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Nancy Grace

Anna Nicole`s Will Released

Aired February 16, 2007 - 20:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

NANCY GRACE, HOST: Breaking news tonight, emergency hearings, bombshell rulings in the case of covergirl Anna Nicole Smith. Tonight, Anna Nicole Smith`s will is produced and the details of the will that controls an estimated $475 million estate.
And today, embalming is ordered and then called off when a local funeral home tech refuses to sign a confidentiality agreement. Why? Did he want to talk about the dead body? Bottom line, no embalming, Anna Nicole Smith`s body still laying in refrigeration at the morgue, day eight. It`s under such tight security, the body won`t even be moved to a funeral home, instead embalmers coming there to the medical examiner`s. And we learn the covergirl predicted her own death, having a burial dress designed and a casket already chosen.

And tonight: The jury speaks in the mystery death surrounding an 8- year-old boy allegedly punished to death for not praying hard enough during an on-line church service.

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: There are eight candles on that cake. But you know what`s not on there? One more candle for his 9th birthday because he didn`t get to see it.

UNIDENTIFIED MALE: I`ve been dealing with them and their friends and family members and other children. It`s been gut-wrenching.

UNIDENTIFIED FEMALE: We, the jury, find the defendant, Joseph Smith (ph), guilty of the offense of involuntary manslaughter, a felony. We, the jury, find the defendant, Sonya Smith (ph), guilty of the offense of involuntary manslaughter, a felony.

(END VIDEO CLIP)

GRACE: Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight. Today, bombshell developments in the story surrounding the death of 39-year-old covergirl Anna Nicole Smith.

(BEGIN VIDEO CLIP)

JUDGE LARRY SEIDLIN, BROWARD COUNTY DISTRICT COURT: I`m not releasing the body. This body belongs to me now.

I want to put to rest Miss Smith`s body, and that`s why (INAUDIBLE) I want her to have the peace and tranquility that she deserves.

We`re going to take this robe (ph) and it as exhibit A.

UNIDENTIFIED MALE: The will is something that was written back in 2001. Everything was supposed to be given to Daniel. Now that Daniel`s gone, it should be Dannielynn Hope.

SEIDLIN: Since this case started, we have been dealing with (INAUDIBLE) with the will. I want to see it.

UNIDENTIFIED MALE: All right.

SEIDLIN: Now!

UNIDENTIFIED FEMALE: I think it`s a very complicated issue. We are multi-jurisdictional. We have, you know, California law and Florida law and Bahamian law.

UNIDENTIFIED MALE: To me, it`s rather simple. I mean, clearly, Anna Nicole wanted to be buried next to her son. I mean, it`s black and white. Anna Nicole did not like her mom.

UNIDENTIFIED MALE: This is a court. We just want to get to the facts.

UNIDENTIFIED FEMALE: This issue is Anna`s. This is about her, about what she wanted. Anna didn`t want to go to Texas when she was alive.

SEIDLIN: She was a beautiful woman, and she wants to remain in that condition as she`s placed in her final resting place.

I want complete finality. I want peace and tranquility not only for the dead, but for the living.

(END VIDEO CLIP)

GRACE: Peace and tranquility? Are they kidding? Down there in the Florida courtroom, it`s anything but!

Before we get to the will, which I have in my hand -- it`s the will of Vickie Lynn Marshall, who is Anna Nicole Smith -- now we hear, after a judge orders a funeral home to conduct the embalming, the local funeral home refuses to sign the confidentiality agreement. What do they want, a scoop with "The Enquirer"? So now no embalming. It`s incredible!

Out to you, Art Harris. What`s going on?

ART HARRIS, INVESTIGATIVE JOURNALIST: Well, Nancy, exactly. The embalming may take place tomorrow, if they can find a funeral home willing to sign...

GRACE: Wa-wa-wa-wa-wait! Wa-wait! Wa-wait!

HARRIS: ... the confidentiality statement.

GRACE: (INAUDIBLE) Don`t tell me what might happen tomorrow. I want to hear what happened today.

HARRIS: Nancy...

GRACE: Why did this funeral home...

HARRIS: Today, what happened...

GRACE: Who are they? Why didn`t they sign a confidentiality agreement?

HARRIS: That`s a great question, Nancy. Perhaps they didn`t want to be liable if for some reason a photograph or someone who works at that funeral home leaked a picture or even described what Anna Nicole looked like, you know, in the casket. This is not something that, you know, the judge was taking lightly. He wanted tight security. So did the medical examiner. And they wanted any funeral home or any embalmer who is going to work on this body at the medical examiner`s office to sign a confidentiality statement swearing secrecy. They were not willing to do that today, so they`re back to ground zero.

