Celebrity Justice
Family Judge: No DNA from Dannielynn

A Florida family court judge just rejected Larry Birkhead's lawyer's request to take a DNA sample from Dannielynn Stern, the daughter of Anna Nicole Smith that Birkhead claims he fathered. However, the judge agreed to "help" the California judge deciding the paternity case with any DNA evidence from Smith that's necessary.

Judge Lawrence Korda ordered the DNA taken from Anna Nicole's body to be preserved if it is needed by Judge Robert Schneider of Los Angeles County Superior Court to decide the paternity battle between Larry Birkhead and Howard K. Stern.

Interestingly, in response to a lawyer's question, he said that by Florida law it is "conceivable" that a child can have two fathers.



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(Page 32 of 32) Previous 15 Comments

466. Questioning Jurisdiction of DNA

Any difference between a eight grader and a college graduate? I mean Anna between Osama Bin Laden. The celebrities hitting the top marks these days stressing - Killing Thyself. Howard made it real as the ending meant a disaster for the baby if he is not the real father that is. Poor poor Florida, allowing a two father system, I thought that was only if the court was allowing visitation rights of a divorced mothers offspring with either father, like a new father or the original father whom had to be the paternal father though, has that judge got a brain? Shitti judgements on paternity screw with the future like Florida really needs to screwup the future for everyone, or set it right for the Texas oil tycoon J. Howard Marshall II (died 1995) once a loser to his surviving wife at the Supreme Court.

"I Didn't Think She Was Going to Die, said Howard K. Stern, during trial"

Before or after Howard punched her in the belly to subdue her?

Assuming the Florida court has a intelligence I can invision how the decision of DNA testing of the baby would have been a legal issue for them to determine in the Anna Nicole Paternity case in Broward county. It appears that the estate of the late husband of Anna Nicole, E. Howard Hunt, has a bearing in the state of Florida and Texas where a ruling had been overturned by the U.S. Supreme Court and Anna Nicole Smith had won the right to seek compensation.

Here is a example of the Florida Court mistake made....

Suppose that Osama Bin Laden and his wife came to America and advertantly both died in a vehicle crash. Unfortunately the airlines sold a insurance policy to the two passengers prior to their leaving another country and the sole aire to their property was designated as their children that they had placed into a care center during their visit to America. It becomes the necessity to know for certain whom the parents DNA are and compare this to the children claimed to close the insurance case. The court has to obtain the DNA samples of the children in the other country, which is no different from a subpoena of them to get their DNA sample and thus must rule that they have jurisdiction to accomplish this to complete the case. While in consideration of appeals of the other nation to start another case there to commit themselves to the issue of the family and the case the Superior Court rules that the issue is no different from a communication from a judge to a judge or from a judge to a doctor or other individual and decided the jurisdiction was in order to the insurance case on docket and ruled the DNA sample would be legal to make the determination of the true parents of the children claimed as family to inherit the property of Osama Bin Laden. The rest of the insurance claim is specific, burial would be defined as in a Iraq province near the Al-Qaeda support militia of Muslims.

Although this is a ficticious matter, the truth must be revealed else the insurance claim would become a falasy esp. if some child were not the true children but ones they had as friends being kept by them during their stay in America. Therefore a jurisdiction matter has no relevance in the matter of DNA. The judge (Fourth District Court Of Appeal, Florida) has a problem in interpretation of jurisdiction of his court making it a issue of all Federal courts in defending the question of paternity over the death of Anna Nicole Smith.

Posted at 2:07AM on Mar 1st 2007 by Michael Jones

467. Great news for you Howard!!!

Posted at 2:38AM on Mar 1st 2007 by Carol

468. Was just wondering if the tests show Larry to be the dad, but the Bahamian government upholds the birth certificate, can it then not be challanged against the estate in a California court, because that is where the Marshall estate is being settled, or will Howard settle for the 88 million that is on the table, knowing that he wont be able to get the balance, if he is not deemed the natural father

Posted at 8:39AM on Mar 1st 2007 by Ron

469. Contact Bahamas Child Services and demand a DNA test on behalf of this
child without a voice
Director: Mellany Zonicle
Head Quarters: Thompson Blvd
P.O. Box N-1545, Nassau, The Bahamas

Tel: (242) 326-0526 | (242)322-4408

Posted at 12:15AM on Mar 1st 2007 by Laurie

That's incorrect, the correct information with WITH an e-mail address is:

Ministry of Social Services and Community Development
Cabinet Minister: Melanie Griffi
Tel.: +1-242-356-0765
Fax: +1-242-323-3883
E-Mail: melaniegriffin@bahamas.gov.bs
Frederick Street
P.O. Box N-3206
Nassau,
N.P., The Bahamas

Please repeat this post to get the information out there.

