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SHOWBIZ TONIGHT

Britney Spears Controversy Continues

Aired October 2, 2007 - 23:00:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


A.J. HAMMER, SHOWBIZ TONIGHT ANCHOR: Tonight, the shocking decision to take Britney Spears` kids away from her. Stunning late breaking developments; why Britney really lost custody. Can she ever get her kids back? And has she really hit rock bottom? We`ve got it all covered. I`m A.J Hammer in New York. TV`s most provocative entertainment news show starts right now.
On SHOWBIZ TONIGHT, why did Britney Spears lose custody of her kids? Tonight, SHOWBIZ TONIGHT reveals the real reasons behind the custody shocker.

(BEGIN VIDEO CLIP)

TONY BARRETTO, FORMER BODY GUARD: I was shocked, saddened. It`s a very sad issue all the way around. I`m happy the kids will have some stability in their future.

(END VIDEO CLIP)

HAMMER: Tonight, the tough questions; has Britney finally hit rock bottom or could things actually get worse? Is Kevin Federline really a better choice to take care of their little boys? What affect will this disturbing drama have on the kids? And what should Britney`s battle plan be to get the kids back? Tonight, all the late breaking developments as SHOWBIZ TONIGHT covers the Britney Spears custody shocker like no other entertainment news show.

Hello, I`m A.J. Hammer broadcasting tonight and every night from New York City. And tonight, SHOWBIZ TONIGHT can now reveal the reasons Britney Spears lost custody of her kids. I can tell you these past 24 hours have certainly been a wild ride for Britney, for her kids, for Kevin Federline, and, of course, for that posse of paparazzi that have been following her every move.

Remarkably, or maybe not so remarkably, because we are talking about Britney here after all, she has not been lying low. Tonight SHOWBIZ TONIGHT can tell you right now Britney Spears is the most talked about troubled mom in America.

(BEGIN VIDEOTAPE)

HAMMER (voice-over): With headlines like "Unfitney," Britney Spears is making more headlines for losing her kids than she did when she gave birth to them.

WHOOPI GOLDBERG, "THE VIEW": The biggest hot topic out there right now -- everybody`s is just saying, yes, Britney.

HAMMER: On "The View" this morning, a judges has ordered that Britney must temporary turn over her two your boys to her ex-husband, Kevin Federline, was the hottest of the hot topics. It struck a sad cord with co-host and resident young mom Elizabeth Hasselbeck.

ELIZABETH HASSELBECK, "THE VIEW": And it`s sad too. Last night I felt heart sick over the whole situation.

HAMMER: And the same reaction from "Regis and Kelly`s" co-host and resident young mom Kelly Ripa.

KELLY RIPA, "REGIS AND KELLY": I saw it on the news and I stayed awake last night because I was sick to my stomach.

HAMMER: Even sadder than Britney temporarily losing her kids is the fact that it didn`t exactly come as a shock.

JO PIAZZA, "NEW YORK DAILY NEWS": I don`t think anyone was surprised. We`ve all seen this coming.

HAMMER: With tales of Britney`s nearly reckless partying even after the court labeled her a habitual user of alcohol and controlled substances, the loss of her kids as striking many as another milestone in Britney Spears` long descent.

PIAZZA: I think now we`re seeing Britney`s rock bottom. It`s hard to watch someone go through that so publicly. No matter what we may think of Britney Spears.

HAMMER: This Hollywood.tv video shows the paparazzi mob scene as a temporarily childless Britney Spears checked into this swanky Beverly Hills hotel. The future of her bitter custody battle remains uncertain. SHOWBIZ TONIGHT gives you the inside story about why Britney lost her kids, and if there`s any hope of her getting them back.

It started with Britney`s disastrous custody hearing last month, where one of her former body guards gave a sworn declaration about Britney`s alleged drug use.

MIKE FLEEMAN, "PEOPLE MAGAZINE": The judge found that she was a continuous and habitual drug user and they ordered her to have random, twice weekly, drug and alcohol tests.

HAMMER: But Mike Fleeman of People.com tells SHOWBIZ TONIGHT, Brit didn`t follow some of those rules and lost her kids as a result.

FLEEMAN: A key reason why the judge temporarily took away the kids was because Kevin kept accusing her of not taking these random drug and alcohol tests.

HAMMER: SHOWBIZ TONIGHT can tell you there was another reason Britney lost her kids -- her questionable driving status. This accident over the summer captured on camera by celebtv.com led to Britney getting charged with hit and run and driving without a valid California license. SHOWBIZ TONIGHT can tell you, Brit`s been tooling around on a license from her home state of Louisiana, even though she`s lived in California for years. That`s a legal no-no for Brit and it`s now an issue in her custody fight.

FLEEMAN: Kevin Federline has tried to make an issue out of every single thing in Britney`s life, including her driving record. And when she was charged with hit-and-run and driving without a valid license, Kevin said, look, the kids are driving around in this car. Show me your driver`s license. She wasn`t able to do that.

PIAZZA: She`s been driving around with these two kids and snapped by the paparazzi almost every day.

HAMMER: Including over the weekend. TMZ.com and just about every paparazzo in southern California shot Britney driving with her kids over the weekend, even after her legal driving status was called into question. The result, no license, no kids. But People.com`s Mike Fleeman tells SHOWBIZ TONIGHT both situations may be temporary.

