Howard K. Stern
Encyclopedia
Howard Kevin Stern is an American
attorney
, and a former domestic partner
of the late Anna Nicole Smith
. On September 28, 2006. Stern and Smith exchanged vows in a legally nonbinding ceremony in Nassau, Bahamas. The ceremony was officiated by a Baptist minister.
. He graduated with a B.A.
degree from the University of California, Berkeley
in 1990 and received his Juris Doctor
degree from the University of California, Los Angeles
. He was admitted to the State Bar of California
on February 25, 1994.
's modeling contracts in the mid 1990s. When she fought for the fortune of her late husband J. Howard Marshall
, Stern presented her direct examination at the trial. Stern's law firm was dissolved around the time he became a co-star on 'The Anna Nicole Show
' (2002 - 2004). Stern maintained an apartment in Santa Monica, California
, from which he operated a business called Hot Smoochie Lips, Inc. a talent agency that only had one client, Anna Nicole Smith.
, died in Nassau, Bahamas
, while visiting his mother and newborn half-sister. Bahamian Police and the Inquest declared Daniel's death as an accidental overdose on antidepressants and painkillers. No foul play was involved.
that named Stern as executor
.
in Florida's Broward County Circuit Court over the disposition of Smith's remains. The proceedings were televised live, and broadcast on the internet. Denying motions by Smith's mother, Virgie Arthur, and Stern, Seidlin awarded custody of Smith's body to her infant daughter, Dannielynn Hope Marshall Stern, via attorney Richard Milstein, whom Seidlin appointed the baby's guardian ad litem
. Smith was buried next to Daniel in the Bahamas.
on CNN
that he was Dannielynn's father; celebrity photographer Larry Birkhead
also claimed that he was Dannielynn's father. The Bahamian birth certificate
lists the daughter's name as Dannielynn Hope Marshall Stern with Howard Stern as the father. Stern and Smith were reportedly staying in the Bahamas to avoid paternity testing in the United States.
On February 9, 2007, following the death of Anna Nicole Smith, it was revealed that Stern had custody of Smith's child, Dannielynn. Frédéric Prinz von Anhalt
, the current husband of actress Zsa Zsa Gabor
, also claimed to be the father of the baby girl and threatened to file a lawsuit for custody.
On April 10, 2007, a Bahamian court determined from DNA evidence presented by court-appointed DNA expert Dr. Michael L. Baird
that Larry Birkhead is the father of Dannielynn. Stern announced that he would not contest the ruling and would help Birkhead obtain sole custody. The court ordered Stern to repay $10,000 in court costs for the abandoned appeal.
The trial began August 4, 2010 in Los Angeles. Stern, Kapoor and Eroshevich pleaded not guilty. Prosecutor Renee Rose read from Kapoor's journal about alleged improper contact with Smith. Stern's lawyer Steven Sadow said his client claimed to have depended on the knowledge of the doctors.
On October 28, 2010, Stern and Dr. Eroshevich were found guilty, but Kapoor was acquitted. All but one of these convictions, however, were set aside three months later by Judge Robert Perry in a ruling handed down on January 6, 2011 in Los Angeles. The judge indicated there had been no evidence brought forth to show that Stern intended to break the law by using assumed names to acquire multiple drug prescriptions for Ms. Smith. The single conviction which remained standing, a felony charge of fraud against Dr. Eroshevich, was reduced to a misdemeanor; Perry then ordered the doctor to serve twelve months's probation, and fined her $100.
libel suit; the Defamation suit against Texas lawyer John O'Quinn
and defended Howard K. Stern in two defamation cases brought by Smith
's estranged mother Virgie Arthur. Lin Wood also represented Howard K. Stern as the Executor of Smith's Estate in federal action against Ben Thompson, Ford Stancil Shelley, Susan M. Brown, Esq. for misappropriation and theft of estate property.
Journalist Rita Cosby
alleged in the book Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death, released on September 4, 2007, that Smith's nannies revealed a sex tape existed of Howard K. Stern and former rival Larry Birkhead
engaged in a homosexual relationship. However, a lawyer for the nannies threatened to file suit, claiming that the nannies never spoke about such an encounter between Stern and Birkhead. After Stern filed a $60 million libel suit against Cosby and her publisher in October 2007, a spokesperson for the nannies claimed that Cosby offered bribes in an unsuccessful attempt to contact the nannies.
