There is clothing, furniture.

HAMMER: When a sex tape starring Dustin Diamond, AKA Screech from "Saved By the Bell" surfaced, both Screech and Schmidt came to SHOWBIZ TONIGHT for their face-off.

DUSTIN DIAMOND, SCREECH: I`m going to see to it that you are shut down.

SCHMIDT: Screech, brother. Bring it on, dog.

HAMMER: But the wedding of Tom Cruise and Katie Holmes was the beginning of the end for Schmidt.

UNIDENTIFIED MALE: He kept telling me I`m working on the biggest deal of my career.

HAMMER: Schmidt thought that the Cruise-Holmes wedding would give him the biggest score of his career.

UNIDENTIFIED MALE: David Hahn Schmidt came into possession of CDs containing 7,600 images that were taken by the wedding photographers at the Cruise-Holmes wedding in Italy. David Hahn Schmidt did what David Hahn Schmidt often does, in that the first thing he attempted to do was he attempted to contact representatives of Tom Cruise.

HAMMER: Cruise contacted the FBI, and Schmidt was arrested earlier this summer. He pleaded guilty to attempted extortion and faced prison time.

GEORGE RUSH, "NEW YORK DAILY NEWS": As soon as he was arrested, he said to me I can`t -- I don`t think I can go back.

HAMMER: "New York Daily News" columnist George Rush spoke frequently with Schmidt in his final days. He says Schmidt, an ex-con, was despondent and talked of suicide.

RUSH: The prospect of going in again really scared him, and I think he -- that`s when he first started saying, you know, basically they`re not going to take me alive.

HAMMER: They didn`t, and now a life that some called sleazy has ended in a way we can all call tragic.

RUSH: Yes, he was the Sultan of Sleaze, but the tragedy is that there`s a guy, a human, who was in such a state that he thought that that was the only way out of his predicament.

(END VIDEOTAPE)

HAMMER: Well, at the time of his death, Schmidt was free on 100,000 dollars bond in the Cruise case, and he faced up to two years in a federal prison if he was convicted. Meanwhile, there is now an official cause of death in the case. An Arizona medical examiner has ruled his death a suicide by hanging.

Well, Britney Spears loses the kids. A shocking decision by a judge today. What will losing custody of her kids do to Britney`s career and to her life? Should we be worried that Britney will do something drastic and desperate? We have so much to talk about, and our coverage continues coming up at 30 minutes past the hour.

And Paris Hilton in the hot seat. It could be the worst decision that Paris ever made. Coming up, how Paris got completely embarrassed on national television. We`ll have this as well.

(BEGIN VIDEO CLIP)

PITT: A lot of the attraction before it came out was the fame.

(END VIDEO CLIP)

HAMMER: Look at what we found. It is a SHOWBIZ TONIGHT exclusive. You are not going to want to miss this. One of Brad Pitt`s first TV interviews ever. Wait until you hear his thoughts on fame before he got really, really famous. Brad Pitt, the lost interview coming up next.

(COMMERCIAL BREAK)

HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer. Tonight an exclusive SHOWBIZ TONIGHT has uncovered Brad Pitt, the lost interview. This is fantastic. Way back when, in 1988, Brad had just arrived in Hollywood from Missouri, and one of his first TV interviews was with the show that came before our show, CNN`s "SHOWBIZ TODAY." Well, we have unearthed that interview, and it is truly wild to see how much Brad has changed over the years.

Take a look at a very young Brad Pitt talking about landing a recurring role on "Dallas" shortly after coming to Hollywood.

(BEGIN VIDEO CLIP)

PITT: A lot of the attraction before I came out was the fame, the lifestyle. And what really counts are, you know, the people you care for and now my motivation is more like I want to be good.

(END VIDEO CLIP)

HAMMER: Just the beginning. We are cracking open the time capsule even more tomorrow, so be sure to tune in tomorrow for our SHOWBIZ TONIGHT exclusive, Brad Pitt, the lost interview.

