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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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91.

Janet    

Neither Anna or Howard were appropriate parental figures. THey truly are soul mates, and only Howard can do Anna Nicole's image justice by selling her out after death. If left to Larry, people might forget her and let her fade into memory. But Howard will establish tours and museums, maybe wax figures of fat anna and drugged thin anna that you can feel. Yeah, it is only appropriate that Howard gets this honor, because he knows what anna has always been about. Let Larry raise his daughter in quiet peace, while ringmaster howard gets on with his show.

2695 days ago
92.

judy    

This whole saga is one epic cautionary tale:

Don't do drugs.

Be careful who you have sex, relationships with.

Watch out for lawyers.

Don't trust appearances.

Money can spell heartache, don't chase it.

The judicial system is in a sorry state, steer clear of it, if possible.

Keep your children away from people that might murder them.

Steer clear of people who might murder you.

Your mother often does know best; listen to her when she "nags" you about your lifestyle and the people with whom you keep company.

Don't go to bars with your doctor/lawyer.

Don't lead a life that will destroy your children.

Some people are just plain evil.

Be careful. The universe may be unfolding as it should, but be careful.

2695 days ago
93.

PUBLIC SAFETY IS AT STAKE    

"75. 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?"

Exactly, April.

2695 days ago
94.

PJBlue    

Let me get this straight. A lawyer gives up his practice to take on a single client, agreeing to a contingency fee, and living expenses.

The relationship flourishes for years.

Then, she dies, and he's rightfully concerned that the last decade of his expensive legal career will be wasted, unless he can keep some control over the lawsuit, which is now in the name of the estate, which has a single beneficiary, the child.

So, once he finds out he's not the father, he agrees to give the child to the rightful father, and only hopes to keep some tabs on the lawsuit that has been his entire CAREER for the past decade.

For that, people on this board think he's scum. Well, (unlike the rest of the people on this board) its not for me to claim that a person with a career as insurance defense attorney, trying to screw people out of Hurricane Katrina funds, is a great person, while Howard K. Stern, who used his degree to be an entertainment lawyer to a single client, is scum.

I hope none of you live in glass houses, or earn a paycheck for ANYTHING you've ever done. You should have done it for free, like you expect attorney Stern to. You should all just live for free at your bosses' house, and get a free meal once in a while. If you don't, you're all scum just like Howard, by your definitions.

2695 days ago
95.

Yossi    

So now we have archeologists saying they have the DNA of Jesus Christ. But no one can get the DNA of HK$!? What an odd world we live in...

2695 days ago
96.

Go Howard    

#71 thanks for pointing out to the idiots on board who have only made judgements based on the rumors and not the facts of this whole thing. This is a sad story all around, but if anything HKS has been the only consistent thing in this little childs life so far. If LB is the biological father, the so be it. Let these two men work things out to be amenable for everyone. Stop casting judgement on people and let them move on. Go back to the days of the ANS show and see that it was HKS who actually often tried to get ANS to have some contact with her family. Time to stop blaming, criticizing, name calling, and let these people get on with their lives. I'm thankful not in this situation, but still doesn't make it right for everyone to be so accusatory of the people in this situation. Everyone makes decisions that they have no idea how it will effect them in the long run.

2695 days ago
97.

Dee    

Considering ANS was on dope while pregnant, I am sure the scheduled c-section was done a couple of weeks early. The time of conception would have been the end of December. Go Larry!!! Check out a pregnancy due date calender.

2695 days ago
98.

Clinton    

Give "Worm-Tongue" Stern what he DESERVES, not what he wants. Wake up! Howeird wouldn't even be contemplating, much less initiating, negotiations unless he was running scared. Instead of negotiating,...prosecute. Prison WILL save his life. It's that or a bullet. What else would his JUST reward.

2695 days ago
99.

jamis    

No deal should be made with Stern. He wants Anna's inheritance, if there's any, and to have influence over the baby. Stern, whether he was just Anna's toady or whether he was manipulating her, helped to destroy her and her son by enthusiastically encouranging their drug use. The man's a danger. If Bahamas should give Birkhead a fair hearing, so why would he need to go along with Stern's extortion?

2695 days ago
100.

PUBLIC SAFETY IS AT STAKE    

-------------- THE I.R.S. NEEDS TO LOOK AT HOWARD AND HIS FAMILY'S INCOME-TAX REPORTING OVER THE PAST 15 YEARS. ---------------

P.S. Howie to Larry: "You wanna buy a kid? I have one I can sell."

2695 days ago
101.

Michele Green, Anaheim, CA.    

Larry should'nt settle anything with Stern. They should bring charges against Howard for his behavior with the drugs, Anna and Daniel. He is a complete loser and user! He clearly isnt resposiable enough, and I believe any court would agree. He should have NOTHING to do with the baby! Good Luck Larry!

2695 days ago
102.

Anya    

I don't know how Birkhead could give Stern control of Smith's estate. At this point, isn't that a whole different issue for a whole different court? With that poorly written will, lord knows what is going to happen.

At any rate, I hope they work something out. Hiding out in the Bahamas forever just isn't a smart decision. Anyone can see that.

2695 days ago
103.

Nina    

I can't believe the comments here. Most of you have nominated Larry Birkhead for the sainthood. Did you not listen when he testified that he agreed not to challenge the paternity and then sold his story/pictures to the media when he changed his mind???

Paternity can be challenged without the media circus that Larry Birkhead and his lawyer have turned it into in the past several months.

Also, I can't understand why a woman can not be viewed as making her own choices in life. Was does it have to be a Howard K Stern or someone else that leads her down the merry path?

There are no heroes here and there may be no villains as well. Just a few more lives destroyed because of substance abuse and lives focused on foolish endeavors.

2695 days ago
104.

pukeHKS    

Evidently, the Bahamian court system is typically slow in making decisions. Okay, I can accept that but I wonder what they'd do in the case of proven emergency?
It's ridiculous that inquest regarding Daniel's death isn't even scheduled to start until March 25th. Why the delay? Are they just short on staff or what...

Really hard to figure out why the law both here and in the Bahamas has impeded any action in this case. It wouldn't normally concern me but there is an infant involved with her deceased mother still unburied over two weeks now. Bizarre.

2695 days ago
105.

olivias    

hey Lulu..nice solilquy..do you have kids? I hear you sorting through all the legal mumbo jumbo quite well, but I have yet to hear how the baby deserves to know the truth about whom her biological father is..that the TRUTH is what is in her best interest. Up until now, she has been a product of lies, drugs, deceit and who knows what else..get real..

2695 days ago
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