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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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16.

Look closer    

No wonder everyone in CA is so screwed up, look at that Family Court judge. What if this was his family? I'm sure he'd want to know the truth before everything is lost.

Where did he get his law degree? University of I'll do what I want when I want?

2750 days ago
17.

jh    

Ah.

NOW I see why they need Anna's DNA. The press up to this point was pawning this off as some "revenge" motive to get at Anna.

They want to make sure that the baby's DNA that is used is legitimently Anna's daughter.

2750 days ago
18.

Caroline    

Does anyone watch the F/X show Dirt? I`m so totally waiting for some paparazzi shots of the body like they did in Dirt

2750 days ago
19.

Quiet    

Here we go again...
another James Brown Preserving. That poor man is still not buried from Dec 26th and now this ? Its been almost 7 weeks for him now? I hope the test gets done on feb 21st. Is there a necessity to perserve the deceased this long??Poor Lady.

2750 days ago
20.

Sasha    

Holding the body for 10 days is just awful!

They can still get DNA from the autopsy (blood samples are taken, especially because they definitely need toxicology tests done), that's why the judge saw no need for this "emergency" thing I believe.

But in the end, this should have been done last year! There was a reason Larry went to doctor's appointments. It's because there was a chance it was his in Anna's eyes. She then said it's not, and Larry would be a fool to not "double check" and make sure he isn't the dad. I mean, come on! We all know due dates aren't always on point. If you break up with one and start to date another and it's in close range, it can be a sticky situation if you end up pregnant.

2750 days ago
21.

kristin    

Poor kid. All they are using her for, is to see which lucky guy gets the inheritance. This is just wrong.

2750 days ago
22.

jh    

#3, give me a BREAK.

That girl has been in the care of the mother of a Bahamian official since a few days after she was born so that HKS and Anna could go out boozing and drugging and partying. The only father she's ever known ? You make it sound like this girl was going to be raised by Anna and Howard through her formative years.

Right.

This girl's future is no different now than it was yesterday morning. She would be raised by nannies and caretakers while mommy was out living it up. Do you really think that HKS has been home to visit his daughter since the death?

Hint. No. TMZ and others have literally been following the man around.

2750 days ago
23.

lynn    

luna you're an idiot...this woman has died and she has to lie in some legal limbo for a paternity test....FOR WHAT!!!!....there is no reason this woman shouldn't be buried...opri sucks, the mother sucks, birkhead sucks, our legal system sucks ( what kind of judge makes a ruling like this and would intervene in this way), the woman can't even have peace in death...."Nope Anna, you can't be buried until we get one more thing out of you, no anna you can't have peace, we still need something else from you"....this makes me sick, seriously

2750 days ago
24.

Jennifer    

Funny how Howard doesn't want a test done to prove he was the dad...he should be proud and want to show that he is the father of this little girl...shame on him Larry is fighting to show that he is the father and just wants to get his daughter back...funny how Larry has given numbers of statements on how he wants to work with Howard with getting everything ready for Anna...whats up with Howard I thought he had all this love for Anna...Poor Anna she probally found out the truth about Howard and tried to get away...and this crazy man just out to get Anna's money killed her son to get him out of the way...and now Anna because she was starting to find out the truth...Its also funny how her mom doesn't want him to have the baby just yet...mothers always have the gut instinct

2750 days ago
25.

Kelly    

jh - I wondered the same thing too earlier...why they wanted Anna's DNA. It didn't make sense to me at first, but now that it has been explained that these two IDIOTS could possibly do a switch-a-roo, it completely makes sense.

2750 days ago
26.

jay    

Give me a break,

This kid belongs to Larry Birkhead, you can definately tell by looking at the baby that the kid is his!! Now as to his motivations why he is pursuing custody...money talks....

I find it curious that Howard and Anna were frequenting the Bahamas and purposely had their child there. Were they purposely trying to avoid jurisdiction of the U.S. legal system???

2750 days ago
27.

Marissa    

The judge is an idiot. Get it over with so this child can be with the real father! How horrible.

2750 days ago
28.

HOW MANY TIMES CAN I SAY THIS    

This whole thing reminds me of the story of Solomon. When the two women claimed to be a baby's mother, and his solution was to cut the baby in half and give half to each. The woman who protested and said "no, give the baby to her, please don't do that", Solomon knew to be the real mother because no mother would allow her child to be hurt.

If Birkhead really is the father, he should take a hint from that story right now and drop this shit, for a while at least. It would make him look much more credible to say "I'm in mourning and I don't want to put Anna's family, or my daughter, through any more stress right now." If he did that, I'd believe him in a second and stand behind him all the way.

And also: what inheritance are they fighting over, anyways? she couldn't even afford her electrical bill just a few months ago. Anna doesn't have any money to leave - she never got a dime from Marshall, just the right to keep paying more legal fees to try and get it. I'd be surprised if she had any more money that you or I, and it would explain why she was in the Bahamas - the ultimate shelter of non-paying tax evaders and bankrupt mobsters.

2750 days ago
29.

bri    

Lynn I totally agree with you.

2750 days ago
30.

Me    

Really bad decision, but so be it. The question remains: Is Birkhead the father? He has every right to know, and if it were you walking in his shoes and there was a question of paternity, you'd be entitled to know the answer as well.

People who are of the attitude that he's just bothering poor Anna don't seem to understand that if he is the biological father, he has the legal right to know the daughter he's been denied. And who denied him? Anna Nicole Smith, Howard K. Stern, Ron Rale. This could have been decided before she died. All she had to do was cooperate. It was his right to know.

Now she doesn't even get the chance to rest in peace yet, because of a judge's decision. But then...that didn't have to happen if she had done the decent and honorable thing and let the man know the truth, instead of covering it up.

2750 days ago
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