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Nancy Grace

Anna Nicole`s Trash Auctioned on eBay

Aired March 13, 2007 - 20:00   ET

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

JANE VELEZ-MITCHELL, GUEST HOST: Tonight, the DNA battle and custody dispute over covergirl Anna Nicole Smith`s 6-month-old baby girl rages on. A photographer who claims he is the father heads to an LA court today. He wants a judge to force DNA tests on Smith`s baby girl, Dannielynn, and on the child`s current guardian, Howard K. Stern.
Who is the real biological father of Dannielynn? Who will get custody and the possible control of an estimated $475 million? The California legal battle laying the groundwork for an all-out custody battle in the Bahamas. And tonight, Anna Nicole`s personal items now on sale for thousands on eBay. How did this happen, and is it legal?

Also tonight, Amber Alert, a 6-year-old boy vanishes near a Brunswick, Georgia, neighborhood. Police and volunteers search for clues.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Frustration is evident in the search for 6-year- old Christopher Barrios.

UNIDENTIFIED MALE: You have no lead. You don`t have any viable leads that gives you some substance to go with. So you`re constantly turning over rocks, and you`re looking, trying to create things. And that`s the most frustrating part about it, you just don`t have any direction to go in.

UNIDENTIFIED MALE: While police lament a lack of leads, Barrios`s family is continuing to be positive as they continue to search.

UNIDENTIFIED FEMALE: I`m not going to lose hope, not until one way or another, he`s home. I`m not going to lose hope. I want that baby home more than anything right now.

UNIDENTIFIED MALE: I believe my son is still alive, yes. But right now, I`m just waiting and -- waiting and hoping.

(END VIDEO CLIP)

VELEZ-MITCHELL: Good evening, I`m Jane Velez-Mitchell, in tonight for Nancy Grace. First, the DNA battle over Anna Nicole Smith`s baby girl.

(BEGIN VIDEO CLIP)

DEBRA OPRI, ATTORNEY FOR LARRY BIRKHEAD: Now we`re at the precipice. We`re at the time when the court will order Howard K. Stern to be joined and in the paternity action to take a test. Howard K. Stern cannot continue to perpetuate a fraud with a birth certificate!

JAMES NEAVITT, HOWARD K. STERN`S ATTORNEY: (INAUDIBLE) my client, there`s a whole slew of procedural steps that have to be taken before there`s any jurisdiction over my client. That`s going to take months.

LARRY BIRKHEAD, ANNA NICOLE`S FORMER BOYFRIEND: I don`t get up in the morning and say, Who`s going to (INAUDIBLE) today about this. I`m just doing what I have to do for my daughter.

OPRI: Bottom line is this. Howard K. Stern cannot avoid this jurisdiction. Howard K. Stern`s feet will be held to the fire, and we will make sure that if he wants to be the father of Dannielynn, take a test and prove that he`s the father.

BIRKHEAD: One of the reasons that it`s become the circus is that the tests -- no one`s brought the baby forward to do the test. There`s one way to end it. I`m prepared to take the test. Everybody wants to take the test and get it over with, and then we have no problem.

UNIDENTIFIED MALE: There was absolutely no request by Howard Stern to Larry Birkhead about being compensated.

BIRKHEAD: My daughter`s not for sale.

UNIDENTIFIED MALE: That`s just ludicrous. You all can just take a look at the will and tell me what you see. Is Larry Birkhead a beneficiary? Is he named anywhere there? Howard already is the executor named in the will. He is already the person who is named as the guardian of Dannielynn. Nobody else would have charge of managing the money. Howard Stern doesn`t have to go to Larry Birkhead for anything.

OPRI: Put up or shut up, that`s what we`re saying. Howard K. Stern`s presumed father status will be destroyed, I promise you that!

(END VIDEO CLIP)

VELEZ-MITCHELL: You heard it right there. Tonight, "Put up or shut up." Those strong words from the attorney of the LA photographer who says he is the real father of little Dannielynn. The lawyer for photographer Larry Birkhead demands Howard K. Stern be forced to take a DNA test. The goal? To disprove Howard K. Stern`s claims that he`s the daddy of Anna Nicole Smith`s daughter. Stern`s lawyer shot back, insisting, as you heard, Howard K. Stern doesn`t have to do anything for Larry Birkhead.

And as the war over Dannielynn escalates, Anna Nicole`s garbage is being sold on eBay. No, we`re not kidding. Items reportedly taken from Anna Nicole`s trash are said to be selling like hotcakes.

For the latest on all of these developments, let`s go straight out to Tia Brown, senior editor of "In Touch Weekly" -- Tia.

