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Continuing Coverage of Anna Nicole Smith`s Death

Aired February 12, 2007 - 23:00:00   ET


A.J. HAMMER, SHOWBIZ TONIGHT ANCHOR: On SHOWBIZ TONIGHT, explosive and even stranger new developments in the death of Anna Nicole Smith. SHOWBIZ TONIGHT investigates the burning questions -- is this really Anna Nicole`s methadone and Slim-Fast filled refrigerator, and who really is the father of her baby? Tonight, SHOWBIZ TONIGHT`s explosive one-on-one interview with the attorney for one of the men who says he is the daddy.
Plus, SHOWBIZ TONIGHT is in the Bahamas to find out where the baby is, who is really taking care of her, and what the deal really is with Anna Nicole`s attorney-lover, Howard K. Stern. SHOWBIZ TONIGHT`s coverage of the mysterious death of Anna Nicole Smith starts right now.

Hello, I`m A.J. Hammer in New York.

BROOKE ANDERSON, SHOWBIZ TONIGHT ANCHOR: I`m Brooke Anderson in Hollywood. It`s a question we`ve asked before and are bound to ask again: Can the Anna Nicole Smith story get any stranger? Tonight the answer is, absolutely, and we have the pictures to prove it.

HAMMER: That`s right, Brooke. Those pictures are raising a whole new set of baffling questions. Why in the world was the Bohemian immigration minister in Anna Nicole`s bed, hugging her? They`re seen in photos in the Bohemian edition of the "Miami Herald," and keep this in mind, this is the same guy who approved her controversial application for permanent residency.

And then, there`s this -- what is the real story behind the Methadone and Slim Fast filled refrigerator in Anna Nicole`s Bohemian home? Also tonight, right here, Debra Opri, the attorney for Larry Birkhead, who claims he is the father of Anna Nicole`s baby. We`ll be speaking with her in just a couple of minutes. But first SHOWBIZ TONIGHT has all the latest explosive developments in the battle over the baby.


HAMMER (voice-over): It`s been four days since the sudden mysterious death of Anna Nicole Smith, and still so many questions, including what may have led to her death.

UNIDENTIFIED MALE: At this time we do not make a determination of the cause and the manner of death.

HAMMER: But perhaps the most pressing, what is going to happen to Anna`s daughter Dannilynn, a five-month-old baby who could stand to inherit hundreds of millions of dollars and who remains at the center of a heated and bizarre paternity battle?

TYLER GRAY, SENIOR EDITOR, "RADAR MAGAZINE": The rumors about who could be Anna Nicole Smith`s baby`s father really run the gamut.

HAMMER: SHOWBIZ TONIGHT can tell you there is now a list, that`s right, a list of potential fathers. They range from her attorney, Howard K. Stern, to her photographer, Larry Birkhead, to Prince Frederick Von Anhalt, Zsa Zsa Gabor`s husband.

PRINCE FREDERICK VON ANHALT, SAYS HE IS FATHER OF ANNA NICOLE`S CHILD: I`m sure there are other men. There could be easily 20, 30 men.

HAMMER: To now, get this, J. Howard Marshall, the elderly oil tycoon that Anna Nicole was once married to and who has been dead for 11 years.

GRAY: Dannilynn, Anna Nicole Smith`s daughter, right now, doesn`t know what`s going on, but you have to figure at some point in her life she is going to discover all this chaos that happened when she was a baby.

HAMMER: Some of that chaos came on Saturday, when Howard K. Stern, Anna`s partner and former lawyer, reportedly touched down in the Bahamas to be reunited with Dannilynn. And SHOWBIZ TONIGHT`s cameras weren`t alone. Dozens of the media were there, too. So SHOWBIZ TONIGHT still has to ask: Just where is Dannielynne?

HARVEY LEVIN, TMZ.COM: Well, as far as we know, the baby is with Howard K. Stern.

HAMMER: Howard . Stern`s lawyer tells SHOWBIZ TONIGHT`s Brooke Anderson, Stern has been inconsolable since Anna Nicole passed away.

RON RALE, ATTORNEY FOR HOWARD K. STERN: This is really bad, and Howard loved Anna dearly. I promise you, I had plenty of conversations with the both of them. If you saw how close they were, I could tell you Anna -- Howard has always put Anna before himself. And so this is very, very scary.

HAMMER: Well, a judge in Los Angeles is attempting to sort out the battle between Stern, who is listed on Dannielynne`s birth certificate, and Birkhead.

DEBRA OPRI, LAWYER FOR LARRY BIRKHEAD: My client wants custody of his child.

HAMMER: He ordered Anna Nicole`s body preserved, pending a February 20th hearing.

LEVIN: Larry Birkhead is still trying to get this DNA test completed. I think you`re going to see a nasty, contentious custody fight.

HAMMER: And things could get even nastier, now that Anna`s estranged mother, Virgie Arthur, is now in the picture. Arthur flew to the Bahamas over the weekend to try and gain protective custody of the baby. But before she left, she taped this interview with "Good Morning America."

