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Your World Today
Clashes in Muslim-Jewish Holy Site in Jerusalem; Classified Pre-War Intelligence Report; Anna Nicole Smith Autopsy
Aired February 09, 2007 - 12:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
HALA GORANI, CNN INTERNATIONAL ANCHOR: A repair project heightens tensions. Palestinians clash with Israeli police near a holy site in Jerusalem sacred to both religions.
JIM CLANCY, CNN INTERNATIONAL ANCHOR: A damning report. A new investigation shows pre-war intelligence work at the Pentagon was wrong and inappropriate, but concludes it was not illegal.
GORANI: And a turbulent life. Police try to find out what killed an American celebrity who gained notoriety and the widow of an elderly billionaire.
CLANCY: Glowing reviews, sold-out concerts, and now a Grammy nomination. The sweet sounds of the Soweto Gospel Choir.
GORANI: It is 8:00 p.m. in Baghdad, Iraq, noon in Washington, D.C.
Hello and welcome to our report broadcast around the world.
I'm Hala Gorani.
CLANCY: I'm Jim Clancy.
From Johannesburg, to Jerusalem, wherever you're watching today, this is YOUR WORLD TODAY.
Well, as Palestinians celebrated a breakthrough deal on the streets of Gaza that could ends months of factional fighting, violence breaks out at one of the holiest sites for both Muslims and Jews.
GORANI: We're following two major stories out of the Middle East this hour, the agreement between Hamas and Fatah and a Palestinian unity government, as well as clashes over a construction project in Jerusalem's Old City.
CLANCY: All right. We have two live reports for you from Jerusalem. Ben Wedeman is covering those clashes at what is known as the Noble Sanctuary for the Palestinian Muslims, the Temple Mount to Jews. And Atika Shubert has details of the Palestinian power-sharing deal.
But let's start with Ben Wedeman.
Ben, the situation now has calmed. Was this predictable?
BEN WEDEMAN, CNN INTERNATIONAL CORRESPONDENT: This was very predictable, Jim. In fact, beginning Tuesday, you could almost feel palpably the tension mounting as Palestinian leaders condemned this renovation work by the Israeli authorities on a ramp leading to the Noble Sanctuary, as it's known to the Palestinians, as Temple Mount, as it's known to the Jews. It almost seemed inevitable that this was going to happen.
Today, somewhere between 2,500 and 3,000 Israeli policemen and security forces were deployed in and around the city in anticipation of exactly that. And what we saw was that, at the end of Friday prayers, when there were about 4,000 worshipers who were allowed into the mosque, some young worshipers began to throw stones at Israeli security forces.
The Israelis responded with stun grenades, with tear gas, and with, in some cases, rubber bullets. And pandemonium ensued. It went on for about an hour and a half.
During that time, some of the worshipers took refuge inside the Aqsa mosque itself as Israeli forces basically took over the entire compound of the Aqsa mosque. And that standoff went on for quite some time until Arab members of the Israeli Knesset, or parliament, came in and worked out a resolution to that standoff. But really the clashes went off not just in the Aqsa sanctuary -- or, rather, compound -- but in many parts of the Old City.
And it's only probably because the weather has turned very cold and very rainy that it appears that those clashes have abated, at least for now -- Jim.
CLANCY: Ben Wedeman reporting live there for us from Jerusalem.
Thank you, Ben.
GORANI: Well, now to our other top story, the new unity government that Palestinian leaders hope will end factional warfare and win back crucial international aid to the government of the Palestinians.
Atika Shubert has details of the deal reached in Mecca, as well as reaction from the streets of Gaza.
You returned just a few hours ago from Gaza, Atika . What was it like there on the day after that deal was reached?
ATIKA SHUBERT, CNN CORRESPONDENT: Well, as soon as news of that agreement broke out, people flooded out onto the streets in celebrations, firing guns into the air until the early morning hours. So, clearly, people there are happy that this agreement was reached. Many of them saying that they are relieved.
But interestingly, few are optimistic that it will actually end the violence once and for all. Part of the reason for that is because the main points of this new government were really already discussed several months ago, and there are still several questions that remain unanswered, specifically control over the various Palestinian militias and security forces, who will control them. And the second question, of course, is actually the government's policy, specifically towards the recognition of Israel and abiding by previously signed peace agreements.
These are crucial questions, because -- because the new government will have to meet these conditions in order for sanctions to be lifted on the Palestinian authorities. So, still some questions that need to be answered.
GORANI: All right. Atika Shubert, thanks very much for that report live in Jerusalem.
CLANCY: Now, we're going to have in-depth coverage of both the clashes and the unity talks in the Middle East throughout the day.
GORANI: Well, we also want to hear what you have to say, to. E- mail us with your thoughts.
CLANCY: Our question this day: Do you think Israel should repair that walkway?
E-mail your comments to yourviews@cnn.com.
A U.S. official accused of shaping pre-war intelligence on Iraq in the push to war has been cleared of any illegal activity, but a new Defense Department review of what happened concludes the intelligence was manipulated. That report was sent to Capitol Hill on Doug Feith a little bit earlier.
Pentagon Correspondent Barbara Starr is live with further details of it -- Barbara.
BARBARA STARR, CNN PENTAGON CORRESPONDENT: Well, Jim, this has been a very controversial matter for some time now, even as we head up to the fourth anniversary of the war in Iraq. Still a lot of questions about the intelligence that lead to that war.
