Blonde Ambition (25 page)

   Asked where they were going to live, he said he was taking it "one day at a time." That this was just "one pit stop." Noticeably gaunt, Larry remarked he'd lost a lot of weight during the ordeal and said he was looking forward to eating "some home cooking." En route to his parents' Louisville home in the SUV, Roxie, the baby's new nanny, sang "Jesus Loves the Little Children." And Dannielynn smiled.

   The following week, Larry Birkhead and Dannielynn made a splashy exclusive cover appearance in
OK! Magazine
. "Larry Birkhead once had a role on the TV soap opera
Pas
sions
," the story began. "The last year of his life has had so much drama and intrigue that if a soap scriptwriter ever put it down on paper, the plot would likely be dismissed as too outlandish." For the privilege of telling the story of this soap opera and photographing "America's baby,"
OK! Magazine
reportedly paid Larry Birkhead more than $1.5 million.

In his lawsuit filed in Los Angeles Superior Court against Debra Opri, Larry Birkhead claims fraud, legal malpractice, and breach of fiduciary duty, among other things. Larry claims that Opri falsely represented herself as a specialist in California family law.

   Larry further alleged that Debra Opri spoke with others about business matters despite his requests otherwise and that she had started a "Save Dannielynn Fund" without his endorsement. Debra Opri, in her response, said that she was shocked to learn of the way he has treated not only her, but the many fans and supporters of his throughout this ordeal. She says that during the time of his litigation and mounting bills, Birkhead suggested to her to set up a legal fund to raise money. "But not too highly publicized so he wouldn't be obvious."

   Her staff was instructed to get the paperwork ready and the publicity was started. The "Dannielynn Legal Fund" raised approximately $732 in donations that were sent in by the public in checks ranging mostly from one to twenty dollars. Opri's response claims that Larry would laugh at the small amounts, stating, "Oh, lookie here . . . a whole dollar." Gifts were also sent, and he'd discard most of them, only taking the things he thought he could use, like photo frames. "Occasionally, a fan would send $50 or more," Opri says, and she told him it was important to send thank you letters and keep a record. He said it wasn't worth his "time or signature" and the task was relegated to her staff.

   Interestingly, Larry Birkhead's malpractice action against Debra Opri was filed by Michael Trope, originally of the Trope and Trope law firm, where Howard K. Stern's friend and secondary executor of Anna's will Ron Rale continues to work. Opri was notified of this action on the first night of June at her residence. Who actually served her the legal papers? None other than John Nazarian, the well-known private investigator Howard K. Stern had sent to Jack Harding's house. Jack Harding, the man Daniel tried to hire to investigate Howard right before Daniel's death.

   According to Opri, Nazarian told her to "be careful, they're out for your license" and that "an attorney's worst enemy is his client." Before he left, Nazarian also told Opri that he "felt bad for her" and wanted her to know that "Birkhead is a sick dude."

   Soon after that, Opri learned that Nazarian made contact with one of her law clerks for the stated purpose of "squeezing him" to "turn on Opri" or "they would come after him and 'get him.'" Those threats were reported to authorities.

   Opri charges that, "Birkhead, under the direction of Howard K. Stern, has filed this lawsuit against Opri for no other reason than to secure the remaining monies in his client trust fund, and not to pay Opri's bill."

   She states bluntly: "All persons are connected in some way to Howard K. Stern and his increasingly growing involvement with and control over Birkhead, guardian of Dannielynn, heir to the Anna Nicole Smith estate, including the Marshall monies."

• • •

Despite the perceived deal, Virgie Arthur hoped she'd still at least be able to see her biological granddaughter when she arrived on U.S. soil. But weeks passed and Virgie Arthur had not been allowed to see Dannielynn. Larry Birkhead was not returning her calls and had not even sent Virgie so much as a photo of the baby, which she repeatedly asked for, so she could simply see what her granddaughter looks like. She had to

settle with seeing the baby's growth, as the rest of the world did, on the front of
OK! Magazine
. Ironically, that was the same distant feeling Larry Birkhead had described to me in our first phone conversation. He told me he could only see his child by watching television.

   Virgie Arthur's team still kept urging Larry Birkhead to put the millions he's receiving through media deals into a trust for the baby, and have an independent company monitor it. "You can live on it," Virgie said. "But don't squander it." After she told Larry that, she says he's only called her once in six weeks to "threaten her that if she doesn't drop the guardianship suit in the Bahamas, then he'll make sure the court fines her and have her pay for his legal fees and flights to and from the Bahamas."

   Then, he told one of her representatives, "I have more money in my bank account than Virgie and her whole families' trailers are worth."

   All that could be said back to Larry was, "What goes around, comes around."

On March 26, 2007, in a press conference broadcast around the world, Seminole Police Chief Charlie Tiger and Broward County Medical Examiner Dr. Joshua Perper announced the results of the investigation into the death of Anna Nicole Smith. "We are convinced based on a thorough review of the evidence," Chief Tiger explained, "that this has been an accidental overdose with no other criminal element present."

   Dr. Perper stepped up to the microphone to say her death was due to "combined drug intoxication" after taking a medley of chloral hydrate and at least eight other prescription drugs.

   Chief Tiger said, "We have reviewed hundreds of hours of videotape captured by the hotel security cameras . . . and we found nothing unusual. We analyzed the contents of the laptop computer belonging to Mr. Stern,
with the approval of his
attorney
, and we found nothing to indicate any foul play."

   But did authorities have all the information they needed when they closed the case?

   From the night before her death to the night after her death, there were numerous calls and frenetic activity that are now confirmed that raise new questions. The facts I have discovered in my investigation show a broad series of inconsistencies— outright untruths and questionable circumstances—which add to the mysterious death of Anna Nicole Smith.

