Friday, February 16, 2007

Breaking: Stern ordered to appear in Court

Net the Truth Online report
from first-hand viewing Court TV news Live and MSNBC video

Judge Larry Seidlin orders Howard K. Stern to be physically present in Florida court on Tuesday to take testimony from him.

Stern reportedly has been Smith's confidant for many years, and is named on birth documents as the father of Smith's child, five-month old, Dannielynn.

Unresolved to date is the surname of Dannielynn as apparantly, Anna Nicole Smith has not changed her name to reflect the surname of Howard K. Stern.

Anna Nicole Smith's counsel attempted to have the testimony of Howard K. Stern only focused on burial issues, but Seidlin seemed to reflect by his wording that Stern would testify on the issues before the court, any matters before the court, said Judge Seidlin in low tones. He said he won't defer to California.

Intermixed throughout were Seidlin's comments of concern for the child, and the sanctity of Anna Nicole Smith's remains.

Among the issues suggested during the hearing today were primary ones concerning Smith's burial, place of burial, and when she would be buried. Yesterday, Judge Seidlin appointed an Administrator ad litem who he said would give advice to the court concerning the two options of burial. Those were the Bahamas and the United States, specifically Texas.

Smith resided in the Bahamas but it remains unclear whether her legal status is as a resident under Bahama law.

Smith was born in Texas, where her biological mother resides.

However, during the proceedings, Judge Seidlin had ordered another sample of DNA to be taken from Smith's body yesterday, and a counsel for Larry Birkhead was to be permitted to review the material already existing and the new material for adequacy in the case of any paternity hearings.

On Thursday, Judge Seidlin indicated in a question that the biological father should be known because the next of kin Seidlin considered valid for burial purposes was five-month old Dannielynn. The next-of-kin to Dannielynn would be her biological father, at this point in time unknown.

Court TV News is reporting that Howard K. Stern and Anna Nicole Smith did not undergo a marriage ceremony, but a committment ceremony.

Interviewing James Martin, probate attorney who has explained in depth Florida law regarding next-of-kin who would have an interest in the disposition of the deceased person's remains.

Martin authored

Copyright 2004 by James W. Martin, Esq.
Published in The Florida Bar News, June 1, 2004

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