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Nancy Grace

Anna Nicole Battles Rage on in Three Jurisdictions

Aired February 23, 2007 - 20:00   ET

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

JANE VELEZ-MITCHELL, GUEST HOST: Tonight, the drama continues. Florida, California or the Bahamas? Who has jurisdiction in the ferocious paternity battle over the late Anna Nicole Smith`s 5-month-old baby girl, Dannielynn? A Florida family court judge tries to figure it all out as the tug-of-war over a baby continues. This latest battle comes one day after a wild Florida court session marked by tears and shouts. In the end, the court-appointed guardian for the baby decides Anna Nicole will be buried in the Bahamas next to her son.
And tonight: Will the Bahamas actually be Smith`s final resting place? All the parties -- the mom, the boyfriend and the lawyer -- play nice for the cameras, and then a last-minute emergency motion to stay is filed by Smith`s mother. She wants her daughter buried in Texas. Anna Nicole`s body now on hold, under tight security at a Broward morgue, waiting to be moved to the Bahamas. Will it ever end?

(BEGIN VIDEO CLIP)

LARRY SEIDLIN, BROWARD COUNTY CIRCUIT JUDGE: Richard Milstein, esquire, as the guardian ad litem for Dannielynn hope Marshall Stern, is awarded custody of the remains of Anna Nicole Smith.

UNIDENTIFIED FEMALE: The reason why we`re here today is because Anna Nicole`s remains are here, her DNA is here, and the power of the court to enforce...

UNIDENTIFIED MALE: (INAUDIBLE) not going anywhere, and those DNA samples are there and preserved. And if a court of competent jurisdiction wants to have (INAUDIBLE) purpose of paternity testing...

UNIDENTIFIED FEMALE: They ordered to you turn it over to (INAUDIBLE)

(CROSSTALK)

UNIDENTIFIED MALE: The question is whether Florida has any jurisdiction at all. I can only hope and assume that any Bahamian judge, as is any Californian judge, will take the heart the best interests of the child. At this point, I don`t think I have jurisdiction.

NANCY GRACE, HOST: One question. Where`s the baby? And doesn`t that mean that location has jurisdiction?

UNIDENTIFIED MALE: Sometimes. Spoken like a true lawyer, right? Generally, you want to go where the baby is, but paternity statutes vary.

GRACE: Why is everybody afraid say the simple truth? Florida does not have jurisdiction over the paternity test. The child`s in the Bahamas, the conception was in California, according to anybody that claims to be the father.

(END VIDEO CLIP)

VELEZ-MITCHELL: Good evening. I`m Jane Velez-Mitchell, in for Nancy Grace tonight. Who is the daddy of little Dannielynn, and when, when are we going to find out? More than ever tonight, that is the question as the epic struggle over Anna Nicole Smith`s 5-and-a-half-month-old baby rages on in three jurisdictions, California, Florida and the Bahamas.

Today, a Florida family court judge held a hearing and told the warring parties he would consider the possibility that Florida has the right to order a DNA test on the baby, although he has his doubts. No decision on that yet.

Meantime, lots of developments on several fronts, from the continuing effort to get Anna Nicole Smith laid to rest, to the battle over that seaside mansion in the Bahamas which Anna Nicole`s clan had been calling home.

To try and get a handle -- try and get a handle on all of this, let`s go straight out to Court TV news correspondent Jean Casarez, who is in Ft. Lauderdale, Florida. Jean, dare I ask, what is the very latest?

JEAN CASAREZ, COURT TV: Good evening, Jane. You know, it was almost the close of business today, and right at the last minute, I got this in my hands. And that`s right, this is a motion asking the judge from yesterday to stay his order. What does that mean? What that means is Virgie Arthur`s camp is asking the judge to not allow the body to leave the morgue, to stay the order so they can go forward with their appeal. They are saying if that body leaves the morgue and goes to the Bahamas, their appeal is fruitless. So as it stands tonight, the judge wasn`t in the courthouse today, so that order has not been agreed to by the judge. The body is staying where it is for now.

