Attorney: "This is beyond comprehension"

TMZ spoke to Larry Birkhead's attorney Debra Opri, who called this case "such a tragedy" and "beyond her comprehension."
Larry Birkhead and Debra Opri
Opri tells TMZ she is on her way into an emergency court hearing this morning to ask a judge to order Anna Nicole's DNA to be tested. Opri says that as of now, "there is no known biological father at this point in time. Larry has been prevented from giving a DNA sample, Howard K. Stern has refused to give a DNA sample." She says that Anna's mother, Virgie Arthur, is currently the only person who is legally Dannielynn's next of kin. Opri says that Anna's daughter should be given to Anna's mother until this is all sorted out.

As for Larry Birkhead, Opri says he will not be at today's hearing as he is beyond distraught over the death of Anna. Opri says, even with all of the drama between the two, "Anna was the love of Larry's life."

Reader Comments

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16. Thank God this woman is a lawyer and not a judge. That child would get better care with a pack of hyenas that with that pathetic excuse for a woman that calls herself Anna Nicoles mother.

And to Faby, that blood relative crap being best for the child is just that....crap. If you don't believe that just look at how Anna Nicole's family treated her. It's not who shares your blood, it is who shares your heart.

Posted at 10:26AM on Feb 9th 2007 by ohmygod

17. oh yeah right give her to the grandma. Why don't they just throw her under a
truck? It would be a lot more merciful

Posted at 10:27AM on Feb 9th 2007 by zelda

18. Since the baby was born in the Bahamas doesn't that make her a Bahamian citizen and couldn't she be placed in their social services system? Would authorities there HAVE to send her back to the U.S., if she is in fact still in the Bahamas.

Posted at 11:27AM on Feb 9th 2007 by LC

19. larry birkhead is a evil person.... those who are siding with him are stupid and ignorant!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted at 10:19AM on Feb 9th 2007 by iluvannanicole

20. Anna Nicole would not have wanted her little girl to be put in the custody of her mother! She stated her hatred for her mother on national television. Her mother would use this little girl, just as she's using anna nicole right now, for her own gain. This entire suituation is going to be hell for the little girl already, leave her in the enviroment she's used to for the moment. She has lost a mother, at least let her stay until they have a paternity test to prove whose daughter she is. At least then she won't be bounced around as much. I'm sorry to say but nobody involved in the suituation seems trustable! Which is extremely sad for the child!

Posted at 10:23AM on Feb 9th 2007 by candles

21. The truth of who this babys daddy is needs to be settled for once and for all. Her mother is a fat disgusting pig and doesnt deserve that baby. Howard killed her son and now her---- who is next? Is the baby gonna die now?

Posted at 10:37AM on Feb 9th 2007 by Jaq

22. Anna had it all. Beauty, fame and wealth. But it wasn't enough. It's so sad she ended up this way. I pray that she is at peace now. As for that baby, we all hope her best interest is taken into consideration. I wouldn't trust anybody with her, since so much money is at stake. It seems they all want a piece, Larry, Howard and her mother.

I hope the truth comes out for Dannielynn and she is given to the person who really cares about her, not the money her mother left behind. It makes me so sad that our society is so taken with money. That little girl is worth more than that.

Rest in peace Anna. No matter what your choices were on earth, you deserve to be happy now.

Posted at 10:34AM on Feb 9th 2007 by Jill

23. I do beliver that Larry is the father...If he wasn't why wouldn't Anna just have the test to shut everyone up...He has been fighting for his parental right..I have to give it to the guy..alot of guys would be glad to not have the obligation..I think he really loves the baby and deserves a chance with her to be a Dad..
Howard is a wacko......he has ben involved in all this somehow..Why don't they start checking into that..

Posted at 10:55AM on Feb 9th 2007 by BONNIE

24. Please forgive me for saying this. I know that Anna loved that baby dearly but only she knows who her baby's father is. Somehow I wonder Anna had a very immoral side to her and it was so strange that her son died (committed sucide ?) right after the baby was born.,And since Howard Stern want take a paternity test is it possible that Daniel is the baby's father. I know this sounds sick but this whole story has been very strang and Anna seemed to really love her son almost in a unnatural fashion. I have 2 boys and I love them dearly but I would never do some of the things in front and to my boys that Anna did. I am not bashing her beacause this is very sad for that baby, because she didn't want her mother to get her. If the facts are whats being passed around which maybe are not and Anna asked the guy from Myrtle Beach to put his name on the birth certificate. WHY???? Many ??? Questions and more to come. Stranger things do and have happened.

Posted at 10:42AM on Feb 9th 2007 by Dawn De Leon

25. If there was not a lot of money involved no one would want the kid


linda

Posted at 10:30AM on Feb 9th 2007 by linda

26. I believe the child should be with someone who really cares for this little girl.. I was never fond of Anna Nicole... but I do admit that she has had a real struggle of a life and I just think it is very sad that it has ended this way.
I do believe Howard Stern was the downfall of her son and of Anna. I do not believe he should have custody of Anna's daughter. He would just use her for the attention and try to make money off of her...

Posted at 11:47AM on Feb 9th 2007 by Darkness

27. OMG! To Anna's mother? She's as fucked up as Anna was, but without the drugs!!! That lady is an attention whore and does not deserve to have a granddaughter! Larry is the father, everyone knows it. The child would be much better off with him than Howard.

Posted at 11:56AM on Feb 9th 2007 by Danielle

28. I am disgusted by the whole thing. One , let's face facts, since Howard K. Stern has been around two people are dead. Two people that had a direct link to the money. He should be the last one to be given danilynn until a paternity test proves he is the father. I dont know if that will matter though since his name is on the birth certificate. Second, how could no one have reached out to her to help her, she was so beyond obviously drugged on the latest set of interviews that were given. It is such a disgrace. I agree, let her rest in peace, but what kind of woman would have kept her daughter from knowing the real father, there is no way it was Howard. That is a trajedy. I hope they fight her from her grave to at least give her child a chance, god knows she wasnt able to. Stop treating her like she was such a martyr, she lied, was an addict who refused to seek help, she certainly didnt act in her daughter best interests and if the stories are true about Howard and the methadone she didnt act in her sons best interests too. How could she when she was barely able to speak her own name.

Posted at 10:36AM on Feb 9th 2007 by Renee

29. Howard K Stern killed Anna Nicole Smith and the baby is probably next on his list!

Posted at 10:37AM on Feb 9th 2007 by Frankie

30. Her mother might be the next of kin, but Anne was not speaking to her mother at the time of her death. She fought so hard for what she believed in life. I don't think she would want the baby girl to go to her mother even if she is the next of kin. If Larry is truly the father now is the time to step up to the plate and finish the battle you started. As for Howard he is always at the wrong place at the wrong time. As for Anne, god bless you................................

Posted at 12:05PM on Feb 9th 2007 by Judy

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