This is a rush transcript from "On the Record ," October 1, 2007. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, HOST: Britney Spears's former bodyguard, Tony Barretto, joins us. And because of his job, Tony was on the inside and got a good look at the home scene. Barretto and his attorney, Gloria Allred, join us. Welcome to both of you. Tony, how long and how well did you know both Kevin Federline and Britney Spears?
TONY BARRETTO, FORMER SPEARS BODYGUARD: I got to know Britney pretty good. You know, I worked with her for a few months and was at her home, you know, every day for weeks. I never met Kevin. I don't know Kevin at all.
VAN SUSTEREN: Never met him. All right. Gloria, as part of this custody battle that's been going on, your client filed what's called a declaration, is that right?
GLORIA ALLRED, BARRETTO'S ATTORNEY: That's correct, Greta. He filed a declaration under penalty of perjury. It was received in evidence. The court then issued an order based on the evidence. And by the way, he was the only evidence post-rehabilitation of Britney, and so that's why he was a key witness.
The — Britney Spears's attorneys had an opportunity to call him to the witness stand, to cross-examine him to try to challenge his declaration, to try to undermine or discredit it. They did not do so. And I have to believe they didn't because they thought doing so may have been more hurtful than helpful to their client.
VAN SUSTEREN: Tony, in your observation — I take it you have seen Britney with her children, have you, Tony?
BARRETTO: Yes. Absolutely.
VAN SUSTEREN: Does she love her kids?
BARRETTO: Absolutely. I mean, that's very clear. And I have never wanted to come out and say otherwise. I mean, she definitely loves her kids. And unfortunately, she has issues that she has to deal with, and I think that, hopefully, she will at some point grasp this reality and start to work on, you know, her issues so that she can be reunited with her children.
VAN SUSTEREN: I want to ask you in a second about the issues, but I'm curious if you've never met Kevin Federline, you don't know how he is with the children. I mean, that makes sense. You have no idea on that one.
BARRETTO: I have no idea.
VAN SUSTEREN: In terms of her so-called "issues," are you talking about alcohol and drugs?
BARRETTO: I'm talking about all the issues, including those two.
VAN SUSTEREN: All right. Now, did you ever see her use alcohol and drugs around her children?
BARRETTO: I have seen her consume alcohol. I have served her personally. I have never seen her use substances around her children. However, she did act and display the same behavior that I have seen previously when she was under the influence of a substance.
VAN SUSTEREN: All right. But at least we've narrowed it down to seen her with alcohol around her kids, never drugs around the kids, right?
BARRETTO: I have seen her with alcohol. I've seen her with alcohol. I've never with drugs.
VAN SUSTEREN: All right. In terms of alcohol, would that be in the evening or morning, in the afternoon? Give me a description of the alcohol use.
BARRETTO: Well, Ms. Spears is a late riser. She's — morning's a non-issue. Typically, it would be in the afternoon or evening.
VAN SUSTEREN: When you say you served her alcohol, what was her — what was her favorite drink? what did she drink usually?
BARRETTO: Jack Daniel's with Coke.
VAN SUSTEREN: How much did she — what time did she start drinking?
BARRETTO: Well, she — you know, this wasn't a behavior that she did regularly. You asked if I had ever seen her, and I have seen her on occasions.
VAN SUSTEREN: OK. And you worked for her two months, you said, is that right?
BARRETTO: Approximately. Correct.
VAN SUSTEREN: What were those two months?
BARRETTO: March 26 through May 17 of this year.
VAN SUSTEREN: OK. So in terms of all this custody battle stuff that's been going on, you have no information about Britney beginning May 18 to the present day?
BARRETTO: That's correct.
ALLRED: Greta, if I may add, the court, based on the evidence — and this is what the court said in its prior court order — it said, based on the evidence, the court finds that she is a habitual, frequent and continuous user...
VAN SUSTEREN: Well, wouldn't that...
ALLRED: ... of controlled substances and alcohol.