VELEZ-MITCHELL: Well, guess what? We are delighted to have attorneys representing all the sides with us tonight. Let`s start with Virgie Arthur`s attorney, Tom Pirtle. You heard it, sir. The entire world was hearing how the clock was ticking all week. We`re all wanting a final decision. Everybody wants closure. Everybody`s very emotionally invested in this case.

Now, we heard you were going to appeal yesterday after the decision. We all waited all day long, no appeal. And then at the very end of the day, late in the afternoon, this motion to stay put before Judge Seidlin, the very judge who issued the ruling. I was told you could have done that right after the ruling yesterday.

TOM PIRTLE, ATTORNEY FOR VIRGIE ARTHUR, ANNA NICOLE SMITH`S MOTHER: Well, we could have done it right after the ruling yesterday, but it takes a little bit of time to get the papers ready and it takes time to put the record together to send it to the court of appeals.

So what`s happened, putting that motion in front of the judge is a prerequisite for the judge to decide or not, so we can go to the court of appeals and seek a ruling, and we`re going to do that first thing Monday morning. The brief is actually ready to go, and it will be filed when the courthouse opens first thing.

VELEZ-MITCHELL: So no strategy in delay, hoping delay, delay, delay, maybe will buy some time?

PIRTLE: Actually, no. I would have preferred to file this afternoon. As I say, it takes a little bit of time to get the papers from the court and from various sources pulled together and then take it up to Palm Beach to file it at the fourth circuit. It`s just simply a -- in fact, in my world, filing an appeal in one day is, like, incredible.

VELEZ-MITCHELL: Yes, but this isn`t your world. This is a world where we have a body in refrigeration that is sadly deteriorating, and everybody who`s emotionally invested in this wants this body to be treated with respect.

Let`s go to the world`s most patient man right now, Dr. Joshua Perper, chief medical examiner for Broward County. Hello, sir. What do you make of this delay yet again? You have been waiting patiently. You`ve said you`d even accompany the body down to the Bahamas, and you continue to wait. How do you feel about that?

DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: Well, I feel bad because, as you mentioned, there`s a deterioration of the body, and I feel that the body deserves to be laid to rest and -- however, at this time, I have an order which directs me to turn over the remains to the guardian ad litem, and I`m going to do so unless there`s another order which cancels that.

VELEZ-MITCHELL: You know, I don`t want to be graphic, and so I want to be careful in how I ask this. But tell me a little about this deterioration and what you`re doing prevent it because it`s on everybody`s mind, obviously.

PERPER: Well, two days ago, the body was in fairly good shape for viewing, and it was viewed in that very, very excellent condition. In other words, it was in environment like in a regular funeral home. However, the embalmers had made very clear that they cannot predict what`s going to be the rate of decomposition, and the longer the time until there`s a second viewing or the burial, the higher the risk for advanced -- more advanced decomposition changes.

VELEZ-MITCHELL: You know, there are so many developments going on in so many fronts in this case, it`s almost hard to keep track. I had to make a list just so I could keep up with it. You`re talking money. You`re talking the will. You`re talking toxicology, burial, the formal inquest coming up, and of course, the entire paternity battle that is going on in three jurisdictions.

Jean Casarez, before we get to all the different parties and what`s going on everywhere, can we kind of break down this DNA paternity issue because it`s not just the DNA of Howard K. Stern, it`s also the DNA of the baby, and so there`s various issues and various jurisdictions. And Anna Nicole Smith`s DNA.

CASAREZ: Exactly. Well, honestly -- sure. The DNA of Howard K. Stern is not really at issue here. I don`t think Birkhead`s camp wants it at all, and that`s Larry Birkhead, who claims he`s the father. They need the baby`s DNA because they`ve got Anna Nicole Smith`s DNA. They`ve got Larry Birkhead`s. He`s ready to give it. So they got to have the baby`s, and that`s what they want, and that`s why they went to the California superior court that issued an order saying, Yes, I believe we have jurisdiction over the paternity case, and we are ordering that the DNA be collected from Anna Nicole Smith and the baby Dannielynn.