FLEEMAN: The second those kids were taken away, Britney drove to the DMV to get her driver`s license. Maybe she`s getting the message.

HAMMER: Even though going to the DMV is no walk in the park, Britney faces an even more difficult task, dealing with the serious personal issues that keep coming up in her custody battle.

FLEEMAN: If she can get her life back on track and not make any more mistakes in the future, she can get her children back in the 50/50 custody deal.

HAMMER: But as we all know with Britney, that`s a big if.

(COMMERCIAL BREAK)

HAMMER: So many questions tonight, like how exactly is Britney going to get herself out of this mess? SHOWBIZ TONIGHT declares Britney needs a battle plan. If she plays her cards right, Britney could get her kids back at tomorrow`s custody hearing. What should Britney`s game plan be?

Joining me tonight in Hollywood, investigative journalist Pat Lalama, also in Hollywood tonight, Jane Velez-Mitchell, also an investigative journalist and the author of "Secrets Can Be Murder." Jane, Pat, tomorrow, obviously, a crucial, crucial day for Britney Spears. She`s got to do something if she wants to get back even at least 50/50 custody of her kids.

Jane, let`s start with you, is showing up with a valid driver`s license and getting a drug test going to be enough?

JANE VELEZ-MITCHELL, INVESTIGATIVE JOURNALIST: Well, no, that is just the start, A.J. She literally has to throw herself on the mercy of this court and convince this judge that she has truly hit bottom, and that she is going to change. Her high-price lawyers have to have a whole strategy in place. I think she should offer to go back into rehab and when she gets out of rehab, to have a babysitter, a professional addiction expert who says with her 24/7/365.

This is what the big rock groups do when they go on tour and they don`t want to slip. They get these babysitters for addiction. That`s what she needs, somebody to watch her all the time.

HAMMER: Pat, as Jane points out, it`s not just about the legal issues, which obviously need to be addressed. It seems like Britney needs an entire system overhaul here.

PAT LALAMA, INVESTIGATIVE JOURNALIST: I`ve got a three-point plan.

HAMMER: Let`s hear it.

LALAMA: Number one, I say she could have some severe medical issues that she`s not addressing. It could be post-partum. It could be bipolar. She needs to get herself an internist, a psychologist, a psychiatrist, have somebody do a full work up, a diagnosis on her, and find out what`s going on with her emotionally and physically.

Number two, of course, is rehab. Number three, I`m so with Jane -- not a manager, not an agent, but a person who doesn`t care about making a dime off of Britney, somebody who says, I`ll be -- they use the term life coach in Hollywood, pardon the cliche. But really a spiritual adviser, doesn`t have to be religious, someone who has her best interests. And then, if I could add a fourth point, once she gets those done successfully, that`s the key, then perhaps go to a crisis management corporation and say, help me revitalize my image. And then she can think about her career.

HAMMER: There`s no indication, sadly, that she is listening to anybody at all, and part of the problem is, among those she`s not listening to, the judge, who gave her a whole list of things for her to do and she didn`t do it.

I want to run down this list, because it just baffles me that she completely ignored this. The judge said meet with a drug counselor. She didn`t do it. The judge said submit to drug testing. She didn`t do it. The judge said enroll in parenting class. Again, didn`t do it. Another thing, simple enough, sign the judge`s order. Nope, she didn`t do that either.

Jane, she really has to show the court that she is dramatically motivated to, you know, get something done here.

MITCHELL: A.J., we`ve said it before, but it bears repeating; a hallmark of addiction is defiance. There`s a term for it. It`s called terminally unique. Your core belief system as an addict is that the rules don`t apply to you. You are special. That is the essence of your self- esteem. Ironically, you feel humiliated by conforming to the rules. You feel that that is a defeat and a surrender.

Of course, you`re actually humiliating yourself by not conforming to the rules. So there`s a lot of confusion in the addict`s head. And the bottom is when you have a moment of clarity and you realize, oh my gosh, the road has gotten very narrow. I`m backed into a corner. I have to accept life on life`s terms. I need to show humility.

Let`s hope this is her bottom, because right now she`s the subject of ridicule, but if she loses her kids permanently, she will become a tragic figure, along the lines of Anna Nicole Smith, not to say that she`s going to lose her life, but losing her kids, that`s very close.

HAMMER: And something that played right into what you`re talking about, after Britney dropped her kids off with Kevin Federline`s body guards yesterday, when she was forced to, in essence, by the court, even though she didn`t have to until tomorrow, she reportedly went and got a body tan. So here`s what I want to know from you guys, if Britney does everything she`s supposed to, do you think there`s any chance that tomorrow the judge could give even some custody back to her.

LALAMA: No, I think Commissioner Gordon would not -- no, it`s too soon. She`s going to have to pass a couple of drug tests. That`s imperative. He`s not going to say tomorrow, you got your driver`s license, cool. Now you can have your kids back. She`s going to have to show a pattern. It`s up to him. It`s his full discretion. Remember, he`s got that big old file and dossier on everything she`s done, stuff we haven`t seen. He knows a lot more than we do.

It`s up to him to decide what the parameters are. He`s going to say, I believe, you have to pass so many drug tests; you have to go to so many parenting classes; you have to show that you`re not getting in car accidents. Remember, she`s a child herself. This is a real problem.