Well, a bombshell tonight for Britney Spears. Britney loses the kids. K-Fed is getting custody. A shocking decision by a judge, but what now? Our coverage continues coming up next. We want to know what will losing custody of her kids do to Britney`s career, to her life, to her kids` lives?

What, if anything, can she do to get them back? Should we be worried that Britney will do something drastic and desperate? Stay right where you are, because we`re going to stay right here with all the late-breaking developments coming up next.

And Paris Hilton in the hot seat. It could be the worst decision that Paris ever made. Coming up, how Paris got completely embarrassed on national television.

(NEWS BREAK)

(COMMERCIAL BREAK)

HAMMER: On SHOWBIZ TONIGHT, a Britney Spears custody shocker. Tonight, Britney loses custody of her kids. The judge orders Britney`s kids be taken away from her and given to Kevin Federline. So what does this mean for Britney`s career? Will she ever get her kids back? Or will she have to do something dramatic like go back into rehab? Tonight, SHOWBIZ TONIGHT is all over the late-breaking details of Britney`s custody bombshell.

Welcome back to SHOWBIZ TONIGHT for Monday night. It`s 30 minutes past the hour.

I`m A.J. Hammer broadcasting tonight and every night from New York City. And right now the latest late-breaking and shocking developments tonight in the Britney Spears custody battle. Late today a Los Angeles judge decided Britney Spears will lose custody of her kids to ex-husband Kevin Federline. Can she get them back? Will she have to go into rehab? And is this another nail in the coffin of her career?

We have so much to talk about tonight, and we have a truly fired up coast-to-coast panel ready to have it. Joining me tonight, Ken Baker, from Hollywood, USmagazine.com; also tonight, in Los Angeles, attorney Gloria Allred, who represents Britney`s former bodyguard, Tony Barretto; and also in Hollywood Kim Serafin, senior editor of "In Touch" weekly, and in Hollywood, investigative journalist Pat Lalama, and joining us right here in New York, Doctor Robi Ludwig, psychotherapist and host of GSN`s "Without Prejudice."

Panel, I know you are fired up. This came as a shock to us today. And all of it after a judge ordered Britney to undergo that drug and alcohol testing, it comes after she was charged in a hit-and-run accident, after she was still out partying, and that was just in the last week.

Pat Lalama, why don`t you fire us up. Should we even be at all surprised at today`s decision?

PAT LALAMA, INVESTIGATIVE REPORTER: I think it`s always surprising when children are taken away from their mothers. I mean, it`s a hard thing to reconcile, but she has clearly defied the court order, has not cared about all the concerns that have been expressed by other people. I still insist she`s screaming for help. I think she`s saying to the world I can`t take care of this. And I think she can save herself. It`s up to her. She can definitely get her kids back, and now is the time. It`s do or die for Britney Spears.

HAMMER: You say, you know, it`s always surprising when kids are taken away from a parent. Yeah, I can buy that, but with Britney -- and Ken Baker, why don`t you chime in on this? This roller coaster really has only been going in one direction lately.

KEN BAKER, USMAGAZINE.COM: Yeah. Well, you said can`t she have a career? Folks, this is her career. She gets in trouble. The court goes down on her and says, look, we`re taking away your kids. She becomes a spectacle. The paparazzi follow her into bathrooms upon her invitation. This just happened a couple of days ago. This is her career.

She has an album dropping from Jive Records in a couple of weeks. Are we talking about it? Well, I just did. But, you know what, no one cares. Britney`s career, essentially, is this. It exists to investigate and talk about her personal life. And that is a big problem because, guess what, no one is generating any money in the Britney Spears camp by all of this drama.

HAMMER: Yeah, and it certainly is not by her intention or delight that any of that is happening. Gloria Allred, let me go to you, because it was your client, Britney`s former bodyguard, Tony Barretto, who made those shocking claims last week about Britney`s behavior. So I`m guessing you`re not surprised by today`s decision.