Well, lo and behold, Anna Nicole Smith died. And so then they came to the Florida court to ask the Florida court to entertain that foreign (ph) order from California so they could get their own DNA from now the body of Anna Nicole Smith. That was done. That DNA is in the lab right here in Florida. So now they`re asking the Florida court to take on more jurisdiction in regard to paternity because the baby, although she`s in the Bahamas, that California order says that maybe the baby could be brought to Florida for a DNA test.

VELEZ-MITCHELL: The only reason I mentioned Howard K. Stern`s DNA -- and correct me if I`m wrong, Jean -- but if it turns out Larry Birkhead isn`t the father, then wouldn`t we need Howard K. Stern`s DNA to determine whether or not someone else is the father -- in other words, to eliminate him, as well?

CASAREZ: But remember, this is Larry Birkhead`s case. He`s the petitioner. All Larry Birkhead cares about is Larry Birkhead. Howard K. Stern -- another issue.

VELEZ-MITCHELL: Well, we have two of Larry Birkhead`s attorneys with us tonight. Not one but two -- count them -- Nancy Haas and Susan Brown, both of whom I believe were in court during that wild court session.

First of all, ladies, have you recovered?

UNIDENTIFIED FEMALE: Kind of.

UNIDENTIFIED FEMALE: We`re rather tired, but we have great stamina in furtherance of our client`s cause.

VELEZ-MITCHELL: You know, I watched many, many hours of that hearing. I want to ask you because I don`t know if I walked out of the room for a second and missed it. Did anybody ask Howard K. Stern point blank, Why is it that you don`t want to take this DNA test, if you are so absolutely positive that you are the father?

UNIDENTIFIED FEMALE: Yes. I think that Judge Seidlin posed that to Mr. Stern on numerous occasions during the several days of trial that we had, and we never got an answer. And every time his attorneys were confronted with that question, they skirted it and argued, and clearly, that`s the question on everyone`s mind. If Mr. Stern is the biological father of this child, why not take a paternity test and lay this all to rest? And...

VELEZ-MITCHELL: Now, I remember Debra Opri saying directly to Howard K. Stern, Are you the biological father? And my understanding was that he didn`t answer that. But yet, did he ever answer the question, Why won`t you take the test?

UNIDENTIFIED FEMALE: Not directly, and I think there`s a reason for that. We believe he knows he`s not the biological father. He`s hanging his hat on the fact that in the Bahamas, he`s on the birth certificate as the father.

VELEZ-MITCHELL: Now, we also have with us tonight the attorney for Howard K. Stern, one of the many attorneys for Howard K. Stern, James Neavitt. Welcome, sir. The question that`s on the entire world`s minds, since just about everybody on the planet watched that crazy hearing over the course of several days, is if Howard K. Stern is so absolutely sure that he is the father, why won`t he just submit the baby for testing?

JAMES NEAVITT, ATTORNEY FOR HOWARD K. STERN: Well, he is the father, and we already know that...

VELEZ-MITCHELL: But he -- why not prove it?

NEAVITT: ... based on the fact that he`s on the birth certificate. He doesn`t have to prove it. He`s the presumptive father.

VELEZ-MITCHELL: But being on a birth certificate is not being the father when you have a bunch of other men who are saying, I`m the father, and Larry Birkhead in court saying, I`m the father. Why not just lay it to rest and say, OK, I`m going to prove it, I`m going take the DNA, I`m going to subject the -- give the child up for DNA? It doesn`t hurt the child. It`s in the child`s best interests to find out who her father is for her peace of mind. I`m going to do this.

NEAVITT: Well, they`ve been told since October to go to the Bahamas and do that, and they haven`t done it. Why aren`t they going to the Bahamas and asking the Bahamian court to have the child brought in for testing? They haven`t done it. They`re going to Florida, which has no jurisdiction. They`re going to California, and now Anna Nicole is not alive and they may have questionable jurisdiction. That`s what the court in Florida said today.

