einy:  1631 days ago

21059. GRACE: OK, that`s not where I`m going, Tony. That`s not where I`m going.

POTTS: Where are you going?

GRACE: I`m not questioning that the nurse thought she was asleep. Obviously the nurse thought she was asleep. She was known to sleep during daylight hours. My question was, how long was she alive when Stern left? How long had she been lying there, dying? That`s what I`m trying to figure out.

To you, Dr. William -- go ahead. Go ahead, tony.

POTTS: Well, one of the things that I think is interesting is that Big Moe, as we just saw just speaking, the bodyguard, the good thing about a bodyguard, as we all know, he can protect you. The bad thing about a bodyguard is he can protect you, which means he knows a lot of secrets and time lines and things of that nature.

And now I think -- and what I`m hearing behind the scenes from people is that Howard was supposed to take care of Moe in all of this afterwards. And right now, I don`t think he is. People think that Howard`s house of cards are now crumbling, and once Dannielynn is gone, Howard`s cash cow...

(CROSSTALK)

GRACE: What do you mean by that, his house of cards is crumbling? What does that mean?

POTTS: People around him feel that he`s created this house of cards. He moved Anna Nicole, the corporation, offshore, the way a company would go offshore to the Bahamas, to be able to be outside the rule of the U.S. law, which has proven the case here.

I also hear from people inside and around that situation that Moe is now willing to talk. He knows more than he has said. He has not lied -- I want to make that clear -- but he has not explained everything, all the details that he knows.

And I can tell you for a fact that he knows a lot more, and bodyguards always do. The question is, is he saying this now, because he feels at some point down the road he will be in front of a judge and he will have to, under oath...

GRACE: Wait. Is he saying -- what now? What do you mean he knows a lot? You know for a fact he knows more than he is revealing, what do you mean?

POTTS: Absolutely. I know that he`s talking about that there was a bottle, a baby bottle close by on top of Anna Nicole on the sheets. And there are other things that he knows that he`s willing to talk about. And we just have to -- we`re all working to try to get to Moe to talk about those things.

But I think Moe is an honest guy. I think Moe is trying to do the right thing. I think now he realizes that he better say what`s right, and say what`s real, and say what he knows, because at some point he will be under oath, Nancy.

GRACE: Ron Rale, this is Anna Nicole Smith`s attorney, friend of Stern, do you believe that`s true? Do you believe that the bodyguard will end up under oath? And if so, why?

RON RALE, ANNA NICOLE SMITH`S ATTORNEY: You know, Tony, I got a new nickname for you, Tony Potshot, because you don`t know -- these allegations, offshore, corporation...

GRACE: Well, is it true or not?

RALE: It`s all speculation.

POTTS: It`s not an allegation.

RALE: He`s got no basis for anything he`s saying.

POTTS: That`s not true.

(CROSSTALK)

RALE: Tony, I`m disappointed. I`m disappointed.

(CROSSTALK)

POTTS: Ron, I`ve talked to these people.

RALE: ... check our sources. I don`t know if you...

POTTS: My sources are inside, Ron. My sources are inside, Ron.

(CROSSTALK)

RALE: Inside? I mean, what more inside is there than Howard or Moe? And I`m sure you haven`t talked to Moe about that, because that doesn`t sound like the Moe that I know.

(CROSSTALK)

POTTS: Well, then you don`t know much about these people then.

(CROSSTALK)

GRACE: Wait, wait, wait. Here`s your chance. Ron, is it true, in response to Tony Potts, is it true, did he move that offshore?

RALE: This is the first I`ve heard of anything. You know, so it`s something that I would say is not true. But I would check his sources.

POTTS: Ron...

RALE: In terms of talking about -- I mean, offshore what? What are we talking about that he moved offshore, some corporation? What is he talking about?

POTTS: Like a corporation, Ron, like a corporation, what you do is you move them offshore, like a corporation.

RALE: What corporation are you talking about?

POTTS: I`m saying "like a corporation," Ron. Like a corporation. You move somebody and what you`re doing offshore. Anna Nicole Smith was incorporated.

