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No "Emergency Extraction" of Anna's DNA

2/9/2007 2:27 PM PST BY TMZ STAFF

Anna Nicole Smith: Click for photos
A California judge on Friday refused to order an emergency DNA test on the body of Anna Nicole Smith as part of a paternity suit involving her infant daughter, but he ordered that the body be preserved until a hearing February 20, attorneys said.

Larry Birkhead and Howard K. Stern both claim to be the father of baby Dannielynn. Attorneys for Larry Birkhead wanted to be sure Anna's DNA was tested, to prevent what they call a "bait and switch," where another child's DNA would be used as a sample.

Anna's attorney Ron Rale said he has spoken to Stern and that he was "incoherent" on the phone. Rale also indicated he was angry about being dragged into court when he should be in Miami offering Stern his "friendship and assistance" during this difficult time. He also said when he spoke to Anna in the past few days, she was "fine and totally coherent."

62 COMMENTS

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1.

Great DICK    

Maybe Paris will OD too to keep up with the Jones'!

2729 days ago
2.

barb9236    

Coherent my ass !! This is so sad. What is this judge on the take too? Just do the test already and give this baby to her father.

2729 days ago
3.

Dottie    

Where's the baby?

2729 days ago
4.

Rump    

Now all you jackasses who think it is sick to take DNA from a dead woman can enjoy the fact that she'll be "kept" for another week or so. Gross. RIP Anna.

2729 days ago
5.

kass    

GOOD!!!! HEY MR. DICKHEAD! HAVE SOME RESPECT..IAM GLAD YOUR REQUST WAS DENIED.

2729 days ago
6.

Tracey    

This is so cruel...
Damn lawyers.. That baby needs to have a father NOW!!!!!!!!

How could she do that when she has a little baby at home. This is all about money. Whoever gets the baby GETS the $$$$!!!!

2729 days ago
7.

cindy    

Boo hoo he wouldn’t have had to go to court if his idiot client would have cooperated from the start. I have no pity for any of them except Anna who in her fragile state of mind was completely manipulated!

2729 days ago
8.

wtf??    

I'm beginning to think Larry Dickhead is being manipulated by his lawyer. After a while, that man should have given up on claiming someone else's child as his. It sounds like his attorney is pressuring him to keep this up so that she can cash in on a big payday for herself.

I hope there is no DNA test and that Dannielynn doesn't loose yet another part of her small family.

In the first six months of her life she lost her older brother and mother. Now some jerk and his lawyer are fighting like h*ll to take away the only father she knows - Howard.

2729 days ago
9.

Luna    

The judge is an idiot - this poor baby needs to be with her real father - it's been 5 months, enough is enough! They really need to get this settled.

2729 days ago
10.

a girl    

Thats terrible she has to wait 2 weeks to be put to rest. Give the poor woman her peace.

2729 days ago
11.

kelly chiarenza    

now she cant be put to rest until 2/19/07 not nice at all sad sad sad sad sad sad

2729 days ago
12.

Ellen    

If Ana was taking narcotics for what ever what reason, that may be what made her throw-up. Since narcotics depress respirations and the protective response for vomiting what happens is you aspirate or inhale your own vomit. Untreated you basically suffocate. They would have needed to get to her before she threw-up to save her. Sounds like she OD'd. Why do these people always get left alone, just when they need to be watched the most.

My god this is sad!! Blonde and beautiful is a curse! If she was a brunette would this have happened?

2729 days ago
13.

wtf??    

I'm beginning to think Larry Dickhead is being manipulated by his lawyer. After a while, that man should have given up on claiming someone else's child as his. It sounds like his attorney is pressuring him to keep this up so that she can cash in on a big payday for herself.

I hope there is no DNA test and that Dannielynn doesn't loose yet another part of her small family.

In the first six months of her life she lost her older brother and mother. Now some jerk and his lawyer are fighting like h*ll to take away the only father she knows - Howard.

2729 days ago
14.

wtf??    

I'm beginning to think Larry Dickhead is being manipulated by his lawyer. After a while, that man should have given up on claiming someone else's child as his. It sounds like his attorney is pressuring him to keep this up so that she can cash in on a big payday for herself.

I hope there is no DNA test and that Dannielynn doesn't loose yet another part of her small family.

In the first six months of her life she lost her older brother and mother. Now some jerk and his lawyer are fighting like h*ll to take away the only father she knows - Howard.

2729 days ago
15.

poor britney    

Well I am glad that they didn't need to do the dna test right away I understand if Larry is the father then he has a right to at least have a dna test performed but let them grieve for at least an hour lawyers are really unbelievable. HERE IS A QUESTION I WOULD LOVE TO KNOW WHEN ANNA NICOLE'S BODY IS FINALLY RELEASED WHO WILL IT BE RELEASED TO HOWARD HER CONSTANT COMPANION OR HER MOTHER WHOM SHE DESPISED? I HOPE SHE GETS TO BE BURIED NEXT TO HER SON THE ONLY PERSON THAT PROBABLY REALLY LOVED HER UNCONDITIONALLY

2729 days ago
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