GRACE: You know, it`s incredible to me. I want to go out to a special guest joining us from Nassau, Bahamas, Wayne Munroe. He is the attorney for Anna Nicole Smith`s estate. Mr. Munroe, thank you for being with us. I`ve never seen anything like it, where a funeral home refuses to conduct an embalming under court order because they don`t want to adhere to a confidentiality agreement? Did you hear about this?

WAYNE MUNROE, ATTORNEY FOR ANNA NICOLE SMITH`S ESTATE: No, I didn`t hear about this. I`m hearing about it now for the first time.

GRACE: Well, I hate to be the one to break it to you.

Let me go to Dr. Joshua Perper. He is the chief medical examiner there in Broward County. He and a team of doctors, as you well know by this juncture, took over six hours to perform an autopsy on the 39-year-old covergirl, Perper going back to the morgue to take additional DNA swabs under court order.

Dr. Perper, I`ve never heard anything like it.

DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: Well, I never heard, either. But today, the guardian for the child in the Bahamas found another funeral director, and this one is going to perform the embalming in the medical examiner`s office in Broward at 8:00 AM tomorrow morning.

GRACE: Dr. Perper, this morning when you woke up, did you believe the embalming was going to take place?

PERPER: No, I think it would be comic if it`s not sad, really. It`s something totally -- was totally unexpected to me. I think that they had some -- initially, some concern about a specific performance which was one of the clauses of the confidentiality agreement. And then the two embalmers who were supposed to sign, as well, refused to sign.

GRACE: Now, when you say they were worried about one of the clauses in the confidentiality agreement about specific performance, what do you mean?

PERPER: In other words, there was a clause which said that the -- if there`s any violation of the confidentiality agreement, then the court could order the funeral home to do certain actions, so the action -- the violation is not repeated or doesn`t continue or is not possible.

GRACE: Dr. Perper, when did you learn that there would be no embalming today, that her body was going to stay chilled in your morgue?

PERPER: Well, we had a representative from the administration of the funeral home at about -- probably around 3:00 o`clock. And then he was thinking whether to sign or not because of the specific performance clause. And finally, the owner decided to sign. And then when the two embalmers were supposed to come, they refused to sign. And then the administrator left, and obviously, the funeral home was out of business in this instance.

GRACE: Dr. Perper, were you surprised when you learned the funeral home would not agree to the confidentiality agreement?

PERPER: I was very surprised. I would have expected that they first agree to the agreement, and then they would come to the medical examiner`s office to perform the embalming. My understanding is that now they have signed in advance, so you`re not going to have any surprises tomorrow morning.

GRACE: Let`s go out to the lines. April in Canada. Hi, April.

UNIDENTIFIED FEMALE: Hi, Nancy. I love you and your show.

GRACE: Thank you.

UNIDENTIFIED FEMALE: Nancy, wouldn`t it be standard procedure for Anna Nicole`s lawyer to advise her to draw up a new will immediately after the death of her son, Daniel, in order to protect her and the interests of her and her wishes?

GRACE: Well, April in Canada, you really need to move south and become a lawyer here because you`re exactly correct. And in fact, April in Canada, in many jurisdictions, when there is a marriage or the birth of a child, it null and voids any preexisting will because the law -- the law -- wants to presume that you intend to take care of financially, as best you can, your spouse, like a husband, and your children. And if a child is born or you marry after a will, in many jurisdictions, that null and voids any preexisting will.

Let`s unleash the lawyers and go straight to it, not only on this incredible bombshell regarding a funeral home refusing to sign a confidentiality agreement on Anna Nicole Smith`s embalming -- incredible, I guess they all wanted a scoop with "The Enquirer" or "The Globe" of "The Start," I don`t know. And also, what is happening with this will.

Let`s go out to the lawyers. Joining me tonight, Steve Greenberg, Mickey Sherman, Jeffrey Skatoff, Jamal Davis and Wayne Munroe. We`ve got quite a packed box at the jury box tonight.

Out to you, Mickey Sherman, regarding the will. Let`s answer April in Canada. Why didn`t the lawyers advise her, You`ve had a child, you need to revise your will? It`s simple. It`s estate planning, Mickey.

MICKEY SHERMAN, DEFENSE ATTORNEY: Well, obviously, she`s never listened to a lot of people for good advice. She has, it looks like, a mixture of people who have given her bad advice, a conglomeration. So I`m not surprised that when she should have done something that would protect her estate, it just never crossed her mind. She was more interested in doing something...