Posted at 9:11AM on Mar 1st 2007 by Help Dannielynn

470. On Larry King last night....Larrys lawyers and Howards lawyers said the timeline of conception was in each of their favors. Larry was with Nicole new years 05.....Larrys timeline is correct i think.........if I am wrong someone correct me.

Howard was not with Anna in dec of 05..she was with the Shelley family for xmas

Posted at 9:35AM on Mar 1st 2007 by blueorchid

471. Hey Howard supporter if he was the father he would give the dna up without all this court bullshit he no if he 's found out that he isn't the father his last of his cash cow will be gone.
He needs to get a job scrumbag.He can still make money as long as he has the baby with t.v. interviews ET.

Tracey Baker

Posted at 3:45PM on Mar 1st 2007 by tracey baker

472.
I so agree with #92 Yes indeed HKS cocked the gun and Mo more than likely
pulled the trigger. The interview I saw of Mo was sooooooo full of holes.... he
is up to his neck in lies. Why would Howard ask him to spend the night in
the suite the night before Annas death? Why did Mo stay in Annas room to
watch Anna while Howard went out? Why did Mo then have to run an errand
and ask his wife to sit at Annas bed side? At which time she expired....
Wake upppppppp Howard amd Mo both on the scene when Anna and
Daniel died. Also back to #55 who asked the question about Anna having
PNU and her friends being liable for wrongful death suit. Mo stated Anna did not want to go to the Hospital. Mo and Howard did not want Anna to go to a Hospital because the first thing a doctor would do in the ER would be to draw blood to determine the source of her 104 degree temp. and by doing so the drugs admin. per HKS and Mo would show up and bang they would be caught and Anna would still be here today. Wake up people lightening does not strike twice in the same spot.

Posted at 12:45PM on Mar 2nd 2007 by carla kirkland

473. I have one comment to all the people wanting to point out the fact that Larry Birkhead stated he was with ANS New Years Eve 2005. 40 weeks later, if Larry was the father, the baby would not be born until Oct. 7. However, since she was born Sept 7 ( or 8th) then if he is the father, Dannilynn must have been premature. Well, first off, I was thinking, if she had a C-section, why? She, as rumors and such has it, was with many men, so her being 'too small' so to speak would not have been an issue, Her bone structure was not petite, so her hips not being wide enough would not have been a problem. So why a c-section? Well I did a search found the video of the birth she sold to ET, and one thing very funny stuck to me...... ANS is lying there, obviously in pain, stating that she wants to see her baby... the doctor tells her...' you will see your baby in a minute, the baby you have waited 8 months to meet.'

Here is the link to the video....

http://www.usmagazine.com/node/3573

Now, if the doctor was correct in his statement of waiting 8 months... guess who that would definately put LB in the running to be the biological father.

One other thing that I found strange was that she even sold it to begin with... that is an personal and precious moment for a mother and newborn... why try to make money by selling it? Then she or he sells pics of Danny's dead body and his funeral... supossedly to make $$ to pay for his funeral. I think it is a strong possiblilty that the c-section was done early and the video made and sold to make money because ANS was running low... and if Stern's meal ticket was going dry..... perfect motive to take out Daniel... then once again money was made...... I am not accusing him... just does not look good.

Posted at 9:53PM on Mar 1st 2007 by PK

474. this is for RITA , i know this has nothing to do with Anna Nicole Smith or anything but here it goes. i am sorry that you lost your husband and i even went to you web site to see what you were going on about and sure maybe the nursing home that you put him in didnt do a great job at taking care of him but that doesnt give you the right to go off and accuse people of murder. Again i am sorry for your loss but people die every day in pain and suffering to fight to keep this country safe for us to live in . if your going to bash this country then maybe you should take your memorial site and go live in darfur, see how you would like that. that is the kind of gov't oyu are accusing the U S of having. think twice before you start bashing our country. you need to quit blaming others for the death of your husband and maybe take in to account that for one it was his time to go and for two it was you how chose that facility for him not our government

Posted at 11:55PM on Mar 2nd 2007 by don juan

475. Well, even FOX NEWS is trashing ET's interviews with Howard & Anna! And Stern Pressures Larry TODAY to sign a deal!!

