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Rutgers Women's Basketball Team Responds to Imus Remarks; Congress Subpoenas Justice Department For Documents in Prosecutor Purge Investigation

Aired April 10, 2007 - 15:00   ET

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


DON LEMON, CNN ANCHOR: Well, if hell hath no fury, Don Imus could be in for it when he faces these young women. The Rutgers women's basketball team speaks out on his cutting remark.
You're live in the CNN NEWSROOM.

Hello, everyone. I'm Don Lemon live at the CNN world headquarters in Atlanta.

BETTY NGUYEN, CNN ANCHOR: And I'm Betty Nguyen, in for Kyra Phillips today.

Want to show you a live picture now in the Bahamas, outside a courtroom, where we are expected to hear any time now who the father is of Anna Nicole Smith's daughter, Dannielynn Smith. Is it Larry Birkhead? Is it Howard K. Stern? We don't know just yet, but all the players are there, including Anna Nicole Smith's mother.

But we did hear a little bit earlier from Larry Birkhead as he was walking into the courtroom.

Let's take a listen.

(BEGIN VIDEO CLIP)

LARRY BIRKHEAD, EX-BOYFRIEND OF ANNA NICOLE SMITH: I am feeling good. I'm a little tired, but I'm ready to get this over with, and we will see what happens.

QUESTION: You're confident in the results today?

BIRKHEAD: Confident. I brought my brothers. This is my brother, sister, their wife and kids, and a big group here. And I'm hoping to leave with one more. So...

QUESTION: Has anyone told you when you would get custody if indeed you are the father?

BIRKHEAD: I can't talk about that, but I'm hopeful sooner, rather than later.

Thanks, everybody. Appreciate it.

(END VIDEO CLIP) NGUYEN: So, there you are, Larry Birkhead feeling pretty confident about today's hearing, although we have not heard just yet who the father is.

And, as we spoke with Mike Brooks a little bit earlier, once we do know who the father is, this thing could roll right into the custody side of the case. But, again, we have to wait and see what plays out in this hearing. So, we will stay a'watch.

LEMON: Mm-hmm.

From one developing story to another -- on-air cracks, off-court reaction. This time, it's no joke are in Don Imus and no game for the Rutgers University women's basketball players. Last week, the radio host called them "nappy-headed hos."

Well, today, they react to the comments. And Imus reacts to being suspended for two weeks.

(BEGIN VIDEO CLIP)

DON IMUS, RADIO TALK SHOW HOST: I'm going to serve it without whining, because, as bad as I feel, I don't feel as bad as those young women at Rutgers do.

(END VIDEO CLIP)

LEMON: Well, the Rutgers team plans to meet privately with Imus some time in the near future. But, for now, they are letting us know how they feel in a very public way.

Now, here's their coach from a morning news conference.

(BEGIN VIDEO CLIP)

C. VIVIAN STRINGER, RUTGERS UNIVERSITY WOMEN'S BASKETBALL COACH: Let me bring a human face to all of this.

Ladies and gentlemen, people of the nation, I want you to see 10 young women who accomplished so much that we, as a coaching staff, as a state university, men, women and people across this nation are so very proud of.

These young ladies that you have seated before you, before you are valedictorians of their class, future doctors, musical prodigies, and, yes, even Girl Scouts. These young ladies are the best this nation has to offer. And we are so very fortunate to have them here at Rutgers University.

(APPLAUSE)

STRINGER: They are young ladies of class, distinction. They are articulate. They are brilliant. They are gifted. They are God's representatives in every sense of the word.

You see, what you don't realize, perhaps some of you don't realize that, less than a year ago, five of these young ladies were preparing to graduate from high school. There are five freshmen here. And, as they prepared to graduate from high school, they thought about what great opportunity they were going to have to come to Rutgers University and get an education and play at the highest levels. That's what they thought.

And, before you know it, less than a year, they found themselves on a national stage, playing for the world to see, basketball at its highest level, and which, I might add, that this freshman class has over a 3.0 grade point average.

This group of young innocent women are bright, gifted, hardworking, and they have persevered through much. And, while all of you come to find and talk about this great story or this -- this story, the Don Imus story, in the translation, you have lost really what this is really all about, because, you see, at the beginning of the year, we were humiliated as we lost a 40-point game right here in this arena to the number-one team in the country.

That was followed by losses to the University of Georgia and DePaul. But, through perseverance and hard work, determination, during the Christmas holidays, they spent eight to 10 hours working and going through films and studying and working so hard to become all of what they could be.

And, ultimately, they ended up playing for the national championship. No one believed in them but them. That's the greatest story. And, so, while they were presented before the nation as one to see and for one to realize that it doesn't matter where you come from, but where you are going. It doesn't matter where you started, but how you ended, because that is the story, perseverance, hard work, determination.

This group of classy young women, in all that they do, have represented all of us in such a classy manner, that I have nothing but pride -- pride and respect for them.

You know, it was amazing, because, less than 24 hours after they had accomplished so much, and when we should have come back to Rutgers to have all people exalt and speak of all of the things that they had accomplished, and all of the hopes and dreams that they gave to so many young girls and to young people and to people everywhere, all of you, about what it meant to work hard, they came back to this.

We have all been physically, mentally and emotionally spent, so hurt by the remarks that were uttered by Mr. Imus. But, you see, we also understood a long time ago that, you know what? No one can make you feel inferior, unless you allow them, that we can't let other people steal our joy. We have always understood that for a long, long time.

