|
|
| Transcripts ONLY thread - |
| View previous topic
:: View next topic |
victims cry
 Posted:
Tue Feb 20, 2007 8:45 pm |
|
|
|
Transcripts ONLY thread
They can be copied to a discussion thread, but this is just for transcripts, no talk 
Last edited by victims cry on Wed Feb 21, 2007 1:19 am; edited 1 time in total
|
|
On Vacation!
Joined: 22 Mar 2006
Posts: 9275
|
|
|
 |
 |
 |
|
| Heli
Posted:
Tue Feb 20, 2007 10:33 pm |
|
|
|
Nancy Grace
February 20, 2007
PAT LALAMA, GUEST HOST: Breaking news tonight. It`s a tale of the tape, witnesses, wills, funeral issues and paternity issues at emergency hearings in Florida and California in the death of covergirl Anna Nicole Smith. One of Anna Nicole`s last interviews before her death played inside a Florida courtroom, where family and legal executors claim the superstar model`s body and custody of her 5-month-old baby girl, Dannielynn, a courtroom face-off between Smith`s boyfriend/lawyer Howard K. Stern, her mother, Virgie Arthur, and lover, Larry Birkhead.
On the stand, Smith`s mother, also companion Howard K. Stern. Stern gives insights into his relationship with Anna Nicole and her wishes for her own burial, wishes that were never mentioned in Smith`s 2001 will, a key issue at today`s hearing.
Also tonight, a California court weighs in on the custody dispute over baby Dannielynn, an LA judge refusing to hand over jurisdiction in the paternity battle.
As the courtroom battle goes on and on and on, we learn time is now of the essence on funeral plans for Anna Nicole, whose body still lays in a morgue under tight security.
(BEGIN VIDEO CLIP)
JUDGE LARRY SEIDLIN, BROWARD COUNTY DISTRICT COURT: In the center of this maze is Dannielynn.
I have a grandmother, I have Mr. Stern, and I have another party that feels he may be the biological father.
My primary purpose right now is to give peace and closure to Miss Smith`s body.
DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: ... and they observed unfortunate deterioration much faster than they expected.
VIRGIE ARTHUR, ANNA NICOLE SMITH`S MOTHER: I have never met Howard Stern. This is probably the first time I`ve ever seen him.
HOWARD K. STERN, ANNA NICOLE SMITH`S LOVER: It really bothered Anna when Virgie went to the media and said that either Anna or I had murdered Daniel.
UNIDENTIFIED FEMALE: I just can`t sit here because Ms. Opri did just make a statement to my client that he actually killed Miss Smith.
STERN: At that point, she said, This woman will never see my daughter.
SEIDLIN: We don`t want to get into punishing one another.
Grandma and whoever eventually becomes the primary custodian of this child are going to have to work together.
(END VIDEO CLIP)
LALAMA: Good evening. I`m Pat Lalama, in for Nancy Grace tonight. Surreal doesn`t even explain what happened today. I think jaws are collectively dropping all over the country after watching these machinations in court. I`m going to that 30,000 screenwriters in Hollywood went to the beach because, hey, you can`t make this stuff up.
Now, the greatest revelation today came from Broward County`s chief medical examiner, Dr. Joshua Perper. And we`re very happy to have him with us -- because you, basically -- you dropped a bomb today when you said, Doctor, that Anna Nicole`s body is not in the greatest shape as of today. Could you please explain? And welcome to the show.
DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: Yes. The embalmer which did the embalming on Saturday returned today to check the condition of the body and observed that there was an advanced discoloration of the face more than they expected. And they were afraid, or concerned that by next week, maybe the changes would be more advanced and might interfere significantly with adequate presentation of the body and viewing.
LALAMA: So Doctor, you`re saying -- and I believe you told the judge via telephone today in the courtroom -- that you think Saturday is the absolute deadline to actually give this body the respect it deserves, for lack of a better term?
PERPER: Yes. Well, you have to remember that the major viewing area is the face. And therefore, if the face becomes significantly discolored, the cosmetic which cover the face has to be much thicker, and therefore the resemblance to the actual appearance in life is much more remote.
LALAMA: Unbelievable. Doctor, you sound like maybe this was a surprise. First of all, explain to everyone, how does this happen? We know you have her pretty much hermetically sealed. I hope that`s an acceptable terminology. Did you have to, like, cut it open? Like, did you open it up? And what was -- did you gasp at what you saw? I hate to be graphic, but explain to us how bad this is.
PERPER: Well, I was in court at the time when they checked the body, and I didn`t want to open it again because this accelerates even the rate of discoloration, taking the body out, in and out. But I was told that there was an increased amount of discoloration, which I`m told by the embalmer is fairly normal after three or four days. But...
LALAMA: Doctor, what causes that? Excuse me. Explain to us what causes that, in layman`s terms.
PERPER: The discoloration is caused by the composition changes in the skin.
LALAMA: And at this point, is it still a situation where she will look OK in an open casket situation?
PERPER: Well, yes. Not absolutely perfect, but much better. And any kind of additional delay might make the picture much more grim.
LALAMA: All right. So you`re saying by Saturday, by Saturday at the very latest, we need to have a burial?
PERPER: Well, I -- and I suggest that -- and we suggested and the embalmer suggested to the judge that perhaps the viewing be done in Broward County, rather than ship the body and have the viewing somewhere else, wherever the body is going to be shipped.
LALAMA: And Doctor, the shipping actually causes further advanced deterioration, does it not?
PERPER: Absolutely. And that`s additional time lost.
LALAMA: All right.
PERPER: And...
LALAMA: No, go ahead, Doctor. I apologize.
PERPER: Yes. And beside that, there`s a bureaucratic procedure which takes three or four days. So this would constitute additional delay. So the ideal situation would be to do the viewing here in Broward County. And we would offer even our office for that, or a funeral home.
LALAMA: All right. Now, let me ask you this, Doctor. If the judge in the case, or whomever -- we`re still trying to figure out jurisdictions on just about everything -- but when it pertains to the body, that is Judge Seidlin. If for some reason, he decided not to do it, although he did indicate today he`d try to get it done because time is of the essence -- I mean, can you go in and get a court order and say, Hey, we need to do something with this deteriorating body?
PERPER: Well, it`s up to the judge, but I believe the judge will issue such order or there will be such arrangement tomorrow.
LALAMA: OK. You know, here -- I had to make all my own notes today. I just want you to see my little handwritten notes, three pages of three jurisdictions, and all the different legal matters that are being considered.
We`re going to start with Florida, and we`re going to start with Jean Casarez from Court TV. Jean, just size it up for us today, if you`re still not in a state of shock over today`s proceedings. What happened?
JEAN CASAREZ, COURT TV: Well, it was quite a morning and quite a day in that courtroom. I don`t think anyone ever believed that all three players would be in the courtroom together, but it was so -- Howard K. Stern, Larry Birkhead -- I would say they were about a yard-and-a-half apart -- so close -- and then Virgie Arthur, the mother of Anna Nicole.
And I think the basic thing that came out of today was to start looking at the issue. Who legally deserves the body of Anna Nicole Smith, under Florida law, for proper burial? And number two, what was the intent of Anna Nicole Smith? Where did she want to be buried? Witness number one, Howard K. Stern, witness number two, Virgie Arthur, who`s still on the stand.
LALAMA: Well, you know what? Let`s stop for a minute and listen to a little bit of Howard K. Stern, if people didn`t have a chance to hear any of it today.
(BEGIN VIDEO CLIP)
STERN: Originally, I believe it was back in 1996, she was a client of mine. We became friends. We spent a lot of time together. Ultimately, we became more than friends. This was years ago. We didn`t say anything at the time.
She was my best friend, my lover, the mother of my daughter, everything to me, I mean, literally, everything, my whole world.
Anna wanted our marriage to be a legal marriage. I had some concerns because I was concerned about how people would perceive it. I was concerned that people would think that I`m making a run for her money because her son had passed away, and we didn`t want to give any perception that we were trying to hide any wrongdoing.
(END VIDEO CLIP)
LALAMA: All right, now, let`s go to James Neavitt. I hope I`m saying your last name correctly, Mr. Neavitt. And you represent Howard K. Stern. You know...
JAMES NEAVITT, HOWARD K. STERN`S ATTORNEY: Hi, Pat.
LALAMA: ... I heard it said in court by Mr. Stern himself, he would give up any privilege of any money, anything that had to do with any money, any fee to remain the executor and to do what`s best for her and for the child. Did you believe that? First, how do you think your client did? And secondly, are we really to believe that he really has absolutely no monetary interest?
NEAVITT: Well, he doesn`t, and he`s not a beneficiary of the will. He said that. That that`s what the will says. And he has no interest in the estate of Anna Nicole, except for the benefit of his daughter.
LALAMA: How did you think he did today?
NEAVITT: You know, I thought he was -- from what I watched -- and I was in court all day, as you know, in my California case, and also on another matter. And you know, I thought he was sincere. I mean, that`s the way he talks to me, and he`s -- you know, he`s a very sincere person and he`s going through a lot. He`s tired. I could see that. He`s very tired looking. And he`s been through a lot over the last two weeks.
LALAMA: Mr. Neavitt, who`s watching the baby? Who has that child?
NEAVITT: You know, I -- we can`t talk about those things, for security reasons.
LALAMA: OK. But is it family? Is it -- you can`t even go in that direction, family, friends, bodyguards?
NEAVITT: The baby -- you know -- right. Howard arranged for the child to be taken care of, and the appropriate people are taking care of her. He`s taking care of his daughter.
LALAMA: Well, while we`re on the subject, because you were in the California court...
NEAVITT: Yes.
LALAMA: ... explain to us -- now, I understand the California judge said, I`m not going to give up the paternity issue. And at the same time, I understand that Larry Birkhead, the former lover, has got a -- served Mr. Stern today in Florida. Explain all that for us today.
NEAVITT: Well, first of all, we were in court today on several issues. One was whether or not the California court would assert jurisdiction over the custody of Dannielynn. And the court for, like, the third or fourth time said, No, it`s not a California issue, it should be dealt with in the Bahamas. And that`s how he ruled on that issue.
The other issue was whether or not there would be any kind of change in the order for paternity testing, and he did not change his order. He basically requested the Florida jurisdiction to allow Larry Birkhead`s expert to go and obtain the DNA that they need to do the testing -- for the DNA testing.
And the third issue that was before the court today was whether or not the court would grant their request that there be contempt against my client for allegedly lying in a declaration, and the court dismissed that contempt.
LALAMA: All right. So basically, where we stand now is that the court said, No, you`re not going to go after Mr. Stern for claiming he`s the father, that just doesn`t hold water, good-bye. Number two, it is Larry Birkhead`s attorney who wants the paternity issues heard in Florida, and that`s sort of still hanging now?
NEAVITT: No.
LALAMA: That`s not been resolved?
