some people feel like larry birkhead is now somehow aligned with howard k.s somehow abuse allegation. >> well, again, you know, he is saying that he is not taking howard k. stern's side like he said. he was kind of insulted when this deputy d.a. kind of implied that he was. he said they were riding up in an elevator, and she apparently said to him she thought he was taking howard's side, and he said he's not. he said he's telling it like it is. >> so is he telling it like it is, like she had a problem, anna nicole smith, or his opinion she didn't have a drug problem? >> well, again, we're hearing so many different toemts. it's hard to say that she didn't have a drug problem when you're hearing about people injecting drugs into her. the bodyguard's testimony, going back to that. >> jane? >> i'm going to get back to you after the break. you can absorb all of this information. hang in there, everyone. we're going to go to break. and when we come back, we're going to am lies this very complex case and the many, many drugs we're talking about, vis-a-vis, anna nic

larry birkhead is the father of anna nicole smith's daughter.rst died, birkhead was very outspoken at a hearing in florida about anna nicole smith's behavior. vis-a-vis drugs. now it seems like he is maybe changing his tune a little bit. listen to this. >> at times i took her medicine and i was told by mr. stern to give it back to her because she needed it to live. and in addition to that, i just told her over and over, i said don't. something is going to happen to you something is going to happen. >> when you said something, she referenced back to the bottles with the doctor's name on it. you found some comfort that a doctor was prescribing this and that they were supposed >> so kim serafin, explain this to me. some people feel like larry birkhead is somehow aligned with howard k. stern and is backing off this whole drug abuse allegation. >> well, again, he is saying he is not taking howard k. stern's side. like he said, he was insulted when this deputy d.a. kind of implied that he was, he said they were riding up in an elevator and she said to

larry birkhead is expected to testify later this week. >>> new developments in the case of a 6-year-oldrom school. he had to go to reform school. he got into trouble because he took a camping utensil a combination knife, fork, spoon to use at lunch. a school board member says the first grader is likely to get a reprieve. the school district said the knife was banned as a dangerous instrument. weapons don't belong in school but the punishment shouldn't sob bad. >> i think it is very wrong. it's not very fair at all. i think they need to change this rule. it's not fair for the kid and it's not fair for his parents. it's not fair for anybody. >> the parents said the first grader was just excited about joining the cub scouts and wanted to show off the new gadget. tell us what you think about this. call us toll free. 877-tell-hln. e-mail at cnn.com/hln. you can also text views plus your body and name to hlntv. standard text rates apply. >>> texas police and fbi say new technology helped them solve a brutal rape case 19 years after it was committed. he's identified as dennis earl bradford acc

larry birkhead is the father of anna nicole smith's daughter.t died, birkhead was very outspoken at a hearing in florida about anna nicole smith's behavior. vis-a-vis drugs. you now it seems like he is maybe changing his tuna little bit. listen to this. >> at times i took her medicine and i was told by mr. stern to give it back to her because she needed it to live. and in addition to that, i just told her over and over, i said don't. something is going to happen toufl something is going to happen. >> when you said something, she referenced back to the bottles with the doctor's name oiflt you found some comfort that a doctor is prescribing this and that they were supposed to be in their right mind to be in charge of this. >> so kim, explain this to me. some people feel like larry birkhead is now somehow with ho k. stern and is backing off the whole drug abuse allegation. >> well, again, he is saying he is not taking howard k. stern's side. he was kind of insulted when the deputy d.a. imply thad he was. they were riding up in an elevator and she s

the day, this man you're looking at right there, not larry king, but the one holding the baby, larry birkhead turned out to be the real papa. okay? let's listen to him. >> i hate to be the one that told you this, but i told you so. there's certain things that i can't talk about. but this is one that i'm happy to talk about. and my baby's going to be coming home pretty soon. >> i love that guy. handsome, and i think he is a good daddy. lisa, the battle over j. howard marshall's fortune has been a very complex saga that went all the way up to the supreme court. i'm almost afraid to ask where does it stand now? >> well, the battle still rages on, jane. that's why this whole murder for hire plot really doesn't make any sense to me, because eliminating j. howard marshall jr. from the picture does not end the court battle. so i don't think anna nicole was capable of murdering anyone. by the way, he died of natural causes. he was not ultimately murdered. if i may take a page from the cat in the hat evidence, she would not, could not with a knife, would not, could not take his life. eem not buying th

