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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31. What is the point of getting DNA from Anna, she gave birth to her, it is her child!?

Posted at 10:44AM on Feb 9th 2007 by J

32. And now Janet Charlton is reporting that Daniel Smith may be the father of the baby, which is why Anna was so reluctant to permit a DNA test. If that's the case, it's TOO CREEPY FOR WORDS!!!

Posted at 10:46AM on Feb 9th 2007 by madam pince

33. Hello has anyone heard of post natal depression!!! Iam not surprised and i feel the greatest sadness for her and Daniel and now the baby. Daniel was hers no matter what since she was 17, that bond can be the most heart breaking. You dont remember who u r with out them. Yes she was tragic but she loved Daniel and unfortunately the baby is just a baby who has not made a mark like a son of 20 yrs.

Posted at 9:46PM on Feb 11th 2007 by susanna

34. I feel so sorry for that poor little baby. If all of her so called family ( including her fat ass mom) loved her so much, where were they when she needed them and why does it take a tragedy to have all of your so called loved ones show up? I don't think Howard or the mom should have the baby. I think they need to do the DNA and find out the real father and let this poor baby live a normal life and grow up with the love she deserves. They all need to stop using a human being to get attention and for revenge. It will be hard enough on this child growing up without her mother, and she deserves to know the truth more than anybody else does. God rest Anna and I pray that her little girl find happiness

Posted at 10:50AM on Feb 9th 2007 by Stephanie

35. I think OJ did it

Posted at 10:54AM on Feb 9th 2007 by sara jones

36. Pliggernease

they say they are testing her DNA to make sure no one switches the baby to make it look like that scumbag Birkhead is not the father. It is his lawyers and doctors who requested the DNA test

Posted at 10:48AM on Feb 9th 2007 by disgusted

37. i think the baby should go to brittnay spears! she would be perfect!

Posted at 10:48AM on Feb 9th 2007 by kr

38. That bitch lawyer is a nasty pit viper! I can see now that all kinds of people will be trying to get custody of the little baby, because she stands to inherit all of that $$ from Anna Nicole's lawsuit in Texas. It is sad, because they should be more concerned about raising her and giving her a stable environment, not getting their hands on her $$.

Posted at 10:50AM on Feb 9th 2007 by Snowball

39. Here is what i say. Let them go to court to first settle the money issue from the old millionaire. Let Anna win BUT of course the heir would be the daughter. Have a stipulation that the money is to be put in an account that cannot be touched until the daughter is 18.

This way none of the guys or the mom can touch the money. Only the daughter. This will stop all the ideas of people just wanting the baby for the money. If that is true(which i do think it is) all the gold diggers will go away leaving the person that has the child best interest at heart.

The end of the story will be...Anna fought for so long to settle that case but in the end it was her new born daughter that was given the gift. This little girl will never be able to get away from her mothers shadow. Atleast she will have the chance to start her adult life with not to much struggle when it comes to income.

I think that would be perfect ending. She gives her daughter the life she never had. Rich right from the beginning.

Posted at 11:10AM on Feb 9th 2007 by Steve

40. Oj did it

Posted at 11:46AM on Feb 9th 2007 by sara jones

41. I believe that Howard is fine to take care of her while this whole mess is sorted out. I can't believe that he has ever been in it for money. He was gaga over Anna Nicole.

I wish a judge could intervene and put the baby in a loving home. How about Jennifer Anniston. At least she wouldn't be in it for the money.

Posted at 10:59AM on Feb 9th 2007 by imitalian

42. Anna didn't like her mother because her mother didn't want her to be a druggie. She loved Howard K Stern because she loved drugs and he enabled her. Howard K Stern didn't love Anna or he wouldn't have made sure she had drugs all the time. Larry loved Anna and didn't enable her, therefore she didn't want to be around her.

Larry loves Anna loves Drugs loves Howard loves Money.

Posted at 4:35PM on Feb 9th 2007 by ans

43. ANSWER TO DNA QUESTION BEING ASKED

The reason that the guy wants Anna's DNA is simple he wants to make sure that the baby being tested is really Anna and not a switch.

Here is the deal. If they just test the guys (and the baby is not really hers) it will come out that the kid is not so-and-so. But if they have her DNA they can prove that the baby did come from her and that the other half of the DNA is tested against the other 2 guys for proof positive.

I mean how bad would it look if non of the guys are the kids father. So they just want to do it this way so that there isnt that, "Well that wasnt the real child"

This is not my opinion. They were talking about this on FOX news and this is what the answer was.

Posted at 11:10AM on Feb 9th 2007 by Steve

44. The birth certificate has a father's name listed. He may or may not be the father, but that is obviously who Nichole wanted. Personally, if the courts should just make sure that any money the child will inherit from future lawsuits goes into a trust and not available to any party fighting for custody. If the final guardian of the child had to pay to raise the child for the next 18 years, you can see who is still fighting in the end..

Posted at 1:55PM on Feb 9th 2007 by kat

45. Do you ever notice when Howard K. Stern is being interviewed , and is asked questions about Daniel's death, or the baby he gulps repeatedly?
Is it guilt or a furball???

Posted at 11:10AM on Feb 9th 2007 by angel

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