from first-hand viewing of Court TV News Live and MSNBC video
http://www.msnbc.msn.com/id/17158664/
Anna Nicole Smith could not have received a better gift in life as she has in death.
A Judge who is truly interested in the welfare of her daughter, Dannielynn, 5-months of age.
Yesterday during a hearing in Broward County, Florida court the probate judge with jurisdiction in the case of dispostion of Smith's body, Judge Larry Seidlin, was unequivocal on the most important person, while maintaining the sanctity of Smith's body.
He had placed at the top of a chart the words: The Child
Yestderday, the Judge at one point queried that the court should know who is the biological father, in order to determine the next-of-kin, who he considered to be in first order, Dannielyn.
Counsel for Larry Birkhead who claims he is the biological father was emphatic about an order to determine paternity should be carried out. There is an outstanding court order in a California court, but that has not been enforced.
After hearing from every viewpoint, Judge Seidlin ordered that another sample for DNA be taken that afternoon. The medical examiner, Dr. Joshua Perper, had admitted that a swab of Smith's mouth had not been taken, other than one used to test for cocaine use.
That material may have been compromised, and could possibly not be used later if needed for further DNA testing.
Judge Seidlin ordered a fresh, new swab to be taken at 1 PM that afternoon.
Judge Seidlin also ordered appointment of a guardian ad litem for Dannielynn.
When the court reconvened after 2 PM, it was revealed the swab had not been taken because one of the counsel for a party was not present in a separate area from the autopsy room.
Only the medical examiner and assistant were to be present in the autopsy room and have any access to Smith's body.
Seidlin noted all were to be afforded the opportunity to be present nearby, and reinforced the order for the swab to be taken at 4 PM.
Discussion also centered on the disposition of Smith's body for burial purposes. That issue remained to be addressed in the next day's proceedings. The group did discuss the logistics of the embalming process. Judge Seidlin listened to concerns about security, press photographs, access to Smith's body at a funeral home location, and so forth.
Judge Seidlin appeared to mediate all aspects of the issue. Finally, counsel agreed to the embalming taking place in the security of the medical examiner's office.
Today, the Judge is continuing to be expansive and lenient to all parties.
Discussion immediately centered on the embalming of Smith's body. Seidlin swiftly ordered that to occur.
Counsel for Larry Birkhead brought up the issue of the will, which counsel for Howard K. Stern had mentioned during the proceedings yesterday.
Steven Turnstall (sp) counsel for Smith's mother, Vergie Arthur, had termed the will the "phantom will" previously.
He brought up the issue again with a demand to have the will produced now.
Judge Seidlin heard from Howard K. Stern's counsel who attempted to address jurisdictional concerns as well as from Mr. Rale, Anna Nicole Smith's counsel.
Stern according to Mr. Rale is named as the executor, but may bow out to Rale.
Rale offered that the Bahamas had jurisdiction over other legal matters, including opening and reading of the will. However, a death certificate from Florida would be needed. That has not yet been forthcoming.
Judge Seidlin determined the will was necessary to determine potentially the wishes of Smith regarding her own internment.
Seidlin has ordered as Exhibit A, the last will and testament of Anna Nicole Smith.
Christa Barth counsel to Howard K. Stern
Nancy Haus counsel to Larry Birkhead
Sandra Brown counsel to Larry Birkhead
Court TV discussion occurs throughout
Obtain video Live MSNBC
http://www.msnbc.msn.com/id/17158664/
Judge Signs Order to Move Forward With Embalming of Anna Nicole Smith
Friday, February 16, 2007
FORT LAUDERDALE, Fla. — A judge signed an order Friday moving forward with the embalming of Anna Nicole Smith, but the legal battle over custody of the former Playboy Playmate's body continued.
Circuit Judge Larry Seidlin has repeatedly said that the hearing over the final resting place of Smith's body — which headed into its third day Friday — could be lengthy.
"I want peace and tranquility, not only for the dead but for the living," he told participants Friday.
Smith's longtime companion, Howard K. Stern, claims he is executor of her will and wants her buried next to her son in the Bahamas. Her estranged mother, Vergie Arthur, wants her buried in Smith's home state of Texas.
On Thursday, the judge ordered that additional DNA be taken from Smith's body, saying he wanted to make sure her body wouldn't have to be exhumed.
"When we bury her, I want it to be forever," Seidlin said.
Photographer Larry Birkhead hopes DNA taken from Smith will help prove he fathered the former centerfold's 5-month-old daughter, Dannielynn, who could inherit millions. Stern says that he is the father, and his name is on Dannielynn's birth certificate...
http://www.foxnews.com/story/0,2933,252388,00.html
Meanwhile
The battle for Anna Nicole’s body
Rulings flew back and forth as the model’s body remained unburied
http://www.msnbc.msn.com/id/17158664/
Smith's death unexplained after autopsy
POSTED: 4:22 a.m. EST, February 10, 2007
http://www.cnn.com/2007/SHOWBIZ/TV/02/09/smith.dies/index.html
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