TIA BROWN, "IN TOUCH WEEKLY": Hi. I know this seems like a crazy television show, but it`s actually Anna`s reality. People are selling her garbage. Three people who used to work with Anna -- Eva (ph) and Eric Redding (ph) and William Castleberry (ph) -- got her garbage after she stopped filming her reality show, Anna Nicole, she`s so outrageous, that, you know, aired from 2002 to 2003, and now they`re selling it on eBay. And it`s reportedly selling for hundreds of dollars. And ultimately, they can get thousands.

VELEZ-MITCHELL: You know, I want to bring the lawyers in right now because I want to know whether or not this is legal. Morally speaking, that`s a totally different question. But let`s go to prosecutor Josh Hanshaft (ph) and defense attorney Frank DiScala (ph). Is it legal to go through somebody`s trash -- let`s start with the prosecutor -- take it out, wait until the person dies and it`s worth more money, and then put it on eBay and sell it for not even a small fortune, a big fortune?

JOSH HANSHAFT, PROSECUTOR: Well, Jane, it comes down to, can you throw something out? Can somebody find it? Is it their possession? And how can they profit off it from selling it. And case law has shown and cases have shown in tort law and criminal law, you know what? You find something, it`s not on their property, like in front of their door or in their door, but in their trash discarded, it becomes property to sell, and people can profit from it.

VELEZ-MITCHELL: So you think it`s OK?

HANSHAFT: I have no problem with it. It`s a fact. It`s absolutely legal. You find something, it`s possession. I now am going to sell it and I`m going to profit from it and I`m going to say I can make as much money, like everything else, as I can off, in this case, Anna Nicole. Morally, it may be an issue. I`m not judging there. I`m just telling you, can you do it? Absolutely, if it`s now your property.

VELEZ-MITCHELL: All right, well, let`s go to the moral issue. Andy Kahan, director for victim`s crime office for the Houston mayor, is there a moral issue here? Is it OK to profit off of somebody`s death by taking their garbage, hanging onto it and then putting it up on eBay?

ANDY KAHAN, DIR., VICTIM`S CRIME OFFICE FOR HOUSTON MAYOR: Well, obviously, Jane, it`s morally repugnant. It reminds me of the old nature shows, when you`ve got the gryphon vultures that are waiting for the carcass to finally perish before they go and feed on it. And that`s what you`ve got here, some river-bottom-dwelling catfish dwellers that are capitalizing on this poor woman`s death.

But like the attorney said, unfortunately, it is legal. You can`t legislate bad taste. This is just the beginning of profiting on some of her items. What`s coming up next from Anna Nicole? As far as the profiting, as far as the items go? A, you`re going to have her death certificate, no doubt about it, sold. And B, her autopsy report will probably be a huge seller. But you know, eBay, you know, if they wanted to, they could take the high road. They have to make the decision, ultimately, on whether they want to allow Smith`s items to be sold. Yes, it`s legal, but they could take the high road.

VELEZ-MITCHELL: You know, what did you say, bottom-dwelling catfish? Tom Riccio (ph), you have been auctioning Anna Nicole Smith`s possessions. You heard it here. Don`t blame the messenger. Basically, they`re calling you a vulture. How do you respond to that charge?

TOM RICCIO, AUCTIONING ANNA NICOLE`S POSSESSIONS: I resent that. You know, I just heard that Anna Nicole herself was a Marilyn Monroe fanatic and bid on a lot of Marilyn Monroe stuff after she passed away. I think she actually liked the limelight, and she would love for her fans to have some of this stuff.

And it`s very interesting. I mean, TMZ called us up today and told us that the article on the diaries got over 7 million hits. You know, people are interested worldwide. And you know, a lot of our fans and a lot of our customers -- Goldenpalace.com now owns an interest in it. I mean, it`s amazing. People all over the world are interested in this.

VELEZ-MITCHELL: You know, Andy, he`s saying there`s nothing wrong with it. Now, let me ask you a question. Would it be better if perhaps he gave some of the proceeds to little Dannielynn? Would that take the edge off of it, do you think, Andy?

KAHAN: Yes. I mean, the bottom line is they`re making money off of this poor woman`s death. I don`t think she would want her personal diary, receipts, her old driver`s license being sold. And what kind of message is this sending out to other high-profile individuals who might have had bodyguards or security people that worked with them, and you never know what kind of items that they`re storing, waiting for that opportune moment to capitalize and maximize the profits? And that`s what they`re doing right here.

VELEZ-MITCHELL: Tom Riccio, who`s getting the money? How much money do you expect to make? I see a long list here -- signed biographies, receipts from FAO Schwarz, credit cards, signed checks, Texas ID and driver`s license, and going for between half a million to a million dollars, her personal diaries.

RICCIO: Well, we`re an auction house. We take consignments. And Again, I mean, these are not the diaries that were in question the past few months. I mean, these are several years, even more than a decade ago, although they`re extremely interesting.

VELEZ-MITCHELL: Are you giving it to the child?

RICCIO: No.

VELEZ-MITCHELL: The money.