GRACE: So you`re blaming the client?

SHERMAN: Well, yes. Yes. I mean...

GRACE: I don`t know if I agree with that.

SHERMAN: It`s her responsibility. And I don`t think she really was on top of things, obviously, and the people around her just didn`t have the wherewithal or the smarts or the niceness to tell her what to do.

GRACE: OK, let`s talk about the actual will. Here in the studio with me, Court TV`s Jean Casarez. She`s been on the case from the beginning. Let`s talk about this all-important clause in the will that refers to her son, Daniel. Explain.

JEAN CASAREZ, COURT TV: That`s right. This will was created in 2001. Two significant things. First of all, she left everything to her son, Daniel, and she also specifically disinherited any future children. That`s right. So two significant events happened this year. Number one, Daniel died. Number two, she had a baby daughter. So I think what Mickey Sherman is saying, Why wouldn`t a new will be drafted?

GRACE: I found it. Here it is. It says, "I am unmarried. I have one child, Daniel Wayne Smith. I have no predeceased children nor predeceased children leaving issue. Except as otherwise provided in this will, I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children or other descendants now living and those hereafter born or adopted, as well as existing and future stepchildren and foster children."

I think that about covers it all, Jean.

CASAREZ: That`s right. So she left everything to Daniel and disinherited, intentionally omitted, anyone else. And that would include Dannielynn.

GRACE: Out to attorney Jeffrey H. Skatoff. He is an expert in probate and wills. Jeffrey, what does this mean?

JEFFREY SKATOFF, PROBATE AND WILLS ATTORNEY: Well, what it means, Nancy, is that the will has no backup beneficiary provision, so that upon the death of Daniel, the will does not say who is to get the estate. You can put in the will who is not to get your estate, but that`s not really effective unless you say who is to get the estate. This will fails. We have a failed bequest. And when we have a failed bequest, we go under the law of intestacy (ph) of the state where the will was created...

GRACE: Now, you know what?

SKATOFF: ... in this case, California.

GRACE: You`re sounding a little bit like a sorcerer in "Harry Potter." When you say intestate, simply, no will. So the state decides what to do with your money when you don`t have a will. But back to you, Jeff Skatoff, joining us out of West Palm Beach, Florida, an expert in wills and estate and probate. We don`t have a will. What jurisdiction governs? Is it going to be California, Texas, Bahamas, Florida? Give me your best shot, Jeff.

SKATOFF: Well, the will says that it is to be interpreted under California law. So under California law, if we have an estate where the will does not say who the property goes to, it goes first to any living children. So I believe that this estate will ultimately go to her daughter.

GRACE: I think you`re right. I want to touch on the other issue -- out to you, Steve Greenberg -- regarding a funeral home -- and their name is Fred Hunter`s (ph) Funeral Home there in Hollywood, Florida -- refusing to sign a confidentiality agreement. Now, maybe Dr. Perper is correct that there was a clause for specific performance that they didn`t like. But what do we do now? Why would a funeral home refuse a confidentiality agreement?

STEVE GREENBERG, DEFENSE ATTORNEY: Because this has turned into a big circus and maybe they just didn`t want to get drawn into the big circus. They were afraid, as you said, that someone would take pictures on a camera phone, something like that, sell them to "The Enquirer," and all of a sudden, they`re...

GRACE: Whoa, whoa, whoa, whoa, whoa, whoa!

GREENBERG: ... on the hook and they`re...

GRACE: What do you mean, somebody take a picture with a cell phone? Uh-uh! No, no, no!

Back to you, Dr. Perper. Isn`t it true that whoever comes in to embalm Anna Nicole Smith`s body is going to be overseen by a doctor there at the morgue?

PERPER: Absolutely. And our staff will not allow any kind of photography. They are going to be present. We are going to show -- to know for sure that there are no cameras, that there are no cell phones who have -- which have cameras. It`s virtually impossible because once they ended the...

GRACE: So why...

PERPER: Once they ended the embalming, they will be placed in a -- in a sealed bag to which they don`t have access.

GRACE: So bottom line, there`s not going to be a chance for somebody right in the middle of the embalming process to go, Oops, phone call, and take a picture. No way, Dr. Perper, correct?

PERPER: Correct. But they can describe the findings of how the body looked, and the confidentiality agreement forbade that.

GRACE: Dr. Perper, do you have a theory as to how -- or a suggestion as to how the embalming should take place and how these remains should be transported to a plane or other mode of transportation to its final destination?