GLORIA ALLRED, CELEBRITY ATTORNEY: No, I`m not. By the way, we were able to go into a great deal of detail in last week`s interviews, but because Britney`s attorneys declined call our client to the witness stand to cross-examine him -- possibly fearing what he might say if he were able to go into detail on the witness stand -- because the court didn`t hear it from the witness stand. It may be that the court heard it on television last week. I don`t know. Certainly the court did have Tony`s declaration.

So, all I can say is I`m really happy about this because I think it`s in the best interest of the children. I`m sad for Britney, because Britney obviously loves her children. Tony wants the children to have their mother, but she has to clean up herself. She needs to get the help that she needs. And then hopefully she can have her children back. There`s going to be a sympathy factor for Britney, I`m sure, in all of this. But she is really going to have to do some hard work in order to get her children back.

HAMMER: Let`s talk about that sympathy factor or just the state of Britney at the moment because, you know, we`ve been saying all along since K-Fed and Britney have been going at it that, yeah, we have to remember you have two young kids in the middle of this. You have a two- and one-year-old boy, and they have to be prepared to say good-bye to their mother on Wednesday, as the judge has ordered the kids be handed over to Kevin Federline.

Dr. Robi Ludwig, help us understand how not only this could be so traumatic for these kids, but, obviously, for Britney it has to be devastating.

ROBI LUDWIG, PSCHOTHERAPIST: I`m sure it`s awful. When you have a child, when you have children, you want to be considered a good mother. If you are not considered a good mother, it`s almost like nothing else matters. But clearly Britney probably had children before she was really ready when she was a child herself emotionally. And so having children doesn`t make you automatically a good mother.

There is this myth in our society that when you have kids, then you can be a mother. What we`re seeing here is, no, that`s not the case. And just because you are a woman, you are a mother, you`re a celebrity, doesn`t mean you`re capable of doing the job.

HAMMER: Yeah. In fact, the way life is heightened by being under the spotlight all the time, really can only make it worse, especially when you are in as fragile a situation as Britney Spears. We`re not going to know until at least Wednesday when Britney hands over the kids how long this will last. We may not even find out then.

Kim Sarafin, let me go to you. What do you think Britney is going to have to do? Make some kind of dramatic statement like go to rehab in order to possibly get her kids back in the future?

KIM SERAFIN, "IN TOUCH WEEKLY": Well, yeah. There are a lot of things she has to do just to repair her public image as well. Obviously, her kids are the first and foremost thing. But, you know, you look at some of the other celebrities that have been in trouble in the past, in the news lately, and certainly nothing as dramatic as losing their kids. With Lindsay Lohan or Paris Hilton neither of them have children. Both of them seem to have taken advice from the people around them.

You know, Ken pointed out earlier in the show that Britney doesn`t have a lot of people around her anymore. She`s estranged from her family. She`s estranged from her long-time manager, Larry Rudolph (ph), her old assistant, Felicia. So a lot of people around her are not there, the people that knew her the best. She doesn`t seem to be taking any advice on her career, or on her personal life.

You know, everyone saw that VMA, the disastrous VMA performance. Clearly she wasn`t listening to people about that. I think what she needs to do, first of all, yes, is go into rehab. That seems to help people. Even just for their public image, even to help them with the courts. But she needs to get her life back in control. And then she needs to start taking advice. She needs to get a really good crisis communications person around her and really listen to what that person is saying. Because as we talked about earlier on the show, when this order came down after they said she was a habitual drug user or habitual user of controlled substances, she was seen out, I think you`re showing this footage right now -- she was seen out partying that night, that very night.

If somebody was around her that cared about her, somebody that was around her that she was paying to tell her -- don`t do this, you need to kind of get your life in order. And she just doesn`t seem to be doing that time after time.

HAMMER: Yeah, but even if she had those people, though, she hasn`t been listening even when she did have the people.

SERAFIN: Right.

HAMMER: Pat Lalama, what do you think? Because in your distinguished career, out there in Hollywood, you certainly have seen celebrities not only try to rehabilitate their image, but rehabilitate their lives so they can get things back together. And in Britney`s case, what do you think? Will rehab going to be the trick?