Front and center at the Senate Armed Services Committee hearing this morning was this whole question. The man that they are talking about was not there.
He is Doug Feith, the former undersecretary of defense for policy. And the inspector general's report was all about the conduct of his office in the months leading up to the war.
His office reviewing some intelligence from the CIA and coming up with different conclusions that many people say in retrospect were faulty conclusions. The chairman of the Senate Armed Services Committee spoke about all of this at the hearing.
(BEGIN VIDEO CLIP)
SEN. CARL LEVIN (D-MI), CHAIRMAN, SENATE ARMED SERVICES COMMITTEE: Intelligence relating to the Iraq-al Qaeda relationship was manipulated by high-ranking officials in the Department of Defense to support the administration's decision to invade Iraq when the intelligence assessments of the professional analysts of the intelligence community did not provide the desired compelling case. The inspector general's report is a devastating condemnation of inappropriate activities by the DOD Policy Office that helped take this nation to war.
(END VIDEO CLIP)
STARR: And, of course Mr. Feith at the time running the DOD Policy Office. He is now in the private sector, but he issued a statement today calling the conclusions of the report absurd. Nonetheless, the inspector general says while it was not illegal what he did, he called it inappropriate -- Jim.
CLANCY: All right. Barbara Starr reporting to us there live from the Pentagon -- Hala.
GORANI: The U.S. defense secretary, Robert Gates, says the U.S. is trying to soften its tone with Iran, not add to the rising tension. Gates made the comments as he met with his NATO counterparts for the first time in Europe.
However, Gates also said the U.S. military has found serial numbers and other markings on explosives used in Iraq. He said that's pretty good evidence that Iran is providing weapons or technology to militants there.
CLANCY: All right, Hala, let's check some of the other news that we're following this day.
HEIDI COLLINS, CNN ANCHOR: Good afternoon, everybody. I'm Heidi Collins, here at the CNN Center in Atlanta.
We are breaking in to YOUR WORLD TODAY for just a moment here. We want to bring you the latest developments in the Anna Nicole Smith situation.
As you well know by now, I'm sure, she was pronounced dead yesterday at the hospital after finding her in her hotel room at the Seminole Hard Rock Casino and Hotel in Broward County, Florida. A 39-year-old actress and former "Playboy" bunny.
We want to go straight to Susan Candiotti, who is standing by in Broward County now with the very latest.
Susan, we have been waiting for this press conference after the autopsy on Anna Nicole Smith.
SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT: That's right. But in the meantime, we have learned some brand new information exclusive to CNN.
I am told this evolves the sequence of events of what happens -- what happened when Anna Nicole Smith was discovered unconscious yesterday. Here is the new information.
CNN has learned that when she was discovered, the nurse found her on the bed. At the time, the nurse was said to be working on something in the room when she noticed, we are told, that Anna Nicole Smith wasn't breathing. She did not know how long Smith had not been breathing when she found her.
Here's what the nurse is said to have done next.
She called the bodyguard. This is slightly different from what we heard before. Then she called Smith's boyfriend and partner, Howard K. Stern.
We are told that it took a while, an unspecified period of time, for Stern to call back the nurse. That is when the nurse then, presumably, according to the police chief, called the front office, then security was called, then someone from security came to the room and 911 was alerted.
Here is some other additional new information.
We had known that some prescription medications had been found in Smith's hotel room. We now know that none of these prescription drugs were in her name. They were in the name of Howard K. Stern.
Now, we also know from past experience that this doesn't necessarily mean that anything illegal happened. We know, for example, that she had been taking these drugs, according to a law enforcement source. Sometimes, however, when celebrities are involved, doctors are permitted by law to prescribe drugs to celebrities in someone else's name to avoid publicity.
We don't know that that happened here. We know that it sometimes happens.
Along with prescription medications, they also found a number of over-the-counter drugs, including cold and flu medicines. These prescription drugs that they found in the room included antibiotics and valium.
The source also tells us that she had been weak and sick for the past few days. We already knew that she was suffering from the flu, according to her lawyer.
And this part, something we hadn't heard before, that a doctor flew in from California to see her and examine her at the hotel. We don't yet know exactly when that happened.
Again, this is all the information that we have to offer you, as we are now waiting for word on the autopsy results, which we expect to be coming in early afternoon. If, in fact, Anna Nicole Smith was taking some of these prescription medications that were not in her name, the autopsy could, of course, prove whether they were in her blood stream.
A lot of new information here to digest -- Heidi.
COLLINS: Boy, that's for sure. Susan, let's go over it quickly one more time, if we could.
My first question, of course, which I know we don't know the answer to yet, but we're going to hear a lot of questions about this. This is a nurse who found her and she did not call 911 immediately upon finding Anna Nicole Smith not breathing?
CANDIOTTI: That's right. She didn't call 911 straightaway. And we knew that from the police chief yesterday, the Seminole police chief.
What we didn't know before is that she had not only called the bodyguard before someone called 911, but she then called Howard K. Stern, and that is Smith's partner. And that she didn't get him right away. She had to wait for some time before he called back.
And we are told that -- that was described to me by a law enforcement source as a longer delay than police would consider to be normal. That's what they said. And then, in fact, he did call back, and after that, presumably, the other chain of events occurred. We're still trying to piece this together.
