No "Emergency Extraction" of Anna's DNA

2/9/2007 2:27 PM PST

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."