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CNN LARRY KING LIVE

Interview With Howard K. Stern

Aired September 26, 2006 - 21:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


(BEGIN VIDEO CLIP)
LARRY KING, CNN HOST: Tonight, exclusive, Anna Nicole Smith's close friend and attorney Howard K. Stern. He was there when she found her son Daniel's lifeless body in her Bahamas hospital room 16 days ago.

Now he's here for his first interview since that shocking discovery. He'll cover it all. What happened that tragic night? What's known about how and why Daniel died? And, he will reveal the father of Anna Nicole's baby daughter.

Anna Nicole's long-time friend and attorney Howard K. Stern is next. It's exclusive on LARRY KING LIVE.

(END VIDEO CLIP)

KING: It's good to have him with us again, Howard K. Stern, Anna Nicole's close friend and attorney. He was in the hospital room where Anna Nicole found the lifeless body of her son Daniel on September 10th; was going to be with us previously but certainly was in no emotional shape himself to do that.

What's the latest on Anna's emotional state, Howard?

HOWARD K. STERN, ANNA NICOLE SMITH'S ATTORNEY: She's having a tough time of it. You know, I can't really imagine being any worse of a condition. I mean she has help. She's doing the best that she can but she's, you know, this is a really tough thing to deal with.

KING: Now you're in the Bahamas. Is she still in the Bahamas?

STERN: She is. She is. We have, you know, we're here and this is where we're going to be.

KING: Any reason for that?

STERN: She wanted to be here to get away from the media and to start a new life and to give her daughter, you know, a chance to live a normal life.

KING: So, you're saying, Howard that she will live there almost permanently?

STERN: Yes, this is where she wants to be. Obviously, she'll travel back to the U.S. for work but, you know, that's not what we're thinking about at this point.

KING: What are the latest test results on the cause of death of Daniel?

STERN: We're still waiting. You know, we're still waiting to find out what the cause is. We got some initial toxicology reports from the Doctor's Hospital, which came out negative, except for a medication called Lexapro but we also now have an indication that there may have been other prescriptive medication in his system but we don't know, you know, if that would have contributed to his death or not.

KING: Now, Lexapro is an antidepressant, right?

STERN: Yes, I'm not too familiar with how medications work but, yes, it's an antidepressant.

KING: How is Anna Nicole feeling in the -- you know, a lot of parents go through a lot of things when a child dies, including guilt. Is she feeling any of that this was my fault?

STERN: She's just, you know, she's struggling with her emotions. It's been very rough. You know, she said that she didn't want to trade out children, meaning she didn't want one to be born and another to die.

Daniel, you know, he was more than a son to her. They were great friends, best friends and, you know, Daniel was her rock. So, everything that she's gone through Daniel's been there with her. And, you know, honestly I don't know how we're going to get through this.

KING: What kind of kid was he?

STERN: Daniel was a great boy. I mean he was a really humble, just nice, polite, just a great, all around great guy, I mean fun. You know, he had so many opportunities and, you know, he chose not to go into modeling or acting and he could have and that's pretty rare for a kid his age.

But, you know, he saw what his mom has gone through in the media and he kind of didn't want to go through the same stuff. That's why it's sort of unfortunate the way that the media is speculating and throwing out all that nonsense about how Daniel may have died or didn't die.

KING: You have no doubt in your mind then that it was accidental?

STERN: There's just no way that Daniel would have taken his life, I mean he was so, so excited to come here and see his mom and be with his sister. You know, I talked to him on the car ride when I picked him up from the airport, and I just -- I couldn't fathom that he would have done this intentionally. (inaudible) at this point...

KING: He came in how many days after -- how many days after the birth, when did he come in? STERN: She was born on the 7th and he came in the night of the 9th.

KING: And when was the last time, Howard, that you saw him?

STERN: I saw him right before I came out here for the second time, so I think I saw him, you know, I'm not sure. It was probably about a month before that.

KING: And how long -- how soon before he died?

STERN: That's what I'm saying it was about a month before he died.

KING: A month.

STERN: Something like that.

KING: Where -- take us -- the day of his death take us through that step by step. Where were you? What happened?

