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Howard Kevin Stern (born November 29, 1968) is an American attorney based in California. [1] He was the domestic partner, attorney and agent of the late model Anna Nicole Smith. [2] He became known as a co-star on Smith's 2002–2004 reality television series The Anna Nicole Show. He currently works with the Los Angeles Public Defender's Office. [3]

Early life

Stern was born to a Jewish family [4] and raised in Los Angeles. He graduated with a B.A. degree from the University of California, Berkeley, in 1990 [5] and received his Juris Doctor (J.D.) degree from the University of California, Los Angeles. He was admitted to the State Bar of California on February 25, 1994. [1]

Career and personal life

Stern's law firm first handled Anna Nicole Smith's modeling contracts in the mid-1990s. Stern met Anna Nicole Smith in 1998, after the death of her husband J. Howard Marshall. Stern was co-counsel in her litigation regarding the Marshall estate, he presented Smith 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). [6] Stern maintained an apartment in Santa Monica, California, from which he operated a business called Hot Smoochie Lips, Inc., [7] a talent agency that had Anna Nicole Smith as a client.

On September 10, 2006, Stern was with Smith when her son, Daniel Wayne Smith, died in Nassau, Bahamas, while visiting his mother and newborn half-sister Dannielynn. Bahamian Police and the Inquest declared Daniel's death as an accidental overdose on antidepressants and methadone. No foul play was involved. [8] [9] On September 28, 2006, Stern and Smith exchanged wedding vows in a legally nonbinding ceremony in Nassau, Bahamas. The ceremony was officiated by a Baptist minister. [10]

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 will that named Stern as executor of the Estate. [11]

On February 21, 2007, hearings commenced in Florida's Broward County Circuit Court over the disposition of Smith's remains. Denying motions by Smith's mother and Stern, the judge awarded custody of Smith's body to her infant daughter, Dannielynn Hope Marshall Stern via attorney whom the judge also appointed the baby's guardian ad litem. Smith was buried next to Daniel in the Bahamas. [12]

Paternity dispute

In September 2006, Stern claimed in an interview with Larry King on CNN that he was Dannielynn's father; celebrity photographer Larry Birkhead also claimed that he was Dannielynn's father. [13] Anna Nicole named Stern as the father on the Bahamian birth certificate and the daughter's name was listed as Dannielynn Hope Marshall Stern. [14] After the death of Anna Nicole Smith in February 2007, it was revealed that Stern had custody of Smith's child, Dannielynn. [15] Frédéric Prinz von Anhalt, the husband of the actress Zsa Zsa Gabor alleged he could be the father of Smith's daughter and threatened to file a lawsuit for custody. [16] In April 2007, a Bahamian court determined from DNA evidence that Larry Birkhead was the father of Dannielynn. Stern announced that he would not contest the ruling and would help Birkhead obtain sole custody. [17]

Prosecution for conspiracy and judgment of acquittal

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." They were not accused of causing Smith's death in 2007. [18] The trial began August 4, 2010, in Los Angeles. Stern, Dr. Eroshevich, and Dr. Sandeep Kapoor pleaded not guilty. [19] On October 28, 2010, Stern and Dr. Eroshevich were found guilty, but Kapoor was acquitted.

In 2011, judge Robert Perry dismissed Stern's conviction, indicating there was no evidence brought forth to prove Stern had intended to break the law by using assumed names to protect Smith's privacy. The single conviction which remained standing, a felony charge of fraud against Dr. Eroshevich, was reduced to a misdemeanor. [20] [21] [22] In 2015, Perry dismissed the felony conviction against Stern for the second time. In his ruling, Perry exclaimed, "this case reeks of unfairness", adding he believed the prosecutors "seemed to have unfairly targeted Stern because he was a public figure" and noting that the trial had already cost the taxpayers in an excess of $500,000. "Howard Stern simply has been through enough ... I find there is no reason to permit this case to go forward," Los Angeles Superior Court judge Robert J. Perry told reporters. [23]

Libel and defamation lawsuits

Powell Goldstein LLP represented Stern in the libel lawsuits against Rita Cosby; lawyer John O'Quinn who represented Smith's mother Virgie Arthur. The suit, filed in federal court in 2007 in Florida, alleges John O'Quinn, attorney for Virgie Arthur, defamed Stern in statements made on television after Smith's death. The suit also claimed O'Quinn hired private investigators to invade Stern's privacy and collude with Rita Cosby. [24] [25] [26]They also represented Stern in a defamation suit filed by Virgie Arthur. The case was dismissed before the trial in 2010 after TMZ Productions, CBS, Stern and other defendants won summary judgments. [27] [28] Lin Wood represented Stern as executor of Smith's Estate in federal action against developer G. Ben Thompson of South Carolina, his son-in-law Ford Shelley Jr., lawyer Susan M. Brown for misappropriation and theft of estate property. [29]

Journalist Rita Cosby alleged in her book, Blonde Ambition: The Untold Story Behind Anna Nicole Smith's Death, released on September 4, 2007, that Smith's nannies revealed that a sex tape existed of Stern and photographer Larry Birkhead engaging in homosexual relations. However, a lawyer for the nannies threatened to file a suit, claiming that the nannies never spoke about such an encounter between Stern and Birkhead. After that, Stern filed a $60-million libel suit against Cosby and her publisher in October 2007, [30] a spokesperson for the nannies claimed Cosby had offered bribes in an unsuccessful attempt to contact the nannies. [31] The suit says that the book falsely accuses Stern of, among other things: criminal lewd acts, homosexual acts, illegal possession and use of cocaine, conspiring to commit murder and kidnapping for ransom. [32]