COLLINS: Understandably. So the prescription drugs that were found -- because as you said, there was a mixture of prescription drugs that were found and over-the-counter drugs. We know that she had not been feeling well -- antibiotics and valium?
CANDIOTTI: Those were the prescription drugs that were in Stern's name. That's right. And then the others were cold and flu medications that you would normally take if, in fact, you were not feeling well. And that's what she was reported to have been in the last few days.
The other information is that a doctor -- we don't know if this is her own personal physician, presumably someone she knows, flew in all the way from California here to Hollywood, Florida, to examine here. Again, we don't know which day this happened.
COLLINS: All right. Susan Candiotti is on top of it for us as all of this new information pours in on the case of Anna Nicole Smith.
We are going to be continuing to follow this as we wait for that news conference that will be coming up a little bit later on outside of the medical examiner's office there in Broward County, Florida. More information likely to come out about the autopsy that is being performed right now.
There will be more on this story of course at the top of the hour, as well as tonight, 9:00 Eastern your time. "LARRY KING LIVE" will be talking about all of the new developments on Anna Nicole Smith.
I'm Heidi Collins here at the CNN Center. Back now to YOUR WORLD TODAY.
(JOINED IN PROGRESS)
GORANI: ... where Hamas is still in charged, the prime minister is still a Hamas prime minister, with nine cabinet posts going to Hamas.
Will this government gain international recognition, do you think?
NADIA BILBASSEY, WASHINGTON CORRESPONDENT, AL-ARABIYA: Well, that's the aim. You know, the whole idea is to form this government so the international sanctions led by the U.N. and the United States will be lifted. The fact that the United States said that Hamas has to respect the quartet conditions which is recognized in Israel and denouncing violence and respecting all of the previous agreements, that would be the conditions.
Now, what we've seen in Mecca, which has been regarded as historical agreement reached between Hamas and Fatah in one of the holy cities in the Muslim world, which is the city of Mecca, is basically saying that Hamas will respect. And the word "respect" has to be interpreted in so many ways.
But basically I think there is a political maneuver now to see if they can go forward. And if the Europeans, in particular, will be persuaded to lift the sanctions. GORANI: All right. Because -- and let me ask you about this. How significant is it that the king of Saudi Arabia, Abdullah, is orchestrating this, essentially, getting the two factions together? Because, of Course, Saudi Arabia is a close U.S. ally in the Middle East. Will that make a difference, do you think?
BILBASSEY: Well, it will, absolutely. I mean, this -- what we have seen is the Saudis have proved to have a political clout.
I mean, this vacuum that many (INAUDIBLE) American diplomacy, the Saudis have no agenda. They manage to get Mahmoud Abbas and Khaled Mishaal -- remember that Khaled Mishaal is the political power behind Hamas, and the agreement was signed between him and the president of the Palestinian Authority.
And therefore, the Saudis have actually managed to get these two factions together. It shows that they are the major player in the Middle East. Yes, they are close to the U.S., but also, as we said, they are not the same as other Arab countries, whether it's the Syrians, who hosted Palestinian factions, but actually they have been seen by both sides as being objective.
GORANI: Right.
BILBASSEY: They have no agenda, and therefore the success is -- actually will be credited very much to the Saudi king.
GORANI: So now the big question is, OK, you have this unity government, you have this agreement, no recognition of Israel, which is something that the courts had asked for. But fundamentally, what are the chances of success for the Palestinian government to operate, for the violence between Palestinians to end, and some sort of deal between the Palestinians and Israel?
BILBASSEY: To a certain extent, I think we should expect some success. What we have seen in the last few weeks, or months, actually, the killing between Palestinian factions is a deplorable and despicable act and shameful by so many Palestinians, the killing of women and children, civilians in this conflict. But also, let's remember now that Khaled Mishaal has entered (ph) this -- although we have seen it before, and the Palestinians realize that they have to clean their house and put their act together in order to reach an agreement with Israel, but, there is, as we said, six years of absence of political progress -- has left many people as well with no reason actually but probably to fight.
GORANI: OK.
BILBASSEY: I mean, yes, they can control it on the political level, but on the streets, there still remain doubts as whether actually Hamas or Fatah can control some militias. And these militias, just like we've seen unfortunately in Iraq, the status of this pair and absolute complete loss of any political settlement has led them to join these factions and make killing as a way of living.
GORANI: And that's the big question, really. It's, are the leaders still in charge? Are they in control of their -- of their fighters? Of the men with the guns?
BILBASSEY: To a certain extent, I would say yes. Fortunately, we have not descended in a complete chaos and civil war. But, I will say again that anything can spark this fragile agreement.
And also, let's not forget, there's an occupation on top of that. There's provocation, as we've seen from Israel's side today at the Aqsa mosque. And that also might unite, but also to a certain extent might ignite violence again.
GORANI: Sure.
BILBASSEY: So there's so many players in the region, and -- but there's still optimism, as we have seen it today, celebration in Gaza, et cetera. And also, there is awareness between Fatah and Hamas that they have to go forward, they have to agree on this settlement and to form this government. And we've seen some good signs of appointing certain people as independents in Fatah and Hamas, which has reflected, the Palestinian democracy, 44 for Hamas and 41 for Fatah (INAUDIBLE) independents.
GORANI: All right.
BILBASSEY: So it's a good agreement to go forward.