In July 2009, in a court hearing on whether to dismiss the lawsuit, Stern's attorney claimed that in deposition of the suits Cosby admitted there was no videotape and could not prove other allegations.Cosby replied to the Stern lawsuit by saying "…we are solid on our facts more than ever…we are sure of what we have. I think it's pretty surprising that these guys would launch some frivolous lawsuit to deflect and to smear and to intimidate and it's not going to work." The book was a New York Times bestseller.
In August 2009 federal judge Denny Chin
ruled that "Cosby's actions are extremely troubling, and suggest that she was attempting to obstruct justice by tampering with witnesses" and allowed most of Stern's US$
60 million lawsuit against Cosby and her publisher, Hachette, to proceed. Three months later the lawsuit was withdrawn as settled but no information has been released on the terms of this out-of-court settlement.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
attorney
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
, and a former domestic partner
Domestic partnership
A domestic partnership is a legal or personal relationship between two individuals who live together and share a common domestic life but are neither joined by marriage nor a civil union...
of the late Anna Nicole Smith
Anna Nicole Smith
In 1992 Smith was chosen by Hugh Hefner to appear on the cover of the March issue of Playboy, where she was listed as Vickie Smith, wearing a low-cut evening gown. The centerfold was photographed by Stephen Wayda. Smith said she planned to be "the next Marilyn Monroe". Becoming one of Playboys...
. On September 28, 2006. Stern and Smith exchanged vows in a legally nonbinding ceremony in Nassau, Bahamas. The ceremony was officiated by a Baptist minister.
Early life and legal background
Stern was born to a Jewish family and raised in Los Angeles, CaliforniaLos Angeles, California
Los Angeles , with a population at the 2010 United States Census of 3,792,621, is the most populous city in California, USA and the second most populous in the United States, after New York City. It has an area of , and is located in Southern California...
. He graduated with a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree from the University of California, Berkeley
University of California, Berkeley
The University of California, Berkeley , is a teaching and research university established in 1868 and located in Berkeley, California, USA...
in 1990 and received his Juris Doctor
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
degree from the University of California, Los Angeles
UCLA School of Law
The UCLA School of Law is the law school of the University of California, Los Angeles. It has been approved by the American Bar Association since 1950. It joined the Association of American Law Schools in 1952.- History :...
. He was admitted to the State Bar of California
State Bar of California
The State Bar of California is California's official bar association. It is responsible for managing the admission of lawyers to the practice of law, investigating complaints of professional misconduct, and prescribing appropriate discipline...
on February 25, 1994.
Relationship with Anna Nicole Smith
Stern's law firm first handled Anna Nicole SmithAnna Nicole Smith
In 1992 Smith was chosen by Hugh Hefner to appear on the cover of the March issue of Playboy, where she was listed as Vickie Smith, wearing a low-cut evening gown. The centerfold was photographed by Stephen Wayda. Smith said she planned to be "the next Marilyn Monroe". Becoming one of Playboys...
's modeling contracts in the mid 1990s. When she fought for the fortune of her late husband J. Howard Marshall
J. Howard Marshall
James Howard Marshall II was an American business magnate, university professor, attorney, and federal government official...
, Stern presented her direct examination at the trial. Stern's law firm was dissolved around the time he became a co-star on 'The Anna Nicole Show
The Anna Nicole Show
The Anna Nicole Show is an American reality sitcom starring former model and Playboy Playmate Anna Nicole Smith. The series debuted on August 4, 2002 on the E! entertainment television network and ran for two seasons.-Synopsis:...
' (2002 - 2004). Stern maintained an apartment in Santa Monica, California
Santa Monica, California
Santa Monica is a beachfront city in western Los Angeles County, California, US. Situated on Santa Monica Bay, it is surrounded on three sides by the city of Los Angeles — Pacific Palisades on the northwest, Brentwood on the north, West Los Angeles on the northeast, Mar Vista on the east, and...
, from which he operated a business called Hot Smoochie Lips, Inc. a talent agency that only had one client, Anna Nicole Smith.
Death of Daniel Smith
On September 10, 2006, Stern was with Smith when her son, Daniel Wayne SmithDaniel Wayne Smith
Daniel Wayne Smith was the son of the model and actress Anna Nicole and Billy Smith. He infrequently appeared in his mother's E! Network reality TV show, The Anna Nicole Show...
, died in Nassau, Bahamas
Nassau, Bahamas
Nassau is the capital, largest city, and commercial centre of the Commonwealth of the Bahamas. The city has a population of 248,948 , 70 percent of the entire population of The Bahamas...
