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Nancy Grace
DNA Proves Birkhead the Father of Baby Dannielynn
Aired April 10, 2007 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Breaking news tonight, announcement on the courthouse steps. Father`s Day comes early for the baby daughter of covergirl Anna Nicole Smith. California photographer Larry Birkhead passes the test, the DNA test. DNA science backed his claim he is the biological father of 7-month-old baby girl Dannielynn Smith, the only heir to covergirl Anna Nicole Smith`s fortune, an estimated $475 million.
But even after months of stonewalling, court delays and appeals, it`s not over yet. Now, paternity aside, the custody battle lands back in court, while at the same time, formal inquest takes off on the mysterious an unexplained death of Anna Nicole`s young son, Daniel, who died mysteriously, like his mother, covergirl Anna Nicole Smith.
(BEGIN VIDEO CLIP)
LARRY BIRKHEAD, ANNA NICOLE`S FORMER BOYFRIEND: I hate to be the one that told you this, but I told you so! My baby`s going to be coming home pretty soon. I`m the father. And it`s been a long road, and I`m just happy to, you know, have this behind me and just be able to start a life with my daughter.
VIRGIE ARTHUR, ANNA NICOLE`S MOTHER: All I care about and all I`ve ever cared about is the safety and wellbeing of my little granddaughter, Dannielynn. And I look forward to working with Larry, raising my granddaughter and doing what is very best for her.
UNIDENTIFIED FEMALE: In this jurisdiction, there can be double or two guardians, and she is the only relative on the maternal side of this trial. We think it would be in Dannielynn`s best interest to know her mother and know her mother`s family.
HOWARD STERN, ANNA NICOLE`S ATTORNEY/COMPANION: I`m obviously very disappointed. 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 interests of Dannielynn are carried out, and I`m going to do whatever I can to make sure that he gets sole custody.
(END VIDEO CLIP)
GRACE: Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. That`s right, after months of stonewalling, court hearings, tears and argument, finally, the DNA answer as to the paternity of Dannielynn, set to inherit nearly $500 million. Today on the courthouse steps, the announcement made.
Straight to you, Jean Casarez. What happened?
JEAN CASAREZ, COURT TV: Well, paternity tests have proven that Larry Birkhead is the father of Dannielynn. Howard K. Stern is saying he will not fight for custody. What he will fight for is that Larry Birkhead has sole custody. Virgie Arthur, through her attorney, has said that she wants to help raise the child with Larry, and in that jurisdiction, you can have two guardians.
GRACE: Take a listen to this.
(BEGIN VIDEO CLIP)
BIRKHEAD: I hate to be the one that told you this, but I told you so! There`s certain things that I can`t talk about, but this is one that I`m happy to talk about. And my baby`s going to be coming home pretty soon. You know, it`s all up in the air. Nothing`s really determined except parentage, and I`m the father. and it`s been a long road, and I`m just happy to, you know, have this behind me and just to be able to start a life with my daughter.
UNIDENTIFIED FEMALE: ... does the DNA show that it is you, with what amount of percent of certainty?
BIRKHEAD: 99.9999999...
(LAUGHTER)
(END VIDEO CLIP)
GRACE: And according to our sources, Larry Birkhead will be going over to Howard K. Stern`s home, Horizons, tonight, if allowed.
Now, to you, Jean Casarez. According to our most recent reports, he`s been trying to get over there ever since this hearing today, and no one is answering the phone. Now, is everyone in agreement that everyone will follow the court order, that this is his child? And what does it mean for custody?
CASAREZ: Well, as far as we know, everybody is complying with the order. And as you heard Howard K. Stern say that Larry Birkhead could come over anytime he wanted. Well, that`s a switch because he hasn`t been over to the home in a very long time -- actually, only been there once. What does it mean for custody? Well, that`s anybody`s game because Virgie Arthur is mounting a fight for at least co-guardianship of that child.
GRACE: Co-guardianship. Let`s unleash the lawyers. Joining us tonight, Susan Moss, Doug Burns, Alan Ripka. Also with us, John O`Quinn. As you all know, that is Virgie Arthur`s attorney.
Out to you, John O`Quinn. Today on the courthouse steps, your client, Anna Nicole`s mother, Virgie Arthur, said she just wants to be a grandmother. That`s a switch. Up until now, she has vowed that even in light of DNA results, she would want custody. So where does she stand, John?
JOHN O`QUINN, ATTORNEY FOR VIRGIE ARTHUR: Well, like she said on the courthouse steps, she`s delighted. And I`m delighted. And Larry Birkhead has stuck to the truth all the way through. He`s stuck to his guns. And we admire a man like that. And Howard Stern can no longer falsely go around saying he`s the father of the child. That`s over. And we`re delighted about that, too.
