Judge Tells Anna 'Stop Making Up Stories.'

BACKGROUND

On January 31, 2001, when Anna Nicole Smith (Ms. Marshall) began making up stories under oath and quoting the findings of a California Bankruptcy Court from the witness stand, Harris County Probate Judge Mike Wood took her to task and threatened her with perjury charges. The jury had been excused.

Judge Wood (who had already heard more than 4 months of testimony) pointed out that there was no evidence to support Smith's claims that documents leaving her money were destroyed. Judge Wood noted that there was no evidence that any such document destruction had ever taken place. This directly contradicted the now fully discredited findings of California bankruptcy magistrate Samuel L. Bufford that the defendants had engaged in discovery abuse.

Bufford awarded Smith $475 million (after asking to review her Playboy centerfold in his office) but the bizarre ruling was quickly overturned by two appellate courts.

Smith's cross examination led to a number of outbursts on the witness stand from the former stripper including her famous quote, "Screw you Rusty," addressed to attorney Rusty Hardin. Mr. Hardin asked Smith if she was still taking acting lessons. Smith had invited ABC News to accompany her to her acting lessons for a television program that ran right before the start of the trial.

PARTICIPANTS

THE COURT: Honorable Mike Wood, Judge, Harris County Probate Court #2, Houston, Texas.
MR. HARDIN: Ace Houston Defense Trial Attorney Rusty Hardin, representing various Pierce Marshall Family personnel and entities.
MRS./MS. MARSHALL: Anna Nicole Smith. Mr. Hardin always referred to Smith as Ms. Marshall she always referred to Mr. Hardin as "Rusty."
MR. CUNNINGHAM: Plaintiff's Trial Attorney Tom Alan Cunningham representing Anna Nicole Smith.

THE COURT: [Addressing Anna Nicole] On the record, Ms. Marshall I want to tell you what I told your lawyer, and I assume he told you this this morning. If he didn't, let me make it clear: I have an obligation to tell the District Attorney that I think you are not telling the truth under oath on the stand. That's all I am going to tell you, is I am going to tell the District Attorney of Harris County that I think you are not telling the truth.
If you know of a document that says that Mr. [J. Howard] Marshall promised you half of the estate, don't say it's in California. It's not in California. There is not a document in California that says that.

MRS. MARSHALL: Your Honor, I don't know that. I would have to go through

THE COURT: Mrs. Marshall, 500,000 pieces of paper have been produced. Every piece of paper has been produced by your lawyers by you in this case. Don't you think that document would have shown up by now if you had it? Where are you going to look?

MRS. MARSHALL: I had

THE COURT: Where are you going to go look?

MRS. MARSHALL: You won't let me bring the case in from California.

THE COURT: I have not said that, and I have ordered you not to say that.

MRS. MARSHALL: You are calling me a liar.

THE COURT: I am not calling you a liar. I am suggesting to you

MRS. MARSHALL: Your Honor, you said that I could answer the questions as long as I do not say

MR. HARDIN: It's your turn now, Judge. See how much fun it is?

THE COURT: That's right. And that judgment doesn't say anything about a piece of paper that says that Mr. Marshall promised you half of the estate.

MR. CUNNINGHAM: Your Honor, may it please the Court? This is a

MRS. MARSHALL: Your Honor, I am just trying to do the best I can.

MR. CUNNINGHAM: -- there is a finding of fact [referring to Bufford's bogus opinion]

THE COURT: Counsel, that is not a piece of paper signed by Mr. [J. Howard] Marshall, and that is not a finding of fact that he promised that.

..

THE COURT: You have got five minutes to explain to her or I am going to hold her in contempt. She is going to answer the questions that are asked only, and she is going to stop lying.

MRS. MARSHALL: I am not lying, Your Honor.

THE COURT: Ma'am, you said yesterday that a doctor murdered Lady Walker at the behest of Pierce Marshall.