HAMMER: A real problem, a real tragedy. Pat Lalama, Jane Velez- Mitchell, thanks for being with us. Now we want to hear from you. This is what we`re asking for our SHOWBIZ TONIGHT question of the day. Lots of people are writing in. Britney Spears, did she deserve to lose custody of her kids? Continue to let us know what you think by voting at CNN.com/SHOWBIZTONIGHT. If you`ve got more to say, our email address is SHOWBIZTONIGHT@CNN.com.

And through this whole thing, we keep asking, what about the kids? How is all of this back and forth going to affect them, because you know it`s going to have an impact? And I`ve got to ask, if Brit gets stripped of them altogether, will they really be better off with Kevin Federline? This guy is certainly no father knows best.

Coming up next, a revealing look at what this mess means for Britney`s kids. Also this --

(BEGIN VIDEO CLIP)

STEVIE NICKS, FLEETWOOD MAC: I love Britney Spears. I would love to say -- I would love to go and sit in her room with her and say, I`m going to be your mom for a minute. I`m going to tell you what`s happening. And I`m going to tell you how much you`re going to regret all this.

(END VIDEO CLIP)

HAMMER: So many people are really worried about Britney. That, of course, Fleetwood Mac`s Stevie Nicks. I`ve got to tell you, I`m concerned too. She`s lost her marriage. She`s lost her kids. Her career, barely hanging on by a thread. Has Britney truly hit rock bottom though? A fired-up panel on that coming up in a SHOWBIZ special report.

And judging Britney, we`ve got the best of the bench; TV judges are right here to reveal what went on in that L.A. courtroom. Why that judge decided to take Britney`s kids away from her. That`s on the way.

(COMMERCIAL BREAK)

HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York. You`re watching TV`s most provocative entertainment news show. And our coverage of the shocking decision to take Britney Spears` kids away from her continues. Tonight, we`ve got to ask what seems to be a pretty obvious question. What about the kids? You`d have to think this is incredibly traumatic for them, even if they don`t understand exactly what`s going on.

With us tonight in New York, psychology expert Cooper Lawrence. Also with us tonight from Hollywood, Ken Baker, managing editor of UsMagazine.com. Cooper, Ken, I appreciate you being here. I`ve got to tell you, not everybody is thrilled that Kevin Federline has the kids. I want to read something that Jo Piazza, who is a columnist for the "New York Daily News," wrote today. Look at this: "It is a sad day when the clear choice of custody goes to Federline, a man who has two kids out of wedlock, shows zero paternal instinct, and is club hopping all over Vegas."

Ken, what do you think? Is she a little too harsh there or is she on to something?

KEN BAKER, USMAGAZINE.COM: I think that columnist is totally over- stating the point. I think that might have been accurate about a year ago when Kevin was out partying all the time and did not look like a model father. But let`s look at the facts. When Kevin has the kids, which has been about 50 percent of the time, he keeps them protected. He keeps them in private moments. You know why we only see the kid with Britney in the back of the car seats, being dragged all over the place? Because that`s what she says. She drags them through public, through the gauntlet of paparazzi all the time.

Kevin keeps them at home, safe and secure. Also, Kevin doesn`t go to Vegas all the time. He`s been there like twice in the last year. That is just an overstatement. It`s heavy-handed and I think it`s really deflecting what the point here is, which is that Britney Spears has a major problem. If you believe what the judge says, she has a very serious controlled substance problem. And I think she`s going to face the music tomorrow. Instead of saying "Baby One More Time," tomorrow she`s going to be saying, judge, give me one more chance.

HAMMER: There`s certainly a stark contrast to how the kids may be living perhaps more privately with K-Fed to how they are with Britney. They`ve been under the glare of the paparazzi flashbulbs whenever Britney takes them out and about. It`s unavoidable.

BAKER: But it is avoidable.

HAMMER: I`m saying it is unavoidable when she goes out that the flash bulbs are going to be there. Listen to what Kelly Ripa said this morning about this on "Regis and Kelly."

(BEGIN VIDEO CLIP)

RIPA: It`s also very dangerous a lot of times. You see her when she comes or goes anywhere, there`s such an armada of photographers and lens men. You have to wonder what must the kids be thinking.

(END VIDEO CLIP)

HAMMER: Cooper, what about that? Obviously the kids don`t know what`s going on. But all those photographers around all the time has got to make a lasting impression on them. Is that something we should be worried about?

COOPER LAWRENCE, DEVELOPMENTAL PSYCHOLOGIST: Of course, it`s something we should definitely be worried about. It`s something you would think Britney would be worried about. But the idea is that it`s good that they are now going to be with K-Fed, because he will keep them away from that. I will tell you, I interviewed K-Fed a couple weeks ago; and I was shocked to learn that he`s actually an amazing dad. And he is very, very conscious of not just the kids, but making sure that the kids he has with Britney are friends with the kids he had with Shar. He wants them to have a sense of family.

So you`re going to be shocked to see what a good dad he is, and that he is protecting them from the paparazzi. He does get it. He does get that these are very young kids that don`t need to be around this environment.