man you're looking at right there, not larry king but the other one, the one holding the baby, larry birkhead, turned out to be the real papa. let's listen to him. >> i hate to be the one that told you this, but i told you so. there's certain things that i can't talk about, but this is one that i'm happy to talk about, and my baby's going to be coming home pretty soon. >> i love that guy. handsome and i think he is a good daddy. lisa, the battle over j. howard marshall's fortune, $500 billion, has been a very complex saga that went all the way up to the supreme court. i'm almost afraid to ask, where does it stand now? >> well, the battle still rages on, jane. that's why this whole murder for hire plot really doesn't make any sense to me. because eliminating j. howard marshall jr. from the picture does not end the court battle. so i don't think anna nicole was capable of murdering anyone and by the way, he died of natural causes. he was not ultimately murdered. if i may take a page from that cat in the hat piece of evidence, she would not, could not, with a knife, she would not, could not take

total of 14 states allow use of marijuana for medical purposes. >>> and larry birkhead is back on the witness stand today. it might be one of anna nicole smith's doctors really in the hot seat. dannielynn's dad told the court friday that doctor sandy kippur dismissed the idea that the ex-playboy playmate was taking too many drugs. birkhead said of smith, took more medications than i have ever seen anyone take. under cross-examination, birkhead admitted that smith had a laundry ailments including back problems from breast implants, migraines, seizures. smith died back in 2007 of an accidental overdose and depending on the outcome of this hearing, kippur, howard k. stern and another doctor could be tried for conspiring to give smith controlled substances. >>> almost october 31st, halloween. time once again for your little angels to turn into ghosts and goblins. one popular -- actually two costumes this halloween might not be so scary. in fact, making people very angry instead. >>> we are just now getting pictures. take a look with me. a massive fire burning there in downtown in colorado

larry birkhead is a star witness in the former playmate model's drug case. laims a prosecutor told him that his daughter might be affected by smith's drug use. the d.a.'s office says it's discussing the prosecutor's future role in the case. >>> your friends might not be the only ones keeping a close eye on your facebook profile. richard is working on a story related to that for the 10:00 hour eastern. good morning. >> good morning. if you're on your computer right now, folks got to be careful. we know how cyber crooks have used e-mail to steal people's identity. they may be trolling social network sites you use looking for their next victim. we'll tell you how to be safe. >>> plus it's like csi meets the latest creature feature. how these slimy guys, blood suckers, may help take a bite out of crime years after the deed is done. >>> then it was the plus 8 who really made john and kate famous. how kate says the kids are coping with their parents' very public problems coming up in about 15. >>> the face of hollywood is changing. actress amy garcia is helping tha

larry birkhead could also take the stand today. she died of an overdose in 2007. a hearing will determine if stern and the doctors will face trial for illegally providing her with controlled substances. >>> back to the horse rescue. rescue operation going on and it will take a while. this is in florence, arizona, just outside phoenix where crews are trying to reach a horse. the man who was riding on it has emerged from the hole. unscathed. we don't know the condition of the horse. we don't know how this all happened. it's obviously a very deep hole and they were riding and the horse fell in apparently hind first. it appears the horse is okay. as we told you earlier the rider denied any medical treatment. we'll keep our eyes on this. again, the operation may take a while. they probably will have toing day trench and walk the horse out of that hole. >>> the state of florida may take a boy away from his mother. he weighs 400 pounds and his doctors contacted child welfare services after he missed some appointments. his mother says sheh

