Larry Birkhead Reacts to Daniel Smith Inquest

This is a rush transcript from "On the Record ," March 31, 2008. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, HOST: Joining us live in Kentucky is Larry Birkhead, the father of Anna Nicole's daughter, Dannielynn. Welcome, Larry.

LARRY BIRKHEAD, FATHER OF DANNIELYNN SMITH: Hi, Greta.

• Video: Watch Greta's interview

VAN SUSTEREN: How is your baby doing?

BIRKHEAD: She is doing great, thanks for asking.

VAN SUSTEREN: How old is she now?

BIRKHEAD: She just is about 17 months old in a few days.

VAN SUSTEREN: So she is standing and walking a little bit and a couple words?

BIRKHEAD: Walking, and keeping me busy chasing after her, and words, and putting words together, and singing songs, and things that really surprise me for her age.

VAN SUSTEREN: Let me turn to the Bahamas. I take it you weren't in the Bahamas this morning for the decision, were you?

BIRKHEAD: I was not in the Bahamas this morning. However, I did give testimony in the inquest.

VAN SUSTEREN: How did you hear about today's decision? Who called you?

BIRKHEAD: Actually, I heard—some family members called me and told me, and also some Internet reports, media reports.

VAN SUSTEREN: When were you a witness? Which part of the rearing, the beginning or towards the end?

BIRKHEAD: Towards the end. I was one of the last people to testify about, basically, the different aspects in Daniel's life, the relationship.

I think what my testimony provided to the jurors was a little bit of background on what Daniel was doing before he went to the Bahamas and kind of his home life, and some of the things that were missing that probably allowed them to make a more informed decision of what was going on in his life.

VAN SUSTEREN: She really loved that young man, didn't she, her son? She was close to him.

BIRKHEAD: Very close to him.

And even though this has put some type of resolution to this whole saga, there is nothing comforting about the decision made by the jury in the Bahamas. It doesn't bring either one of them back, and it's just a tragic story.

People have said we heard that it was an accidental overdose and congratulating certain people, and I don't there is any need to congratulate people. I just think there is need for some closure there.

VAN SUSTEREN: I suppose in one way, though, it does end at least one part of the traveling litigation that is going on. But, I guess, there is still—Virgie and Nicole's mother is, apparently, unhappy with this. Do you know anything about that?

BIRKHEAD: When I testified in the inquest, I think it was a couple weeks ago, I was a little shocked by—when I was giving my testimony, I looked down, and Virgie was sitting straight ahead of me, and she had her arms folded like she is still the town sheriff, and looking at me and shaking her head and saying no, and mouthing things that I was saying and things that I witnessed and things that I knew about because I was a part of Daniel's life.

And, unfortunately, for whatever the reason was, she was not in the last years of his life, and she really had no reason to.

And I think that's some of the things that I witnessed. There are certain people that went there to find facts. There are certain people that went there to give testimony, truthful testimony, and here were certain people, I think, that were looking for certain outcomes for some strange reason.

Although, again, there is nothing that would have come out of the inquest, any reason would have been any reason to celebrate. But, hopefully, it will put an end to some speculation and some innuendo and some things that are running rampant in the media with different individuals, too—attorneys and whoever.

VAN SUSTEREN: I take it you haven't patched up things with Virgie then at this point?

BIRKHEAD: A lot of people don't know that there is an open custody battle in the Bahamas where she is still fighting me for custody of my daughter. That has been ongoing.

So there really is not a lot of family time that we spend together. There has been no friendly talks, I'll put it, for whatever reason.

I have heard her go on different shows and say I just want to be a grandmother, but some of the behavior that she has displayed and the fact that I'm spending tons of money with attorneys to keep fight and keep custody of my daughter for whatever reason speaks volumes, I think.

VAN SUSTEREN: She ought to give that one in the Bahamas a rest and move on.

Have you talked to Howard K. Stern after the resolution, after the inquest decision, and what did he say about it if you talked to him?

BIRKHEAD: I spoke to him briefly, and I think he just filled me in. You don't really know what people will know when you're down in the Bahamas, but I did speak to him briefly.

I don't want to speak for him, but I think for everybody involved, whether you're a witness or an interested party, or whatever, I think it puts some closure to things.

And some people might feel relief if they were questioned or looked at as a suspect, and some people might be mad if they were looking for a certain outcome. And if you went there to be neutral and tell the truth, you're probably the most satisfied person involved.

VAN SUSTEREN: What was Daniel like?

BIRKHEAD: Daniel was a great kid. Even though the news is coming out that he experimented with medications and certain things, he was just a great kid—quiet. Just really fun, and going to school, and learning, and getting to know what he wanted to do with the rest of his life.

And he always made me laugh, and we had great times, and just a great kid all around. And it's a tragic ending, but he's really missed.

VAN SUSTEREN: What a tragic ending, and even more tragic is the fact that the litigation goes on.

And, by the way, are you still fighting your battle with Deborah Opri, the lawyer?

BIRKHEAD: I tend to try to forget certain names, but, in my life, I have learned there is always battles that I'm fighting. So I just put my suit and my tie on and show up at whatever courthouse they tell me someone is fighting me.

VAN SUSTEREN: I noticed you don't have a tie on tonight, so you must not be going to court.

BIRKHEAD: Not today, but maybe tomorrow.

VAN SUSTEREN: Thank you, Larry.

BIRKHEAD: Thanks, Greta.

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