GRACE: What does this mean for Virgie`s chances of raising the baby at home in Texas?
O`QUINN: I don`t know. We`ve talked to Larry. I call him Larry because that`s the way I`ve met him, and we talk to each other that way, Mr. Birkhead -- and we believe he`s very open to sitting down with Virgie and working out the right relationship because he knows Virgie is the grandmother. He knows Virgie loves that child, that baby. And he knows grandmothers can be a positive force. So I believe they`re going to work something out. I really do.
GRACE: Well, I noticed today that when Stern came out, he stated that he wanted to help Birkhead get sole custody of the baby. It was very pointed. Now, has there been some alliance formed between Birkhead and Stern to freeze out Virgie, John O`Quinn?
O`QUINN: Well, certainly, there has. Stern is -- all Stern wants is custody of the money. That`s all he`s ever wanted is custody of the money. And so he`s going to try to maneuver things where he has custody of the money. And he`s already shown he can`t be trusted with the money. And I don`t know how that`s going to be sorted out. I hope that Mr. Birkhead protects his daughter and doesn`t allow somebody to rip off the child.
GRACE: Well, I don`t know what your perception was of Stern on the courthouse steps today, but to me, he looked like a man that had taken a beating. He had dark circles under his eyes. He looked distraught. He has lost the woman that he apparently loved. He has lost Daniel, the son, and now the baby. Take a listen to this.
(BEGIN VIDEO CLIP)
STERN: I just want to say that I`m obviously very disappointed. 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 interests of Dannielynn are carried out, and I`m going to do whatever I can to make sure that he gets sole custody.
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.
As far as me staying in the Bahamas, I`m going to stay in the Bahamas regardless. I`m not going to leave Anna or Daniel here alone.
(END VIDEO CLIP)
GRACE: Out to David Caplan, deputy New York bureau chief of "Star." What can you tell us, David?
DAVID CAPLAN, "STAR": Well, the interesting thing here about Larry and Howard K. Stern were all going to work together to sort of get Dannielynn acclimated to her new dad, essentially, which is Larry Birkhead. And we`re hearing that`s going to take about between two and four weeks. And there`s even a report that says Howard K. Stern is speaking with child care professionals to really understand what`s the best way so that it`s not too much of a shock to Dannielynn`s sort of, you know, system and emotional state to meet, essentially, this new dad because she`s been very familiar with Howard K. Stern for months.
GRACE: Let`s go to the therapist. Mark Hillman, psychotherapist and author, is with us. Dr. Hillman, let`s talk about it just a moment. The baby`s just turned 7 months old. The only person she`s known to this point is Howard K. Stern. Yes, he`s been gone a lot. Yes, he`s been in Florida a lot, in court a lot. That`s the only one she has known. According to our reports, however, Stern`s family has been there, as well, the mother and the father, trading off duties, taking care, holding the baby, being with the baby. What will this mean to a child that young?
MARK HILLMAN, PSYCHOTHERAPIST: Well, my opinion is that it`s going to be as Howard said, a transition, in terms of transferring the one sense of bonding to Larry Birkhead. So it`s going to be transitional. It`ll take times in terms of tactile, in terms of cooing (ph), in terms of voice recognition, in terms of eye contact. And I think it will be a healthy transition, especially because Howard, at this point, seems to be very willing to make that accommodation.
GRACE: Well, we all seem to be taking it in stride that the baby is going to Birkhead. But in the Bahamas, that may not be the case. The custody battle is still going to loom, not so much between Stern and Birkhead anymore, but between Birkhead and the maternal grandmother, Virgie Arthur. Take a listen.
(BEGIN VIDEO CLIP)
ARTHUR: All I care about and all I`ve ever cared about is the safety and wellbeing of my little granddaughter, Dannielynn. I`m happy that Dannielynn will know who her real father is. And I look forward to working with Larry, raising my granddaughter and doing what is very best for her.
UNIDENTIFIED FEMALE: 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 interests to know her mother and know her mother`s family, to interact in 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`re just so happy that the result is out because that`s best for Dannielynn.
UNIDENTIFIED MALE: What do you think Anna Nicole would say right now if she could see this (INAUDIBLE)
ARTHUR: I think she would be happy to know that Dannielynn`s going to know who her real father is.
(END VIDEO CLIP)
GRACE: In just a moment, we`ll hear from Howard K. Stern, today also on the courthouse steps, vowing that he would stay there in the Bahamas, not wanting to leave Anna Nicole and Daniel Stern (SIC) there buried. Take a listen.