NEAVITT: No, the court didn`t get into my client`s involvement in terms of having jurisdiction over...
LALAMA: Well, not in California, but she tried to have him served today in Florida on that matter, in terms of the testing.
NEAVITT: Actually, they sent me the paperwork.
LALAMA: OK.
NEAVITT: I had the paperwork as of Friday, and so I know what it is. They`re attempting to join Howard to the California proceeding.
LALAMA: OK.
NEAVITT: There`s a process to do that, and that process starts, and there`s a hearing on that in, I believe, the first part of March of this year.
LALAMA: All right. Let`s go to veteran investigative reporter Art Harris. Art, something to add for us on all these issues. Where do you see this ending up? I mean, is it going to take some sort of an appellate court to figure out who`s got what jurisdiction? We`ve got three different places at issue here.
ART HARRIS, INVESTIGATIVE REPORTER: I think the judge is going to rule by the end of the week, Pat. And I think what he`s trying to get to today, it seems -- who knows this woman and knows what she wanted? And Howard K. Smith (SIC) was very convincing about the depths of depression that she sank into after her son`s death and how obsessed she was with death and that she wanted to be buried next to him in the Bahamas.
Now, this is going to come under fire by Virgie Arthur, who did today establish that despite this venomous emotional interview that was played in court from her "Entertainment Tonight" interview with Anna Nicole, where she basically said she hated her mother and all the childhood ramblings...
LALAMA: Right.
HARRIS: ... Virgie Arthur came back and established that she had great relationships with her other children.
LALAMA: Right. Right.
HARRIS: And so I saw the judge just, you know, really trying to come to terms with, you know, where would this woman`s wishes be best served.
LALAMA: And Art, if I could just interrupt real quickly, let`s hear from Virgie because, you know, we don`t get to hear these people very often, and particularly fighting (ph) the matter. So let`s hear from Virgie Arthur.
(BEGIN VIDEO CLIP)
ARTHUR: One regret.
SEIDLIN: Yes.
ARTHUR: That I was not able to get her away from drugs.
SEIDLIN: She left your home at a young age?
ARTHUR: At 17.
SEIDLIN: Was she on drugs at the time?
ARTHUR: No.
SEIDLIN: No.
ARTHUR: No.
SEIDLIN: Why did she leave home?
ARTHUR: Because she was with the wrong crowd at school and she was getting in trouble.
SEIDLIN: Where`d she go?
ARTHUR: She went to Mexia, Texas, to live with my sister, my baby sister.
SEIDLIN: How long did she stay with your sister?
ARTHUR: Oh, probably six or seven months. But she quit school at 17. You could do that in Texas.
SEIDLIN: And what kind of relationship did you have with her for those first six or seven years?
ARTHUR: We had a good relationship. We went and had our hair done together. We went and got our nails and our toes done. We...
SEIDLIN: How far away was she living from you?
ARTHUR: Probably 15 miles.
SEIDLIN: Was she doing drugs in those days?
ARTHUR: No.
SEIDLIN: No. Then what happens? What happens next?
ARTHUR: She`s still working there. She meets a guy. He helps her to get into the photo shop, where she got into "Playboy" magazine.
SEIDLIN: And their relationship was?
ARTHUR: Boyfriend/girlfriend.
(END VIDEO CLIP)
LALAMA: Back to Art Harris. I`ve just got a few seconds, Art, to succinctly tell us -- she basically blames Howard K. Stern for a lot of this, does she not?
HARRIS: Yes, she blamed him for taking her down a very, very dark path that basically isolated her from the people that loved her. And that`s going to be a tough one for the judge to unravel. But you could see him grappling with it, like the family judge, the family law judge that he has been, a juvenile court judge he`s been. And he`s bringing all that to bear.
LALAMA: Yes. He`s another interesting character we will get to in a minute.
But to tonight`s "Case Alert." An investigation under way for a missing Michigan mother, 34-year-old Tara Grant, last seen by her husband February 9 when she returned to the Detroit area from a business trip in Puerto Rico. Police say the couple had an argument shortly after her arrival, and then Tara Grant, a mother of two, left their house, got into a dark sedan and vanished. Grant is 5-feet6, 120 pounds, with brown eyes and brown hair. If you have any information, call the Macomb County sheriff`s office at 586-307-9358.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
PERPER: when I returned to my office, I was informed by my chief investigator that the two embalmers which performed the embalming on Saturday had returned today to check the condition of the body, and that they observed unfortunate deterioration much faster than they expected. And their opinion was that if the body is to be viewed and look fine, the viewing should be done this week, Saturday or before. They said if it is next week, they are not sure that they can guarantee that there are not going to be changes which are going to interfere with the appearance especially of the face of the deceased.
(END VIDEO CLIP)
LALAMA: Adding insult to injury is all this is about. I`m Pat Lalama, in for Nancy Grace. Meaning by that, that, you know, the medical examiner comes on board today to say, Hey, this body is not going to be in great shape. Time is of the essence. We need to have this viewing by Saturday.
You know, I want to go to Alex Goen. You`re the CEO of Trimspa. Thanks for being with us. I know you`re a friend of Anna Nicole and of Howard`s. I want to ask you, Mr. Goen, is Howard K. Stern getting a bad rap? I mean, a lot of people are looking at him with a suspicious eye. Is that legitimate? Is that right?
ALEX GOEN, CEO, TRIMSPA, FRIEND OF ANNA NICOLE SMITH: I think he`s getting a bad rap, no question about it.
LALAMA: Why? Why does everybody collectively say this guy did something bad, not just to her, but to Daniel, as well?
GOEN: Well, I think a lot of times, he`s a lawyer, he`s a bearer of bad news. Even with us, if Anna didn`t want to do something, Anna didn`t tell us, Howard told us. So of course, we weren`t very happy about that. And that was basically his job. His job is to go out there and tell people that, No, Anna can`t do this, Anna can`t do that, and protect Anna.
LALAMA: But you know, a lot of people asked -- when we heard about this video that came out recently where some people allege that she appears very high. Her face is painted in, you know, a clown get-up. And you know, he`s purportedly running the videocamera. And some might ask, She`s pregnant. Why isn`t he stopping his wife and he`s saying, Hey, I can`t let you do this. You know, We`re going to go get help. Are we jumping the gun in accusing him in that matter?
GOEN: I didn`t see the video. However, I know that the video is about Anna playing with a child. And as far as I`m concerned, when you play with a child, you normally play -- you put paint on your face. You kind of talk a little different. That`s what it sounds like happened to me. I`m not exactly sure. I didn`t see the videotape. But that`s the way I see it.
LALAMA: Let`s take a phone call here from our viewers. Serena in Michigan. Are you with us, Serena?
UNIDENTIFIED FEMALE: Yes, I am, Pat. Thank you.
LALAMA: My pleasure. What would you like to ask?
UNIDENTIFIED FEMALE: I just want to first mention that my thoughts and prayers go out to Howard and his daughter. I think he`s been through such a wringer. But the question that I have is, first of all, it`s very apparent that Anna Nicole mentioned the fact that she wanted nothing more than to be with her son, loved him very much, couldn`t stand her mother.
And this judge is such a clown. I mean, he`s sitting here playing to the cameras. Let`s get this done and over with. I mean, can`t something happen? I mean, this is just -- I feel -- my heart goes out to the family. But this is just becoming a media circus, and this judge is not making it any better.
LALAMA: Boy, you`re right about that. Let`s ask Jean Casarez. I know you were in the courtroom, Jean. Did everyone get the feeling, like I did -- I think even one of the attorneys, I think it was for Mr. Stern, stood up and said, Your Honor, what`s going on here? I have to say, in 30 years of covering cases, I`ve never seen anything like today.
CASAREZ: This judge is very much an individual. I think we all have to remember this is probate court. It is a probate proceeding, not a criminal proceeding, so it`s going to be a little bit more informal. But I think, really, this judge is making headway because he has appointed in a number of days a guardian for the child. He`s trying to determine the issue at hand, who should receive the body.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
STERN: She initially would not accept that Daniel was gone. And this went on for quite some time. It was quite a difficult process. You know, it was hard for her to talk about it, and she went through a lot of thought in deciding what his plans would be. And you know, throughout that time, the way that she went about it, it was never, Where is Daniel going to be? All of the discussions were always in the context of, Where are we all going to be?
(END VIDEO CLIP)
LALAMA: I`m Pat Lalama, sitting in for Nancy Grace, just sitting here, trying to make some sense out of a plethora of issues. Who knew one person`s life could end up quite like this.
I want to go back to medical examiner Joshua Perper. You know, a question was raised to me, and I`m going to pass it along here. Do we know exactly how much time elapsed before Anna Nicole was last seen feeling great and looking good, and suddenly, she was a collapsed human being?
PERPER: Well, we know that she was seen last time at about 11:00 o`clock in the morning. And then for two hours, apparently she was not seen. She was in bed. And by the time -- at 1:00 o`clock, she was found collapsed. So this is the interval of time when the collapse, and apparently, the death occurred.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
HOWARD K. STERN, ANNA NICOLE SMITH CONFIDANTE: Anna in a lot of ways always thought she was going to die young. She said that she thought she was going to be like Marilyn Monroe, so she thought she was going to die. And then also thought she was going to die when she was giving birth to Dannielynn, so Anna did talk about death. She talked about death, really from the time that I met her.
(END VIDEO CLIP)
LALAMA: Sad, sad, and very true. I`m Pat Lalama in for Nancy Grace tonight.
I want to go back to James Neavitt who represents Howard K. Stern in the California paternity matter. Just to clarify -- I don`t know if I asked you this clearly enough -- I want the viewers to understand that tomorrow was to be a deadline for DNA sampling, correct me if I`m wrong, from Anna and from the baby. Now that Anna has passed, where do we stand now?
JAMES NEAVITT, HOWARD K. STERN`S ATTORNEY: Well, that`s an interesting question. The court did not change that order; that order still exists. But the question is, you know, who is the order directed to? And the court specifically said that he wasn`t going to answer that question.
LALAMA: So what happens now? So what do we do?
NEAVITT: I mean, somebody has to take the order and enforce it. I assume that Mr. Birkhead`s attorney`s going to go and get the sample of DNA from the coroner which, under this order, they have a right to.
LALAMA: But what about the baby?
NEAVITT: The baby? You know, the baby has to be presented. Howard`s going to follow any court order made. And right now, there`s been no court order made to have him do anything. And that`s one of the issues of why California even -- we can question why California even has jurisdiction of this issue. This matter should be in the Bahamas so that a proper order could be made.
LALAMA: Got you. Well, we`ve gotten through (INAUDIBLE) the Florida issues now and the California issues, and finally we`re going to go through the Bahaman issues. And to my very good friend, Aidan Pickering, who is a producer from "Inside Edition."
