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The Battle over Anna Nicole Smith's Baby; Interview With David Spade

Aired March 13, 2007 - 21:00   ET


LARRY KING, CNN ANCHOR: Tonight, the battle over Anna Nicole Smith's baby -- back in court today.

DEBRA OPRI, ATTORNEY FOR LARRY BIRKHEAD: Howard K. Stern's feet will be held to the fire.

Howard Stern doesn't have to go to Larry Birkhead for anything.


KING: Now, all those attorneys are here with the latest on the tug-of-war for the 6-month-old who could be worth millions.

And then David Spade, the star who gets laughs trashing other stars.


DAVID SPADE, COMEDIAN: He got busted for too much guy liner.


KING: What's he have to say about Britney Spears' latest meltdown and all those stars going into rehab? Is it now seen as a good career move?

And who does he think is the father of Anna Nicole's baby?

It's all next on LARRY KING LIVE.

We begin with Ron Rale, the attorney for Anna Nicole Smith's estate, named as successor executor in her will, a close friend of Howard Stern, and James Neavitt, attorney for Howard K. Stern.

From your perspective, what happened today?

JAMES NEAVITT, ATTORNEY FOR HOWARD K. STERN: Well, today we had our hearing regarding whether or not Mr. Birkhead's request to join Howard is going to happen. And the court denied that motion.

KING: What do you mean by join Howard?

NEAVITT: They want Howard to be part of the proceedings in California. And right... KING: And Howard doesn't want to be part of the proceedings?

NEAVITT: Well, that's not the point. The point is they didn't do it procedurally correctly and the court threw it out.

But there is an issue and the court wants to make another hearing on this in two weeks to determine some issues that he came up with on whether he can just bring Howard into the case.

KING: What's your role, Ron?

RON RALE, ATTORNEY FOR ANNA NICOLE SMITH ESTATE: Well, at this point, Larry, it's kind of in limbo. I really, as you know, don't have a client. And so I'm kind of a voice -- I'm probably the only one who knows what's going on intimately in L.A. also in Florida and in the Bahamas. And also as the successor executor of the estate I may be called into play at some point in time.

So I'm right now just monitoring.

KING: Today you were like a friend of the court or?

RALE: I guess that would be a good -- a good description.

KING: Howard is your client?


KING: He's your client?


KING: Why doesn't he just come forward, do the DNA? What do you care, Florida, Smorida, the Bahamas? Do it in Memphis.

NEAVITT: We had, what, the 12th or the 13th people -- person today that claims he's the father. I mean we're going to be dealing with this through all different court proceedings.

KING: Yes, but if you let Larry do it -- if you turn it over to Larry and he's the father...

NEAVITT: My client is the father. He is the presumed father under the law. And now if Larry comes in with the proper DNA and that can rebut that presumption. But right now he is the father and nobody has gone the correct procedural methods to get into court and get that determined.

KING: Has Howard given a DNA sample for paternity testing?

NEAVITT: Not in this case.

KING: Wouldn't that prove it for you?

NEAVITT: He doesn't have to prove he's the father. He has to -- he is the father. KING: Right.

NEAVITT: Somebody else has to come in and try to prove that they're the father.

KING: All right, would you agree that most people think he isn't...

NEAVITT: I mean this is...

KING: ... the biological father...

NEAVITT: You know, this is not an issue for the public to decide.


NEAVITT: It's an issue for the courts to decide.

RALE: Yes, I don't know if most people think that. Actually, I'm getting so many e-mails and most people are saying I think he is or I hope he is, because he seems like a darned good guy. So I've been getting a lot of that lately.

KING: Here's a clip. Here's what some of Larry Birkhead had to say today about all of this.



LARRY BIRKHEAD: One of the reasons that it's become the circus is that the tests -- no one has brought the baby forward to do the tests. To there are, in essence, by holding the baby out and saying, you know, holding yourself out as the father if you're not the father, then you're really kind of creating a circus.

There's one way to end it. I'm -- I'm prepared to take the test. I've always been prepared to take the test. And if everybody wants to take the test and get it over with, then we have no problem.


KING: James, we have an e-mail question from Nicole in Suffolk, Virginia: "If Howard K. Stern is really concerned about the baby's welfare, why doesn't he just submit the baby's DNA voluntarily?"

NEAVITT: You know, Howard, he is the father. He is taking care of the child. He is handling all the aspects of her care. He's protecting her from the public. He's protecting her from the publicity.

I mean the issue here is the child and he's doing what he does as a father to this child. Nobody has been able to -- they've had their opportunity to come into the court, in the proper court in the proper way and try to present the proper DNA. They haven't done it. KING: Ron Rale, I'll make a statement.

Is it true?

No one knows who the father is. No one can really know who the father is until DNAs are taken...

RALE: But...

KING: Is that correct?

RALE: I think that's a fair statement.

KING: You can say you're the father.

RALE: I think that's a fair statement.

KING: You can say I'm the -- you can say I'm the father in the Bahamas, I'm the father in Memphis.

RALE: I think...

KING: You're not the father until you know the test.

RALE: Right. That's a fair statement. And I don't know if I can address Mr. Birkhead's comment.

KING: Yes.

RALE: You know, he's there talking about the circus and what's going on here. But, remember, this is a case that could have settled while we were in Florida. Larry Birkhead, Howard Stern, Ford Shelley showed up at my hotel room, knocked on my door, kicked me out. I had my pants on. Left. And they wanted to talk settlement.

KING: They wanted to settle?


KING: Birkhead and Stern?