My role, as a coach, is one to love, nurture, discipline, teach, and prepare our young women for leadership roles in this society. And that, I am sure of. And all that we do and in all the travels we have had, this group of young women have been presented as nothing less than class in every aspect of all that they do. And, while they worked hard in the classroom, and have accomplished so much, and used their gifts and talents, you know, to bring the smiles and the pride within the state and so many people, we had to experience racist and sexist remarks that are deplorable, despicable and abominable, and unconscionable.

And it hurts me, because, you know, as I was telling them, as a 16-year-old little girl, if you might -- if I might add, I was -- I was a victim of racial discrimination. But, you see, I had a father and a mom, and I had a group of people that stood up for me, you see, because we had never had a cheerleader at my school, never had a minority cheerleader.

And, so, there was a gentleman that came to my house late after my father had come home from the coal mine. And he said to my father, he said: Buddy, your daughter was not only one of the best cheerleaders. She was clearly the best.

And I had listened to this upstairs. And I was -- I was nervous, and I was afraid. And he said: Please, allow us to have her presented before the school board, because she has excellent grades. And she was not one of the best. She was clearly the best, while we have never had a minority cheerleader at this high school.

And, so, my -- as my father approached me about this, I said no. And he said some things that would ring true to me. And it was a life-altering experience.

And he said to me: Vivian, if you don't stand up for something, you will fall for anything. And you know what? This might not be about you or for you, but it is for future generations of young women that you need to take a stand.

(END VIDEO CLIP)

LEMON: That was coach C. Vivian Stringer. And she will be Wolf Blitzer's guest in "THE SITUATION ROOM." That is, in fact, coming up in the next hour.

And, coming up a little bit later on this hour, we will bring you some of the players' comments from that news conference.

You know, we have also been asking our viewers their thoughts on this controversy.

And here's what some of them had to say.

NGUYEN: Well, Francine from Montreal writes: "What really irks me is how our society is becoming crazy with political correctness. On one hand, we rally and fight for free speech, but only if the free speech is what we want to hear. This is a double standard. People are hypocrites. Donald Trump gets away with calling Rosie a fat pig and insult her getting therapy, but we don't ask for the banishment of 'The Apprentice.'"

LEMON: Well, another viewer had to say this: "These thoughts are a reflection of what's on the majority's mind at many dinner tables. I think it's time for a major dialogue between the 'hue-man' groups here in the country, whose head is in the sand about all things in the world regarding race, war, the Earth's condition, politics and the media's voracious appetite to please its owners for ratings and salaries."

NGUYEN: Well, we still want to hear from you today. Weigh in on the Don Imus comments and controversy -- plenty of that. E-mail, CNNNEWSROOM@CNN.com.

Running out of patience -- a House panel issues a subpoena to the Justice Department. It wants more documents on the firings of eight U.S. attorneys.

So, let's go straight to our congressional correspondent, Andrea Koppel, with the latest on this subpoena.

What are they hoping to see in these documents?

ANDREA KOPPEL, CNN CONGRESSIONAL CORRESPONDENT: Well, Betty, they just -- they want to get un-redacted sections of thousands of pages of documents that have already been delivered to the Hill, as well as what they believe to be about 1,000 pages of additional documents that they have as yet to see.

Upping the ante, you had a senior House Democrat today who issued a subpoena to the Justice Department and also wrote a letter to Attorney General Gonzales. In that letter, John Conyers, who is the chairman of the House Judiciary Committee, said that: "Unfortunately, the department has not indicated any meaningful willingness to find a way to meet our legislative needs. And, at this point, further delay in receiving these materials will not serve any constructive purpose."

Now, just last week, we had several senior Senate Democrats who wrote a letter to Gonzales, asking for the same information, but they stopped short of issuing a subpoena. Now, according to the House subpoena, the Department of Justice must deliver all of these documents requested by next Tuesday at 2:00 p.m. -- Betty.

NGUYEN: OK, but here's a question. Why are they issuing these subpoenas now?

KOPPEL: Why now? Well, they say that this has been going on now for over a month, basically since March 8.

They feel that they have been incredibly patient. They have written the attorney general several letters requesting these documents. And they are running out of patience. And they say that they really need to get to the bottom of whether or not the firing of those eight U.S. attorneys was politically motivated or not.

NGUYEN: All right, CNN's Andrea Koppel -- Andrea, we thank you.

LEMON: All right, we want to get you back to the Bahamas now. We're standing by for developments there. We could find out if Larry Birkhead is the father of Anna Nicole Smith's baby, or is it Howard K. Stern? We will find that out any time now. I'm being told by our very own Mike Brooks all the players are in court. It could happen soon.

You're watching CNN, the most trusted name in news.

NGUYEN: And standing tall on and off the basketball court -- ahead in the NEWSROOM, they made it to the final four, and now they are giving Don Imus what for, after his unsportsmanlike conduct.

(COMMERCIAL BREAK)

NGUYEN: It is 3:16 Eastern.

Here are three of the stories That we're working on in the CNN NEWSROOM this hour.

Despicable and abominable, that's how the Rutgers University women's basketball coach described Don Imus' comments. The radio host now faces a two-week suspension, after referring to the player as "nappy-headed hos" on his show.

Well, who is the father of Anna Nicole Smith's baby? A Bahamas court is expected to rule on the DNA test submitted by Larry Birkhead this hour. We will bring you those developments when we get them live from the Bahamas.

Plus: an attempted airplane hijacking over Turkey. This is not the video of that. This is a Florida Everglades accident there.

But let me tell you about that hijacking. Officials say they detained a man who threatened to blow up a passenger plane if pilots didn't divert it to Iran. The pilot landed the plain in Ankara, with no injuries.

LEMON: Anger, pride and passion, all on display this morning when the Rutgers University women's basketball team responded to radio host Don Imus calling them out of their names.