VIRGIE ARTHUR, ANNA NICOLE`S MOTHER: I do have a problem with her being with Howard Stern. I had a daughter and I had a grandson, and he was there -- when both of them died, when he was there. Now I only have a grand daughter left, and now he has her, and now I`m afraid for her.

GRAY: Well, if you think about it, who should have been the first person to step up? The family. That`s what happens in this world when a mother dies, you generally see the grandparents stepping in and helping out. Or the husband, but in this case, when the husband is disputed, it seems like it could be, strangely, the most stable possible situation for a child to grow up with.

HAMMER: And while all sides duke it out over Dannielynn, rumors continue to swirl about what led to Anna Nicole`s death. And now this picture, acquired exclusively by the website, from Anna`s room in the Bahamas might shed some light on her life.

LEVIN: There was a big jar of Methadone in this refrigerator. It was a tiny refrigerator in Anna Nicole`s bedroom in the Bahamas. And it is telling because, the information we have is that Anna Nicole had been on and off Methadone for a long time, as far back as when she lived in Los Angeles certainly, and that`s what we`ve been hearing for months.

HAMMER: Levin says the pictures are authentic. He says Bohemian law enforcement is aware of the refrigerator contents, which also includes cans of Slim Fast and what appear to be vials of undetermined, injectable medicine.

LEVIN: This absolutely was taken in her house after her death. But the circumstances surrounding how we ended up getting the photo make me comfortable that this is the real deal.

HAMMER: Methadone was noted in the death of Smith`s son, Daniel, some five months ago. And as police in the Bahamas continue to look into Daniel`s untimely death, a media frenzy has grown over Anna`s tragic passing.

UNIDENTIFIED MALE: Anna Nicole Smith left life the same way she lived it, and that was on the cover of a tabloid.


HAMMER: So, as you just heard, probably the biggest mystery in this whole story and one that gets more and more bizarre with every passing day, it`s the paternity question. From the numerous potential daddies to all that money on the line, to the grandmother who hasn`t been able to see the baby, this story just keeps getting stranger.

Joining me tonight from Los Angeles a major player in the paternity battle over Anna`s baby, Debra Opri, attorney for Larry Birkhead.

I have to read here from the statement you released upon finding out that Howard K. Stern was going to do everything he could to keep Anna`s baby away from her grandmother, Virgie, who had flown down to the Bahamas to be with her. You say it is, quote, utterly despicable, and say, quote, this is basic human respect we`re talking about here.

Wow, you`re really angry about this, aren`t you?

OPRI: I`m very angry because we must all remember that, before Howard K. Stern came into the picture, Anna Nicole Smith maintained a very good and healthy relationship with her mother and family, to the point where Virgie, her mother, was taking care of and raising Daniel for many years. And then Howard K. Stern comes into the picture and the doors close on friends and family, and now in death, he is telling her family, you`re not getting any access.

We`re going to see about that, Howard K. Stern.

HAMMER: So, to be clear, the estrangement between Anna Nicole Smith and her mom Virgie, you say, was all as a result of Howard K. Stern?

OPRI: I wouldn`t doubt it, A.J.

HAMMER: All right, well just a few days ago -- I mean, the amazing thing about this to me is every time I think more and more about the story, you can`t make this stuff up.

OPRI: No, you can`t.

HAMMER: I mean, a couple days ago it was just a paternity battle between your client, Larry Birkhead, and Howard K. Stern. Well, now Prince Frederick Von Anhalt, the husband of Zsa Zsa Gabor is claiming he may be the father. On top of that, the reported claim by Anna Nicole`s half sister that the baby may have come from her late husband`s frozen sperm. This qualifies as a mess Debra. How do these new claims impact and complicate things for you?

OPRI: The loons are coming to nest, A.J. That`s all I can tell you. I have no comment about this ridiculousness. It sells newspapers. I have one person to represent and that`s Larry Birkhead. I have one life to save, and that`s Dannielynne, and that`s my mission.

HAMMER: There has been a lot of people coming to the surface. And obviously, Debra, it`s no secret that Anna Nicole Smith has had many boyfriends. Do you think it`s possible, Debra --

OPRI: No --

HAMMER: Even if Larry is the father, as you have continuously maintained, that Anna herself did not know who the father was?

OPRI: No, not at all. There was an exclusive relationship around that time. And the easiest way to resolve all of this is to get a DNA test. Our goal right now is to show in our fraud action on the birth certificate that Howard K. Stern is hanging on by a thread, a legal thread. He is saying he`s the presumed father. He puts his name on a birth certificate. He has been controlling Anna for many years. It`s time for the public to start turning their magnifying glass on Howard K. Stern. We have a paternity action pending in Los Angeles. We have a standing court order for the turning over of DNA. We fully anticipate that those orders will be enforced, whether it`s in Florida, in the Bahamas, and or in Los Angeles, and we`re not stopping the fight.

We have our attorneys, Roytman (ph) and Mellinger and Susan Brown in Florida. We have Alexio Knolls (ph), Emerick and Manny in the Bahamas. And we have our firm and our attorneys here in Beverly Hills. And we are all teaming up. We`ve been in concert all weekend. We are finding out the best jurisdiction, the best pleadings, and these are complexities of legal issues which no one will ever see the likes of again. So it is a battle and we are raging it. And Howard K. Stern, he had better duck, because I`m coming.

