Britney Spears former bodyguard, Tony Barreto, was the ‘secret witness’ in her custody case with ex Kevin Federline.  He is now making the talk show rounds telling of the two times he saw Britney doing drugs.

“They were both in a nightclub in Los Angeles,” bodyguard Tony Barretto, who protected Spears, 25, for two months before being fired, said on Monday’s Today show. “The incident happened at her table. She had me hold up a curtain, to make her area private.”

“The other occasion was when we escorted her to a private restroom upstairs which we secured for her. She was in there for some time alone … I thought it would be appropriate to check on her. … I observed this behavior.”

It doesn’t take a secret witness to tell a judge or the world Brit-Brit uses or has been on drugs.  I think anyone who has witnessed her behavior in the past year could have testified at the custody hearing.