Monday, September 17, 2007

Secret Witness Doesn't Testify And He Will Now Disappear Forever


Earlier I told you this "secret witness" of Gloria Allred's wouldn't testify, and he didn't. Both Britney's and Kevin's attorneys took a pass on cross examining him. The judge also had nothing to say.

Tony Barretto is the "secret witness" and a former bodyguard of Britney who got fired for allegedly not picking up one of Britney's hats.

According to the press release issued by Gloria Allred, Mr. Barretto was prepared to testify about, "issues of nudity by Ms. Spears, drug use, and safety issues involving the children."

Two things. The first is that if you have ever gone through a child custody battle, each side gets as many declarations as possible from friends and neighbors and relatives to show they are the better parent. It's rare if a judge looks at them, but it makes the parties feel like they are doing something.

There was no reason for Mr. Barretto to come to court today except to get some publicity for Ms. Allred. She says in her press release that she was "shocked that Britney's attorney didn't cross examine him. "

Why should she be shocked? If they want to cross examine him at some point they can call him during the hearing. They don't need to do it today and he probably won't be called by either side at the hearing also. Ms. Allred said that because no one questioned her client, then everything he said is "unrefuted and unchallenged" like that makes it true. If I said the Pope likes sleeping with four women a night and the Pope doesn't say anything, the statement is unrefuted and unchallenged but it doesn't make it true.

Second, the lawyer in me notices how Gloria specifically mentions Britney when she talks about nudity issues, BUT doesn't do so in regards to drug use or safety issues. I haven't seen the declaration but I'm guessing people around Britney are using drugs, but if Gloria had any proof that Britney was doing so, would have made that statement and not just made it look like it by crafty writing.

20 comments:

Miss X said...

Thanks for the explanation, Ent! This is why your site is my fave. I learn something about law here while getting my gossip fix. :)

nomdeplume said...

I would be shocked if this writer is a lawyer. It's simply not believable (that gets clearer & clearer with each post I read)that a licensed, practicing CA attorney lawyer would throw out such BS incorrect "analysis" but it's got to be a laugh actually having people believe him/her.

mocha said...

well nomdeplume since you're an expert why don't you correct enty on his incorrect analysis?

everything he said makes perfect sense. gloria allred is making a media circus out of this custody case and regardless of what you think of the parents one must think of how this will eventually effect those two little boys.

nomdeplume said...

In fact, last week Allred filed a signed declaration from the witness, described only as a man who’s had close observation of Spears' behavior with her kids.

"The judge in the closed hearing case, Commissioner Scott Gordon, has the declaration, and does not have to rule on it. He can simply read it and enter it into the case’s existing papers. The only way the witness would testify is under cross examination. In other words, the declaration has ALREADY served as testimony. It would only be if Spears’ side decided to question that the witness would be asked to speak. Former lawyers for Spears' have challenged many (most)previous declarations made by the respondent's witnesses and this case is in the DISCOVERY PHASE now, not mediation, whereby the Commissioner decides unless a settlemnet is reached.
This hearing is still going on & NO LICENSED PRACTICING attorney would make any of these and other inane statements. Maybe all that mowing lawns after school is upping the alcohol intake of our writer.

mocha said...

well the court, kfed's lawyer and britney's lawyer both passed up the chance to ask further questions or cross examine this guy, so that should tell you something.

also, this guy supposedly saw her do drugs, he witnessed this AND did not call cps? he didn't file a complaint five months ago? WHY? his credibilty goes out the window soley for that fact.

Ice Angel said...

Fox News is reporting that Britney will temporarily lose custody of the kids today.

Claudiasfix said...

mocha you seem to have missed the response you requested where it shows this is already testimony. The law is precise and has rules, this writer doesn't know them and it shows. Lots of people don't believe the writer here is a lawyer, just here for the Timmy blind & hope it's true.

Toot Sweets said...

I have that dress she's wearing and it looks WAY better on me.

Leah said...

OK, just to re-cap the last 24 hours for Brit:

Her lawyer dumped her.
Her management company dumped her.
She lost custody of the kids (at least temporarily).

Hitting bottom sucks, especially when you do it so publicly.

I think that either:
a: she'll announce that she's going for a long stay in rehab.

b: she's going to attempt suicide (and possibly succeed)

c: she'll attempt suicide, then go to rehab.

nomdeplume said...

Anyone remember those SNL classics (they still show on late night TV)? Every time I read one of these "lawerly" or "entertainment insider" posts I think of either Jon Lovitz doing 'Tommy Flanagan Pathological Liar' yeah, yeah that's the ticket or 'Wayne & Garth' and their audience on Canadian cable TV.

Mistik said...

Nothing has been announced yet re: Britney losing custody... right now, it seems to be just Fox News speculating...

mocha said...

i have to add that enty never said this wasn't testimony just that at any future time the witness can be called up again.

again i must restate this, if this secret witness saw her do drugs he should have called cps immediately. you mean to tell me he's been sitting on this information for five months? wtf.

also people has confirmation for wasser that they will continue to have 50/50 custody.

brendalove@gmail.com said...

I think she should lose full custody with regaining full custody hinging on a complete psychiatric exam and compliance with their recommendations.

mocha said...

i think both she and kfed should be drug tested. i'm kind of wondering why kfed and his lawyer haven't requested testing?

i also wonder why they haven't filed an emergency hearing if she is in fact a danger to her kids. why wait until the hearings in december?? doesn't make sense to me.

Virgo74 said...

ET, I am soo glad you cleared that up!!!

Just could not imagine them taking her kids just solely on the word of one person, to be honest.

Claudiasfix said...

"i have to add that enty never said this wasn't testimony". HE DID & that's just one of the problems with his "expertise" because it IS offically testimony unless it's ruled otherwise by the commissioner. It's not a secret witness as this affidavit was filed & part of the evidence now. Wasser made NO comment on the rulings today because she was already OFF the case this AM. I'm sure there'll be something tomorrow w/ a rulings news release. It's well within the realm of possibility that this & other evidence will lose her temporary custody until a final judgement. Again, the official hearing for deposition reviews and admissions in this discovery hearing is for November, not what the "lawyer" says.

mocha said...

again, this person witnessed questionable behaviour and or drug use and sat back. he didn't come forward until five months later while the kids lives have been in danger? why didn't he file a complaint with cps that same day or after he was fired?

__-__=__ said...

toot sweets - I'm glad to hear the dress looks better on you! Brit always makes even the best clothes look like trash. I like the colors and the print.

And I enjoy the lawyerly commentary, regardless who brings it. Not so much the trolling behavior though. Some folks need to lighten up and just participate in the entertainment, IMHO.

sunny said...

If she used/uses drugs in front of her kids, that is a problem. I have no idea what is meant by "safety issues" in this case, could be anything from the aforementioned drug use, car seat problems, etc. However, what's up with the nudity allegations? I had no problem going nude in front of my kids when they were little, like SPF and JJ. I even bathed with them, many times.

Now if they were older, say 8 and up, that would be a problem. But these kids are babies.

Bryn said...

Yet today, they are saying they expect her to temporarily lose custody as soon as Monday. Is this true? Ent, how about a follow up to the latest info. Is this blather, or a real development?

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