Now, this hour, we're showing you highlights from the team's news conference at their New Jersey campus. Imus has been suspended. Players are offended.

(BEGIN VIDEO CLIP)

HEATHER ZURICH, RUTGERS BASKETBALL PLAYER: Good morning. I'm Heather Zurich, a sophomore and proud member of the Rutgers Women's basketball team.

This week and last, we should have been celebrating our accomplishments this past season. Many of the media here may not realize, my team started out the season with a record of 2-4. We were at the lowest of lows. Coach Stringer called us her worst defensive team ever.

But we, the 10 of us here, prevailed. We fought. We persevered. And, most of all, we believed in ourselves. We won 22 of 25 games to finish the season, before falling to Tennessee in the national championship game. We won the Big East Championship along the way, the first ever, and advanced to the NCAA tournament.

We shocked a lot of people and arrived in Cleveland at the Final Four. But this team did not settle for just showing up. We reached what many would only dream of, the NCAA title game.

But all of our accomplishments were lost. Our moment was taken away, our moment to celebrate our success, our moment to realize how far we had come both on and off the court as young women. We were stripped of this moment by the degrading comments made by Mr. Imus last Wednesday.

What hurts the most about this situation is that Mr. Imus knows not one of us personally. He doesn't know that Matee is the funniest person you will ever meet, Kia is the big sister you never had, but always wanted, and Piph would make an unbelievable lawyer one day.

These are my teammates, my family. And we were insulted. And, yes, we are angry. Worst of all, my team and I did nothing to deserve neither Mr. Imus nor Mr. McGuirk's deplorable comments.

Our families are upset, and with good reason. Instead of enjoying our first day off in a month to celebrate Easter with our families, this was the topic of conversation. The 10 of us up here attend the eighth oldest institution of higher education in the country, and, not to mention, one of the most difficult academically.

We are 10, simply put, student athletes. But, this morning, instead of attending study hall and class, I stand here to address you about something that never should have happened. I'm extremely proud of my teammates. I'm proud when we walk through an airport on the way to or from a road trip dressed alike in Rutgers gear with pressed pants and nice shoes.

I believe we present ourselves well, both on and off the court, even though Mr. Imus seemed to -- seemed to think differently. But, then again, he knows not one of us.

Thank you.

(END VIDEO CLIP)

LEMON: And you are not going to want to miss "THE SITUATION ROOM." Rutgers' coach C. Vivian Stringer will be Wolf Blitzer's guest in "THE SITUATION ROOM." That's going to happen next hour.

And, coming up this hour, more off-court highlights from the Rutgers women's basketball team -- Betty.

NGUYEN: And, as we stand by for developments in the Bahamas, here's a look at that. We're waiting to hear if Larry Birkhead is the father of Anna Nicole Smith's baby girl. We say Larry Birkhead, because is the only male right now that they have taken a DNA sample from. So, as soon as we get that information, we will bring it to you. But, in the meantime, Susan Lisovicz joins us now from the stock exchange with the latest there.

Hi, Susan.

SUSAN LISOVICZ, CNN CORRESPONDENT: Hi, Betty.

Coming up next, I will tell you why one missing computer disc is making health care officials so nervous.

You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

LEMON: An intense manhunt -- or intense hunt, I should say. is under way for a package that may have gotten lost in the mail. But this one, this one package had a lot of names and personal information in it, and is, therefore, the next candidate for security fraud.

Susan Lisovicz at the New York Stock Exchange to tell us who the victims are in all of this.

What exactly is going on?

LISOVICZ: Well, we don't know yet. But a lot of folks are worried, Don.

A computer disc containing names, birth dates, addresses, Social Security numbers -- in other words, highly personal information, of nearly three million Georgians has been lost -- those affected, recipients of Medicaid and a Georgia children's health care program called PeachCare for Kids.

The disc was lost while being shipped from Georgia to Maryland -- no word yet on who the carrier was. Cases of lost personal information, of course, are rampant. TJX, the Department of Veterans Affairs, even the IRS, have recently reported losing personal data. In some cases, the consequences have been very grim indeed -- Don.

LEMON: Yes. So, we don't know who the carrier -- no reports on the carrier, but what about the information? Is it being used?

LISOVICZ: So far, no. Affected members will be notified by mail that their information was lost and will also be given the opportunity to receive a free credit report.

Of course, that credit report is what you want to keep your eye on. If your personal information is used to apply for a credit card, home loan, or bank account, it will show up there. And, hopefully, everything will be -- that package will be found. But, in any case, everyone is alerted right now.

On Wall Street, the major averages are just slightly higher. But energy companies, in particular, are getting a boost -- crude prices rebounding a bit today, closing just shy of $62 a barrel -- BP, ConocoPhillips, ExxonMobil all up more than 1 percent, Chevron gaining nearly 2 percent.

The Dow industrials trying to go eight for eight -- could go right down to the closing bell to see if the blue chips notch another win. This would be the longest winning streak for the Dow in several years. Meanwhile, the Nasdaq composite is up six points, or quarter- of-a-percent.

And I will be back in 30 minutes. And we will count you down and see if it will, in fact, be this eight-for-eight win streak.

LEMON: Ah.

LISOVICZ: Not bad -- Don and Betty, back to you.

LEMON: We shall see, 30 minutes. Thank you Susan.

LISOVICZ: You're welcome.

NGUYEN: Well, the countdown is on right now down in the Bahamas, as we wait for developments from the paternity test as to who is the father. We could find out if Larry Birkhead indeed is the father of Anna Nicole Smith's baby. He's the one a DNA sample has been taken from. And that's what they are going to be determining in court today.

Here's a live look at that courtroom. We will let you know as soon as we do.

