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FORT LAUDERDALE, Florida (AP) -- Judges on both coasts weighed in Wednesday on what to do with Anna Nicole Smith's body amid the custody dispute over her infant daughter, moving closer to releasing the former Playboy Playmate's body for burial.

A Florida judge, citing a California court's order last week for DNA testing on Smith's body, ordered a morgue not to release the body.

A Los Angeles judge, however, quickly lifted a request that the body be held.

"California has no need for the body of Anna Nicole," said James Neavitt, an attorney for Howard K. Stern, one of several men claiming paternity of 5-month-old Dannielynn.

Neavitt said Florida officials who performed the autopsy on Smith have preserved her DNA.

Attorneys for Stern went back to Circuit Judge Lawrence Korda in Florida to ask that the body be released.

Korda ordered the body held for 10 days after a brief meeting in his chambers with attorneys for photographer Larry Birkhead, who claims to be the baby's

2007-02-14 08:38:02 · 9 answers · asked by ஐ♥Julian'sMommy♥ஐ 7 in Entertainment & Music Celebrities

father.

Birkhead petitioned the Florida court Tuesday, asking that the California court order for DNA testing filed Friday -- the day after Smith died -- be enforced in Florida.

Nancy Hass, an attorney for Birkhead, said the Birkhead camp feared that accurate DNA testing would not be possible if the body was released and moved out of state.

Smith's mother, Vergie Arthur, and Stern had been opposing last week's decision by the Los Angeles judge. Stern and Smith's mother also fear that if the body is not embalmed, even though it is refrigerated, it will not be suitable for viewing or funeral purposes.

"We would just want ... to proceed with a proper burial," Ron Rale, the attorney who had represented Smith in the California court battle over paternity, said before the hearing in Los Angeles.

"According to Anna's wishes, it (the body) should be released to Howard Stern, not to Vergie," Rale said. "No one should go about touching Anna Nicole."

2007-02-14 08:38:42 · update #1

The Florida request was made so that work done to secure the Los Angeles court order "not be in vain," said another Birkhead attorney, Debra Opri.

A Bahamian judge issued an injunction Tuesday preventing the baby from being taken out of the country until the custody case is resolved. Arthur wants to be named guardian of her granddaughter and sought the order because she feared Stern would take the child from the Bahamas, her lawyer said Wednesday.

Arthur has said she fears for the baby's safety, noting Stern was present when Smith died and when Smith's son, Daniel, died in the Bahamas in September, three days after Dannielynn was born. Stern has said Smith hated her mother.

As the dispute unfolded in court, Broward County medical examiner Joshua Perper warned that Smith's corpse is decomposing and should be released. Perper filed an affidavit Tuesday urging the prompt release of the body, warning that "any further delay would result in destructive changes to the body."

2007-02-14 08:39:39 · update #2

Smith, 39, died February 8 after collapsing at a hotel. She was the widow of billionaire J. Howard Marshall II, whom she married when he was 89 and she was 26. She had been fighting his family for years over his fortune.

Daniellynn could inherit millions from her mother's estate.

Susan Brown, who with Hass represented Birkhead at Wednesday's hearing in Florida, said she did not object to Smith being embalmed.

Perper said the model's body will remain refrigerated until he receives a judge's order.

Rale is executor of Smith's estate. He and Stern, a co-executor, are authorized to make funeral arrangements. Rale, however, told Associated Press Television News that Smith's mother was fighting to bring her body home to Texas for burial.

"I implore Anna Nicole's mother to do the best for her daughter, carry on with her wishes and her wish is not to go to Texas," Rale said.
http://www.cnn.com

2007-02-14 08:40:31 · update #3

9 answers

Anna Nicole Smith deserves to rest in peace. She has joined her son in the afterlife and is very happy now. What's important now is that little baby be will someone who will love her and raise her right. Anna's life was so tragic. Many people saw a little bit of themselves in her (making mistakes in life, growing up poor, being used, being robbed of the things that are rightfully ours, etc.) that's why so many of us are saddened by her death. May she rest in peace and her family be allowed to say goodbye very soon.

Post as much as you want about her.