STERN: Well I'd want to start with the night when I picked him up from the airport and I picked him up and, you know, he was very happy to be here and he kept saying that he just couldn't believe he had a baby sister and he couldn't wait to see his mom.

This was one of the longest times that they've ever been apart and he was coming out here to stay with us and to stay with his mom and go to school here, so he was really excited and he was telling me, you know, over and over about how he couldn't believe he had another blood relative because, you know, his mom is really his only family. And it was just, you know, it's hard for me to believe I'm here even talking about this because...

KING: All right, I understand Howard. When he was in, though, when he was in Anna's room where were you?

STERN: Well, when we, you know, we drove back to the hospital room. We drove from the airport to the hospital and when we got there, you know, he saw his mom and he hugged his mom and he picked up his baby sister like he'd been around babies his whole life, even though I don't think he'd ever really been around babies.

And, you know, it was just, it was a great -- it was like one of the best nights that I've ever remembered. I mean Anna was so content. She had, you know, her son and her new baby girl and I was there and it was great, you know.

KING: Did you then leave the room?

STERN: After a while. I mean I was there. There was actually another friend of the family was in the room for awhile. And, after he left, we talked about all being hungry. And over here in the Bahamas not too many things are open that late.

So I went out and I got some food and it was, you know, it was from like a -- almost like a gas station, like a 7-Eleven type place but they have a little bit better food than 7-Eleven. So, I picked up food and then I came back and other than that I was there the whole time.

KING: You were there when he passed away?

STERN: I was there, yes, I was there. Anna woke me up. This was the next morning now. Stuff happened through the night where, you know, at first I was going to sleep on the floor in between the two beds.

There were two hospital beds and Anna was in the bed closest to the window and Daniel was in the bed closest to the door. And, Daniel at some point said to me that, you know, he wasn't really that tired, so why didn't I just take the bed and he was going to sit up and watch TV.

And, remember that Anna had had a C-section two days before, so she needed help and still needs help to get to the bathroom and things like that and Daniel, you know, helped her out to the bathroom and this happened many times throughout the night.

And then, at one point Daniel said to me how come I'm so tired? And, in hindsight I wish that I had seen that as some sort of a signal and seen that something wasn't right.

KING: So, what happened? Did he just like close -- did he close his eyes or what?

STERN: Well, I mean the next thing that I remember that happened from my perspective is that in the morning Anna said, "Howard, Howard, Daniel's not breathing." So I, you know, went over there really quickly. And, at this point Daniel had moved into bed with his mom, so they were actually staying in the same bed.

And, I checked Daniel's neck and I didn't feel anything and we called, you know, the nurses and said it was an emergency. And then, medical staff just came rushing into the room and they tried to revive him and they tried to ask or tell Anna and myself to leave but she wasn't going to leave her baby.

And she, she stayed there and we were at the foot of the bed and she was hugging Daniel's leg and she was praying to Jesus and she was telling Jesus to take her and not take Daniel. And it was...

KING: All right, hold right on, Howard, we'll come right back; coming up more about the events leading to the death of Anna Nicole's only son.

Plus, who's the father of Anna Nicole's baby daughter? Howard will reveal the daddy's identity for the first time ever. That's ahead on LARRY KING LIVE.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP) KING: Did you have a child at the time?

ANNA NICOLE SMITH: I had my son Daniel at the time.

KING: How old is he now?

SMITH: He's 16.

KING: The first time I talked with you I think he was eight or nine or ten?

SMITH: Yes, he was a baby back then.

KING: And you've raised him through all of these trials and tribulations that you've gone through?

SMITH: Yes, I have.

(END VIDEO CLIP)

KING: We're back with Howard K. Stern.

Howard, did the hospital personnel react quickly enough to your thinking?

STERN: I don't find any fault in what the hospital did. You know, I don't know. When I felt his neck there wasn't a pulse and, you know, we just even after the hospital personnel tried to resuscitate Daniel we, Anna told me to, you know, there was an airbag that they were putting air in and she had me doing that and she was pumping on his chest. And I just, you know, I don't know. I'm not a doctor.

KING: Were you and Anna -- is it true that you continued to try to revive him even after the doctors said he had passed away?