And it`s so nice to know that you`re here with us, Aidan. How are you? And please size up all these -- let me just go through them real fast. We`ve got a guardianship hearing. We`ve got who owned the home that she lived in, and did she really own it? Who stole the video and the pictures? The Daniel inquest that`s coming up, the will and whether it`s even legitimate, and the immigration minister who took pictures of Anna in bed, clothed. Go ahead, Aidan. Take it away.
AIDAN PICKERING, "INSIDE EDITION": Gee, thanks, Pat. Thanks for making it so easy. It`s a laundry list, isn`t it?
LALAMA: Yes, it is.
PICKERING: Well, I mean, there`s a big hearing coming up here on Thursday here in the Bahamas, which I suppose kicks us off in the legal process, where, actually, really all it is at this stage is Virgie Arthur asking for the baby to remain on the island.
But at some point, legal briefs will be filed. And the big question becomes, well, what happens to this baby? And who, how and when will they get its sample of her sample of DNA?
Because this becomes a crucial thing. Larry Birkhead can give a sample. And perhaps at some point perhaps Howard K. Stern will give a sample, but it has to be tested against the baby to determine who the father is. So that`s a big issue. The house issue will come up at some point as to who exactly owns that Horizons house, where the baby is...
LALAMA: Right.
PICKERING: ... and where Howard K. Stern will be coming back to. And that`s a big one. But, of course, you know, there`s a dispute over, you know, whether Howard K. Stern can remain there or whether he has to move somewhere else.
What else have we got coming up? There`s also the inquest into Daniel.
LALAMA: Go ahead. Right, right.
PICKERING: And the inquest into Daniel, and that, again, could be a big proceeding here. That`s not due to start until next month. But I think something to bear in mind is that one of the attorneys in the case today said, you know, expect this to go slowly in the Bahamas. The wheels of justice turn slowly. He said it could be anything from 15 days to 15 months. So, you know, don`t expect anything soon.
LALAMA: The wheels of justice turn slowly when you`re busy having pictures taken with the person in question. Oops, I didn`t really say that. Sorry.
Aidan, you and I have covered many stories in Los Angeles together, and thank you so much for your insight. I`ll come back to you.
Let`s hear from one of Anna Nicole Smith`s final interviews, where she talks about her mother, Virgie, because one of the big issues is, she says I want nothing to do with my mother, I hate her guts. Virgie believes that she was fine until she got hooked up with you-know-who, Howard K. Stern. Let`s hear from her.
(BEGIN VIDEO CLIP)
ANNA NICOLE SMITH, FORMER MODEL: First of all, she`s not my mother. She`s my birth mother. And, no, she doesn`t know me. She doesn`t know my son. I left home when I was 15 years old, and, I mean, she hasn`t seen my son since he was probably about 5 years old. And she doesn`t know him. She doesn`t know me, for her to go out there and make thee ridiculous statements about me killing my son or Howard killing my son? Who does she think she is?
UNIDENTIFIED MALE: When was the last time you spoke with her?
SMITH: The last time I spoke with her or the last time she beat me? The last time I got a beating from my mother, I think I was 21 years old, and before that was a big gap. I left home when I was 15, and she came to me to live in one of my houses, because her husband -- I don`t know which number -- she`s been married about 20 times.
UNIDENTIFIED MALE: So you have no relationship with her at all?
SMITH: No relationship whatsoever. I left home when I was 15 years old. I don`t know her. She doesn`t know me.
(END VIDEO CLIP)
LALAMA: Well, that`s an excerpt from an interview shown in court today that Anna Nicole Smith gave to "Entertainment Tonight" back in October. Boy, Lauren Howard, psychotherapist, this is the world that little Dannielynn gets to grow up in.
LAUREN HOWARD, PSYCHOTHERAPIST: Yes, sounds great. Find a new world.
LALAMA: You know, you made a great statement before the show about, now, who can we trust? Is anybody really pure in this whole mess?
HOWARD: You know, with all this money involved, the truth is, there are some facts that need to be determined. One, who is the father of this child? Two, what was the cause of death? Why did Anna Nicole Smith die? Why did Daniel die?
Once you answer those questions, which are science questions -- they`re not about character, they`re not about conjecture, they`re not about some judge sort of deciding what people`s agenda is, or what, you know, where they`re coming from.
The answers to those questions will lead this. They will tell you exactly what people`s motives are, what people`s agendas are. It will all be very clear. There will still be plenty of confusion left. But at this point, go with the science, because there is so much money involved that no one can see clearly to what`s reality here.
LALAMA: You`re so right. And on that note, I know the lawyers are waiting to weigh in, so just bear with me.
But in the meantime, I`m going to talk to David Caplan, deputy New York bureau chief of "Star" magazine. Thanks so much. Why do we, first of all, care so much about this incredibly dysfunctional entity called the Sterns, and the Marshalls, and the Anna Nicole Smith? What is it about us as a society that we`re not talking about, you know, starvation somewhere in the Third World?
DAVID CAPLAN, "STAR" MAGAZINE: You know, it`s unfortunate to say, but I think we love our train wrecks. And that`s what we have here with the Sterns and the Anna Nicole Smiths. We saw this when she was alive, and unfortunately it`s continuing to plague her in her death. And it`s the most riveting story, definitely celebrity story we`ve seen in months. And, like I said, it`s really like being in a train wreck. It`s unfortunate, an unfortunate commentary, but everyone`s loving this.
LALAMA: But you know what, David? You know, somebody asked me -- I forget what, who and where -- but, you know, are we always going to remember her as the Marilyn, you know, the next Marilyn? And I`m like, no. I mean, she was a Marilyn wannabe. I don`t really think -- God rest her, and it really is so sad and pathetic. I`d love to know what happened to her in her life that made her achieve such a horrendous ending. But, I mean, she`s not even Marilyn, and then how sad that she had to aspire to be somebody who had her own problems.
CAPLAN: I mean, absolutely. I mean, she herself -- she definitely was an individual. But you`re right. She was very much a carbon copy to a certain degree of Marilyn Monroe.
But I really do believe, despite everything that`s happening now, and to a certain degree how her image is being a little bit tarnished by all these crazy goings-on, she will be remembered by us as a very glamorous icon in pop culture, because, you know, when Anna Nicole was good, she was good. She looked gorgeous. She looked great. She always, you know, looked great at events, and she made the scene. I think that`s how we`re going to remember her, despite all the monkey business around her death.
LALAMA: You don`t think that there`s like a lot of smirking, very quickly, going on?
CAPLAN: Yes, there`s a little built. I mean, there definitely is a little bit. But I think there`s so much negative energy around this, not to sound so hippie-dippy, but we should just focus on the good stuff and remember about Anna.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: I just can`t sit here, because Ms. Opri just did make a statement to my client that he actually killed Ms. Smith.
UNIDENTIFIED MALE: I feel like Dr. Seuss when I speak of the trees and the Lorax. We`re talking about a child.
UNIDENTIFIED MALE: We only want to do it through the proper judicial process. This has been a circus. There`s many things before your honor...
UNIDENTIFIED FEMALE: The court has repeatedly reminded us, and as family lawyers we know that what`s of primary importance is the best interests of the minor child.
LARRY SEIDLIN, BROWARD COUNTY JUDGE: And my point is, I must have a ruling, yes, no. He does have standing, or he does not. And I need it now.
(END VIDEO CLIP)
LALAMA: I`m Pat Lalama sitting in for Nancy Grace.
I want to go back to Dr. Joshua Perper, medical examiner from Broward. You`ve been so kind to be with us. And it seems to me you have so much integrity, and you`re trying to make us understand how this works, so I don`t mean for this to be exploitive.
But do you have to keep checking the body every day? I mean, how does that work? Do you have to wrap it up? Who decides that, and how?
DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: Well, what`s happening is that the embalming procedure -- that`s what you`re asking about, correct?
LALAMA: Well, I`m wondering, -- you said that, you know, it was checked, and you found out that there was some deterioration. I guess I just want the viewers to understand, do you have to go in every day and, like, cut some tape off and look at it? How does that work?
PERPER: No, they wanted to come after today to check the condition of the body, whether there is an increased rate of deterioration. And I don`t know if they plan to come every two days or so, but, anyway, they came today. And they observed that there was an increased spreading of discoloration.
LALAMA: But, Dr. Perper, excuse me. Who`s "they"? You mean like family members?
PERPER: The two embalmers.
LALAMA: I see. OK.
PERPER: The two embalmers which did the embalming on Saturday. They returned today to check the condition of the body, and they were concerned about this discoloration. They say it usually appears almost in every body, but this time it was a larger extent. And they were concerned that, next week, the spread of the discoloration might interfere with the appearance of the face, in spite of cosmetics.
LALAMA: I thank you. You have such a great ability to explain this complex issues, and we are all very grateful for it. I know you have to go. And thank you for your time, Doctor.
PERPER: You`re very welcome.
LALAMA: OK, listen, I want to go to Mike Brooks. Because, Mike, you know, we`ve got to talk about the potential for criminality here. I`m not saying there is any yet. OK, let`s just get that straight.
But we`ve got, you know, drugs that have been used, that appear to be not soundly prescribed. We`ve got things stolen from the Bahamas, in the way of tapes and pictures. You know, we`ve got allegations by the mother that Howard K. Stern might have somehow contributed to, you know, either Daniel`s death or her death.
What are we going to do with all this? Is there a potential for anything really nasty here?
MIKE BROOKS, FORMER D.C. POLICE: Well, Pat, one thing we have to do, we`ve got to find out what`s in this toxicology report. Dr. Perper has done a fantastic job of keeping a good chain of custody of all the evidence that we`ve seen so far. And he`s not going to release anything prematurely.
He probably already has the urinalysis results. But he`s going to wait until he has all the information and give it all out at once to keep all the rumor and innuendo down and the circus atmosphere down to a minimum.
Then we go down to the Bahamas. There`s a lot of questions that need to be answered in the Bahamas. And one of them is, we still do not have a cause of death on Daniel, almost five months now, Pat.
LALAMA: Right.
BROOKS: And, you know, the Bahamian inquest takes place on March 27th. Now, the wheels of justice down there move extremely slow, and they are going to have over 30 witnesses. And one of the people they want to talk to the most down there is Howard K. Stern, because he`s the only remaining, living person who was in that hospital room when Daniel died.
And there`s a lot of other questions dealing with G. Ben Thompson, who claims that he`s the owner of the house, who went in with one of his relatives, apparently stole some property from inside that house. The locks have been changed numerous times. You know, where is Dannielynn right now? Is Dannielynn in the house? I hope Dannielynn`s somewhere safe, because that house apparently is a sieve.
LALAMA: Your best guess -- I know it`s unfair, but your best guess. Are we going to see any kind of criminal charge anywhere on any issue involving this case at some point?
BROOKS: That`s the $1 million or $435 million question, Pat. When the toxicology report comes back, then I think the investigation can move forward. Then we go down to the Bahamas. You may have burglary charges, because, still, even if someone owns that house, they can`t go in and take things. That`s at least taking property without rights and burglary. But we`re going to find out what the exact charges are down in the Bahamas very shortly, hopefully.