HAMMER: And the battle, Debra, will continue when the next court date happens, on February 20th anyway, when the judge is schedule today rule on the DNA testing. Even if he says, get it done, and even though you`re coming out swinging here, we have seen how Howard K. Stern has acted in the past. We have seen how the attorneys on that side have acted in the past. Do you really expect that Howard K. Stern is going to just let the DNA testing happen, even if the judge says it`s got to happen?

OPRI: Let`s put it this way -- Howard K. Stern is losing his options. The walls are closing in. People are starting to look at him very closely and what they are finding is frightening. It`s frightening.

HAMMER: Debra, obviously a lot of people have been criticized for trying to profit from Anna Nicole in life, now in death as well. Has your client, Larry, made any money from all of this?

OPRI: No, no. The bills are mounting and both Larry and myself, we`ve been writing checks and putting out money, and it`s a pleasure. If this is the last case I ever have, and if this is the last mission I ever accomplish, if this is the last good deed I ever do, it will have been something very wonderful, fighting this fight for Larry Birkhead, because Dannielynne, in many years to come, will turn around and say, somebody cared about me.

HAMMER: Debra Opri, I`m certain we will be speaking to you again very soon. Attorney for Larry Birkhead, I appreciate you joining us.


ANDERSON: A.J., some new photos surfaced today of a Bahamas immigration minister hugging Anna Nicole in her bed, a whole new weird angle to this story.

HAMMER: Truly bizarre. And we`ll get into that coming up next. We also have another new picture. The question is, is this really Anna Nicole`s refrigerator, stocked with Methadone and Slim Fast? We`ll get to the bottom of that coming up.

ANDERSON: And Rosie O`Donnell chimes in on the whole ordeal. Why she says that TV shows could share some of the blame in Anna`s death. That`s next.


HAMMER: Welcome back to SHOWBIZ TONIGHT. I`m A.J. Hammer in New York. You are watching TV`s most provocative entertainment news show. This is our continuing coverage of the death of Anna Nicole Smith. More shocking details continue to emerge.

As the mystery over Smith`s death deepens, one more door is opened, leading to even more questions tonight. obtained photos of the refrigerator in Anna Nicole`s home in the Bahamas after she died. the contents include Methadone, vials of what appear to be some kind of injectable medicines, cans of Slim-Fast, as well as a nutritional supplement.

With me tonight from Glendale, California, Harvey Levin, managing editor of the entertainment news website Hello Harvey.


HAMMER: So just fascinating that Methadone continues to play a big part in this tragedy. Of course, Methadone was found in Anna Nicole`s son`s system. Daniel`s toxicology report says it contributed to his death. And now we have this photo -- can we put that up Charles -- of Methadone in her refrigerator in the Bahamas. How significant is this?

LEVIN: Well, I think it`s really significant. We got this picture and posted it yesterday, and it has really changed a lot. I can tell you already the police have said they want to talk with Howard K. Stern about Methadone, about what was found in the refrigerator and about Daniel and Methadone. So what we`re finding is, you know, she has Methadone in her refrigerator, in her house, that he is living in.

One witness is going to say at the coroner`s inquest next month that Howard K. Stern gave Daniel the Methadone that contributed to his death and then flushed the rest down the toilet. So it is going to loom large here.

HAMMER: Wow, those are some pretty explosive charges, if what you say is right, that somebody is going to be making that suggestion. And it`s not like you can walk into a pharmacy and just pick this up off the shelf. It`s very powerful pain medication. Do you have any sense of how it was obtained or in whose name it was prescribed?

LEVIN: I will tell you this, that I have known for months now that Methadone has been part of -- was part of Anna Nicole`s life, and that when she was in L.A., I`m told, that there was Methadone at the house, that she was using it then, and this has kind of been a thread over some period of time before she died.

HAMMER: So what does that suggest about what she was doing in her life and how things were going?

LEVIN: Well, when you have that quantity of Methadone in your refrigerator in your bedroom, usually it`s a sign there is a problem. And what I`ve been hearing from lots and lots of people is indeed that Methadone was an issue in her life, and I`m also told that Larry Birkhead, the guy who says he the father of this baby, that Larry Birkhead ended his relationship with Anna Nicole because of the Methadone. And so this, again, seems to be something that is a common thread.

HAMMER: Yes, certainly a major common thread. Also, it wasn`t just Methadone in the refrigerator. Also of great interest, these vials that were found in Anna Nicole`s Bohemian fridge. What do we know about what appear to be some kind of injectable medicines?

LEVIN: As for what the vial is, it is hard to see it from the photograph. We have blown it up. It could be a B-12 shot. I`m not sure if it`s any kind of a hard prescription drug. It could be a B-12 shot, and there is some reason for us to think that, but I just don`t know for sure, A.J.