STERN: Yes, that's what I was just saying is that Anna just when they -- when they stopped...

KING: No, that was after.

STERN: ...Anna -- no when they stopped Anna screamed out "No, no!" And she just didn't want to believe that he had died and she didn't want, you know, she wanted to keep trying to save him and keep going. And she had me, you know, pumping the air into his mouth or down his throat and she was pushing on his chest trying to revive him.

KING: Any truth to that Tribune newspaper in Nassau which said that Anna Nicole screamed "You did this" screaming at you?

STERN: No, no that's just -- that's nonsense and the way that this whole thing has been reported has been really irresponsibly.

KING: What was the biggest misconception?

STERN: Of how the media has reported it? KING: Yes.

STERN: Oh, well, I mean, you name it. They said that there was blood and that there was vomit in the room, which is absolutely false. The way that Magistrate Virgil used words like "suspicious" and "not natural" when she's, you know, she's legally trained. She's not a doctor.

You know, people don't understand that the coroner here in the Bahamas is different than a coroner in the United States. The coroner in the United States is a doctor and actually would be the pathologist who does the autopsy and that's not the case in the Bahamas.

Just, you know, other -- the way that she had said, you know, initially that there may or may not have been a third person in the room. It's up to the jury to decide and then followed that up with saying that she knows who the third person in the room was but, you know, didn't want to prejudice the investigation.

When I had been in the room the whole time, you know, from the time that Anna had given birth and all the hospital personnel knew that and, you know, all the authorities knew that. I was actually the person who gave the initial police statement.

KING: Howard, did they have to sedate her right after this?

STERN: Yes, they did. She refused to leave her son. She refused to leave her son. And, you know, the doctors advised us that we should probably check her out of the hospital because the media was going to be coming and it was going to be a, you know, make the whole situation even worse. So, she did have to be sedated in order to leave.

KING: Tragic.

STERN: And she was sedated. She actually doesn't remember that night right now.

KING: Just ahead, tabloid reports that Anna Nicole's son was in intensive care in the days before his death. And, Howard will end all the speculation and tell us who is the father of Anna Nicole's baby girl.

That's all next. Don't go away.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SMITH: One really good thing about being a parent is your presents, yes. My son last night he brought me home a tee shirt that says "Anna Nicole" and they painted it at the carnival. And he got a tattoo on his arm. And he wanted to put my name under it very small.

You know most parents would be like "Oh, my God you got a tattoo!" I was like, "Oh, that's so cool" but I'm not most parents. But I am a devoted and very caring mom. Plus, he's 20 so if you want to get a tattoo you're not hurting anybody.

(END VIDEO CLIP)

KING: By the way, Howard Stern, before we get to the story of the baby girl, how are you doing? Have you -- did you have to be sedated?

STERN: I wasn't sedated but it's been rough. It's been really rough.

KING: We have an e-mail question from Irene in South Plainfield, New Jersey who wants to know, "What did Anna Nicole name her new daughter?"

STERN: Her name is Danilynne is the first name and Hope is the middle name and where that comes from is that Daniel used to call Anna or his mom Mamma Lynne.

KING: So, the girl's name is Dani?

STERN: Danilynne.

KING: Danilynne. Another e-mail from Karen in Sheboygan, Wisconsin, "Why has Anna Nicole been so secretive about who the father of her new daughter is?"

STERN: Well, I'm going to tell you that right now. Anna and I have been in a relationship and we love each other and it's been going on for a very long time and because of my relationship as her lawyer, we felt that it was best to keep everything hidden. And we've actually done a pretty good job of that.

KING: Sure have. So, you are the father?

STERN: Yes, sir.

KING: By the way, have there been an DNA tests taken?

STERN: Proud father.

KING: What?

STERN: I said proud father.

KING: Were DNA tests taken?

STERN: Well, based on the timing of when the baby was born there really is no doubt in either of our minds.

KING: Did Daniel know that you were the father?

STERN: He did. He did.

KING: Now, we have a tape of Larry Birkhead, a photojournalist when he was on Entertainment Tonight. I want you to watch this. Watch. (BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Were you told by a very reliable source?

LARRY BIRKHEAD: That it was mine?

UNIDENTIFIED MALE: Yes.

