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Birkhead - Stern Settlement?

2/26/2007 9:50 AM PST BY TMZ STAFF

TMZ has learned that lawyers for Larry Birkhead and Howard K. Stern are in settlement negotiations.

There was a buzz at the courthouse after Krista Barth, Stern's lawyer, removed a styrofoam cup of water that rested on the witness stand as Birkhead testified in the Anna Nicole burial hearing. The cup went missing and there was speculation that Stern's reps used it for a DNA test, which could have provided the evidence proving Birkhead is the father Anna Nicole's daughter Dannielynn.

We're told a day after the cup incident, the parties started negotiating. TMZ spoke with Birkhead's lawyer Debra Opri Sunday in the Bahamas, who would not confirm a settlement. She did, however, say DNA testing must be completed and paternity established before any settlement could occur.

Sources say Stern could be amenable to giving Birkhead what he needs to establish custody. We're told that in return, Stern wants ongoing control of Anna's estate and, once the estate is probated, continued involvement by becoming trustee for Dannielynn.

897 COMMENTS

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76.

Cleo    

Daniel was not addicted to drugs, he was given a lethal cocktail and already had some antidepressants in his system the bastard who did this should be put to justice.

2732 days ago
77.

PUBLIC SAFETY IS AT STAKE    

Holding a baby as hostage ... What a 'man.'

(Just like he did with Riley.)

2732 days ago
78.

Team Howard    

alb --
You are horrible! I am shocked to read that you made anti-semitic comments here! I am mortified. You ignorant piece of crap! How dare you! What does any of it have to do with HKS being Jewish?!?!?!?!?!?!?!?!? I am shocked and appalled. Shame on you! How dare you!

Otherwise, I have been reading a lot of speculation here and it is closed doors at the Bahamas so we will sit and wait to see what happens. As for HKS being the trustee, you are forgetting that ANS wanted him to be! You are forgetting that ANS trusted him so much, she even wanted him on the birth certificate. He always had her interest and will continue to. I pray that no matter what happens, he will have access to this child.

2732 days ago
79.

April    

Settlement? How can you have a settlement over a child? Ultimately they are saying that I will give you (your) child if I can have the money?

That is all Howard is saying. The reason he kept saying that Anna was his "whole" life is because that is true. Not his "whole" life because of love, but his "whole" life because he had nothing without her. As a grown man what does he have to show for his life? Home, car, bank account, savings, what?

It is really a sad situation. I truly believe that Howard has some mental issues going on. What grown man would not have income of his own and live off his parents?

He is absolutely right....without Anna he has nothing! If he is evicted from this house where is he going to go?....to Mommy? Where is he going to get a job.? I guess there is some law firm that will hire him. Or maybe he will try to latch on to some other "celebrity".

Whoever is the father should be trustee to Dannilynn and her mother's estate belongs to her.

2732 days ago
80.

RN 2 B    

Actually, it was not Krista Barth who removed the cup. It was after HKS took the stand, Larry Birkheads lawyers removed one of HKS cups. Listen closely to the coverage if anyone has it taped from FOX news. Krista Barth asked the judge why Larry Birkheads lawyers removed the cup.

2732 days ago
81.

Mary    

I'm not a supporter for either of these men, although my initial response to ANS's death was that Howard would be devastated. I watched her show on E! and could clearly see that he was in love with her.

HKS has probably had control over Anna's finances for quite some time, she made references on her show to Howard that indicated he wrote the checks. Larry Birkhead may be the baby's father, but during the course of their relationship, Anna Nicole never gave him any power over her money, and she probably wouldn't want that now either. Why would you give your ex-boyfriend who just so happened to knock you up complete control over your estate? That's ridiculous, anyone who says that Larry Birkhead should have control is a moron.

The fact that ANS could trust Howard was very VERY important to her (again referenced on her show). It's just very hard for me to believe that a woman so concerned with money wasn't checking Howard's a**hole to make sure there weren't any $100's shoved up there.

I do believe there should be an impartial 3rd party for Dannielynn's trust to make sure that Howard only takes his 6% should ANS win the Marshall case. He's been handling it since the very beginning, there's no reason for him to not handle it now as long as there's someone appointed to make sure he doesn't take more than what was promised to him.

It's amazing that this woman isn't even buried yet and already we're talking money.

2732 days ago
82.

Donna    

So obvious that Stern is only in for the $$$.

2732 days ago
83.

kc    

Way to Go Howie!
Holding a baby hostage!

$$$$$$$$$$$$$$$$$$$$$$$$

2732 days ago
84.

carrie    

I feel sorry for the baby. I think alot of this has to do with $$$ especially in the case of her mother. Who I think is an absolutely disgusting woman who should never be able to see her granddaughter. Look at the way she spoke about Anna at Daniels funeral? And is it not just a little unnerving that Anna died within a few months of Daniel & howard was involved in both cases? I mean look at the video he ttok of her a few days before she died??

