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Anna's Mom's Lawyer Says Drugs Caused Rift

There was a contentious court hearing on Thursday as attorneys for Howard K. Stern, Vergie Arthur (Anna Nicole Smith's mother)and Larry Birkhead met in Florida.

The parties were fighting over who has custody of Anna Nicole Smith's body, DNA tests, and the custody and paternity of her daughter, Dannielynn.

Attorneys for Stern claim that he is executor of Smith's estate and he insists that Anna would want to be buried in the Bahamas, next to her son, Daniel. Smith's mother counters that she is the next of kin and that she wants her daughter buried in her home state of Texas. Ex-boyfriend Birkhead wanted to get another DNA sample to help prove that he is Dannielynn's father.


Anna Nicole Smith: The Latest Photos

Photos: Anna Nicole Smith


Co-anchor Hannah Storm spoke with Stephen Tunstall, Vergie Arthur's attorney, on The Early Show on Friday.

Tunstall says his client believes she has the right to her daughter's body by way of the law.

"She's her mother and that's what the laws of Florida call for," he says. "there is a Florida law that says that my client is the next of kin. Because the child is 5 months old."

There are reports that Anna Nicole purchased a burial plot into the Bahamas next to her son, Daniel, who died just after she gave birth to Dannielynn in September. Her companion, Stern, said her wishes were to be buried next to him. So, why does her mother feel it's important to be buried in Texas?

"Because of the fact that's where her entire family is from. That's where she was born and raised," Tunstall says. "This whole business about the Bahamas, where does that come from?"

Before Smith's death, she made it clear in interviews with "Entertainment Tonight" that she wanted nothing to do with her mother.

Smith claimed that her mother abused her in one "ET" interview.

"You want to hear all the things she did to me? All the beatings and whippings? That's my mother," Smith said. "That's my mom."

Tunstall said Arthur and Smith were estranged because of drug use.

"Anna Nicole was estranged from her mother. I don't disagree with that," he said. "But the fact is the reason she was estranged was because of drug use for the last 12 years. Now, Anna Nicole was a beautiful, vibrant woman. She died when she was 39. About four months ago, my client's grandson died of drug abuse, yes. Were they estranged? Yes, they were. That does not mean that Anna Nicole Smith was not my client's flesh and blood.

"She wants to bring her home to have a decent burial. Howard Stern, who is this man? They have come into court and said that Mr. Stern is the executor of an estate. The will says this, the will says that. Why won't they produce the will so we can all see what Anna Nicole Smith had to say? They won't do it."

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