MRS. MARSHALL: I said I believe

THE COURT: No, you said

MRS. MARSHALL: -- the anesthesiologist

THE COURT: -- murdered her. What you said was that Mr. Marshall, Pierce Marshall had an anesthesiologist murder her.

MRS. MARSHALL: I said I believe he had something to do with it.

THE COURT: That, I think, is actionable. I don't know. That's up to them, [Pierce Marshall family et al] but the qualified privilege to testify does not allow you to make up stories, and most of a lot of your testimony in the last day or so has been made-up stories. Okay? You are entitled to say what you believe the truth to be, but you are not entitled to just say anything that comes out of your mouth. You are going to have to listen carefully to the questions and just answer the questions --

MRS. MARSHALL: Your Honor

MR. CUNNINGHAM: [Addressing Anna Nicole] Just don't say anything.

THE COURT: -- or I will have to hold you in contempt, and we will worry about what to do with that later, but this is never going to be over. It's going to continue forever if you keep on raising issues like this destruction of documents. You have said Pierce destroyed documents. Now we're going to have to prove all of that.
What documents did he destroy?

MRS. MARSHALL: It was in the California litigation

THE COURT: What documents?

MRS. MARSHALL: -- that he destroyed documents.

THE COURT: What documents were they?

MRS. MARSHALL: I told Mr. him, but I don't know what documents. There have been documents destroyed.

THE COURT: Did you see the documents destroyed?

MRS. MARSHALL: I was told.

THE COURT: By whom?

MRS. MARSHALL: By Your Honor

THE COURT: No, I never said that.

MRS. MARSHALL: Not Your Honor, the other Your Honor [meaning Bufford].

THE COURT: He didn't know what documents were destroyed. He made a finding based on what your lawyer said. He doesn't know, because he wasn't there, either. The judges can only rule on the basis

MRS. MARSHALL: I'm not lying?

THE COURT: Well

MRS. MARSHALL: You don't know what I went through, and all the stuff that I went through, and you are sitting here judging me, and I don't think that's fair, and if you are going to call me a liar why am I even sitting here and continuing on with this case? Why?

THE COURT: That's something you are going to have to decide on your own, but you are going to have to listen carefully to the question and answer the question.

MRS. MARSHALL: But I am trying to answer the question the only way that I know how to answer, Your Honor.

THE COURT: Then if I have to hold you in contempt --

MRS. MARSHALL: I am sorry that you think I am a liar.

THE COURT: [Addressing Anna Nicole] Okay. If I have to hold you in contempt, I will do so.

THE COURT: [Addressing Cunningham] If you can't control her that's your problem, but the trial is going to continue on. She can't continue to act out and act improperly so that she can get to go home and not come back. They are going to get to cross-examine her, and I know that you think that he [Bufford] made a finding of fact. I realize that. I recognize that. You don't need to keep on bringing that up. I have read it [Bufford's opinion]. I understand, but I understand the basis of that fact-finding, and I understand that it was not based on looking at all the facts. It was only looking at one side of the facts. Okay? That's the fact-finding. Sure. But on appeal it's a fact-finding that's based solely on a decision about sanctions. It's not based on he [Bufford ] listened to the facts or anybody else



THE COURT: [Addressing Cunningham] She [Anna Nicole] just accused a medical professional of lying and making up an event, and she said that she doesn't have I think it's a legitimate question for somebody cross-examining a witness who is present with a medical record to say is there any reason why you are lying? I think that's a legitimate question. I don't want to go and take another recess again. I don't know what interpretation she is making about rulings. I haven't had this problem in years of practice as a lawyer or years of being on the bench as a Judge from a witness who has to give a speech about how mean the Judge is to me and why I can't do what I want to do. The last half a dozen questions, "Well, I can't say because the Judge won't let me. I don't want to get in trouble, so I can't say. I forget. I can't say." Most of the questions she is giving an explanation, but her explanations aren't explanations. They are speeches.