HAMMER: Yes, I think The point that Kelly was making -- and this is something that we were talking about a lot in the weeks past when this custody battle was unfolding, is that Britney has every right to go out and take her kids out of the house. But, Ken, you make the point that if she does that, the flash bulbs will be there. And she does seem to knowingly plunge them into these chaotic situations.

Here`s my question though, Ken: do the paparazzi have an obligation to leave Britney alone, and hence, leave the kids alone when she`s out with them?

BAKER: I think obviously that`s not going to happen. Do they need to give her some sort of level of safety, and not put her in danger or anything like that? Absolutely. But don`t forget also, Britney Spears has been in cahoots with the paparazzi. It`s a well known fact around Hollywood that she cooperates with them. She just invited a paparazzi photographer, videographer, into the bathroom at a Quizno`s last week.

HAMMER: I want to interrupt you. That`s funny that she did that, and I heard about that. Watch this video. I have to play this, because speaking of video following her around everywhere. Can we bring that up, Charles? It`s the video Britney`s two boys in the back seat of Britney`s car. If you look carefully, it appears that Sean Preston has his arm out stretched to his little brother.

Cooper, it almost look like Sean Preston is trying to protect his little brother. Just a few seconds, but are we reading too much into this?

LAWRENCE: No, I think he is trying to protect him, because look, he`s two. He`s not an infant. He has had some experience, both with her driving and the paparazzi coming after him. Of course he`s protective and he should be.

HAMMER: We got to wrap it up there. Ken Baker, Cooper Lawrence, I appreciate you both being with us tonight.

So Britney`s lost her kids. That`s not the only thing she lost. The marriage is gone. After that MTV CMA nightmare, her career really hanging on by a thread. Could Britney`s health now actually be in danger? Coming up at 30 past the hour, I`ve got a fired-up panel itching to get at this. A SHOWBIZ special report, has Britney really hit rock bottom?

And something I really want to know; what actually went on in that explosive courtroom when Brit`s kids were stripped from her? I`ve got the best of the bench, the TV judges who know this stuff backwards and forwards. What pushed that LA judge over the edge to make the stunning decision? Judging Britney, coming up as well.

And everybody`s talking about this today. Pretty much everywhere you go, you`re not going to believe what "The View`s" Whoopi Goldberg said. Get this, she hints that Britney may have wanted this to happen. We`ll show you that shocker coming up next. SHOWBIZ TONIGHT for Tuesday night is coming right back.

(COMMERCIAL BREAK)

HAMMER: I`m willing to bet you a big bag of Cheetohs that I know what today`s most talked about talk show topic was, it`s got to be Britney. You know the ladies of "The View" had an awful lot to say about the Britney custody mess. Whoopi Goldberg had a really controversial theory. Watch this.

(BEGIN VIDEO CLIP)

GOLDBERG: I have a very strange feeling about this. I think that she discovered that she is not cut out for this. She`s young. Let me tell you why.

(CROSS TALK)

GOLDBERG: But I don`t think she`s cut out for it.

BARBARA WALTERS, "THE VIEW": But then you say -- you don`t file for joint custody. You say, you know, there are women who don`t really want to take care of their children. But the other thing, Whoopi, is for heavens sake, get help, for yourself.

GOLDBERG: But this is the thing, I don`t think she knows how to get help. I was trying to figure out how long she`s been Britney Spears. All the people who have depended on her, all the people she`s taken care of. And I think suddenly she`s got these two kids and she goes, I can`t handle anymore of this. She doesn`t have the dialogue to say somebody get me to the shrink.

(CROSS TALK)

GOLDBERG: Why? She knew what was going to happen.

SHERRY SHEPPARD, "THE VIEW": I hope that if she did, in fact, say, I`m not cut out for this, that this will help her get herself together, because I don`t know what it must be not -- to have your children taken from you.

(END VIDEO CLIP)

HAMMER: -- last night. I think Whoopi may be on to something. Britney might just not be ready to be a mommy. Britney may not be ready to snap out of this disaster yet either. Her marriage, over. Her kids, taken away. Her career, this close to collapsing. I`m pretty worried about Britney. Could her health be in danger too? Coming up next, a SHOWBIZ special report, has Britney hit rock bottom.

And the custody decision that rocked Britney`s world. But what really went on in that courtroom? Why did that judge make that stunning decision? I`ve got TV`s biggest judges right here. They`re going to clue us in on what went down, coming up.

Everybody talking about this today, "Regis and Kelly" very upset on their show. In fact, Kelly even got physically sick over it. Very emotional stuff. SHOWBIZ TONIGHT is coming back with more Britney.

(NEWS BREAK)

(COMMERCIAL BREAK)

HAMMER: On SHOWBIZ TONIGHT, is losing her kids rock bottom for Britney? And can she turn it all around like other stars who have learned lessons the hard way, including Stevie Nicks.

(BEGIN VIDEO CLIP)

STEVIE NICKS, SINGER: I love Britney Spears, you know? I`d love say, you know, I would love to go and sit in her room with her and say, like I`m gonna be your mom for a minute. I`m going to really tell you what`s happening. And I`m going to tell you how much you`re going to regret all this.

(END VIDEO CLIP)

HAMMER: People are pulling for Britney, but will this be a lesson she`ll actually take to heart? Tonight, a SHOWBIZ special report, "Rock Bottom For Britney?"