VELEZ-MITCHELL: Well, guess what? I think everybody and his brother is headed down to the Bahamas. Let`s go to Mike brooks, former D.C. police officer who served on the FBI terrorism task force, and my dear friend. Mike Brooks, how`re you doing down there in the Bahamas? I understand Virgie Arthur -- I heard a report, confirm or deny, was headed down there, parties from all sides, and there`s going to be numerous court battles on Monday concerning this very issue, paternity.

MIKE BROOKS, FORMER D.C. POLICE, SERVED ON FBI TERRORISM TASK FORCE: There is. Well, there`s not only paternity, but right now, what they`re concerned with, and they were in court yesterday and took a very, very small step forward, Jane -- and that is on guardianship. And we`re going to -- they`re going to continue on Monday at 12:30 dealing with the guardianship on exactly who is going to be the legal guardian of Dannielynn.

One of the other things that you can add to your list of issues in this whole case is ownership of Horizons. That will be taken up on Monday at about 4:00 o`clock. We don`t expect a result on that because court usually ends up, well, about 4:30. But talking with -- yesterday, coming out of the courthouse, we talked with the attorney, one of the attorneys for G. Ben Thompson, who owns Horizons, or claim he owns Horizons, Mr. Perpender (ph). And he basically says if the court finds in favor of his client, G. Ben Thompson, then Howard Stern will be thrown out of the house. The bailiffs will come down and ask him to leave, and he`ll be thrown out`s. But he apparently has another house here, and I`m sure that`ll be also in contention. On the other end of the island, he supposedly owns a house.

But I asked, What about the baby, Dannielynn, if he`s thrown out of the house? And he said, quote, "We protect our babies." They look at Dannielynn as a ward of the Bahamas. In fact, someone from social services here has been assigned the case. So there`s a lot of things that are up in the air right now here in the Bahamas, Jane.

VELEZ-MITCHELL: Well, you raise a very good point, Mike. How is this baby doing? When`s the last time anybody from the public saw the child? And how are we so sure that the child is doing fine? I mean, you just said somebody from child services is assigned, but has that person visited the child? Has that person file a report saying this child is OK? Because we heard in an affidavit filed by the nanny who was fired that she claims Anna Nicole Smith told her to deliberately underfeed the child.

BROOKS: Well, that`s been a rumor. I seriously doubt if that`s actually happening. But the source close to the investigation that I spoke to the other day -- remember the name Shane Gibson? He`s the former immigration and labor minister who basically left because he admitted to fast-tracking the immunity application for Anna Nicole. Well, it`s ironic, but his mother is actually the one who has been looking after Dannielynn, and his father, Eric -- they call him King Eric here in the Bahamas -- he (INAUDIBLE) and it`s very, very, very, very incestuous, Jane. He is actually the captain of the yacht that Howard Stern bought. And it`s all very incestuous.

And going back to Shane Gibson, there`s an investigation with the Royal Bahamas Police force here, Jane, that there`s allegedly -- allegedly that Howard K. Stern gave Shane Gibson, the former minister -- immigration and labor minister, a very expensive Rolex watch to basically seal the deal, putting the application -- fast-tracking the application for immigration here in the Bahamas of Anna Nicole Smith.

VELEZ-MITCHELL: OK.

BROOKS: So there`s a lot...

VELEZ-MITCHELL: My head is now...

BROOKS: ... of investigations going on down here right now.

VELEZ-MITCHELL: My head is now ready to explode. I`m sure all our viewers feel the same way. There is so much information in this case to process, but it`s all very important, good information, Mike, down there in the Bahamas.

We`re going to ask Howard K. Stern`s attorney about that allegation when we come right back. Stay with us. We`re just getting there. There`s so much to cover in this case.