You're watching CNN, the most trusted name in news.

(COMMERCIAL BREAK)

LEMON: Well, one drama may soon be over in the case of Anna Nicole Smith. A DNA test could identify Larry Birkhead as Dannielynn's father. But if it does, does it mean a new battle over custody? You are in the CNN NEWSROOM.

Hello, everyone. I'm Don Lemon, live from the CNN World Headquarters in Atlanta.

NGUYEN: And I'm Betty Nguyen. Let's take you straight to the Bahamas now, I want to show a live picture of that courtroom. And CNN's Rusty Dornin, who is waiting outside. And you see the microphones there, well, they are there for good reason. We understand that a news conference could be held any moment now as we wait to hear if Larry Birkhead is, indeed, the father. Let's get you straight on the ground to CNN's Rusty Dornin who has been following this from the very beginning.

Rusty, any word yet?

RUSTY DORNIN, CNN CORRESPONDENT: no, nothing yet. but we have been given the five-minute warning that some of the principals might be coming out to give a statement. The tension has been building all afternoon, Betty, not only the international media, but you can see a lot of the tourists that have gathered here, a lot of the Bahamians that have come.

People have heard that this may be the day that we find out who is the daddy. Now that, of course, only relates in terms of Larry Birkhead, because he is the one that turned over his DNA and also hired a DNA expert to take DNA from Dannielynn, the 6-month-old daughter of Anna Nicole Smith.

Now that legal expert was inside court, expected to reveal the DNA evidence. There was a complete international media scramble for Larry Birkhead as he got out of his limo on his way into court. But he was confident.

(BEGIN VIDEO CLIP)

LARRY BIRKHEAD, ANNA NICOLE SMITH'S FORMER BOYFRIEND: I am feeling good. I'm a little tired but I'm ready to get this over with and we'll see what happens.

UNIDENTIFIED MALE: Are you confident in the results today?

BIRKHEAD: I'm confident. I brought my brother, a sister, their wife and kids and a big group here and I'm hoping to leave with one more.

UNIDENTIFIED MALE: Has anyone told you when you'll get custody if indeed you are the father?

BIRKHEAD: I can't talk about that, but you know, I'm hopeful that sooner rather than later. Thanks, everybody, appreciate it.

(END VIDEO CLIP)

DORNIN: Now the person here who can really comment on some of the possibilities that may happen is Pro Pinder, a Bahamian attorney here in Nassau. What are some of the possibilities that could be happening right now?

GODFREY "PRO" PINDER, BAHAMIAN ATTORNEY: Well, one of the possibilities is Larry is the father. If Larry is the father, he gets temporary custody. If he's not the father, that would be the shocking -- the most shocking thing since Muhammad Ali lost the title.

DORNIN: But why would he be given temporary custody immediately? Doesn't he have to prove that he would be a good father if he is the father?

PINDER: Well, it's only ceremonial because there's a pending hearing on Friday to decide permanent custody of the child. And that will be decided with respect to Virgie Arthur, Howard Stern and Larry Birkhead. The court doesn't want to take the ball out of their hands.

DORNIN: You brought up Virgie Arthur, of course, Anna Nicole Smith's mother. Does she have much standing here in the Bahamas? Do the grandmothers have much standing in terms of trying to gain custody of children? Or does the biological father trump? PINDER: Well, they have standing but the biological father has a running start because he's the biological father. (INAUDIBLE). He can show that he's a fit father. He can take care of that particular child, then he has a running start because they want fathers to get involved as well.

DORNIN: Now from what we've always understood in Bahamas, the court procedures like this are closed. We were hearing everyone was gagged, we weren't going to hear what happened. What changed here? Why do you think we are going to hear the results of this DNA test?

PINDER: Well, most lawyers don't understand what gag is. Gag merely means that you can't tell the details, but you can give the result.

DORNIN: And so the judge, we understand, is allowing them to come out and give some kind of statement.

PINDER: And give the result. And say who the father is and what's going to happen.

DORNIN: So but temporary custody, you think, would be granted that quickly? They wouldn't just announce the results of the DNA?

PINDER: Well, his lawyers, if they have their ducks all in a row, will have already put in the application for temporary custody as well, until they hear the final hearing. Once they've had the final hearing, permanent custody will be granted. If a person is given temporary custody, it's a good sign he'll probably get permanent custody as well.

DORNIN: Now obviously in the United States, they have people go and visit someone's home. If someone is claiming to be the father, they want to make sure that they have a good home, that they have financial stability and that sort of thing.

Now from what I understand, there is not going to -- the Bahamians aren't going to go to the United States to check out Mr. Birkhead.

PINDER: No, but they probably saw Larry's bank account already. So they know that he probably can provide a good home and he has to be able to give the baby what the baby needs.

DORNIN: Now if, for some reason, Mr. Birkhead is not the father of the child, where do we stand then?

PINDER: They go back to square one and they'll have to decide who the custody of the child should be with. And I believe that Virgie would have the running start on that. She will probably get the custody because she would then be the only person who is a blood relative of the child.

DORNIN: Now if Birkhead is granted custody and he is the father, what will they do with Virgie Arthur? Will she be granted some kind of visitation? Because if Mr. Birkhead moves away from the Bahamas, they can't really give her any rights, can they?

PINDER: Well, Virgie Arthur is not going to live here. She probably will live in Texas. And I'm sure Larry will allow the grandmother to see and visit the child and bond with the child and do same things with the child. He seems to be that type of person.

However, if Howard got it, I'm not sure it would be the same thing.

DORNIN: OK. Thank you very much, Pro Pinder. We are waiting to hear what the results will be. As we said earlier, the major players are expected to come out. Those major players are of course Howard Stern, who was the longtime companion and attorney for Anna Nicole Smith; Larry Birkhead who was her former boyfriend.