Plus, here come the judges. We have three of the most popular TV judges right here on SHOWBIZ TONIGHT. They`ll let us know what`s going on in court and what Britney has to do to convince a judge to let her have her kids back. Tonight, "Judging Britney."

Welcome back to SHOWBIZ TONIGHT for Tuesday night. It`s 30 minutes past the hour. I`m A.J. Hammer broadcasting tonight, and every night, from New York City. This is TV`s most provocative entertainment news show.

Right now, we bring you the very latest dramatic developments today in Britney Spears` custody battle. Tonight, Britney`s two young sons are with their father, Kevin Federline, after a judge ruled that he should have custody until further notice. Britney`s lawyer tells "People" magazine the reason she lost the kids is because she couldn`t provide a valid California driver`s license and she was accused of not taking a court-order drug and alcohol test.

Well, tomorrow is another big day in the case. Both Spears and Federline are due back in court. And that brings us tonight to our SHOWBIZ special report: Has Britney hit rock bottom? Now that Britney`s lost custody of her kids, will she finally seek the help that she clearly needs, or could this actually even get worse?

Our coast-to-coast panel is fired up. Joining us again tonight, from Hollywood, investigative journalist Pat Lalama, also from Hollywood, Psychologist and Director for Lavantine (ph) Treatment Center in Malibu Doctor Allen Berger. And here in New York, clinical psychologist, Doctor Judy Kuriansky

Gang, I appreciate you being here tonight.

Pat, let me put it out to you, point blank, has Britney hit rock bottom yet?

PAT LALAMA, INVESTIGATIVE JOURNALIST: Well, I think it`s relative. Everyone`s rock bottom is different. To us, it appears she has. Losing your kids is a mind-blowingly traumatic experience. The problem for me though, and the reason why I`m reluctant to say she`s hit it really hard, is she doesn`t seem to recognize it. Part of rock bottom is going, whoa, I need help. And I`m just not hearing that. I`m not seeing it. I agree with Whoopi. I think in a way, she realizes subconsciously maybe she`s not ready for motherhood.

HAMMER: Doctor Allen Berger, you deal with this on a professional level everyday. What do you think? Is she at rock bottom?

DR. ALLEN BERGER, PSYCHOLOGIST: A.J., the analogy I use all the time with this is the alarm clock is ringing once again for Britney. The question we all have, is she going to respond to it, or is she just going to roll over and hit that snooze button, like she`s done over and over again?

All signs are, she`s just going to hit the snooze button. I think a reason for that is -- I hear people coming up with all these other theories about what`s going on, she`s overwhelmed. She doesn`t want to be a mom. I think the issue here is that she`s so self-reliant. She has what we call this defiant self-reliance. Nobody`s going to tell her what to do. She doesn`t want to listen to anybody because she feels nobody understands her, that nobody can really put herself in her shoes. Until she can get honest with herself, nothing`s going to change, A.J.

HAMMER: Doctor Judy, what do you think? And do you think that can even happen? Do you think she can let somebody into her fold to give her the sound advice she needs and actually pay attention to it?

DR. JUDY KURIANSKY, CLINICAL PSYCHOLOGIST: I don`t think she`s going to take action on her own now, A.J. And I would weigh in on saying she hasn`t really hit rock bottom. Yes, to most women, it would be the most awful thing in the world to lose their kids. But for Britney, all the partying, all the drugs, still has not hit home for her. I`m concerned about suicidal behavior, a car wreck where she really gets hurt or a so- called accidental overdose. That`s what I`m worried about because those behaviors would be more things happening to her.

The rest of the behaviors are attention-getting, the pantiless partying, and even now the loss of her children, something to her own self that`s destructive could be really something that would happen.

HAMMER: Pat, what do you think? Should she be on a suicide watch here as Doctor Judy suggests?

LALAMA: I think only someone trained in that area would be able to tell. That requires a full diagnosis. But what did I say earlier? I think she needs to sit down with a team of doctors. I really do. I think you start there. Let`s find out what`s going on inside of her. We all know substance abuse is a Band-Aid for covering up -- you know, you`re self- medicating. She`s upset about something. Something is eating her alive.

We need to find out what that is. Better yet, she needs to find out what that is and she needs to address it with professionals. Get out of Hollywood for a while. Go to freaking Kansas or something. I don`t care. Just go and really get real about yourself.

And your other panelists are right. Until she gets it, until she sees it, it`s not going to happen. And she`s so desperate for attention. She goes to the tanning booth after losing her kids? I`m sorry. I`m really concerned.

HAMMER: Yeah. And it`s just so sad the idea of any mother having to hand over their kids. Everybody`s been talking about that. I want you guys to listen to something that Elizabeth Hasselbeck said today on "The View" about that, when she heard Britney lost custody of her kids. Watch this.

(BEGIN VIDEO CLIP)

ELIZABETH HASSELBECK, CO-HOST, "THE VIEW": Last night, my heart just felt -- I felt heart sick over the whole situation, because you really wanted her to do all those things on that list. I mean, if someone says to you, as a mother, OK, you need to eat like 18 jars of bugs, and you`ve got to stand outside in the freezing cold. And you have to do this, and do this, and they give you a hard list of what you need to do to keep your children, I would assume there would be that desire to do those things.

