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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76. #57..hilarious....yeah it was in florida, I am sure he did hahahhahah...

Posted at 1:22PM on Feb 9th 2007 by Miapocca

77. These crazy men that are obsessed with Anna Nicole ( Howard and Larry) really REALLY need to get a life. There is so much more to life than big boobed, drug addicted sick dependant women! GET A LIFE~!

She was a total train wreck......R.I.P.

and to give the baby to that crazy family --mother does not even have teeth does she?

Posted at 12:01PM on Feb 9th 2007 by seattlepeace

78. I keep laughing about Larry Birkman is a evil person. But I thought K-Fed was an evil person because he didn't care for his kids. Folks, you can't have it both ways. Wanting to be a father is so rare to so folks that if a man says he wants be a good father people starting calling him names like murderer or killer. The simple thing about this whole situation is ANS was a drug adict, she lived a out-of-controlled lifestyle and it killed her. I believe that ANS was sweet person sometimes and was likeable, but the truth is the truth no matter if that person dies and we want to start believing something else.

Posted at 12:20PM on Feb 9th 2007 by Lenn K

79. I'm with you BOTH #54 & #57, I think HOWARD K. STERN is someone to be watched. I think he has never shown any true affection towards Anna and was noting more than her drug dealer. I think he contributed to both her and Daniels death and married her to insure that he would have total control of her estate if she would just so "happen" to overdose like her son did.
As far as it goes with ANNA's MOM, I don't think in any of the interview's she sounds like a monster in anyway. She sounds like a sad woman whose daughter turned into a former character of who she used to be. Her Mom was right in saying that Anna was a totally druggie, we have all seen the same TV interviews as her and have and have had the same reactions! The last interview I saw of Anna Nicole last week she was talking about how much she missed Danny, again, and she was barley decipherable, she sounded so impaired by drugs! SUCH A TRAGEDY!!! I WILL MISS YOU ANNA NICOLE! I HOPE YOUR DEATH BRINGS YOU CLOSURE AND BRINGS YOU BACK TO YOUR SON AGAIN, MAY YOU BOTH REST TOGETHER IN PEACE.

Posted at 12:27PM on Feb 9th 2007 by A FAN OF ANNA NICOLE

80. I have been following Anna's tragedy since her son died. And Larry has been in the ring since Danielynne was born. He is not looking for the money!!! you idoits!!! Why does everything come down to money when there "is" money in the family. He is trying to be a part of "his" daughter's life. He HAS that right. And if Howard K "Creepy" is the father, he is a lawyer, he should do the right thing and do a DNA...the problem with that, is he KNOWS that he is NOT the father. If they do a DNA he will look "as he is" like a real BUTT...

Posted at 12:42PM on Feb 9th 2007 by Vickie

81. I think that Howard K. Stern Is completely responsible for the Death of Mother and Son. Think about it, who was the one giving the methadone to Daniel the day he died(claimed an eyewitness) and then was seen by the same person alegedly flushing down the evidence? Now Anna is dead in what appears to be similiar in design. By the way, If Anna was actually choking on vomit why didn't the bodyguard mentioned this while administering CPR? What about the first person on the scene, Anna's private nurse ,didnt she now about clearing an airway obstruction? Nice job, for two professionals if you ask me. Howard K. Stern , with his name on the Birth Certificate thinks he gonna profit of this twisted and heartbreaking tragedy, he better think again

Posted at 12:07PM on Feb 9th 2007 by Rebecca Brandi

82. Hmmm let's see does her death seem a little suspicious???? Howard Stern, a lawyer who knows the law inside and out seems to be the prime suspect to me!! He goes on national T.V. with Anna during her interview after Daniels death and everyone could tell that she was high on something, why would he let her do that.....only to prove to the world that she used drugs.....its perfect, why would any one be shocked that she overdosed!! No one would ever suspect that HE gave her the drugs to kill herself because she did it willingly most of the time!! All parties involved in this sad situation are out for one thing only.....MONEY....not the best interest of that innocent baby girl. No matter what she did in her life she was still a human being and that baby girl is still the only innocent one in this situation!!

