DNA Expert In Nassau For Smith Case
Another hearing is scheduled Tuesday in the Bahamas involving the custody of Anna Nicole Smith's daughter, Dannielynn.
The judge says he wants to see Howard K. Stern, who is listed as the father on her birth certificate, and Larry Birkhead, Smith's former boyfriend who insists he's the father of the infant.
Jean Casarez, a correspondent for Court TV, is covering the Smith case in the Bahamas and spoke with The Early Show co-anchor Hannah Storm about what's expected to happen in court.
Casarez said that a DNA expert has arrived in Nassau but that the judge cannot technically order anyone to be tested.
"We know that's what Larry Birkhead wants," Casarez said. "Court TV news has confirmed that Dr. Michael Beard, a DNA expert from the United States, has arrived here in Nassau. But under the law here in the Bahamas, a judge, in fact, cannot order a DNA test to take place, but they direct the applicant to have a test taken. Now, that seems different, but the same in nature. But a direction is not an order, because a direction is an advisement, a request. Remember, here in the Bahamas, it's based on common law of England and you don't want to be too intrusive to someone and that's the back ground of the laws here."Timeline: Anna Nicole Smith
Casarez said that Stern could refuse to submit to a DNA test and may not allow for the infant to be tested.
Photos: Anna Nicole Smith — Tragedy Strikes
"He has to consent for the baby girl to take the DNA test," she said. "Now I've heard from attorneys here in the Bahamas that the end result could be a contempt of court if he does not consent to the test and so the outcome could possibly be the same but the procedure is very different."
Stern did not turn up for Friday's court hearing. He has been secluded with the baby in the home they share in the Bahamas. Birkhead left Friday's court hearing "in a happy mood" for undisclosed reasons.
Birkhead and his high-powered attorney, Debra Opri, decided to part ways late last week. In an interview with MSNBC's Rita Cosby, Opri said that she terminated the relationship because of the growing unhealthy influence of Stern.
"Emrick Knowles, who is his Bahamian lawyer, he's had him for a long time … he is focused right now on the Bahamas. When I asked him if he was going to get another California lawyer, he said, 'Not right now, I'm just going to focus here on my case in Nassau,' " Casarez said.
Virgie Arthur, Smith's mother, is setting out to prove she can provide a more stable home for the baby than Stern.
"She's counterclaimed for guardianship here," Casarez said. "Court TV news has learned that there is actually a home that is all set and ready for her to move into and the court knows about this, if she would get the guardianship of the child. At the same time, I think she and Larry Birkhead are working together right now. I think they're both trying to get the child away from Stern. Versus Stern is saying, 'I'm the father, it's on the birth certificate, let's just let status quo stay as it is.' "
There have been reports about the amount of drugs that Smith was taking before her death Feb. 8. Casarez said these reports could have an impact on the custody of Dannielynn.
"On this hearing it possibly could, in the area of guardianship, because you want the best welfare of the child. Howard K. Stern was by her side," Casarez said. "It's interesting, when I was in Florida for all the testimony, two of those drugs that are on the laundry list, Howard K. Stern mentioned in his testimony in court."