HAMMER: Well, as if all of this, the photo we`re looking at now and the Methadone involvement, was not enough -- Charles, can we throw this picture up -- this photo of Anna Nicole with the Bohemian immigration minister, Shane Gibson, in bed with her. Now this is the guy who approved her application for permanent residency in the Bahamas. What`s going on here?

LEVIN: I mean, it is unbelievable. Her life kind of made Michael Jackson`s look almost normal. But this is what -- this is the way Anna Nicole rolled. If you look at the people she was with, she was always with people who could help her, for the most part. And if the picture is not deceiving here, and, who knows, but if it`s true, she needed to get immigration status, residency status in the Bahamas. And there was a problem getting it, because she needed to own property and there was a real issue as to whether she did.

So suddenly she ends up in a bed with the immigration guy. Go figure.

HAMMER: And Harvey, I feel like, with all of this, the story is just beginning to unfold. Harvey Levin from, thanks as always.


ANDERSON: There have been plenty of people who have had their doubts about Anna Nicole`s mental and physical state in the months leading up to her death, among them Rosie O`Donnell. Take a look at what Rosie said on "The View" on Thursday, just hours before Smith died.


ROSIE O`DONNELL, "THE VIEW": If I have to see Anna Nicole Smith one more time on television. That woman and her paternity test, and she can hardly even speak now. She can`t even speak. It is a tragedy all around. Her son died. She has this little baby. There is obviously some kind of medication or substance involved. I don`t know.


ANDERSON: Now, "The View" was on tape Friday, so the co-host didn`t get to react to the news of Smiths` death until today. Rosie said that Anna has obviously been in distress and she thinks someone should have stepped in to do something.


O`DONNELL: I think anyone watching her, many people watching her, thought the same thing. The woman obviously was in a severe state. Her son had been killed, died, overdosed five months before, and she had a baby, and here she was being propped up on all of these shows. And the sad thing is, a lot of these shows pay money to have her show up there.


ANDERSON: Rosie and the co-hosts also said that, on top of the alleged substance issues, they think Anna Nicole`s need to be beautiful and famous might have played into her problems.

HAMMER: And now we want to hear from you for our SHOWBIZ TONIGHT question of the day. Here`s what we`re asking: Anna Nicole`s death, do you think foul play was involved? Get online to vote at Or send us e-mail at

Remember, SHOWBIZ TONIGHT is the only entertainment news show letting you to express your opinions on video. If you want to send us video e- mail, go to our website,

ANDERSON: A.J., as you know, Anna Nicole`s website has featured a kind of pay per view of odd Anna moments. Well tonight it looks very different.

HAMMER: Yes, there used to be some strange ones on there. We`ll show you that and how they are remembering Anna coming up next, online. And the main concern, of course, on everybody`s mind tonight, Anna`s baby daughter. We`re going to the Bahamas to find out where Dannielynne is and what`s going to happen to her next.

ANDERSON: And what is the deal with Howard K. Stern? Anna`s lawyer turned lover says he`s the father, but will he take a paternity test? And what is his role in Anna`s will? We`re going to look into that as SHOWBIZ TONIGHT`s coverage of Anna Nicole Smith`s death continues.


HAMMER: Welcome back to SHOWBIZ TONIGHT`s continuing coverage of the death of Anna Nicole Smith. Of course, one of the ways that Anna Nicole got attention in recent years was by being the spokeswoman for the weight loss product, TrimSpa, after her dramatic weight loss. When you think about it, we haven`t really heard of TrimSpa before Anna Nicole appeared in those ads, saying "TrimSpa Baby."

Well, TrimSpa says its success is not the result of Anna Nicole Smith, and it is just going to start doing ads that feature ordinary people. TrimSpa`s official line on Anna`s death is this: quote, "Anna came to our company as a customer, but she departs it as a friend. While life for Anna Nicole was not easy these past few months, she held dear her husband, Howard K. Stern, her daughter Dannielynn Hope, her most cherished friends, beloved dogs and finally, her work with TrimSpa. By the way, not too long ago the Federal Trade Commission announced that TrimSpa would be paying over one and a half million dollars to settle allegations that its weightloss claims were unsubstantiated.

ANDERSON: On her website, Anna Nicole wrote in her bio that she was TrimSpa`s most famous customer, and that`s certainly true. Anna`s site also had a section where you could sign up to watch her personal video messages for a fee. There was everything from Anna making sandwiches to Anna trying to address rumors about herself. Well tonight her website looks very different.

Here it is. When you go to now there is simply a black and white photo of Smith and the year of her birth and her death.

HAMMER: New details about Anna Nicole`s autopsy, including why her body hasn`t been claimed yet. We`re going to hear what the doctor in charge of her autopsy had to say. That`s coming up.

ANDERSON: That`s right A.J. Also, the main concern now, Anna Nicole`s baby daughter. We`re going to go to the Bahamas and find out where Dannielynne is and what`s going to happen next. That`s still ahead.

HAMMER: Also, what really is the deal with Howard K. Stern, Anna`s lawyer turned lover? He says he is the father. Everybody is wondering now, is he going to get involved, is he going to do the right thing, is he going to take a paternity test? And exactly what is his role in Anna`s will? We`re going to look into that as SHOWBIZ TONIGHT`s coverage of Anna Nicole Smith`s death continues on Monday night. We`ll be right book.