LALAMA: Absolutely. And, listen, I know, lawyers, you`re waiting, you`re waiting. Thank you so much. But we`re going to lose -- I`m coming to you, I promise.
Alex Goen, from TrimSpa, I know you have to go, as well. You know, getting back to, you know, your client, Howard K. Stern, a lot of people are suspicious of the drugs, and how she got the drugs, and did it have anything to do with her getting those drugs? Can you address that at all?
ALEX GOEN, TRIMSPA CEO: Me, Alex Goen?
LALAMA: Yes. You`re close friends with Howard K. Stern, and you were close friends with Anna. I mean, you must have seen some of the -- you must have seen some things that seemed untoward. Were you concerned? Did you ever say maybe she needs to get help?
GOEN: You know, understand, after Daniel passed, certainly I asked Anna many times if she was taking drugs, or if she took methadone. She said repeatedly she didn`t. I believe her.
I don`t think that you`re going to find that drugs played a role. I think she probably took prescription drugs. I mean, when you think about it, she had to get over the loss of someone that she loved for 20 years. He was her life. I mean, without question, I think when he died, part of her died, and maybe continued to die.
But as far as these illegal drugs, I don`t believe there`s any illegal drugs. And I never saw her really do anything other than a few times that I thought she drank a little bit too much, but very few times. I think, as a matter of fact, two times.
It`s not like she drank every weekend. She drank maybe once every three or four or five months. And then when she drank, I did notice she drank a little too much, but that was about it.
LALAMA: And so you have faith in Howard? You think he`s really just an innocent bystander trying to look out for her well-being?
GOEN: Howard cared about her tremendously. As far as all these allegations of him not taking care of her, I totally disagree. I think it was just the opposite. No question about it, not always did people have the access to Anna that they wanted. I mean...
LALAMA: You know, it`s so hard...
GOEN: I mean, people pulled on her every which way.
LALAMA: It`s so hard, Alex, as the person asking the questions, because, you know, you get so concerned. I personally don`t want to be perceived as unsympathetic, but, you know, these are questions that people want to know. She`s got five different bottles in her hotel room. Is no one watching out for her? Is no one, you know, concerned for her?
And, you know, speaking of Howard, your friend, let`s go to a sound bite. I think we want to hear more from him from today.
(BEGIN VIDEO CLIP)
HOWARD K. STERN, ANNA NICOLE SMITH CONFIDANTE: Anna in a lot of ways always thought she was going to die young. And she said that. And she thought she was going to be like Marilyn Monroe, so she thought she was going to die when -- I forget what the age is, 36 or 37. So we discussed it prior to that.
And Anna also thought she was going to die when she was giving birth to Dannielynn. So Anna did talk about death. She talked about death really from the time that I met her.
(END VIDEO CLIP)
LALAMA: All right. Jean Casarez, Court TV, what in the world can we expect for tomorrow?
CASAREZ: Well, Virgie Arthur will retake the stand. She is the mother of Anna Nicole. And in regard to that custody hearing in the Bahamas, just wait, because the judge said he`s going to call the Bahamas because he wants it continued, because this case may not be finished.
(COMMERCIAL BREAK)
LALAMA: I have to now finally get to my very patient prosecutor and defense attorney. We`ve got Josh Hanshaft, prosecutor, and we`ve got Penny Douglass Furr, defense attorney and custody law specialist. Thank you so much for your patience. Lots to get through tonight.
Very quickly, it`s a very short block. So tell me, the judge, everybody`s talking about the judge. In your histories -- and we`ll start with Josh, just because you`re the first name I`m seeing right now -- tell me, very quickly, your impressions of him.
JOSH HANSHAFT, PROSECUTOR: From what I`ve watched -- you know what? I`ve seen a lot of judges in my career so far. And I have to say a lot of people have been criticizing him and saying, you know, it`s a circus that`s going on in that courtroom. And, yes, granted, he has put on a little bit of a show.
But you have to consider, there`s a lot going on here. He may be putting on a show; he may be a little nervous. It may be a hundred issues. But you know what? He did highlight the issues, which is, let`s not us forget that this is about a child, and the best wishes of that child. And he did keep bringing that up.
LALAMA: OK. Penny Douglass Furr, you take on it?
PENNY DOUGLASS FURR, DEFENSE ATTORNEY: Yes, ma`am. The judge -- I think everyone has to understand that this court has jurisdiction to do one thing, and that one thing is to determine what to do with the body of Anna Nicole Smith.
Now, I did research on that earlier today, and the Florida case law clearly lays that out by saying that, if there are children, if there`s any child or children to the person who died, then that child or the guardian for that child would make the decision. It would not go back to the parent. And so it should go to the guardian for the child.
And the other thing they would look at...
LALAMA: Very quickly. Very quickly.
FURR: ... what Anna Nicole Smith wants. And I think they`ve made that clear.
LALAMA: OK, thank you. Brilliant
|
|
Transcription Goddess
Joined: 23 Mar 2006
Posts: 23391
Location: Puffed Up DimWit
|
|
|
|
|
|
|
| Heli
Posted:
Wed Feb 21, 2007 6:28 am |
|
|
|
Larry King Live
February 20, 2007
BEGIN VIDEO CLIP)
HOWARD K. STERN: Anna had always wanted to be buried near Marilyn Monroe.
(END VIDEO CLIP)
LARRY KING: Tonight, riveting testimony in the battle for Anna Nicole Smith's body, as her companion, Howard K. Stern, finally takes the stand.
(BEGIN VIDEO CLIP)
STERN: She talked about death and really, from the time that I met her.
(END VIDEO CLIP)
KING: And takes some heat.
(BEGIN VIDEO CLIP)
KRISTA BARTH, ATTORNEY FOR HOWARD STERN: Miss. Opri did just make a statement to my client that he actually killed Miss. Smith.
(END VIDEO CLIP)
KING: And in a bizarre and chilling moment, Anna Nicole herself heard in court today on video.
(BEGIN VIDEO CLIP)
ANNA NICOLE SMITH: (UNINTELLIGIBLE).
(END VIDEO CLIP)
KING: Meanwhile, clear across the country in Los Angeles, the question of who fathered the baby girl Anna Nicole left behind is debated in another courtroom.
We've got all the latest on both hearings, from Anna Nicole's friends and attorneys and reporters who were inside court.
It's all next on LARRY KING LIVE.
Wow!
What a day.
Good evening.
It gets curiouser and curiouser.
Joining us in Plantation, Florida is Carlos Diaz. Carlos is a correspondent with "Extra." He was in the courtroom for today's hearings.
As was Jean Casarez. Jean is with Court TV News, a correspondent for day time trial coverage. She was also in the courtroom in Florida.
Carlos, what -- what was it all about today?
CARLOS DIAZ, "EXTRA" CORRESPONDENT: Well, it was supposed to be about who was going to get the body of Anna Nicole Smith.
Was it going to be Virgie Arthur, Anna Nicole's mother? Was it going to be Howard K. Stern?
It kind of turned into a sideshow, at times, with lawyers yelling at one another in court and also the paternity battle came into play.
We expected fireworks and we were not disappointed.
KING: Jean, what's your read?
JEAN CASAREZ, COURT TV CORRESPONDENT: Well, it was an amazing day in that courtroom. There are so many legal issues that are interlocked with each other. This is a probate proceeding, but paternity, I think, will come into this courtroom because of the guardian that is stepping in the shoes to represent the little baby. And ultimately the natural birth father may have to do that.
KING: Howard K. Stern provided many of today's compelling moments.
Let's take a look, briefly, at what he had to say.
(BEGIN VIDEO CLIP)
STERN: Anna, in a lot of ways, always thought she was going to die young. And she said that. And she thought that she was going to be like Marilyn Monroe. So she thought she was going to die when -- I forget if the age is 36 or 37. So we discussed it prior to that. And then Anna also thought she was going to die when she was giving birth to Dannielynn.
So, Anna did talk about death. She talked about death, really, from the time that I met her.
(END VIDEO CLIP)
KING: Carlos, why was that germane? DIAZ: Well, the thing is, it's about where she wanted to be buried. She wanted to be buried next to her son Daniel and that, you know, the fact that she talked about death so much means she made plans for her death and that's what -- what the lawyers for Howard K. Stern are trying to prove here, that she did have wishes after she died, and those wishes were to be buried in the Bahamas next to Daniel. And those conversations went on and on while she was alive.
KING: Jean, was Howard Stern an effective witnesses, in your opinion?
CASAREZ: I think he was. But his testimony said that after Daniel died, they actually talked about burying Daniel in Los Angeles, near Marilyn Monroe or near some others in Hollywood. But the cost was an issue. So finally, Anna Nicole said since I'm going to live in the Bahamas and I'm going to raise my daughter in the Bahamas, that's where I will bury Daniel.
I think there could be cross-examination on that, because she is no longer living and the daughter may not be raised in the Bahamas.
KING: To try to demonstrate Anna Nicole's profound estrangement from her mother, the court was allowed to -- the court permitted Virgie Arthur, her attorney, to present a portion of a videotape.
Let's watch.
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: Will you ever talk to her again?
ANNA NICOLE SMITH: I will never speak to her again. Never. If I do, it will be a child attorney.
UNIDENTIFIED MALE: She'll never know Dannielynn?
SMITH: She'll never. Are you kidding me? She won't touch my child. She may have touched me, but she won't touch my child.
(END VIDEO CLIP)
KING: What was that like, Carlos?
DIAZ: Well, you know, you're trying to establish the fact that she doesn't have a relationship with her mother. It was a very emotional day for Virgie Arthur, Anna Nicole's mother, in the courtroom today. She went from holding her husband's hand over her shoulder to putting her head in her hands to being moved to tears at times.
She was definitely the person who got the most emotional of the three people in the courtroom today, the three people fighting over this body.
KING: Jean, was there any interaction between the mother, Virgie, and with Jack? CASAREZ: No. I saw none whatsoever, except for Virgie Arthur to say in open court that she had never before laid eyes on Howard K. Stern, after all these years, until today in that courtroom.
KING: And the (UNINTELLIGIBLE) action...
DIAZ: There was interaction...
KING: Go ahead, Carlos.
DIAZ: There was interaction, by the way, between Virgie Arthur and Larry Birkhead. They had a hug before court started. So a kind of, you know, a coming together of those two.
KING: We have one other piece of testimony we're going to show you from Howard Stern.
Listen to some of what he asserted were Anna Nicole's wishes about where she wanted to be buried.
Watch.
(BEGIN VIDEO CLIP)
STERN: Anna was very firm, very firm on the Bahamas was her home. That's where she wanted to raise Dannielynn and she wanted Daniel to be near her. And she -- she was pretty firm on that decision. So she picked out the two double plots side by side that Daniel is currently resting in and where she wants to be, as well.