, while visiting his mother and newborn half-sister. Bahamian Police and the Inquest declared Daniel's death as an accidental overdose on antidepressants and painkillers. No foul play was involved.
Death of Anna Nicole Smith
Smith died on February 8, 2007, less than five months after Daniel. According to the Florida court overseeing her estate, Smith left everything to Daniel in a 16-page willWill (law)
A will or testament is a legal declaration by which a person, the testator, names one or more persons to manage his/her estate and provides for the transfer of his/her property at death...
that named Stern as executor
Executor
An executor, in the broadest sense, is one who carries something out .-Overview:...
.
Custody of Smith's remains
On February 21, 2007, hearings commenced before the Hon. Larry SeidlinLarry Seidlin
Larry Seidlin was a State Court judge for the Circuit Court of the Seventeenth Judicial Circuit of the State of Florida in and for Broward County. He was the presiding judge during the infamous Anna Nicole Smith body custody hearing after her death...
in Florida's Broward County Circuit Court over the disposition of Smith's remains. The proceedings were televised live, and broadcast on the internet. Denying motions by Smith's mother, Virgie Arthur, and Stern, Seidlin awarded custody of Smith's body to her infant daughter, Dannielynn Hope Marshall Stern, via attorney Richard Milstein, whom Seidlin appointed the baby's guardian ad litem
Ad litem
Ad litem is a term used in law to refer to a party appointed by a court to act in a lawsuit on behalf of another party—for instance, a child or an incapacitated adult—who is deemed incapable of representing him or herself...
. Smith was buried next to Daniel in the Bahamas.
Paternity dispute
On September 26, 2006, Stern claimed in an interview from with Larry KingLarry King
Lawrence Harvey "Larry" King is an American television and radio host whose work has been recognized with awards including two Peabodys and ten Cable ACE Awards....
on CNN
CNN
Cable News Network is a U.S. cable news channel founded in 1980 by Ted Turner. Upon its launch, CNN was the first channel to provide 24-hour television news coverage, and the first all-news television channel in the United States...
that he was Dannielynn's father; celebrity photographer Larry Birkhead
Larry Birkhead
Larry E. Birkhead was a partner of Anna Nicole Smith and is the father of her daughter, Dannielynn. He was in a child custody battle for his daughter until DNA results proved his paternity.-Personal life:...
also claimed that he was Dannielynn's father. The Bahamian birth certificate
Birth certificate
A birth certificate is a vital record that documents the birth of a child. The term "birth certificate" can refer to either the original document certifying the circumstances of the birth or to a certified copy of or representation of the ensuing registration of that birth...
lists the daughter's name as Dannielynn Hope Marshall Stern with Howard Stern as the father. Stern and Smith were reportedly staying in the Bahamas to avoid paternity testing in the United States.
On February 9, 2007, following the death of Anna Nicole Smith, it was revealed that Stern had custody of Smith's child, Dannielynn. Frédéric Prinz von Anhalt
Frédéric Prinz von Anhalt
Frédéric Prinz von Anhalt is a German-born socialite best known as Zsa Zsa Gabor's husband from her latest and longest-lasting marriage...
, the current husband of actress Zsa Zsa Gabor
Zsa Zsa Gabor
Zsa Zsa Gabor is a Hungarian-born American stage, film and television actress.She acted on stage in Vienna, Austria, in 1932, and was crowned Miss Hungary in 1936. She emigrated to the United States in 1941 and became a sought-after actress with "European flair and style", with a personality that...
, also claimed to be the father of the baby girl and threatened to file a lawsuit for custody.
On April 10, 2007, a Bahamian court determined from DNA evidence presented by court-appointed DNA expert Dr. Michael L. Baird
Michael L. Baird
Michael L. Baird is the Laboratory Director at DNA Diagnostics Center in Fairfield, Ohio. , Baird was appointed the DNA expert in the highly publicized paternity case of Dannielynn Hope Marshall Stern. On April 10, 2007, Baird announced the results of the paternity test, naming Larry Birkhead as...
that Larry Birkhead is the father of Dannielynn. Stern announced that he would not contest the ruling and would help Birkhead obtain sole custody. The court ordered Stern to repay $10,000 in court costs for the abandoned appeal.