RICCIO: No, but we certainly can ask the winning bidder if they`d like to make a copy of it and give -- so the child can read, you know, some of the entries that her mother made. I`m sure it`s going to be made public. But none of the proceeds are -- and I`m not sure -- I don`t think the daughter is in any type of financial needs, at this point. So I don`t even think that`s an issue.

VELEZ-MITCHELL: Well, that`s the whole basis of this whole case, I mean, whether or not this young lady is going to be worth many millions, or perhaps just some big debts that have been accumulated. You never know.

Let`s go to the attorney for Howard K. Stern and talk about the other big issue today, and that is what happened in a Los Angeles court. Thank you for joining us, James Neavitt, attorney for Howard K. Stern. First of all, do you consider what happened in court today a victory for your client?

JAMES NEAVITT, ATTORNEY FOR HOWARD K. STERN: You know, the court denied their motion to join my client, but the court did say there was a case that he believed might allow the court on a zone (ph) to join my client, and he`s allowed us two weeks to brief that. That`s simply what happened. They filed paperwork. They did it incorrectly. They didn`t serve it on a proper legal representative, and the court threw it out. So we were successful today in that sense, but you know, nobody`s successful in getting this thing over with as long as these guys keep playing games in court. And they`ve been told...

VELEZ-MITCHELL: Well, James...

NEAVITT: Wait! They`ve been...

VELEZ-MITCHELL: ... you could get it over with by saying, Hey, Howard K. Stern`s willing to take the DNA test. I mean, the bottom line that it keeps coming back for so many Americans is, if you really love this little girl, you`d know that she`d want to know for sure who her father is growing up. So you`d be jumping at the opportunity to take a DNA test in order to prove to her once and for all, Howard K. Stern, Yes, I am the father. The fact that he doesn`t do that, across the board, if you look at surveys, people are saying that means that he`s probably not the father and he has something to hide. What`s your response to that?

NEAVITT: Well, you know, first of all, this is not an issue for the public. This is a private issue involving a child, and those things are going to be decided by the proper court jurisdictions, a lot of things that you don`t know about, the public doesn`t know about. And those things are being played out in court legally through the due process of our Constitution, and it`s not something that`s going to be decided by the public. And it`s not a public issue. The bottom line is...

VELEZ-MITCHELL: That...

NEAVITT: Wait. Bottom line is, my client`s the father. It`s established by law. He`s the presumed father. Anybody can...

VELEZ-MITCHELL: It`s on a piece of paper...

NEAVITT: Wait, wait, wait~!

VELEZ-MITCHELL: ... that people are saying is fraudulent, some people are claiming is fraudulent.

NEAVITT: Which father do you want to bring in and let us deal with? I mean, you have 10 people claiming to be the father of this child. This is ridiculous. My client has stood his line. He is the father of this child. And at some point, some court or some person will do the right thing and go to the right place, have their DNA tested against the child, and that will determine whether that person of these 10 or 15 people are, in fact, the father. It`s a bunch of nonsense...

VELEZ-MITCHELL: Come on!

NEAVITT: Wait, wait!

(CROSSTALK)

NEAVITT: Wait! Debra Opri...

VELEZ-MITCHELL: ... Howard K. Stern could absolutely end this once and for all right now.

And let me get Matt Meagher, reporter from "Inside Edition," in on this debate because he`s been covering this case. He has a lot of new information. But first of all, your reaction to what happened in court today, Matt, because a lot of people are also criticizing the judge, saying, Hey, you have to have a hearing in two weeks? Why? The entire world has been debating this. Any Anna Nicole Smith fan could do a dissertation in front of a judge, at this point, on the facts of the case. Why does he need two more weeks when the clock could be ticking for this child because there are some people who are concerned about her health?

MATT MEAGHER, "INSIDE EDITION": Well, I think what you saw in the sound bites that you played is exactly what`s going on. There is going to be a long, protracted court battle in the United States. But what`s going to really matter is what happens in the Bahamas, and that`s going to be a little harder than what we witnessed last month. We`re not going to have cameras in the courtroom. We`re not going to even have reporters in the camera room -- reporters in the courtroom for those hearings because they are child custody hearings. They are things that are protected by law there. So it`s not going to be the circus.

And I think -- I think, you know, Stern`s lawyer is right when he says this is going to take a long time. But you know, look at -- look at Birkhead. He`s sitting back. He`s cool as a cucumber because he acts like he knows he`s the father. I mean, I get an interesting read off the body language of both lawyers and both people that are claiming to be the father.

VELEZ-MITCHELL: "Inside Edition" broke a big story. Let`s hear and see some new videotape from "Inside Edition."

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Danny didn`t like him. He was afraid of him. He was sober. He was really shy and sort of weak. They wanted to know why Danny had my card, and did I do an investigation in the Bahamas.