RALE: So you`re saying he moved Anna Nicole offshore like a corporation?

POTTS: Absolutely.


Posted at 6:57AM on Aug 27th 2007 by passing thru



From the Judge thread: I just love this part!!!

Posted at 4:40PM on Aug 27th 2007 by Dont Mess With Texas Or You May Never Leave Texas!

einy:  1631 days ago

IF YOU worked in health care you would know when a patient is a suspected addict, you do not give their drug of choice or any mood altering substance after a death loss. One anti anxiety would have been sufficient, not 5 different ones.

Any health care professional knows never to mix Benadryl with an anti anxiety drug. The mixture of those combination of drugs indicate to me a planned event.

The fact that Howard Stern had them prescribed to him and then gave them to Anna is a felony in Florida. He will be arrested on that if nothing else. They have a team that does nothing but investigate those cases. I admit it is very slow arresting the perp many times, but they are always arrested and charged.

Their statements and the prescriptions alone are enough for indictments, but most likely they are waiting to combine other charges with the indictments.

The Federal and State Grand Jury witnesses lists are sealed, and if
a respondent testifies before a state or federal grand jury , they are warned that if they reveal their testimony in any manner, they will be subject to criminal prosecution under Fla. Stat. 905.27, which prohibits, inter alios, a witness from ever disclosing testimony given before a grand jury.

With everyone wondering why all of a sudden there is complete silence from all the witnesses, you might consider the statement above.

Posted at 5:52PM on Aug 27th 2007 by Health Care Investigator

einy:  1669 days ago

Daniel floew into the bahamas last Sept 9, two days after Anna Nicole gave birth to his sister dannielynn. He was met by How K., who drove him straight to the hospital.
Here'a a time line of his final hours:
Midnight: Nurse Odumake Adenike goes to the room to feed dannielynn. Anna is chatting with daniel & Stern.
2am: Nurs Adenike returns to find Anna in her bed, Stern in another, with daniel resting in a chair.
2:20am: Stern leaves the hospital.
4am: Stern returns "with nothing in hand," reported Adenike.
6am: Phlebotomist mavis Davis sees daniel adjusting Anna's bed, while Stern sleeps in a bed by the door.
6:40am: Nurse Adenike notices daniel & Anna in the same bed "sleeping, Daniel alive."
8:10am: Midwife Catrinona McTaggart looks in. Mother & son are still in Anna's bed. Stern is in the other bed, and all were asleep.
9:38am: "Code Blue" in Room 201. "Son on back in bed, mother on kees said son not breathing," according to a summary of her statement. "(His) complexion plae, still."
As the hospital's "crash team" fought to bring daniel back to life, with performing chest compression, nurse noticed "mother praying, crying."
10:05am: Code Blue ends. Daniel, 20, cannot be resuscitated

Remember When:  1631 days ago

ANDERSON COOPER 360 DEGREES

Anna Nicole Smith Dead; Murder City USA: 24 Hours in New Orleans;

Aired February 8, 2007 - 23:00 ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

ANDERSON COOPER, CNN ANCHOR: We're in New Orleans tonight; sadly, not for a progress report, but for a reality check for a city that is now the murder capital of America. That story is coming up.
But first, the sudden death of a troubled celebrity, Anna Nicole Smith. The former "Playboy" playmate was found unconscious in a Florida hotel room. Efforts to revive her failed. She achieved fame with her looks, of course. She was also in and out of court. And she suffered tragedy, including the recent loss of her son. Today her turbulent life came to a mysterious end.

More now from CNN's John Zarrella.

(BEGIN VIDEOTAPE)

JOHN ZARRELLA, CNN MIAMI BUREAU CHIEF (voice-over): It began at the Hard Rock Hotel in Hollywood, Florida. Anna Nicole Smith was found unconscious in her hotel room this afternoon by her private nurse. A bodyguard tried to save her.

CHARLIE TIGER, SEMINOLE, FLORIDA, POLICE CHIEF: At 1:45, a bodyguard administered CPR to her.

ZARRELLA: Nine-one-one was called. Police were there within minutes.