LALAMA: They even have companies. Michael Sitrick (ph) & Company, is a big organization out there that does just that. Helps repair people, celebrities who have been in trouble. She might call them for starters.

But you know what, A.J., yes, rehab is important, but the problem is so many celebrities use that as their little Band-Aid. Oh, this is going to make me look good if I go to rehab. She`s got to believe that she needs help. This is what concerns me. I don`t think she has a clue. I read in "The Chicago Sun-Times" today that she allegedly, according to this media critic, calls up the hotels in L.A. to find out -- some of the big hotels - - to find out where the press junkets are going on, and then she goes there to get the cameras on her.

HAMMER: Wow.

LALAMA: This is -- what I`m saying is that this woman is completely dysfunctional and erratic in her behavior. Her priorities are all wrong. She needs to start believing that she`s got to get help, and I don`t see that.

UNIDENTIFIED FEMALE: That`s a good point.

HAMMER: Yeah, and all of this -- we`re going to take a break right here. But all of this really has us wondering about Britney`s mental state. Could this whole thing, her kids being taken away from her, just put her over the edge? A lot more to discuss, so panel people don`t go anywhere. Serious questions about Britney Spears. Should we actually be worried about her at this point? It`s like she`s totally alone now. She`s lost her marriage, her kids. We were just talking about, most of her staff. The career, if there is even one anymore. It`s hanging on by a thread. So coming up next, we`re going to cover this Britney custody shocker, like no other entertainment news show.

And Britney`s sometimes partying pal Paris Hilton gets grilled. Coming up, you`re not going to believe what one talk show host did while he was interviewing Paris about her jail time. Paris was definitely burning. Stick around. That amazing video is coming up.

(COMMERCIAL BREAK)

HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York.

Now our continuing coverage of the late-breaking and shocking developments tonight in the Britney Spears custody battle. A Los Angeles judge has decided Britney Spears will lose custody of her kids to ex- husband Kevin Federline. Let us get right back it our coast-to-coast panel.

All right, gang, so Wednesday is the day. Britney has to hand over her kids to ex-husband Kevin Federline, who, of course, is their father. Given how fragile Britney has been, Doctor Robi Ludwig, this is something I have been concerned with ever since this news broke today. Because here we have a woman whose erratic behavior has been going on for, I don`t know, it feels like at least a year now. She`s been ordered by a court to undergo drug testing. Should we be worried about her right now?

LUDWIG: I think there`s a lot of reason to be concerned about her, and I wonder if that is, in part, why the judge made the decision that he made. That she could be a danger to herself and perhaps other people. She`s isolated. If she`s boozing and drugging and drinking, she`s probably depressed. She`s clearly out of control. She`s really in a rebellious state of mind, which is a self-destructive state of mind. And so I do think that people should be concerned about her.

HAMMER: Pat Lalama, I was walking around the SHOWBIZ newsroom late this afternoon, after the news broke, and somebody said that the term "suicide watch". Is that something we should be thinking about here?

LALAMA: Well, I`m reluctant to say that, I don`t have any proof that she`s that bad off, but her behavior is really at the bottom, A.J. And I have been concerned about it for a long time. You know, a lot of us have issues. We all go through ups and downs, but the fact that she`s willing to behave like this in the presence of the media, she`s willing to take the repercussions of this -- such strange behavior, tells me she is off her rocker to some huge degree.

HAMMER: And something we`ve been talking about is the fact that Britney has basically lost just about everyone around her. Think about it, she`s been feuding with her mom. She`s divorced from her husband. Her lawyers quit on her. Her latest manager quit as well.

LALAMA: Her manager, yeah.

HAMMER: Now she`s going to lose the kids. Ken Baker, let me go to you on this one, because I have no idea who she has left. Who does Britney have to lean on or to go to at this point?

BAKER: You know, she really doesn`t. There have been some friends that have come in and out of her life, but they`re mostly out. She does not have them. What she needs is rehab. And I mean that in every sense of the word. She needs to rehab her career. She needs to rehab her personal life, and her personal health, and she has to rehab this legal situation.