(END VIDEO CLIP)
KING: Carlos, is Judge Larry looking to become Judge Judy?
DIAZ: Oh, definitely. Sideshow Seidlin, if you will. I mean there was -- there were times today in court where he contradicted himself several times. And far be it for me to judge an honorable judge in the state of Florida. But he said this is all about Dannielynn.
And then when Howard K. Stern said that he wanted to get back to Dannielynn, the judge said well, you're going to stay here as long as this takes. He contradicted himself several times and he really seemed to be hamming it up, at times, for the camera.
KING: Jean, what's your read on Virgie, the mother? How is she doing?
She testifies more tomorrow, right?
CASAREZ: Yes, she does, at 9:30 in the morning. Well, she's quite a lady in court because she had to have tough skin today. She never showed an emotion when that videotape was running. She would write notes. She would confer with her attorney and she took the stand very calmly to testify.
KING: Do you get any read, Carlos, where the judge is heading?
DIAZ: I honestly believe that this is heading in Howard K. Stern's favor because of the fact that the independent counsel that he has signed to Dannielynn said today, in essence, that Howard K. Stern would be the frontrunner on this because he has custody of Dannielynn and she is -- she is the next of kin in this case.
I think with that video testimony that we saw today, it's an uphill battle for Virgie Arthur to say hey, I'm her mom, she loves me. It didn't look like we saw too much love there from her from Anna Nicole on that videotaped testimony.
KING: If there is an appeal, Jean, no matter what the decision, does that keep the body above ground?
CASAREZ: Boy, is that a great point, because whatever order the judge makes, that is appealable to the 4th Circuit in Florida. And I think that there would be a stay. That means the body cannot be removed for burial until that appeal is heard.
KING: Is there a circus, Carlos, around the courthouse?
DIAZ: There is a circus. Well, first off, there was a fire alarm tripped before all this started, so you had that circus going on.
And then going into court today, it was a complete circus with dozens of media outlets there trying to get interviews on the way in. There was a lot more organization coming out for lunch, where they had barricades up. But it is definitely a media circs at the courthouse.
KING: Jean, what do you expect tomorrow?
CASAREZ: I think tomorrow, Virgie Arthur will testify and then other witnesses will take the stand. And remember, the issue at hand is, number one, what was the intent of Anna Nicole as to be buried? And, number two, who, legally, can take the body under Florida law for that proper burial?
KING: Thank you both very much.
Outstanding work.
Carlos Diaz, Jean Casarez.
Up next, observances of Anna and Howard's relationship.
Plus, Anna's daughter Dannielynn -- are we a step closer to testing her DNA?
We'll ask Howard's attorney, when "LARRY KING LIVE" continues.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE:
BARTH: How would you describe Anna's state of mind after Daniel died?
STERN: From the day that -- that Daniel died, Anna, honestly, was never the same. I mean I would say that physically, she -- she died last week. But in a lot of ways, emotionally, she died when Daniel died.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BARTH: You could describe...
UNIDENTIFIED MALE: (UNINTELLIGIBLE)...
BARTH: ... the nature of your relationship with Miss. Smith.
STERN: She was my best friend, my lover, the mother of my daughter. She was everything to me, I mean, literally everything, my whole world.
(END VIDEO CLIP)
KING: There were other proceedings in L.A. today and we'll talk about them with James Neavitt, the attorney for Howard K. Stern, in a couple of minutes.
We'll go back to south of Florida, in fact, we'll go further south and go to Nassau in the Bahamas with Alex Coen, the CEO of TrimSpa.
What do you make of all this legal wrangling?
ALEX COEN, TRIMSPA CEO: You know, the way I look at it, I kind of use my common sense. Clearly, Anna wanted to be buried next to Daniel. I can't imagine why this is taking the amount of time it's taking. I certainly have a lot of respect for the judicial system. However, my common sense tells me that eventually they're going to come to the realization that Anna should be buried next to Daniel.
And unfortunately right now, her body is decomposing and that's just making it so much more difficult when there's so many other legal challenges that, unfortunately, Dannielynn Hope faces and Howard faces.
Why make this such a major issue? It seems rather simple to me. And it's also incredibly stressful and I feel horrible for what Howard is going through. My -- through my heart really, you know, goes out to him.
KING: But on the other side of that, why doesn't he say I'll take a DNA, let the others take a DNA and we'll know tomorrow?
COEN: Well, you know, Larry, I think Anna's wish right now, he wants to fulfill, and that is to get Anna buried next to Daniel. I believe after that's over, I think that you're going to see Howard now start talking about his own personal wishes. Right now it's just a matter of getting Anna buried next to Daniel.
KING: All right, why are you in the Bahamas, by the way? Are you going through with that makeover challenge?
COEN: Yes, we've got our TrimSpa makeover challenge and it certainly is not the week that we expected. Anna was really looking forward to meeting all our contestants and sharing the stage with some of the other success stories that we're going to be sharing with the world. And, unfortunately, we're here alone without Anna.
KING: Sad.
COEN: And everyone's praying and sad, I'm sure.
KING: Thanks, Alex Coen, CEO of TrimSpa.
Good guy.
COEN: Thank you, Larry.
KING: Here in Los Angeles is James Neavitt, attorney for Howard K. Stern.
Most people were focused on what was going on in Florida.
What was going on here today?
JAMES NEAVITT, STERN'S CALIFORNIA ATTORNEY IN PATERNITY CASE: Well, today the court was dealing with the hearing that -- Larry Birkhead had asked the court to allow Anna's body to be given to them so they could take DNA testing. The court originally ordered, a couple of weeks ago, that, no, we're not going to hold up the body, that there's enough DNA that the coroner has and anything you need to -- need the DNA for, they have it. So there's no need for that.
The court today said that's a moot issue today. The court in Florida is going to deal with what happens with Anna's body. And there was another matter that was before the court was they were trying to hold Howard in contempt of court, dismiss that case and the other issue was the court wanted -- or Larry Birkhead wanted the court to assert jurisdiction over the custody of Dannielynn. And the court refused to do that for like the third or fourth time.
KING: So there's nothing left in L.A.?
NEAVITT: Well, right now there's no motions pending, but as I think you've heard on the news, I got served and I guess Howard got served -- when I talked to him, he said he got served -- I talked to him probably about an hour ago -- and he got served with a motion that Larry Birkhead has brought...
KING: Which is?
NEAVITT: To bring him into the case in L.A. because right now he is not in that case.
KING: Why doesn't your client subject himself and any other who wants it to a DNA and we know?
NEAVITT: My client...
KING: It seems simple.
NEAVITT: My client is the natural father of this child. Anna Nicole said so. He acknowledged it. He's on the birth certificate. And how many people have you talked to or been involved with who are saying they're the father? I mean where does the list -- where does Howard draw the line?
So we drew the line here...
KING: So if someone is challenging it who obviously had an affair with her during that period. No one is denying that Larry Birkhead didn't have an affair with her during that period?
NEAVITT: No.
KING: All right.
Because she's...
NEAVITT: Well, during what period?
KING: During the period of time she could have given...
NEAVITT: I mean...
KING: ... she could have been pregnant.
NEAVITT: Again, those are facts that nobody knows about. Those are in the family law proceedings here. I can't discuss them.
KING: Would you agree that your client is hurt from a P.R. standpoint?
NEAVITT: Absolutely. That's not the issue. The issue is we're trying to deal with this legally. We're waiting for the proper court to make the proper orders so that this thing can be done in the right way to make sure that there is no question about whether this -- Tom, Dick or...
KING: Dick or whoever.
NEAVITT: ... or Harry are the father of this child. My client is the natural. He is the father of the child. He is the presumed father of the child. Somebody has to come into the proper court. And Howard, I mean, the attorney in -- representing Larry Birkhead has been told since October, you know, go to the Bahamas and -- and deal with it there.
KING: And she's there now, I think. NEAVITT: And she has not done that.
KING: How long is this going to go on?
NEAVITT: You know, right now they're just trying to deal with the body. That should happen quickly. It needs to happen quickly. You've heard that, obviously, that if they don't do something quickly, her body is getting worse off. And that's what Howard is dealing with right now.
As far as the paternity case that's moving along, but it could happen a lot faster if somebody would deal with it in the proper way.
KING: But that can be appealed, the body burial, right?
NEAVITT: I -- again, I don't know Florida law. I mean I'm a family law attorney in California and I wish I could be able to...
KING: Could it be (UNINTELLIGIBLE) here?
NEAVITT: Yes.
KING: So it could still linger?
NEAVITT: The issue of what happens with the body?
KING: Yes.
NEAVITT: I think if that became an issue and the court of appeals got involved, they would do like an emergency type of a hearing because, you know, obviously we don't want to leave the body laying much longer.
KING: Yes.
Thanks, James.
NEAVITT: You're welcome.
KING: Thanks for coming in.
NEAVITT: Right.
KING: James Neavitt, the attorney here in L.A. for Howard K. Stern.
When we come back, Larry Birkhead's outspoken lawyer shares her thoughts on this issue, the paternity issue, and about having her client in the same room with the other guy who claims to be Dannielynn's daddy.
As we go to break, Anna Nicole's mother in court today, talking about their relationship, mom and daughter.
(BEGIN VIDEO CLIP FROM
UNIDENTIFIED MALE: Did you and she keep in contact with each other?
VIRGIE ARTHUR: OK. I didn't hear you.
UNIDENTIFIED MALE: Did you and Anna Nicole keep in contact with each other?
ARTHUR: Yes, off and on. Not very often, though, after she started drugs. Once every three or four months I would hear from her. She'd call me in the middle of the night.
UNIDENTIFIED MALE: And what kind of condition was she in when that...
ARTHUR: Drugged. She called me one night specifically and said mom, don't go to work tomorrow. I said why? She said because I think you're going to get killed. Promise me you won't go to work tomorrow. 4:00 in the morning. I go to work at 6:00.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BARTH: I just can't sit here because Miss. Opri did just make a statement to my client that he actually killed Miss. Smith. And that was stated to him...
UNIDENTIFIED MALE: There's not going to be any of this.
BARTH: ... and I just can't -- I -- it needs to stop because I have to -- I have to protect him. I can't stand here. And I'm just asking...
UNIDENTIFIED MALE: No one is going to say anything negative about one another. I need positive vibrations in here.
(END VIDEO CLIP)
KING: Debra Opri joins us now from Plantation, the attorney for Larry Birkhead, who claims to be the father of the baby, Dannielynn. Both she and her client were present in court today.
Did you say that? did you say that Howard killed -- killed Danny?
DEBRA OPRI, ATTORNEY FOR LARRY BIRKHEAD: I'm not going to dignify that with a response. I'll tell you what I told Krista Barth in chambers. Kristy, this is not the Kristy Barth show. And her decorum in court is out of control and I think the picture is worth a thousand words and that's all I'll say.
