Britney Spears and Kevin Federline
Jae C. Hong/AP
09/17/2007 at 12:00 PM EDT
A former Britney Spears
bodyguard was the much-hyped "secret witness" in her custody battle with Kevin Federline
Tony Barretto, 28, was prepared to testify about "issues of nudity by Ms. Spears, drug use and safety issues involving the children" that he witnessed as her bodyguard before she fired him on May 17, says Barretto's attorney, Gloria Allred, who brought him to court. Instead of testifying, his written allegations were entered into court as evidence.
Spears's lawyer, Laura Wasser strongly denied allegations of drug use by Spears. "He isn't a credible witness," said attorney Wasser after a two-hour closed-door hearing on Monday.
The hearing, meanwhile, was the last for Wasser, who stated she's officially stepping aside as Spears's attorney. Spears's new lawyer will be Marci Levine. "Britney will be in excellent hands" with Levine, Wasser said.
"I don't want anyone to perceive that we're dumping Britney," Wasser added. "In a lot of attorney-client relationships, there comes a time when some fresh blood is necessary."
Wasser also confirmed that Spears and Federline's current 50-50 custody arrangement for Sean Preston, 2, and Jayden James, 1, will remain in effect for now.
Federline, 29, is seeking primary physical custody
of the couple's two children.
Sources close to Federline have repeatedly denied that the former backup dancer is motivated by money, though the more custody time he has with the kids, the more child support payments he could receive.
Court documents released Aug. 30 show that Spears's income is $737,868 a month, while Federline has no "net income after business expenses," and his spousal support of $20,000 a month ends in November.
According to Wasser, many of the pop star's associates have already been deposed after being issued subpoenas to testify about Spears's parenting skills.
Federline's lawyer, Mark Vicent Kaplan, has stated that his next legal moves depend on what information he gathers against Spears in those depositions.
At the last hearing on Sept. 4, it was revealed that Spears has been cleared of recent complaints to child welfare workers.
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