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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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31.

Harmie    

It's really appalling that Anna can't even have a proper burial. Such bullcrap.

2727 days ago
32.

AJS    

If the baby is Howard's why the such big deal to give his DNA up. If it's true, then prove it and let things go. I can totally see them giving the wrong DNA of the baby, (switching) so I agree they need Anna's DNA. Just get the DNA from all parties and let Anna rest in peace! If they would give up the DNA then Anna could have her peace and that baby can be wth the right father!!!!!

2727 days ago
33.

Tucker    

Please people...ANS put this all on herself...She should of done the DNA testing b4 she died when it was ordered the first time...none of this would be happening right now...No, she had to prove a point to Larry Birkhead, who by the way, is the father....Now HKS probably has the baby on his hit list.....and nobody will know who the real father was...

2727 days ago
34.

Me    

I think that their should have been DNA extracted today during the autopsy, if there is nothing to hide then Stern would not be fighting so hard to keep Larry Birkhead away. Larry sincerely thinks he is the father and does not look like the type to try and claim someone elses baby.

Why dispute DNA when they can take a swab from the mouth and compare and no harm to anyone involved other than the father is really is not the father.

The judge is under a microscope and did not feel this was the time to do this

2727 days ago
35.

sioux    

did anyone notice that anna claimed to be the next marylin monroe, as a child, and then died just like her? both overdosed on drugs in a hotel room.

2727 days ago
36.

mariah    

This is SOOO getting old. I'm sorry she died, but I don't understand her reluctance to have the test to begin with. If she is/was so certain he was NOT the father why cause all this hullabaloo with the press. Just do it and get it over with. Just watched the news and it appears her death is probably drug related. What is happening to this country! Overdose? Can't anyone read prescriptions bottles? Oh that's right - it probably isn't prescriptions.

Anyway, it's the chld issue that has me up in arms. The child has a right to know who her father really is - whether it is Birkhead or Stern - just GET IT DONE!

And as to the judge - well, he's stupid - just do the test NOW - don't need to wait two weeks!

2727 days ago
37.

me    

Is Larry standing to the left of the frame with his head down? kinda creepy

2727 days ago
38.

Canadian girl    

Dirty!! Dirty!! a women just died who cares what or who she is.. this is a blood sucking lawyer to push for this before the body is even cold.

2727 days ago
39.

elzahop    

a whole lot of people just do not seem to be seeing the whole point in all of this.

i believe that larry birkhead truly believes this child is his. DNA does not lie. he would be making a complete fool out of himself, as well as putting himself in tremoundous debt, if he did not believe so.

of course a sample of anna's DNA is absolutely necessary. anna and her advisors have been evasive and have behaved suspiciously concerning this child's biological father. common sense suggests that anna had a lot to hide.

recent events (the demand for an emergency DNA extraction) further bolster birkheads claim.

regardless of birkheads motivation, whether it be love for the child or outright greed, events suggest that he is most likely this child's father.

he and the child have every right to know the truth.

PERIOD!!

2727 days ago
40.

kass    

IF HOWARD K USER AND LARRY DICKHEAD LOVED HER SO MUCH THEY WOUD HAVE PUT HER IN REHAB.. IT IS CLEAR THAT ALL THE PEOPLE WHO SO CALLED LOVED HER, LOVED HER MONEY MORE AND WANTED TO KEEP HER ALL DRUGED UP SO THEY COULD COUNTROL HER.

2727 days ago
41.

thinkaboutit    

Anyone notice how "close" Anna was to her son Daniel? (Watch the videos!) Ever wonder why she named her daughter Dannielynn? What would a son do if he found out he was the father of his own sister? What would a mother do if she knew the world would find out soon that she had had an incestuous affair with her son that produced offspring? Daniel is the father of Dannielynn!

2727 days ago
42.

James    

I also agree with Lynn. Good words!!

2727 days ago
43.

Sassy    

NO PEACE FOR ANNA EVEN IN DEATH!!!!!

2727 days ago
44.

jh    

Mariah, there's only one reason I could see for fighting a paternity test from the maternal side when you're claiming that one of the two involved is the father.

That answer is this: NEITHER of the two are the father.

I suspect if there is a paternity test, it will show that neither HKS or Larry are the father.

2727 days ago
45.

Sasha    

A horrible mess all around.

Howard could be after the "pending" inheritance tied up in court.
Larry could be after the same money.
Or, they both could have simply loved the woman because she always came off as a nice, fun person. Whatever! LOADS OF PEOPLE ARE AFTER OTHER PEOPLE'S MONEY IN THIS WORLD. IT"S NOTHING NEW!!

In the end, both men had a relationship with Anna and a child was produced and the actual date of conception is obviously up in the air (Larry went to some appointments and was led to believe he was the dad at some point). It doesn't take a rocket scientist to know that it makes PERFECT SENSE to have had this test done long ago. It's fair to ALL involved included the extended family like Grandparents, Aunts, Uncles, etc.

It could be Larry's and it very well could be Howard's who has been in Anna's company a lot these past years. Larry is not wrong for trying to find out.

People are saying Larry is after the cash. Is Howard after the cash as well? Was Anna after the cash wehn she married the wealthy guy? ONE BIG JACKED UP CIRCLE HERE NO DOUBT!! We need to sweep the "gold digger accusations" under a rug and worry about the 2 dad's in question who deserve to know and a child who deserves to get this done before she turns 12!! All this oddball evasiveness has ended up with this poor woman's body now being held for like 10 days!!! No peace for her.........

2727 days ago
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