I want to move on to the court rulings. We are very happy with them today.
We have a... KING: All right, but first let's discuss the ones in Los Angeles.
OPRI: Sure.
KING: James Neavitt was just here. He says you lost everything in L.A. today.
OPRI: No, actually, we won. The whole point of the hearing today was that Ron Rale, on behalf of Anna Nicole, argued that California no longer had jurisdiction over this paternity action...
KING: Right.
OPRI: ... because Anna was dead. The judge disagreed. Even though they're spinning the other way, the truth is California court ordered that the medical examiner in Florida will turn over Anna's DNA to us. And that was the sole purpose of why we went to Florida.
However, Larry, since we've been in Florida, we have developed new leads and what we're going to do is take the standing paternity order for the completion of DNA and hopefully we'll finish our two thirds of the pie this week in Florida.
We're going to go to the Bahamas, seek custody and seek to have the California order enforced in the Bahamas and in Florida, hoping that the judge will order DNA.
Something the public doesn't know -- and I want to spell this out as carefully as I can. There are two competing code sections. There is the burial statute, which Virgie is fighting for, and there is a medical examiner's statute, which is the guardian's fight.
And it differs because the child has to be 18 to have any rights for burial and the child doesn't have to be any age to have rights with the guardian.
We're fighting on behalf of the guardian ad litem for Dannielynn, saying that we need a DNA test so the natural father can have a say in the burial of Anna Nicole.
KING: All right.
OPRI: And that -- and so it's a big win for us today in Florida and in Los Angeles. So we're happy.
KING: What -- what were the papers you served Howard with?
OPRI: We served Howard with, in layman's terms, a motion and a notice that he is now stepping into the shoes of Anna Nicole in the California jurisdiction and he will satisfy the requirements of completing the paternity test by submitting Dannielynn to the test, much like Anna Nicole was threatened to be dragged into Los Angeles court if she didn't complete it by February 21st, we now have Howard stepping into her shoes. And we intend fully, in all three jurisdictions, to enforce the California court order. KING: When and where will your client take the stand?
OPRI: Larry is coming on the stand tomorrow and as soon as I'm done with this interview, I'll be preparing him for testimony tomorrow.
KING: And that's in connection with?
OPRI: That's in connection with the intent of Anna Nicole in terms of how she wanted to be buried and where?
KING: Larry has knowledge of that?
OPRI: Yes, absolutely. We have to know the questions and we have to know the answers. That's what good attorneys do.
KING: How, in your opinion, did Howard Stern do today on the stand?
OPRI: He was pathetic. He -- the body language was not impressive. He was sullen, sunken and he was so concerned with getting that video up that "E.T." provided, he forgot, first and foremost, to be prepared for testimony.
As an attorney, I was not impressed and the judge was thoroughly not impressed with the way that video disparaged Virgie. We have to understand in the long-term of things, Larry, that that judge has been hearing testimony and seeing things for 30 years in the family law and juvvie courts.
And this judge was not impressed with an "Entertainment" interview of a woman attacking her mother, when, in fact, Virgie, who took the stand, was plain-spoken, and she basically said my daughter was my daughter until around the time Howard K. Stern entered her life.
KING: Was it hard for your client to be around Howard K. Stern today?
OPRI: My client knows who he is and my client knows he's the father. And Howard K. Stern, I think, had more difficulty being in Larry's presence.
KING: When Howard Stern referred to the baby as his daughter, why didn't you object?
OPRI: You know, you're -- I would -- could have said, "Your Honor, I object."
And why?
Because the judge was getting very ticked off with all the objections. Our strategy was to remain quiet and let the testimony get out.
There is something else, and you brought this to my mind. When Howard K. Stern states that I am the father under Bahamian law, what he's saying and what no one knows is that under Bahamian law, a presumed father -- not a biological father -- can take legal entitlement to the custody of a child.
He will not ever say on a witnesses stand under oath, under penalty of perjury, that he is the biological father of that child, because he knows he is not. And if he wants me to hit him with a contempt action in Florida for perjury, I'll do that.
As far as that contempt action in Los Angeles, we let it go because we got what we want. We got the paternity order, we got it enforced in other jurisdictions and we're heading there. And we're off to the Bahamas as soon as we're done with Florida.
KING: Debra, finally, what's your assessment of this judge?
A lot of people are having fun with him.
OPRI: Well, I'm a New Yorker so I understand Judge Seidlin. I like Judge Seidlin. I think he has a complete grasp of the issues and if push comes to shove and he's got to make a decision, Judge Seidlin is not afraid of the hard decisions.
KING: Thanks.
Debra Opri, the attorney for Larry Birkhead.
We'll be seeing lots of her.
Up next, what Anna Nicole's mom wants and whether she's likely to get it. Virgie Arthur's attorney joins us with his view of today's court proceedings.
As we go to break, more of Mr. Stern's testimony.
(BEGIN VIDEO CLIP)
STERN: She had real problems accepting Daniel was gone. She wanted to see him in the casket. So at the beginning, before the ceremony started, she had the people open the casket. And she was just inconsolable in hugging Daniel and holding onto him. And she wanted to go down with Daniel right then. She said if Daniel has to be buried, I want to be buried with him.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: If you had one regret with your daughter, what would it be? One regret?
VIRGIE ARTHUR, SMITH'S MOTHER: One regret?
UNIDENTIFIED MALE: Yes. ARTHUR: That I was not able to get her away from drugs. One regret.
(END VIDEO CLIP)
KING: Joining us now from Plantation, Florida is John O'Quinn. He's the attorney for Virgie Arthur, Anna Nicole's mother.
From your perspective, John, how are the proceedings going in court today?
JOHN O'QUINN, ATTY. FOR ANNA NICOLE'S ESTRANGED MOTHER, VIRGIE ARTHUR: Larry, the proceedings are going very well for the mother of Anna Nicole, who I represent. I thought Mr. Stern was a pathetic witness and totally unbelievable. And I'm not concerned about his testimony at all.
KING: How did you feel about the judge calling you Texas?
O'QUINN: Calling me Testy?
KING: Texas.
O'QUINN: Oh, Texas. I'm proud to be a Texan. You know Nicole was a Texan, just like Howard Hughes was a Texan and like just like Mike Hyde's (ph) is Texan. Howard Hughes is buried in Houston, Texas.
KING: How -- John, what's the mother's main claim in this, since she was estranged from the daughter? And don't the daughter's wishes seem paramount?
O'QUINN: No. The law is the paramount thing, Larry. That's the tragedy of this whole thing. The law is paramount. Anybody can claim anybody said anything, doped up or not doped up. The law plainly says that the mother is the one to take custody of the body. She's the only blood kin left.
KING: What about Howard Stern's assertions that the mother wanted to be buried in the Bahamas, that was her wish?
O'QUINN: He said she wanted to be buried with her son. Her son would ultimately be buried in Texas, also.
KING: You're going to win both of these?
O'QUINN: Yes, sir. That's the law.
KING: Let's take another look at the TV interview with Anna Nicole that was played today in court. Let's watch a little portion of it.
(BEGIN AUDIO CLIP)
ANNA NICOLE SMITH, DECEASED: Who does she think she is?
She's just out there making money for herself. UNIDENTIFIED MALE: When was the last time you spoke with her?
SMITH: The last time I spoke with her, or the last time she beat me?
The last time I got a beating from my mother, I think I was twenty-one years old.
(END AUDIO CLIP)
KING: Now, what's your client's reaction to hearing that in court, accusations by her daughter against her?
O'QUINN: Of course, any mother would be horrified and extremely unhappy to have those accusations. Remember, this lady has raised -- my client has raised five children out to adulthood, marriage, grandchildren, et cetera, and none of the other five have ever said this.
Anna Nicole never said these things until she got on dope, God bless her soul, and got under the control of this Rasputin-type guy, Stern, who made money. He has no job. He has no way to make money except off of the publicity.
This was not a show on "60 Minutes" or even your show, Larry King. This was a show put together by "ENTERTAINMENT TONIGHT". They love to sensationalize. They paid for the show. And certainly, he had deliver something very sensational. The sensationalism was to condemn the mother.
KING: You know, "ENTERTAINMENT TONIGHT" denies paying them.
O'QUINN: Well, that's not true. There's paperwork that I have been told about that shows that there's a contract between "ENTERTAINMENT TONIGHT" and Stern.
KING: How does your client...
O'QUINN: And something...
KING: How does your client feel about her daughter now?
O'QUINN: My client loves Anna Nicole. You know how mothers are. They love their kids all the way to the end. And she just wishes she could hug and hold Anna Nicole and bring peace to her. She's passed and she's suffered a very horrible life the last five years of her life with this guy Stern, strung out on drugs. It's a really pitiful situation.
KING: John, has your client viewed her daughter's body yet?
O'QUINN: My client knows her that daughter's views -- her daughter's views was to be with the family. She's a family person. All of the family is in Texas, Larry. Every bit...
KING: No, but I asked -- I asked if your client has viewed her daughter's body. Has she seen it?
O'QUINN: Oh, I think -- I don't think that's occurred, no. She's been denied any right to see her by Stern. Stern's living in Anna Nicole's house, allegedly taking care of Anna Nicole's daughter. The guy mooches and he's -- he's got no other way to survive except to continue to live on the name of Anna Nicole or this daughter.
KING: Your client testifies again tomorrow, right?
O'QUINN: Yes. She will finish her testimony tomorrow.
KING: Thanks. John O'Quinn, attorney for Virgie Arthur...
O'QUINN: I also want to say...
KING: Yes, go ahead.
O'QUINN: Sir, let me say, I think the mother presented herself very well. She's a 28 year veteran police officer, retired with honors. All of her children have very responsible jobs. And I think this attack on the mother is just horrible and uncalled for. She's a wonderful woman.
KING: John O'Quinn, the attorney for Virgie Arthur. Thank you so much.
In our next segment I'll speak with one of Anna's ex's and find out what he has to say about the former playmate's relationship with drugs. That's next.
(BEGIN VIDEO CLIP)
SMITH: Peter is wonderful. His designs are brilliant, creative, great. What can you say? You have to love them.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
KING: We now welcome to LARRY KING LIVE Peter Nygard. Peter was -- Anna Nicole Smith modeled for his clothing company, Nygard International. He and Anna dated in 1998 or '99. Peter annually hosted, along with Norby Walters, the famed Night of 100 Stars. That event takes place every -- I'm showing it now if we put it on camera -- quick. This takes place every year on Academy Award Night.
And that's where you met Anna Nicole, right?
PETER NYGARD, CHAIRMAN, NYGARD INTERNATIONAL: Yes, that's right. Back in 1997.
KING: And what it like attraction at first sight?
NYGARD: It was. It's very easy to get attracted to Anna Nicole Smith, you know. And we did get attracted right away, and subsequently fell into a romantic relationship. I was one of many. And she started modeling for me. We did a magazine. The covers of my magazine was in all of the stores, and actually found a new lease on life at that time. She wrote a lot about it and talked a lot about it, you know, I sort of rekindled...