PERPER: Yes.

GRACE: What?

PERPER: And what we are going to offer to the legal next of kin is to have the body shipped straight from the office of the medical examiner to the air flight company, to be flown to whatever destination the legal next of kin decides.

GRACE: Dr. Perper, do you believe that after the embalming right there in the ME`s office, in the morgue, that she should remain in the bag and that bag should be bound with tape so there`s no chance that bag is opened and someone sneaks photos? It`s so sacrilegious, it`s so wrong to take advantage of her body.

PERPER: Well, absolutely. But because there was such a concern, we took very extreme steps to make sure that nobody has access to the body for purposes of photography or any purpose. And I couldn`t understand the concern of the funeral home because unless they describe the body, photography or drawing from the body would be impossible.

GRACE: And Dr. Perper, very quickly, is her body encased in anything? Is there a transparent window through which you can see Anna Nicole Smith?

PERPER: No. There`s nothing -- we cover -- when the body was brought to the autopsy room, we covered all the area with tape and paper.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: ... under California law, under Bahamian law, under Florida law...

UNIDENTIFIED FEMALE: No! Not under Florida law!

(CROSSTALK)

UNIDENTIFIED FEMALE: ... the case of Lander (ph) versus Smith UNIDENTIFIED no longer the presumption.

UNIDENTIFIED FEMALE: If Your Honor would just let me briefly continue, hopefully without interruption?

UNIDENTIFIED FEMALE: I object!

UNIDENTIFIED FEMALE: I`ll do what Your Honor says. I`ll do whatever Your Honor says.

UNIDENTIFIED FEMALE: I absolutely am filing an objection, a motion to dismiss.

UNIDENTIFIED FEMALE: Mrs. Arthur just doesn`t get to step in at that point and then it`s all done and what Miss Anna Nicole Smith wanted is out the window. Her son that she raised for 20 years as a young single mother...

(END VIDEO CLIP)

GRACE: Would you trust this bunch with your dead body? I vote no, OK? But that`s just me.

I`ve been thinking a lot about why that funeral home may have refused to sign a confidentiality agreement. What about the possibility that they`re part of a chain, and that the giant corporation didn`t like the idea of a very strict confidentiality agreement? We don`t know yet. All we do know is that Dr. Perper wanted the embalming to take place, the body still sitting there, day eight, in refrigeration. No move. And today, everything fell apart.

Thank you for being with us. Let`s go out to the lines. Let`s go to Pam in Michigan. Hi, Pam.

UNIDENTIFIED FEMALE: Hi, Nancy.

GRACE: What`s your question, dear?

UNIDENTIFIED FEMALE: My question is, first of all, is this judge elected? Because it just seems to me like he`s making a mockery of the whole courtroom and of Anna. And he`s, like, trying to get everything settled. I don`t know if he`s trying to make a name for himself, like Judge Ito, or what. But he`s trying to get everything settled, and I thought we were just there to decide where Anna`s to be buried.

GRACE: You know, Pam, excellent, excellent question. I don`t think he wants to -- anybody wants to make a name like Judge Ito made a name for himself.

Out to you, Art Harris. What do we know about this judge? Is he elected?

HARRIS: He was the youngest judge elected in the history of Broward County at 28, Nancy. He`s been a former juvenile court judge. He`s been there for...

GRACE: Right. Is he elected...

HARRIS: ... over 20 years.

GRACE: ... this time as a probate judge, or whatever his title is...

(CROSSTALK)

HARRIS: He has run unopposed and been reelected every six years, Nancy...

GRACE: OK, so the answer...

HARRIS: ... and is very, very popular.

GRACE: ... is, yes, he is elected, Pam, in Michigan.

HARRIS: He`s elected.

GRACE: Out to you, Betty in Michigan.

UNIDENTIFIED FEMALE: Hi, Nancy. I love your show.

GRACE: Thank you.

UNIDENTIFIED FEMALE: I was just curious, has anyone heard anything from Anna Nicole`s biological father?

GRACE: Actually, we did hear from him. Elizabeth, if you could pull that up ASAP for Betty in Michigan.

And it`s interesting -- out to you, Susan Lipkins, Dr. Susan Lipkins, psychologist and author -- that we haven`t heard the father coming forward and requesting the body. Nothing. Nothing at all. And also, Dr. Lipkins, what do you make of the fact of this premonition? Anna Nicole Smith had already had a funeral dress designed and picked out a casket, Susan.