RALE: Yes. And let me tell you, I won't -- I can't divulge what was the substance of their settlement discussions, but I'll tell you this, they were getting along fine. The next morning, I think it was, I told Debra Opri before we appeared in the family court there, I said call this off. These guys are talking. We should get out of the way. They want to settle.

KING: And what did she say?

RALE: She said well, we're -- we're just going to have this little hearing just to talk about releasing Anna Nicole's DNA, nothing about Dannilynn. And sure, sure, sure.

What did they do? They tried to sandbag us, went through with the hearing, which they lost. The court denied their request for Dannielynn's DNA. All settlement bets are off.

Now, Opri -- she'll come on your show -- let her say otherwise -- she's saying there will be no settlement discussions between the parties.

If they could talk, this thing could have been settled. If they want to make us go to court, we'll go to court. But it's unfortunate.

KING: An e-mail question, James, from Grace in Ottawa, Ontario: "What happens if it turns out that neither Howard nor Larry is Dannielynn's biological father?"

How is custody determined then?

NEAVITT: Well, the...

A fair question.

NEAVITT: The issue is my client is the father based on the presumption (UNINTELLIGIBLE)...

KING: But that's not the answer to this question.

NEAVITT: No, no, I understand that. But the question is if the DNA tests came back and Larry is not the father, my client is still the father, like he's been now.

KING: But what if it...

NEAVITT: He doesn't have to prove he is the father.

KING: What if the DNA of all of them comes back and neither one is the biological father? Then what?

NEAVITT: The issue is Larry Birkhead's going to take the test. My client doesn't have to take the test. He is already presumed to be the father.

KING: What happens if Larry Birkhead passes the test?

NEAVITT: Then he is going to come in with that information, present it to the court...

KING: And he's the father?

NEAVITT: And he would be the father.

RALE: That's not the end of the story, though, by the way.


RALE: Just because you have -- if you're the biological father, that doesn't mean you have a judgment of paternity. It could be that the non-biological father is adjudicated to be the father for paternity purposes. So...

KING: OK, a question for you, Ron, from Karen in Piscataway, New Jersey: "You stated in a press conference today that Howard K. Stern is very interested in a settlement. Since Howard said he's not looking for financial gain, what does he want to settle?"

RALE: Well, if I understand the question, Howard has been reaching out. First of all, Howard was...


RALE: To Larry Birkhead. Howard was never a party, nobody tried to have Howard as a party to any of these cases until recently, until Anna Nicole passed away. And now, after Anna passed away, Howard has been reaching out, trying to settle. And like I just described before, he was thwarted by, you know, I'm going to say, you know, Mr. Birkhead's counsel.

But these -- these guys were going to talk and they could have settled. But now Howard is not allowed to talk to Larry. So we're forced to go to court and unfortunately that's what's going to happen. We'll just be facing each other in court.

KING: You're saying it has nothing to do with money?

RALE: No. First of all, the money issue, clear as day. Everybody -- everybody has seen the will. Larry Birkhead's not a beneficiary. Howard's not a beneficiary. Howard is an executor and Howard is a guardian. Howard doesn't have to bargain for anything. There's no money that -- that Birkhead's in control of.

KING: Yes, but the executor of my will doesn't get the money.

RALE: Right. How -- first of all, Howard would waive compensation as an executor. He's not a beneficiary. Birkhead is not a beneficiary.

What does Howard need from Birkhead in terms of financial?

Birkhead doesn't have control over any of the finances.

KING: Where is it all going, James?

NEAVITT: This case?

KING: What's going to happen? When?

NEAVITT: I mean as soon as Larry's counsel gets the case in the proper form and deals with it -- and we're there on Friday, as I understand -- it could be dealt with then. But right now, she's trying to form shop. She's going to the Florida, she's going to California and now she's...

KING: Will we have a solution?

NEAVITT: I believe so, soon. If we can get an agreement. RALE: I mean that's a, you know...


RALE: If there were no lawyers involved, we'd have a solution.

If not, what are we going to do?

We have a gun to our head. We're going to keep fighting in court. It's unfortunate but...

KING: We have heard much about Debra Opri. We'll meet her. She's up next. We'll get that side of the case. We'll find out if the self-proclaimed father of Dannilynn has the forcible evidence to appear and really does expect to get what he asked for in court today.

As we go to break, Birkhead's comments about holding Dannilynn in his arms.


BIRKHEAD: It was one of the greatest things in my life, you know?

It was -- it was magic. That was my delivery room, you know, just (UNINTELLIGIBLE), because I didn't get that opportunity or that privilege. So, you know, it's -- that's -- I guess that's one of the reasons why I'm smiling, you know?




BIRKHEAD: And I'm not aware of any negotiations, you know. My daughter is not for sale and my daughter -- I mean, we're -- I think what -- there were some things mentioned back and forth about a resolution and that's -- all that's still, you know, out there. And I'm just, you know, the only resolution or any kind of deal that we've made, you know, how quick can I get my daughter and when will the DNA tests be made?


KING: We're back with Debra Opri, the attorney for Larry Birkhead. Larry maintains he's the biological father of Anna Nicole's baby daughter, Dannilynn.

What do you make of what our two friends, James and Ron, had to say?

OPRI: They're no friends of mine, Larry.

First of all, Ron...

KING: They said you upset the whole apple cart.

OPRI: No, look...

KING: They had a settlement and you overturned it.

OPRI: No. When they are directing Larry to come without attorneys to speak about the funeral and the first thing they put in front of him, with perhaps Ron Rale's assistance, is a confidentiality agreement, which he did not sign, and then during the discussions for the funeral start talking about, you know, I have no problem giving back your daughter and stuff, only if you do this, this and this.


KING: That was said?