HAMMER: Welcome back to SHOWBIZ TONIGHT. It`s 30 minutes past the hour. I`m A.J. Hammer in New York.

ANDERSON: And I`m Brooke Anderson in Hollywood. This is TV`s most provocative entertainment news show.

HAMMER: Well, tonight the frenzy surrounding Anna Nicole Smith`s passing is getting even more controversial by the minutes. This morning, the Nassau edition of "The Miami Herald" ran photos of the late model on her bed with a Bahamas immigration minister. Now this is the same immigration minister who approved Smith`s permanent-resident application last year.

These photos obviously have caused quite a controversy in the Bahamas, where everything related to Anna Nicole is being called into question.

One of our first questions: just where is baby Dannylynn? And who`s taking care of her right now?

CNN`s Rusty Dornin is in the Bahamas searching for answers to that question for SHOWBIZ TONIGHT.


RUSTY DORNIN, CNN CORRESPONDENT (voice-over): The hunt was on. Where was Anna Nicole Smith`s baby daughter Dannylynn? We knew she was in Nassau; word was she had been taken care of by the mother of a high-ranking Bahamian official.

So with our driver, Mark Bastian (ph), we were searching for an orange-and-white house.

(on camera): What about this one?

UNIDENTIFIED MALE: We don`t consider that (INAUDIBLE)


(voice-over): Here, enlisting the local help is crucial. But it`s often unclear how much they really know.


DORNIN: We find the house only to discover no one is home. Other reporters are on the scene.

But we locate Godfrey Pinder, an attorney for the original of the house where Smith was staying before she died. He says he`ll take us to where he thinks the baby is. But we wind up back at the same house.

So Pinder says let`s go to the mansion in Nassau where Smith was staying. He knows the address well. He claims Smith never legally paid his client for purchasing the house. It`s been an ongoing battle in the local courts.

GODFREY PINDER, ORIGINAL OWNER`S ATTORNEY: She refused to sign the promissory note and of course the (INAUDIBLE). As a matter of fact, she tore it up.

DORNIN (on camera): The battle is in full swing. As we stand before the locked gates of the property in dispute, up rolls an entourage: SUVs, television crews and plenty of security.

Pinder was told to leave by one of Smith`s former bodyguards.

UNIDENTIFIED MALE: Excuse me, you have to go.


UNIDENTIFIED MALE: You have to go.


DORNIN (voice-over): The "why" came soon enough. Wayne Munroe, Smith`s former attorney, had a court paper ordering the original owner to stay away from the property.

UNIDENTIFIED MALE: I still have to ask you to comply.

PINDER: Well, let me - let me read it first.

DORNIN: Munroe claims things were taken from the mansion illegally by the original owner on Friday - a charge Pinder denies.

The confrontation took place complete with reporters and police on the scene. Still, the looming question: where`s the baby?

Smith`s former attorney would only answer in the vaguest manner.

UNIDENTIFIED MALE: The child as far as I know has never left the country of her birth. Never.

DORNIN: She was born here in the Bahamas. While the exact whereabouts of the baby has not been revealed, most here believe the hunt is over - that she remains behind these locked gates.

But whether she`s here or not, Munroe says with a custody battle looming, there are no plans to take her elsewhere.

(on camera): So the baby would stay here until the matter is completely settled, whether it`s in the Bahamas.

UNIDENTIFIED MALE: Until the matter`s resolved.

WAYNE MUNROE, ANNA NICOLE SMITH`S FORMER ATTORNEY: As far as - as far as my instructions are.

DORNIN (voice-over): The poor little possibly rich girl whose legal battles may have only just begun.


HAMMER: That was CNN`s Rusty Dornin following the story for SHOWBIZ TONIGHT from Nassau in the Bahamas.

And now, another startling twist. Tonight, Howard K. Stern`s sister is speaking out, and she`s really concerned about his health. Bonnie Stern is also in the Bahamas with her brother, who also claims to be the dad of Dannylynn.

Well, she told SHOWBIZ TONIGHT - quote - "My brother Howard is overwhelmed with grief in a way I have never seen anyone grieve before. The atmosphere here is so stressful that I`m concerned for his safety and well- being. But again, I know Howard is strong enough to deal with anything."

ANDERSON: Still so many questions surrounding Stern. He`s back in the Bahamas staying in the mansion he shared with Anna Nicole, and has been reunited with Dannylynn, the baby he says he fathered with Anna.

But does he have a right to be her guardian right now? What about a will, if there is one? And the nasty battle over the paternity test.

Well, with us tonight, Court TV correspondent and attorney Jean Casarez.

Jean, thanks for being here.


ANDERSON: Help us understand this. Anna Nicole`s mother, Virgie Arthur, in the Bahamas, trying to find the child, get custody, care for the baby. And then you haven`t had paternity test to prove that Howard K. Stern is the father.

So why does he get the baby? I really don`t get it.

CASAREZ: Well, I think at one point - this point - let`s look at Bahamian law, which is what I`ve researched a little bit. Because we`re not in the United States anymore; we`re over there in the Bahamas.

