Celebrity Justice
Stern's DNA Subpoenaed Over Lunch

Howard K. Stern's lawyer told the judge that Stern was served by lawyers for Larry Birkhead with a subpoena during the lunch break in the Florida trial.

He was served with a subpoena for his DNA in California, TMZ has learned.

Judge Larry Seidlin stressed to the California judge that he had asked Stern to appear in Florida for "a limited purpose," after Stern's attorney complained of being unfairly served.

Story developing...

Reader Comments

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46. Well the baby looks like Larry Birkhead so hopefully this will prove that Larry Birkhead is the real father. I feel sorry for Howard K. Stern as he has been the father to this baby since the birth. Perhaps he was convinced by Anna that he was the father and after being there and experiencing the birth he hopes in his heart that he is. The baby only knows Howard so it will be very hard on the baby if Larry is proved to be the father. All in all this is a very sad case for everyone involved. We have to give Howard K. Stern credit for showing up in court today as I am sure he realized that he was going to be subpoenaed for the DNA sample. Either that or he knows he had no choice or he would really look bad. But in life we should give people the benefit of the doubt. As regards Anna Nicole's death has anyone figured out that perhaps she died of a bacterial infection. She was running a high fever. As well she had had pneumonia a few months earlier. Obviously after the birth of her baby Anna Nicole was not too healthy. When you factor in that she had the grief of the loss of her son and that perhaps she was trying to lose weight and she also had a c-section at 39 years of age all of these things could have factored into the equation and made her subsceptible to not being able to fight off viruses or bacteria? Everyone loves to jump to conclusions and of course the media loves to make money on these kinds of stories. But innocent people get hurt from accusations and this little girl is going to hear all about it when she grows up and how will that make her feel? The greatest crime here could be causing this little girl to become depressed and become addicted to drugs etc. As regards the accusation that the baby was underfed all of the pictures we have seen of this little girl show a vibrant and happy beautiful little baby. Definately not an underfed child. Grow up people.

Posted at 10:28PM on Feb 21st 2007 by kathy

47. I think that they should just call the Maury Show and let him handle the paternity testing....he usually swabs and then has the results back within 24 hrs.....how can this last so long? That poor baby has lost her mother and brother and now has to wait to know who her dad is. Why should she be raised by someone who is not her parent, when the biological father wants her?
A travesty this is....
I think that Howard K. Stern should give up now...he had control over Anna and watched her slowly kill herself....I would not want him to raise my child.

Posted at 11:18PM on Mar 23rd 2007 by Avy8tr

48. GOOD HOWARD K STERN NEEDED A COURT ORDER TO HAVE HIS DNA TAKEN. HOPEFULLY HE WILL BE FPRCED TO DO IT AND WE CAN GET A DNA FROM THE BABY AND WHO EVER THE BABIES FATHER IS. WE WILL ALL KNOW, I'M ALMOST 993/4% SUCH IT ISN'T HOWARD K. I THIONK IT'S LARRY B.

Posted at 6:26PM on Feb 20th 2007 by ROSE

49. I'm not sure either, David. I just dimly remember some mention of situations where you're protected from subpoenas in a long ago law class, but don't remember all the finer details.

I'd say we can look to HKS fighting the subpoena on these grounds, tho-I doubt he's going to roll over and provide that sample without a fight.

Posted at 4:01PM on Feb 20th 2007 by cheri

50. This is only a guess, but maybe Anna's son Daniel is the father of Dannilynn and HKS decided not to take any chances of anyone finding out, so maybe that's why he doesn't want a paternity test & Daniel's death was so "sudden".

Posted at 5:09PM on Feb 20th 2007 by Enaid

51. Newsflash, Gina, if Howard really were the daddy, he'd be jumping through hoops to give his DNA. Larry has been trying to get the baby to the States for a while now- it's Howard who has been ignoring the paternity test. And why wouldn't Howard have to prove he's the father? Just because his name is on the birth certificate?