Tonight`s "Case Alert." Please help in the search for a Michigan mom who vanished just hours after returning to her suburban Detroit home from a business trip. Thirty-four-year-old Tara Grant last seen February 9 by her husband. Police say the couple argued just before she allegedly left their house, got into a dark sedan and simply disappeared. Take a look. Grant, 5-6, 120 pounds, brown hair, brown eyes. If you have information, please call the Macomb County sheriff`s office at 586-307-9358.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: The reason why we`re here today is because Anna Nicole`s remains are here. Her DNA is here. Judge Schnider is asking you to rubber stamp his order in Florida so that test can be done, so Dannielynn can find her way home.

UNIDENTIFIED MALE: I can only hope and assume that any Bahamian judge, as is any Californian judge, will take to heart the best interests of the child.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, in tonight for Nancy Grace. How is 5-and-a-half-month-old Dannielynn Smith going to get justice? The little girl remains under wraps tonight in the Bahamas as her grandmother, Virgie Arthur, fights to get the child away from Howard K. Stern, Anna Nicole`s lawyer/companion, who claims he`s the daddy, although he has fought paternity tests that would prove or disprove it. Judge Larry Seidlin called on him to stop the, quote, unquote, "baloney" and take the test.

On Monday in the Bahamas, there is supposed to be a hearing on Grandma`s demand that she be named the child`s guardian.

First of all, I want to go out to Howard K. Stern`s attorney, James Neavitt, and give him a chance to respond to this rather serious allegation. I don`t know if you heard Mike Brooks. He was talking about Howard K. Stern, an investigation into him allegedly giving a Rolex watch to seal the deal, so he got favorable treatment vis-a-vis the house. What do you say to that?

NEAVITT: Well, how many rumors have you heard in this case? Where do rumors stop? And you know, I`m not going to respond to these kind of rumors. I have no basis to say one way or the other, and I`m not going to respond to these kind of rumors.

The other thing is, they`re talking about the child and what`s going on with the child. That is stuff that has to be kept confidential for the security of the child and because the courts say this. We can`t be having the public look into these personal issues involving the child. The proper authorities are going to deal with that at the proper time, and this case needs to be dealt with in the Bahamas. The Bahamas...

VELEZ-MITCHELL: You know what? You`re talking about rumors, right? But in court...

NEAVITT: Yes.

VELEZ-MITCHELL: ... we all saw a videotape of Anna Nicole Smith in clownface, sounding clearly incoherent, like she was zonked out on some kind of drugs, and your client, Howard K. Stern, his voice -- he did not deny it in court as it was played -- is saying, Hey, is this a mushroom trip? And then, Hey, this footage is worth a lot of money, or words to that effect. How do you explain that? That`s not a rumor, that`s fact. I mean, that`s videotape. Let`s put it that way.

NEAVITT: Look, the issue is the paternity...

VELEZ-MITCHELL: But how do you explain that videotape?

NEAVITT: I`m not going to respond to that. I don`t how to respond to it because I wasn`t there. I don`t know all the details. A court of law will deal with that at some point, if that becomes a relevant issue. And Virgie is bring it to the court to say that she`s a better person to take care of this child, away from the father that`s been presumed in this -- in the Bahamas.

VELEZ-MITCHELL: Well, I mean, the reason why it relates to the paternity is that if we`re concerned about this child, we want to know the conditions that the child is living in. And we`re going give you a chance in just a moment to further respond to that because it`s not just about trying to beat up on Howard K. Stern, it`s really more about concern for this little child and finding out how this child is and what`s going to happen to her and who her father is.

To tonight`s "Case Alert." The search goes on for a missing 1-year- old Arizona boy, Samuel Robinson, last seen September 2006 in the Phoenix area, Robinson two feet -- only two feet tall, 25 pounds, brown hair, brown eyes. If you have any information at all, please call the National Center for Missing and Exploited Children, 1-800-THE-LOST.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: Howard`s saying that he`s just very glad that Anna`s wishes are carried out and she will be...