BIRKHEAD: The most reliable you can get. I'm not a bad person but I have to try to protect what I was told was mine. If someone wants to say to me "You are not the father of this baby," then I challenge them to come forward, come back to the states and we'll take a paternity test.

(END VIDEO CLIP)

KING: He sent a statement to us, Howard. He said, "I've been told by Anna Nicole Smith that I'm the father of her newborn child. I have proof of it. I've attended multiple doctors' appointments, participated in the planning of this child up until a minor disagreement more than midway through the pregnancy. In order to eliminate the back and forth claims regarding paternity, I am requesting that a DNA test take place in the U.S."

How do you respond to that?

STERN: Well, I think first you have to look at what his motives are and, you know, if he honestly believed that he was the father based on when the baby was born, he should have handled it appropriately.

You know, first he should have waited until when Daniel was put to rest. And, second, handle it through the proper channels, not through television and through the media. I mean for him to do that on Entertainment Tonight and, at the same time, send a slew of e-mails to Anna, it's just completely inappropriate.

Now, one thing I do want to mention is that, you know, Anna has had problems with people going to the media in the past about her and for that reason most people around her, myself included, have signed confidentiality clauses that we won't go to the media about her.

And, Larry did that and he actually in his own words has a liquidated damage clause for $10 million. And, you know, I'm surprised that he doesn't -- I'm just very shocked at how he's handled this under the circumstances.

KING: How well do you know him?

STERN: Pretty well.

KING: Did he and Anna have a strong romantic relationship at one time?

STERN: She never considered him her boyfriend.

KING: To your knowledge were they ever intimate?

STERN: You know that's something I don't even want to get into when we're talking about Daniel's death. I just don't think this is the time for it.

KING: But does it give you concern that there might be a shot that the DNA might exclude you or is there no doubt that you're the father?

STERN: I think based on the timing of it that there shouldn't be a doubt.

KING: Does Anna Nicole know that you're coming forth tonight on this show to tell us?

STERN: Of course. We talked about it. Anna and I talked. You know we are here together. We've been in the house together the whole time since Daniel passed and she -- I'm here because she wanted me to be here and I'm telling you this because she wanted me to.

KING: Are you going to get married?

STERN: It's funny that you say that because with everything that's gone on, I think we realize how much we mean to each other and I've loved her for quite some time and hopefully the feeling is mutual. And, we will. We will. At some point we will. You know right now we have to somehow get through what we're going through.

And, I'll tell you, our baby is the one ray of hope and it's the one thing that's really keeping her going and through it all, even with all the pain she has been a great mom, a very attentive mom and she's always by Danilynne's side.

KING: So, because of the little baby would you say the marriage is sooner rather than later?

STERN: Well, it probably would have been sooner, you know, but for Daniel's death and I just think we have to get through -- we really haven't been allowed to grieve with the way that this whole thing has been handled. And, you know, I -- it's going to be I think a little while before, you know, we're going to be able to experience real happy moments.

KING: I can understand.

When we come back more about the baby and we'll talk to Howard about why Daniel may have been taking antidepressants. Howard K. Stern revealing tonight that he is the father of the baby girl named directly after her brother and that they plan soon to tie the knot. We'll be right back.

(COMMERCIAL BREAK)

KING: We're back with Howard K. Stern, coming forward tonight exclusively to this program. We thank him for doing it. He is in the Bahamas. We have an e-mail question from Gosia in Los Angeles. "Is there a history of heart disease on either side of Daniel's family, Howard?"

STERN: You know, I don't really know. I don't know. Not that I'm aware of.

KING: What about reports? Were there anything to those reports that he might have been in intensive care earlier?

STERN: Daniel was hospitalized. He went there because he had severe back pains and depression. So he was hospitalized for approximately a week, I think. And, again, it was for depression.

KING: Was that ever serious enough that they feared suicide?

STERN: I don't think that suicide was an issue. I think that, you know, he had a break-up with a girl and he just was having a really difficult time with it. And for some reason his back was -- I guess it manifested in his back, or at least I've been told as such later.

KING: Has Daniel's father been in touch during all of this?