GORANI: Nadia, we've got to leave it there.
Nadia Bilbassey, the Washington correspondent for "Al-Arabiya." Thank you very much for your analysis.
Well, we're going to be back after a short break with the business news.
CLANCY: And then, saying good-bye to Anna Nicole Smith. The former "Playboy" Playmate's death becoming almost as controversial as her life.
GORANI: And later, saying so long to Baghdad. Our Michael Holmes will join us to reflect back on a month covering events in one of the world's most dangerous places.
Stay with us.
(COMMERCIAL BREAK)
(NEWSBREAK)
COLLINS: We want to go straight now to Los Angeles. There's a press conference going on regarding the paternity test of the child of Anna Nicole Smith.
Let's listen.
(JOINED IN PROGRESS)
DEBORAH OPRI, ATTORNEY REPRESENTING LARRY BIRKHEAD ... by the death of the mother of his child and the woman who was the love of his life. And he's taking it very difficult -- in a very difficult way, and that's why he is not here today.
We had an emergency court hearing today because we are concerned, based upon doctors, our experts' advice, that there would be a serious issue as to the preservation of evidence. It's was an ex-party emergency hearing. The court found that because an autopsy is being performed, he needed to order additional testing.
He did not grant our motion, he did not deny our motion. And the spinning by the respondents is self-evident. But he set us for a full hearing on all of our motions for February 20th.
In the meantime, there is a temporary order in place saying that Judge Schneider (ph) of Los Angeles Superior Court wants the remains of Anna Nicole Smith to be preserved pending the February 20th hearing. So, we got what we needed today. We consider it successful, and we will be back here again on February 20th. QUESTION: Is that what you said earlier that you needed to get the sample within 48 hours of death?
OPRI: DNA testing, the court presumed, would already have been taken by the coroner. There is a chain of custody concern as to the DNA, and that's why in case there is evidence to be ruled upon on the 20th, the judge has ordered that the body be preserved.
QUESTION: What does that mean? Does that mean she cannot be buried? Does that mean she cannot be cremated?
OPRI: If a body is held preserved -- and, you know, let's -- we have to connect the dots. If a body is held preserved, nothing can be done within the next 10 days. So the body will be held in Florida for the next 10 days, pending the hearing on the 20th.
QUESTION: Does this judge have jurisdiction over her body?
OPRI: The issue of jurisdiction, the issue of determination of whether the judge has jurisdiction over a corpse, versus whether she is still a party, these are all things that the judge wants fully briefed. And we will.
QUESTION: The earlier that order testing be done by the 21st, does that still stand?
OPRI: It does not stand, because we asked that the judge basically advance February 21st and order it forthwith. And the issues thrown out by respondents are that we don't have -- the court doesn't have jurisdiction over a corpse any longer. And that is an issue that the court says he wants fully briefed on both sides before he issues a ruling.
QUESTION: Deborah, what about the DNA of the baby?
QUESTION: Why do you need DNA if maternity is not an issue?
OPRI: Say again, please.
QUESTION: Why do you need DNA of Anna Nicole Smith if maternity is not being disputed?
OPRI: We are eager to get the DNA of Anna Nicole Smith -- and this has long been a finding of the judge -- that it is very important that the DNA connect Anna with the baby being tested. We do not want a bait and switch of a child. And even though people will say that's preposterous, that's ridiculous, it is a legitimate concern that the baby being tested is Anna Nicole's.
QUESTION: Deborah, when will the baby get tested for DNA?
OPRI: We now have to come back on February 20th.
QUESTION: Deborah, there was also (OFF-MIKE).
OPRI: It is to be heard on February 20th.
QUESTION: So that was not decided?
OPRI: Everything is -- nothing decided today. There was no granting of a hearing, no granting of a motion, no denial of a motion.
So no matter what you're going to be told, we have a full hearing on the 20th, and we will be fully briefed.
QUESTION: And what about custody?
OPRI: At this time, the baby remains in the Bahamas.
QUESTION: Well, who has...
QUESTION: Under whose custody?
OPRI: Well, she was residing with Anna Nicole. And I don't consider Howard K. Stern, the father, the presumed father, the husband, but she will remain as status quo at this time.
QUESTION: So is that with Mr. Stern?
OPRI: Or whoever she was with.
(CROSSTALK)
OPRI: One at a time.
QUESTION: Does your client want custody?
OPRI: My client wants custody of his child.
QUESTION: Why do you feel he should be granted custody before the paternity hearing?
OPRI: I didn't say that.
QUESTION: OK. Well, your...
QUESTION: When will you argue for custody for your client?
OPRI: Say again, please.
QUESTION: When are you going to argue for custody for your client?
OPRI: Everything will be on the 20th, as well as Mr. Howard K. Stern's contempt hearing. I hope he shows up so he doesn't get a bench warrant.
QUESTION: Can I get you to say your name?
OPRI: Deborah Opri.
And one more time, this is a very, very, very difficult time for Larry Birkhead. In the months I've gotten to know him, I have seen his agony, his frustration. And yesterday I saw his -- his pain. It was very, very difficult for Larry.
QUESTION: Will he be going to the Bahamas?
OPRI: Everything right now is up in the air.
All right, thank you so much.
QUESTION: If he's the father, wouldn't he want to be with his child?
OPRI: He wants to be very much with his child.
QUESTION: Well, why won't he go to the Bahamas?