He has claimed all along, even before Anna Nicole Smith died, that he was the father of the child, 6-month-old Dannielynn. Of course, DNA was taken a few weeks ago from that baby and is now, we believe, has been revealed to the courtroom and hopefully we are going to be hearing the results very soon -- Betty.

NGUYEN: Rusty, we're seeing the crowd grow behind you. And I know in speaking with the gentleman there, he said if Larry Birkhead is not the father of this child then it's going to be a big surprise, just like Muhammad Ali losing the fight to Joe Frazier.

So does it appear that in the court of public opinion there in the Bahamas that Larry Birkhead is indeed the father?

DORNIN: In the court of public opinion here, yes, there is very strong favoring for Larry Birkhead. I've been spending a lot of time here since Anna Nicole Smith died. And as one of the men at the hotel told me, we see Mr. Birkhead as sort of a little lamb. We see him as very gentle. And many of the Bahamians seem to favor him.

They often cheer him when he comes into a crowd or comes into these court proceedings. There are often cheers for him. People shaking his hand, congratulating him. That sort of thing. So I think you'd agree with me, Pro.

PINDER: Yes.

DORNIN: That -- what is it about Larry Birkhead? Why do they seem to favor him so much?

PINDER: He is pleasant. He's attractive. He is semi- charismatic, and he likes people. I believe he also is sincere about this little child. He goes around shopping for baby clothing and all of that. So he is really concerned with bonding with this child. And I think he'll do a good job.

DORNIN: All right. Thank you. Well, Betty, as we said, we're waiting any moment for people to come out and begin telling us, finally, the word everyone has been wanting to know on who is the daddy. NGUYEN: We're watching that door very closely behind you, Rusty. I see a couple of people coming out of it. But if you look at the reflection in that door, you can see the crowds that have gathered there. Talk to me about this huge interest. And it's not just from the people who live there in the Bahamas. I mean, there are tourists who are standing by waiting just as well.

DORNIN: Well, it has been interesting because earlier we were sort of giving you a tour, and there are so many of these cruise ships that come in and they literally unload thousands of people during the day that come along the streets.

And as soon as they get off the ships, you have these taxis. And many of the people are asking the taxis and have been for weeks, we'd like to see Anna Nicole Smith's house. We'd like to see where they are buried. We'd like to go to the courthouse where all of this is happening. So the taxi drivers are actively recruiting tourists to try to...

PINDER: Making money, they are making money.

DORNIN: They are making money. And I think Pro Pinder can say, this has been good for the Bahamas, hasn't it?

PINDER: It has a boon for the Bahamas. It has been financial boon. And I think people are happy. Those who are disgruntled about it, probably more fastidious than others. But I believe that in general, even Shane Gibson is happy.

DORNIN: But -- Shane Gibson being the minister of immigration who had to resign after some pictures came out in the local paper that showed him hugging Anna Nicole Smith with -- they had all of their clothes on, but it was apparent that she was laying down in a bed and he did resign his post.

So it did hit the political scene here. But the thing that's interesting is most Bahamians were not very interested in this story until that happened really.

PINDER: No, until that happened. But Shane Gibson backhandedly should be complimented for bringing in a lot of tourists and making Anna Nicole Smith a permanent resident. He might be made minister of tourism should his government retain the (INAUDIBLE). So I believe that he did a great job in that, and he should be happy.

DORNIN: But what is it about the Bahamians that they don't really seem to care about the story? I mean, if you look at the crowd, it's still mostly tourists.

PINDER: Well, Bahamians never crowd any celebrity or any celebrity-type things. Sidney Poitier walks around half naked and nobody knows anything about -- not half naked. Just kidding. And so forth. But they are not celebrity-conscious. And that's a (INAUDIBLE).

But they will ask about it after work. They will come and find out about it and gossip about it and give their own version, so not really what happened, but what should be.

DORNIN: Right. We've heard many heated conversations in the coffee shops in the stores and that sort of thing. Very heated political conversations once the minister of immigration, of course, was brought in to all of this. So many of the Bahamians are paying attention. They want to know what's going on. And again, it has been a huge tourist boon for the country.

PINDER: Oh, very, very much so. This is only the minister's first mistake in public affairs. He has been a very good minister as minister of immigration and housing. Built a lot of houses for people (INAUDIBLE). So he'll probably be given back his title as member of parliament and maybe even a minister post sometime later.

DORNIN: Now Mr. Pinder also has another tie to this story. He's just not a lawyer and a legal expert in Bahamian affairs. He is actually the attorney for the man G. Ben Thompson, who is an American who owns the house called Horizons here in the Bahamas where Anna Nicole Smith and Howard Stern lived and where Howard Stern and the baby still reside.

Now there has been a lot of controversy over that house.

PINDER: Well, (INAUDIBLE) controversy.

DORNIN: And your client claims that he never gave it to her, and he wants the house back, am I correct?

PINDER: Yes. He wants his house back, but he's allowing the baby to rest in comfort until this matter is decided as to who is the father of the child. If Larry is the father of the child, my client won't mind allowing Larry to live in the house because they have nice relationships.

However, at some point in time, either he will purchase the house and live there with the baby or he'll have to find another house. We understand there's another house down the road, in Coral Harbour, and it's painted pink and it is a lovely house. It just needs fixing up.

DORNIN: There has also been obviously some contention, too, as well as right after Anna Nicole Smith died, the house was broken into. I know G. Ben Thompson's son-in-law did take some things out that he claims...

(CROSSTALK)

DORNIN: ... that he claims that Anna Nicole Smith asked him to.

