Larry Birkhead: ‘I’ve Instructed My Attorney To Sue Rita Cosby’

LOS ANGELES, Calif. (September5, 2007) – Larry Birkhead says he is taking legal action against Rita Cosby and her publisher over Cosby’s book “Blonde Ambition: The Untold Story Behind Anna Nicole Smith’s Death.”

During a Tuesday night appearance on CNN’s “Larry King Live,” Birkhead said the claims in Cosby’s book were “false.” He also said his legal team is working on a lawsuit.

“I’ve instructed my attorney to sue Rita Cosby and the publisher and any source that spits out that information anywhere,” Birkhead said on the CNN show. “I would lawyer up if I were them because it’s coming their way.”

Birkhead told Access Hollywood’s Executive Producer Rob Silverstein on Monday afternoon that Rita Cosby never called him for comment while writing her book, a fact Cosby confirmed in an interview with Access’ Tony Potts earlier in the day.

“I knew what the answer would be,” Cosby responded when Potts asked her why she did not call Birkhead. “I knew the answer would be something that I couldn’t trust because I saw a lot of things that were not credible.”

The father of Smith’s only daughter, Dannielynn, said Cosby befriended him during his custody battle for the child, while she was a reporter for MSNBC. Birkhead said he is considering suing MSNBC too as he claims Cosby’s interaction with him occurred while she worked for the cable news channel.

“She came several times [to the Bahamas] on MSNBC’s dime as an MSNBC reporter,” he said on “Larry King Live.” “She drank alcohol, drank food (sic), everything at my expense – I got billed for it. She came down there and said she’s a friend and supporter and not working and she is working . . . but that’s why I’m considering [suing MSNBC]. I’m considering going after everybody.”

Tuesday afternoon, prior to Birkhead’s “Larry King Live” appearance and his claim he was pursuing legal action against Rita, Cosby told Access she was not surprised about his plans to sue.

“Larry Birkhead was threatening to file suit before he even knew what was in this book and I think that should speak volumes . . . I’m not surprised they’re threatening to sue. They would sue a paperboy if they could,” she said.

OK! Magazine, whose new issue concerns the single dad, Dannielyn, her first birthday and Howard K. Stern, might also be on the receiving end of a lawsuit, Birkhead said.

“They’ve been put on notice too that all the allegations in this book are false,” Birkhead said. “[The issue with OK!] — that’s more sour grapes because my daughter appeared on another magazine cover, a competing magazine … they said they were gonna do a nasty story on me if I did a [deal] with another magazine .. we’ll see what comes up out of their mouths.”

For their part, OK! released a statement on the issue, late last week.

“OK! Magazine has uncovered explosive allegations regarding Larry Birkhead, Howard K. Stern and baby Dannielynn, prompting the magazine to cancel our exclusive coverage of Dannielynn’s first birthday party,” a statement from OK! Editor In Chief Sarah Ivens read. “However, the newly obtained allegations are detailed, shocking and potentially incriminating. Furthermore, it makes it impossible for OK!, in good conscience, to promote this family’s highly questionable relationship in our pages.”

Ivens said OK! will publish the allegations in their magazine’s new issue.

“Next week’s issue of OK! will bring all of the unfortunate, relevant details to light,” her statement read.

Meanwhile, according to Cosby’s book, Jackie Hatten, a friend of Smith’s, claims to have witnessed a sexual encounter between Birkhead and Stern, while the Playmate was dating Larry. Denying Hatten’s claims, Birkhead said he was surprised she made such a statement as he claims to have never met her.

“Jackie Hatten’s never met me. She wasn’t even a friend of Anna at the end … the story just gets so crazy,” Birkhead said. “I know that she’s definitely friends with Virgie Arthur who is Anna Nicole’s mother who I’m still fighting in the Bahamas [over Dannielynn’s custody] . . . She was not a friend of Anna Nicole’s toward the end of her life . . . From the time I met Anna until the time of her death, I never heard Jackie Hatten’s name.”

In Access Hollywood’s interview with Cosby on Tuesday, Potts questioned Cosby about Hatten’s credibilty.

“I think Jackie Hattan stands by what she saw,” Cosby said. “And other things she has said to me have rung true.”

Repeated calls by Access Hollywood to reach Jackie Hatten were not returned at press time.

As his appearance on “Larry King Live,” continued Birkhead said he hopes members of the public will not purchase the book.

“I urge everyone thinking about this book, instead of giving a dollar to this junk give it to your local charity,” he said. “This book has the most unreliable sources I’ve ever seen.”

Birkhead also claimed during his appearance on CNN, that his former attorney, Deborah Opri, leaked documents to Cosby, while he was her client.

“There are records to show that Debra Opri was communicating with Rita Cosby throughout the case,” he said.

Shortly before the program concluded, Opri sent in a statement, in which she struck out at her former client and said she has faith in Cosby’s book.

“Larry knows full well that what he is telling the American public is a complete falsehood tonight,” her statement read. “I have not read the book, but I believe its contents are accurate.“”

Ron Rale, an attorney for Smith and a friend of Howard K. Stern’s also appeared on the program. He denied the allegations in Cosby’s book on behalf of Smith’s former companion and said Howard is considering suing.