Inside Judge's Chambers In Smith Battle
Beth Karas, a correspondent for Court TV, was in Circuit Judge Larry Seidlin's chambers Thursday as lawyers from all sides stated their case for custody of Anna Nicole Smith's body. She spoke with The Early Showco-anchor Harry Smith about the eventful day in court.
Karas said the room in which the legal wrangling took place is actually the judge's chambers.
"He's in his 29th year as a judge, so because of seniority he gets big chambers, enough to fit as many people as wanted to get in there. We were sitting on the floor, people standing," she said. "Today though there's going to be a courtroom. It was decided it was just too small in there as big as those chambers are."
The judge ordered another DNA swab to be taken on Thursday from Smith's cheek to avoid having to exhume her body at some later point.
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Both Smith's ex-boyfriend and Zsa Zsa Gabor's husband are seeking DNA testing to determine whether one of them might be the father of Smith's 5-month-old daughter. Gabor's husband, Prince Frederic von Anhalt, says he and Smith had a decade-long affair.
Friday's first order of business is to get an agreement on embalming the Playboy Playmate's body. First, he has to see if lawyers for Birkhead have any objections to DNA samples taken yesterday.
"He brought the medical examiner in, took some testimony and then ordered him to take a cheek swab, even though the M.E. said we took more samples, knowing there's this paternity issue pending. But he said it's not invasive to the body so he took a cheek swab about 2 o'clock yesterday afternoon," she said.
Karas said the lawyers were not present when the cheek swab was taken Thursday. But, he said, "they went and looked at the samples in another room at about 4 o'clock."
She explained the identities of the collection of people in the judge's chambers yesterday.
"There are attorneys for three different parties, and Anna Nicole's mother. Also her companion, Stern. He says he is the executor of the will but no court has appointed him executor yet because no will has been filed yet. Also the ex-boyfriend, Larry Birkhead, had two lawyers present and one by phone for him," she said.
Karas gave her prediction on what will happen today in court.
"What's going to happen first thing today is the judge today is expected to sign an order to have her embalmed. That's if the attorneys were able to find a mortician or a funeral director here in Broward County they are both satisfied with. He or she will go to the M.E.'s office and embalm her probably today that will preserve the body until custody is decided," she said.
Karas says the court has appointed a guardian ad litem Anna Nicole and her baby, Dannielynn, in the event that the baby's interests become an issue.
"He wants not one of the interested parties there speaking for her, but a guardian," she explained. "The judge has an ad litem also to assist him in making this very complicated decision in who gets control of the body. I don't know that Howard Stern will actually get it unless that will gets filed and they open the estate and begin the probate."