DR. SUSAN LIPKINS, PSYCHOLOGIST: I don`t think that it was a premonition. I think that she was planning it, that there was something -- we call it suicidal ideation, that she was planning to commit suicide in some way, or expected it to happen, that she was going to deteriorate and die.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: This happened and it`s terrible, but I guess it really hasn`t hit me that it`s real. It`s hard, you know, to lose a grandson and a daughter, no matter if you haven`t been around them in a while or not. Like I say, it`s still your daughter.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

SEIDLIN: I`m not releasing the body. This body belongs to me now.

My tone was a little strong yesterday.

See these chains here. I have certain chains on my legs at this point.

When we bury her, I want it to be forever.

-- God forbid, buried that body, I would be in trouble now.

yes, let`s cut to the chase!

UNIDENTIFIED MALE: I understand (INAUDIBLE)

SEIDLIN: I`m not going to deal in a vacuum!

Is that logical?

UNIDENTIFIED FEMALE: No.

SEIDLIN: All right. That`s what I want you to argue.

UNIDENTIFIED FEMALE: OK.

(END VIDEO CLIP)

GRACE: Bombshell rulings today in the case of Anna Nicole Smith. The 39-year-old covergirl dead unexpectedly. Those proceedings still ongoing.

Out to Wayne Munroe, attorney for Anna Nicole Smith`s estate in the Bahamas. I understand Larry Birkhead is headed to the Bahamas on a paternity claim. Has he shown up yet?

MUNROE: No. And his lawyer makes it quite clear he does not have a paternity case in the Bahamas and he doesn`t categorize it as a paternity case.

GRACE: And Mr. Munroe, Howard K. Stern has been ordered to Florida for a hearing next week. What about the baby?

MUNROE: I know of no other ordering the baby to Florida, nor do I know that one can be made.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

LARRY SEIDLIN, BROWARD COUNTY JUDGE: It`s cold, but it won`t decompose so fast. That baby is on a cold, cold storage room. It`s not decaying so fast. I can go over there now and look at it. And I can go back in a month and still look at it.

So there`s no rush. We`re not rushing. I am not rushing. We`re crossing every t and dotting every i. We`re going to spend a lot of time together. It`s a nice group.

My tone was a little strong yesterday, but this court has jurisdiction over the body. And when I meant to make such an emphatic position, I wanted everyone to know we`re going to show respect and dignity to that body. And we`re holding that body, and that body is not going to be moved until this court rules. And we`ve all agreed to that. And that`s what we`re going to do. And I was emphatic, but it made the point and it brought us all together.

(END VIDEO CLIP)

GRACE: And they`re going to stay together for many, many days in the future. Today, an order by a judge to embalm the body of Anna Nicole Smith resisted by a local funeral home, Fred Hunter`s funeral home. Someone there did not go along with the confidentiality agreement, swearing them to secrecy of what they observed regarding her body.

So many more bombshell rulings in a courtroom today. We finally see the will of Anna Nicole Smith. The will amounts to nothing, apparently. And the case will now go in intestate, in other words, as if there had never been a will.

I want to go quickly to Matt Meagher with "Inside Edition." He`s joining us down in Nassau, Bahamas. Matt, where is the baby? And where is Stern?

MATT MEAGHER, "INSIDE EDITION": Stern and the baby are still in Horizon House here in Nassau.

GRACE: Do they ever come out?

MEAGHER: We`ve seen no evidence of them coming out. We now know that he`s going to have to come out on Tuesday.

GRACE: And speaking of coming out on Tuesday, Jean Casarez, explain.

CASAREZ: Well, the judge ordered today in a Florida courtroom that Howard K. Stern had to fly from the Bahamas to Florida to appear in court as a witness, probably witness number one. We`ve also heard that Larry Birkhead is said to be a witness for Virgie Arthur`s case. That`s the mother of Anna Nicole. And, remember, Virgie Arthur, the mother of Anna Nicole`s, in that courtroom. So all three people are going to be in the courthouse together.

GRACE: To testify about what? That`s why they`ve got lawyers.

CASAREZ: Who legally should have the body of Anna Nicole? What is Anna Nicole`s intent as to where she wanted to be buried? That`s the issue.

GRACE: And to you, Jeff Skatoff -- he`s joining us from West Palm Beach, Florida. He`s a probate and will expert. Are you telling me that her intent is going to be deciphered by this group of people, and that is going to rule?

SKATOFF: Under Florida law, the intent of a deceased person controls where they should be buried. And because Florida has custody of the body, I believe Florida law will decide where she is buried.