(END VIDEO CLIP)
STERN: As far as me staying in the Bahamas, I`m going to stay in the Bahamas regardless. I`m not going to leave Anna or Daniel here alone.
(END VIDEO CLIP)
GRACE: As we all know, Anna Nicole Smith and Daniel Smith, her 20- year-old, buried together there in the Bahamas. Today, Stern, in the face of defeat, conceding but saying he will stay in the Bahamas with Anna Nicole and Daniel. Their bodies, at least.
Jean Casarez, what do you make of it?
CASAREZ: You know, Nancy, every step of the way, Howard K. Stern seems to want to carry out the intent of Anna Nicole Smith. Now, speaking legally for a second, we heard in the Florida court that he wanted the will probated in the Bahamas. And remember, in the Bahamas, he possibly could be the executor, the administrator of the estate. Obviously, may be a business purpose to stay there also.
GRACE: Let`s go to the lines. Rachel in Canada. Hi, Rachel.
UNIDENTIFIED FEMALE: Hi. How are you?
GRACE: I`m good, dear. What`s your question?
UNIDENTIFIED FEMALE: I was just wondering, if Larry Birkhead is the biological father, how can Virgie Arthur try and get custody of Dannielynn, since Larry Birkhead is the biological -- the father? I mean, to me, like, the father -- the baby would go with the father, not with the grandmother.
GRACE: Well, Rachel, you`re absolutely correct. Normally, in America and in Canada, biological parenthood rules. That`s not necessarily so in the Bahamas.
Let`s go out to the lawyers, Alan Ripka, Doug Burns, Susan Moss, John O`Quinn. Also a lawyer with us, Jean Casarez from Court TV. Out to you, Alan Ripka. It`s good to see you again tonight, Alan. In the Bahamas, it`s a whole different ballgame regarding custody. This was just paternity.
ALAN RIPKA, DEFENSE ATTORNEY: That`s right. At this point, now he has to fight for custody. And especially in the Bahamas because there can be dual custody, the court will look to what`s the best interests of the child. And if they determine that it`s in the best interests of the child to have the grandmother and Larry Birkhead in custody, then that`s what they will award.
GRACE: They could even do joint custody. Have you ever had heard of that, Doug Burns?
DOUG BURNS, DEFENSE ATTORNEY: Sure, I`ve heard of joint custody, but I`ve given the opinion that I would think they would go with the biological father. I also think you`re mixing apples and oranges because, on the one hand, she will be able to visit and participate in the child`s life, but formal custody seems really odd for a grandparent over the father.
GRACE: Oh, really? To Susan Moss. Susan, I don`t know of a court that can order grandparents visitation, as Doug Burns is just suggesting, she`ll be a part of the child`s life. I don`t know. If Birkhead says no, that may not be true.
SUSAN MOSS, FAMILY LAW ATTORNEY, CHILD ADVOCATE: Well, certainly, in America, that`s the way it stands. The Supreme Court ruled in Troxel versus Granville that exact point of law. But in the Bahamas...
GRACE: Wait. Explain. Explain to those of us that aren`t familiar with all the Supreme Court rulings.
MOSS: Sure. The highest court in America has ruled that natural parents have the nod over grandparents and over anyone else seeking standing to get custody. That means that natural parents, unless they are shown to be unfit, rules.
RIPKA: Right.
MOSS: Entirely different story in Bahamas. In the Bahamas, there`s a joint custody possibility, and we`ve only just begun.
GRACE: We have only just begun. In fact, there`s going to be court on Friday on this very issue, Jean Casarez.
CASAREZ: That`s right. You know, Nancy, here`s where I think Virgie`s coming from. Since she`s been in the Bahamas -- and she has been in the Bahamas every step of the way -- she`s been able to visit the child once. And she wasn`t allowed to touch the child. She could only look at the child for 15 minutes. I think she wants something on paper to show that she can truly be a part of this child`s life in the future.
GRACE: Let`s go out to the lines. Tambrey in Kentucky. Hi, Tambrey.
UNIDENTIFIED FEMALE: Hi, friend. My question is, has anybody -- although Howard has custody of the child right now, what is the possibility that Howard could take off with the baby?
GRACE: Ruh-roh! Out to you, Mike Brooks, former cop and former fed, who`s been spending most of his time down there in the Bahamas. What about it?
MIKE BROOKS, FORMER D.C. POLICE, SERVED ON FBI TERRORISM TASK FORCE: Well, there`s that possibility, but I think right now, the officials in the Bahamas, they know what these people look like. They`re not going to let them leave that island right now. As far as I`m concerned...