And what they say is that Howard K. Stern is in a good position right now. Because as far as custody, he`s got physical custody. As far as determining whether he is the father, presumptively, according to the law, he is the father. Why? Because of two reasons.

Number one, he cohabitated with the birth mother in an enduring, serious relationship when the child was born. And number two, that he signed an affidavit when registering the child - I think we`re talking about the birth certificate there. Remember, his name is on that birth certificate.

So he`s got the physical custody; his name is on the birth certificate.

ANDERSON: Well, you talk about Bahamian law; it is a different jurisdiction. We`re expecting a - a hearing on February 20 to address this whole paternity battle.

Could the fact that he is in the Bahamas give him some leverage there to keep stonewalling a possible DNA test.

CASAREZ: I think definitely.

Now that February 20 hearing you`re talking about, that`s in Los Angeles, half a world away, right? It`s Superior Court in L.A. because Larry Birkhard (ph) (sic), who says, `I am the father; I live in Los Angeles, and I want paternity to know of - of that child. I want a paternity test.`

So the judge is going to have to rule first of all if he still has jurisdiction over Anna Nicole to get DNA from her body that`s in Florida, and then I think he will address again the paternity issue, the testing for the little child.


Let`s get to another point here, Jean: the will. And there are reports now that a will does exist. There`s also speculation that Howard K. Stern is the executor of the will.

So if he`s the guy in charge, Jean, what if in the will he`s also the beneficiary of the hundreds of millions dollars Smith could inherit from her late husband, J. Howard Marshall? Executor of the will, possible beneficiary - could there be a conflict?

CASAREZ: Oh, definitely. There could be a big conflict of interest right there. There could even be an argument that it`s not a valid will - that Anna Nicole was forced to sign that type of a will.

What I have heard - if a will exists, and we - we`ve had no confirmation of that - but it appears as though there could be a will that was written even before Daniel died, that Anna Nicole did name Howard K. Stern as the executor, and everything he left - she left to Daniel. If so, that - that will is basically null and void, right? Because Daniel is now deceased.


So then would it go to the child? Would it go to the baby?

CASAREZ: Then you have intestate succession - the nearest kin to Anna Nicole. That would be that baby girl.


Another cliffhanger here, Jean: right now, Howard K. Stern living in the mansion Anna Nicole Smith claims she owned. But if he gets kicked out of there and doesn`t find another place to own right away, is it possible he could get kicked out of the Bahamas?

CASAREZ: I think that`s a very valid point right there. Because remember, to have legal residency in the Bahamas, you have to own a home. Well, what G. Ben Thompson (ph) is saying today is, `You don`t own that home because I own that home.` And even if Anna Nicole had a claim to the home, she`s deceased now, and you`re just a live-in boyfriend right there.

So he could come in and say he has no legal right to that home. Then you wouldn`t have legal residence in the Bahamas. Then the Bahamas possibly could deport him as an undesirable.

ANDERSON: Not his only problem he`s facing. He`s also still got the inquest into Anna Nicole`s son Daniel - his death hanging over his head, doesn`t he?

CASAREZ: That`s right. March 27, that`s the date for that. And it is an inquest, according to Bahamian law, to see if criminal charges should be filed.

Anna Nicole was supposed to be a witness, and Stern is somebody that the government either wants to be a witness or possibly could be looking at.

ANDERSON: Hmm. Still so many questions. Hopefully, we will have answers soon.

Court TV correspondent and attorney Jean Casarez, thanks so much for your insight.

CASAREZ: Thank you.

HAMMER: We`ve been asking you to vote on our SHOWBIZ TONIGHT "Question of the Day": "Anna Nicole`s Death: Do you think foul play was involved?"

Here`s how it`s going so far: split right down the middle - 51 percent of you say "yes"; 49 percent of you say "no."

Some of the e-mails we`ve received so far include one from Sammy in Canada, who just doesn`t trust Anna`s lover and lawyer Howard K. Stern. She says, "The police should investigate Howard more. It seems that he doesn`t want that paternity test. It`s fishy to me."

Please, keep voting and sending us your thoughts, at

ANDERSON: A.J., there are so many issues here. You`ve got the paternity test, millions of dollars at stake, and two countries involved, the U.S. and the (INAUDIBLE) - Bahamas to figure it all out.

HAMMER: Yes, I got the charts and graphs in my office right now trying to keep it - keep up with all of it.

ANDERSON: Well next, one of TV`s top judges is here to help sort it all for us.


Well also, the very tight security surrounding Anna Nicole`s body. Plus, why no one has claimed it yet.

We`ve also got this:


PAULA ABDUL, ENTERTAINER: I just feel - I feel really bad. And I - and so it`s - it`s just heartbreaking.


ANDERSON: Paula Abdul just one of the many stars speaking out about Anna Nicole Smith`s death. SHOWBIZ TONIGHT has the biggest celebrities revealing how they will remember her. That`s next.


HAMMER: Welcome back to SHOWBIZ TONIGHT, TV`s most provocative entertainment news show. I`m A.J. Hammer in New York. This is our continuing coverage of the shocking mystery surrounding Anna Nicole Smith`s death.