OPRI: Well, let's just say there were financial discussions and I'll leave it at that.

Now, it is Ron Rale's intention -- and he's been out on the TV circuit with Krista Barth and Mr. Neavitt for a long time now saying get rid of the attorneys, get rid of the attorneys.

Larry, Howard K. Stern is an attorney. Ron Rale is an attorney. Larry Birkhead is a photojournalist. They want me out of the picture. They are doing everything they can. Howard K. Stern calling Larry 10 times a day.

KING: He does?

OPRI: The bottom line is they are inserting their influence on my client and it's a problem for me.

KING: Well, if, though -- and I -- you did say it...

OPRI: Yes.

KING: ... if they're saying Larry, it'll be your baby and then we'll discuss other things, isn't that what you want?

OPRI: I want them to do a DNA test. I want that baby produced. I took Howard K. Stern into the Los Angeles jurisdiction and our judge said, under a new case, that man is coming in, because he's held himself out as the father. Neavitt sits here and has the audacity to tell you he's the presumed father under Bahamian law?

Bahamian law needs a piece of paper. It doesn't need anything else. I filed in the California jurisdiction so Larry would have standing to go there. That birth certificate isn't worth the paper it's written on.

KING: The same statement for you I gave to them.

No one knows who the father is, correct?

OPRI: Larry Birkhead is the father. KING: Well, you can't know that. If she slept with any other person...

OPRI: All we need...

KING: ... during those months.

OPRI: All we need is a DNA test to confirm it.


OPRI: But Larry Birkhead is the father.

KING: But you don't know that...

OPRI: Howard K. Stern...

KING: You can't know that.

OPRI: I'll tell you what Larry Birkhead said. There's only one to make a baby.


KING: That's it.

OPRI: Howard K. Stern...

KING: All right, are you saying...

OPRI: ... didn't do it.

KING: ... no one else slept with her during the period...

OPRI: That's correct.

KING: ... when she could have had -- no one else...

OPRI: No one else.

KING: ... slept with her?

OPRI: That's correct.

KING: He's -- he knows he's the only person.

He was with her day and night?

OPRI: It was Ben Thompson who had a vasectomy, and it was Larry E. Birkhead. He was with her 24-7.

KING: For all those months?

OPRI: Yes.

KING: OK, now what's going to happen Friday? OPRI: (LAUGHTER).

KING: Did you lose today?

They said you lost today.

OPRI: No. We filed a Motion of Joinder. Procedurally, because they had not yet opened probate, the judge couldn't grant the motion, because there was no one in charge of an estate for somebody to step into Anna's shoes.

Layman's terms?

We dragged Howard into there, we served him in Florida and the judge said he's coming into the case and I may order him to do a DNA test, because I want to know who the father is.

So James Neavitt and Ron Rale could sit here, say I'm interfering with good faith settlements. No settlement discussions, Larry, that have been forthcoming have been in good faith.

KING: An e-mail from Liz in Shrewsbury, New Jersey: "If it turns out that Howard K. Stern deliberately lied about being the father of Anna Nicole's daughter, is there any legal action to be taken against him?"

OPRI: Yes. I'm a New Jersey girl, so let me tell you as a New Jersey girl. First of all, that birth certificate is not written -- or worth the paper it's written on. We can go after him for damages. Our attorneys in the Bahamas advised us that there are criminal consequences for Howard K. Stern lying on a birth certificate. And the judge in the Bahamas, it's my understanding that he's going to nominate a doctor. We hope it's ours, that was authorized by the court in California, and he is going to order a DNA test this Friday.

KING: Now, it appears that Howard K. Stern is coming forward to your client. He's -- he appears to be reaching out. He appeared at the funeral. He appears to be wanting to settle this in some way.

Why aren't you open to that...

OPRI: Larry...

KING: ... get away from all the court things.

OPRI: ... when we were ordered by Milstein to meet regarding the funeral arrangements, I'm the one who said to Larry, what do you think about the three of you -- Howard, Virgie and yourself -- walking out in unity to let everyone know you're going to work together for the funeral?

And Larry says, yes, let's do it. We went up to Krista Barth and Ron Rale and Howard said, sure, let's do it. We walked out and we showed unification.

And at that point in time, I took a step forward and I said and thank you, Howard, for allowing Larry to see his baby at the funeral. He says, yes, that can be arranged.

That unification was Larry Birkhead. It wasn't Howard K. Stern. The -- the conditional meeting where they used Ford Shelley as an intermediary, that was nothing but a funeral discussion that Howard tried to turn into a business arrangement, and we won't do it.

KING: When is this -- when is it over, Debra?

OPRI: It's over when the judge in the Bahamas says Mr. Stern, she's going to do a DNA test. The baby will be submitted to -- for a DNA test and we'll get it done.

And in just in case, to protect ourselves, I have the California jurisdiction dragging him in by his feet.

KING: Thank you, Debra, as always.


KING: Debra Opri.

You may not agree all the time. She is never dull.

When we come back, why the delay in Anna Nicole's final autopsy results. We'll talk with the medical examiner, Dr. Perper.

Plus, Anna's friends, Patrik and Pol, is it possible one of them might have to testify in all of this?

We'll ask, next.


KING: Joining us in West Palm Beach, Florida, Dr. Joshua Perper, the Broward County medical examiner who performed the autopsy.

The autopsy report was -- we expected the findings last week.

Why the delay, doctor?

DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: Well, we were supposed to release the results of our investigation and our conclusion today. However, we became aware of new evidence and after a very extensive and in-depth investigation, we felt that we cannot afford to ignore or to dismiss information which may be important. And therefore, in the next day, I'm going to have the opportunity of reviewing the evidence and within a day or two, we'll have our final report and a press conference which would reveal that.

