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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61. Um, would someone please explain to me- why should the father of the baby have any say as to where Anna is buried? The father of the child should worry about proving that and raising his daughter- period... Annas burial place should be with her son- he is all she has left in death, and honestly all she had in life that was 100% true to her... The WORLD knows this, why cant the court room comprehend it?

Posted at 4:28PM on Feb 20th 2007 by Pratt

62. Anna has never known what it's like to be loved...really loved. She's been used since the day she was born...Mommy dearest needs to climb back under the rock she crawled out from under...and Howard and the rest of you selfish bums need to let her go...

Posted at 10:44PM on Feb 20th 2007 by Penny Moore

63. THEY SHOULD JUST GO TO MAURY, WE WILL GET THE RESULTS FASTER.
AND THE THE RESULTS ARE IN............................................................. HOWARD, YOU ARE NOT THE FATHER!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Posted at 10:16AM on Feb 21st 2007 by YOUNG TAZ 24

64. And also... IF by CHANCE neither Howard or Larry were the father, then are they going to delay her burial even longer until they test the other 40 men coming forth? I doubt it, so they should make a justified decision on her burial without the natural dad having to be known- worry about paternity after Anna is buried... Shes decaying for God sake, give her peace, and then get on with paternity test later... jezzzz. what is so hard about this?

Posted at 4:32PM on Feb 20th 2007 by Pratt

65. Howard WISHES he was the father & that's why he hasn't gotten a DNA test! He's milking it for as long as he can! Larry is the TRUE father & Howard knows it. This would've been over by now if HKS was the father, cuz he would've taken a test right away. It makes me sick that he is w/ this child right now & taking away the time her REALfather needs to share w/ her. Shame on you Howard! Daniel & Anna died in Howard's care & someone needs 2 step in & take this child away from Howard before she od's on the same drugs as the other two. (which Howard got for them). This judge is a HUGE joke in dealing w/ this case & needs to be removed! Right away!!!! DNA test results take less than a week! This child is the one hurting in the end. Soooo sad. :(

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

66. Anna named Howard as the father of her daughter on the baby's birth certificate but that doe not mean he is really the father. I do believe that Larry Birkhead believes he could be the baby's father because he was been making this claim long before Anna Nicole's death. I don't think he has any alterior motive(s). And,
if he is truly the baby's father he should not be denied the opportunity to parent his daughter, especially considering the death of her mother.

Anna's mother should just go home. What a horrible scene she is making. This is disgraceful. She obviously did not have a healthy or loving relationship with Nicole prior to her death and crying and leaving notes a a makeshift memorial for a dead woman will not change their relationship. It is too late. Get a grip and go home. Stop making a scene.

If Anna went through the trouble of purchasing a plot near her son to be buried in in the event of her death, her wishes should be honored.

Posted at 6:12PM on Feb 20th 2007 by Janis Nelson

67. I feel that Howard Stern knows he is not the father and has fought the DNA because he didn't want to lose his gold mind.....which unfortunately is Dannielynn. This poor child has no mother or brother to help raise her and now Howard is caught up in all sorts of suspicions. I feel that Larry Birkhead is this child's father and hope that he wins this case to raise his daughter.

Posted at 4:56PM on Feb 20th 2007 by Abby

68. Just to clear some things up as the lawyer watching this stuff: I can't remember who said that Larry should get visitation, but First, if Larry is the father, he cannot get "visitation" as the father and also have Howard have custody. Our legal system does not recognize multiple paternity, in giving the status of father to one, you refuse recognition of the other. So if Larry is the biological father, and is recognized as such he would more than likely get custody, and Howard gets nothing since he had no legal relationship to the child. Remember, they were never legally married. That makes everything different. If they were, Howard could argue that the law presumes that he is the father (as CA law presumes that a child born during or immediatly before a marriage is the child of that marriage, regardless of biology). But Howard does not have that here, so in order to prove paternity he will have to eventually give his DNA because he needs to prove he is the biological father since the biological mother is dead.
Second, the reason the court wants to know paternity of the child before deciding burial issues, isn't so much because if Larry is the father he therefore has the right to decide, but because the law presumes that a fit parent of a child will do what is in the best interest of the child and will therefore take into consideration what the father believes is in his child's best interest.
Most importantly, a few people around here seem to think that Howard should get the kid no matter what and everyone should leave him alone because he cared for ANS. The truth is, there is evidence that I'm sure Birkhead's lawyers will bring that Howard was aware that ANS was heavily medicated or drugged. The court doesn't care if he loved ANS, they care about what is the child's best interest. And no court in the world is going to think a man, who is not a biological father, not married to the mother and may have had a hand in her addictions is a fit parent for that child. Stern is not getting out of this easily.

Posted at 4:59PM on Feb 20th 2007 by LFP

69. Its so true if they would only go to Moury Povich then the most we would have to wait is a few commercials.

Prayer works so guys keep praying.

Posted at 5:01PM on Feb 20th 2007 by SB

70.
Is Howard K. Stern A Murderer?

You decide: http://ishowardksternamurderer.com/

Posted at 5:09PM on Feb 20th 2007 by Howard K. Stern Conspiracy Theorist

71. HKS is wasting everyones time.
Look how he's so controlling with this paternity thing and wanting it done in the bahamas. He studied law in the US, you would think he would want it done in US. But it was all planned, that is why he wants it done in a country with a legal system with more flaws and loop holes than the US.
Guys, he might flee on that new boat of his.

Posted at 8:02PM on Feb 20th 2007 by SB

72. Hey #59...thanks for your post and I have a question. When (and if) its proven that Larry is the father can he later sue HKS for all this time lost with his child?
Is HKS breaking any laws by saying he is the father, if he really isn't?

Also, is this a circus or what in that coutroom? Have you ever participated in situation even similar?

I hope you read and answer this!!!!!!!11

Posted at 5:13PM on Feb 20th 2007 by Trinity

73. Hey Margo,

It's been said that the very best of arguments don't need to resort to name calling. Perhaps you should try to rise above that in the future -- your points would have stood on their own without it :)

Posted at 7:09PM on Feb 20th 2007 by Shmoe

74. How come they can't make him give his DNA. If he didn't want to give it cause he had to pay support they would make him now.

Posted at 4:36AM on Feb 21st 2007 by Marsha

75. Trinity: I doubt it. I'm not a CA lawyer, but I've never heard of a tort claim for the time spent away from your child. That would be a case that would probably be dismissed due to what we like to say in our hoity-toity profession "failure to state a case for which relief can be granted." Basically, it would be hard to prove, and there's no real legal standing on that issue or actual legal claim for it (unlike say, breach of contract, negligence, etc.). Also, since ANS is the one that kept the child away from Larry for the most part, there's not much they can do about that since she is the biological mother. I guess he could claim emotional distress, etc. but it probably wouldn't go far since it would be hard to prove any fraud on Stern's part. But he's not breaking any laws saying he's the father, anyone can claim to be the father of a child, and later find out that is not the case without any legal repurcussions by the real father after discovering it. More of a problem arises (obviously) when someone says they are not the child and there are issues of support, etc.

Oh, and no, I've never seen anything as entertaining as this. I wish! It's fun to watch though.

Posted at 5:29PM on Feb 20th 2007 by LFP

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