STERN: You know, I -- Anna had wanted to call Billy Wayne actually, and I was not able to get the phone number to him. So if -- you know, again, Billy Wayne hasn't seen Daniel since he was an infant. But I know that Anna did want to speak with him about that, so maybe if he's watching he can call in and we can get the number.

KING: So she's interested certainly in talking to him?

STERN: Yes, she does. She wants to talk to him about it.

KING: Howard, has there been a funeral?

STERN: The funeral has not taken place yet. We have plans, but we don't want to disclose what those are, for obvious reasons.

KING: But the body is not being held by the Bahamas, is it anymore, or is it?

STERN: No, it was held up, I think, until last week. It's just a really difficult thing for us to do. And, you know, Anna's really having a tough time thinking about putting her son to rest. That's why ...

KING: How did she deal -- I understand, Howard. How does she deal with this double feeling, the tremendous sadness over losing her boy, and the utter joy that you both of you have in a new little girl? I mean, is it up and down every minute?

STERN: It's not every minute, but it is very up and down. And, you know, when she thinks about Daniel's loss, it's just incredibly difficult for her. And when she has her baby in her arms, that's the one thing that can kind of snap her out of it. She has been -- Anna's a fighter, and somehow, some way, we're going to get through this and everything will be OK.

KING: How do you feel about being a father?

STERN: I'm very excited about it. I wish it was under different circumstances. It's just, you know, I think it's going to take awhile to -- for everything to settle in and for us to be able to get on with our lives. I mean, we'll never get over Daniel not being with us.

But at the same time, you know, we have a big responsibility and a big bundle of joy that hopefully -- hopefully -- will not be affected at all by what we're going through right now. I mean, Anna's doing an unbelievable job just -- I don't know. She's something.

KING: Still to come, what will likely happen at the coroner's inquest into Daniel's death. Lots more, too. That's just ahead.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

KING: What's he doing, high school?

SMITH: High school.

KING: Doing well?

SMITH: Honor student, straight A's.

KING: Was Mr. Marshall good to Daniel?

SMITH: Absolutely.

KING: So he was a good stepfather?

SMITH: Oh, absolutely.

KING: How did Daniel handle all of this?

SMITH: Oh, my life?

KING: Yes, your marriage to the older man. How did he deal with it?

SMITH: He dealt with it very well. He's always stuck together through a lot.

KING: Did he get kidded about it?

SMITH: No.

KING: At school, no

SMITH: No, he was to young for that, I think.

KING: One would imagine he went to private school?

SMITH: Right, he's been to a lot of private schools.

(END VIDEO CLIP)

KING: We're back with Howard K. Stern. Howard, in view of the supposed involvement of Larry Birkhead who claims he's the father, did either you or Anna Nicole tell him what that he's not?

STERN: We both have.

KING: You both have told him?

STERN: Sure.

KING: If it got to a legal case, if supposedly there were lawsuits involved, would you take a DNA?

STERN: Yes. I mean, at this point if he was able to file a lawsuit and do it, I don't know why he hasn't done it through legal means. I don't understand, you know, why he would choose to go through the media to do what he's done.

But at this point I'm not going to do him any favors. I think the lawsuits down the line will probably be coming, is going to be coming from us.

KING: But if it had come to that -- if it came to that you would take the test because you're convinced you're the father, why not?

STERN: Well, if legally compelled to do so, I will. But I'm not going to do any favors for him right now. It's unforgivable to me the way that he -- when everything that we're going through right now, that he would go to the media and not wait until Daniel has been put to rest.

I just for the life of me, I can't understand that. And if he truly felt that he were the father, I just think he would have handled it very differently.

KING: We're joined now from the Bahamas with Howard K. Stern with Wayne Monroe. Wayne is Anna Nicole Smith's Bahamian attorney. Were you there? Did you make the decision, Wayne, to call in Dr. Wecht to give another look at the autopsy?

WAYNE MONROE, ANNA NICOLE SMITH'S BAHAMIAN ATTORNEY: Larry, I'm co-counsel and it was a joint decision when we looked at what was going on.

KING: How do you -- go ahead.

STERN: What happened was that we were very concerned with how the magistrate was handling the matter. And we wanted to know how -- what could have caused Daniel's death. And we just wanted to make sure that we - you don't get second chances at stuff like this.