GRACE: Let`s go out to Jamal Davis, joining us in the Bahamas. This is Virgie Arthur`s Bahaman attorney, Virgie Arthur, Anna Nicole Smith`s mother. What is Virgie`s position on where she wants to bury her daughter, Jamal?

JAMAL DAVIS, BAHAMIAN ATTORNEY: Well, good night, first of all, Nancy. The position of Miss Arthur is simply that she wishes for her daughter to be buried in her hometown of Texas, where she can ensure that the arrangements and the burial is done properly.

GRACE: Well, what about the son, Daniel? Are we just going to leave him all by himself buried in the Bahamas?

DAVIS: Well, Nancy, he`s been buried, and there`s been no talk of exhuming the body.

GRACE: So I guess the answer is yes. With us in the Bahamas, a veteran trial lawyer, Jamal Davis. He is representing Virgie Arthur, Anna Nicole Smith`s mom. Also, speaking of a premonition that was alleged by Anna Nicole Smith regarding her death, take a listen to this.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Howard Stern has a specific casket that he had discussed with Anna Nicole, and there`s a dress that Anna`s dressmaker of 15 years is preparing, which Howard had wanted prepared in accordance with Anna Nicole`s intent for the casket and for her to wear. And we`d like that to be considered.

(END VIDEO CLIP)

GRACE: Let`s take a look at the dress she wore when she had the ceremony with Howard K. Stern. I would be willing to put money on it, if I were a betting woman, Susan Lipkins, that whoever designed that dress also designed the funeral dress. Back to you, Dr. Susan Lipkins, psychologist and author, you were telling us, what does that mean, that she already had a dress designed for her own funeral? She`s 39.

LIPKINS: Yes, she was planning her funeral. She was definitely thinking about suicide. And, you know, she has a history of depression. She may have been suffering from postpartum. Then she was shocked by the death of her son. And all of this leads us to think that, you know, this woman was definitely on her road to suicide, and she knew it. And she knew what she wanted to do, as well.

GRACE: Very quickly to Dr. Joshua Perper. He is the chief medical examiner and a renowned forensic pathologist. He performed the autopsy, along with the team, on Anna Nicole Smith. Dr. Perper, another rumor that I hope will be shot down by you, as you have so many other unsupported rumors, there was a rumor that two individuals had been caught trying to take photos of Anna Nicole Smith. Is that true?

PERPER: No.

GRACE: Have there been any -- has there been anyone trying to get into the morgue, trying to pass themselves off with a false I.D. or false name?

PERPER: Absolutely not.

GRACE: And how is that governed, who comes in and out the front door of the morgue?

PERPER: Well, we monitor the entry and the exit. And even assuming that they would enter the morgue, then they would have to go to the autopsy room. Then they would have to go to the locked refrigerator on the outside. And the body`s inside the locked cage with evidence tape inside that refrigerator. And the body`s in the back, and the area of the body`s covered with paper so it don`t permit viewing. It`s ludicrous.

GRACE: You know, Dr. Perper, I`m very grateful that you have taken so many precautions. And a lot of that you`ve done single-handedly. And, you know, it`s not just about Anna Nicole Smith, Dr. Perper. It`s really not. It`s about everyone who, at the time of their death, wants to be treated with some respect, you know?

And I think about people in my family, my parents. I don`t want to think that they`re sitting over at the morgue, and anybody can come pull the drawer out and look at them and comment on them. It`s very, very disturbing, frankly, Dr. Perper.

PERPER: Absolutely. Absolutely. And while police officer call the people who die victims or casualties, religious people pray for their soul, the family obviously hurts, we look at them as patients. And as patients, they deserve respect, as any patient, whether he`s alive or not.

GRACE: Well-put. Speaking of yet another legal battle, and if you can put embalming out of your head, take a listen to this.

(BEGIN VIDEO CLIP)

GRACE: You have claimed that you are, in fact, the father of 5-month- old Dannielynn, is that true?

UNIDENTIFIED MALE: Well, I didn`t claim. I only said, you know, there`s a court ruling now and two guys claim they are the father. And I don`t think it`s true.

GRACE: Is it true that you have stated you think you might be the father of Dannielynn?

UNIDENTIFIED MALE: I said everything is possible.

UNIDENTIFIED FEMALE: My client is the father of Dannielynn Marshall Stern. There is a proceeding to overturn a legal presumption. My client`s on the birth certificate.

DEBRA OPRI, DEFENSE ATTORNEY: I have one person to represent, and that`s Larry Birkhead. I have one life to save, and that`s Dannielynn. And that`s my mission.

So it`s a battle, and we are waging it, and Howard K. Stern, he better duck, because I`m coming.