Howard K. Stern Plays Hardball With Larry Birkhead
Friday, March 02, 2007

By Roger Friedman

AP

Anna Nicole: Stern Pressures Larry to Sign Deal

Anna Nicole Smith's two baby daddies (I don't know what else to call them) continue to be in a tug-of-war this morning, even as their beloved cash cow is readied for burial.

Overnight, attorney Howard K. Stern — whose hold on the situation is starting to slip — has been strong-arming photographer Larry Birkhead to do a couple of things: keep Birkhead's legal reps out of Anna Nicole Smith's Bahamas funeral, sign a contract deal with "Entertainment Tonight" and acquiesce even further regarding the future of baby Danniellynn.

Stern, as I told you the other day, has already had one secret meeting with Birkhead in which he cut out the photographer's lawyers.

I'm told that Stern has kept up the pressure on Birkhead, actually presenting him with contracts, sources say, in which Birkhead would join Stern for more exclusive interviews on "Entertainment Tonight" and "The Insider."

"Howard wanted Larry to sign so that it looked like everyone was in agreement, and that it wasn't just Howard benefiting from these deals," my source said. "Larry said the baby's guardian should sign the papers for him and the baby, but he wouldn't. So then Larry wouldn't."

At the same time, Stern is trying to negotiate separately with Birkhead, away from his attorneys, to sign a deal by which Stern would continue to be in baby Danniellyn's life and oversee her finances.

Stern, my sources say, is working as quickly as he can to effect these agreements before he has to turn over the baby to Birkhead, her biological father.

Sources say that Birkhead's representatives are considering taking legal action against Stern's side to prevent further communication between the two sides as soon as today.

The problem, sources also say, is that Birkhead — a novice in these games — continues to be intimidated by Stern.

"Entertainment Tonight" and "The Insider," both owned by CBS Paramount Television, have denied paying for interviews. But I'm told their method – it's semantics — is to "license" footage either directly from Stern or through a third party.

Recently, "ET" used Solana Productions of Southern California in such a deal. Neither Solana or anyone from CBS Paramount answered calls yesterday.

Anna Nicole: Dead, and For Sale

Today, Anna Nicole Smith — a ridiculous person who accomplished just about nothing in her life — will be buried in the Bahamas.

There are several wars taking place all over the world, not to mention famines; artists are hard at work, movies are opening, buildings are going up, diseases are being investigated. But hey: Anna Nicole is being buried, and "Entertainment Tonight" will be there for every cheesy second of it.

That's because "Entertainment Tonight" and "The Insider," two half-hour shows syndicated by CBS's Paramount TV, have paid a high price for this honor.

Real insiders (not the kind you have to pay for info) tell me that Paramount TV cut the deal with Howard K. Stern, Anna Nicole's lawyer and Svengali, right after her son Daniel died of a methadone overdose in her Bahamian hospital room last September.

Paramount TV has denied this, somewhat passively, so far. But my sources say it they paid Stern around $3 million initially, and that this was renegotiated right after Anna Nicole herself died on February 8th of this year.

Of course, we could believe that Stern — who in court told clueless Florida probate judge Larry Seidlin that he was living off his parents — just loves "ET." Anything's possible.

But the reality is that Anna Nicole's death has proven to be a ratings-sweep godsend.

Linda Bell Blue, the show's executive producer, previously helmed Paramount's ugly tabloid show, "Hard Copy." For years she's had to sit through Mary Hart's tedious, publicist-arranged interviews with low-level TV stars, just waiting for this moment: a huge celebrity death, in a sweeps month, and already contracted for!

As recently as last night, "ET" correspondent Mark Steines was reporting "from inside" Anna Nicole's Bahamas mansion — no mention of the fact that it didn't belong to her, and that the landlord is kicking everyone out.

Steines had "the inside scoop" about the B-list country singer who would serenade Anna Nicole into the next life, the color of her burial gown ("pink!") and what would be inside the coffin (with any luck, Anna Nicole).

Steines performs these interviews — as he has since last Nov. 1, when he had his first "exclusive" after Smith's son, Daniel, died — with a reasonably straight face.

He either knows he's skating on very thin ice and doesn't care, or doesn't get it and is happy to accept the money. In either case, he loses.

