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Stern: 'Birkhead Has Got His Dates Wrong'

By WENN | Saturday, March 31, 2007

HOLLYWOOD - Anna Nicole Smith's longtime companion and lawyer, Howard K. Stern, has challenged the tragic model's ex-boyfriend over claims he's her daughter's biological father, insisting his dates don't add up.

Filing an appeal in the Bahamas-based DNA battle for paternity of baby Dannielynn, Stern claims his love rival, Larry Birkhead, can't be the father.

In his affidavit, the lawyer reveals Birkhead and Smith's romance ended "well before the preceding 280th day (pregnancy period) from the birth of Dannielynn Howard Marshall Stern."

Stern, who is named as the baby's father on her birth certificate, also insists that, despite claims to the contrary, his late girlfriend never "resided" with Birkhead at his California home.

Stern's appeal will be presented in court on Monday.

Anna Nicole Smith Son Daniel's Case Hits a Bahamas Kangaroo Court?

By Jess Snow
Mar 31, 2007

Anna Nicole Smith was with her son Daniel Wayne Smith when he died suddenly in a hospital in the Bahamas. CNN reports that seemingly out of nowhere, the inquest that was supposed to start in the Bahamas was put on hold. And that happened after a jury was already picked, a jury made up of seven women and no men. CNN correspondent Rusty Dornin told 'Showbiz Tonight' that judge Roger Gomez had high hopes that this was going to go forward, and he empanelled a jury.

Anna Nicole Smith Son Daniel's Case Hits a Bahamas Kangaroo Court?

Dornin: "It was to go forward with seven women; it was luck of a draw. He had a cardboard box that said jury raffle on it and he picked the first seven names that came. He asked them as a group if they were impartial, if they had any connections to Anna Nicole Smith or her son. They said no. They sat down."

But Howard K. Stern's attorney argued there's no way the judge is not allowed to question jurors. That's against their constitution. So now they have turned it over to the Supreme Court for a hearing, so he had to excuse those jurors and tell them that they would be contacted again in a couple of weeks. So it's on hold at least until April 11.

***

Stern wants a questionnaire for the jurors and remember - he has not been charged with anything. Chief Magistrate Gomez had previously rejected the motion for a jury questionnaire, saying there was no provision for one in the Bahamian legal code. He also questioned its value.

"In my opinion, no matter how many questions you put to a potential juror it boils down to the integrity of the individual juror," Gomez said. "I don't see how you are going to find a juror anywhere in the world that has not heard about this case." But the judge rolled over for Stern, in what many now believe is nothing more than a kangaroo court.

***

Now Stern won out and no one is looking into if there was any foul play in the death of Anna's son. Daniel Smith died September 10 as he visited his mother three days after she gave birth in a Nassau hospital to her daughter, Dannielynn.

Authorities say he died from a lethal combination of drugs, including methadone and antidepressants, but an inquest was convened to determine whether the death was accidental, suicide or perhaps even a homicide. But we'll likely never know.

http://www.nationalledger.com/artman/publish/article_272612443.shtml

lying sack of #$@$

dang....he is such a pig! Hopefully, Larry has the OB ready to testify about the sonogram. One thing is for sure....Anna never bumped nasties with Coward. Drugged or not. He can testi-lie all day.....the DNA will sink his boat.

Stern, who is named as the baby's father on her birth certificate, also insists that, despite claims to the contrary, his late girlfriend never "resided" with Birkhead at his California home.

I don't recall Larry ever saying ANS resided at his home. I think he said he resided at her home, but HKS would not allow them too much privacy. Larry rented an apartment, and he and ANS still saw one another.

You know my answer to this...

IT DOES NOT MATTER because the 280 days is only there to put a name on a man as the presumed father when there is not OTHER father or man in the picture.

The presumed father position is in QUESTION period if another man comes forth making claim that the child is his.

The presumed father law is only there if there is not another man in the picture.

The presumed father status is there because of all the baby that are born out of wedlock in the Bahamas.

Single woman is pregnant by Man 1 - she breaks up with Man 1 before she learns she is pregnant. Man 2 comes into the picture before she learns she pregnant with Man 1's child.
Woman goes on and has baby with Man 2 in her life. Man 1 is gone and is no where to be found. Woman and Man 2 break up when the child is 3 years (never married) - Child is now fatherless and is losing the only father chaild has known. Mother wants child support from Man 2 - Man 2 says hey the kid is not mine why should I pay child support. Court says tough "sh*t" you are the presumed father because...

PART III
ESTABLISHMENT OF PATERNITY

7. (1) Unless the contrary is proven on a balance of probabilities, there is a presumption that a male person is, and shall be recognised in law to be, the father of a child in any one of the following circumstances-
Presumptions of paternity. (PART A through J are FOR MAN #2)

(a)the person was married to the mother of the child at the time of its birth;
(b)the person was married to the mother of the child and that marriage was terminated by death or judgment of nullity within 280 days before the birth of the child, or by divorce where the decree nisi was granted within 280 days before the birth of the child;
(c)the person marries the mother of the child after the birth of the child and acknowledges that he is the natural father;
(d)the person was cohabiting with the mother of the child in a relationship of some permanence at the time of the birth of the child, or the child is born within 280 days after they ceased to cohabit;
(e)the person has been adjudged or recognised in his lifetime by a court of competent jurisdiction to be the father of the child;
(f)the person has, by affidavit sworn before a justice of the peace or a notary public or by other document duly attested and sealed, together with a declaration by the mother of the child contained in the same instrument confirming that the person is the father of the child, admitted paternity, but such affidavit or other document shall be of no effect unless it has been recorded with the Registrar General;
(g)the person has acknowledged in proceedings for registration of the child, in accordance with the law relating to the registration of births, that he is the father of the child;
(h)the mother of the child and a person acknowledging that he is the father of the child have signed and executed a deed to this effect in the presence of a counsel and attorney, but such a deEd shall be of no effect unless it is notarised and recorded with the Registrar General prior to the death of the person acknowledging himself to be the father;
(i)a person who is alleged to be the father of the child has given written consent to that child adopting his name in accordance with the law relating to the change of name; or
(j)a person who is alleged to be the father of the child has by his conduct implicitly and consistently acknowledged that he is the father of the child.

(2) Where circumstances exist that give rise to presumptions of paternity in respect of more than one father, no presumption shall be made as to paternity. (PART 2 - FOR MAN #1)

CONT from above...

and you will pay child support for the child. Man 1 could come in and claim the child if he wanted to. This would get Man 2 off the hook of child support. But in the Bahamas many #1 Men never come forth.

Stern is Man 2 - Larry Man 1

STERN IS REACHING AND HIS APPEAL WILL BE DENIED. STERN AGREED TO THE BUCCAL SWABBING IN FLORIDA AND HE ALSO GIVE HIS CONSENT ON THE DDC'S (who did the test) STANDARD FORM THEY USE FOR ALL DNA TESTS THAT ARE GOING TO BE USED IN A COURT OF LAW.

Filing an appeal in the Bahamas-based DNA battle for paternity of baby Dannielynn, Stern claims his love rival, Larry Birkhead, can't be the father.

Stern has no business filing this appeal when all he has to do is take a DNA test, and he can PROVE if he's the father!