(END VIDEO CLIP)

GRACE: Well, there you have it. I think it`s up to five people. I don`t know if that includes, Mickey Sherman, the frozen sperm allegedly of Howard Marshall, her former octogenarian husband. But to Mickey Sherman and Steve Greenberg, to you, first, Mickey, why doesn`t Birkhead just trot on down, it`s a one-hour flight to the Bahamas, and file for a paternity test there?

SHERMAN: Go figure. Nobody`s doing anything that`s logical here. And that is some circus, as you point out, down in Florida. I predict that Judge Seidlin is going to be replaced by either Simon Cowell or Ryan Seacrest. It`s like we`re watching sausage being made. It`s like an embarrassment. And I don`t know that it really puts a great light on the process, frankly.

GRACE: Very quickly, Steve Greenberg?

GREENBERG: ... do the DNA test, make your rulings, and everyone can get on with their life. Then they can all fight over the probate and whether she gets Marshall`s money or not.

GRACE: I agree. The baby`s in the Bahamas. Just call a lawyer down there. Call Jamal. Call Wayne Munroe. Have them file a motion for paternity. It`s easy.

And also, about the embalming, it`s Trial 101. We hear about confidentiality agreements all the time. It`s very simply put: Keep your pie hole shut. Can you just agree to that? Apparently this funeral home could not.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: During closing arguments, the prosecution lit eight candles on a cake, saying little Joseph never made it to his ninth birthday because his parents killed him, parents who are now staring at a sentence of life in prison. In the end, the jury rejected the defense`s argument, the marks all over the boy`s body were from a skin condition like eczema that got infected. Prosecutors say the child has received the best birthday present ever, the murder conviction of his parents.

Joseph and Sonya Smith kissed briefly as the verdicts were read. It was the only emotion they showed.

UNIDENTIFIED FEMALE: We, the jury, find the defendant, Joseph Smith, guilty of the offense of felony murder, as alleged in count two of the indictment.

(END VIDEO CLIP)

GRACE: An 8-year-old boy lost his life. According to prosecutor Eleanor Dixon, who is joining us tonight, the parents punished the child to death, apparently for not praying hard enough during an online church service.

Out to you, Nicole Partin, station manager at UCTV. Is it true they had a closed-circuit camera set up in a closet to watch the boy in there and there was like a cross, or a picture of Christ, where if the boy didn`t pray hard enough, they could find out?

NICOLE PARTIN, STATION MANAGER, UCTV: Yes, Nancy. Good evening. That is true. There are reports that this young boy was locked into a closet and told to pray to a picture of Jesus Christ, and there were cameras in the closet, and then the parents would monitor the boy`s praying through these closed-circuit TVs.

GRACE: What`s the connection to a church?

PARTIN: The parents, Joseph and Sonya Smith, were members of Remnant Fellowship. This is a church founded by Gwen Shamblin, located in Brentwood, just outside Nashville, Tennessee.

And apparently the church emphasizes discipline and the obedience of children, and directly are teaching their church members to spank their children and to be certain that these children obey them. And apparently Joseph and Sonya Smith had received this teaching from the church.

GRACE: Incredible. Joining me right now, the prosecutor in this case, Eleanor Dixon. Eleanor, it was a hard-fought trial. What took the jury so long to come back with a verdict?

DIXON: Well, I don`t know that they really took a long time, because it was a long trial. They had 14 charges to consider. And they...

GRACE: Hold on, hold on, hold on, El. Here is Eleanor Dixon taking out the candle -- I`ve watched her in court many times -- the candle that was missing off that birthday cake. Take a listen.

(BEGIN VIDEO CLIP)

DIXON: Happy birthday to you, happy birthday to you, happy birthday, dear Joseph, happy birthday to you.

There are eight candles on that cake. But you know what`s not on there? One more candle for his ninth birthday, because he didn`t get to see that. You may think that`s harsh, but it`s true, and it was at the hands of those people.

(END VIDEO CLIP)

GRACE: Well, did they cry throughout the court case, Eleanor Dixon?

DIXON: No, they only cried at certain times during closing argument and when we discussed the autopsy. But, Nancy, I don`t know if you know this, but today would have been little Joseph`s 12th birthday. And I feel very positive that the jury came back with this verdict on what would have been his birthday.

GRACE: Eleanor, you and I tried a lot of cases together in the Atlanta district attorney`s office. After a day like this in court, and a trial like this, I mean, how do you get ready for the next case? And what was the main point, the main point in this trial that secured that guilty verdict?

