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Anna's Mom Lawyers Up

2/13/2007 4:48 PM PST BY TMZ STAFF

Virgie Arthur and Larry BirkheadTMZ has learned Anna Nicole Smith's mother has hired a Florida lawyer to get Anna's body released for burial.

We've confirmed that Virgie Arthur has hired Coral Gables attorney Stephen Tunstall to secure the body. But there's a catch: There are two outstanding California court orders preventing burial. A judge has put a hold on the release of the body; a second order demands a DNA sample from Smith.

We're told Larry Birkhead's lawyer, Debra Opri, will ask a Miami court to "domesticate" both orders from the California court. If granted, the orders would have full force and effect in Florida. We're told Opri is making the requests in Florida today and tomorrow.

But there's a twist. We're told Birkhead has no objections to releasing the body, provided he gets a DNA sample sent to the lab he selected. For some reason, we're told Stephen Tunstall has not agreed to release the DNA to Birkhead's lab.

TMZ spoke with Tunstall, who said "I have been retained by Virgie. I do not wish to have any contact with anybody in the media."

177 COMMENTS

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46.

Divine    

Howard K. Stern your world is going down. The only person who should get Anna Nicole Smith's body is her "Mother"...Stupid people it doesn't matter how long they've been estranged that is her Mother. Howard K. Stern....The Pimp...The Killer...The Drug Pusher...The Fake Cry Baby... ISN'T HER HUSBAND!!!!

2755 days ago
47.

rose    

i feel that howard stern had every motive to do her in by messing up her way of thinking she was always under the influence of drugs or something i have two sons that where drug addicted and have seen many signs on them when on drugs one son is still addicted and life is not easy at all sorry about anna but howard did NOT HELP HER HE DESTOYEDHER WHOLE LIFE

2755 days ago
48.

NYCGAL328    

THIS WOMAN IS SO RIDICULOUS, SHE HASNT EVEN BOTHER SEEING HER DAUGHTER'S BODY, ONLY WANTS THE BODY TO HURT HOWARD K. STERN,
TRYING TO USE IT TO SEE THE BABY, AND TO GAIN PUBLIC SYMPATHY. WHICH IS TO LATE, HER INTERVIEW ON GOOD MORNING AMERICA DID NOT HELP HER. SHE WAS ASKED IF SHE WAS GOING TO SEE HER DAUGHTERS BODY, SHE SAID NO,

SICK, DISGUSTING, MAGGOT OF A MOTHER SHOULD BE KEP VERY FAR AWAY FROM THE BABY.

2755 days ago
49.

Shar    

EXCUSE ME PEOPLE - DO YOUR HOMEWORK ! WHO DO YOU THINK RAISED ANNA'S SON DANIEL - HELLO - IT WAS ANNA'S MOTHER - YOU MAKE ME SICK! MR STERN DIDN'T ALLOW A RELATIONSHIP BETWEEN THEM. THERE ARE TAPES THAT PROVE WHENEVER ANNA CALLED HER HE'D GET REALLY ANGRY AND HANG THE PHONE UP ON HER.

2755 days ago
50.

Things that make you go huuuuummm!!!    

Anna did not want anything to do with her mother for the main fact her mother is just like ours. Virgie tried her best to keep Anna out of the night clubs at the tender age 17th. Which of you daughters would not rebel. Yes, Anna turn around and made a name for herself but the question is was it a good name? I seriously do not think Anna's mother is interested in the millions. Just like she warned Anna after her son died to be careful of the company she is hanging around as she Anna might be next. As the said mothers knows best because that is exactly what happen. Virgie is very concern about the grand daughter.

2755 days ago
51.

patty    

Fat Cow, obviously Anna Nicole had her reasons to despise her mother-At this point I say let a normal family like mine or any decent american bury the poor woman and adopt her beautiful child- who cares about the stupid money, this is a beautiful child in the middle of a gigantic mess- There shouldn't be any money anyway; face it folks, I admired ANS but she married MArshall for the dough and he left her out of the will- probably because he gave her plenty when she was alive. I'd be happy to raise Dannielyn- she is a gorgeous little girl who deserves a good family upbringing which she will never get with any of the vultures circling.

2755 days ago
52.

Behind the HardRock    

According to the M.E., Anna's body is in the process of decomposition and will break down in the next two weeks awaiting the latest court hearing in reference to the DNA testing. The body is to be released to the next-of-kin....who else will bury Anna, her daughter when she's 18?

As for all you people hating Anna's mom---will you please explain why? I still haven't gotten that. From what I've pieced together, Anna's mom didn't like Howard and the problems became very heated after the death of Daniel. Anna apparently called her mom after his death but the phone may have been disconnected by Howard (at least per the latest reports). If it's because the theory is that Anna was abused, why would she think her mom was fit enough to care for her son the first 6 years of his life? It seems to me that mom told Anna the cold, hard truth....and probably met first with the contempt of Howard and then Anna. I believe that mother and daughter's rift would have been dispelled by a concerned friend--but I believe him to be more of a selfish & controlling Svengali.

Maybe Anna's mom is after more than just burying her daughter...but for pete's sake, bury her already. I'd bet that she would choose to bury any next to Daniel.

If Howard is really concerned about Anna's (and her daughter's) best interests, he would allow a DNA test, allow Anna to be buried and quit trying to fight everyone and everything simply because he's too stubborn to know when to quit.

