Defending herself against a $60-million defamation lawsuit brought by Anna Nicole Smith's attorney, Howard K. Stern, former Fox News and MSNBC personality Rita Cosby said in court documents that her claim that Stern and Smith's lover, Larry Birkhead, had a homosexual encounter was not defamatory -- "even if false." In court documents posted on TheSmoking website on Wednesday, Cosby said that "engaging in a homosexual tryst, even if videotaped, does not reflect poorly on someone and in the 21st century it most certainly is not a 'criminal lewd act.'" Cosby had made the claim about the tryst in her best-selling book about Smith, Blond Ambition ." Other documents filed in connection with the case indicate that Hachette Book Group gave Cosby a $485,000 advance and that the book did not sell well, despite its long run on the New York Times best-seller list.