Anna Nicole Smith's Body Lies In Legal Limbo -
LinkBack Thread Tools
post #1 of 1 (permalink) Old Feb 14th, 2007, 11:49 PM Thread Starter
Mother_Marjorie's Avatar
Join Date: Jul 2005
Posts: 6,452
Anna Nicole Smith's Body Lies In Legal Limbo

Anna Nicole Smith's body lies in legal limbo
POSTED: 3:27 p.m. EST, February 14, 2007

NEW: Fla. takes jurisdiction over Anna Nicole Smith's body
NEW: Hearings set Thursday in Fla., Tues in Calif.
Order to preserve remains for DNA test lifted
Smith, 39, died Thursday at a Florida hotel

FORT LAUDERDALE, Florida (AP) -- Judges on both coasts weighed in Wednesday on what to do with Anna Nicole Smith's body amid the custody dispute over her infant daughter, moving closer to releasing the former Playboy Playmate's body for burial.

A Florida judge, citing a California court's order last week for DNA testing on Smith's body, ordered a morgue not to release it.

A Los Angeles judge, however, quickly lifted a request that the body be held.

"California has no need for the body of Anna Nicole," said James Neavitt, an attorney for Howard K. Stern, one of several men claiming paternity of 5-month-old Dannielynn.

Neavitt said Florida officials who performed the autopsy on Smith have preserved her DNA.

Attorneys for Stern went back to Circuit Judge Lawrence Korda in Florida to ask that the body be released.

Korda had ordered the body held for 10 days after a brief meeting in his chambers Wednesday morning with attorneys for photographer Larry Birkhead, who claims to be the baby's father.

Birkhead asked the Florida court Tuesday to enforce the California court order for DNA testing filed Friday, the day after Smith died. Nancy Hass, an attorney for Birkhead, said the Birkhead camp feared that accurate DNA testing would not be possible if the body were released and moved out of state.

Smith's mother, Vergie Arthur, and Stern had been opposing last week's decision by the Los Angeles judge, fearing that if the body is not embalmed, even though it is refrigerated, it will not be suitable for viewing or funeral purposes.

"We would just want ... to proceed with a proper burial," Ron Rale, the attorney who had represented Smith in the California paternity battle, said before the hearing in Los Angeles.

"No one should go about touching Anna Nicole," Rale said.

Krista Barth, another lawyer for Stern, said Smith made it clear she wanted to be buried in the Bahamas, where her son is buried, and condemned what she said were Arthur's efforts to bury her daughter's body in Texas.

"I think we all know Anna wants to be next to Daniel, and anything else is a tragedy," Barth said.

A Bahamian judge issued an injunction Tuesday preventing the baby from being taken out of the country until the custody case is resolved. Arthur wants to be named guardian of her granddaughter and sought the order because she feared Stern would take the child from the Bahamas, her lawyer said Wednesday.

Arthur has said she fears for the baby's safety, noting Stern was present when Smith died and when Smith's son died in the Bahamas in September, three days after Dannielynn was born. Stern has said Smith hated her mother.

As the dispute unfolded in court, Broward County medical examiner Joshua Perper filed an affidavit Tuesday urging the prompt release of the body, warning that "any further delay would result in destructive changes to the body."

Susan Brown, who with Hass represented Birkhead at Wednesday's hearing in Florida, said she did not object to Smith being embalmed.

Perper said the model's body will remain refrigerated until he receives a judge's order.

Smith, 39, died February 8 after collapsing at a hotel. She was the widow of billionaire J. Howard Marshall II, whom she married when he was 89 and she was 26. She had been fighting his family for years over his fortune. (Watch authorities play the 911 tape )

Daniellynn could inherit millions from her mother's estate.

Rale is executor of Smith's estate. He and Stern, a co-executor, are authorized to make funeral arrangements.

Prince Frederic von Anhalt, the husband of the actress Zsa Zsa Gabor, has said he had a decade-long affair with Smith and may also be the father. He said Monday he plans to file a paternity challenge and wants a DNA test.

A hearing was set for next Tuesday in Los Angeles to consider whether DNA from Smith can be used in the paternity case.
Mother_Marjorie is offline  

Quick Reply

Register Now

In order to be able to post messages on the forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Please enter a password for your user account. Note that passwords are case-sensitive.


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:


Human Verification

In order to verify that you are a human and not a spam bot, please enter the answer into the following box below based on the instructions contained in the graphic.

Thread Tools
Show Printable Version Show Printable Version
Email this Page Email this Page

Posting Rules  
You may not post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On

For the best viewing experience please update your browser to Google Chrome