This is a rush transcript from "On the Record ," March 13, 2009. This copy may not be in its final form and may be updated.
GRETA VAN SUSTEREN, FOX NEWS HOST: Tonight: What a bombshell. Anna Nicole Smith's lawyer and former boyfriend, Howard K. Stern, and her two doctors charged with 11 felonies. Now, the DA says the three conspired to illegally give the former Playmate prescription drugs, thousands of pills. Tonight, you will see the infamous clown video of Anna Nicole Smith. Howard K. Stern is also on this tape. Tonight, you'll also hear Howard respond to the clown tape. Plus, you will hear from the woman who discovered Anna Nicole's dead body. She was there. She'll tell you exactly what she saw in that Hard Rock Hotel room.
And there's more. Tonight, you will hear Anna Nicole Smith speak from the grave. She spoke to us in August of 2002. She had a lot to say, including the real story about her relationship with her lawyer, Howard K. Stern.
And first, California Attorney General Jerry Brown lays out what he says is the case against Howard K. Stern and Anna Nicole Smith's two doctors.
(BEGIN VIDEO CLIP)
JERRY BROWN, CALIFORNIA ATTORNEY GENERAL: The Bureau of Narcotics and other agencies are constantly fighting a war on drugs, attempting to curb the abuse of street drugs. At the same time, the abuse of so-called legal drugs or prescription drugs is actually becoming an even greater threat because they appear to be innocent and appropriate in so many cases. The fact of the matter is, dangerous chemicals are available through doctors' prescriptions, and it's of the utmost importance that these prescriptions be handled in an ethical, legal and appropriate manner.
This office -- the attorney general's office -- has gone after dozens of doctors for abusing the law in ways that we're talking about today with respect to Anna Nicole Smith. She was a very famous person. But the abuse in this case is serious. Unfortunately, it's not that unusual. It goes on. And it goes on in a way that I personally feel very strongly committed to putting a stop to it.
So what we have in this case is a conspiracy among three individuals. Howard K. Stern is the principal enabler. Dr. Eroshevich and Dr. Kapoor are prescribing drugs excessively to a known addict and using false and fictitious names, all in violation of the law and all in furtherance of a conspiracy that violates the penal code of California. This was done knowingly and it's done with tragic consequences.
My hope is that the message will go out that doctors do not have a license to pump innocent and often vulnerable people full of dangerous chemicals. These cocktails of methadone and antidepressants and sleeping pills and Xanax, you put all that into a cocktail, it explodes and can cause death, injury and permanent morbidity and disability.
Probing into motives is always a speculative undertaking, but certainly, there's a certain psychic gain here to be part of the glitz and the celebrity and the power. There's a lot of money floating around, a lot of the high life. I mean, we know the street criminals that authorities go after all the time like to have their certain lifestyle, the use of drugs and parties and all of that. Well, there's an analog here with people at the higher end of the economic scale, and they're having their partying and their fun and their activities.
So is it self-indulgence? Is it some power trip? Is it just getting some kind of contact high off a celebrity? That remains to be seen.
The use of a fictitious name in itself is one thing. The use of a fictitious name to give excessive -- we're not talking a few dozen, we're talking hundreds and hundreds of pills that are very dangerous, particularly in the combinations that they're prescribed -- and prescribing in ways that aim not to conceal from paparazzis but conceal from authorities the obvious illegal abuse which is going on.
Prescribing these drugs in the manner that we charge, one count can be three years. We've got 11 counts. Not each person is tied into each count. But this is serious stuff.
(END VIDEO CLIP)
VAN SUSTEREN: A lawyer for Dr. Khristine Eroshevich, one of Anna Nicole's charged doctors, released this statement. "Anna was at the center of a cruel tabloid feeding frenzy. In the face of this, Dr. Eroshevich did her best to help the patient while protecting what little privacy Anna had left. Any actions were done with the patient's well-being in mind and were certainly not criminal."
Now, we also received a statement from Howard K. Stern's lawyer, Lin Wood. In it, Lin Wood says that when he spoke to an investigator with the Department of Justice, he was told Stern was not a target of this investigation and that he would be notified if Stern's status changed. Wood also says Stern offered to be interviewed with no conditions. According to Wood, he never heard back from the investigator.
Finally, Wood says, quote, "Mr. Stern has nothing to hide and very much wants the public and California authorities to have the benefit of reviewing the hundreds of hours of sworn testimony from the key witnesses to the relationship between Mr. Stern and Anna Nicole Smith before rushing to an unsupported judgment against him."
You can also go to Gretawire to read the entire statement from Howard K. Stern's lawyer, Lin Wood. We've posted it there. We have not received a statement from Dr. Sandeep Kapoor or his lawyer.
Well, now you get to the inside story about the moment Anna Nicole's dead body was discovered in July of 2007. Tasma Brighthaupt, the wife of Anna Nicole Smith's bodyguard, Big Mo, went "On the Record." Tas described what she saw when she found Anna Nicole's dead body at the Hard Rock Hotel. Howard K. Stern had asked Tas to sit with Anna Nicole while she slept.
VAN SUSTEREN: When you went into the room, did you have a conversation with Anna when you entered her room?
TASMA BRIGHTHAUPT, NURSE WHO FOUND ANNA NICOLE'S BODY: No conversation at any time. I was told that Anna was asleep.