KING: Why did your relationship end?
NYGARD: It ended over drugs. I'm so anti-drug, and I was so committed to try to get her off drugs and couldn't.
KING: Why not? What was the...
NYGARD: She was addicted. It was just her flaw. She was addicted.
KING: Did she go for help?
NYGARD: She didn't. And after that, she had gone earlier already to Betty Ford, and she felt renewed again. And I had to constantly have her on 7/24. She was always, always had to be cared for every minute.
KING: Did you know Howard Stern?
NYGARD: I did not know Howard. I was only involved with him a couple of times after in the Bahamas, you know, over the phone.
KING: You have property in the Bahamas, right?
NYGARD: I do. That's actually how Anna got there in the first place. Anna came to the Bahamas. She said twice before -- she came twice with me to my place called Nygard Key. She loved Bahamas. She felt safe in Bahamas. Loved my place. In fact, many times since then, since we broke up, she called me a number of times and said, let's go to the Bahamas again. Let's go to the Bahamas again.
KING: Did you know Danny, too?
NYGARD: No.
KING: What is your take on her supposed relationship with the former Bahamian minister of immigration?
NYGARD: Shane Gibson, fine, fine gentleman. No relationship the way it's been portrayed. I know him very well. Shane Gibson, King Eric, the whole Gibson family is a phenomenally fine family, and welcomed her with open arms.
If he went a little above and beyond the call of duty in accommodating her, that's all it was. But Shane is happily married...
KING: Nothing nefarious?
NYGARD: No. Absolutely not.
KING: When did you last have contact with Anna Nicole? NYGARD: When she arrived at the Bahamas, she phoned me. Peter, I'm your neighbor. You know? I got a call from her. I got a call from her after Daniel had passed away. I got a call from her after Jackie Hutten was there, and she was looking for Jackie Hutten. I got a call from her, what are you doing for New Year's? Maybe four calls. Let's have dinner.
KING: So how soon before she died?
NYGARD: Last time was before New Year's.
KING: Do you think you know who the father is?
NYGARD: Absolutely.
KING: You do?
NYGARD: Yes. They both are.
KING: What do you mean?
NYGARD: They both are.
KING: Two people can't be fathers?
NYGARD: Well, here's why...
KING: You mean Larry and Howard?
NYGARD: Yes. Because Howard is relying on Bahama law. Howard is not the biological father.
KING: That's what I mean. The biological father is who?
NYGARD: Howard -- that's Birkhead. But Howard is talking about being the father under Bahama law. And if you ever ask him if he's the biological father, if it's his sperm that made it, he will not be able to say yes.
KING: So how does Bahamas make him the -- the father, if it's not biological?
NYGARD: Because Bahama law, in Bahama law, all you have to do is, the mother can just say who the father is, and that's the law. She just writes it down who it is, and that's the end of it. And Howard was advised in the Bahamas that that's all he had to do, and that's what he's relying on.
KING: But he's going to have to keep her in the Bahamas, then, right? Because someone will challenge it in the United States.
NYGARD: If Howard ever would have to really go under oath, he could not -- he could not say under oath that he's the biological father.
KING: How do you know? NYGARD: I know Anna Nicole Smith so very well. I know the Gibsons so very well. I know Jackie so very well. I'm very, very close to this situation. I know of their relationship. You know, Jackie -- or rather Anna Nicole Smith's and Howard's.
KING: You don't know Larry, though?
NYGARD: I don't know Larry. No.
KING: Thanks, Peter. Good seeing you. Peter Nygard. Anna Nicole Smith story just gets on and on.
Still to come, Dr. Joshua Perper, the medical examiner, who really did phone it in at today's court hearing. What he had to say about Anna Nicole's body during that call really shook things up. Details next.
(BEGIN VIDEO CLIP)
HOWARD K. STERN: We started spending a lot of time together probably in '97.
UNIDENTIFIED MALE: '97?
STERN: '98.
UNIDENTIFIED MALE: '98?
STERN: We were really good friends. It was after that, it was probably maybe 2000.
UNIDENTIFIED MALE: In 2000, you started to have a more personal, intimate relationship with her?
STERN: Yes. And it was not exclusive because of my relationship as her attorney, and something that we did not disclose to too many people. But -- and she had other boyfriends in between. I wanted her to be happy.
(BEGIN VIDEO CLIP)
(COMMERCIAL BREAK)
KING: Anderson Cooper is still in the wilds of Brazil. Hosting "AC 360" tonight at the top of the hour is Kiran Chetry. Kiran, a personal welcome aboard. What's up tonight?
KIRAN CHETRY, CNN ANCHOR: Hi, Larry. Thanks so much.
Well, coming up at the top of the hour, we have much more on the Anna Nicole Smith feud.
Also, fueling terrorism. We are going to find out what impact the war in Iraq is really having on the war on terror.
Plus, it's a special -- "The Edge of Disaster" -- is America really prepared for the worst case scenario? It's a stunning special report. We are going to have that and much more. John King also joins me tonight coming up at the top of the hour, Larry.
KING: Thanks, Kiran. You are going to like her a lot. Kiran Chetry.
We go now to West Palm Beach, Florida. Dr. Joshua Perper is the Broward County medical examiner. He performed the autopsy on Anna Nicole Smith. He made a dramatic call to Judge Seidlin today. What was that about?
DR. JOSHUA PERPER, CHIEF MEDICAL EXAMINER, BROWARD COUNTY, FL: Well, the embalmer who did the embalming on Saturday came today to check the condition of Nicole's body and found some worrisome discoloration, which spread on the face. And they were concerned that if we are going to do the viewing next week, then there's going to be most impossible to restore the face to normal appearance. So they said that it would be very worthwhile to do the viewing perhaps in Broward before Saturday.
KING: Or why not just no viewing?
PERPER: Well, apparently, the parties wanted to have a viewing. And I think they still want to do so. So I think that's a very good probability that indeed there's going to be such viewing in Broward.
KING: This condition, doctor, is not repairable?
PERPER: Well, no, because it's a normal process of deterioration of tissue and occurs in most anybody after three or four days.
KING: I see.
PERPER: And in this particular case, such deterioration would make the cosmetic application much more difficult.
KING: Where are her remains being kept?
PERPER: The remains are kept in a plastic bag, which is sealed inside a cage of steel, which is sealed and locked inside a refrigerator, which is also locked. In our office.
KING: Is there a lot of security, Dr. Perper?
PERPER: Yes, there's security both in the front and in the back, and we have an internal security system. The body is extremely well kept, under security conditions.
KING: When do we get the final autopsy report?
PERPER: The final autopsy report is going to be released, as I said initially, some time between three and five weeks, and I hope it is going to be as soon as possible.
KING: And then would you expect the decision to be carried out soon on the burial? PERPER: Well, I think that the decision is going to be made well before.
KING: Yes, but it can be appealed.
PERPER: Well, then that's -- that's true. Any legal process can be appealed. But I don't think that this is going to affect the burial as such.
KING: Thank you, Doctor. You're always so cooperative. Dr. Joshua Perper, Broward County medical examiner.
Ahead in our final segment -- my pleasure -- the journalist with interview everybody wanted. You will hear what Larry Birkhead had to say to Tony Potts about the court case. As we go to break, a couple of the quirky comments from Probate Judge Seidlin. Don't go away.
(BEGIN VIDEO CLIP)
SEIDLIN: You take (inaudible) just look at this wall. Don't look at the other paintings.
UNIDENTIFIED FEMALE: I don't think...
SEIDLIN: Just keep your eye on this one painting here. When a fish has a little smell, you get rid of the whole fish.
I need positive vibration in here. I ask you to sit now, Texas. I'm moving on. That's the bone I'm going to throw you.
You're a stranger. You're a good stranger.
And he has got no dog in the race other than the best interests...
(CROSSTALK)
You're not in a New England town meeting. There's no echoes.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
KING: Joining us now in Miami is Tony Potts, correspondent and weekend co-host of "Access Hollywood." Tony got an exclusive today with Larry Birkhead, to air -- it aired tonight on "Access Hollywood." Let's watch a clip.
(BEGIN VIDEO CLIP)
TONY POTTS, ACCESS HOLLYWOOD: How will you feel when you sit there and you will be across from Howard K. Stern, looking him in the eyes, and he's the fellow who is actually keeping you from your daughter?
LARRY BIRKHEAD: It doesn't make me happy, but I'm here to make sure that hopefully that doesn't happen for too much longer.
POTTS: And inside, Birkhead just a few feet away from his paternity nemesis Stern. Before the hearing started, he greeted his ally Virgie with a hug and a pat on the back before taking his seat.
(END VIDEO CLIP)
KING: Tony Potts, thanks for joining us. What was his mood, Mr. Birkhead?
POTTS: I think it was upbeat. I think he was a little bit nervous when he first looked out. He was looking around to see where the mob was. We had planned to have him meet a half block from where everybody goes in. So if you look, I'm kind of looking once in a while to see if the mob is going to catch on that we have him, exclusively, walking him into the courthouse. They never did.
He seemed upbeat. He seemed a little nervous because he just wanted to get things going. He hasn't been out. This was his first -- his first words publicly since Anna Nicole had died. And I think he wanted to get in there.
He felt that he was doing it not only for Anna Nicole, but he told me he is also doing it for Dannielynn.
I did ask him, you know, what it would mean for him if he actually gets to hold Dannielynn, and he said it would mean the world to him. I said, how have you been able to in the last couple of days, last week or so, keep the strength to come fighting here? And he says, I have a picture of Dannielynn, and I keep looking at that and that gives me strength.
KING: Did he say anything about Nicole's sudden demise?
POTTS: He said it was really hard on him, and he told me that he also had to stay in bed. He's been in bed quite a bit. It's been tough to get up and get out and what have you. Also, I imagine people are searching for him in the past couple of days.
I do think that Mr. Birkhead believes that he will at some point, firmly believes that he will be labelled as the father and found out as the father, and I think he is a little bit flummoxed, to use the word, that Howard K. Stern has not submitted his DNA as of yet, but it sounds like that is going to happen shortly.
KING: What did he tell you about the prospects of being in the same courtroom with Mr. Stern?
POTTS: He wasn't too happy about it in one sense, but I think he's also very competitive. He's a fighter, and I think he kind of relished the fact that he was going to be in there. He feels like he has good counsel with Debra Opri, and he also feels that he wants to get this done, he wants to get it out there.
He truly believes he's the father. And like any father, if you feel that's your daughter, and you have had not a chance to wrap your arms around her for six months, you're dying to get out there, not so much for yourself but if you truly believe it's your daughter, you want to do it for her.
KING: Peter Nygard, a former boyfriend and still friend, or was right until her demise, a friend of Anna Nicole Smith, says there are two fathers. He says Larry Birkhead is the biological father, but Howard Stern is the legal father by virtue of Bahamas law. What do you make of that?
