NASSAU, Bahamas (April 2, 2007) — The lawyer-turned-partner of Anna Nicole Smith dropped his bid Monday to halt the use of DNA to prove the paternity of the former Playboy playmate’s infant daughter when it appeared a Bahamas court was going to reject his appeal.
An attorney for Howard K. Stern withdrew the challenge in the face of skeptical questioning by a three-judge panel of the Court of Appeal.
All three judges said Stern filed his challenge too late and should have raised his objections before the Supreme Court ordered DNA testing in the paternity challenge filed by Larry Birkhead, a former boyfriend of Smith’s who claims to be the father of the infant, Dannielynn.
Justice Emmanuel E. Osadebay noted that Stern himself had agreed to DNA testing — and even suggested an expert to do the analysis — but waited until a week after the sample was taken to file the a challenge to the court’s decision.
“His problem is that the person he wanted to do the testing was not the one selected by the court,” Osadebay said.
In withdrawing the appeal, Stern agreed to pay $10,000 in legal costs incurred by Birkhead and the Bahamian government department in charge of birth certificates.
Stern is listed on the birth certificate as the father of Dannielynn, who was born in the Bahamas in September. The child’s DNA was tested on March 21 but the results have not been revealed.
On Tuesday, the Supreme Court is scheduled to hold a hearing in the paternity case but the lawyers and officials are prohibited by Bahamian legal rules from discussing the case, even to reveal the nature of the hearing.
Access Hollywood.com spoke to larry Birkhead this morning. He was clearly excited about the decision but refrained from making a statement due to the gag order in the case.
Birkhead expressed his enthusiasm about his impending return to the Bahamas saying, “I look forward to being united with Danielynn!”
The baby, whose full name is Dannielynn Hope Marshall Stern, could inherit millions from the estate of Smith’s late husband, J. Howard Marshall II. Smith had been fighting the Texas oil tycoon’s family over his estimated US$500 million fortune since his death in 1995.
Anna Nicole Smith collapsed and died Feb. 8 in Florida from an accidental overdose.
In other Anna Nicole related news, Larry Birkhead has chosen to not respond to recent reports that he is facing a $600K bill from his former attorney Debra Opri. In a posting on his website, LarryBirkhead.net, the photographer writes he is keeping mum on the stories.
“I have absolutely no comment nor have I made any comment on any situation pertaining to any attorney?s bill,? he wrote.
Opri too has issued a statement on the invoices.
“One can only imagine from whom and for what purposes these stories were started. I cannot comment on unauthenticated documents which were disseminated to the media under suspicious circumstances, and which are covered by the attorney-client privilege,? she said in the statement. ?I can assure you, however, that all of the fees and expenses incurred on behalf of Mr. Birkhead were reasonable, necessary, and appropriate, given the complexity and magnitude of this very high profile case that was litigated in two different states and a foreign country. Out of respect for Mr. Birkhead, I cannot comment further at this time.” Birkhead also tackled reports suggesting he has been trademarking Anna Nicole related sayings such as his good bye to the former model, ?Goodnight my sweet Anna baby.?
?I have never requested a trademark, signed or filled out any paperwork on a trademark relating to Anna Nicole Smith, and the saying “Goodnight My Sweet Anna Baby.” The form was filled out by another individual on my behalf. The form was not reviewed or approved by me,? he posted. ?I will seek to have this trademark withdrawn or cancelled on the grounds it was not approved by me.?
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