Posted at 12:04PM on Feb 9th 2007 by Codee

83. Only goes to show that blonds do have more fun but it's temporary and tragic..marilyn...anna nicole... and there is always bad evil scheming men behind it all keeping them drugged up and out of it until they die of so called natural causes and the baby come to find out has drugs in it's system..what a poor poor child even though she will be dollar rich..if sterns the father..you can be sure the baby will turn up dead next

Posted at 12:08PM on Feb 9th 2007 by jena

84. Why don't guys read up on why DNA is required of the mother! At her age and for women who are older a "gift egg" is not uncommon. It would still legally be her child but DNA is important for other reasons besides paternity. It also can help in detemining hereditary diseases from either Smith or the donor if that proves to be the case.

Posted at 12:12PM on Feb 9th 2007 by Pat Fowler

85. REST IN PEACE ANNA
MY PRAYERS ARE WITH YOUR LITTLE GIRL, LET'S GET THE PATERNITY TEST DONE AND GET THIS OVER WITH. THAT LITTLE GIRL NEEDS TO BE WITH SOMEONE WHO IS GOING TO LOVE HER.

Posted at 12:18AM on Feb 11th 2007 by CHERYL

86. OK, enough is enough. JRO,FABY and all you other people out there that really believe that is little girl belongs with Anna's mother. For God Sakes!!! Are you crazy? Look what happened to Anna. This so called mother has had no contact with Anna nor the Baby. If you really want to know what type of so called women she is do some research on Anna's childhood.
Do the paternity test and settle this matter once and for all. The sooner the better. Let Anna Rest In Peace

Posted at 2:51PM on Feb 9th 2007 by DC

87. I believe Anna Nicole had something to hide - I believe the baby has/had drugs in it's system, otherwise this could have all been taken care of right away. Anna Nicole has a history of keeping children from their father. She was so selfish, she did not allow her dead son's body to be viewed by his father, paternal grandparents, aunts, uncles, etc. How cruel can you be? Sometimes you have to put aside your pettiness and think of others.

When CNN compared Larry''s baby picture side by side with Danilynn's, the pictures were identical. Frankly, I was wondering why social services has not been to the residence because this woman was clearly under the influence of drugs. You try going on TV totally stoned with a newborn at home and see if someone from child services does not pay you a visit!

Posted at 4:36PM on Feb 9th 2007 by Gina R.

88. This is so sad and unbelievable. Anna may have had her faults, but the love that she had for her children is immeasurable. I can't even put in to words how I feel now that her daughter is alone, and won't remember the love her mother had for her. If she ends up with her grandmother, that's cruel after all she has said about Anna. If she ends up with Howard, that's just disgusting, b/c he is really creepy and weird. How is it that both Daniel and Anna die, and the only one who seems to have been with both of them before hand is Howard Stern? Isn't this raising any flags?

I hope that little Danilynn ends up with her real father Larry. Yes, he has bashed Anna the past few months, but he was angry that his daughter was being kept away from him, b/c of the control that Howard had over Anna. Now she is gone, and the agony just keeps coming for Larry, and I'm sure guilt over what he has said and done.

I wish Larry and Danilynn all the peace and love they can have in this world. Howard, you're a weirdo who had something to do with all the sadness that Anna had to endure the past 6 months.

Posted at 12:58PM on Feb 9th 2007 by lynn

89. I keep reading how Larry is such an idiot. Why? all this giy is trying to do is obtain his LEGAL rights if (and I do think it is) that baby is his. He is not the bad guy here, she left him and lets not forget thier are three sides to every story, his, hers, and the truth!

Posted at 1:01PM on Feb 9th 2007 by Cindy

90. http://www.larrybirkhead.net

Personally, I think this is a tribute to Anna that is far more personal than anyone getting on TV and in front of the media. Beautifully said, Mr. Birkhead. I think if you ARE truly the child's father, you will take responsibility for her without any inheritance. Or give control of her inheritance to someone else and just be what she needs - a father who loves her. There is still a chance for her to have a normal life, raised with a loving parent. She will know her mamma in a good light if you are a good person...

Posted at 1:32PM on Feb 9th 2007 by Kelly

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