GRACE: Not let them leave the island. I don`t know. Does the word "yacht" mean anything to you, Mike Brooks?
BROOKS: It does, but he doesn`t own one. But keep in mind that -- remember Shane Gibson? His father is the one who owns the yacht that Howard K. Stern was looking at. But you know, there also -- keep in mind there`s an inquest coming up, and Howard K. Stern is one of the chief witnesses in that inquest and they want him there. They want to keep him on that island to make sure he shows up for that inquest, Nancy, because he`s going to be one of the key witnesses of the 40 witnesses or more that may finally, you know, finally come up before the inquest.
GRACE: Mike Brooks throwing around a little lawyer lingo. Inquest is a formal court hearing with a jury into the cause of death of 20-year-old Daniel Smith, dying under very mysterious and unexpected circumstances eerily similar to the death of his own mom, covergirl Anna Nicole Smith.
We`ll all be right back, with the panel taking your calls in just a moment. But first, you`ve got to hear this. To tonight`s "Case Alert." The 2000 stats are in naming the top most dangerous states in the U.S. Factors: Murder, rape, robbery, assault, burglary and car theft per 100,000 population. States also ranked by comparing to the national average. For the fourth year in a row, single most dangerous state? The Sagebrush State (INAUDIBLE) Nevada wins. That`s right, Nevada, single most dangerous, followed by New Mexico and Arizona. The safest state, Vermont, followed by Maine, New Hampshire and the 10-time winner, North Dakota, the safest state in America.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BIRKHEAD: There`s certain things that I can`t talk about, but this is one that I`m happy to talk about. And my baby`s going to be coming home pretty soon. Nothing`s really determined except parentage, and I`m the father. And it`s been a long road, and I`m just happy to have this behind me and just to be able to start a life with my daughter.
UNIDENTIFIED FEMALE: ... does the DNA show that it is you, with what amount of percent of certainty?
BIRKHEAD: 99.9999999...
(LAUGHTER)
(END VIDEO CLIP)
GRACE: Breaking news tonight, announcement on the courthouse steps that Father`s Day came early for 7-month-old Dannielynn Smith, the only heir, the only descendent to the fortune left behind by covergirl Anna Nicole Smith, now estimated to a potential $500 million. The photographer out of California, Larry Birkhead, wins the test -- the DNA test, that is.
Out to the lines. Mary in Canada. Hi, Mary.
UNIDENTIFIED FEMALE: Hi. We love your show here in Nova Scotia.
GRACE: Thank you! Thank you to all my friends in Nova Scotia. What`s your question, Mary?
UNIDENTIFIED FEMALE: Yes. I`m just wondering. You said about joint custody?
GRACE: Yes?
UNIDENTIFIED FEMALE: I`m just wondering if the court will give it to both Howard Stern and Larry Birkhead at once.
GRACE: I don`t think, Mary, it`s going to be Stern and Birkhead because today, Stern announced on the courthouse steps he`s giving up the custody battle in light of the DNA results. But we may not have heard the last of Virgie Arthur, who still wants very much to be in her granddaughter`s life.
Joining us right now is a very special guest a lot of you want to hear from, Dr. Michael Baird. He is the forensic scientist that conducted the paternity test in the Smith custody battle. Doctor, it`s a real privilege to have you on. Thank you for being with us.
MICHAEL BAIRD, PH.D., CONDUCTED PATERNITY TEST: It`s my pleasure.
GRACE: Now, Doctor, while you were conducting these DNA tests, I know you had to know it was about the Anna Nicole Smith case. How did you go into it? Did it change your procedure at all?
BAIRD: Well, it changed it somewhat in terms of eliminating the number of people that actually knew the results in our laboratory in (INAUDIBLE) There were actually only three of us that actually knew the results after the test was performed.
GRACE: Three of you. And that was, I believe, one other doctor and one other scientist there?
BAIRD: That`s correct.
GRACE: It`s DNA Diagnostics, correct? That`s the name of your lab?
BAIRD: Yes, it is.
GRACE: Dr. Baird, did you personally take the oral buccal swab from baby Dannielynn`s mouth?
BAIRD: Yes, I did.
GRACE: What happened?
BAIRD: Well, this all came about through a hearing down here in Nassau on March 20. And that hearing, I went in and testified before his lordship, Judge Isaacs, and I presented my credentials and experience in doing DNA testing in paternity, and he allowed me to be the court witness to do the DNA test. Once that happened, he then ordered that samples be collected from Dannielynn and also Larry Birkhead.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
ARTHUR: All I care about and all I`ve ever cared about is the safety and wellbeing of my little granddaughter, Dannielynn. I`m happy that Dannielynn will know who her real father is, and I look forward to working with Larry, raising my granddaughter and doing what is very best for her.