KING: Dr. Perper, when you say new evidence, does that imply some sort of wrongdoing?

PERPER: No. No. It implies that there is new evidence which I have to review and make a determination whether it contains substantial evidence which may change or alter or even support strong -- in a stronger fashion -- our determination. And it -- at this time, it's a gray box and I don't know what is inside this gray box.

KING: From what you have discovered so far, is everything in keeping with your original thoughts and findings?

PERPER: No. As you are going to find out when we have our -- our press conference, we -- we changed our views as more and more evidence came in. And there were a number of changes which were significant. And this was one of the reasons why we didn't want to disclose information in a dripping fashion.

KING: Isn't that puzzling in a case of what is presumed to be a natural death?

PERPER: No. There are cases which are more complex. This is definitely a more complex case. And I think we did a very extensive, as I said, investigation with a very wide toxicological spread and we -- we considered all the possibilities and all the probabilities in this particular case.

So we -- we took a very thorough approach to it and whatever are going -- whoever is going to review our findings is going to reach this conclusion.

KING: Thank you, Dr. Perper.

We look forward to that press conference and having you return with us.

Dr. Joshua Perper, the Broward County medical examiner.

PERPER: Thank you.

KING: Always very cooperative.

Now, here in Los Angeles, Patrik Simpson, friend of Anna Nicole and Howard K. Stern, and Pol Atteu, who is also a friend of Anna's and a personal designer for her; Patrik's life partner. He's also a friend of Howard K. Stern.

All right, have you gotten through it already now, Patrik?

PATRIK SIMPSON, ANNA NICOLE'S FRIEND: We are. We are. It's -- it's still hard to believe that she's gone. It is. But we're -- we're still working through it every day.

KING: Pol, how you doing?

POL ATTEU, ANNA NICOLE'S FRIEND: Well, we're actually talking to Howard every day, consoling him, trying to make sure that everything still is, you know, the same; asking about Dannilynn. I mean we just got back about six, seven days ago. And we're just making sure that she's still well taken care of and everything else.

KING: Who's taking care of her, Patrik?

SIMPSON: The nanny, Mrs. Gibson, Gerlene. KING: Howard is there a lot?

SIMPSON: Yes. Oh, yes. Absolutely. Howard is involved every moment with the baby.

KING: What do you make of the earlier discussion here, Pol, about Howard possibly coming forward, together with Larry and the dispute with (UNINTELLIGIBLE)...

ATTEU: Howard -- you know what?

We've known Howard for many years and we know his intentions, which has been to protect Anna. And he's -- he is the one that's always initiated the friendship with everybody. He's always been the one to initiate any conversations or talks or resolutions with everybody.

I think it's everybody else that's trying to make different issues because they just -- they don't know where else to do, so they're taking it to their -- to the courts.

But he's had -- even up in Florida. He invited them over. He wanted to talk to them. He wanted to resolve things with them. He wanted to make sure that everybody was on the same page.

Then they leave and suddenly he gets a notice.

KING: So you thought that his efforts at conciliation were real?

ATTEU: Oh, absolutely.

SIMPSON: Absolutely they were. Yes. Howard has always done everything --


SIMPSON: ... that Anna wanted and he's always done everything for her wishes. That's what it's all about.

KING: If Anna was addicted to something or there were drug problems, do you worry about the baby?


ATTEU: You know...

SIMPSON: The baby is perfect...

ATTEU: ... I see...

SIMPSON: The baby is healthy and happy...

ATTEU: You know what?

The baby was healthy...

SIMPSON: ... and...

ATTEU: The baby is healthy. We have spent many, many, many days and nights with the baby.


ATTEU: A beautiful, healthy baby. Anna, except for the fact that she went through the trauma of Daniel's death, we don't know of such things that has been exaggerated in the media. It's not the friend that we know, not the times that we've shared with her.


ATTEU: So...

SIMPSON: This picture of her being drug addicted, we never saw it.


SIMPSON: And we spent many times with her.

KING: Are you concerned about the autopsy report?



ATTEU: Like concerned in what way?

I mean we know...

KING: That there might be something nefarious going on here.


SIMPSON: I think she was sick.


SIMPSON: She had pneumonia for a long time and she just wasn't doing well.

KING: At that age you don't die of pneumonia, do you?

ATTEU: You know what?


ATTEU: The burden of -- of losing your child and the birth of another child, relocating to another country, people trying to evict you from your own home.


ATTEU: A strange land, new friends, a new environment and all you wanted to do was go to the Bahamas, have some peace and quiet, raise your family, get to know them and then here you were.

KING: "Law and Order" is going to do a fictionalized account of this whole thing, the Anna Nicole.

What do you make of that?

SIMPSON: That's what I heard. I think it's interesting.

KING: They always do all famous (UNINTELLIGIBLE).

SIMPSON: Right. Yes, I didn't know that, but I think it's interesting.

KING: You guys are going back to the Bahamas soon?


SIMPSON: Very soon.

KING: For what purpose?

ATTEU: Well, we have -- we still have attachments there. We still have Howard there. We still have the baby there. We are the uncles. I mean we can't have the baby not see us for periods of time.

KING: You are the uncles?

ATTEU: Well, we are.

SIMPSON: We are the uncles, yes.

ATTEU: I don't know.

SIMPSON: We'll always -- we'll always be in Dannielynn's eyes.

ATTEU: We'll always be Dannielynn's uncles.

KING: I mean did Anna say you're the uncles?

ATTEU: Well, she invited us over for the birth of the baby, so...