2755 days ago
53.

James    

Doesn't matter what went down between Anna and her mother. She made it very plain in recent weeks that she DESPISED the woman. I despise the woman and she isn't even my mother !!

2755 days ago
54.

duh    

This has been a toxic situation for years and it doesn't show any signs of ending. "Virgie" may be in law enforcement, but some of the biggest jerks in the world are and have been deputy sheriffs. She is after the money and fame. Otherwise, she would have shown some class and kept her mouth shut about Anna. No wonder Anna wouldn't have any contact with her family! Daniel was a grown man with plenty of opportunity to contact his grandmother or aunts if he wanted to. Anna loved him so much and he loved his mother very much as well. Daniel loved him mom, Anna. Anna hated her mother, Virgie! hmmm I think that shows Virgie as a loser.
I just pray for Anna to be buried with Daniel. No one can know how the loss of your child affects you. I do know this loss and the pain never gets better, you just have to learn to live with it. The time that has passed since Daniel died is a tiny drop in the bucket compared to the time it would have taken her to live with this pain. Some people are strong and some are not, Howard found her weaknesses and he was able to separate her from everyone. If he did cause these two deaths, Anna knows it now. It will catch up with him. I think that none of the players in this scenario are equipped and fit to raise this innocent baby. It's a sad and sick situation. At least she is at peace now.

2755 days ago
55.

rose    

I HOPE HOWARD PAYS THE PRICE FOR WHAT HE HAS DONE TO ANNA AND HER SON

2755 days ago
56.

Mindy Moore    

To all of you geniuses out there that seem to think there is this huge fortune awaiting Anna's mother, guess what? The determination has not yet been made as to the 88 million or so of Marshall's estate that is still being litigated. All the Supreme Court said was that Anna had the right to pursue what she claims is her part of his estate. So stop throwing around ridiculous statements about the money. There is no money at this time and there may very well never be any huge amount of money awarded to Anna's estate. The Marshall family has fought Anna at every turn and there is no reason that they will stop now.

I don't know what her mother's motives are. Maybe she is concerned for the unclaimed body of her daughter. She is still her mother, whether or not they were estranged in life. Howard K. Stern is no blood relation to Anna Nicole Smith. This maniac has this baby girl in hiding right now, so that the real father can't get her. Larry Birkhead seems to be very genuine in his desire to have the necessary DNA test done to prove that he is the father. If the tabloids really want to do a public service, then let them dig and get the truth out. If Howard K. Stern was indeed responsible for Daniel's death, then he should rot in jail. I, for one, will always be haunted by Anna's mother going on a TV show to publicly plead for her daughter to get away from Stern. It looks like she had reason for her fears.

2755 days ago
57.

Slight Buzz    

I can see a mother wanting to bury her daughter. Unfortunately, Vergie does not have the $$ to bury Anna next to Daniel in the Bahamas. When it comes time for the funeral, we'll see if she is in it for the money or not. Methinks some of Dannielynn's trust fund money will be used to bury her mother. So sad, and extremely tragic.

2755 days ago
58.

ssmits    

I don't believe Anna's mom wants any of the money or intends to make money off of this situation.
Look who is already making money off of Anna's death! Howard K. Stern already received money for his recent interviews with ET. That says it all right there.
If I was Anna's mom I would claim my daughters' body and bury her and her son back in Texas next to each other. They are from Texas not the Bahama's.
I believe that Larry Birkhead is the father. Why would he make a fool of himself in front of the whole world if he didn't believe he wasn't? DNA Tests don't lie. He believes he is the father because Anna told him so. He also filed for paternity testing before Anna's death. So I believe Larry is not in it for the money. He just wants the truth to come out. If he isn't the father then why would Anna run to the Bahama's? What would there be to hide if Howard is the father? There is a reason why Howard and Anna didn't want to the paternity test! Because they really didn't want any one to know who the real father is. If Howard feels he is truly the father of Dannielynn Hope, then step up and take the test to prove it!
What kind of person would keep a little grandaughter from seeing her grandmother? I find that sickening.
I also believe Anna's anger towards her mother is because of Stern. Before Stern came along Anna's mother raised Anna's son Daniel for a long time. If Anna didn't like her mother, she most definately wouldn't let Daniel be raised by her mother.
I hope this situation ends quickly so that Dannielynn Hope can bond with her real father and grandmother.

2755 days ago
59.

Shelley    

I am sorry to disagree with the majority of posters here,...but I do not find Anna's mom all that evil. In our family, we have a situation exactly like this [well, almost!]. I have a cousin who is an adult woman and a drug addict. Her parents have tried everything in their power to help her, they have done interventions, mortgaged their house to pay for rehab, etc. My cousin on the other hand, hates them, she trashes them to anyone who will listen. My cousin's choice is to live with her drug dealing boyfriend [who encourages her to remain estrange from her family]. He [the drug dealing boyfriend] pimps her out to friends and basically keeps her held hostage. It is ugly, period.

Please, it would do you all good to stop and think about both sides of this situation before you start tearing down some woman you know nothing about--except what the media chooses for you to know.

I know if my cousin died tomorrow, my aunt and uncle would be there for the body too.....no matter how much she professes to hate them. They will alway love her, she is their child. Just as Anna is Virgie's little girl.

2755 days ago
60.

ronny    

Yeah "Teri" and the moon is made of cheese.

2755 days ago
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