Britney and K-Fed Battle in Court

This is a rush transcript from "On the Record ," October 26, 2007. This copy may not be in its final form and may be updated.

JAMIE COLBY, FOX NEWS HOST: The circus is back in town. Britney Spears back in court today. She actually showed up.

And her ex-husband Kevin Federline was there too. K-Fed at least wore a suit. Brit must have had plans for the evening. Wait until you see what she had on.

She is the mother of two. Britney, what were you wearing? This afternoon both were ordered to court to work out custody arrangement for their sons. Of course, she wants more time.

Ken Baker, Editorial Director for USmagazine.com joins us live from L.A. Ken, she didn't hold back. What did she say to one of the reporters there?

KEN BAKER, USMAGAZINE.COM: Actually, it was a very long custody hearing they had this afternoon, and she took several breaks. She left the courtroom about three times.

And one of the times that she went out, one of our U.S. Weekly reporters went up to her and said, hey, Britney, how is it going in there? And Britney said to her, eat it — and I'm not going to say what else she said, but it ended very profanely.

But the point is she did not have a very good day today. She left the court hearing in tears. She got into her car and sped off, and everyone there said she was very angry, was not happy.

The judge did not make a ruling. What the judge said was that I will weigh all the evidence that I saw today, and either Monday or Tuesday I will give a ruling on the custody.

As it stands right now, Britney does not have custody. She has visitation rights. Kevin Federline has the physical custody of the children. And Britney was ordered to comply with drug and alcohol testing, to get parenting coaching, and various other orders.

And, apparently, the judge was not convinced enough immediately that she complied to give custody back, so he is going to take a couple of days to figure this out.

COLBY: Judges take things under advisement all the time.

But what a show she put on for the judge — strapless dress. And then this driving incident — we have it on the right side of the screen — where she literally — well, I don't even know why she is driving. Certainly someone could drive her to court.

There she goes. She speeds down the street. She is on the wrong side of the road. And then she makes this whacky turn around a bus — thank goodness the kids were not in the car because there goes the bus. Close call, Ken.

So what was the reaction of people there for this car situation?

BAKER: I think, in fairness to Britney, it was a ridiculous swarm of paparazzi, and I wonder where the LAPD was controlling all the people that were there in the traffic flow.

COLBY: They might have had some other issues — real criminals. But she looks for this kind of attention.

BAKER: Britney is a classic train wreck. Let's be honest here.

The thing is that is interesting here is, yes, we said that she had a bad day. She showed up dressed casually, wearing her sunglasses, wasn't taking it very seriously.

Her day started off, actually, on a positive note. There was a hearing this morning that she did not have to attend, where the judge actually said that she did not have to do a video deposition.

Kevin Federline wanted her to take a video deposition, but the judge said no, I am afraid this will get out on the Internet, and to protect her privacy and protect the sanctity of all this, she doesn't have to do a video deposition — a victory.

So what happens a few hours later? She shows up to the custody hearing in cowgirl boots and a mini dress, and proceeds to tell off reporters and act very much like a child. She was not happy.

COLBY: Ken, if they didn't want anything on You Tube, they probably should have hired a driver.

Ken, thanks so much.

We just have to see what the panel has to say about this. In New York, former Westchester County D.A. Jeanine Pirro. In D.C. criminal defense attorney Bernie Grimm, and in San Francisco, former Assistant D.A. Jim Hammer joining me on the phone — great to see all of you.

Let me start with you, Jeanine. Jeanine — strapless dress, erratic driving. She is trying to get her kids back, and she tells off someone right outside the courtroom. Her attorney didn't advise her to do that.

JEANINE PIRRO, FORMER WESTCHESTER COUNTY D.A.: You know what amazes me, Jamie? When I was a judge, I would say to people, come back into court and dress appropriately, and then I will hear your case.

The ironic part of this is that they don't want any video depositions when everywhere this woman goes, whether it is the Starbucks or any place else, the paparazzi is there. And I can't help but think she gives them a heads up.

But she is trying to get those kids back, Jamie, and your point is well taken. She is not dressing appropriately. She is not a concerned mother.

Although I'm impressed at this point that she even came to court.

COLBY: She came and she is trying.

What about the narcolepsy situation? They found pills in her purse or pictures of pills, and now she has narcolepsy and she is driving.

BERNIE GRIMM, CRIMINAL DEFENSE ATTORNEY: She has narcolepsy and she is driving. Well, for all of you out there, welcome to another edition of the rich and stupid.

I can't fathom this. I'm here on a Friday night talking about Britney Spears, so my legal career has obviously reached a new low.

But that's OK. I'm with my best friends Jim Hammer and my old girlfriend Jeanine, and I don't need to get into that, because Jeanine used to wear a strapless dress, at least when I got the strap there ripped off.

COLBY: Back to Britney.

GRIMM: This woman is crying out for help. I don't know if she's got an addiction problem, or mental health issues, but she is crying out for help. With all the police, with everyone watching, let me pick up on what Jeanine said, she goes speeding and bawling out of the courthouse garage. Is she crazy?

COLBY: That was some left turn.

Jim, let me ask you this — she has the hit-and-run case as well. She settled with the person that she hit and ran.

JIM HAMMER, FORMER SAN FRANCISCO ASST D.A.: Right.

COLBY: But now she could face probation. With all the cameras around Britney, what would probation be like for her?

HAMMER: It would be a quick trip to jail.

If this all happened next week she could have blamed Halloween for her dress. But the fact is the judge is sitting at home at night, I'm sure, watching what Britney is doing. You have to ask does this judge want her to have her kids back.

The real problem is this criminal probation. She might lose her kids in the family court, but if she keeps doing this, she ought to play reruns of the Paris Hilton legal drama.

I was down there with Greta for this. If she does it in California, and violate her probation, she will end up in jail, which is very different than getting drug tested and losing your kids for a couple of days.

COLBY: What doesn't make sense to me, and Jim Hammer maybe can answer this, is the judge drops the hit-and-run charge because she paid off the person whose car she hit.

In New York that is like tampering. We don't drop charges because you paid someone off. I mean, there is still a charge.

HAMMER: Jeanine, we have what is called "civil compromise" on nonviolent misdemeanors. She wasn't getting special treatment there.

But, again, if you look at the Paris Hilton case, she is put on probation and videotaped making illegal u-turns — she is going to go to jail.

COLBY: So, Bernie, you came in on Friday night, and you probably got the book award in Britney. But does she have chance of getting additional custody?

GRIMM: You know, I think there is always a presumption that you want the children to go back with the mother in this case, and, actually, in any case.

But here is my concern — the judge's order said for Britney, random drug and alcohol testing seems to be standard. Meeting with a parenting coach, I don't know what good that is going to do.

And then these last two — don't make derogatory remarks in the child's presence.

COLBY: That is standard. You are not supposed to talk about your ex.

GRIMM: And then lastly —

COLBY: OK, last point — you got it.

GRIMM: — neither parent can engage in corporal punishment which — why in the world would the judge be saying that unless that's happened? Corporal punishment on and two and a one-year-old, that's trouble.

COLBY: Let's not make allegations on that one. I thought the same thing at first, but it could be standard for this judge. We'll know something Monday or Tuesday.

Thanks Bernie, for canceling your hot date. Jeanine, great to see you. And Jim, we love you.

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