2732 days ago
85.

Lorelei    

Let's hope they can move this forward STAT! A 5 month old baby's welfare is at stake, and it seems that the pontification and delays supersede Dannielynn's best interest - shame on everyone involved!!!

If it weren't for the 'laws/jurisdictions' standing in the way, there should be absolutely, positively NO REAL reason for delay on proving paternity since the mother has passed on. All jurisdictions should be placing the welfare of a child FIRST AND FOREMOST and placing it as a priority.

Now, these rumored negotiations between Larry and Howard, strike me as very odd...... If Birkhead is indeed the father, why is it that Howard Stern should have conditions to anything regarding the future of Dannielynn, other than maybe being "Uncle Howard", as is the intent from the Baby Book Larry talked about. NONE, would be my answer - Howard should just 'do the right thing' and call it a day.

However, it does make me wonder if there is a plethora of damaging information/evidence out there about both of them. Sometihng that may need to remain "hush hush" to avoid the child being placed in Social Services because NEITHER would prove to be suitable parents.......

Mmmmmmm time will tell.

2732 days ago
86.

Bring it on!    

The eyes of the world are watching the Bahamian officials. I believe that Howard K. Stern and Anna Nicole Smith fled the USA for the Bahamas for one reason and one reason only:

~To keep a minor child from her biological father, Mr. Larry Birkhead.~

2732 days ago
87.

PUBLIC SAFETY IS AT STAKE    

Howard Stern is a sleaze and a snake who will spend the rest of his LIFE making court appearances and trying to avoid jail, which is beginning to look like he might have a hard time doing.

He's getting so much legal crap piled up on him day by day that's he's probably going to also be broke for the rest of his life, which is poetic justice.

"The love of money ..."

P.S. THE I.R.S. NEEDS TO FOLLOW HOWIE'S MONEY TRAIL FOR THE PAST DECADE AND A HALF.

2732 days ago
88.

Tangie    

What is the problem!!?? There is video of Howard Stern taping Anna very high on something while pregnant. He is a party to the endangerment of the child. Bahama officials should remove the child immediately from Stern. He also allegedly gave her drugs in the begining of the pregnancy while in the hospital while detoxing! He has hurt the baby, and certainly doesn't have her best interests in mind

2732 days ago
89.

LuLu Tagalong    

Interesting reading, so much bias and unfounded allegations towards HKS.
FACT: he is the legal father. FACT: he is caring for his daughter in the home his commitment partner provided for them. Ownership of this said house is yet another legal contention, but at the moment it is the home of HKS and his daughter Dannielyn. Some of u have referred to HKS as a murderer, a kidnapper and some state DO a legal counsel has referred to HKS as a murderer twice. What flagrant, reckless and unfounded allegations, these comments are based on bias, assumptions, and malice. In essence u have judged HKS and some have even sentenced him. IF DO did state what has been purported then she is not a good lawyer, she is reckless and destructive.
LB may very well be the biological father but so is HKS. Are u going to disregard Bahamian law? Perhaps u will disregard ANS wishes, she named HKS as the legal father of her child. How can HKS kidnap his own daughter? ANS did not perform a comittment ceremony with LB, she tried to flee from him and LB knowing that ANS would be devastated by the death of her beloved son, kept on harrassing her via email, calling her names and insulting her newly dead son's afterlife. LB has shown himself to be emotionally immature, emotionally uncaring, insensitive, and inconsiderate.Do u think he could have persued his paternity case in a more sensitive manner, lawyers talking to HKS (another lawyer) going thru the legal motions and allowing ANS to greive and slowly recover. The parties could have handled the matter out of the public eye. But no, LB choose to go national, to haunt and hunt this fragile ANS. Vergie did the same. She went national to proclaim her allegations of foul play in the death of her grandson, accusing both ANS and HKS and implementing both of them in his untimely and sudden death.
National TV seems to be the vehicle in which LB and VA proclaim their fears, anguish, unfair treatment, to ANS. Beloved to LB and beloved "baby girl" to VA is not allowed to deal with their issues privately out of the media eye, she has to deal with this with the cameras in her face. She goes into seclusion to mourn her son and it's touted thru the media that she is hidden away by HKS.
So most of u believe LB would be the better father by virtue that his sperm impregnated ANS. Is that all it takes to be a good father? Anias Nin quoted, "we don't see people how they are, we see them how we are."

HKS is maligned.
ANS trusted Daniel and HKS above all others.
Are u going to disregard what she thought and felt?

2732 days ago
90.

Cinnamon    

The ONLY way that Howard K. Stern will be found to be the trustee of Anna Nicole's estate is if the "will" that they produced in court is found to be VALID in a court of law.
Just because Stern & Company produced it, doesn't mean a court will honor it.

One thing for sure is that there WILL be people contesting that "will" in a court of law.

2732 days ago
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