• • •

After her death many ideas and theories have been floated about this story, some of which were pierced with reality, others brought down quickly with legal darts. But according to official documents and records, court transcripts, eyewitness accounts, and the participants' own words, here is the chain of events of what
definitely
happened during the key hours surrounding the death of Broward County Decedent No: 07-0223, Vickie Lynn Marshall.

Howard received a call from Dr. Khris Eroshevich, Anna's psychiatrist and close friend. It was a seven-minute conversation. Dr. Khris left the Florida hotel that day for an evening flight to California.

During the afternoon and evening, Howard called Ron Rale, Anna's attorney and Howard's longtime friend, at least five times. The last call to Rale that night was at 6:38 p.m.

Howard received his final call of the evening on his cell phone from Alex Goen, CEO of Trimspa—a man in the middle of several lawsuits, including two class action suits against his company, both for false advertising. One of the suits named Anna Nicole, TrimSpa's spokesperson as a defendant.

   Her weight loss may have been helped along by a variety of drugs and other products. Remember, when she died authorities noted she had an abscess on her left buttock. The boil had needle track markings and was filled with pus. This shot, Dr. Perper determined, was the genesis of her infection. Dr. Perper, however, never determined who actually gave her the shot. He also could not determine what was in it, as he was told it could have been either human growth hormone, vitamin B12, or immunoglobulin.

Hotel surveillance footage captures a female, later identified as Melodie Delancy, entering Room 609. Room 609 was the adjoining room where Moe was staying over. Moe himself explained to Fox News that "It was an open room, and I knew she [Anna] wasn't feeling well." So, Howard asked Moe if he could stay over, and Moe told him, "Oh, no problem." According to the medical examiner's investigative report, Moe went to sleep in the guest room and "awakened around 4 a.m., at which time he checked the couch in the living room where he had seen her [Anna] when he came into the room. She was no longer there and he assumed she had gone to sleep in her room."

According to initial information obtained from Seminole Police Department detective Marian Bryant, Associate Medical Examiner Dr. Gertrude M. Juste reported in her scene investigation that Anna Nicole had stayed the prior night in suites 607 and 609 with her "significant other" Howard Stern and a friend after arriving from the Bahamas on Monday. "The decedent and Mr. Stern slept in room 607 and the friend (Maurice Brighthaupt, friend and bodyguard) slept in room 609."

   There was no mention of Melodie Delancy's stay. But hotel surveillance cameras caught her leaving Room 609 at 8:03 a.m.

Moe said he went into Anna's room and "thought he saw her moving, but was not certain." He told Howard he was going down to meet his wife, Tas, for breakfast. Howard was now left alone in the suite with Anna.

Howard used his cell phone to check his voicemail.

Howard got a call from King Eric, who told him he was at the airport in Florida ready to be picked up. Seminole Detective Marian Bryant reported that: "At about 11:00 a.m. or 11:15 a.m., Mr. Stern spoke with the decedent [Anna] and informed her he was picking up guests from the airport."

   But in actuality Howard did not go to the airport. He sent Moe.

Howard called Moe who was having breakfast in the hotel with his wife. Tas told private investigators, "Howard wanted to stay with Anna because she was so sick." At 10:46 a.m. and 10:49 a.m., Howard checked his voicemail.

Howard called Ron Rale. It is perhaps interesting to note it was still early in California, 7:53 a.m., where Rale lives.

There are several calls back and forth between Howard, King Eric, and Moe during Moe and Tas's drive to the airport to pick up King Eric, Brigitte, and King Eric's first mate.

   Moe and Tas picked up the group and headed back to the Hard Rock Hotel with the Bahamian guests.

Howard walked down the hall and got in the elevator—leaving Anna in bed and completely alone. When the elevator doors opened in the lobby, Howard was greeted by Moe, Tas, King Eric, Brigitte, and the first mate. The group was just coming in to the hotel and about to head upstairs. According to both Tas and Moe's statements to private investigators, Howard was "acting strange." He was very "fidgety." Howard said rather peculiarly that he had to come to the lobby because his cell phone wasn't working in the room. Then, he turned around quickly and headed back up to the room with the newly arrived visitors.

According to hall video surveillance footage, the party entered room 609 together. Howard walked up to the bedroom door where Anna was "not feeling well" and, according to his visitors shouted, "Anna, we have guests."

   Brigitte said, "Don't wake her up." It also did not go unnoticed that Howard then made three phone calls on his cell phone. The cell phone that five minutes earlier he said wasn't working in the room.

   The first of those calls was made at 11:59 a.m. Howard was calling the hotel liaison—
twice—
as she was almost simultaneously calling him. She would then call him back at 12:02, but he would already be on to his next call.

   The hotel liaison is in charge of assisting V.I.P.s with their needs and helping them resolve any problems that might arise during their stay at the hotel. She was called many times during these critical minutes. She was close to Anna and her team. When Anna was in town for the January boxing match, for example, she bought Anna bras and helped her find a pink pair of boxing gloves.

   Today's needs would be a bit more urgent . . . in fact they would be critical.

Howard called boat broker Mark Dekema, the gentleman who had sold Anna the boat the month before. According to both Dekema and the boat handyman, Howard had a 1 p.m. appointment at the marina, scheduled and confirmed. But when the ten-minute phone call with Dekema ended, Howard immediately announced to his guests that he had to do something between 12 and 1 p.m.

   "It's noon now," King Eric said.

   "Then, he asked me if I could stay," Brigitte remembers. "Because they were 'going to go to the boat.' And I said, 'no problem.'"

   Moe decided he didn't like the idea of Brigitte staying alone with Anna when she was so sick, so he asked Tas if she would mind hanging back too. "Just stay for a little while, baby," he asked. "Do you mind?"