SIMPSON: Actually, Anna told us that we were going to be godfathers. We thought we were going to be godfathers to the baby.


KING: And the final resting place, very nice?

ATTEU: It's beautiful.

SIMPSON: Beautiful.

ATTEU: It's -- I'm glad that people got to see and respect Anna's wishes, because ultimately it was her life, it was her decision and it was her final funeral, not anybody else's. So I'm glad that they were able to respect that for her.

KING: Do you think all of this is going to be resolved, Patrik?

SIMPSON: You know, I think it will be resolved, but I think that there's always going to be something that's going to come up, because Anna lived larger than life.

KING: It's never ending.


KING: Thank you, both.

Always good to see you.

ATTEU: Thank you.

KING: Patrik Simpson and Pol Atteu.

Coming up next, David Spade.

He's gone from "Saturday Night Live" comic to snarky host of an anti-Hollywood show.

Prepare yourself for the truth about Tinseltown's top celebrities as we go to break.

Here's a sample of David's work.


SPADE: All right. Brad Pitt and Angelina Jolie had their baby. I don't know if you heard about this. A big story this week. They have sold the first photos of their new baby for $4 million. While $4 million sounds like a lot of money, keep in mind, the baby is totally nude.



KING: We are back with one of my favorite people, David Spade. The host of "The Showbiz Show with David Spade," which returns for Comedy Central for its third season this week. He's also the co-star of the CBS sitcom, "Rules of Engagement," a very funny show, by the way.

SPADE: Thank you.

KING: I really get a kick out of it. How did this thing start for you with show business stuff, where did that come from?

SPADE: I think it's just you know what you know and you know what business you're in. And when I was doing "Saturday Night Live," I would sit around and read magazines and just kind of talk out loud, stuff that made me laugh about photos they take of people and what celebrities are doing. And then that turned into a little segment I did on the show.

And then I kind of thought about things more, because I was writing for that. And then when I left the show and did "Just Shoot Me" and I did movies, or whatever, it's just always something you talk about with your friends and it's basically what you do when you sit around with your buddies. Because everybody is in the same biz.

KING: So did they come to you, Comedy Central, or you go to -- how did it come up?

SPADE: Yes, it came up as an idea with a show with a friend of mine that worked on "Saturday Night Live." And he said we should do that as like a half-hour show. And I said, well, there's "The Daily Show" about politics. That kind of makes sense, you know, to go in there and kind of make fun of show biz. So we put it together, we had a different host, and I was working on something. And then they said, we will pick it up but if you jump on as the host. So it was just one of those quick things like, why not?

KING: Is it easy to find something every day?

SPADE: Surprisingly, yes, Larry.


KING: It's that kind of business?

SPADE: Well, you know, we've been off the air for six months, and look at so much that has happened. I mea, it has just been a -- from Mel Gibson to Michael Richards, Britney Spears.

KING: Do you miss it when you're not on?

SPADE: I kind of miss it. I mean, we still talk to -- you know, within my comedy friends and other people I run into.

KING: No, miss being on?

SPADE: I do miss being on. Because there is so much juicy juiciness to get in there and make fun of.

KING: What do you make of your friend Al Franken running for the Senate?

SPADE: Franken, I didn't -- I heard little mumblings about that. I don't know.

KING: He is an announced candidacy in Minnesota.

SPADE: All right. Well, I'll see. He doesn't have me yet. Let me see what...

KING: Doesn't have you yet?

SPADE: Not yet. Let me hear what he has got to say.

KING: You worked together, didn't you?

SPADE: Yes, but I want to hear what he has got to say, I'm tough.

KING: Ah, David, you're tough. All right. We just discussed it. What do you make of this whole Anna Nicole thing?

SPADE: Anna Nicole is a tough one because she passed away and it was kind of the angle I saw was, it went from being, you know, someone we joked about a lot. She ballooned up to about three bills. It was just kind of, I don't know what was going on. And now there's a funeral that's like Lady Diana going through the town with little John-John out there and bagpipes.

I go, when did this happen? When did it turn from like the biggest thing in the world -- you know, I don't know what happened there that it got very important. And I think it snowballs to where even CNN is...

KING: Even.

SPADE: You know what I mean?

KING: Didn't we all help create it?

SPADE: Yes, created it. And you know, it got pretty chaotic and even right now with the baby daddies and there is a guy in Arizona that now says he's in the mix. And it's really -- I think it's such a carnival-like situation, even though it's real people in real life, that people are just fascinated. They can't get enough.

KING: So you have not had to deal with it, because you've been off the air.

SPADE: We have been off the air. And I don't...

KING: And now you are back. Are you going to leave it alone?

SPADE: Yes, we're back. Thursday night it will be on. I don't think we ever really leave anything alone, but I don't think we have any -- we will do it in a recap. We are going to recap a little bit of what has been going on. But I just can't hit that too hard because it has been hit from so many sides, it's hard to come up with a new angle.

KING: Would you look -- on your show, even though it's basically humorous and a good slant, would you break the story on your show?

SPADE: I would try but sometimes people will e-mail me or I'll run into people out at night and they will tell me basically secrets or think this is going to happen, and this person is coming out or this is -- and to me, I can't really break that unless it's common knowledge so people can laugh at it. It looks like I'm making it up.

KING: So you're a reactor?

SPADE: Yes. I'm kind of a reactor. And it's like, maybe if it -- you know, it's a little bit like "The Daily Show" in the way we have people on and celebrities and blah, blah. But if someone wanted to come on and talk about something, I would do that and let them get it out, get it off their chest.

KING: All right. What do you make the Britney -- by the way, do you know Britney?