It`s too soon to be coincidence. And if I was the investigator there, I would tear everything apart to find this out.

He was concerned about the safety of his mother. He was concerned about the lifestyle of his mother and the drugs that were around her.

(END VIDEO CLIP)

VELEZ-MITCHELL: And let`s go back to Matt Meagher, reporter for "Inside Edition," to put all of that in context because -- explain to me. Is that the private investigator that you interviewed who said that Daniel contacted him this summer, not too long before he died? What did the conversation entail between Daniel and this private investigator?

MEAGHER: Jack Harding (ph), the private investigator in LA, says that Daniel contacted him because he was concerned about an apparent hold that Stern had on his mother, and he wanted to know what this private investigator might be able to do and find out in the Bahamas. Daniel told Harding that he was -- you know, that he was concerned that Stern may be providing the drugs for his mother.

And an interesting thing that every time Harding talked to him, he said Daniel sounded very sober and not high on drugs. Harding said that Daniel was afraid of Stern and that when Daniel died, he was shocked. And then when Anna Nicole died, he was shocked even more.

Now, an awful lot of this is going to come out in the inquest into Daniel`s death because the card of that private investigator, Jack Harding, was found in Daniel`s wallet. He says Bahamian authorities went to LA and interviewed him about, Why was your business card in Daniel`s wallet? And the Bahamian chief magistrate, Mr. Gomez (ph), told me a long time ago that we`re going to be very surprised by what happens at that inquest at the end of this month into Daniel`s death.

VELEZ-MITCHELL: Matt, I`m sure we have many more surprises. Stay right there. We want to get back to you with that really explosive development.

To tonight`s "Case Alert." Day one in the penalty phase in Miami, Florida, for convicted murderer and child sex predator John Couey, Couey found guilty last week in the kidnap, sexual assault and murder of the little girl in the pink hat, 9-year-old Jessie Lunsford. The jury will not hear testimony from Lunsford`s father, child victims` advocate Mark Lunsford. Couey possibly facing the Florida death penalty.

(BEGIN VIDEO CLIP)

MARK LUNSFORD, JESSIE`S FATHER: You know, I`m just a spectator in the crowd. I`m not on the jury. Revenge -- my revenge doesn`t have anything to do with any verdicts or sentencing or anything. I can say whatever I want, but it`s not going to change justice and how it prevails.

(END VIDEO CLIP)

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

BIRKHEAD: I don`t get up in the morning and say, Who can I fight today about this? I`m just doing what I have to do for my daughter and that`s -- that`s why I`m here and that`s why I`ll go wherever I have to go, if it`s here, it`s somewhere else, wherever. You know, you just go where - - if a judge is going to listen to me, you know, I`m going to go there.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, sitting in tonight for Nancy Grace. Like a tropical hurricane, the Anna Nicole Smith drama continues to gather strength, headed for landfall in the Bahamas, where a host of controversies are converging, from paternity to eviction to what caused the death of Anna Nicole`s son.

Mike brooks, former D.C. police, you`ve been hearing what the reporter from "Inside Edition" said about this private detective emerging, who said he had conversations with Daniel before his death, where he expressed fears and concerns about Howard K. Stern`s role. What do you know in terms of dovetailing that with new information? We`re being told by WPLG that police in the Bahamas are now up in Florida, talking to the Seminole police.

MIKE BROOKS, FORMER D.C. POLICE, SERVED ON FBI TERRORISM TASK FORCE: That`s absolutely right, Jane. As we discussed last week, a source close to the investigation told me that they were planning to go up there. They were supposed to leave Monday, Monday afternoon. And so they are there now.

And as you recall, a couple weeks ago, the police from Seminole were in the Bahamas. So -- and that`s when Dr. Perper basically said, OK, stop, let`s put everything on hold right now, because there has got to be some new information, Jane, that leaves Dr. Perper and the investigators looking into this death investigation. Remember, we still have a death investigation only. And there`s something that they`re looking at, and they`re comparing notes on these -- on both the death of Daniel and the death of Anna Nicole. What that is...

VELEZ-MITCHELL: All right...

BROOKS: ... I think the private investigator, he probably had a lot of good information to give investigators when the Royal Bahamian police came to LA.

VELEZ-MITCHELL: Right. And we`ve got Dr. Joshua Perper with us tonight, the medical examiner from Broward County, also the author of "When to Call the Doctor." Sir, thank you for being with us. You`ve been listening patiently to all of this. Do you consider this kind of information when determining cause of death, or do you stick to the more narrow issues of physical evidence?

DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: No, we consider the entire evidence because the determination of the manner of death requires not just the finding of the autopsy, but the consideration of the circumstance of death and any other information which might be pertinent in making this kind of conclusion.