POTTS: That's true. I have been to Peter's house. He's a nice man. He's very philanthropic. He helps a lot of people. He obviously helped out Anna Nicole as well.
I think that's true to an extent. But we're going to see what happens now with California and Florida putting the pressure on the Bahamas. But just because you say you're the father, especially the way we work things in the United States, does not mean you are the father. Paternity tests will likely prove out that Larry Birkhead is indeed the father.
I think it's very interesting that also, you ran some clips about Judge Seidlin, and I heard today from good sources that higher-ups in the judicial system there are saying -- and putting some pressure on him to maybe ratchet it down a bit.
I don't know. I kind of like it. Once in a while, it's a bit frustrating because it goes a bit slow, but I do think he's taking a wide scope. It's almost like a tree. He's building a tree and seeing what branches that he wants to look at, which ones, where does he want to go, what branch do we want to go out on. And it makes I think for good TV, but also kind of helps maybe to bring the layman, the public, all those of us who are not lawyers, in on what's actually happening. I kind of like it, Larry.
KING: That's true, Tony, in family court and probate court. There are a lot of judges -- Judge Judy is a classic example. Very bright, very intelligent, but flamboyant.
POTTS: Absolutely. One of the things I want to tell you that Larry Birkhead said to me, and I thought it was interesting the way he worded it, because we were talking about how the way Mr. Stern worded that he believes he is the father. Larry said to me, I want to go in and I want to have the court hear Anna's wishes as she said them to me, which made me think that he has something maybe a little bit up his sleeve. Maybe she told him something different of where she wanted to be buried and what she wanted to have happened to her than what Howard K. Stern is saying has happened. So I would look for that tomorrow, because Larry is going to be on the stand tomorrow.
KING: Tony, we only have a little amount of time left. How long does this play out, this story?
POTTS: Oh, boy. I was surprised today when Perper called on the phone and he said the body is deteriorating, and judge said he had -- thought he had three or four weeks, or two or three weeks for this. I think it plays out for quite a long time. I think we're not going to hear the end of this. There are so many lawyers involved, as you saw today. It's taken us just this long just to figure out when the body and where it can be buried and who's going to have it, Larry.
|
|
Transcription Goddess
Joined: 23 Mar 2006
Posts: 23391
Location: Puffed Up DimWit
|
|
|
|
|
|
|
| Heli
Posted:
Wed Feb 21, 2007 11:14 pm |
|
|
|
This is an excerpt only from February 21, 2007
Larry Birkhead
Judge Seidlin:
Now she's pregnant, what happens next?
Larry:
In April, 2006 she called me to come to the hospital
Seidlin:
Are you still with her on many of those nights?
Larry:
Yes, sir. She called me to come to the hospital because she was having pains. She told me that she had gotten rushed to the hospital and I was worried that something was wrong with her and the baby. She said "Don't worry, I'm okay, the baby's okay" "You want to know what the baby is?" I said "You went to the doctor without me?" Because we had been planning on going for an ultrasound on a scheduled visit. She said "Don't get mad, I had to". I asked her "What's wrong?" and she said "I'm okay, just come see the baby" and she just kept saying over and over "Do you want to know now?" but I told her I'd wait until I got there.
She was in the hospital for two weeks because she was trying to get off medications or she was having adverse reactions to medications while she was in the hospital or previous addictions to medications before she went into the hospital. At that time I stayed with her for two weeks, in the hospital bed next to her while Mr Stern slept on a cot in the corner of the hospital room.
Seidlin:
For two weeks?
Larry:
Yes sir. At one point they had her on a drip, trying to wean her off, am I allowed to say the drug?
Seidlin:
That's alright
Larry:
What happened was, Mr Stern and she had packed a duffle bag and brought it
Seidlin:
So she's pregnant and she's taking medication
Larry:
She was taking medications before and during the pregnancy
Seidlin:
Were you concerned about that?
Larry:
I was very concerned about that
Seidlin:
Why?
Larry:
Because we had already had one miscarriage and everytime she put something in her mouth, I thought that, I thought that, if
Seidlin:
It would affect the welfare of the child
Larry:
And hers as well. So we had a couple of clashes in the hospital room because she and Mr Stern brought in a duffle bag and when there wasn't enough administered through the drip she was on, they were taken out of the bag and taken on top of the drugs that were given at the hospital and thwarting the efforts by the hospital to get her off the medication.
Seidlin:
than what happened if anything?
Larry:
So after that, at one point she was on a suicide watch in the hospital and I caught her getting up and she was ripping the IVs out at night and I was trying to tell her, to try to stop her from doing so. I was trying to help her back and forth to the bathroom and Mr Stern was assisting her.
At the same time we were in the hospital she had good times and bad times , you know how she was reacting to the treatment plan and she maintained a baby book in the hospital where she wrote my name in it as the Daddy and I put my thumb print and she put her thumb print as the Mom and I felt sorry for Mr. Stern because I knew he had no role but I knew his interest in her and I knew his level of interest and I didn't want to offend him
Seidlin:
And what was it?
Larry:
He was romantically interested in her and his long standing interest in her as her friend, long before me. I felt
Seidlin:
You believed in his bona fides as a friend and a hopeful love partner
Larry:
So at that time I said to her "Howard's over here, I feel kind of bad for him" and she said "Here Howard, you put your thumb print here" and she wrote "Uncle Howard" in the baby book. Then we stayed in the hospital and she had complications from the plan they were putting her on. Her body wasn't agreeing with it . One time she tripped over the IV cart late at night, she was pulling out the IV , she said I was yelling at her, but I said her name loud because I didn't want her to fall because she got up when I was sleeping and when I got up she took that as me yelling at her and I think she was just sensitive at the time and she asked me if I would leave or she was going to push the security button and so I left.
Two days later she called me and wanted to know where I was. I reminded her she asked me to leave and she didn't remember.
Seidlin:
Did she speak to her mother during that two week stay in hospital?
Larry:
Not that I'm aware of but after that stay in the hospital, she returned home to her home in Studio City and I came back, I think that was right before Mother's Day, the first week of May and there was still some agitation about the medications and so I would oftentimes correct her and say "please don't take this" and she would take the medication against, the wouldn't follow the label on the medications. She would sometimes take double, sometimes the dosage she felt like she needed and I asked her why she did it and she said because she had a high tolerance and I told her whatever she was doing could affect the baby, please don't and a lot of times as a substitute for a drug, even though I'm going to say a drug I mean prescription drug, I suggested why don't we try something that was over the counter that would be less harmful to her and the baby and as a substitute and sometimes she would break out in a sweat from the pain she was in and thank me for helping her and sometimes I would massage her just to keep the pregnancy pain and the pain she was having, as a substitute for any kind of medicine.
Sometimes she would send me to the store to get something that she was craving and I would come back, 30 minutes later and she couldn't talk and I'd say "what are you doing". In one particular point she slipped into what I'd call a seizure-like state and I had to help her to the bathroom and pick her up and take her and put her (becomes emotional and unable to speak)
Seidlin:
Okay take a break for a second What date was that
Larry:
It was May, 2006
|
|
Transcription Goddess
Joined: 23 Mar 2006
Posts: 23391
Location: Puffed Up DimWit
|
|
|
|
|
|
|
| Heli
Posted:
Thu Feb 22, 2007 8:09 am |
|
|
|
LARRY KING LIVE
February 21, 2007
It was quite a day in Broward County, Florida today. And lots of guests tonight to back it up.
We begin in Fort Lauderdale with Jean Casarez of Court TV News, correspondent for daytime trial coverage. She's been covering the legal battle over the body and was in the courtroom, as was Carlos Diaz. He's in Plantation, correspondent for "Extra." He was also in that courtroom today.
Carlos, the very people fighting over the body all went to see the body.
Was that a little macabre?
CARLOS DIAZ, "EXTRA" CORRESPONDENT: Well, it was a situation where it wasn't all the people. It was Anna Nicole Smith's mother, Virgie Arthur, and it was also Howard K. Stern who went. And we learned that it wasn't a showing that -- basically it was a showing that was drummed up as nice as could be in the medical examiner's room.
They actually made it look as much like a funeral home as possible. A local funeral home came in, did up Anna Nicole Smith in makeup, put her in a dress, put her in an open casket. And the people that we talked to said that it was about 90 percent like a funeral home, as much as possible, so you'd have a favorable showing for Virgie Arthur and Howard K. Stern.
KING: Jean, we're getting so many different variations of what was the big story today, because so many different things happened.
From your viewpoint, what was number one today?
JEAN CASAREZ, COURT TV CORRESPONDENT: Oh, boy. I think it would have to be in relation (AUDIO GAP) because (AUDIO GAP) in this court, in this probate court, Howard K. Stern did not want to talk about it.
But the judge said look, I've got to see if she was able to form an intent -- an intent to buy the plot, an intent on the video of where she says that she has disowned her mother.
And so finally Howard K. Stern had to admit that she had used methadone, but she hadn't used it for five months.
So what does that mean?
It means that she was using it when she was pregnant.
KING: Carlos, was this a bad day for Howard Stern?
DIAZ: I think it was a bad day for Howard K. Stern because it's quite evident that the judge in this case does not really like Howard K. Stern that much, if you listen to what he said. Every time that Howard K. Stern spoke in court, the judge said, "Answer the question yes or no and stick to the question. Don't elaborate."
Now, when Virgie Arthur was on the stand, he let her talk forever. And when she didn't know the answer to a few questions, she actually said, "I don't know how to answer that."
Well, it's either yes or no.
But the judge did not go there. And then, at the end of the day, the judge said that he loved Larry Birkhead. He said basically when Larry Birkhead was on the stand, you know, I really think you're a good witness. You're doing a great job.
It's quite evident that this judge is looking unfavorably at Howard K. Stern right now.
KING: All right, Jean, we're going to ask you about the mother.
Anna Nicole's mother, Virgie Arthur, was back on the stand today. Emotional testimony. Let's watch a little.
(BEGIN VIDEO CLIP)
VIRGIE ARTHUR, ANNA NICOLE SMITH'S MOTHER: Please, Vickie, baby, Danny is gone. And then you're going to be next. Please pay attention to what's around you and who's around you. Please be careful. I said that on national TV because I knew she was going to be next. My grandson did not overdose. Howard was there when he died. And Howard was there when he died. And Howard was there when my daughter died.
UNIDENTIFIED MALE: I'm going to move to strike this as being non-responsive...
ARTHUR: And he has my granddaughter now. It's not even his child. And I'm afraid for her life, as well.
(END VIDEO CLIP)
KING: Jeannie, what kind of day was it for Virgie?
CASAREZ: It was a tough day for Virgie Arthur. On cross- examination, Krista Barth, who is the attorney for Howard K. Stern, absolutely went like gangbusters to her because of all the passion that's inside this a | |
|