GRACE: They keep talking about the baby, the baby Dannielynn. But only one of us has actually seen her. She`s been under tight security since the death of her mom, Anna Nicole Smith.
Out to you, Dr. Michael Baird, the forensic scientist at DNA Diagnostics who settled the question today of paternity. What happened when you went to the home and you actually saw Dannielynn? What was the atmosphere? What was the baby like?
BAIRD: Well, I tell you, we went to the pediatrician`s office to do the collection. And fortunately, the justice here in the Bahamas allowed for the cheek sample to be taken, not a blood sample, so it`s sort of less invasive and painful for the child.
The baby was adorable, I got to tell you. It was 6 months old at the time. This was on March 21. It was squirmy. It was cute. I took buccal samples from her, two from the right cheek and two from the left cheek. And I got to tell you, one of the real kind of touching moments during that time was when Larry Birkhead, who was there present also during the collection, walked over to the baby, put out his finger and the baby grabbed it. So I think everyone in the room kind of, you know, let out a sigh.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
HOWARD K. STERN, ANNA NICOLE SMITH CONFIDANTE: I just want to say that I`m obviously very disappointed, 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 interests of Dannielynn are carried out. And I`m going to do whatever I can to make sure that he gets sole custody.
(END VIDEO CLIP)
GRACE: Clearly pointed at mother Virgie Arthur, the mother of Anna Nicole Smith. Stern also vowing not to leave the grave of Anna Nicole and Daniel, her son.
A lot of questions tonight. From what we hear in the Stern camp, he is devastated, and so is the family that has been living there with him. Birkhead named the biological father. Where will Birkhead raise the baby? We understand he`s already interviewing nannies, one based in L.A. But there also seems to be a Kentucky connection with Birkhead.
What about it? To you, David Caplan.
DAVID CAPLAN, "STAR" MAGAZINE: Larry Birkhead is from Kentucky, and that`s where he has a lot of family, so he wants the baby, of course, to be familiar with his own family. But for now, though, Los Angeles really is his base. That`s where he`s been living the last couple years. But, you know, him and Anna did meet at the Kentucky Derby, so there`s even some significance there, as well.
GRACE: Interesting, though, the nanny he has -- we know that he has interviewed is from L.A., is L.A.-based. What does it mean regarding residency, Jean? That`s a whole other legal wrinkle that can come into play.
JEAN CASAREZ, COURT TV: Well, that`s right, residency. Who are we talking about residency? We`re talking about Larry Birkhead. His residency is in Los Angeles, California. Could a battle for custody somehow come about in the Los Angeles courts because of his residency? Possibility. Residency of Howard K. Stern, he`s a visitor in the Bahamas, but he says he wants to stay there, so he`s going to have to get legal residency. That means he`s going to have to buy a home.
GRACE: And what do we know about his second home?
CASAREZ: Well, we know that it`s not in his name right now. Does that mean that he didn`t pay the money? No, it doesn`t. But it`s in the name of someone else. It`s not able to be lived in yet. It`s being renovated. But I would assume he`s going to get one sooner than later.
GRACE: Back out to Dr. Michael Baird, forensic scientist. Many people consider Larry Birkhead to be the man of the hour, him being named biological father of baby Dannielynn. This is the man who actually took those DNA tests, did the analysis, and made the announcement today in court.
Dr. Baird, thank you again for being with us. What was it like in court today? You were witness number two, correct?
MICHAEL BAIRD, CONDUCTED PATERNITY TEST: That`s correct.
GRACE: What happened?
BAIRD: Well, I would say that the atmosphere in the court was tense in anticipating what the results were going to be, because, believe it or not, no one other than three of us at the company knew what the results were, whether it was an inclusion or exclusion. So I opened the sealed envelope before his lordship, Justice Isaacs, and revealed to him what the results were, as well as the people in the court.
GRACE: So, hold on. I want to look at Baird when I ask him this. Can I see Dr. Michael Baird? There he is, DNA diagnostics. This is Dr. Michael Baird who performed the DNA tests. So you`re telling me that Birkhead, neither Birkhead nor Stern nor Arthur knew what was in that envelope?
BAIRD: That`s correct.
GRACE: You`re absolutely certain?
BAIRD: Absolutely certain.
GRACE: You know, I understand DNA, after trying a lot of cases. What I don`t understand is how you kept the lid on that.