WHOOPI GOLDBERG, CO-HOST, "THE VIEW": There actually may be --

(END VIDEO CLIP)

HAMMER: Yeah, see, I don`t get that. She was given a clear list of things to do and she didn`t do everything on the list. She didn`t just check them off. I`d have to think any mother, in their right mind, like Elizabeth, would do anything in order to keep their kids. So, Doctor Judy, it`s pretty clear she`s just not in her right mind here.

KURIANSKY: Well, exactly. There`s a whole complex of real psychological problems that are going on. I think Britney posted on her web, I`m just a bad kid with ADD, that`s Attention Deficit Disorder. But she`s got that, potentially, as she admits, along with emotional highs and lows. As we`ve talked about possibly, bipolar disorder. And the drug abuse on top of that and the alcohol use, really clouds everything.

I`m with Pat in the sense, from my professional point of view, she needs to really have people pick her up and take her out of the situation. If you`re put in a hospital, you can`t be forced to stay there for a really long time. But at least it is a beginning. She needs to get out of Hollywood. She need to be there -- not for rehab for a month, like people go. That does nothing. That`s a drop in the bucket. Really, you have to go for six months. She needs a personality overhaul. She needs to build self- esteem from the inside.

(CROSS TALK)

HAMMER: I want to jump in here for a second, because we were sitting around talking about this today. And we put it down on paper and I want to read to you something, if you`ll indulge me, that dramatically illustrates what a screwed-up year it`s been for Britney. And maybe this will help us figure out exactly what`s going on. Look at this: On February 14 Britney checked into rehab, then checked out. Two days later on February 16, she shaved off her head in public. Four days later, checked into rehab, checked out a day later from Promises Treatment Center in Malibu. The following day she returns to Promises, stayed there until March 20th.

July 30, her divorce from Kevin Federline was official, join custody of their two boys, was decided at that time. August 6, Britney involved in that fender bender while she was trying to park in a parking lot. September 21, Britney charged with hit and run, a misdemeanor, for that incident in the parking lot. And then October 1, she looses custody of her kids to her ex, Kevin Federline, under that judge`s order.

You know, I`m exhausted just reading off that list. But I think it really speaks to what`s going on. Dr. Berger, let me go to you. Is this truly a blueprint, as it seems to me, for somebody who`s at least heading towards rock bottom?

BERGER: Listen, what you`re seeing is the natural progression of this disease. Where I differ from a lot of people is everybody`s hypothesizing that there are underlying problems. But what we know about addiction is that it overrides your maternal instincts. I`ve seen many mothers lose their children because of their addiction.

It`s like -- think of it this way, A.J., a person`s on a desert island and the only thing that they have to drink is salt water and they know if they drink that, they`re going to die, when thirst hits a certain point, what do you think they do? They drink that regardless of whether that`s going to kill them or not. And that`s what happens with addiction.

Britney Spears, her brain is hijacked with her addiction. Until she addresses that, nothing`s going to change. Not looking at all these other issues. That`s not going to be it. People have tried to deal with addiction like that for many, many years. It doesn`t work. She needs to deal with her addiction.

HAMMER: She certainly does. I really appreciate you guys sounding off tonight. Pat Lalama, Doctor Allen Berge, Doctor Judy Kuriansky. Again, thanks for being with us.

LALAMA: Thank you.

BERGER: Thank you.

HAMMER: So, we`ve been asking you to vote on our SHOWBIZ TONIGHT "Question of the Day": Britney Spears, did she deserve to lose custody of her kids? Please continue to vote at cnn.com/showbiz tonight. You can also write to us at Showbiz tonight@cnn.com.

Here come the judges. I hope you`re ready, because these guys are going to help us out. Three of the most popular judges on TV. They`re going to help us kind of figure out what`s going on in court. What Britney has to do to convince a judge to let her have her kids back. "Judging Britney" coming up next.

And we`re not the only ones who can`t stop thinking about Britney`s situation. As a matter of fact, Kelly Ripa says she actually lost sleep over it last night. Why Kelly says the whole thing makes her sick to her stomach. That`s coming up.

First, it`s time for the SHOWBIZ "News Quiz". How old was Britney when she had her first hit single, with "Baby One More Time"? Was she 14, 15, 16, or 17? We`re coming right back with the answer.

(COMMERCIAL BREAK)

HAMMER: It`s time now for the answer to the SHOWBIZ TONIGHT "News Quiz". Take a look at this.

(BEGIN MUSIC VIDEO CLIP)

BRITNEY SPEARS, SINGING: Oh, baby, baby, I don`t even --

(END MUSIC VIDEO CLIP)

HAMMER: Wow, a very fresh-faced, young Britney Spears with the single that put her on the map. The question is, how old was Britney when she had her first hit single, with "Baby One More Time"? 14, 15, 16 or 17? Britney was just 17 years old when that single was released. The answer is D.

Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York. You`re watching TV`s most provocative entertainment news show. And our coverage of the shocking decision to take Britney Spears` kids away from her continues now.

Tonight, "Judging Britney Spears": Britney`s shocking custody battle has played out before the court of public opinion. But we want to know what actually went on inside the courtroom. Why did the judge make that dramatic decision and take away Britney`s kids? What made the difference in this case? Was it the drug use, the driver`s license issues, or her former bodyguard`s outrageous claims?