KING: Wayne, how do you assess the handling of the case by the Bahamian authorities?

MONROE: Well, I think, Larry, you have to separate out the different branches of the authorities. The pathologist acted throughout as they ought to, and they have not speculated. The magistrate who came to take care of this matter had an inquest before the pathologist report could well be said to be premature.

And certainly in a matter of this nature, one has to be very careful and guarded in what one says so that you just don't stoke fires then go and consume the whole matter. So there's been some premature action on the part of some persons involved.

KING: Wayne do, you expect to complete resolution of this matter to your client's satisfaction?

MONROE: Well, I think we have to wait -- first wait and see what the pathologist have to say and then once they would have reported, there are provisions in the law that will cause this to be resolved, in my judgment, to the satisfaction of my client.

KING: We have an e-mail question for Howard from Wendy in Columbus, Ohio. And the question is, "Do you have other clients in your practice, Howard, besides Ms. Smith or do you work for her exclusively?"

STERN: I work for Anna exclusively and I have for quite some time and I'm proud of that.

KING: We'll take a break and come back with more with Howard K. Stern, Wayne Monroe, who is Anna Nicole's Bahamian attorney with us.

Howard announcing tonight that he is the father of baby Danilynne Hope. Beautiful name, the baby girl born to Anna Nicole Smith.

First, let's check in with Anderson Cooper, the host of "A.C. 360" at the top of the hour. Anderson, what's up?

ANDERSON COOPER, CNN ANCHOR: Larry, thanks a lot. A lot going on in Washington. Tonight, the Bush White House on the defensive. First, Secretary of State Condoleezza Rice, fighting back, calling out President Clinton for his claim that he did more to track down Osama bin Laden.

She says it ain't so. Also today, President Bush declassifies parts of report to try and silence his critics who say the war in Iraq is making the war on terror even tougher to win. We'll go from Washington to Baghdad to cut through the politics and get the facts. Larry, all that at the top of the hour.

KING: That's Anderson Cooper host of "A.C. 360." We'll be right back with more, don't go away.

(COMMERCIAL BREAK)

KING: We're back with Howard K. Stern and with Wayne Monroe, both in Bahamas. Howard, one thing. Birkhead claims that Anna told him he was the father. Is there any truth, did she ever say that to him, to your knowledge? STERN: I think, you know, before she knew any of the details about her pregnancy, but it's been clear and she made it clear to him that he's not.

KING: Well that sounds like that there was a chance he might have been.

STERN: Not -- not in hindsight and based on when the baby was born.

KING: OK. I want to ask you about this. A tabloid claims that Anna Nicole needed money and therefore sold photos of Daniel and his baby half-sister to pay for the funeral.

STERN: When we had all the media outcry after Daniel passed, there's literally been photographers camped across the street, driving back and forth, camera crews. And we decided that if we release those images, which told a story of a joyous night, that it was going to be a good thing and we were going to do it to create a Daniel Wayne Smith Charitable Foundation. So she hasn't profited from those images. You know, those images were used or are going to be -- she hasn't received any money yet. Obviously, the funeral is going to take place long before any money comes from that.

It's just, that's the media attacking her when she's down. And I just think that if -- if anybody understood what it felt like to lose a child and then to have the media just come after them, I think that the media would make maybe different decisions.

I just think when Anna's involved, for some reason people, they don't have any empathy or compassion. They just go into attack mode, even when she suffers a horrible, horrible tragedy. And it's wrong.

KING: So there is a foundation that when the money is received, it will go to charitable goods?

STERN: Well, we are creating the foundation. And it's probably, you know, when we find out what the cause of Daniel's death was, it's going to be used to further whatever that is.

KING: I see. We'll take a call. Birmingham, Alabama, hello.

CALLER: Hello.

KING: Hi.

CALLER: Yes. First of all, I wanted to say how sorry I was about this tragic event to Stern and Anna. I'm sorry about this. It's just a horrible thing.

But my question was, I know that you mentioned the father earlier, but has any of Anna's family come forth to console her, and are they planning on attending the funeral?