man you're looking at right there, not larry king but the other one, the one holding the baby, larry birkhead, turned out to be the real papa. let's listen to him. >> i hate to be the one that told you this, but i told you so. there's certain things that i can't talk about, but this is one that i'm happy to talk about, and my baby's going to be coming home pretty soon. >> i love that guy. handsome and i think he is a good daddy. lisa, the battle over j. howard marshall's fortune, $500 billion, has been a very complex saga that went all the way up to the supreme court. i'm almost afraid to ask, where does it stand now? >> well, the battle still rages on, jane. that's why this whole murder for hire plot really doesn't make any sense to me. because eliminating j. howard marshall jr. from the picture does not end the court battle. so i don't think anna nicole was capable of murdering anyone and by the way, he died of natural causes. he was not ultimately murdered. if i may take a page from that cat in the hat piece of evidence, she would not, could not, with a knife, she would not, could not take

larry birkhead said she had so many ailments he couldn't remember them all. he testified at a preliminary hearing. smith's boyfriend and lawyer howard k. stern is among the three defendants. they are charged with conspiring to illegally give controlled substances to smith. the other two defendants were smith's physicians. all three have pleaded not guilty. >>> new york state's mandatory order for health care workers to get flu vaccines is temporarily blocked. last month workers protested the mandate requiring them to get vaccines by november 30th or possibly lose their jobs. the public employees federation is happy with the judge's decision. >> as we've noted all along, hef encouraging its members to get vaccinated, encourage the voluntary vaccination of our members against influenza, however we believe the commissioner overstepped his authority and jurisdiction when he implemented these emergency regulations. >> groups of nurses and teachers were also granted a temporary block against the mandate and the matter is scheduled to go back to court on october 30t

larry birkhead the father of anna nicole's daughter is expected to testify later this week. >>> countyilding permit. he says that structure at a resort in sedona, arizona, was taken down before it could be inspected. the sheriff says criminal negligence may have played a role in the deaths we're talking about. sweat lodges are used for cleansing rituals. the fire chief says most hold up to maybe a duszen people. this one held as many as 65. the owner of the resort where this happened wouldn't comment. >>> authorities in galveston county, text, are hodding a news conference about the arrest of a suspect in a 20-year-old rape case. the alleged victim also is expected to make a brief statement. let's go ahead and listen right now. >> -- agents from the fbi and the sheriff's office galveston county district attorney's office with the assistance of a very strong, very determined and very lovely young lady, the survivor in this case ms. jennifer shoette. i'm going to read a brief statement. after the statement i'm going have my colleagues come up and say a few words, and after that we're goi

larry birkhead claims a prosecutor told him his daughter might be affected by smith's drug use. the da's office says it's discussing the prosecutor's future role in the case. >>> and we heard this this morning, a run offoff election to determine afghan's next president will be held next month. it was found that a third of hamid karzai's votes were not valid. the outcome there could affect u.s. troops decisions and as you saw in those pictures senator john kerry from massachusetts on the left in yellow tie was there for that announcement too. those are some of the headlines that we're watching for you on this tuesday. we hope you're having a good day. >>> people made an urgent plea for help after a virginia tech student disappeared over the weekend. morgan harrison got separated from her friends at a metallica concert on saturday night. she has not been seen or heard from yet. >> she is currently listed as a missing person. however there is some concern because morgan out of character has not contacted anyone since the night of the on sert. >> police say they have numerous leads

the father of smith's daughter larry birkhead is also scheduled to testify at this hearing. >>> last time jaycee dugard was seen publicly, she was a little girl. she was 11. she's 29 now and we have some pictures. she's opening up about her 18-year captivity in the new issue of "people" magazine. she's talking about how happy she is to finally be home. this is how she describes it. this is a quote. she says -- so right now she's in seclusion with her mother and her two daughters. police say those daughters were fathered by her alleged captor phillip garrido. we spoke to people's senior editor david caplan. he says have managed to adapt around their new surroundings. >> tells us that the daughters are well adjusted, they're bright. they have i think that about a fifth grade education or so they're up to par with everything, and all things considered they seem pretty well adjust and they're adapting to their new lives as well. >> garrido and his wife were arrested in august. they're accused of abducting doing nard 1991 in a bus stop keeping her in the backyard in a compound. they've pl