VELEZ-MITCHELL: So when you hear this report from "Inside Edition," that a private investigator says that he spoke with Daniel and that Daniel had concerns about what was going on with his mom vis-a-vis Howard K. Stern, how do you incorporate that? How do you process that?

PERPER: Well, we take all the information which is available, and we have to consider it in the context of our findings.

VELEZ-MITCHELL: Now, you also reportedly had sought access to Anna Nicole Smith`s computer that was seized from the mansion Horizon upon her death. Have you had a chance to examine that computer, sir?

PERPER: As I said several times, I`m going to receive additional information and I`m going to evaluate it. I didn`t specify what it is.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

OPRI: Bottom line is this. Howard K. Stern cannot avoid this jurisdiction. Howard K. Stern is coming to Los Angeles. Howard K. Stern`s feet will be held to the fire, and we will make sure that if he wants to be the father of Dannielynn, take a test and prove that he`s a father. He can`t hide behind a fake birth certificate!

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in tonight for Nancy Grace. When are we ever going to get closure on the Anna Nicole Smith controversy? Or should I say controversies. There are so many sides to this saga.

One issue coming up tomorrow -- let`s go to Matt Meagher, reporter for "Inside Edition" on this -- is the battle over Horizons, the mansion in the Bahamas. Apparently, there`s a big court hearing on that tomorrow in the Bahamas.

MEAGHER: In the scheme of things, this should be a little bit boring. It`s going to be business-like. It probably boils down to the old adage, Don`t sleep with the people you`re doing business with.

(LAUGHTER)

MEAGHER: G. Ben Thompson from North Carolina was having an affair with Anna Nicole, and they supposedly had an arrangement where she took over the mortgage on this beautiful mansion, then she could stay there. She and Stern say they owned it. They`ve been -- Thompson`s been trying to evict them since last summer. He must have been close because they bought a house for $500,000 at the other end of the island, much more modest, and put another $500,000 into it, apparently getting ready to move to it before her death.

The hearing tomorrow, I`d be surprised if there`s anything definitive that comes out of it.

VELEZ-MITCHELL: Yes, but you know, Tia Brown, senior editor, "In Touch Weekly," I don`t think this is going to be boring at all because there`s always a possibility that Howard K. Stern could be evicted.

BROWN: There is that possibility. But I think that many doubt that it will get to that -- to that level. He`ll probably just leave and move to the facility that they purchased together.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: They said, no, we`re not going to have -- we`re not asking for any other kind of relief. We just want to enforce collection of that. What did they do at the hearing? They tried to get the court in Florida to order the collection of Dannielynn`s DNA. The court refused that, denied it, said no way. When you`re talking about trying to have the parties meet and get together, and suddenly they sandbag and go to court, and then they lose...

UNIDENTIFIED FEMALE: (INAUDIBLE) We`re not losing motions. We went to Florida to get Anna`s DNA. We got it. We came here for a paternity test order. It`s still in effect. Howard K. Stern cannot continue to perpetuate a fraud with a birth certificate. That birth certificate is no good.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, sitting in tonight for Nancy Grace. Are we ever going to learn the identity of the father of Anna Nicole Smith`s baby girl, Dannielynn? Is it Larry Birkhead, or Howard K. Stern, or one of the other men who have come forward, or could the father possibly be the late oil tycoon J. Howard Marshall? This suggestion was reportedly made by Anna Nicole Smith`s half-sister in a manuscript. She reportedly claimed Anna Nicole planned to save her late husband`s sperm and impregnate herself with it to have a trump card in the battle over his estate.

I know this sounds completely wild, Tia Brown of "InTouch Weekly," but this is a completely wild case. It has been raised as a possibility. I want to get your reaction on it, because, you know, something tells me that maybe there`s more to this than just trying to keep the baby away from Larry Birkhead, who seems to be a pretty nice, decent guy.

TIA BROWN, "INTOUCH WEEKLY": A lot of people have been speculating that there`s a possibility that this baby is actually J. Howard Marshall`s, but, legally, so many things will come into play. Even if she is biologically his baby, that does not make her, quote, unquote, "more entitled" to the money. I`m not a legal expert, so I can`t go into all of the details.

I will say this: Most people believe there are two issues at hand. Number one, who biologically is the father? We need to establish that as soon as possible. And if Howard truly loved the baby, many people believe, he would just go forward with that.

The second issue is custody. Who is best fit to have custody of Dannielynn is something that should be determined after they determine who the biological father is. And I just think so many people feel like, if Howard really loves Dannielynn, he`ll move forward and make that happen. She`s 6 months old.

VELEZ-MITCHELL: Yes, and one of the people who have been waiting very patiently, Cooper Lawrence, a psychologist and syndicated radio host of the Cooper Lawrence Show. Thank you for waiting and taking all this in and processing it all so you can give us the wisdom.