BAIRD: Well, you know, it certainly took some extra effort to do that, and we realized that this was a case that was really looked at by the media, and everyone wanted to know the results as soon as they were available. But we do high-profile cases like this all the time as DDC, and we keep it confidential. And we know how to do it, and we do it right. And, amazingly enough, no one knew about it until it was released today.
GRACE: Dr. Baird, I want to go back to that moment that you first saw Dannielynn. A lot of us, many people have been concerned that she may have some developmental disorder if her mom had been using drugs during pregnancy, a lot of drugs, methadone, chloral hydrate, sleeping pills, muscle-relaxers. Was she alert? Was she looking around when the swab was taken? Did she look at the person taking the swab?
BAIRD: Well, I don`t feel I`m really qualified to assess whether or not she was OK developmentally at that stage. I just based my observations on being a father of four kids.
GRACE: I would say you`re an expert.
BAIRD: And she seemed perfectly normal in terms of 6 months. I`ve certainly been around.
GRACE: I would say you`re an expert. Well, what do you expect at 6 months? I mean, explain.
BAIRD: Well, I mean, she was certainly squirmy. She was, you know, a little fussy at times. She certainly looked around to people. I told you how she grabbed Larry`s finger, which certainly showed that she was alert and she was looking around. You know, she didn`t give any problems in terms of collecting the samples that I did from her cheeks. She seemed like a normal 6-month-old baby to me.
GRACE: Who else was in the room when the swab was taken?
BAIRD: There were a lot of people. Besides Larry and Howard, we had the attorneys for all the individuals. Emmerick Knowles was there and one of his associates. Mr. McKinney was there, the attorney for Mr. Stern. Another attorney for Virgie Arthur was there. And there were two attorneys from the Bahamas social services.
GRACE: So the headline is, the baby is squirmy and fussy, in a good way. OK.
I want to go to you, Susan Moss. You`re a child advocate. It sounds as if, just from a father of four`s opinion, the baby is coming along well. When would we expect to learn of any problems?
SUSAN MOSS, FAMILY LAW ATTORNEY: Well, certainly we would learn immediately. Certainly, we would learn on Friday in the custody proceeding. As we all know, Howard K. Stern is still the presumptive father. And until that changes, whether he was involved in the neglectful behavior with respect to this child, still might be at issue in a custody battle.
GRACE: Well, you`re absolutely correct. Go ahead, Susan.
MOSS: And so that certainly may come up on Friday. What also is going to come up is the outrageous demand that Virgie Arthur be involved in this child`s life. The biological mother hated her. Larry Birkhead has said very negative things about Ms. Arthur. And now she expects to have custody? This is going to be a heck of a fight, and we`re only in the beginning of it.
GRACE: Out to the lines. Katy in Minnesota, hi, Katy.
CALLER: Hi.
GRACE: What`s your question, dear?
CALLER: Well, I`m just wondering, if a Bahamian court orders joint custody of the baby to Larry Birkhead and Virgie Arthur, how enforceable is that decree in the United States when they all get back there and the baby can be an American citizen?
GRACE: You know, especially, Katy in Minnesota, in light of the fact, if Stern does not have residency in the Bahamas, none of them are going to end up being citizens, nobody, maybe the baby, but probably nobody, which lands them back under U.S. custody. So what about this ruling? What about this grant of custody?
Out to the lawyers. To you, Alan Ripka, what will it really mean if they all come back home to the U.S.?
ALAN RIPKA, DEFENSE ATTORNEY: Well, if they come back home to the U.S., what they`ll do is they`ll attempt to take whatever order the judge forces them to enter into and bring it back to the United States and ask that a judge in the United States enforce it.
Hopefully, what they`ll try to do is have an agreement between themselves in some sort of joint custody fashion, which would alleviate the worry that the agreement cannot be carried out.
GRACE: Isn`t there a pact between the U.S. and the Bahamas, Jean Casarez?
CASAREZ: I think there is, definitely through the Hague Convention, otherwise. But I think a lot of good faith is going to have to go on between the parties here.
GRACE: And, of course, if we needed any other directions to what Anna Nicole Smith wanted, take a listen to this.
(BEGIN VIDEO CLIP)
ANNA NICOLE SMITH, FORMER MODEL: You want to hear my childlife? You want to hear all the things she did to me? You want to hear all the things she let my father do to me, or my brother do to me, or my sister, the beatings, the whippings, the rape? That`s my mother. That`s my mom.
UNIDENTIFIED MALE: What do you want to say to her?
SMITH: I want to say to her, how dare you, (bleep). How dare you. That`s what I want to say. Come after me. Come on, get yours. You know what? I used to cry after you. I used to cry after you, from the day, even when I am a baby girl, I cried for you. And you asked Howard, I cried for my mom. I cry for my mom when I saw her on CNN, and I saw how evil she was and evil she looked. So bring it on, mama, mommy dearest.