OPRI: Everything's up in the air right now.
All right, thank you very much.
QUESTION: Could he go Debra?
COLLINS: We were just listening in to Debra Opri. She is Larry Birkhead's attorney. We know that for quite some time now, Larry Birkhead has been wanting a paternity test.
But the news that has come out of out this, we heard her just say that a judge has actually refused to order an emergency DNA test of Anna Nicole Smith for that paternity suit.
Let's go ahead and listen in now to the other attorney at the microphone.
RON RALE, ANNA NICOLE SMITH'S ATTY.: The notice that I was given was for emergency extraction of DNA from Anna Nicole, from her remains, basically within 24 to 40 -- not even 48, I think 24 to 40 hours. That application was denied. It's not going to happen. The courts found that it has some questions over whether there's authority to do that. Miss Opri alluded to it, whether the court has jurisdiction, set it for hearing in 10 days. That's OK with me. That's more reasonable. We did not think that it should have been done on a one-day basis like this. They had no evidence that that it was an emergency like that, and in fact it was not granted.
The other relief that was requested by Mr. Birkhead, which was not part of the notice that we got, but we did deal with it today, was that Mr. Birkhead came in here again today and asked the court to order, that the baby, Dannielynn be delivered to his custody. That request was denied. That request had been made by Mr. Birkhead previously in this case. And what they don't tell you, was that this court has dismissed the custody claims. The court specifically discussed that Mr. Birkhead's custody claims were previously dismissed by the court. That notwithstanding, he has the ability to go to the Bahamas, to file a proceeding. If he really wanted to have some kind of custody orders issued, that he has still failed to do so.
So basically everything was denied today. There is a further hearing set in 10 days to revisit the issue of whether the court has jurisdiction to even request DNA from Anna Nicole. Of course they can continue to request that the child be returned to California, but the -- we'll leave that for the next hearing, but everything was denied for today.
Was there anything else?
QUESTION: Ron, why would they want to have the body preserved for ten days?
RALE: The court made the order -- that is correct. The court -- he's not sure if he has jurisdiction. It was kind of like an order and kind of like a request, that he hopes that the Florida authorities do not do anything with the body until we address this issue in 10 days. We would think that the autopsy is going to preserve DNA anyway. We thought that before he came in here today. That's one of the reasons why we didn't believe this was an emergency, an the court has apparently agreed, because obviously, there is no order for Anna Nicole's DNA to be extracted within the next day. The proof is in the pudding. There's no order for the DNA to be extracted at this time.
What about Dannielynn's DNA?
RALE: That is a separate issue. That wasn't before the court today. I'm not going to address that right now, because everything is kind of in disarray, but that is yet to be determined.
QUESTION: Will that be allowed? Is that OK with you?
RALE: Again, you know I was here on January 23rd, and that is when I obtained an order from the court, that stayed or basically halted the collection of the samples of Anna Nicole's and Dannielynn's DNA in the Bahamas. And remember, that was the time that everybody was calling me, saying why did Anna Nicole refuse to give her DNA. There's this purported text message from Anna to Mr. Birkhead, about I'm doing it. It had nothing to with Anna Nicole. She was prepared to do it that day. I was actually attempting to go to the Bahamas to assist. But I told Anna that it was not to go forward on the 23rd, because we were coming to court, and in fact the court did issue the stay.
Now the last hearing last week, the court has basically reinstated that until this tragic event of yesterday. Now, everything is kind of up in the air. Eventually, one way or another, you know, we'll have justice in this case. Again, you know, the Bahamas is also a jurisdiction where most of these claims would have to be determined anyway. We are still here Los Angeles to report on this issue, and we'll keep you posted.
QUESTION: Is he returning to the Bahamas?
RALE: One of you guys as a time.
QUESTION: Is he returning to the Bahamas. He's in Florida right now. Will he return to the Bahamas? And when do you expect him to do that?
RALE: Yes, in terms of when Howard is going to be reacquainted with Dannielynn, I can't tell you know, I can't tell you right now, actually the first time that I was able to speak with Howard. Actually the first time that I was able with Howard, I remember the first call, he was incoherent. And when I finally was able to talk to Howard last night, you know, he's just really -- I can't tell you how grave this is. He's -- I'm very concerned for Howard. I'm a little angry right now because I should probably be there in Florida. Howard needs all of the friendship and assistance he can have right now. And I'm sure that that he is thinking about getting back with Dannielynn as soon as he can.
QUESTION: Have you spoken with him since the hearing, sir?
RALE: I have not spoken to Howard since the hearing, and I hope to get a hold of him right after this.
QUESTION: Which court is going to be determinative of this paternity issue. Will it be the Bahama Court? Will it be this court?
RALE: Again, just to be clear, the court here has already ruled that all matters related to custody must be in the Bahamas, not in California. So what is pending here in Los Angeles,all that's left of Mr. Birkhead's case, other than request for attorney's fees, is a request for DNA testing.
Now, if the DNA testing occurs through this court -- and if that's how it's supposed to happen, that's fine. If it's determined Mr. Birkhead is the biological father, and I'm not saying, he may not be. We think it's Howard Stern. We just want this to be done through the appropriate jurisdiction and the appropriate supervision. But if he was the biological father, he can't do anything with that order in California. He has to take it to the Bahamas and request custody there. So why he hasn't done anything with regards to custody yet, we don't know.