I know it sounds crazy to say something like, well, saving the sperm of your late husband to impregnate in order to have a trump card in a battle over half a billion dollars, but in this case, isn`t -- anything is possible given the players that we`re dealing with?

COOPER LAWRENCE, PSYCHOLOGIST: It`s not about is anything possible; it`s about we have to figure out who the biological father is, because the research is very clear on this. It says that living away from the biological father is linked to all kinds of negative outcomes later on, behavioral outcomes.

The child is more likely to drop out of school, have not just early risky sex, but unprotected sex, and all kinds of other negative outcomes. So if they`re really concerned with this child, why aren`t they stepping in and deciding who the father is? Because it`s the biological father who needs to raise this child now. This child is developing now, and it`s 6 months old. The child has an awareness of what`s going on in its environment.

So the people that are purporting to love this child are not really doing well by this child, in terms of deciding who the father is right now.

VELEZ-MITCHELL: Cooper, you raised a very important point, the health of this child. I`ve spoken to medical experts who say, if in fact this child suffered some kind of neurological damage -- and that`s a big if, we`re not saying that is for sure -- but there has been evidence presented in court, videotapes, whatnot, that lead us to conclude that Anna Nicole was taking drugs during her pregnancy, very possibly, this doctor told me that, actually, time is of the essence. And if the child would get some early help right away, that could lessen the possibility of damage as an adult.

LAWRENCE: There`s no question. That child needs to be assessed immediately. And all these people that are purporting to love the child and doing things in the name of this child, that`s what they should do.

Where are the psychologists and the people that are close to this family? Where are the doctors and the people that will step in and assess this child right now? Six months is a very pivotal age.

And, bigger than that, the attachment is happening. So you want the child to be able to predict its environment, attach to the people that are going to care for it and love it for a very long time. This has long-term implications on the development of this little girl.

VELEZ-MITCHELL: Yes, let`s bring in the lawyers. Defense attorney Frank Discala, I don`t think you`ve got an opportunity to weigh in on this crazy saga.

But I want to ask you, I mean, why is it that the courts seem to be dragging their feet, whether it`s California or the Bahamas, two weeks between every hearing, when the clock could be ticking on the health of this little child? And that child can`t necessarily be taken to a hospital 100 percent for sure and analyzed until we figure out who the daddy is, and who`s in charge, and who can make that decision.

FRANK DISCALA, JR., DEFENSE ATTORNEY: I don`t know. I think that the case is all about money. I hate to say that. Obviously, it`s been tossed around. I think if we took the money portion of this case out, I think you would see a lot of the purported fathers disappear, and then we`d really find out who loves this child.

I mean, obviously, the child needs nurturing and needs to be in a place where it can get support. And there`s a huge sum of money at the end of this rainbow, possibly. It`s such a long, drawn-out battle. I`ve never seen things go this long with so many players unless there was money involved.

VELEZ-MITCHELL: Well, of course, and there`s up to half a billion dollars that could be involved.

Let`s go back to Andy Kahan, the director of the victims` crime office for the Houston mayor. Andy, do you see a need for more speed by all the parties, whether it`s the California courts who have now waited two weeks before they`re going to have their next hearing, or the Bahamian courts, given the possibility that this child could need help?

And let`s point out, the child has been under wraps, did not show up at the funeral. We haven`t seen this baby girl. And there was a report in "People" magazine from a nanny who said, well, she`s weighing 10 to 12 pounds, I believe was what she said, and then experts said that`s not the correct weight for a child her age.

ANDY KAHAN, DIRECTOR, VICTIMS CRIME OFFICE FOR HOUSTON MAYOR: Well, you know, Jane, the interest of the child should supersede any outcomings or any bearings by any other parties that are involved in this. The child`s welfare should be priority, a number one.

And, you know, going back to the issue of everybody selling her garbage on eBay, there`s an important lesson to be learned here, particularly for high-profile people. Get a shredder. Don`t give items to personal friends, because you never know where they might end up. That`s a lesson to be learned.

VELEZ-MITCHELL: You know, I want to go to Dr. Joshua Perper, who is a medical examiner, but also a very wise man who has seen many cases. Have you ever seen a case like this? And what are the life lessons, sir, that we can all take away from this horrible tragedy about how to conduct our own lives?

DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: Well, when I`m going to have our final determination, I think that there are lessons to be learned from this death, like there are lessons to be learned from any other death. And, therefore, yes, there are lessons.

That`s not the time for me to mention them, but I think that we`ll mention them when we`ll have our final report. Every death has a lesson which people can do in order to avoid that.

VELEZ-MITCHELL: Of course. And it`s very important to remind ourselves that every tragedy does have that opportunity for learning.

A man who has been waiting very patiently on the phone, Alan from Canada, your question?

CALLER: Hi, Jane, love the show. I was just wondering, how long are we looking at until Howard -- or, sorry, Larry gets his DNA test for Dannielynn? And how much of a battle is he going to face gaining custody, if he is proven to be the father?