(END VIDEO CLIP)
GRACE: That was an interview played in court back in February, an interview Anna Nicole gave "Entertainment Tonight" in October, where Smith talks about her estrangement from her mother. But, you know, her mother, Virgie, seemed to show nothing but love for Anna Nicole, the baby and Daniel.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: What`s next, Larry?
LARRY BIRKHEAD, FATHER OF DANNIELYNN SMITH: I`m going to a toy store. I`m excited. I`m just -- it`s just hard to do this by myself.
(CROSSTALK)
UNIDENTIFIED FEMALE: Larry, what do you think Anna Nicole would say?
BIRKHEAD: I think she would be proud that I fought.
(END VIDEO CLIP)
GRACE: Welcome back. Father`s Day comes early for a 7-month-old baby girl who now knows who her real father is, this baby girl, Dannielynn, the only descendent of Anna Nicole Smith, set to inherit nearly $500 million in potential estate.
Out to you, Mike Brooks. Happy faces all around today, but it`s going to be a different matter tomorrow, in the very same courthouse, maybe the same courtroom.
MIKE BROOKS, FORMER D.C. POLICE: Well, tomorrow, Nancy, just up the street at the coroner`s court, they`re going to have the jury come back basically for a status hearing to try to figure out when and if the coroner`s inquest will proceed.
And then, on Thursday, they`re going to talk about the coroner`s inquest in the supreme court there and decide whether or not -- there`s a constitutional issue on whether or not Howard K. Stern, who is supposed to be a witness, can get a fair and impartial shake, if you will, from the seven jurors who have already been picked and impaneled and sworn in, in the coroner`s inquest.
And so, you know, we`ll find out Thursday whether or not this is going to take months, years, or whether it might continue next week, and get this coroner`s inquest under way to find out exactly what happened with Daniel. What was the manner of his death? We already know cause, but we have not determined manner, whether it was accidental, suicidal, or if there was any foul play involved.
GRACE: Now, wasn`t methadone found in his system?
BROOKS: Yes, it was, along with a number of other antidepressants. And keep in mind, Nancy, there was only one person remaining who is alive that was in that room at Doctor`s Hospital with Anna Nicole and Daniel when he died. That was Howard K. Stern.
I can tell you the chief magistrate there, Judge Gomez, he wants to talk to Mr. Stern, probably more so than any of the other witnesses. You know, there are over 16 medical personnel who are going to be witnesses, along with investigators, the two nannies who worked at the Horizons mansion, a myriad of other people.
And, again, it`s an inquest. It`s an investigation. There are 40 witnesses on the list right now. It could be less than that, but they`re also saying that it could be more than that, because it`s an investigation. As they go along, as they start questioning people, they could determine, "Well, hey, we want to talk to this person. Bring this other person in." So, you know, hopefully it will get under way hopefully sometime next week, Nancy.
GRACE: Out to you, John O`Quinn. This is Virgie Arthur`s attorney. As you know, Virgie Arthur is Anna Nicole`s mother. Do you think that Virgie is stepping back? Do you think she is, as some reports suggest, going to give up the custody battle? And will she stay for the inquest?
JOHN O`QUINN, ATTORNEY FOR VIRGIE ARTHUR: First, let`s talk about the custody issue. We`ve been in touch with Mr. Birkhead, who seems to be a man of good faith, and Virgie`s certainly a woman of good faith, and they`re going to meet and work out what`s going to happen.
And there`s not going to be a fight. I don`t see a fight in this thing. I think it`s going to be worked out between those two human beings. They both love that baby. They want the best for that baby; they both do. And I think that`s what`s going to happen. They`re going to get together...
GRACE: So you think they`re going to work it out without a custody battle?
O`Quinn: I think so.
GRACE: So that may be what goes down on Friday, that there`s an agreement amongst the parties.
But to you, Jean Casarez, will the judge just go along with the parties just because they agree it or will they want a full hearing?
CASAREZ: I think this is a court of equity. I think he`ll want the parties to agree. What I`m wondering about is, this is a civil fraud action. The paternity case was borne out of that. And there needs to be a determination if there was fraud, if Howard K. Stern as a defendant knowingly wanted to defraud Larry Birkhead by putting his name on the birth certificate. Is the judge going to decide that?
GRACE: To you, David Caplan. Has anyone even addressed the fraud issues on the birth certificate? Will that have anything to do with the upcoming issues?
