updated 02/21/2007 AT 7:00 PM ET
•originally published 02/21/2007 AT 7:25 PM ET
Larry Birkhead, Anna Nicole Smith’s former boyfriend who claims to be the father of her 5-month-old daughter Dannielynn, took the stand on Wednesday during the ongoing hearing to decide who will get custody of Smith’s remains.
The Los Angeles-based photographer testified that Smith told him they were having a baby together – and he also claims to have witnessed Smith’s attorney, Howard K. Stern, giving drugs to the former Playmate while she was hospitalized.
According to Birkhead, he and Smith lived together from August 2004 to April 2005 – and in January 2005 Smith told him she was pregnant, but a month later suffered a miscarriage.
“She thought I blamed her for the miscarriage so we had a little tension,” said Birkhead, who claimed that Stern was actually the cause of the awkwardness. Stern, who often slept on the sofa in Smith’s Studio City home, according to Birkhead, created “interference internally in the home.”
After the miscarriage Birkhead says he and Smith separated, but reunited again on New Year’s Eve 2005. Around Valentine’s Day 2006, “Anna Nicole informed me that we were expecting another child,” said Birkhead, who at first wasn’t sure the baby was his. “We were trying to figure out the timeframes, and she smacked me and said, ‘I’m not a whore, you dummy.”
Together, Smith and Birkhead planned for the impending birth – and even discussed getting married, he said. “We picked out baby names for the child…She said she didn’t want to be a single mother, she had done that once before and didn’t want to do it again…She said, let’s talk about marriage.”
Asked if they were planning to wed, Birkhead said, “I was considering it but I didn’t want to do it for the wrong reasons.”
Birkhead also described visiting a pregnant Smith in the hospital in April 2006, when, he says, “she was trying to get off medications,” and he says he witnessed Stern taking pills out of a duffle bag and giving them to Smith.
“She was taking medication before and during her pregnancy,” Birkhead testified. “I was very concerned…We had a couple of clashes in the hospital because she and Mr. Stern brought in a duffle bag…They would take [these drugs] on top of the drugs they gave her at the hospital.”
On another occasion during Smith’s stay in the hospital, she had Birkhead put his thumbprint in a baby book that listed him as the father. Birkhead said he “felt sorry for Mr. Stern,” who also claims to be the baby’s father.
According to Birkhead, Smith added Stern’s name the baby book, as “Uncle Howard.”