SPADE: Britney is one of the few I don't think I've even run into. I see her out. I thought she's a pretty girl. She sold a lot of albums. She was a big influence on kids. She has done a great job. And I think when she got into that K-Fed stuff, it got a little iffy, where people started to go, hmm.

And then it just kind of spun from there. But you get questioning, is it -- when you're in the paparazzi and stuff so much, do you miss it if you're not? Or are you truly trying to do normal things and it's just them making you crazy?

KING: All right. Do you ever think, as they often think, that you and others are taking advantage of them?

SPADE: Yes. I think I am a little bit. I mean, I just think...

KING: Well, you're rare because you're a talent.

SPADE: Well, yes, that's a little different.

KING: Most of the people report. You're a talent. You're a funny guy.

SPADE: Super talent, yes. Thank you.

KING: You are super, super talent.

SPADE: Oh, thank you.


KING: Frank Sinatra once told me that the trouble with gossip is that the people doing it are taking advantage of those eminently more talented then themselves.

SPADE: Right. I kind of follow that. Well, I think that it's less -- our show is less about gossip and more -- you know, one thing people say is like, we go after celebrities. It's not really like taking potshots. We will read the paper and read what happened to some celebrity and then do a joke about it.

It's not like we are looking off camera going, this guy has no career. Let's go kick him in the you-know-what. So we are just doing like what Chris Rock does or what Letterman does. It's that kind of thing.

KING: More of that than, hey, I've got something to tell you?

SPADE: Yes, yes, yes. It's more like -- it's not Rona Barrett.


KING: Rona Barrett.

SPADE: Yes, I change it for your audience there.


KING: Still ahead, we will delve...


KING: We are going to delve into David's personal life, including his relationship with a very famous actress and sex symbol. Don't go away.



UNIDENTIFIED ACTOR: You want to join us, Russell?

SPADE: At the table on your creepy cult of monogamy? No thanks. I'm just picking up a coffee to go.

UNIDENTIFIED ACTOR: You know, you just make jokes about relationships because you wish you could have one.

UNIDENTIFIED ACTOR: Yes, you're just jealous.

SPADE: You know what? I'm a little bit jealous, you're right. Now, if you'll excuse me, I have to go do whatever I feel like doing, all the time.


KING: That's a funny show. "Rules of Engagement." He's the single guy and he makes it very, very appealing. Good script.

SPADE: Thank you very much.

KING: Do you have any part of the writing.

SPADE: I don't have a lot of it. I think it's -- they let me add jokes and screw around like we did in "Just Shoot Me" and that's great.

KING: OK. You have received a lot of tabloid attention about involvement with Heather Locklear after her breakup to rocker Richie Sambora. Give us the scoop.


KING: Come on, David. What's it like? I like Heather.

SPADE: Heather is great. Nothing not to like. Knew her a little bit when she hosted "Saturday Night Live" when I was there. I always thought she was cute and sexy and just one of those kind of girls that is always like up-beat energy and fun.

Never thought I would run into her or see her, but I started (AUDIO GAP) we were friends and then those two split up and we just started hanging out a lot and then she went through a tough time with him. And then her buddy, her friend, and that didn't go well. So I kind of was there during all of that. And it was a rough time for her, you know.

KING: And did it develop into a romance?

SPADE: It was something along those lines.

KING: So it wasn't when she was married?

SPADE: No, no, no. No, we were kind of friends them. We started to hang out a little bit. She got divorced and then later on we just started seeing each other and all of those things that (AUDIO GAP) you know, I mean, I -- obviously, I was lucky to be there (AUDIO GAP) and she found something appealing about Spade.

KING: And we will take a break and be back with more of David Spade. As we have learned, hot news about he and Heather Locklear. Don't go away.


KING: We will be right back with David Spade. Let's check in first with Anderson Cooper, who will host "AC 360" at the top of the hour.

What's up, Anderson?

ANDERSON COOPER, CNN ANCHOR: Larry, tonight, a pair of stories rocking Washington, right now, affecting the entire country. One centers on allegations that the Justice Department, with input from the White House, fired eight U.S. attorneys in part because they weren't doing the administration's political bidding. These are the men and the women who are supposed to enforce the law and even though they serve at the president's pleasure, they have a long tradition of not playing politics. Their boss, the attorney general, is now under fire. We'll bring you the latest on that.

Also, growing rage over remarks by the nation's top military commander about homosexuality in the military. That and new evidence on the so-called tomb of Jesus and a whale attacking, Animal Planet Jeff Corwin weighs in on that. All that and more, Larry, at the top of the hour.

KING: This U.S. attorney story is getting huge, isn't it, Anderson? COOPER: It is growing literally by the hour. And we will continue to follow it. A lot to talk about with Jeff Toobin, that's right at the top of our program.

KING: That is "AC 360," 10:00 Eastern, 7:00 Pacific. Back with David Spade, host of "The Show Business Show with David Spade." Returning Thursday night to Comedy Central, its third season this week. And he co-stars on the CBS sitcom, terrific show, by the way, "Rules of Engagement."

All right. What about everybody goes to rehab?


KING: There must be a rehab bus.

SPADE: And "Little Miss Sunshine" is in "prehab." It's all bad.


SPADE: This rehab thing is a little intriguing because we were going to do a field piece about it because I wanted to go to the therapist, Isaiah Washington, the guy from "Grey's Anatomy," you know, one of these therapists that is a legitimate therapist and say, listen, I don't -- how do you make me like black people? Or, I want to like gay people? So I have got one week. I have got to get back to work.