QUESTION: But where will paternity be decided? Where will paternity be decided, here or the Bahamas?
RALE: The issue of paternity will -- well, actually we also have other motions pending on that, so I can't answer that right now. Whether paternity itself will be determined here or in the Bahamas. The issue of DNA testing right now is technically still here in Los Angeles.
QUESTION: This morning, law enforcement officials revealed that a large number of prescription drugs were found in Anna Nicole's hotel room. Did you have any indication that she had a problem, substance abuse problem?
RALE: No, I did not. And as I've stated, having talked to Anna Nicole in the past several days, she was fine. I mean, really some normal conversations, nothing that lead me to believe that she was on any kind of drugs or medication. I can't tell you. I don't want to -- you know, just because everything is in the press and people want to speculate, I don't want to be one of them. So I don't know. Maybe she didn't have medications like anybody else would have. I don't know. But in terms of talking to her, she was totally coherent and totally fine. A couple sad things that she said, she missed Dannielynn, just like any other mom. And nothing that lead me to believe there was any problem other than she was ill the last couple of days. She had a fever.
QUESTION: Narcotics were found in her room. What's your response to that?
RALE: Why don't we take that up when it comes up? Whether there's reports, I like to wait to see when I have the hard evidence before me and then I'll give an update.
QUESTION: What role do you think money is playing in this custody battle?
RALE: You know, you mean in terms of Mr. Birkhead's motivations? I mean, you know, again, I am going to try to be fair to Mr. Birkhead as a litigant before the court. I have my own personal opinions. But I don't think that's fair to him, and I don't think I should say anything about it. All I can say is that Mr. Birkhead would have filed this proceeding in the Bahamas. He actually could have filed this same proceeding in California months before the baby was even delivered. Even after Dannielynn was delivered, Mr. Birkhead could have filed something here or in the Bahamas. I think it was a month after the baby was born, when he finally saw Howard Stern on Larry King, when we received an ex parte application to come to court, which by the way I heard on the news that I was going to court, but those are just the facts.
My personal opinion, I'm going to keep that to myself. And again, I want to afford him the respect he deserves as litigant. I mean, if he is the biological father, and he may be, that's fine. I believe that the process would have already occurred in the Bahamas. If he would have gone there, they would have already had the DNA collection and testing. And if he's the biological father, he might have already been well along with custody there. And maybe he is; maybe he isn't. We've never said that we're unwilling to submit to that, and if he is, I just wish him the best -- I just wish the best for Dannielynn.
All we want to do is go -- I want to protect Anna Nicole's rights, do everything through court process. Just because she's a celebrity, we don't throw the code books out. And like I said before, it makes me dig in my heels even more, because in my opinion, Anna Nicole's been like an underdog, to have to go through this, and just because she gets called out in the press, do this, do that. She doesn't have to. Everything should be done by court process, and I take full responsibility for how the case has progressed, what Anna Nicole has or has not done, and for her record, she was perfectly willing to comply with every court order.
QUESTION: What about any sort of will that maybe laid out legal custody or anything like that?
RALE: I'm not going to address that right now. Obviously, that's an issue. But I'll be giving you updates later on that. I'm not going to talk about anything about her private estate planning right now. I'm not going to stay existence or none existence.
QUESTION: To a layperson, it doesn't make sense that you cannot determine paternity in this period of time, four DNA samples, maybe from Anna, the child and two men who claim to be the father. Why is this taking so long to get this done?
RALE: That's not a question for me. All I do is comply what the laws are. For example, if like I said, if this would have progressed in the Bahamas, it would have already been done. Just because my client is a celebrity and she's in the Bahamas, doesn't mean that you can appear in court on an emergency basis, with publication through the news media, that, hey, come to court and give up your DNA. OK, just because she's a celebrity, that doesn't have to occur that way. And if they didn't do it that way, maybe it would have been already done.
And by the way, that initial application for DNA on an emergency basis was denied back in October.
QUESTION: Why doesn't Howard K. Stern just give a sample of his DNA, prove the child is his, and just end this all right now?
UNIDENTIFIED MALE: He's the presumed father right now. He's on the birth certificate. He's held himself out as the father. And Anna Nicole said he was the father.
QUESTION: But why not give the DNA and be sure?
UNIDENTIFIED MALE: He doesn't have to.
QUESTION: But why not any way, just to end all of this?
UNIDENTIFIED MALE: Well, it's a legal question. We are following the system. There's a lot of evidence that the media doesn't know about that's before the court, and establishes pretty clearly that Mr. Birkhead may not be the father.
QUESTION: But a DNA sample from him could essentially end all of this court process?
UNIDENTIFIED MALE: That's not the full picture of the case.
They claim that my client lied on a declaration, and they've brought -- they didn't actually bring up a contempt hearing, they brought a petition to ask this court to issue a contempt hearing, and we've already briefed that, and we're going to hear that on the 20th also.
QUESTION: He's in Florida now. Who's taking care of the baby? I mean, he's not with his child?
RALE: You know what, hopefully he'll be reunited with his child shortly. But I'm going to talk, obviously, for privacy security concerns, I'm not talking about who's taking care of the baby right now. I don't think that the public is entitled to that information, and we'll keep that private.
QUESTION: Can you address the claims of bait and switch?