VELEZ-MITCHELL: That`s an excellent question. Let`s see. Tia Brown, senior editor, "InTouch Weekly," let`s say the tests come back finally and they`re ordered, and Larry Birkhead is deemed to be the father. Now, that`s a big if.

BROWN: Yes.

VELEZ-MITCHELL: Then what? Then what happens for him to get custody?

BROWN: Well, then, once it`s established that he`s the father, he should go to court and petition for custody. Now, Howard would have an opportunity at that point to say why possibly Larry is unfit. But as the biological father, if the court didn`t see him having an unfit home environment, he would naturally get custody of his daughter.

VELEZ-MITCHELL: Yvonne, Tennessee, your question?

CALLER: Yes, Jane, I understand that Larry Birkhead got to see Dannielynn in the Bahamas. He should have picked up some saliva or something from that baby if he was allowed to touch her. Could he not have that tested on his own? Would that be legal?

VELEZ-MITCHELL: You know, that`s a good point. And, you know, if you remember back when the court hearing was occurring in Judge Larry Seidlin`s chambers, there was a lot of talk about the Styrofoam cups that were left on the bench. And there was concern that somebody might grab those Styrofoam cups and try to use it to test DNA of either Howard K. Stern and Larry Birkhead. And that`s just how crazy this case has gotten.

All right, when we come right back, Amber Alert, the search for a 6- year-old who vanishes from a Georgia neighborhood.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CHRISTOPHER BARRIOS, FATHER OF MISSING BOY: I believe my son is still alive, yes.

UNIDENTIFIED FEMALE: That`s Christopher Barrios, Sr., anxiously awaiting outside of a home last night while police searched inside for his 6-year-old son. They were here acting on a tip the boy may have been taken by a sex offender who lives here. Officers spent several hours in and around the man`s trailer, but didn`t find the boy.

UNIDENTIFIED MALE: The evidence that we had came to us from some of the family members within that trailer. It led us to believe that he was in there and alive. So we made an emergency entry into the trailer to make sure that he was there, and it turned out that he wasn`t.

UNIDENTIFIED FEMALE: I`m not going to lose hope. Not until one way or the other he`s home.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell sitting in tonight for Nancy Grace.

Stunning new developments in the search for a missing 6-year-old Georgia boy. Little Christopher Barrios was last seen Thursday night when he vanished from a play area in a Georgia mobile home park where his family members live. Hundreds searched for the boy through the weekend, hundreds of people with absolutely no luck.

Well, now police have a major break in the case. A person of interest has emerged, a man who is a registered sex offender. And the big question tonight, could little Christopher still be alive? We certainly hope so.

For the newest details, let`s go straight out to WJXT reporter Jen Bauer. Jen, what is the very latest?

JEN BAUER, WJXT REPORTER: Well, you know, police were out here all day today. Actually, they`ve been out here all day every day, since last Thursday. And police chief Matt Doering here in Brunswick is calling this case bizarre. He says they don`t know what to make of it.

Of course, as you mentioned, the latest tip came last night when apparently George Edenfield`s mother called police and said, "I think I have some information about little Christopher Barrios. I think he was seen alive in my son`s mobile home after he had been reported missing."

So police, of course, brought her in for questioning. They say her story changed four -- at least four, possibly five times. They didn`t know what to make of it. She was saying, at one point, Christopher was seen alive. At one point, she was saying her son apparently killed Christopher.

So police went to jail, brought George Edenfield out, because he had been arrested on Friday and said, OK, if you killed Christopher, tell us where he is. Where`d you put the body? He apparently pointed to some area in some nearby woods. Police say that turned up nothing.

So their story has been conflicting. Sometimes he`s saying that he`s alive; sometimes he`s saying he`s not. But police did go into the mobile home last night, but their search turned up nothing.

VELEZ-MITCHELL: All right. Well, I want to stress at this point that George Edenfield is only a person of interest. He has not been named a suspect. The show has tried to see if George Edenfield has an attorney or a spokesperson. We have tried to get in touch but have been unable to reach any such spokesperson or attorney. We would very much like to have his side of the story.

So, once again, he deserves the presumption of innocence. He is not a suspect. He is, at this point, a person of interest.

But I want to go back to the reporter for one second to talk about his past, because he does have a criminal record, I understand, that involves child molestation.

BAUER: Jane, in 1997, George Edenfield was arrested on two counts of child molestation. We know that he is 32 years old. We have not been able to obtain any information about those cases. We did request, by Freedom of Information Act today, to receive the documents that would explain exactly what happened back in 1997. But as of this point, we have not received that information.

VELEZ-MITCHELL: All right. We are very honored to have with us tonight Christopher Barrios, Sr., the missing boy`s father.