SPADE: And so turn me around. It's so funny like the regular booze rehab is one thing and that's -- obviously, it's hard to make fun of. But we do. But because seemingly people are trying. Now the Lindsay Lohan, who I think is great, but when you go to rehab in Malibu, and you can kind of -- it's kind of pretend where you get to leave to shop. Have you read this? And then they leave...

KING: I didn't know, they leave?

SPADE: Yes. You can leave. And you can leave to go to bars. It's like, well, I will do that. I don't have a drinking problem. I just want to live in Malibu. But if you can just go back and forth, that's the tough part. It's kind of answering the public as everything in the celebrity world, as we all get how it works.

But if you're caught doing something, you have got to do something to show people that you are not really that way even if you are. Like Michael Richards, he doesn't -- he says he's sorry, but you know -- you don't know. And he's there with Jesse Jackson. Well, you didn't like -- didn't seem like he liked these people a week ago. This is probably your worst case scenario.

But now you're suddenly happy and everything is great. I get it. You're just -- it's a free speech thing where you're allowed to think certain things, and if you are, are you allowed to say them?

KING: What is their success ratio, do you think?

SPADE: I think 100 percent people saying they are changed. But are they changed? That's the hard part. But I'm in this, too. And I go out and I have drinks at night and whatever. There's definitely a thing about being someone known that it's somewhat stressful or it normal people being (ph) stressful.

KING: Our fascination with celebritydom (ph) is...

SPADE: Yes. It's a little weird that people take your picture and walk around and know who you are wherever you go. So sure, I guess people go to booze. It's hard to keep everything at a normal level. I'm a pretty normal guy but it's very hard. So I feel for some of these people, I get it.

KING: Do you ever want to go to rehab just to see what it is like?

SPADE: Meet girls. I mean -- oh. What did you say?


SPADE: No. I have had some people I know in rehab and it seems like a drag.

KING: All right. Let's discuss some people.

SPADE: Please.

KING: Tom Cruise. What is your read on Tom? Great actor.

SPADE: Tom Cruise, you know, he gets a pretty bad rap. You know, he says he loves his wife. I guess that's a big crime. You know, and he just gave guys a bad name everywhere. Because you're like, why didn't you tell me that stuff?

But I think he is a -- he doesn't seem like a bad guy to me. We do make fun of him, of course, because he's in the news. But he basically -- I went out and saw "Mission: Impossible III." I liked it, still good to watch, good actor. Try to separate it all. I don't -- these people I don't ever really dislike or have a problem with.

It's all just kind of fun to make fun of what's going on. But he's in an interesting situation. I think the scientology aspect of it, some people have a problem with. Whether that's right or wrong, that's the part they focus on. Other than that, he's got a great- looking wife. He's a good actor. I mean, could be weirder, I guess.

KING: What's your read on the Mel Gibson thing?

SPADE: Mel Gibson happened when we were gone and I just thought the camera phone is going to be the death of us all. Because the camera phone and camera video phone and the same thing with Michael Richards, these...

KING: Gotcha. SPADE: Yes. This is like Michael Richards would have been down in the books as just a bad set and a bad comedian that night, because this stuff happens every night. And -- but once you get caught, it blew so crazy that I just think there's no secrets anymore and watch it all.

KING: Does it cause you to be more careful?


SPADE: When I say the N-word? No.

KING: No, in anything. When you're walking down the street, don't do something dumb?

SPADE: Exactly. When I leave my house, as much as I'm not where Brad Pitt is or Angelina, who are a very interesting couple because they are literally out there trying to do nothing but good things.

KING: They are.

SPADE: And everyone just takes their shots. Both nice people. Both -- but it's just so odd to people that they are doing that much good and jokes still flow. But when I go out of the house, I have to realize that as much as I'm not on -- I'm on a certain level, at least a guy driving by in a car will beep, or at least the guy next to me, I realize he is staring at me and could rat me out to something.

You know, a kid on a plane is like, hey, how are you doing, buddy? And I'm like, kind of middle of SkyMall, but I look up and play with him, because I don't want his mom to tell The Enquirer that I was a jackass to their 5-year-old. So I'm like, hey, pull my hair. You're my little buddy.


SPADE: So that's kind of what it is. You're kind of always on guard. You had better be real, and you'd better not complain when someone goes, I saw you out, you did something dumb.

KING: You're the first person in my entire life who has ever said they read SkyMall.


SPADE: Listen, I need a Hot Diggity Dogger. Where am I going to get one?

KING: A lot people think you and Ellen DeGeneres may have been separated at birth. That you look alike. We are going to show the picture here.


SPADE: Yes. Ellen and I.

KING: You could be brother and sister.

SPADE: She is cute. You know, I had a crush on her when we -- I told her this on the show, we did the Dallas Improv years ago, way, way back, and I liked her because she was the headliner and she had a Walkman, so I thought she was rich.

So we hung out and I was going to ask her out, until I got the news. And actually we had the news a while back. Because in the comedy world, I was told, you shouldn't ask her out, Dave. I go, she's cute. She is cute, Dave. Not your type.

KING: Whatever happened to the Walkman?


SPADE: That's a whole 'nother half-hour.


KING: ... SkyMall and the Walkman?

SPADE: My bits are full of this stuff. Stay close. No, the Walkman...

KING: It's gone, right? It's gone.

SPADE: I think so. I think that's the end of that.

KING: Coming up in our final segment, David's thought on a late, great "Saturday Night Live" star Chris Farley. As we go to break David and Chris in the hilarious movie "Tommy Boy."



CHRIS FARLEY, ACTOR: Review time, let's do it up. Feed me.

SPADE: First, what are the three greats of Callahan brake pads?

FARLEY: Personal, commercial and agricultural.

SPADE: And what is our carrying charge for all of the merchandise in the warehouse?