PINDER: Right.

DORNIN: But many people have claimed that some things have appeared on eBay and that sort of thing. Is your client going to enter any kind of suspicion as far as taking those things out of the house or...

PINDER: No. Well, (INAUDIBLE) whatever he took out of the house he turned over to the police. First, in South Carolina and then in Florida. They have everything. He knows everything -- they know everything about what he took. My client is an honest person. He would never steal anything, especially from his own house.

And, of course, since Anna told him to take it, he probably took it. He wouldn't have had all the information he had had if she hadn't given him that particular information.

DORNIN: But apparently they did turn that -- those belongings, computers and things, over to the South Carolina police.

(CROSSTALK)

PINDER: Over to South Carolina police who in turn turned them over to the Florida police, and all is good. And, by the way, my client, there's no warrant of arrest for my client in New Providence or anywhere in the Commonwealth of the Bahamas. That is an old wife's tale.

DORNIN: Well, this is not -- there are so many legal procedures going on involving Howard Stern and things involving Anna Nicole Smith and her son and her baby. We still, obviously, have the inquest coming up into Daniel Smith's death, 20-year-old Daniel Smith came to the Bahamas to celebrate a very festive occasion, the birth of his baby sister. Three days after that baby was born, he was found dead in the hotel room.

PINDER: Unfortunately, yes.

DORNIN: And the -- they definitely want to talk to Howard Stern about that because he was, what, one of the only other people in the room?

(AUDIO GAP)

PINDER: ... he was one of the people in the room. He was one of the main persons. He was close to Daniel. He as connected with him. He saw what he was doing. He saw what was going on for the most part. They want him to give testimony at the inquest for that particular event.

However, he is suggesting that he can't get a fair trial at the inquest. Therefore, he's making an application to put fairness into the (INAUDIBLE). You cannot put fairness into anything. Fairness is in the people -- in the breasts (ph) of people, and they'll make that decision when the time comes.

DORNIN: What Mr. Pinder is referring to is that apparently Howard Stern's attorneys have interrupted the inquest, claiming that he wants the jurors for this inquest questioned like they do in the United States, what they call voir dire, questioned extensively to prove whether there is any prejudice. Well, they don't do that here in the Bahamas. It's just -- it's a coroner's inquest. It's not a trial.

But it has held up those proceedings. So at this point again, we are waiting for several of these legal procedures, but the big one we are waiting for is for them to come out that door and tell us, reveal finally, the results of that DNA test -- Betty.

NGUYEN: And we are watching very closely and as soon as it does, we'll bring it to you live here. Rusty Dornin, we appreciate your time today and your insight.

Of course, we'll be speaking with you as well a little bit later. But right now want to let you know that we're going to follow it all. I'm going to be speaking with Mike Brooks, talking about some of the ramifications of what could happen today once we know what has happened.

And as soon as we get a quick break in, we'll have much more on this story. You're in the NEWSROOM.

(COMMERCIAL BREAK)

BIRKHEAD: ... accept parentage and I'm the father and it has been a long road, and I am just happy to, you know, have this behind me and just to be able to start a life with my daughter. And I am...

UNIDENTIFIED MALE: What's next, Larry? Do you have a time frame?

BIRKHEAD: I'm going to a toy store.

UNIDENTIFIED MALE: Do you have a time frame?

BIRKHEAD: You know what? That's part of something I can't discuss. So -- I mean, all I can say is that, you know, things are moving quickly here, and we'll see what happens.

(CROSSTALK)

UNIDENTIFIED FEMALE: ... does the DNA show that it is you? With what amount of percentage certainty?

BIRKHEAD: Ninety-nine-point-nine-nine-nine-nine-nine-nine-nine- nine-nine.

(CHEERING AND APPLAUSE)

UNIDENTIFIED MALE: ... had a chance to talk to Howard to see how you're going to...

(CROSSTALK)

UNIDENTIFIED MALE: Larry, what was the atmosphere inside the courtroom?

(CROSSTALK)

BIRKHEAD: It depends on which side you were sitting on.

(CROSSTALK) BIRKHEAD: Pretty good.

(CROSSTALK)

BIRKHEAD: Some things. I just want to say to everybody, thank you for your support. Thank you for -- thank you for the people that got me this far and thank you. Just thank you very much.

LEMON: All right. Larry Birkhead tearing up towards the end there. He actually took his sunglasses off for that. And if you missed it, he came out. And I think probably the banner should read "I told you so" is what he said and threw his arms up in the air, if you missed it, let's play it for you again.

(BEGIN VIDEO CLIP)

BIRKHEAD: Hi, everybody. Hello. I hate to be the one that told you this, but, I told you so.

(CHEERING AND APPLAUSE)

(END VIDEO CLIP)

LEMON: So Larry Birkhead coming out of the courtroom, the proceeding, I guess, finishing just moments ago. Let's take a listen in now live and see who is speaking.

DR. MICHAEL BAIRD, PERFORMED DNA TEST: ... DNA test results. They were released today in the courtroom here in the Bahamas.

UNIDENTIFIED FEMALE: Did you release those?

BAIRD: Yes, I did. I released those to his lordship, Judge Isaacs (ph). And at his direction, they were made public at the courtroom. Larry was determined to be the biological father based on the DNA testing. He had a combined paternity index of over 11,515,000 for a probability of paternity of 99.99999 percent. So it all...

UNIDENTIFIED MALE: Pretty good, huh?

BAIRD: It's pretty good. So in all, essentially, he's the biological father. And again I would just like to thank all of the parties involved for providing the samples. This is Howard Stern and Larry Birkhead. Also the Broward County Medical Examiner's Office as well as the court here in the Bahamas who appointed me as the expert to do the DNA testing. So Larry, again, congratulations.