Posted at 4:44PM on Feb 20th 2007 by Michele

52. #7-Let this man mourn in peace?? Are you serious? First he was around when Daniel died, now he is around when Anna Nicole died... The only thin this gold digging piece of crap wants is the money. I hope he rots in hell with the rest of the people that fed her drug addiction. I am sorry that she is dead, but maybe it was best for her litte girl because Anna apparently had enough money to keep from losing her when the authorities finally figured out that she was as an unfit mother as you get (except for maybe Britney Spears). The only one God needs to help is the baby, let Howard K Stern go to hell...

Posted at 4:09PM on Feb 20th 2007 by princess

53. Don't look for this to speed up anything . HKS is still operating in the bahama's making it impossible to get him to do anything . HKS will delay and delay and delay . Look for this to drag out for months if not years .

Posted at 1:46AM on Feb 21st 2007 by Lookwhat the Catdrug..

54. larry birkheads lawyers ought to be ashamed of themselves they are very unproffesional in a courtroom they should shut their mouths . thanks to them this poor woman cant even have a proper veiwing due to them holding in the fridge for a swab .how terriable.they are rotten people.

Posted at 4:16PM on Feb 20th 2007 by itsmemom

55. Yeah, I don't think this will speed up anything, either. If anything, it will be just one more court battle. I think we can look at it as one more sideshow has been added to the circus.

Posted at 4:16PM on Feb 20th 2007 by cheri

56. I think it's going to be a tough call about the paternity of Danielynn.
Lots of men had a piece of that. California better get ready.
Its a fact Anna loved her sex!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted at 4:18PM on Feb 20th 2007 by loving mother..

57. I agree HKS DOESN"T have to prove he's the father, every one else does. I hope all this comes to a rest and soon. Anna might not have been "perfect" or a "role model" But who is. One doesn't know what her life was about, why she lived as she did but her. Just let Anna be buried next to Daniel and give her PEACE! God Bless this precious baby.

Posted at 4:22PM on Feb 20th 2007 by LM

58. THANK YOU , THANK YOU , THANK YOU...IVE NEVER ENJOYED LUNCH AS MUCH AS I HAVE TODAY....GET THIS PATERNITY SUIT OVER WITH !!!!!!!

Posted at 4:26PM on Feb 20th 2007 by sandee

59. Excellent....get the DNA....any father would happily take the DNA test...there is only one reason to refuse..You ain't the Daddy!!!!!!!!!!!! Scumbag ...the worst excuse for a man..a lawyer who sleeps with and keeps client so drugged and may have drugged her enough to die...and now refusing DNA....His day will come...he can't run forever...Keep the pressureon the Bahamas to boycott all islands until they demand the real facts to be exposed....BOYCOTT the Bahamas.....
The onlyreason he wants that baby now is to sell her pics, the only reason he wants to get a ANS is to get dead pics of her so he can sell them...WHORE

Posted at 4:26PM on Feb 20th 2007 by media Ho

60. I THINK THIS JUDGE IS A OVER-COCKY #$SHO*&E.... THIS COURT PRECEDING, ACCORDING TO HIM, HIS RULES, IS SUPPOSE TO BE ABOUT SENDING A HUMAN-BEING'S DEAD BODY SOMEWHERE SO SHE CAN BE PEACEFULLY LAID TO REST. THIS IS THE MOST RIDICULOUS THING I HAVE EVER SEEN. I BELIEVE THE JUDGE IN THIS CASE IS DRAGGING THIS THING OUT MORE THAN IT NEEDS TO BE. HE SEEMS LIKE HE ENJOYING BEING ON WORLDWIDE TELEVISION. I BELIEVE HOWARD K. STERN MAY POSSIBILY BE UP TO "NO GOOD" IN SOME WAYS, MAYBE HE ISN'T, WHO'S TO KNOW? BUT I'M SURE ANNA NICOLE SMITH WOULD WANT TO BE LAID TO REST IN HER FINAL RESTING PLACE BESIDE HER SON, DANIEL. HE WAS HER LIFE, AND BECAUSE SHE DID LIVE A LIFE IN THE PUBLIC EYE, WE ALL KNOW THAT ALREADY, SHE LOVED HER SON. I DON'T LIKE THIS JUDGE, HE'S OVER-COCKY AND DRAGGING THIS OUT EVEN MORE BY HIS THEATRICS.

Posted at 4:29PM on Feb 20th 2007 by Tammy

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