Prosecution for conspiracy
On March 13, 2009, the California Attorney General and Los Angeles County District Attorney announced that they would be charging Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich of conspiring to "commit the crimes of prescribing, administering and dispensing controlled substances to an addict" and "unlawfully prescribing a controlled substance" in regards to the death of Anna Nicole Smith. Stern, described as the "principal enabler", faces six felony counts.The trial began August 4, 2010 in Los Angeles. Stern, Kapoor and Eroshevich pleaded not guilty. Prosecutor Renee Rose read from Kapoor's journal about alleged improper contact with Smith. Stern's lawyer Steven Sadow said his client claimed to have depended on the knowledge of the doctors.
On October 28, 2010, Stern and Dr. Eroshevich were found guilty, but Kapoor was acquitted. All but one of these convictions, however, were set aside three months later by Judge Robert Perry in a ruling handed down on January 6, 2011 in Los Angeles. The judge indicated there had been no evidence brought forth to show that Stern intended to break the law by using assumed names to acquire multiple drug prescriptions for Ms. Smith. The single conviction which remained standing, a felony charge of fraud against Dr. Eroshevich, was reduced to a misdemeanor; Perry then ordered the doctor to serve twelve months's probation, and fined her $100.
Libel and Defamation Lawsuits
L. Lin Wood was the lead attorney for Howard K. Stern in the Rita CosbyRita Cosby
Rita Cosby is a television news anchor and correspondent, radio host, and best selling author. She is currently a Special Correspondent for the CBS syndicated program Inside Edition, specializing in interviewing newsmakers and political figures...
libel suit; the Defamation suit against Texas lawyer John O'Quinn
John O'Quinn
John Maurice O'Quinn was a Texas trial lawyer and founding partner of The O'Quinn Law Firm . His firm made its business handling plaintiff's litigation, including representing clients suing breast implant manufacturers, medical facilities, and tobacco companies...
and defended Howard K. Stern in two defamation cases brought by Smith
Smith
Smith may refer to:* Smith antigen* Smith Chart, a diagram used in engineering* Smith grind, a skateboarding trick* Smith machine, a piece of weight training equipment-Persons:* Smith ** List of people with surname Smith...
's estranged mother Virgie Arthur. Lin Wood also represented Howard K. Stern as the Executor of Smith's Estate in federal action against Ben Thompson, Ford Stancil Shelley, Susan M. Brown, Esq. for misappropriation and theft of estate property.
Journalist Rita Cosby
Rita Cosby
Rita Cosby is a television news anchor and correspondent, radio host, and best selling author. She is currently a Special Correspondent for the CBS syndicated program Inside Edition, specializing in interviewing newsmakers and political figures...
alleged in the book Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death, released on September 4, 2007, that Smith's nannies revealed a sex tape existed of Howard K. Stern and former rival Larry Birkhead
Larry Birkhead
Larry E. Birkhead was a partner of Anna Nicole Smith and is the father of her daughter, Dannielynn. He was in a child custody battle for his daughter until DNA results proved his paternity.-Personal life:...
engaged in a homosexual relationship. However, a lawyer for the nannies threatened to file suit, claiming that the nannies never spoke about such an encounter between Stern and Birkhead. After Stern filed a $60 million libel suit against Cosby and her publisher in October 2007, a spokesperson for the nannies claimed that Cosby offered bribes in an unsuccessful attempt to contact the nannies.
In July 2009, in a court hearing on whether to dismiss the lawsuit, Stern's attorney claimed that in deposition of the suits Cosby admitted there was no videotape and could not prove other allegations.Cosby replied to the Stern lawsuit by saying "…we are solid on our facts more than ever…we are sure of what we have. I think it's pretty surprising that these guys would launch some frivolous lawsuit to deflect and to smear and to intimidate and it's not going to work." The book was a New York Times bestseller.
In August 2009 federal judge Denny Chin
Denny Chin
Denny Chin is a judge on the United States Court of Appeals for the Second Circuit. He was a judge on the United States district court for the Southern District of New York before joining the federal appeals bench. President Clinton nominated Chin to the district court on March 24, 1994, and...
ruled that "Cosby's actions are extremely troubling, and suggest that she was attempting to obstruct justice by tampering with witnesses" and allowed most of Stern's US$
United States dollar
The United States dollar , also referred to as the American dollar, is the official currency of the United States of America. It is divided into 100 smaller units called cents or pennies....
60 million lawsuit against Cosby and her publisher, Hachette, to proceed. Three months later the lawsuit was withdrawn as settled but no information has been released on the terms of this out-of-court settlement.