As far back as last November, the show's viewers were writing into "ET" forums on the Web asking how much the show had paid for the interviews, and begging them to stop.

On the topix.net forum for the show, a woman named Lana from Andrews, Texas, wrote on Nov. 6: "ET needs to rename their show The Anna Nichole (sic) Show. Every night it is about her. I wonder if there are any viewers that care to hear about her."

On Nov. 6, Dianne from Madison, Wis., wrote: "I think they might have finally driven me away from the show with all this Anna Nicole crap. How much is she paying them?"

The viewers were smarter than the show thought. That didn't stop Blue, Steines and friends.

Nancy from Richardson, Texas, posted this before Smith died on Feb. 8: "Get over her ... I am tired of all of the interviews they are doing with her. She sounds like she is either drunk or high. I have no respect for her and am getting tired of seeing her and all the interviews. She can't even talk without sounding like she is a drunken slut!"

Patti Horton from Altoona, Pa., posted this on Feb. 9: "I can't believe someone from E[T] hasn't questioned Anna Nicole about her drug use. Every night that she is being interviewed it is quite obvious that she is somewhere in la la land. I think they should of (sic) been more persistent in following that path than her new house. Some of the interviews it was all she coud (sic) do to talk. Was this a safe environment for this baby???"

Steines, of course, has a blog on the "ET" Web site. It's a hoot.

On Feb. 9, the day after Smith died, he posted: "When the news broke of Anna's death ... I immediately boarded a plane to Florida along with Khristine Eroshevich, Anna's close confidant…"

Steines acts like Eroshevich is just a pal, maybe another Playboy model. In fact, she was the model's psychiatrist, and someone who has yet to be heard from.

Eroshevich's few comments — including that she oversaw an ice bath for a dying Smith — have been limited to ... Steines, who despite his "inside" sources has not been able to secure Eroshevich for a real interview about these people and their drug use.

I doubt that will happen until Stern's usefulness has passed and his agreements with "ET" have expired.

Steines must feel a long way away from the two Emmys he received years ago in local news at KCAL-TV in Los Angeles.

Posted at 12:44PM on Mar 2nd 2007 by Briggs

476. Just FYI, for all you brainiacs who insist that drawing blood to check for infection, or for DNA would reveal drug use--DRUG TESTS ARE NOT DONE AUTOMATICALLY. Someone testing blood for DNA or looking for infection will NOT automatically FIND drugs in the blood, specific tests have to be done to detect those drugs. Geez, people, has no one ever had a drug test done? Besides, most drug tests are done with URINE, not blood or hair, because of the EXPENSE. And at this point in time, if Dannielynn had been born with drugs in her system, they would have been metabolized by the body by now. Unless you all think Howard is adding a little methadone to her bottle???

And a DNA test would be done using the cells from the inside of her cheek, not blood, not saliva. And everyone who thinks that a lawyer could get DNA from a foam cup, well, i suppose that IS true, but I am sure it would be very hard to extract pure DNA. If Larry were drinking from one cup, and Howard from another, and you put those two cups together (one inside the other), there is a GREAT chance that the DNA of one drinker would contaminate the DNA of another drinker, add to that the DNA of anyone who handled those cups when they were set out, the DNA of the lawyer who grabbed the cups, and any DNA picked up and redistributed by the spout of the carafe...well, it would be tedious, thats for sure. I dont think anyone extracted DNA from those cups, I think it would have been difficult to do.

Posted at 2:04AM on Mar 3rd 2007 by diva

477. Anyone remember that BABY SEDATIVES were found in the hotel room of ANS? !!!!!

Howard K. Stern was not heard from for a good day and a half after ANS died, and Atty. Ron Rale (Stern's long time buddy) told everyone that he was grieving inconsolably.

My theory is that since Howard's sister went to the Hard Rock Hotel in Florida to console Howard before going to the Bahamas, perhaps she took the baby Danilynne back to the Bahamas quickly before Howie arrived with ET proving that Howie flew alone. When Howie gets to the Horizons house in the Bahamas his mother and sister Bonnie are already there with the baby.

I wonder if the Hard Rock hotel has surveillance cameras in the hallway showing the comings and goings of guests and babies. Maybe Mo's errand was to get that baby out of the hotel room.

Makes sense to me

Posted at 8:55PM on Mar 3rd 2007 by Briggs

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