CAPLAN: No, it hasn`t been addressed yet, but I`m sure, you know, by Friday or including Friday, we`re going to hear, because we need to have the right dad on that birth certificate.
GRACE: David, has anyone been able to confirm that Birkhead has made it over to Horizons, Stern`s home, tonight, so there can be a reunion of sorts with the baby?
CAPLAN: Not yet. I know, as of 6:00 p.m. Eastern, he was going to be calling actually Howard within the hour. So hopefully by now he`s making his way there or he`s there already.
GRACE: I want to go back to Dr. Michael Baird, the forensic scientist who conducted the DNA test, was there when the swab was taken on the baby. Did you ever have any idea that your answer, your analysis, your decision can make so many people so happy and so many people so miserable?
BAIRD: Well, look, I do paternity testing routinely, and it does that to the cases that we do. I mean, some people are happy, and some people are not. But it really is a decision that needs to be made correctly so that people can get on with their lives and make the right associations.
GRACE: Out to the lines, Carol in Florida.
CALLER: Hi, Nancy.
GRACE: Hi, dear. What`s your question?
CALLER: In regards to the fraud issue that was just brought up, if Larry Birkhead can prove that Howard Stern, you know, was fraudulent in paternity, can he have any avenues to recoup some of the large legal fees that he`s run up to now fight the paternity?
GRACE: Woo-hoo! Carol, tell it, large legal fees. Opri charged him over $600,000. Jean Casarez, didn`t Birkhead go into this thing thinking it was all pro bono?
CASAREZ: Well, you know...
GRACE: Free?
CASAREZ: Carol is so smart, because what Carol, your caller, is saying is exactly the whole point of the civil fraud case. Damages would be awarded by Howard K. Stern to Larry Birkhead because of the fraud that he perpetuated. You`re right, Carol.
GRACE: So Stern paying out the money if fraud is shown, but I think it`s going to be tough to show that Howard Stern really did not believe he could be the father.
Out to you, Cindy in Illinois. Cindy, hi, what`s your question, dear?
CALLER: I would like to know, why did Anna try so hard and work so hard to get away from Larry and flee to the Bahamas?
GRACE: What about it, David Caplan?
CAPLAN: They had a very tumultuous relationship, to be honest. They were very, you know, distinct characters. And I know "Star" and I covered this relationship from the get-go, and they just were really one of those couples that were at each other`s throats. One day they`d be fighting, the next day sort of, you know, in love and have to be together, the next day fighting. It was one of those people.
GRACE: So this could be the continuation of one of those fights that were never resolved. We just gotten word from the Bahamas, Birkhead, en route right now to be reunited with his baby girl, again, Father`s Day early.
(NEWSBREAK)
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BIRKHEAD: I hate to be the one that told you this, but I told you so.
(END VIDEO CLIP)
GRACE: That`s right, Birkhead, the photographer from California, named the DNA-proven father of Dannielynn Smith, set to inherit about $500 million, the sole descendent of cover girl Anna Nicole.
To Mark Hillman, Dr. Hillman, psychotherapist and author, after all this time, Mark, what does this mean psychologically for Birkhead?
MARK HILLMAN, CLINICAL PSYCHOTHERAPIST: Well, certainly, he had his day in court, and he won, I believe, from the judge, he will decide that Larry`s going to get custody of the baby. Family values, Virgie will have frequent visitation, and Howard will become Uncle Howard. All three will benefit, but, most importantly, the child, in terms of having an extended family, will benefit the most.
GRACE: And, Mark, quickly, how make the transition best?
HILLMAN: It`s going to be a lot of tactile touching. It`s going to be voice recognition, eye recognition. And it`s going to be -- happen, again, over a period of time, that the baby feels comfortable, and, obviously, Larry feels comfortable taking care of his child.
GRACE: And, Alan Ripka, very quickly, does this have any effect on the claim on Anna Nicole`s estate?
RIPKA: I don`t believe so. I think that, at the end of the day, the baby`s entitled to the money, and that`s where it will remain.
GRACE: Veteran trial lawyers Alan Ripka, Susan Moss and Doug Burns with us.
Tonight, we stop to remember Army Staff Sergeant David Mejias, just 26, San Juan, Puerto Rico, killed Iraq. He also served Yugoslavia, awarded the Purple Heart and National Defense Service Medal. Huge sports fan. He followed the Super Bowl, loved the Indy Colts and NASCAR. Favorite race driver: Dale Earnhardt and Dale Earnhardt, Jr. Leaves behind widow, Jennifer, and newborn daughter, (INAUDIBLE).
Thank you to our guests and to you. Until tomorrow night, good night, friend.
END