BIRKHEAD: Thank you. Thank you.

UNIDENTIFIED FEMALE: Dr. Baird, you were in there. When is the next hearing? What is the next step?

BAIRD: I really can't comment on that. All I can comment on is the DNA test results.

(CROSSTALK) BIRKHEAD: I just want my attorney -- the Bahamas attorney Emery Knowles (ph) to say something.

(CROSSTALK)

UNIDENTIFIED MALE: I never had any doubt that Larry -- I never doubted for a moment that Larry was the father of Dannielynn. And the evidence has been shown that he is the father. And we are very pleased with the results.

UNIDENTIFIED MALE: Can you explain what happened?

(CROSSTALK)

UNIDENTIFIED MALE: We'll be back in court on Friday.

UNIDENTIFIED FEMALE: What time?

UNIDENTIFIED MALE: In the afternoon.

UNIDENTIFIED FEMALE: Will a custody decision be made at that point?

UNIDENTIFIED MALE: We've got some other issues to deal with.

(CROSSTALK)

UNIDENTIFIED MALE: I can't talk about that at the moment.

UNIDENTIFIED FEMALE: Will Larry get the baby on Friday?

UNIDENTIFIED MALE: I can't talk about that now.

(CROSSTALK)

UNIDENTIFIED MALE: I can't comment on that now.

UNIDENTIFIED MALE: What can you tell us about Friday?

UNIDENTIFIED FEMALE: Sir, in general...

(CROSSTALK)

UNIDENTIFIED MALE: I can't comment on the case at the moment. Those issues are still open.

(CROSSTALK)

UNIDENTIFIED FEMALE: ... how it proceeds in the Bahamas in a case of this kind? What has to happen before a person can gain custody?

UNIDENTIFIED MALE: The first thing he has to be is to become the father of a child, which Larry is the father of the child.

UNIDENTIFIED FEMALE: And then? UNIDENTIFIED MALE: The issue of custody then arises.

(CROSSTALK)

UNIDENTIFIED FEMALE: Sir, does the birth certificate have to be changed, the birth certificate itself have to be changed?

UNIDENTIFIED MALE: Yes.

UNIDENTIFIED MALE: Did the judge make any ruling today about custody?

UNIDENTIFIED MALE: No, he hasn't made any ruling about custody yet.

BIRKHEAD: All right. Thanks, everybody. Appreciate it.

UNIDENTIFIED MALE: Quick question.

BIRKHEAD: I have got to stay up here. So I have just got to stay up here.

UNIDENTIFIED FEMALE: This is vindication for you. But also there's emotion under the surface. And what is going through your mind and your heart right now?

BIRKHEAD: You know, I'm just -- I'm excited. I'm -- just hard to do this by myself, you know. So thanks, you guys.

UNIDENTIFIED MALE: Do you know how to fix diapers yet?

BIRKHEAD: Yes.

(CROSSTALK)

UNIDENTIFIED FEMALE: Larry, what do you think Anna Nicole would think? What do you think Anna Nicole would think at this moment?

BIRKHEAD: I think she would be proud that I fought.

UNIDENTIFIED MALE: Where do you plan to raise Dannielynn?

BIRKHEAD: It's all up in the air.

UNIDENTIFIED FEMALE: What did Howard K. Stern say to you when it was revealed?

BIRKHEAD: I can't talk about what anybody else said. Thanks again.

(CHEERING AND APPLAUSE)

LEMON: All right. Larry Birkhead is the father. And if you were listening to the attorneys and to Larry Birkhead, he said 99.9999 means that I'm the father of the baby. Also if you are listening to his attorney there in the Bahamas, he said they have another court appearance on Friday, which is, B.J. Bernstein, our legal analyst here, the reason for that, probably custody.

B.J. BERNSTEIN, DEFENSE ATTORNEY: It has got to be custody at this point. You know, the question -- the million-dollar question that has been asked is, who is the father? It's now established clearly by this court that Larry Birkhead is the father. And now the issue is custody.

And, of course, Birkhead sits in a very good position to be able to take Dannielynn home soon.

LEMON: And that's a question, because it's a Bahamian court, it's the Bahamas, how does this play out? I mean, even if he is the father, does that necessarily mean that he's going to get custody of this child?

BERNSTEIN: It strengthens certainly his position. He'll now go before this judge on Friday. Now we've heard comments and we've seen Virgie Arthur come to the courthouse several times that she's going to be trying -- that's the grandmother of the baby.

But it's very difficult for grandparents, whether it's the United States, Bahamas, anywhere in the world, to trump the natural, biological parent. In this situation, Anna Nicole is dead, you have the natural father, Larry Birkhead.

He really should prevail. Unless there was something really horrible that came out about him, about how he could not be a fit parent. But we saw Virgie Arthur embrace Larry Birkhead early on. Talk about what a great guy he is. We've heard nothing but good things about him.

It's hard to believe that something terrible is going to come out by Friday that would stop him from getting that child.

LEMON: So by all indications because of this, it -- most likely Larry Birkhead will get custody of the child. And the odd man out, the loser, Howard K. Stern, now speaking in the Bahamas. Let's go back.

HOWARD K. STERN, ANNA NICOLE SMITH'S FORMER COMPANION: But my feelings for Dannielynn have not changed. I am not going to fight Larry Birkhead on custody. We're going to do what we can to make sure that the best interest of Dannielynn are carried out. And I'm going to do whatever I can to make sure that he gets sole custody.

UNIDENTIFIED MALE: When will Dannielynn go to Larry?