RALE: You know, there is, I can tell you that -- I'm trying to think of a word I can use in front of the media, but that's a bunch of nonsense. There's never been any evidence of bait and switch. There's nothing before the court. You know, I think there were allegations before that Anna Nicole dyed the baby's hair. There's just been one kind of circus allegation after another, and it's nonsense, and I'm trying my best to be a straight-shooter with you. And excuse me if anything has not been 100 percent accurate,. but I'm trying my best, that's what you deserve, and That's what I, hopefully, am giving you.
QUESTION: What is this doing on a personal note to the family's plan to have a proper funeral for Anna Nicole?
RALE: I can't even address that right now. I don't even know myself. This is all -- really, I've been reeling, because as you know, since yesterday, when I found out about this, and just dealing -- obviously having to prepare for a hearing, and then talking with Howard. It's not -- I'm about as in the loop as you are right now.
QUESTION: Will this delay any funeral, the requests the judge ordered?
RALE: I'm not sure. I mean, we're going to deal with this. I don't want to speculate what's going to happen.
QUESTION: What do you think about preserving her body?
RALE: I'm OK with that. There was no plans anyway. And there was an autopsy that's performed. I'm not going to control what the Florida coroner does. And, again, this order -- this is a great judge. I'm not saying that just because we get some favorable rulings. Not everything is favorable. But this is a judge who attempts to provide justice, and he does a good a job as anybody could. And so I'm OK with this, as long as nothing was to occur today. Because on a personal level -- Which I will give my personal opinion -- I thought it was extremely disrespectful to come into court today, to even face this, have notice of a hearing right after Anna Nicole died.
QUESTION: So the judge doesn't know if he has jurisdiction basically over the body, and so that's why there's the delay?
RALE: Yes, he doesn't even know if he has jurisdiction. We're going to have a hearing on that in 10 days.
You know, we had a prior order that the DNA from Anna Nicole and Dannielynn were to be collected. That was already a prior order, so this is nothing new. The difference is, they wanted it today. And the judge refused that. So that's all I wanted out of respect to Anna Nicole. Anna Nicole would have wanted me here to do this today, and I'm happy for her that at least that was the result today.
QUESTION: So is the order for the DNA testing of the baby, is that still in place?
RALE: I answered that. It's still pending, but everything is kind of in upheaval right now. I can't exactly tell you.
QUESTION: But you're OK with that?
RALE: Yes, I'm OK with that. We're OK with the DNA of the baby. It's going to occur. Whether it occurs in the Bahamas, whether it occurs here, whether its' through the Los Angeles court or through the Bahamian court, it's going to occur. I think that Mr. Birkhead is entitled to that. He has a right to know as a litigant. I want to respect his position in requesting it. So whichever way it plays out, I just want it to be under court supervision and to be done the proper way, not through the media and not through Anna Nicole having to do something that's not customary for any citizen.
QUESTION: But just to be clear, her body...
RALE: I'm sorry?
QUESTION: Can you talk about her will again, if she had one?
RALE: I'm not talking about her will at this point -- if there is or isn't one, or anything about it.
QUESTION: Does this order say that her body should be preserved for the next 10 days?
RALE: Yes.
QUESTION: It has to remain in Florida, or will it be taken someplace else? I think the Florida authorities are really controlling this issue. So anything we're talking about right now is probably irrelevant.
QUESTION: The DNA is going to be, as far as she's concerned, is going to be decided on the plaintiff's hearing?
RALE: A collection of Anna's DNA will probably be decided on the 20th.
QUESTION: Could I have your name?
RALE: Ron Rale, R-A-L-E.
QUESTION: Can you say where Anna Nicole would want to be laid to rest?
RALE: I don't know anything about burial plans at all.
Thank you very much.
COLLINS: So we have just heard this press conference coming to us from Los Angeles. A couple of people at the microphones. That was Ron Rale. He's Anna Nicole Smith's attorney. We also heard from Howard K. Stern's attorney. Howard K. Stern in Florida right now.
But the news that has came out of this, just to make it clear for your, is apparently a judge refused to order an emergency DNA test of Anna Nicole Smith, not of the baby. But of Anna Nicole Smith for paternity suit that we have talked about quite a bit here at CNN involving of course her 5-month-old baby, Dannielynn. That baby apparently in the Bahamas right now, but Howard K. Stern in Florida. That is the latest.
In fact, what's interesting about this is Ron Rale, once, again, Anna Nicole Smith's attorney, says that the court doesn't actually know even really know if it has jurisdiction over a corpse.
So that being said, the body of Anna Nicole smith will now be held for the next 10 days. There will be another hearing in reference to the collection of her DNA on February 20th. So that is all of the latest news coming out of that press conference.
I want to go in and bring in Brooke Anderson now. She's also now in Los Angeles with the very latest on this.
So, Brooke, let me make sure I have this straight. Howard K. Stern is in Florida. The baby we believe to be in the Bahamas, in the care of friends of Howard K. Stern and Annie Nicole Smith(r)MDNM¯. And Larry Birkhead, where does he fit in to all of this now?