Tonight, SHOWBIZ TONIGHT has assembled the best of the bench, the best judges on TV. Joining me tonight from Hollywood, Judge Greg Mathis, of the "Judge Mathis Show", from Atlanta, Judge Glenda Hatchett, of the "Judge Hatchett Show", and from Miami, Judge David Young, of the "Judge David Young Show".

Judges, Your Honors, I appreciate you being with me tonight.

Judge Mathis, let me start with you. Were you at all surprised by the judge`s decision in this case to take the kids away from Britney Spears?

JUDGE GREG MATHIS, "JUDGE MATHIS": Somewhat. I think what we`ve seen in the custody hearing is a clash of the titans, particularly as it regards to egos. Here we have a young lady who feels she`s invincible. She`s subjected herself to the excesses of Hollywood, as these other young kids are. And on the other hand, we have a judge, many judges have big egos, and when you don`t come to court and meet their order, as was required in this case, bring your driver`s license, bring your drug test results, then the judge says, hey, you`re contemptuous. You`re not following my order. I`m going to show you the most dramatic punishment I can. And that`s what he did.

HAMMER: Yeah, the list of things she had to do seemed simple enough. It`s almost like a Paris Hilton case in that case.

But Judge Hatchett, let me go to you on this, because it seems that most of the shock over this decision comes from the general belief that women don`t lose custody of their children, and that this is unusual? But really how unusual is it still?

GLENDA HATCHETT, "JUDGE HATCHETT": I have presided over so many hundreds -- probably thousands of custody cases, A.J., and there have been a number of times when I`ve had to remove custody of children from women. And so many of those cases have really centered around drug abuse.

And so if this judge was convinced that there was still a problem with drug abuse in this case, and the big red flag for me would have been her not showing up for drug testing. A person who doesn`t show up for drug testing in my courtroom, I presume, then, has failed the test. Because you`re supposed to be there, and if you haven`t come, as far as I`m concerned, you failed the test.

And, ultimately, at the end of the day, it`s really not about Britney. It`s about what is in the best interest of these children. That`s what we`re charged with as judges to do, and what I`ve had to do over and over again in my courtroom.

HAMMER: Let me charge all of you, because you`re the experts, with deciding the Britney Spears custody case. I want to bring you the evidence as likely the judge saw this in California. Here we go. Britney Spears checked in and out of e rehab twice in one year. Additional evidence, she is driving without a valid California driver`s license. There`s no record, as we said, she took the court-ordered drug tests. There`s no record she signed up for the court-ordered parenting classes. Her former bodyguard testifies that he`s seen her use drugs twice, although not in front of the kids. And she also faces hit-and-run charges for allegedly hitting a parked car.

Which of this crazy list says to you, that`s enough, these children are in eminent danger, take them away from the mother until further notice.

Judge David Young, let me start with you, is it the whole package here?

JUDGE DAVID YOUNG, "DAVID YOUNG SHOW": I think it is the whole package. We really have to look at what this life of this -- of these two young children are like out there. Britney had all these opportunities and she didn`t do a thing, which indicates to me there`s something more going on here.

I think if I were the judge in the case, I would definitely move this case into dependency drug court because that`s where I think it belongs. The judge needs to have a complete psychological workup on Britney Spears and Kevin Federline. And I`ve been saying for a long time that a guardian needs to be appointed for the children, because we really, as judges -- and Glenda is absolutely correct. We have to do what`s in the best interest of the children, as we do in all cases.

And I think a guardian needs to be appointed, especially because Britney has no support staff whatsoever. She`s sued her mother, she has no relationship with her father. The only person she relies on is a cousin that`s not such a good influence. And so I`m really concerned about these children and about the parties themselves.

HAMMER: Judge Mathis, let me toss it out to you. Quite a laundry list of things the judge had to look at here in making this decision. What would you do?

MATHIS: I would say that her check in and out twice of the rehab centers is an indication that she`s unwilling to rehabilitate herself and address her drug problem. That`s why he ordered the drug test results.

Secondly, driving down the wrong side of the street with your children in the car, you`ve endangered them. And that`s primarily the test of whether they should be removed immediately. Endangerment to the children, and of course, the drug addiction and her failure to provide evidence of complete rehabilitation is the other big issue.

HAMMER: Judge Glenda Hatchett, let me toss it to you. You`ve seen the evidence. How would you decide this case?

HATCHETT: Right, and I`ll tell you, let me caution all of us to remember that these were closed hearings. And so this is what we know, but we don`t know what else the judge saw. There may be a lot more information. But hypothetically, just on this alone, the not getting the drug testing, the drug abuse is the real serious issue here.

And if you are on drugs and you`re so high that you can`t make proper decisions for your children`s well-being, it is better that they be removed. It`s unfortunate, but it is better than leaving them there and putting them at risk. We cannot afford to have these children at risk day in and day out, particularly with a woman who is not in compliance with the court orders. That`s a problem.

HAMMER: And as you said, at the end of the day, it`s the kids.

HATCHETT: It`s the kids. It`s not about Britney.

