Attorney Discusses Smith's Body Battle
A court hearing in Florida today may decide who gets custody of Anna Nicole Smith's body.
That is just one of the many legal issues that are still up in the air since Smith died a week ago. Roy Black is a prominent defense attorney. He spoke with The Early Show's Julie Chen about the arguments that are expected in court today in the battle over her body.
"This is one of those wonderful thorny legal questions that we lawyers love. I think what the judge is going to have to do is first take a look at the will," Black said. "If, in the will, she says how and where she wants to be buried, then that's going to be a preeminent. However, without that, it goes to the next of kin. The next of kin is the child, which is 5-months-old, so then you have to look at the guardian or parent. Howard K. Stern is listed as the father.
"So, right now he's going to be making the decisions, unless, and I say unless, the judge says, 'OK I'm not convinced that Howard is the father, other guardian, and I want DNA testing,' then it could take weeks for the determination."
Black said that Smith's body will be on ice until a decision is made. "The medical examiner has filed an affidavit saying he wants the body removed and buried as soon as possible," Black said. "So I would think there's some pressure on the court to make a quick decision."
Smith's mother traveled to Florida because she wants her daughter buried in Texas, where she was raised. Black said that of the two, Stern has the stronger case.
"He's the guardian or father of the child, so under Florida law he's going to make the decision. This is important for the medical examiner to get right and he's fortunate its in court. He could get sued if he turns the body over to the wrong person," Black said.
Meanwhile, Larry Birkhead is in California court because he wants DNA taken from Smith's body. Black says that the circuit court in Broward County, Fla., has jurisdiction over the body and DNA testing is not important right now.
"The medical examiner routinely takes many samples," he says. "Particularly in this case where he has to determine the cause of death. He has taken plenty of blood, vials of blood, he's taken samples of all her organs. There's plenty of DNA material to be tested. They don't need the body for that."
For years Smith tried to get her share of her deceased billionaire husband's estate. Black said that case will be vigorously pushed ahead.
"Ironically everybody involved is now dead so all their estates are litigating this," he says. "But whoever is the guardian of the child has the right to proceed ahead with her estate because that child would get money as her sole heir. So, it's important for that to be litigated. At the end of the day the child could be very wealthy."
When asked who he would represent in this case, Black said Smith's daughter Dannielynn has the best cause of action.
"But the problem is going to be — who is the father? You know what? Without a DNA test, we just don't know," he said.