TIGER: At approximately 1:45 p.m. today, the Seminole Police Department responded to the Hollywood Hard Rock Hotel in reference to a person needing medical assistance.

The person, later identified as Anna Nicole Smith, was transported by paramedics and transported to Hollywood -- was treated by paramedics and transported to the Hollywood Memorial Hospital.

ZARRELLA: Monica Alvarado was at the hospital when the ambulance arrived.

MONICA ALVARADO, EYEWITNESS: We just came out to get fresh air. And we seen a whole bunch of cops and an ambulance. And a friend of ours tells us that that was Anna Nicole in there.

They just moved everybody back. They didn't want nobody there. So, we got pushed back.

ZARRELLA (on camera): So, you couldn't tell whether they were still trying to work on her or anything? ALVARADO: They told her she was dead upon arrival.

ZARRELLA (voice-over): A tragic end to a woman who saw more than her share of tragedy.

Her son Daniel died this past September from a deadly combination of antidepressants and methadone while in the Bahamas. A doctor hired by Anna Nicole said it was accidental. Authorities there say there will be a formal inquiry into his death in March.

But Anna Nicole Smith's mother, Virgie Arthur, told Nancy Grace on "Headline News" that she believes it was not an accident.

(BEGIN VIDEO CLIP, "NANCY GRACE")

VIRGIE ARTHUR, ANNA NICOLE SMITH'S MOTHER: I just know that Danny didn't kill himself. He did not overdose himself.

(END VIDEO CLIP)

ZARRELLA: And, at the time, she had a warning for the daughter she called Vickie Lynn.

(BEGIN VIDEO CLIP, "NANCY GRACE")

ARTHUR: Vickie Lynn, you know I love you. Always have. And be very careful about who you hang around with, because you may be next.

(END VIDEO CLIP)

ZARRELLA: No one knows yet how Anna Nicole Smith died. There will be an autopsy Friday. But, for now, her family takes some solace in the idea of mother and son reuniting.

"There is no doubt that her son loved her," they said in a statement. "They lived out of each other's pockets while he was alive. And now they can finally be together again in heaven."

(END VIDEOTAPE)

COOPER: John, there's so many sort of legal battles now pending about this. We understand there's going to be an emergency hearing tomorrow about who is going to get access to this child. Do we know where the child is?

ZARRELLA (on camera): No, we don't. What we do know is that apparently the child was not at the Hard Rock Casino with Anna Nicole and Howard K. Stern, who apparently was here as well. Although, we have not seen him at all. But the child was not at the hotel. Do not know if the child was even in the state of Florida.

But, yes, we do hear there might be some paternity emergency hearing tomorrow and also we understand perhaps tomorrow there may be some DNA sampling done of Anna Nicole Smith either before or after the autopsy. But that's all we know about that at this point -- Anderson.

COOPER: All right. John Zarrella, thanks for that.

Michael Scott was Anna Nicole Smith's attorney in the Bahamas. He was also the lawyer for the estate of her son, Daniel. Scott ended up suing Smith and is still suing Smith's estate now for unpaid legal fees. I spoke to him earlier.

(BEGIN VIDEOTAPE)

COOPER: Mr. Scott, let's start with you. Your initial thought upon hearing of Anna Nicole Smith's death?

MICHAEL SCOTT, FORMER ATTORNEY FOR ANNA NICOLE SMITH (on the phone): Yes, it was -- actually, I was actually sh

einy:  1668 days ago

Dear Insane (LOL)
Daniel died from an overdose of Methadone (7 - 10 X). That was the reason he died in that hospital room, on that morning.
On September 20, 2006 the Bahamian authorities issued a Death certificate for Daniel Wayne Smith. Cause of death listed as "undetermined" - it remains that way "officially" to this day.
There are again three scenarios
1 - Accident
2 - Suicide
3 - Homicide

Howard was interviewed "numerous" times in the beginning by the Royal Bahamian Police. The questions concern WHERE did Daniel obtain the methadone. Howard claimed that he had no idea where the methadone came from. That would rule out two possible scenarios
1 - That Daniel "accidentally" drank something that had been prepared for Anna (abet with her consent) without Howard and/or Anna being aware of what he was doing.
2 - That Daniel "accidentally" swallowed a lethal dose of methadone, mistakenly believing that he was taking some other medication. For example, he had a headache and took pills from a bottle that he thought was aspirin.

