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For the American radio and TV personality, see Howard Stern.
Howard Kevin Stern – often referred to as Howard K. Stern, to avoid confusion with radio personality Howard Stern – is the former attorney and partner of Anna Nicole Smith. He was charged with conspiracy in the delivery of controlled substances which led to her death.[1][2]
[edit] Early life and legal backgroundStern was born to a Jewish[3] family and raised in Los Angeles, California. He graduated with a B.A. degree from the University of California, Berkeley in 1990[4] 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.[5] [edit] Relationship with Anna Nicole SmithStern's law firm first handled Anna Nicole Smith'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.[6] Stern maintains an apartment in Santa Monica, California, from which he operated a business called "Hot Smoochie Lips, Inc."[7] which is a talent agency that only had one client, Anna Nicole Smith.[8] [edit] The Anna Nicole ShowFrom 2002 - 2004, Stern portrayed himself in The Anna Nicole Show, a reality based series. He had a major role in the series, and was seen either looking out for Smith's best interests or joining in on the sometimes bizarre events that took place on the show. [edit] Death of Daniel Wayne SmithOn September 10, 2006, Stern was with Smith when her son, Daniel Wayne Smith, died in Nassau, Bahamas, while visiting his mother and newborn sister. He denied allegations by Smith's mother that he was involved in Daniel's death.[9] [edit] Commitment ceremonyOn September 28, 2006, Stern and Smith exchanged vows in an informal wedding ceremony on a boat near Nassau, although it was not a legally binding marriage. Photographs of this ceremony were sold through Getty Images to People Magazine for around $1 million.[10] [edit] Death of Anna Nicole SmithAnna Nicole Smith died on February 8, 2007, less than five months after her son's death. According to the Florida court overseeing her estate, Smith left everything to her late son Daniel in a 16-page will that named Stern as the executor of her estate.[11] [edit] Legal proceedings[edit] Custody of Smith's remainsOn February 21, 2007, hearings commenced before the Hon. Larry Seidlin in Florida's Broward County Circuit Court over the remains of Anna Nicole Smith. The proceedings were televised and were broadcast on the internet. On February 22, 2007, Judge Larry Seidlin denied motions by Smith's mother, Virgie Arthur, and Stern, instead awarding custody of Smith's body to her infant daughter, Dannielynn Hope Marshall Stern. The judge's order stated that attorney Richard Milstein, the minor child's guardian ad litem, would make all final decisions regarding the interment of the body and funeral services. Seidlin determined that Smith should be buried next to her son Daniel in the Bahamas and directed Milstein to consult with Arthur, Stern and Birkhead regarding funeral arrangements. He also urged the parties to agree to paternity testing so that Danielynn's biological father could be conclusively established. Seidlin announced that he would be handing off that aspect of the case to another judge.[12] [edit] Paternity disputeMain article: Dannielynn Birkhead paternity case On September 26, 2006, Stern claimed in an interview from the Bahamas with Larry King on CNN that he was the father of Smith's newborn baby girl, contrary to identical claims by celebrity photographer Larry Birkhead.[13] The Bahamian birth certificate lists the daughter's name as Dannielynn Hope Marshall Stern with Howard Stern as the father.[14] Stern and Smith were reportedly staying in the Bahamas to avoid paternity testing in the United States.[15] On February 9, 2007, following the death of Anna Nicole Smith, it was revealed that Stern had custody of Smith's child, Dannielynn.[16] 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.[17] Alexander Denk, an actor and a former bodyguard for Anna Nicole Smith, told the tabloid television program Extra that he had an affair with his former employer.[18] On April 10, 2007, a Bahamian court determined from DNA evidence presented by court-appointed DNA expert Dr. Michael Baird that Larry Birkhead is the father of Dannielynn.[19] Howard K. 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.[20] [edit] Prosecution for conspiracyOn March 13, 2009, California attorney general and Los Angeles County district attorney offices announced they were charging Howard Stern and doctors Sandeep Kapoor and 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.[1] Stern, described as the "principal enabler," faces six felony counts and up to five years, eight months in prison. California Attorney General Jerry Brown suggested the motive was “a certain psychic gain here, part of the glitz and the celebrity and the power. There's a lot of money floating around." Saying prosecutors had revealed only the evidence that was ready for prosecution, Brown declined to comment on any investigation into Daniel Smith's death or other possible prosecutions.[2] [edit] Libel lawsuitRita 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.[21] However, a lawyer for the nannies threatened to file suit, claiming that the nannies never spoke about such an encounter between Stern and Birkhead.[22] After Stern filed a $60 million libel suit against Cosby and her publisher in October 2007,[23] a spokesperson for the nannies claimed that Cosby offered bribes in an unsuccessful attempt to contact the nannies.[24] 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's lawyer argued that Stern’s actions should be dismissed given his California prosecution for illegally supplying Smith with prescription drugs.[25] [edit] References
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