Guys, don`t forget, just last week two misdemeanor charges were filed against her that could come with jail time. And now they`re taking away her kids. Rehab, Britney. That`s what she needs right now.

HAMMER: Gloria, well, you represent the bodyguard whose claims about Britney`s behavior may certainly have contributed to what has taken place today, do you feel a little bit sorry for Britney?

ALLRED: Well, certainly Tony played an extremely important, a key role in all of this. And I give him credit because I think this is very important for the children. Do I feel sympathy for Britney? Absolutely. As a mother myself, as a grandmother, I feel tremendous sympathy for her.

But the most important thing, A.J., is the protection of the children. Guess what, this court order is the shock treatment that I think that she needs to understand that she now has a real incentive. And I said it last week, I wish he had done it earlier, the court. But I`m glad the court is doing it now. That now she understands what`s truly at stake if she wants her children back, she`s going to have to get the rehab. She`s going to have to get the help that she needs.

So, you know, I don`t agree that, you know, with the terms she`s off her rocker or anything else. I don`t have a psychological degree. I`m not going to say what her psychological state is, but if it`s true that the court, as the court found that, she`s under controlled substances and alcohol, then she`s acting in a way that she probably wouldn`t act if she were not under their influence. And so she`s got to clean herself up, get rid of those substances, and then learn how to be a parent.

HAMMER: Kim Serafin, I only have about 10 seconds for your reaction, and this is just something popping in my head. Should we be worried about any desperate thing she may do with the kids before Wednesday? We`ve heard of this before in these situations.

SERAFIN: You know, I have no knowledge about that, but certainly I hope Gloria is right. And I think we all hope that maybe this is finally that fire that`s going to make her get herself under control. We thought that was going to happen a week and a half ago. We thought that was going to happen with hit-and-run.

HAMMER: This has to be it.

SERAFIN: Hopefully this is it. Yeah.

HAMMER: Gloria Allred, Pat Lalama, Ken Baker, Kim Serafin, Robi Ludwig, our coast-to-coast panel, thank you very much for being with us tonight.

Now, on Friday we asked you to vote on our SHOWBIZ TONIGHT "Question of the Day". Britney Spears, is fame to blame for her problems? Pretty evenly split; looking at this, 49 percent of you saying yes, 51 percent, no. Here are some of the emails we got.

Agnes from Texas writes, "When you grow up in the spotlight, you aren`t sure how to do without it. A person can only take so much before they crack."

Julie from Iowa thinks fame isn`t the problem, writing, "That, in my opinion, is a lame excuse. Her problems stem from out of control addiction, thinking she is above the law."

So, you know how the Iranian president was just in New York. You probably heard about his controversial speech at Columbia University. This, shall I say, awful leader pretty much continued to deny the Holocaust, called for Israel to be wiped off the map, and at one point basically looked foolish denying the existence of gays in his country. So, Andy Samberg, who just won an Emmy with Justin Timberlake for their spoof song, "Junk In A Box" made him look silly by serenading him with another hysterical song called "Iran So Far."

(BEGIN MUSIC VIDEO)

ANDY SAMBERG, SINGER (singing): They say true love only comes once in a lifetime. And even though we`re from opposite ends of the Earth, my heart tells me you`re the one me. Mahmoud, I remember when it started, saw you on the news. You were hating gays, I was eating food. I was feeling you. Even though I disagree with almost everything you said, you ain`t wrong to me, so strong to me, you belong to me like a very hairy Jake Gyllenhaal to me.

Mahmoud make my heart beat right out of my chest, my mind says no, but my body says yes. You ain`t no threat, the only threat I see is you not coming home with me. Our love for each other is like atoms collide -- can`t express how I feel, hey, yo, Adam, let`s ride.

ADAM LEVINE: Iran, you`re so far away. It`s your home, but in my heart you`ll stay.