- Since Howard told the investigators that he had no idea where the methadone came from then these scenarios could be ruled out.

Which leaves us with a third scenario of "accidental" overdose. Obviously this is the "scenario" that Dr. Wecht was trying to peddle - but the authorities in the Bahamas were not buying it. Remember it was 7 to 10 times a lethal dose. Wecht was reluctant to relate this because it throws his whole "combination of drugs" theory out the window. The dose of Methadone "in and of itself" would have killed Daniel, even if no other drugs were present in his system.
Which means that Daniel would have had to "accidentally on purpose" swallow a sufficient amount of Methadone to result in his death. Not a little bit extra, but 7 to 10 times extra.

Which leaves
Suicide and/or Homicide

The Stern camp was all over the media with the Daniel was depressed, he'd broken up with a girlfriend recently story - suggesting Suicide - similar to the Anna wanted to die like Monroe story -

This is plausible - but to my mind unlikely - and here we can disagree (legitimately)

That leaves Homicide
When pictures emerged of "methadone" in the refrigerator and evidence came out that Anna had been using Methadone - well the investigators became intrigued again - remember previously Howard said he didn't know how Daniel could have obtained Methadone.
No search warrant on the "Horizon" home was ever executed, but after first suggesting that the photos were staged - Ms. Sanchez (Howard's criminal defense attorney) admitted that the methadone had been there - they had to after Methadone was detected in the bile of Anna Nicole Smith.

So hence the inquest
To answer these questions that remain.

Is Howard in trouble - I'd say yes, serious trouble - because of the original story to the Bahamian police
That he had no knowledge of where Daniel obtained the Methadone.
That is what they are focusing on - the original story that they were told does not seem plausible given subsequent events.

This is not Rocket Science, it does not require a PhD to figure out that something is not right about the reason why this young man died the way he did.
It is that simple.

einy:  1668 days ago

Here is the problem that I have, and I’m sure many share, with the discussion on this board. It is nothing if not frustrating to keep having the same argument over and over again. The issue of the EXPERTS has been discussed numerous times re: The Autopsy Report. The continued assertion that 11 (count them 11) experts concurred with Dr. Perper’s final conclusion is ludicrous.
Which leads one to conclude: a) The person proposing the argument never read the actual report. B) That she/he read the report and didn’t understand it or c) that he/she did understand it and doesn’t care about the “truth” inherent in the argument.
Since this has been discussed dozens and dozens of times, which supposition would you have us believe?
So here it is again, for the 20th time, the FACTS re: Expert’s opinion in support of Doctor Perper’s final conclusion.

Let’s take the EXPERT’S one at a time.

einy:  1668 days ago

1 -Dr. Joshua Perper, Chief Medical Examiner, Broward County, Florida
2 - Dr. Gertrude Justes, Assoc. M.E. Broward County, Florida
So yes, we can agree that these two doctors concur with final autopsy results since they both signed of on the final version.
3. Chief toxicologist for Broward County Medical Examiner’s office
Also signed autopsy report, but only reported on drugs found in Anna Nicole’s system.

So we have two doctors, One Dr. Perper and two his assistant agreeing on the final conclusion. The third, in all fairness is simply reporting the toxicological results.

einy:  1668 days ago

EXPERTS: BROUGHT IN FOR CONSULTATION

- Cardiopathology
4. Michael Bell, M.D. Chief M.E. Palm Beach County Florida
5. Azorides R. Morales M.D. Chairman Dept. of Pathology Unv. Of Miami
Examination of heart. No significant structural abnormalities. “essentially negative, could fine nothing to cause or contribute to death in this case.”

- Neuropathology
6. S. J. Nelson M.D. Chief M.E. Polk County Florida
Only examined the brain. Findings: “essentially negative, could fine nothing to cause or contribute to death in this case.” Nelson makes sure that Dr. Perper understands his role in determining cause of death by including “my role was as your designated neuropathology consultant.” Meaning he was there is that capacity and no other.