BROOKE ANDERSON, CNN CORRESPONDENT: According to Debra Opri and her side, Heidi, Larry Birkhead, here in Los Angeles, at his home, devastated, inconsolable. He was not at the court hearing today. But as you can here from the press conference, Ron Rale is angry. He said he's angry that he had to be here 24 hours, less than 24 hours after Anna Nicole's death, found it very disrespectable this even happened, that the emergency order was even filed requesting the DNA to be expedited from Anna Nicole Smith's body. He did say that a prior order to extract DNA from Anna Nicole Smith and the baby to be collected was already out there, that today the only difference was Opri and Birkhead wanted it expedited, which the judge did not grant. As you said, the body will be held, remains preserved. A full hearing expected on February 20th.
COLLINS: And more on the custody matters we talked about so much here, Brooke. I believe that we also heard Ron Rale to say that no matter what happens, he is aware that DNA will likely be collected from the 5-month-old baby girl, and that he is OK with that. He actually went so far as to say he thinks that it's Larry Birkhead's right.
ANDERSON: Yes, he wants to be fair to Larry Birkhead as a litigant. He said it's his right. Ron Rale also said he doesn't want it to play out in the media, or any other way like that; he wants it to play out in the courts. And just because Anna Nicole Smith is a celebrity, is a well-known person, he wants this whole thing to be treated fairly.
And you know, in terms of gathering her DNA for paternity conclusions, the mother's DNA isn't necessarily required. In most cases, you can conclusively figure out who the paternal parent is just by the potential father's DNA and baby's DNA. But we did hear Debra Opri say she department want any sort of bait and switch. She used those words. She wanted Anna's DNA to be connected to that baby, so there was no bait and switch with the baby. To which Ron Rale responded that that was complete nonsense, that there would never be any sort of bait and switch, there's never been any talk of that sort of thing.
So it's really been a clash between these two sides. The tensions are running high. Ron Rale said he needed to be in Florida right now, not here at this hearing. He needed to be with his friend, Howard K. Stern, who he's very concerned about. He told us that Howard K. Stern is extremely upset, and you know, he's just angry that this is happening today.
COLLINS: yes, so many things going on in light of all of this. Obviously half of the story in Florida, half in Los Angeles. And then the child in the Bahamas. That custody matter probably will be handled in the Bahamas as well. So that brings in another whole legal issue and likely more confusion in a lengthy process there.
Brooke Anderson, thanks so much for covering this for us in Los Angeles live for us today. Also want to let our viewers know that coming up at the top of the hour, we will have more on the death of Anna Nicole Smith and also still awaiting the press conference coming from the medical examiner's office in Broward County, Florida, waiting to hear upon the conclusion of that autopsy, any more information that may come to light.
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UNIDENTIFIED FEMALE: The runway shows are the designers opportunity twice a year to tell a story and so you know, to really get the message across sometimes. You know, it has to be a little bit more exaggerated.
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CLANCY: That's designer Cynthia Rowley in her fall 2007 collection at New York's Fashion Week.
GORANI: Well, Fashion Week in New York is winding up and we've been picking up on some trends for you. Get out your notebooks everyone. The fashionable one, of course.
Here goes, designers say we'll soon be wearing lots of glitz, rhinestones, sequins, gold lame, metallic fabric. You see it there, that sold of thing.
Fur, fur is big, too. Either faux fur or heaven forbid the real thing. For those of you who don't like it, another fall fashion must- have, vintage clothing. It's been the case for a few years. It's still on. Vintage-styled clothes also very in. A lot of designers are mixing up-to-date styles with some vintage twists.
CLANCY: Well the South African township of Soweto couldn't be further away from the glamour and the glitz of Hollywood, could it?
GORANI: Right, but this Sunday when the winners of this year's Grammy Awards are announced, members of the Soweto Gospel Choir will have their fingers crossed that their name will be called.
CLANCY: That's right Hala, the singers have been nominated for one of the music's top awards. Femi Oke brings us their story.
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JAY LENO, TALK SHOW HOST: The group starts their North American tour on February 1st. Please welcome the Soweto Gospel Choir.
FEMI OKE, CNN CORRESPONDENT (voice-over): It's rare to find the Soweto Gospel Choir in South Africa these days. Glowing international reviews, sold out concerts, and now a Grammy nomination means the group is constantly traveling. But I managed to catch up with the singers in rehearsals just before they started a U.S. tour.
UNIDENTIFIED MALE: People at home are shocked to hear what we sing. They like it, and they can't tell, really, how do we do it? It's quite different.
OKE: The choir started in 2002 and is made up of singers from churches in Soweto, South Africa's biggest township. Their second album, "Blessed," is nominated for a Grammy in category best traditional world music.
UNIDENTIFIED FEMALE: We are natural. We are just singing what we are born with. We're not faking it. We don't want to be like Americans, we're just Africans.
OKE: Choir members may not want to be like Americans, but they do love U.S. audiences. UNIDENTIFIED FEMALE: Now when you perform for an American audience, from the minute you open your mouth, they're give you hallelujahs and glories. And that's exactly what you need as a performer.
OKE: To get into the choir, you have to be a singer, dancer and actor. I won't be joining any time soon.
UNIDENTIFIED FEMALE: We're really proud of the fact that we're out there as ambassadors of our culture and our people, and hope we bring this one home.
OKE: The choir is currently on a three-month tour in the United States and has just released a new CD. The Grammy nomination couldn't have come at a better time for them. Femi Oke, Johannesburg, South Africa.
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GORANI: Well, that is it for this hour on YOUR WORLD TODAY. Thanks for watching. I'm Hala Gorani.
CLANCY: I'm Jim Clancy, and this is CNN.
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