SAMBERG: He ran for the president to Iran, we ran together to a tropical island My man, Mahmoud is known for violence, smiling. If he can still do it, then I can. They call you weasel, they say your methods are medieval, you complain to Jews. I can be your Jim Kavesell. (UNINTELLIGIBLE) When we`re wrestling, you could be the port that I park my vessel in, so I try (UNINTELLIGIBLE) the TV, you can still see me with your swinging brown eyes, butter pecan thighs, and your hairy butt, yeah.

LEVINE: And Iran, Iran so far away, come home and in my arms you`ll stay. I used to look at the stars and dream, now the world seems (UNINTELLIGIBLE) And the twinkle in your eyes, Mahmoud.

SAMBERG: Talk smooth to me, with that tie, your pants high-wasted pants, so fly, we could take a trip to the animal zoo and laugh at all the funny things that animals do. Like you came, you got me straight tripping boo, I`ll be looking into your eyes and say I`m trippin` too.

Say you (UNINTELLIGIBLE) but they already do. You should know by now it`s you --

LEVINE: And Iran, Iran so far away from home, but in my heart you`ll stay.

You`re crazy for this world, Mahmoud, you can deny the Holocaust all you want, but you can`t deny there`s something between us. I know you say there`s no gays in Iran, but you`re in New York now, baby. It`s time to stop hiding and start living.

(END MUSIC VIDEO)

HAMMER: It`s pretty funny. And, by the way, SNL`s Fred Armisen doing a pretty good Iranian president impersonation. Maroon 5`s Adam Levine singing the chorus, even a cameo in that by Jake Gyllenhaal.

Well, Paris may not be as hated as the Iranian president, but there are plenty of people out there who certainly despise her. You`ll not believe what happened when one talk show host took on Paris about her jail time. Yeah, Paris was burning. I`ll tell you I don`t feel very sorry for her, though. The amazing video coming up next on SHOWBIZ TONIGHT.

(COMMERCIAL BREAK)

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

Well, talk about awkward. Paris Hilton stopped by "The Late Show With David Letterman" on Friday. And, boy, did he let her have it. They had a nice warm chit chat to warm things up, but then things got fired up as Dave ditched the soft stuff for a long set of probing questions about Paris`s time in jail.

Dave asked her about the jail food, whether she learned anything from her time behind bars, and then things got really ugly. Take a look at Paris squirm.

(BEGIN VIDEOTAPE)

PARIS HILTON: Uh, I`m going on to the next question.

DAVID LETTERMAN: OK.

HILTON: I`m over it.

LETTERMAN: Yeah. But, um, I would -- because

(APPLAUSE)

LETTERMAN: Because, in all seriousness, now, this could be your legacy. This as a contribution, to the young people of this country.

UNIDENTIFIED MALE: I love you, Paris?

HILTON: Love you, too.

LETERMAN: Somebody you met in prison?

(APPLAUSE)

LETTERMAN: Because --

HILTON: There are other things to talk about, Dave.

LETTERMAN: No, we really shouldn`t -- I --

HILTON: I didn`t come here to talk about this. That was, like, a long time ago.

LETTERMAN: Well, I haven`t seen you, because you know what happened, the week that you were supposed to be on the show, you had to go away. So now I haven`t seen you since.

HILTON: Now you are making me sad that I came because you are hurting my feelings.

LETTERMAN: Are you really sad? No.

Are you feeling better now?

HILTON: If you stop talking about it, yes.

LETTERMAN: I`ll buy you a parakeet.

(END VIDEO CLIP)

HAMMER: And he kept going. Listen, when you are a $30 million a year late night host, you get to ask whatever you darn well please. And I definitely don`t feel sorry for Paris one bit. And, Paris, by the way, please quit it with that baby voice and the pouting. You`re a grown-up. Please act like it. And then maybe people will start to respect you.

All right, here`s our SHOWBIZ TONIGHT question of the day. Chime in on this. Britney Spears, did she deserve to lose her kids? You can vote at cnm.com/showbiz tonight. Write to us at showbiz tonight@cnn.com. Your e- mails tomorrow. That is it for SHOWBIZ TONIGHT. I`m A.J. Hammer in New York.

"Glenn Beck" coming up next after the latest from CNN "Headline News." Have a good night.

END