- Hematopathology
7. Michael G. Bayer. Assoc. Professor, Department of Pathology M.S. Hershey Center, Hershey Pa.
Examination of spleen and bone marrow. “essentially negative, could fine nothing to cause or contribute to death in this case.”

So these 4 EXPERTS have absolutely no opinion on “cause of death” they simply offered an opinion on WHAT DIDN’T KILL HER.

einy:  1668 days ago

Which brings us to the last 3 EXPERTS consulted by Dr. Perper, all involved in the area of infectious disease and here it gets a bit murkier.

- Infectious Disease
8. G. D. M.D. - Chairman, Division of Infectious Disease. Unv. Of Miami (please refer to autopsy report, cannot post name)
9. M. Gorensek M.D. - Infectious disease Chief, Cleveland Clinic
10. CDC, Atlanta

Within Dr. Perper’s own lab CSF cultures, “failed to grow micro-organisms.” He then sent microbiological date out to another lab (but does not specify which one) and the CDC in Atlanta. Findings from these two independent labs were.
“The possibility that a contaminated product was injected into tissue cannot be excluded since the likely substance injected into buttocks could not be obtained and analyzed.”

einy:  1668 days ago

The lab(s) failed to culture micro-organism(s)” In the case of bacteriological pathogen(s) this could be due to the Ciprofloxacin that Anna was taking at the time of her death.

As far as viral assays the conclusion was “finding of Norwalk Virus could not be confirmed by either reference lab or the CDC”.

Nonetheless, Dr. Perper (and doctor Perper alone) concludes,
“It seems likely that bacteria from abscess entered the bloodstream and resulted in significant symptomatology.”

Furthermore he states
“Two reputable experts in infectious disease contend that his hypothesis is reasonable.”
Is reasonable, but not definitive - in medical terms this difference is significant.

-----------------------------

Dr. Perper states the following:
“Early in the death investigation…confirmation and quantification of several therapeutic drug levels, we started to believe that perhaps the cause of death was a combination of two natural conditions: the infection process related to the abscesses (note plural, my addition) if the buttock and the viral intestinal infection.”

einy:  1668 days ago

This was despite the fact that no microbiological evidence supported this conclusion.

einy:  1668 days ago

But on February 27, 2007 something changed. After the original toxicological tests were run and the results looked at, 19 days after the death of Anna Nicole Smith, the lab gets the result that Chloral Hydrate had been detected in “lethal” concentrations.

Dr. D. & Dr. G go on to state in their report,
“With the update of additional clinical information and of laboratory report that toxic levels of chloral hydrate were found in her blood, we think the more plausible cause of death was from a drug overdose.”

Note the use of the words “additional clinical information”. Someone had to inform Dr. Perper of Anna’s use of Chloral Hydrate or it was revealed through medical records.
Dr. D. & Dr. G. were not happy with what had just occurred so that wanted to make sure there position was clarified and added the following information to their report.
That their original opinion was based on “relevant details as we understood them on February 23, 2007” and was based on “clinical evaluation”.
That on February 8th (the day Anna died) there is “no medical details of her course (of Cipro) for this day.
That they had no information as to “the dosage of # of doses of ciprofloxacin” that Anna Nicole had taken prior to her death. Here they used the terms “if present” and “could have”.
They then go on to tell Dr. Perper that “There are two weaknesses in construction” of his findings
1 - “there were no pathogens identified in the post mortem blood cultures”
2. “a systemic sepsis syndrome of a severity that causes death is usually accompanied by histologic changes in the kidney, liver and other tissues”. Which were not found in this case.

Dr. D. & Dr. G. go on to conclude.
“How much her infections contributed to her demise is unclear and cannot be well defined. A drug overdose appears to fill the overall clinical history and post mortem findings.”

They WERE NOT supporting the conclusion that Dr. Perper was reaching for.

