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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46. i think your right sara jones! why did'nt i think of that! i'm such a MORON!!!

Posted at 4:19PM on Feb 9th 2007 by kr

47. Bashing ANYONE who has passed away is not right! God is the only person anyone will have to answer to. I just pray that whoever gets custody of this precious little girl will stop all this nonsense. All she needs to know is that her mommy loved her, and whomever she is with loves her. The sad thing, she'll never know her mommy & when she grows up, looks for answers, she'll get to read all this nasty stuff being said, SAD. I believe God will take care of this angel and place her with someone who loves her for her! My prayers go out to everyone who has been touched by Anna Nichole, may she finally have the peace deserved by all.

Posted at 11:35AM on Feb 9th 2007 by lm

48. Adoption should be the very last resort.AS of now ,it's not even up for debate !!! Someone is the Daddy and I can bet that's it's not that weirdo guy Howard K. Creepy as one woman posted. I hope it's Larry,as I feel he has been used by Anna,like many other's .

Posted at 2:38PM on Feb 9th 2007 by Vickie

49. SICK.. and here is the leaked video of her last tragic moments.. GEE.. wonder if Howard got to the bank before it closed to cash in?????????

http://www.liveleak.com/view?i=726f2c9700

Posted at 11:04AM on Feb 9th 2007 by savanna

50. Dude, are you kidding, give her to Anna's mother? Did you see that skanky bitches interviews and the way she talked about Anna? There is a reason Anna was a screwed up as she was and it was her mother!! Yeah, let's give the baby to her! WTF?

Posted at 12:12PM on Feb 9th 2007 by Zues

51. ODD how 2 of the 4 people (Daniel, Anna, Howard, Larry) who KNEW who Dannielynn's father is are now DEAD and HKS just happened to be with BOTH OF THEM!!! ?????????? Watch out Larry.....don't let HKS anywhere NEAR YOU!

Posted at 11:05AM on Feb 9th 2007 by tk

52. This woman is ridiculous, she doesn't know any more than anyone else does and has absolutely NO PROOF that Larry is tha father. Who is she to say that Anna's daughter should go to a woman who Anna herself hated?? This stupid staement proves that Larry's lawyer does not care what Anna wanted ....she is a fame whore just like her client. I think she went on national news and made a fool of herself and her client AND she made a mockery of the legal system. I hope to God that Anna had a will and made Howard K. Stern the baby's legal guardian AND that Larry and his idiotic attorney cannot touch ANY money that might come that baby's way. I think every word that comes out of Larry's mouth and his attorney's is b u l l s h i t.......

Posted at 11:16AM on Feb 9th 2007 by veronica

53. I hope Larry is happy now! Those people didn't even give Anna time to deal with the death of her son!!! You are a shame to the human race!!! All it has been about from the start was the money and now you can't even wait until she is cold before you make it about the money again.. GOD will get you for this. She lost her son and you kept stabbing her until now she is gone. How can you and your "lawyer" look at yourselfs in the mirror?

Posted at 11:30AM on Feb 9th 2007 by Veronica

54. Listen to all you people saying Howard K. Stern will not give a dna sample that is not not true. Anna would not submit her baby to dna testing so that they could match it against larry. She kept saying why should she as Howard is the daddy and she does not have to prove birkhead is not.

So to all the reports from this lawyer who likes to represent losers (jackos parents) the father listed on the birth certificate is the one who gets automatically custody in any state. A court can over rule if they want but until the court does the custody belongs to Howard K. Stern as he is listed on the birty certificate as the next of kin.

Common sense people and to you to tmz for reporting half the crap you do.

See you idiots do not use common sense as Howard K. Stern does not have to submit dna testing. What birkheads lawyer wants and what birkhead keeps saying is that they want to do a quick swab inside the babys mouth and then let his dna experts check it against his (birkheads)

The one listed as the father is nottttttttttttttt required to prove he is the father since Anna listed him on the birth certificate.

Posted at 11:11AM on Feb 9th 2007 by jen

55. This whole story is just too crazy.You couldn't make all this crazy up. The truth is if you have ever watched any of her many interviews you would see that she hardly ever took care of the baby. The nanny or help was always taking care of her. Sure she loved the baby but she wasnt her main caregiver,she couldn't. She was too doped up.I think ss should place her until all the crazy is figured out.The saddest part is that baby will only have the t.v. to know what her mom was like, and after all her crazy public stunts that is truly the saddest part of this whole story.

Posted at 6:01PM on Feb 23rd 2007 by blhrm5

56. i think larry is the father! why would he claim to be so if he wasnt ? he obviously thinks that there is a very good chance that he could be, so why do you people just disregard his opinion entirely? as for anna's mother getting dannielynn until test proves who fathered her, is ridiculous!!!! i would say maybe one of the aunts or even her sister, but not her mom!

Posted at 2:15PM on Feb 9th 2007 by Ashely

57. The media needs to focus on the fact that she was a real person. Not some cartoon character. She was a mother, a daughter, a sister, etc.

A Seattle radio station announced her death yesterday then proceeded to mock her and make statements that she was not a real person. I was so angry about that.

Leave her alone and let her rest in peace with her boy.

My view is from the onset of the deatoh of Daniel, she was even more sedated on prescription and possibly non-prescription drugs. I don't think she had enough lucid time to really understand the full impact that she was a new mother. All those little moments are lost in a cloud of drugs. If it was an accidental overdose, suicide, choking on her own vomit due to those things- it was a woman in deep pain. Celebrity or not. Just a mother.

Shame on the ridiculous women that filed that lawsuit Tuesday, it had to be just one last attack on her already broken heart and mind. Shame on Birkhead- who runs up $300,000 in legal bills? Please- you file a motion- it's very simple. He is a fool without money seeking money. Shame on the Marshall family for kicking her out of her home and taking her monthly 50k allowance and starting that whole battle. At the end a 9 to zero supreme court ruled in her favor. The above mentioned all wanted a piece of the cash. Despicable women Janet Luna and the rest of you fools.

How much can a person take?

Posted at 11:35AM on Feb 9th 2007 by thumbelina

58. For God sakes don't give that child to Anna NIcole Smith's mother. That would be the very LAST PERSON Anna would have wanted that child to land. Let's have the DNA tests and find out the praternity soon.Very soon.

Posted at 11:38AM on Feb 9th 2007 by Paul Kline

59. Maybe this little girl would be better off in foster care until they firgure out who her dad is. Hopefully not Stern, everyone turns up dead around him.

Posted at 12:17PM on Feb 9th 2007 by sa

60. Beyond comprehension? C'mon. I am sorry she is dead, but anyone in the world could have told you that she was gonna go this way!

Posted at 11:23AM on Feb 9th 2007 by Eli

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