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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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46.

Debbie    

This whole thing has become a circus and no one should have expected it to be any less. Her life has been surrounded by controversy as is going to be her death. (Lest not forget that Anna herself bought into the hype people and she herself said as long as her name is out there...) The only certain thing is Danielynn is Anna's daughter and Anna's mother is probably the next of kin until paternity can be proven. In all honesty HKS is most likely NOT the father (what his stake is in all of this? That will be worth determining in the end.) As for Larry he has been fighting for this from day 1 and isn't likely to let it go. He may now see that the baby needs him more now than ever without it being a monetary gain. There are alot of issues worth regarding before everyone jumps to rash recourse against them all. Lets remember Daniel was the 1st victim and that is still an on-going matter.

2778 days ago
47.

Hot Carl    

Man if they want her DNA so bad why don't they just scrape it off half the bed sheets in Florida and the Bahamas! That whore been runnin around all over the place!

KARMA'S A BTICH ANNA!!

And to all of you that would talk shit to my post - why the hell do you care so much about this used up drug addicted, money grubbin whore?? There are people - MOTHERS - lots of em - dying every SECOND in Africa... and they truly are innocent...

why the public cares so much about this bitch that WASTED her life is beyond me... There are REAL people with REAL problems that could use the attention...

So F her and F all of you that shed a tear for this skank

2778 days ago
48.

jh    

Thinkaboutit,

I have a feeling that if your answer isn't right, that it's something along those lines.

It's clear to me that Anna did not want EITHER Larry or Howard , much less anyone, to know the true results of a paternity test.

And frankly, from the home video I saw of her and Daniel.. I could seriously believe that the son could sexualize the mother, and the mother could sexualize the son. Wouldn't surprise me in the least. I mean, my god, she was beautiful. Every teenager wanted her since her playboy article.

And it wasn't like she was really there for Daniel..

2778 days ago
49.

keyona    

I agree with the courts. This lady has'nt been dead 24hours. I do non't beleave it's howards baby and the truth will come out in time. The person who is affected by all of this is her daughter, not only has she lost a brother and a mother in a matter of months. Lets just stop and take a moment and pray for this family who has had there share of pain.I hope that the pain of her losing her son was'nt too much for her to bare and now she's left her little girl in this world with people who mainly would love to get there hands on her because she has a good chance of getting this money. The person who DNA we need to be collecting is Howard Stern if he has nothing to hide. My deepest respect to the people who really loved her My prayers are with this baby who will never know her mothers smile.

2778 days ago
50.

Zamiel    

He's not gonna get the kid if it's not HIS anyway so all you people arguing otherwise are insipid cunts.

2778 days ago
51.

the wife    

I agree with number 28.....

2778 days ago
52.

blabs    

Why in God's name is Howard fighting not to have her body swabbed for DNA? It's not even as invasive as an autopsy, people! The lawyers on HOWARD's side are the ones who are keeping her from being buried, all because they don't want the TRUTH to be known! If Dannielynn was really Howard's, why NOT get the test? It's not like it hurts or anything! Puleeze. This could all have been settled, like, yesterday, if Howard and Anna weren't so afraid of what the test would show.

Oh, and Marilyn Monroe died in her home, not a motel room.

2778 days ago
53.

mariah    

I apologize for my post coming on twice. Not inentional. Did one after that but it didn't go on.

Bottom line - taking DNA is simple. It is not an intrusive procedure.

My post that didn't post was in line with 33. HKS wasn't married and I don't think he lived with her long enough to establish common-law so the money would go to the child. A guardian would probably be court designated to make sure the child has all she needs until she is 18 or 21 depending on what the courts consider legal age. So, neither 'father' would probably see any of it.

And just one comment about the possibility of it being neither man. That's a scary thought! Although unfortunately incest is not that uncommon - sick, but not uncommon. Usually, it isn't concensual thought. I spelled that wrong!

But it would explain her reluctance.

2778 days ago
54.

Steve    

EVERYONE STOP!!!! READ THIS!!!!

Everybody i just read comment that really has me thinking. I need feedback on this from you guys. Read post #20. It does make sense.

Post your response because I really think that is the answer.

2778 days ago
55.

Boopia    

I think that we all an agree that this is a sad and tragic event for all involved. Unfortunately, I think I agree with the judge. I think that he wants to get the whole paternity thing wrapped up once and for all, so, he figured that the best way to do this is by holding on to Anna's body- bring the baby in for testing and we'll give you the body. I don't think the Judge wants to take any chances of the baby "disappearing". Yes it's sad and it's terrible that Anna cannot be laid to rest and yes I think her death was an accident...but this is a loose end that she has been dodging for some time that needs to be put to rest with her.

2778 days ago
56.

Hot Carl    

SIMPLE QUESTION ---

HOW CAN SHE REST IN PEACE WHEN SHE'S BURNING IN HELL??

2778 days ago
57.

mariah    

47 you are wrong. They won't get the money. Not unless the estate lawyers are more idiots that most.

When children inherit usually it is put in a trust and distributed by a court appointed guardian as needed until the child is of age.

My dad has funds set up for my children and grandchildren when he passes. My children are over 21 now, but not the grandchildren. I love my children dearly but they can be irresponsible, Dad has me set up to handle their accounts.

In this case, where everyone involved could have ulterior motives - greed being one of the top forty!, I think an officer of the court will be appointed to oversee the funds.

any attorneys on here? Is this close to accurate?

2778 days ago
58.

Narcissus    

Larry Birkhead has consistently claimed to be the baby's daddy, even before the baby was born. Moreover, he wanted custody from the day of birth because of Anna Nicole's drug and alcohol problems. To avoid risking losing custody of her unborn baby, Anna Nicole fled to the Bahamas to give birth and tried to establish residency there. It all backfired in the end, and it seems all it brought her was heartbreak and death.

The drama aside, all he ever appears to have wanted was to protect a child he seems to sincerely believe is his own. The current legal battle was set in motion while both Anna Nicole and her son Daniel were alive. Birkhead never stood to get more than child support, if his claim was proven and custody was granted.

As far as Anna Nicole's mother is concerned, well, she's not my cup of tea either, but love her or hate her, Birkhead's lawyer is correct that she is Anna's closest living relative. Anna was not married to Howard Stern, and there is no concrete proof yet that he is the baby's daddy. Until the baby's paternity is settled, she should be either with natural relatives or a court-appointed guardian. I might point out that Howard K. Stern was present both at Anna's death and that of her son, Daniel and is currently under investigation for complicity Daniel's death. That alone should disqualify him as a guardian for Anna's baby.

2778 days ago
59.

gettheboysawayfromher    

No. 3 i dont agree with you at all the lawyer isnt manipulating larry; dont be so stupid, if he is the father it will show in the dna, then she will get paid, if he is not the father, the lalwyer will get nothing.

2777 days ago
60.

gettheboysawayfromher    

this is just like claus van bullin, he slowing killed his wife, that is what stern did, killed her son, and now her for the money, boy is he holding his breathe that larry doesnt have the dna, when they take the blood from the baby, it better be honest people around incl the fbi

2777 days ago
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