FARLEY: Oh, man!

SPADE: One-and-a-half...

FARLEY: Half percent! I knew that! What can't I remember it!

SPADE: Try an association like, let's say the average person uses 10 percent of their brain. How much do you use? One-and-a-half percent. The rest is clogged with malted hops and bong resin.

(COMMERCIAL BREAK) KING: Coming up later this week, Mitt Romney. He could become the first Mormon president in U.S. history. Plus, one of the funniest men in America, Chris Rock, both ahead this week on LARRY KING LIVE. Mitt Romney on Thursday. Chris Farley -- oh, Chris Farley, I was going to ask you about Chris Farley. Chris Rock on Friday.

What about Chris Farley, David, how close were you?

SPADE: Chris Farley was -- I met my -- met his first day of "Saturday Night Live." I had been on the show four episodes, and then we had a summer break and I came back as a writer basically and Farley was a performer. And Farley, Rock joined. Sandler joined later that year. But Chris Farley and I connected the day we walked from the hotel, the set the first day and did not really separate ever since.

We were -- I would say my best friend there and had a great time. I love Adam Sandler, Chris Rock, all of my friends there. Had a special thing with Chris because of the movies. And we were together 24/7. We were like an old married couple except we slept in the same bed.

KING: Where were you when he died?

SPADE: See, they are coming...

KING: I got it.

SPADE: I was -- you know what, I was doing "Just Shoot Me." We were doing a table read and I got the call from my manager and said you're going to hear this in minimum an hour from anywhere across the world. I just want to tell you first. Died of an overdose. Got to go. And I walked back to the table read, sat there for second and fell apart for at least a half-hour. They had to like drag me in the other room and I couldn't quite deal with it.

It was pretty brutal. I mea, I can't say I was shocked. And that just -- you -- he was so tough and so much tougher than me. He could do all of that stuff more than me. I thought he could pull through anything. And to have it stop, it just rocked me for a long time.

KING: Was he sick?

SPADE: I mean, I guess, you know, for the most lovable kind of sweet-natured guy that was such a people pleaser and so great, you know basically, when I met him on "Saturday Night Live," I think the wheels had come off. It was just fame, money, girls, just pouring gas on it. It just got worse from there. I think he already would have been in danger and it just -- it didn't help.

KING: He was another Belushi, wasn't he? He was in that league?

SPADE: Yes. He was to me, I would say, funnier. It is arguable. But when we were on the show and he would go, I want to be like Belushi, I want to be like Belushi. I would go, you're as good as anybody. I mean, you will ask guest hosts, from Steve Martin, Bill Murray, people come in would be like, you're unbelievable.

So he would wear Belushi's pants from wardrobe if he found his name in them over his pants and wear them on the show to get the magic, to get anything it was from Belushi. And I would go, you're an idiot.

But he was very into that. They both died at 33. But a sweetheart of a guy. And I tried everything i could, because I was there for all of the times, no one knew what was going on. So by the end I kind of avoided him.

KING: Oh, really?

SPADE: Well, because, you know, when we were like walking down the street and people are like in New York going, Spade, Farley, have a drink with us. You go, hey how are you doing? But he would go, all right. And even they would be surprised. What? Oh, get a chair, he's coming. And he would stay with them for 24 hours.

KING: Was it hard not to laugh when you did scenes with him?


KING: Like that scene we just showed?

SPADE: Yes. The "Tommy Boy" was -- I did it on "Saturday Night Live." You know, Lorne would yell at us, this one -- and the gap (ph) girls (ph) I wrote, I would write him sounding dumb as he would say to me every day. And "Tommy Boy" I had had jokes from too, because I think it was -- I was good enough of an ear, wasn't as funny as him but I could tell when he was really good and I would remember it and go do fat guy in a little coat, or dude, is this fading (ph)?

KING: Did he ever do stand-up?

SPADE: This one, we all laughed, even Sandler, this is so funny because I only wrote that so we could all be in rehearsal together all week. And Farley steals it.

KING: Thank you so much. Oh, by the way, do you want to give us one of your bye-byes?

SPADE: Oh, buh-bye. Can't get off a plane without it anymore.

KING: David Spade.

SPADE: Thank you very much, Larry. It's great to see you.

KING: Thank you.

Our text vote question last night: Which do you like, comedians to cover more celebrities or politicians? Which do you like us to cover more, celebrities or politicians?

SPADE: Uh-oh, you should have waited until I left to read the results. KING: A, a comedian is covering -- I'm all screwed up, 81 percent of you said politicians. Of course the poll was done during a Bill Maher show, so we're not surprised by the results, 81 percent want politicians.

Tomorrow night's guest is Chris Hansen, host of "To Catch a Predator."

SPADE: I love it.

KING: He will take us -- you do. He will take us inside some of the scariest stings. The question tonight is: Do you think "To Catch a Predator" is fair or entrapment? Text your vote from your cell phone CNNTV, which 26688. Text KINGA for yes and KINGB for entrapment -- KINGA for fair, KINGB for entrapment. I'm in bad shape. We'll reveal the results on tomorrow night's show when our guest is "To Catch a Predator's" Chris Hansen, which I already said. Of course, you could also e-mail by going to

SPADE: You know, that show is the "American Idol" of the pedophile shows.


SPADE: It's on five nights a week.

KING: I know. And we now throw things over to Anderson Cooper, who is giving up this job to attach himself to Kelly Ripa forever. He's sitting in yesterday and tomorrow for Regis Philbin, who we extend our best wishes to as he approaches bypass surgery.

Anderson, it's yours.

COOPER: Larry, thanks very much, buh-bye.


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