And now a revealing look at what`s going on behind the scenes at the medical examiner`s office, where Anna Nicole`s body lies. With the very latest tonight from Miami, CNN national correspondent Susan Candiotti for SHOWBIZ TONIGHT.

Susan, I understand you interview Dr. Joshua Perper. He`s the Broward County chief medical examiner who`s in charge of the autopsy on Anna Nicole Smith. And I understand you have some new information for us tonight.


We have now learned that Dr. Perper had a conversation by phone today with Smith`s longtime companion Howard Stern. The two of them spoke, and Dr. Perper tells me that that Stern was able to provide him with important medical information, details about both her medical conditions as well as her recent and past history. He said this will allow him to bring a new focus into his autopsy investigation.

This is something that Dr. Perper likes to do. He likes - has a very hands-on approach in all of his autopsy investigations.

Also, Dr. Perper said that Stern did not bring up with at any time taking custody of Smith`s remains. And Dr. Perper had another phone conversation, and that is with a Los Angeles-based doctor. This is a friend of a couple. He also spoke with her about medical condition, and the fact that she had spent some time with Stern and Anna Nicole Smith at this hotel in Florida, and that this doctor gave her some unspecified medical advice, and that she left a day before Smith died.

HAMMER: You know they`re going to have to be as comprehensive as is possible in this particular case and leave no stone unturned.

And I understand the doctor also told you something fascinating: the - the extraordinary lengths that they`re going through in Miami to make sure that all the freaks and - and the media don`t get inside the ME`s doors.

In - in terms of security there, what can you tell us?

CANDIOTTI: It`s very tight. I`ve never seen it like this, quite frankly, in all the years we`ve been here. They have sheriff deputies posted around every door, guards on duty on the outside, and they`re very careful about who gets into the building. I mean, you better have an ID to show.

Along with this very important fact, they are making sure that anyone who gets anywhere near Anna Nicole`s remains does not have any kind of equipment that can take a picture, like a cell phone camera, or any other kind of Blackberry, for example, that can take a video, or a cell phone for that matter. They want to make sure that no one gets near her remains to make any kind of image from it. And that`s because priority - security is a high priority for this medical examiner.


CANDIOTTI: She is on the premises here? Is.

DR. JOSHUA PERPER, CHIEF MEDICAL EXAMINER: She is a premises, in a - in a locked place. And I have concern that it`s not efficient to have the office locked, because I was afraid that some - some people who might be acting in an improper fashion may bring into the office and take - photocopy the body. We asked the sheriff - the Broward County - Sheriff Janey (ph) to help us with security. And she was very kind and proper in - and immediately provided us with a number of deputy sheriffs, which are now protecting the office, blocking the front and in the back.

(INAUDIBLE) concern. Because though it`s unlikely - you know, there`s no guarantee somebody cannot break in the office.


CANDIOTTI: You know, as gruesome as that sounds, security does have to be a major matter of concern here for the medical examiner. There are reports that the couple`s home in the Bahamas was broken into. And this: all kinds of rumors we have heard today that millions of dollars are being offered for pictures of Anna Nicole Smith`s remains.

HAMMER: I hate to say it, that doesn`t surprise me at all.

CNN national correspondent Susan Candiotti, thanks for that new information tonight.

ANDERSON: As the Anna Nicole story plays out, there are going to be a lot of judges involved. Judges deciding the paternity battle over Anna Nicole`s baby, judges making calls about whether Anna Nicole was entitled to hundreds of millions of dollars from her late husband`s estate.

So tonight, SHOWBIZ TONIGHT is calling in a judge to help us sort this out. With us tonight from TV`s Judge Alex is Judge Alex Ferrer. He`s with us tonight from Miami.

Welcome, Judge Alex.

JUDGE ALEX FERRER, "JUDGE ALEX": Well, thanks for having me.

ANDERSON: All right. I want to start with the battle over who is the father of Anna Nicole`s baby.

Right now, there are at least three men claiming they are the potential father. Of course, DNA very important here.

But besides the DNA issue, what other issues do you face in determining who is the father of that little baby?

FERRER: Well, DNA is going to the premiere question here. Because that`s - that`s going to be conclusive of real paternity.

But the case is fraught with a zillion issues. You have issues of domicile, which will help determine which laws applied. You have issues of - of guardianship, who`s going to be the best guardian for this child. You have hundreds of millions of dollars potentially at stake, which have to be determined by a different court. You could have a situation where you have Bahamian law determining some issues, and you have California law determining other issues.

This is - this case is like a complicated law school exam, to be honest with you.

ANDERSON: Yes, endless issues.

And up until now, you know, we though the paternity battle was crazy enough between Howard K. Stern and Larry Birkhead. Then, Zsa Zsa Gabor`s husband throws his hat in the ring, as the potential father.

And now, Judge Alex, the half sister of Anna Nicole is claiming the baby could actually be from the frozen sperm of Anna`s late husband J. Howard Marshall. All right, let`s J. Howard Marshall turns out to be the father. He`s dead; deceased for years.