VAN SUSTEREN: Did you take a look at her when you walked in?
BRIGHTHAUPT: I could barely see her. The way she was covered up. I could see a portion of her head and the way she was laying. It just looked like someone that was asleep.
VAN SUSTEREN: At some point, though -- at some point, you went over to her.
BRIGHTHAUPT: No. Well, at some point, when I was told -- when the other person came in the room and I was on the phone speaking to my husband -- Mo, he called to see how everything was and I was speaking to him and I had an earpiece on. And she thought I was talking to Anna, and she just came into the room. And she says, Oh, Hi. Anna's awake. I said, No, she's not awake. And she walked up to the bed and just -- she said, Well, let me just take a look at her. And she came in and she looked and she didn't like what she saw. And she told me to come up to the bed and take a look.
VAN SUSTEREN: And?
BRIGHTHAUPT: I was a little adamant about going because I figured she's sleeping. I didn't want to wake her and I didn't want my stirring around, you know, to wake her up. So she says, No, you've got to come over here. She says, I don't like the way Anna looks. So I got up and I went halfway and I peeked over, and I said, Look, Anna's sleeping. She says, No, come a little closer. And I got a little closer, and I didn't like what I saw.
VAN SUSTEREN: How did she -- I mean, when you say you -- I mean, you thought she was dead at that point?
BRIGHTHAUPT: No, not at that point. When I got closer and I asked her to, you know, flip some lights on, we went, like, a little berserk looking for lights to flip on. And I didn't -- if she was sleeping, I didn't want to, like, startle her with lights.
So when we flicked on, I think it was a closet light that was closest to the bed, and I could see her, then I knew something was wrong. I pulled the covers back a little bit then and I kind of shook her a little bit and tried to wake her up, and she didn't wake. And I moved her head a little bit, and it kind of flopped back. And I knew something was wrong.
When we got more lights on, then I noticed her skin looking kind of pale and she had, like, purple blotches on her skin. And that's when I knew. And that's when I hit my earpiece and I called my husband and I said, I can't arouse Anna. She's not -- you know, she's not waking up. She's not responding to me. You need to call 911 and get back here.
And that's when I went through the CPR, you know, thing where I opened the airway, looked, listened and feel. I couldn't hear anything. There was no air exchange at all. So I started the Corporate. I gave her two breaths. They didn't go in. I repositioned her head, gave her another two breaths. They went in. And I felt for a pulse. No pulse. So I did CPR.
VAN SUSTEREN: Do you think Howard or anyone else knew that before they left the room, that she was dead?
BRIGHTHAUPT: I can't say.
VAN SUSTEREN: You pause as though something's bothering you.
BRIGHTHAUPT: A lot of things are bothering me. I have a lot of suspicions.
VAN SUSTEREN: Like what? And based on what?
BRIGHTHAUPT: Well, because I was told that Howard would never leave Anna. You know, she was feeling sick or whatever the situation was going on with her, he would never leave her. And when we went to the airport and we came back, he was coming off the elevator with his phone. And my husband says, Where are you going? What's going on? And he says, Oh, I came to use my phone. And he just turned right around and went back upstairs with us. He never used the phone. That's one suspicion.
My other suspicion is that, why didn't he wake Anna before he left? I mean, you can sit here and say to me, How do you know that he didn't wake Anna? I know that he didn't wake Anna because when I went in the room, there was no movement. There was no nothing.
VAN SUSTEREN: How about drugs? Did you find any in the room?
BRIGHTHAUPT: I found a box of Tamiflu and I found a bottle of antibiotics. I don't remember the name.
VAN SUSTEREN: Both consistent with a flu and an infection.
VAN SUSTEREN: That's normal.
BRIGHTHAUPT: Yes, that's normal.
VAN SUSTEREN: Any other drugs?
BRIGHTHAUPT: No. Nothing else.
VAN SUSTEREN: Was there a package of drugs that was mailed -- or a package mailed to your house at one point for Howard?
VAN SUSTEREN: When was that?
BRIGHTHAUPT: Not too long before Anna's death.
VAN SUSTEREN: Like, days or weeks?
VAN SUSTEREN: Do you know what was in that box?
VAN SUSTEREN: Was it peculiar?
VAN SUSTEREN: In what way?
BRIGHTHAUPT: Why was it mailed to my house? Why wasn't it mailed to the Hard Rock?
VAN SUSTEREN: Why do you think?
BRIGHTHAUPT: Personally? Set up.
VAN SUSTEREN: Meaning?
BRIGHTHAUPT: I just -- you know, I personally feel like we were being set up. That's the way I feel.
VAN SUSTEREN: Tas, explain to me, the drugs that were found in her body at her autopsy, did you see any of those drugs in her hotel room?
VAN SUSTEREN: You didn't see any empty bottles.
BRIGHTHAUPT: No. But then again, you know, Greta, I wasn't looking. So they could have been around. They could have been in the bathroom, you know? But no.
VAN SUSTEREN: And it strikes you as odd, based on the description that you had of Anna and what you saw, that she could have gotten up and taken them herself.
BRIGHTHAUPT: She could have gotten up and taken them herself, but I doubt it because I was told that she had to be walked to the restroom. So how could she have gotten up and dug up medications? And where did she put them? Where were they? They could have been somewhere in the room, like I said, and I just didn't see them.
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