STERN: You know, as far as I'm concerned, Larry can come over to the house and spend as much time with her as he wants right now. I'd like there to be a gradual transition period for her so there's no harm caused to her.

UNIDENTIFIED MALE: Are we talking about days, weeks?

STERN: You know, I -- we can't talk about the specifics, and we have a hearing on Friday that we can't really discuss. (CROSSTALK)

LEMON: OK. Howard K. Stern coming out. And after the funeral...

STERN: I'm going to stay in the Bahamas regardless. I'm not going to leave Anna or Daniel here alone. I wouldn't do that.

UNIDENTIFIED FEMALE: Tell us about how this has affected you.

STERN: This whole process, everything has been very difficult. You know, very difficult. The way that the media has treated everything I think has been beyond irresponsible, at times malicious. And those are things that will be addressed later on.

LEMON: OK. And you know, B.J., you are listening to this. Howard K. Stern just hired an attorney that -- it was reported.

BERNSTEIN: One of the best.

LEMON: Just hired an attorney. And this, what he is saying here about media -- tell us what this might mean.

BERNSTEIN: Well, this might mean there has been reports in the media that Lin Wood, one of the leading libel and slander attorneys in this country has been consulting with Howard K. Stern. And here we just heard Howard K. Stern say he's not going to be fighting this custody part anymore. He endorses Larry Birkhead getting the baby, and that he clearly doesn't want Virgie Arthur -- this woman who has made truly some very harsh accusations, even before Anna Nicole's death.

She accused him of being part of the murder of her son. Then she has made some accusations against him about this death of Anna Nicole, which, of course, has not come true from the Seminole police investigation. And he just gave us a preview perhaps of what his new lawyer, if he hires him, Lin Wood is going to go after, which is being smeared in the media.

LEMON: Of things to come here, possibly. The gentleman's agreement, it seemed that they reached during the trial, when the judge made them all get together. At the funeral, Larry Birkhead, Howard K. Stern sort of talked and what have you. So it seems after that it was sort of a sea change between them.

He's saying he's not going to fight it now. He's going to go ahead and give him the baby, but over time.

BERNSTEIN: Right. Back during the Florida circus, Judge Seidlin's courtroom, we saw that kind of liaison of Larry Birkhead and Virgie Arthur. And they seemed very close and kind of estranged in the courtroom from Howard K. Stern. And as you just described, there definitely seemed to be a shift.

And as we saw now, complete gentleman's agreement between the two of them that the DNA belongs to Birkhead, that Howard K. Stern is just concerned about being close to Anna, wants to remain in the Bahamas.

And he wants a transition for the child, and he wants to be part of the child's life. So -- but the saga will continue.

LEMON: I'm going to bend your ear, I'm going to let you go. Thank you though so much for that analysis. You couldn't have been here at a more perfect time, B.J. Bernstein, thank you so much -- Betty.

BERNSTEIN: Good to be here, thanks, Don.

NGUYEN: And we've learned so much today regarding the paternity test. And as we've been telling you, we're going to let you hear it for yourself. Our affiliate, I'm being told right now, WFOR, is speaking with Larry Birkhead right now, who announced just moments ago that he indeed is the father. Take a listen.

BIRKHEAD: You know, that I loved her mother very much.

UNIDENTIFIED MALE: All right. When are you back in court, Larry?

BIRKHEAD: Friday.

UNIDENTIFIED FEMALE: Bye, Larry.

UNIDENTIFIED FEMALE: Craig, are you still with us? OK.

NGUYEN: So as you look at these live pictures as Larry Birkhead leaves this courtroom being the victor here, being proclaimed as the father of Dannielynn, you're going to see in the background, besides this reporter here, as we've been showing you some of the family of Larry Birkhead. His sisters and his brothers, in fact, here's Anna Nicole's mother, Virgie Arthur, speaking.

VIRGIE ARTHUR, ANNA NICOLE SMITH'S MOTHER: How are you?

UNIDENTIFIED MALE: Virgie -- what is your reaction, Virgie?

ARTHUR: I've got a statement. I am too excited, OK? All I care about and all I've ever cared about is the safety and well-being of my little granddaughter Dannielynn. I am happy that Dannielynn will know who her real father is. And I look forward to work with Larry, raising my granddaughter and doing what is very best for her.

(CROSSTALK)

UNIDENTIFIED MALE: Will you fight for custody?

(CROSSTALK)

UNIDENTIFIED FEMALE: She's -- we're looking to work with Larry in this jurisdiction. There can be double or two guardians, and she is the only relative on the maternal side of this child. We think it would be in Dannielynn's best interest to know her mother and know her mother's family, to interact with that family, to know her grandmother who raised Daniel, who raised Anna and did a darn good job of doing it. And we really look forward. We are just so happy that the result is out because that's best for Dannielynn.

(CROSSTALK)

UNIDENTIFIED FEMALE: It involves custody and guardianship, and we'll be discussing that further. Thank you very much. Thank you all.

(CROSSTALK)

ARTHUR: I think she would be happy to know that Dannielynn is going to know who her real father is.

UNIDENTIFIED FEMALE: Thank you very much.

(CROSSTALK)

ARTHUR: I just want to be the grandmother.

UNIDENTIFIED FEMALE: Yes, just the grandmother.

NGUYEN: So you have been listening to Virgie Arthur talk about how happy she is to know that Dannielynn indeed has a father and we know the name finally after all of these weeks. And that being Larry Birkhead. And she also said she was looking forward to working with Larry to raise the child.

LEMON: Yes. All right. B.J. Bernstein...

NGUYEN: Mike Brooks...

LEMON: Mike Brooks, thank you so much for joining us. We're going to turn it over now to Wolf Blitzer now in "THE SITUATION ROOM."

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