HAMMER: Let`s listen, on the notion of whether or not she was doing drugs, this is what Britney`s former bodyguard, Tony Barretto told Tony Potts, on CNN`s "Larry King Live." Watch this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Any instances when you were with her that she put her life in danger, her kids` life in danger?

UNIDENTIFIED MALE: I think she does that daily. I think that`s apparent to the media, to the public. And hopefully to the court as well. I mean, her behavior is just so strange and unpredictable that we don`t ever know what`s going to happen.

UNIDENTIFIED MALE: I heard this, one time she was driving on the wrong side of the road with the kids in the back of the car?

UNIDENTIFIED MALE: Yeah, that was a scary day. It actually, you know, made me almost want to quit, that day.

(END VIDEO CLIP)

HAMMER: That just sounds scary. We`ve heard some conflicting reports about whether or not the bodyguard`s testimony is even admitted into family court.

Judge Young, let me go to you on this. How much weight do you think this testimony actually carried?

YOUNG: I think you talk about the totality of the circumstances I think it`s just another piece of the puzzle. But Glenda`s absolutely right. It`s not about Britney Spears. It`s about the children. We`ve got to be concerned about -- not only Britney`s children, but so many other women out there, and men, who are in the same situation.

That`s why they have dependency drug court. Clearly, clearly this is an issue of drug and alcohol abuse by Britney Spears, and probably Kevin Federline. And the purpose of dependency drug court is not to take away the children, but to reunite the children in a healthy atmosphere. And that`s what we really need to be concerned with, is creating a healthy atmosphere.

HAMMER: And that`s where I have to wrap it up, guys. Judges, I do appreciate all of your expert opinions tonight. Judge Mathis, Judge Glenda Hatchett, and Judge David Young. Really, thank you so much.

UNIDENTIFIED MALE: Thank you.

HAMMER: I think we learned something.

We`re not the only ones who can`t stop thinking about Britney`s situation. As a matter of fact, Kelly Ripa says she actually lost sleep over it last night. Why Kelly Ripa says the whole thing makes her sick to her stomach. That`s coming up next on SHOWBIZ TONIGHT.

(COMMERCIAL BREAK)

HAMMER: No surprise, it is what everybody`s talking about, the news that Britney Spears lost custody of her kids. On "Live with Regis and Kelly" today, Kelly Ripa said that she stayed awake last night because she was just sick to her stomach over the whole thing.

(BEGIN VIDEO CLIP)

KELLY RIPA, "LIVE WITH REGIS AND KELLY": You can`t really fathom the kids being taken away from a mother. You can`t think about it. It doesn`t occur that it could ever happen.

REGIS PHILBIN, "LIVE WITH REGIS AND KELLY": The judge was really upset. They said he was furious in the courtroom. So, I guess he`s just about had enough of her shenanigans. But I can`t believe -- because we`ve interviewed her over the years. And all of a sudden to be in this kind of a situation, it doesn`t make any sense to me, or to you, I`m sure.

RIPA: No, I know, it`s really.

PHILBIN: Very, very sad.

RIPA: It`s very upsetting and I just hope for the whole well-being of those kids that they all get their acts together.

PHILBIN: Absolutely.

RIPA: And start putting them first. It`s also very dangerous a lot of times. You see her when she comes or goes anywhere, there`s such an armada of photographers and lensmen, and people everywhere.

PHILBIN: Now it`s going to be even more, as you can imagine.

RIPA: Yeah. You`ve got to wonder what must the kids be thinking.

PHILBIN: Absolutely. Very, very sad.

RIPA: It is upsetting.

PHILBIN: I hope she pulls it together.

(END VIDEO CLIP)

HAMMER: I think that`s something we can all agree on. I`ve been saying it every night. We do hope Britney pulls it all together.

We`ve been asking you to vote on our SHOWBIZ TONIGHT "Question of the Day. Britney Spears, did she deserve to lose custody of her kids? Here`s the votes so far, 44 percent of you saying yes, 56 percent of you say no. Here are some of the e-mails we got.

Stephanie from West Virginia writes: "Taking her children and giving them to a guy who is using her for publicity from day one, was just wrong."

We also heard from Cheryl in New York. Cheryl writes: "I`m happy someone finally did something in the best interest of her sons. Hopefully, Kevin can give them the stability that she couldn`t."

You can continue to vote by going to cnn.com/showbiz tonight. We`ll get to some more of your e-mails tomorrow.

All right now we`re going to tell you what is coming up on SHOWBIZ TONIGHT.

Tomorrow, Britney`s big day in court. This is important. Britney Spears and Kevin Federline are due back in court tomorrow. A lot of people are wondering, could Britney get the kids back? What does she need to do to straighten out her life? SHOWBIZ TONIGHT is right there for Britney`s day in court, tomorrow.

Also tomorrow, Brad Pitt, the lost interview. This is terrific. We were going to bring it to you today, but because of the all the breaking Britney news, tomorrow, we`re going to show you one of Brad Pitt`s first TV interviews. You will not want to miss this. Wait till you hear his thoughts on fame before he got really famous. A SHOWBIZ TONIGHT exclusive, Brad Pitt, the lost interview, tomorrow.

That`s it for SHOWBIZ TONIGHT. Thanks so much for watching. I`m A.J. Hammer in New York. "Glenn Beck" is coming up next after the latest from CNN Headline News". Have a great night.

END