Now if there are OTHER EXPERTS whose opinion I missed when reading the Autopsy report please provide the names and a synopsis of their findings for evaluation.

einy:  1668 days ago

Here is the problem that I have, and I’m sure many share, with the discussion on this board. It is nothing if not frustrating to keep having the same argument over and over again. The issue of the EXPERTS has been discussed numerous times re: The Autopsy Report. The continued assertion that 11 (count them 11) experts concurred with Dr. Perper’s final conclusion is ludicrous.
Which leads one to conclude: a) The person proposing the argument never read the actual report. B) That she/he read the report and didn’t understand it or c) that he/she did understand it and doesn’t care about the “truth” inherent in the argument.
Since this has been discussed dozens and dozens of times, which supposition would you have us believe?
So here it is again, for the 20th time, the FACTS re: Expert’s opinion in support of Doctor Perper’s final conclusion.

Let’s take the EXPERT’S one at a time.

1 -Dr. Joshua Perper, Chief Medical Examiner, Broward County, Florida
2 - Dr. Gertrude Justes, Assoc. M.E. Broward County, Florida
So yes, we can agree that these two doctors concur with final autopsy results since they both signed of on the final version.
3. Chief toxicologist for Broward County Medical Examiner’s office
Also signed autopsy report, but only reported on drugs found in Anna Nicole’s system.

So we have two doctors, One Dr. Perper and two his assistant agreeing on the final conclusion. The third, in all fairness is simply reporting the toxicological results.


Then we move on to:
EXPERTS: BROUGHT IN FOR CONSULTATION

- Cardiopathology
4. Michael Bell, M.D. Chief M.E. Palm Beach County Florida
5. Azorides R. Morales M.D. Chairman Dept. of Pathology Unv. Of Miami
Examination of heart. No significant structural abnormalities. “essentially negative, could fine nothing to cause or contribute to death in this case.”

- Neuropathology
6. S. J. Nelson M.D. Chief M.E. Polk County Florida
Only examined the brain. Findings: “essentially negative, could fine nothing to cause or contribute to death in this case.” Nelson makes sure that Dr. Perper understands his role in determining cause of death by including “my role was as your designated neuropathology consultant.” Meaning he was there is that capacity and no other.

- Hematopathology
7. Michael G. Bayer. Assoc. Professor, Department of Pathology M.S. Hershey Center, Hershey Pa.
Examination of spleen and bone marrow. “essentially negative, could fine nothing to cause or contribute to death in this case.”

So these 4 EXPERTS have absolutely no opinion on “cause of death” they simply offered an opinion on WHAT DIDN’T KILL HER.

Which brings us to the last 3 EXPERTS consulted by Dr. Perper, all involved in the area of infectious disease and here it gets a bit murkier.

- Infectious Disease
8. G. D. M.D. - Chairman, Division of Infectious Disease. Unv. Of Miami (please refer to autopsy report, cannot post name)
9. M. Gorensek M.D. - Infectious disease Chief, Cleveland Clinic
10. CDC, Atlanta

Within Dr. Perper’s own lab CSF cultures, “failed to grow micro-organisms.” He then sent microbiological date out to another lab (but does not specify which one) and the CDC in Atlanta. Findings from these two independent labs were.
“The possibility that a contaminated product was injected into tissue cannot be excluded since the likely substance injected into buttocks could not be obtained and analyzed.”

The lab(s) failed to culture micro-organism(s)” In the case of bacteriological pathogen(s) this could be due to the Ciprofloxacin that Anna was taking at the time of her death.

As far as viral assays the conclusion was “finding of Norwalk Virus could not be confirmed by either reference lab or the CDC”.

Nonetheless, Dr. Perper (and doctor Perper alone) concludes,
“It seems likely that bacteria from abscess entered the bloodstream and resulted in significant symptomatology.”

Furthermore he states
“Two reputable experts in infectious disease contend that his hypothesis is reasonable.”
Is reasonable, but not definitive - in medical terms this difference is significant.

-----------------------------
Dr. Perper states the following:
“Early in the death investigation…confirmation and quantification of several therapeutic drug levels, we started to believe that perhaps the cause of death was a combination of two natural conditions: the infection process related to the abscesses (note plural, my addition) if the buttock and the viral intestinal infection.”
This was despite the fact that no microbiological evidence supported this conclusion.