VAN SUSTEREN: Gloria, based on what? It certainly can't be based on your client because his experience with her was March until May 17. And he's actually quite specific about that. As well as actually sort of a limited amount of alcohol. It wasn't every day, he said. I mean, you're sitting next to him. I'm hearing it remote through the earpiece. You're even closer than I am. Did you hear anything differently?
ALLRED: Greta, what I'm trying to say is that he presented the only declaration about Britney post-rehabilitation, and he was the only witness at the courthouse prepared to take the witness and be cross-examined by Britney's attorney.
VAN SUSTEREN: Does that mean, Gloria, that the judge was relying on information in awarding something so important as children, going back to information prior to May 18? And we are at October 1. That's when the — I mean, judge has got that stale of information in a custody hearing?
ALLRED: Well, I'm telling you that it was the only declaration that we're aware of post-rehab before the court. And the court said, Based on the evidence, and that was the only evidence that we're aware of...
VAN SUSTEREN: That's pathetic.
ALLRED: ... (INAUDIBLE) the declaration.
VAN SUSTEREN: Gloria? Gloria, that's pathetic when you're talking about children, trying to decide what's in their best interests.
ALLRED: It's not pathetic at all because...
VAN SUSTEREN: We have no...
VAN SUSTEREN: We have no information about Kevin Federline, at least we know of. You say the only thing is an old declaration. We have no idea what is going on in this woman's life or this man's life, post-May 18, if, as you say, that's the only evidence.
ALLRED: Well, I didn't say it was the only evidence, but it was the only declaration. But here's my point. The court in a prior order, which was just about a few weeks ago, said, Based on the evidence, and then found that she is an habitual user, and then, though, kept the custody 50/50. But the court did order drug testing, that she was require to do that twice a week, did order that she not and that also Kevin not be under the influence of a controlled substance or alcohol within 12 hours of having the children, or while she had the children, and did order both of them to go to a parenting coach, which both of them stipulated that they would do. Now there's a new order, as of today, changing custody to Kevin Federline.
VAN SUSTEREN: Why? Why?
VAN SUSTEREN: What's the change, that she didn't go to a parenting coach or she tested dirty on a drug test? What's been the change? Because it certainly isn't based — it couldn't possibly be based on your client, who seems to be a very nice man, sitting next to you. But it certainly — it can't be on that.
ALLRED: Well, of course...
VAN SUSTEREN: And it can't be — and it can't possibly be on this driver's license thing out of Louisiana. I mean, look, the woman should get her — you know, straight on this driver's license business, but it can't possibly be that.
ALLRED: The court in its order today, Greta, does not disclose the reasons that it decided that it should change custody as of Wednesday to Kevin. And also, all documents are sealed in the case. And in addition, the courtroom is closed.
Having said that, I've practiced family law for 31 years, and I can tell you that there must have been some change of circumstances. And likely what happened is that there must probably not have been some compliance by Britney with the court order that mandated what I just indicated to you that the court mandated in this prior order.
So if she didn't comply, for example, with the drug testing or with the parenting coach, or if the drug tests which came to the court were not what they should have been, or in some other way she didn't comply with the court order, then maybe the court decided on that basis to change custody.
VAN SUSTEREN: Well, I do hope that if the court — I do hope that the court — that it was a drug issue or an alcohol issue, so that the court has a good, strong basis for doing it and it's not something like a driver's license or missing a parenting class (INAUDIBLE) because it's so important to these children that they have both their parents. But anyway, Gloria...
ALLRED: Well, I commend the court for doing it...
VAN SUSTEREN: ... know what they did it on! You don't — how can you commend the court when you have no idea what the court did it on?
ALLRED: Well, I'll tell you why, because I criticized the court last week for not changing custody when the court found...
VAN SUSTEREN: Based on what?
ALLRED: ... that she is an habitual user.
VAN SUSTEREN: All right.
ALLRED: The court found she's an habitual user. If it had been a non-celebrity...
VAN SUSTEREN: I got to go.
ALLRED: ... the court would have probably...
VAN SUSTEREN: I got to go. I'm getting yelled at now in my ear. Anyway, Gloria, Tony, thank you both.
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