As a judge, what do you have to take into account?

FERRER: That is - that is honestly one of the most complicated questions in my mind. I don`t know the answer to that that.

Because I`ll tell you, people often pass away before their child is born because of the nine-month gestation period. However, what we have here is a child that wasn`t even conceived - if that`s true - until 10 years after Marshall died. Wasn`t born until 11 years later. And it`s going to be an interesting question whether a court`s going to allow a mother to dictate how assets will descend through - through to an heir that wasn`t in existence for 11 years after the father passed away.

Not to mention, if it is determined that Mr. Marshall was the father, that, you know, the whole question of should Marshall`s family be the guardian of this child. The money kind of circles back around and stays with the Marshall family.

It`s - it`s really a bizarre circumstance.

ANDERSON: It certainly is bizarre.

And to make it all even more complicated, we`re not just dealing with two different states here. We`re dealing with two different countries. So besides the.

FERRER: That`s right.

ANDERSON: .obvious complications, how do you enforce the laws and the decisions that are made when you`re dealing with all those different jurisdictions?

FERRER: Well, you know, it may not be that difficult. If - if domicile is determined to be in California or in the Bahamas, and it`s - there`s no conflict between the two jurisdictions, where you have a judge in - in California or a judge in the Bahama (sic) finding different than the other judge, then it probably won`t be that difficult, because the - the child will probably be domiciled in the Bahamas, or at least the Bahamian law will determine the descent of the property. And the assets are going to be in California, so you`ll end up with a judge there opening an ancillary proceeding to - to domesticate the judgments from the Bahamas as to how the property should be dispersed.

But if it turns out that they are at odds with each other, the State Department could very well have to get involved. And - and that is a real possibility in this case.

ANDERSON: When we`re talking about assets, very quickly, the will. Reports a will did exist. You know, when she died, she was still fighting to get 400-plus million dollars from the estate of her former husband.

FERRER: Right.

ANDERSON: Who would get that money?

FERRER: Well, the - if - if there`s a will involved, that`s going to make it a lot easier. If there`s no will involved, then you`re dealing - you`re dealing with intestacy laws. And if California law dictates the child - because I understand she`s not married to Mr. Stern.


FERRER: So the - the child would end up inheriting the money. And of course, the guardian would have a lot of control over petitioning the court to determine how that money is used.

ANDERSON: Is dispersed. Very complex case in so many ways. Thanks for sorting it out for us, Judge Alex Ferrer.

FERRER: It`s a pleasure.

ANDERSON: And tune in to "Judge Alex." Be sure to check your local listings.

HAMMER: Reaction from the stars to Anna Nicole`s shocking death is still pouring in. The stars speaking out, next on SHOWBIZ..


ANDERSON: Welcome back to SHOWBIZ TONIGHT. I am Brooke Anderson in Hollywood. More now of our continuing coverage of the mystery surrounding Anna Nicole`s Smith death.

Stars from all over the globe have been speaking out with really emotional reactions to her death. SHOWBIZ TONIGHT was right there at the Grammy Awards in Los Angeles last night, where music`s biggest celebrities shared how they think Anna Nicole should be remembered.


ABDUL: I hope that, you know, this is - this is what people remember, is she`s like any other mother mourning over the death of her son. And it just seemed like it was just a tragedy. It`s just tragic over that, and as a mother I couldn`t even imagine how that would feel, even with the overwhelming bliss of a - a newborn.



KIMBERLY, PUSSYCAT DOLLS: She had a certain energy that I think people that are - you`re attracted to that are famous, she just lets off this energy that you`re attracted to watch. Like, no matter she`s doing, she`s beautiful, you want to stare at your face, you want to stare at what she`s doing.

The pictures she did in the Guess? ads were - they`re famous. Like, I think she`ll always be known for that. And I celebrate everything that she stood for, which was a - a beautiful girl.



"WEIRD AL" YANKOVIC, ENTERTAINER: It`s just very sad. I mean, obviously a very - you know - you know, a young woman gone far before her time. She - she`s an interesting story. I mean, there are a lot of things in her life that actually made for a - you know, a good reality show. And in fact, it was.


ANDERSON: And Omarosa - remember her, from "The Apprentice"? She says people were so fascinated by Anna Nicole because she was - quote - "a really, really pretty train wreck, and you just couldn`t turn away."

HAMMER: Remember, SHOWBIZ TONIGHT is the place for the most complete coverage of this developing Anna Nicole Smith story. We`ve got all the angles covered for you: the mystery surrounding what killed her, the nasty custody battle for her baby daughter, the fight for what could be a half-billion dollar inheritance. And all the other twists and turns that you know are going to come up.

Plus we`ve got reporters on the ground chasing leads in Florida and in the Bahamas. So stick with SHOWBIZ TONIGHT tomorrow for much more on this stunning story.

And that is it for SHOWBIZ TONIGHT. Thank you for watching. I`m A.J. Hammer in New York.

ANDERSON: And I`m Brooke Anderson in Hollywood.

"GLENN BECK" is coming up next, right after the latest headlines from CNN Headline News.


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