STERN: That's something that, you know, Anna's going to have to make a decision on. She doesn't really get along with most of her family, and really, Daniel was the only person that she really considers family. But, you know, since -- since Daniel's passing, we've been in contact with her mom and also a cousin. And, you know, you never know. You never know if this tragedy will bring people together. But that's something that, you know, we're not sure of at this point.

KING: We'll be back with our remaining moments with Howard K. Stern, and also Wayne Monroe, Anna Nicole's Bahamian attorney, on this edition of LARRY KING LIVE. Don't go away.

(COMMERCIAL BREAK)

KING: Yet another call. Edmonton, Alberta, Canada, hello.

CALLER: Hi, Larry. I love your show.

KING: Thank you. What's the question?

CALLER: Howard, my condolences to you and Nicole.

STERN: Thank you.

CALLER: My question is, you said that you went to a convenience store to grab some food because you guys were hungry. Is it possible that he had a food allergy you guys were not aware of?

STERN: I don't know. I mean, for me to say yes or no would be speculation.

KING: I think the toxicology report will find that out.

What, Howard, is the status of all the lawsuits that Anna Nicole's been winning in the Supreme Court and the bankruptcy court. Where are we now?

STERN: You know, honestly, I haven't even thought about the lawsuit right now. And we will -- there's been a court ordered mediation, but, you know, right now we're just trying to deal with Daniel's loss.

KING: And Anna is where right now? Is she in a hotel, or are you in a residence?

STERN: She's in her house. She's in our house. It's her house, actually, but she's there, and, you know, unfortunately, we've sort of had to go into lockdown mode because of the photographers outside. But she's home. She's home with Danilynne. And I'm sure right now she's watching us.

KING: Do you feel fatherly toward the late Daniel?

STERN: Yes, I do. I mean, Daniel, you know, Anna was really the mother and father, but Daniel to me was a great friend, a brother. I was probably the man around him the most in recent years. And I loved Daniel. And I just -- like I said earlier, I cannot believe that I'm talking about Daniel's death. And I just -- part of me just wishes I would wake up and this whole thing has been an elaborate nightmare.

KING: Fully understandable. Wayne, is she a good client?

MONROE: Perfect in the circumstances, Larry.

KING: I didn't hear the answer. Is she a good client?

MONROE: Perfect in the circumstances, given all that she has been through and is going through.

KING: Thank you, Wayne. Thank you, Howard. We know this was not the easiest thing to do, and we really appreciate your doing it, and furthering along our knowledge. And we also ask that you give our love and best wishes to Anna Nicole Smith, who certainly has been a good friend to this program. Wish her nothing but the best.

STERN: Thank you.

KING: And the same to Danilynne Hope.

STERN: I will. And hopefully people will pray for her.

KING: I'm sure millions of people will.

Howard K. Stern, Anna Nicole's close friend and attorney, announcing tonight that he's also the father of Danilynne Hope, the little baby born in the weirdest of circumstances.

Tomorrow night on LARRY KING LIVE, Clay Aiken speaks out. From "American Idol" to those persistent rumors to his paralyzing panic attacks. Clay Aiken takes on the tabloid speculation and your phone calls.

And then on Thursday, everybody's favorite child of the '70s, Ashton Kutcher. He talks about everything from his favorite practical jokes on the show "Punk'd" to protecting the privacy of his marriage to Demi Moore. That's all ahead Wednesday and Thursday nights.

(BEGIN VIDEO CLIP)

ASHTON KUTCHER, ACTOR: You know, I don't -- I'm not -- I don't want to -- I don't put that up. Like, I would rather not even talk about it, because it's -- it's just -- it's not for sale. You know, I make art and I make movies and TV shows and things like that, that I go out and promote, and I try to differentiate between the two and not put my family and my -- you know, that privacy up for sale.

(END VIDEO CLIP)

KING: That's Thursday night with our friend, Ryan Seacrest.

Right now, we turn things over to New York, where our man Anderson Cooper stands by to host "AC 360." Lots of news to cover tonight, including, what, an irate Condoleezza Rice following an irate Bill Clinton? The (inaudible) of the -- what's going on?

COOPER: It's a fascinating development, Larry, to say the least. Thanks very much.

TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com

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