On the 23rd of February, 2007 Dr.

einy:  1630 days ago

21278. Bahama Nana

Sounds like you might have easy access to the goings on in the Bahamas ( if you do ) run over to the courthouse and check this out.

Sept. 7 2006 ANS gave birth to a daughter
Name Hannabel Rose Hogan
on Sept. 26 , 2006 an attorney did a change to the BC (signed in the wrong place, plus illegal because he was not present at the birth.) Legal if he had been present, but still signed in the wrong place.
New name on Application for change or correction the 26th was Dannielyn Hope Marshall Stern .
some type of court procedure occurred after the 26th of Sept. in order for them to present this new BC. to be registered signed .
The New BC was presented to the Registers office on Oct 9,2006
Signed by the Register General on October 11 ,2006
TMZ published this BC in mid-October. HKS announced he was the father on LKL almost immediately

Posted at 9:30AM on Aug 28th 2007 by oops

einy:  1667 days ago

Anna Nicole Smith: The decision that wasn’t
Filan: Judges make hard decisions, and they do it without tears

NBC VIDEO
Experts criticize judge in Smith hearings
Feb. 23: TODAY host Meredith Vieira talks with Dan Abrams, NBC News' chief legal correspondent and MSNBC general manager, and Judge Leslie Crocker Snyder about Judge Larry Seidlin's conduct in the custody hearings over Anna Nicole Smith's body.

Today show

Slide show

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Birkhead leaves Bahamas with Dannielynn
May 1: In this exclusive video, Larry Birkhead boards an airplane in the Bahamas with his daughter, Dannielynn, in tow.
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Birkhead talks to MSNBC
Anna Nicole: Paternity solved
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Resource guide

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LEGAL ANALYSIS
By Susan Filan
Senior legal analyst
MSNBC
Updated: 6:43 p.m. ET Feb 23, 2007


Susan Filan
Senior legal analyst

Anna Nicole Smith should be buried by now.

In a matter of days, a judge should have been able to figure who has the right to her body and how the former model’s wishes factored into where she would ultimately be laid to rest — in the Bahamas next to her son, Daniel, or in Texas near her family
Story continues below ↓advertisement

But in the end, the judge couldn’t make a decision. He punted. After six days of irrelevant testimony and bizarre courtroom theater, Judge Larry Seidlin, through tears, gave her body to a 5-month-old and ordered her legal guardian, attorney Richard Milstein, to figure it out. The judge said he wanted Smith buried in the Bahamas next to her son but left it up to Milstein to do what he thought was right. And the judge told Milstein to work with the three warring parties — Smith’s partner, Howard K. Stern; mother, Virgie Arthur; and ex-boyfriend, Larry Birkhead — so the decision would be one of mutual agreement.

In less than an hour, miraculously, Milstein was able to do what the judge couldn’t. He got the parties to agree to bury her in the Bahamas, and they emerged from the courthouse arm in arm. Moments later, though, we learned that Arthur appealed the judge’s decision. Anna Nicole’s body is still at the medical examiner’s office, decomposing.

What would be Arthur’s grounds for appeal? First, that the judge got the law wrong, and quite possibly he did. The law seemed to be something with which he was wholly unfamiliar. The judge seemed like a preacher who had never read the Bible. Seidlin ruled that Dannielynn was next of kin, but the Florida statute says if a child is to be named next of kin, the child has to be 18 or over. If there is no adult child, the next of kin is a parent. Surely someone knows the answer to this, don’t they?

Second, Florida law also looks to a person’s intent, and to determine intent you ask people who knew her what they think she would have wanted. No one except her estranged mother thought she should be buried anywhere but with her son. Whether her son should have been buried in the Bahamas is a separate question, one which this judge had no power to decide. And since he couldn’t order Daniel exhumed, there was no other choice but to bury Anna Nicole in the Bahamas next to her son.

If the judge followed the statute and ruled Arthur was next of kin, Smith’s wishes would have been disregarded and she would have been buried in Texas.

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Under the Florida statute, I don’t see how a 5-month-old can be ruled next of kin. Nor do I s