Thank you for joining us, sir. I know this must be very difficult. And I want to start off by saying that everyone here at the NANCY GRACE show is supporting you and your family, and our thoughts are with you, and we want to help solve this case and, God willing, bring your little boy home. Tell us about Christopher.

BARRIOS: Thank you.

VELEZ-MITCHELL: What kind of a young man he is, what his likes are, just give us a sense of who he is.

BARRIOS: He`s a quiet, shy-type kid. He wouldn`t harm anybody. For this to be happening to this young boy is just unimaginable. He likes to play with his toys, play on the computer, like Ben 10, Teen Titans. He loves Spider-Man, loves spending time with his family, which is always around.

VELEZ-MITCHELL: We also have Sue Rodriguez with us tonight, the missing boy`s grandmother. Thank you, once again, Mrs. Rodriguez, for joining us. And we know this is very difficult for you.

Tell us about what was going on, vis-a-vis the fact that this person of interest lives across the street, and that you knew that he was a registered sex offender. What did you tell little Christopher, in terms of a warning?

SUE RODRIGUEZ, GRANDMOTHER OF MISSING BOY: I told him, don`t go near this man. I said, he can hurt you bad, baby, and you may never see Grandma and Daddy again. I said, stay away from him. You might think he`s a nice man, but he`s not. I said, stay away from him and stay out of his yard.

VELEZ-MITCHELL: Now, trying to give our viewers a sense of where all this is happening, I understand you all live in the same area and that little Christopher has a habit of going to your house after school and hanging out with you, and then you keep an eye on him as he walks home. Where did he disappear on Thursday after he was apparently playing in the neighborhood?

RODRIGUEZ: Well, he came to my house after he got off school, and we were going over to our van to work on it. So he came in and dropped his book bag down and his jacket, and got him a little juice, and headed out the door. And one neighbor told me that he went down to her house to play with her children, which they weren`t at home at this time. And when we left out to go to clear the land we have, he was sitting on his daddy`s steps. He was playing with his little...

VELEZ-MITCHELL: He was playing, I understand. Now, Christopher Barrios, the missing boy`s father, I want to ask you how you`re staying as strong as you are. Are you buoyed by the fact that 300 members of your community searched throughout the weekend for this little boy, and that basically all the resources of law enforcement in your area have been poured on to finding this child?

BARRIOS: Yes, there`s been a lot of people here, and they`ve searched everywhere. Maybe he`s not in this area. Maybe there`s other areas that we may need to move onto and search. Until Christopher finds up, I`m never going to ever stop searching.

VELEZ-MITCHELL: Mike Brooks, the last word on this particular aspect of the case, the search for this child. I understand they`re bringing in helicopters that can spot hot spots.

MIKE BROOKS, FORMER D.C. POLICE: They`ve brought in helicopters early on, Jane. And they`ve also used a number of volunteers from the law enforcement training center there, who are instructors. That`s right. I used to live in this area.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: The bad news there is that we didn`t find him. The good news is, he may be still alive. So that`s the good news. There`s hope there.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in tonight for Nancy Grace. As we search for answers in the case of little Christopher Barrios, a Georgia boy who has vanished off the face of the Earth, as his family desperately searches for him. Authorities have arrested a man by the name of George Edenfield, but we have to stress, he is not a suspect. He is merely a person of interest.

Let`s go to Josh Hanshaft, the prosecutor, to explain the difference between a person of interest and a suspect, which this man is not.

JOSH HANSHAFT, PROSECUTOR: Jane, it`s levels of -- as you get closer to an arrest, in a defendant, it`s a level. So a person of interest is the first level, and a suspect would be another level. And what you`re keeping in mind all the time, or a prosecutor or law enforcement are keeping in mind of making sure his rights as they get close to that defendant are going to be protected, so you can use the evidence if you get any. That`s really the difference.

VELEZ-MITCHELL: Absolutely. This case, $30,000 reward. Everybody in that community really pitching in and trying to make sure that this little boy comes home. And our hearts, once again, with the father, Christopher Michael Barrios, who is with us tonight.

Our thoughts and prayers are with you. We really hope that your son is found safe and sound. We`re going to stay on top of this case and make sure that we do everything possible.

Tonight, we remember Army Sergeant Andrew Perkins, just 27, from North Glen, Colorado, killed in Iraq. Perkins, an Army power trooper, followed his dream of a military career, enlisting straight from high school. An outdoor enthusiast, Perkins loved to mountain bike, rock climb and ride motorcycles. Perkins would even phone home very often. He leaves behind proud and grieving parents and a younger brother. Andrew Perkins, an American hero.

We`d like to thank all our guests for their insights. Thanks to you at home for tracking these very important cases for us. I`m Jane Velez- Mitchell in for Nancy Grace. See you tomorrow night, 8:00 sharp Eastern. Until then, have a wonderful and a safe evening.

END