2007-02-14 09:03:50 · answer #1 · answered by StormyC 5 · 1 1

Congrats!!!You have successfully been able to ask a simple question about this case WITHOUT getting your head ripped off and accused of having no life, and not letting the dead rest, UNLIKE myself and the 2 questions I had about the case, I was fortunate enough to hear the this when any question, such as ours, gives her the benefit of the doubt, how the hell is that considered NOT giving her peace, but on the contrary doing just that so she CAN rest in peace!! To all you people out there who cant handle any questions regarding the rights of Anna's resting place, her questionable death, the poor infant and clueless estranged 'my-daughter-disowned-me-mom ' ,I suggest you find something to do with your time instead of accusing people who have questions about it, of having no respect for the dead. Celebrity or not, she is still a human being, and her hands are in the same judicial system that ours would be if it were any one of us non-celebrities! I also happen to be in the same county that all this is taking place so it's on every waking channel here in Broward practically, and I feel that she WILL be at peace when people stop saying'who cares'? and "why do you care"? and "why not just shut up about it"? meanwhile, she sits in a freezer????Is that giving the dead any respect? Thanks for generating some intelligence with your question on this case, you have better luck than I.

2016-05-23 23:20:08 · answer #2 · answered by Anonymous · 0 0

This case is very important and I hope the world is watching it closely and carefully.

This is because you have three sudden deaths.. one occuring in a hospital.. one whilst a nurse was present.. all were suspect.. all within 9 months.. it wouldn't be such an issue if there wasnt so much money at stake..

It's VERY suspect in anyone's language..

Perhaps the most suspect aspect is that you have a mother of a child and grandchild.. who both are now dead.. and who desperately wants ot take her great grandchild now.. and should have every right..

This Stern guy.. should be investigated.. he was the one who procured ALL the medicine that Anna and her son took when they died.. now he is the one claiming full ownership of her estate through paternity with Dannylynn..

If he actually gets it.. and if later the child also dies.. then it kinda all but proves to the world that where money is involved.. certain people will do anything to get it.. even murder 3 generations of a famous family.. and even trump up DNA tests and rig outcomes with judges..

Lets see what happens.. if it all goes Sterns way.. I'll be VERY VERY suspicious about the whole American legal system.. not to mention the integrity of its people.. who should be the ones now stamping their feet in utter disgust and demanding an open and transparent DNA test.. and open and transparent investigation..

If it's swept under the rug.. then it would seem Stern who is a lawyer himself.. has some very buyable contacts.. and lets face it.. with a $1.6 billion estate at hand.. a lot of judges have been bought for less..

Let's see what happens..

Hopefully the world will not accept another young dead cultish celebrity from USA.. it just seems to be a trend over there.. there is a history of famous upstarts making a fortune then suddenly dieing.. Anna is sadly another one of those statisics in my book.. as her drug abuse was minimal compared with the likes of Paris Hilton, Lindsay Lohan and the Hole singer.. not to mention the rock and roll crowd.. and most of them dont carry a nurse around with them either.. as Anna did.. why is it both Anna and her son have died by overdose when neither was known to have any major drug problem.. more a prescription pill problem.. its not like Anna was smoking crack or shooting up heroin.. those are the killer drugs.. not methodone. and many Hollywood stars are known to take heroin and crack for decades and still manage to live long lives .. The night Anna died.. she did not even have alcohol in her system as claimed by Stern and the nanny..

so how did she die exactly????

I think this is murder and I think the USA legal system has an OBLIGATION to the world.. to do the right thing and hold the guilty party responsible.. like I said.. if this is another one to be swept away.. it'll be another nail in the credibility of USA.. and as if Iraq didnt do enough harm.. this will reduce u to laughing stock status.. coz the WORLD IS WATCHING!!

2007-02-14 09:16:54 · answer #3 · answered by Anonymous · 1 1

Cuz those 'Fathers' who all claim to be father to her child want the kid's money her kid is going to be like cinderella if that guy whoose name on the birth certficate isn't her father
and people just love gossip

2007-02-14 08:46:19 · answer #4 · answered by Anonymous · 0 0

She'll never rest in peace and will still be talked about and have a bunch of books written about her, just like Princess Diana.

2007-02-14 09:02:39 · answer #5 · answered by Randy Johnson's Mullet 5 · 0 2

Some one stole her will so they don't know who gets custody of the baby or her body.

2007-02-14 08:49:07 · answer #6 · answered by Jessie 2 · 0 2

She never lived in peace...so she'll never rest in peace.

2007-02-14 08:53:51 · answer #7 · answered by queenoftheworld 4 · 0 2

Gheesh, what are you a novelist !!!!

2007-02-14 08:44:19 · answer #8 · answered by day by day 6 · 0 0

no one cares about anna nicole smith anymore...let her rest in peace, don't let her rest in peace...WHAT EVER. Please please please just stop talking about her.

2007-02-14 08:41:50 · answer #9 · answered by duvalicious 4 · 0 4

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