DIXON: I think the main point was the child`s body, which told the story, all the injuries, and the fact that the parents admitted using objects, like a glue stick, on him, and, you know, hitting him repeatedly with these objects, as well as the older child`s testimony that he saw the parents beating the child, as well. So I think that`s what secured the conviction. And as far as the next case? I`m on trial on the 26th.

GRACE: Another child case?

DIXON: Child molestation.

GRACE: What`s the sentence, Jean Casarez?

CASAREZ: Well, Nancy, they`re facing life in prison. This is with the possibility of parole. But, remember, the cause of death here was acute chronic abuse.

GRACE: Acute chronic abuse. What did that amount to, Eleanor?

DIXON: It amounted to, as I said, just the constant abuse of the child, the hitting him with all the objects.

GRACE: Why did they put him in that box?

DIXON: Right, they put him in that box. That was the last thing which probably also contributed to his death, because he couldn`t breathe in the box.

GRACE: And we have that picture of her with -- there you go. And we also have a video, Elizabeth, of Eleanor opening the box. If we could get that, I want the viewers to see what this child, an 8-year-old boy, was put into. And very quickly, Eleanor, the other children were not abused in the family.

DIXON: Well, they weren`t abused to the extent. Well, it didn`t come out in court, but there could have been some with the older child. But it was this child. And, as you know, with child abuse cases, sometimes parents target one child.

GRACE: Right.

DIXON: And clearly, Joseph was the one they targeted.

GRACE: So, Nicole Partin, you actually this Remnant church. And, believe me, everybody, we contacted the church multiple times today to hear their side and their doctrine regarding child -- what do you say, not punishment -- child education? And they would not comment. But, Nicole Partin, you went to the church. What did you learn about their position on this?

PARTIN: I did, Nancy. And I, too, have tried to contact them, with no avail, as well. No one would comment. I was told at the beginning, at the end, during the service that these people had been instructed not to comment on the Smith case.

There is a Remnant Fellowship handbook that`s given to members only, and in that handbook parents are told to spank their children, and the phrase is used, "Spank your children on the bare bottom until it is beet red, and this is a sign of true love." And so, obviously, there`s some stand that the church takes on discipline, maybe, you know, to such a degree that it`s unsafe for the children.

(COMMERCIAL BREAK)

GRACE: What a week in America`s courtrooms. Take a look at the stories and, more important, the people who touched our lives.

(BEGIN VIDEOTAPE)

SEIDLIN: That baby is on a cold, cold storage room. It`s not decaying so fast.

GRACE: I don`t like the way he`s talking about her dead body. Judge Larry Seidlin, you are in contempt!

SEIDLIN: I`m going to bite the bullet immediately. We need to put one cook in the kitchen here. We have to first determine who has the jurisdiction.

GRACE: Creepy comments by the judge, although his ruling, I believe, was totally correct under the law. I`ve never seen so much legal wrangling over a DNA test. It was like throwing 10 wet cats in a barrel.

UNIDENTIFIED FEMALE: Did you do the testing of the little girl, the baby?

UNIDENTIFIED FEMALE: Come on. This is so out of the...

(CROSSTALK)

UNIDENTIFIED FEMALE: My client`s on the birth certificate. My client is the named father, under California law, under Bahamian law, under Florida law.

(CROSSTALK)

GRACE: Oh, yes, they`re crying in court now during closing arguments, but it was their son, their 8-year-old son, locked in a closet with a closed-circuit TV watching him.

DIXON: It wouldn`t take long for an 8-year-old boy in this small space to quit breathing.

UNIDENTIFIED FEMALE: We, the jury, find the defendant, Sonya Smith and Joseph Smith, guilty of the offense of felony murder as alleged in count two of the indictment.

DIXON: This is not what we do to children.

(END VIDEOTAPE)

GRACE: Congratulations, Eleanor.

And to Judge Seidlin, good luck.

Last night, I cut short an American hero. Tonight, let`s remember Air Force Senior Airmen Elizabeth Loncki, 23, Newcastle, Delaware, killed, Iraq. A member of the bomb squad, Loncki put her studies on hold to enlist. She loved volleyball, swimming and matching the boys pushup for pushup, loved popcorn and loud rock music. She leaves behind proud parents, boyfriend, Jason, set to propose when she came home, and a 10- year-old sister, Elizabeth. Loncki, American hero.

Thank you to all our guests, but especially to you for being with us and inviting us into your homes. Special good night from the New York control room. Good night, Brett, Liz, Rosie, Dean.

NANCY GRACE signing off for tonight. See you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.

END