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." [33] In Cosby's videotaped deposition given in a libel suit against her filed by Stern, Cosby said her sources for the gay sex tape were private investigators Don Clark and his associate, Wilma Vicedomine. They were hired by attorney John O'Quinn who represented Virgie Arthur. O'Quinn had used the same strategy before in corporate litigations, a death by a thousand cuts, Lin Wood explained. [34]

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 lawsuit against Cosby to proceed, but dropped her publisher, Hachette, as defendant. Hachette, offered Cosby an advance of $405,000 plus royalties. [35]Three months later, the lawsuit was withdrawn as settled, but no information has been released on the terms of this out of court settlement. [36]

References

  1. ^ a b "Howard Kevin Stern - #169888". State Bar of California. Retrieved December 13, 2017.
  2. ^ Ojo-Medubl, Tito (February 8, 2017). "Anna Nicole Smith Died 10 Years Ago Today". Inquisitr. Retrieved December 13, 2017.
  3. ^ "Anna Nicole's Former Lawyer Howard K. Stern Becomes L.A. Public Defender". TheBlast.com June 20, 2019.
  4. ^ "Anna Nicole Smith - Found Comfort In Judaism". Contactmusic.com, April 2, 2008.
  5. ^ UC Berkeley website, berkeley.edu; accessed March 16, 2017.
  6. ^ Who exactly is Howard K. Stern?, People.com, February 9, 2007.
  7. ^ "Beyond Anna Nicole, just who is Howard K. Stern?". Houston Chronicle. Archived from the original on February 21, 2007. Retrieved February 12, 2007.
  8. ^ "Daniel Smith Death Deemed Accidental, No Charges Coming". E!Online.com, March 31, 2008.
  9. ^ "A Combination of Drug Overdose Killed Daniel Smith". BahamasPress.com, April 2, 2008.
  10. ^ "Anna Nicole Smith weds in the Bahamas", hollywood.com; accessed March 16, 2017.
  11. ^ "Anna Nicole Smith's will leaves everything to dead son". CNN. Retrieved February 16, 2007.
  12. ^ "Judge leaves Smith decision with baby guardian". Today.com. Retrieved February 23, 2007.
  13. ^ "Attorney: I'm Anna Nicole's baby's daddy". CNN. Retrieved September 26, 2006.
  14. ^ "Anna Nicole Smith Names Howard K Stern as Dad on Birth Certificate". The National Ledger. Archived from the original on January 7, 2007. Retrieved October 11, 2006.
  15. ^ "Attorney: Stern Has Custody Of Anna's Baby". ShowBuzz (CBS News). February 9, 2007. Retrieved February 9, 2007.
  16. ^ "Zsa Zsa Gabor's husband: I could be Smith baby's father". CNN. Archived from the original on February 11, 2007. Retrieved February 9, 2007.
  17. ^ "DNA Test: Birkhead Is Dannielynn's Father". People. April 10, 2007. Retrieved April 10, 2007.
  18. ^ "Trial set for August in Anna Nicole Smith case". Today. Associated Press. February 5, 2010. Retrieved December 13, 2017.
  19. ^ Linda Deutsch, "Lawyers make opening statements in Anna Nicole Smith trial" Archived 2016-08-08 at the Wayback Machine, Associated Press, MSN.com, August 4, 2010.
  20. ^ Judge dismisses drug conviction against Anna Nicole Smith boyfriend, TheGuardian.com, January 6, 2011.
  21. ^ "Anna Nicole's boyfriend, psychiatrist guilty of conspiracy" Archived 2014-03-23 at the Wayback Machine, today.com, October 29, 2010.
  22. ^ "Anna Nicole's ex wins court victory". Belfast Telegraph; January 6, 2011.
  23. ^ "Felony charges against Anna Nicole Smith's longtime companion dismissed again", eonline.com; accessed March 16, 2017.
  24. ^ Stern sues Virgie Arthur's lawyer". CNN.com. April, 13, 2007.
  25. ^ "Howard K. Stern Goes 'On the Record'", foxnews.com, April 8, 2008.
  26. ^ "Stern v. O'Quinn". Casetext.com, August 29, 2008.
  27. ^ "Court of Appeals of Texas, IN RE Howard K. Stern, FindLaw.com, August 25, 2010.
  28. ^ "Virgie Arthur Defamers? Those she sued fire back: Stern, CBS, KPRC-TV: All ask how can anyone defame Virgie, LOL? Lawsuits removed to federal court", ArtHarris.com, November 7, 2007.
  29. ^ "Stern v. Shelley; Stern v. Susan M. Brown, Esq. et al", casetext.com; accessed March 16, 2017.
  30. ^ "Howard K. Stern sues Rita Cosby for $60M over Birkhead gay sex claim". Fox News. October 3, 2007.
  31. ^ "Representatives for Anna Nicole's nannies respond to Rita Cosby's claims". Foxnews.com, October 16, 2007.
  32. ^ "Anna Nicole's lawyer back in court".TheAge.com, October 3, 2007.
  33. ^ "Rita Cosby Fires Back at Lawsuit, Compares Anna Nicole to Britney Spears". Extra. Telepictures Productions Inc. October 4, 2007. Retrieved December 13, 2017.
  34. ^ "Stern v Cosby" Summary judgment. Casetext, United States District Court, S.D. New York, August 12, 2009.
  35. ^ "New York lawsuit v. Anna Nicole book's author OK'ed. ABC13.com, August 13, 2009.
  36. ^ "Howard K. Stern settles defamation case", newshub.co.nz; accessed March 16, 2017.

External links