UNIDENTIFIED MALE: That she`s going to be going back to the Bahamas with her son.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell, sitting in for Nancy Grace tonight. Lost in the battles over Anna Nicole Smith`s remains and the paternity of her daughter is this long-running battle over the mansion Anna Nicole and Howard K. Stern insisted was theirs but which an American developer and his son-in-law insist is really theirs. Who really owns it? Apparently, there will also be, as you heard from Mike Brooks, hearings on this in the Bahamas on Monday.

Would the Bahamas, Mike Brooks, be wise to decide soon on all these issues or risk turning into another Aruba, you know, a tourist destination marred by controversy?

BROOKS: Well, things kind of go slow here in the Bahamas. Court was closed today. There was no action whatsoever. And 12:30 Monday, they`ll take up guardianship, and then again at 4:00 o`clock, they`ll talk about the ownership. I don`t look for anything to be totally decided until maybe Tuesday, possibly Wednesday. It depends on how many witnesses they`re going to have. All the people who were in Florida -- are they all going to be coming down here? The judge says, If you`re not here, you`re not going to be heard, period.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

HOWARD K. STERN, ANNA NICOLE SMITH CONFIDANTE: Anna in lot of ways always thought she was going to die young. She talked about death really from the time that I met her.

VIRGIE ARTHUR, ANNA NICOLE SMITH`S MOTHER: Please, Vicki, baby, Danny is gone, and then you`re going to be next. Please pay attention to what`s around you and who`s around you. Please be careful. I said that on national TV because I knew she was going to be next.

(END VIDEO CLIP)

VELEZ-MITCHELL: Jane Velez-Mitchell in tonight for Nancy Grace. So many issues, so much drama, so little time. Anna Nicole Smith`s slowly deteriorating body has yet to be buried.

And a question: Is the clock also ticking for little Dannielynn, Anna Nicole`s 5 1/2-month-old baby girl? Right now, she is living with Smith`s lawyer and companion, Howard K. Stern, who claims he is the father but has refused so far to prove it. Lots of alarming allegations emerged in court this week about Anna Nicole Smith`s drug use and how Howard K. Stern may have enabled her.

Larry Birkhead, the L.A. photographer who claims he`s the real daddy, testified he tried to get Anna Nicole off drugs, but Howard simply would not let him. I know that Holly Hughes, a prosecutor, has been following all of this and studying that court hearing.

You know, Holly, a lot of dirty laundry -- and they are allegations, let`s put it that way -- came out. Do you feel that as urgency to the paternity battle, because of everything that everybody accused, in terms of lifestyle is true, that little girl could theoretically be in danger?

HOLLY HUGHES, PROSECUTOR: I`ve got to tell you, Jane, I think that, if Howard K. Stern is as terrible as everybody is assuming he is, based on these things, that child is really the only thing that`s going to connect him to money. So if he is this horrible person who`s after Anna`s money and just wants to get the money, then keeping that child safe and healthy is the only thing he can do to have that nexus.

So I think that Dannielynn is probably safe with him for the time being, until we see how this plays out. I do, however, feel it`s incredibly important to establish paternity for the child`s sake. I mean, basically what you have here is a little girl who needs to have her best interests looked after. She doesn`t know what`s going on at this point.

But at some point in time, Jane, it`s going to come to light, and she is going to realize all the fighting that`s happening. I`m with you and with everybody else. You know what, Howard? If you`re really the father and you really don`t have anything to hide from, take the test. If you love this baby, and you say she`s yours, get it over with, stop making her this huge debate over, you know, international news. Put it to rest.

VELEZ-MITCHELL: You know, I want to bring in the psychologist, Lisa Weinstock, on this, because there`s been so much analysis of Anna Nicole Smith`s state of mind. And was she on drugs? And what was her psychological state?

But what about Howard K. Stern? He seems to have a lack of affect. And, you know, everybody said he dearly loved Anna Nicole Smith. Larry Birkhead even, you know, joined hands with him at the end. Nobody`s trying necessarily to paint him as an evil person, but yet it`s this refusal to take the paternity test that is kind of working up a lot of criticism. How would you analyze him psychologically? Diagnose him.

LISA WEINSTOCK, PSYCHIATRIST: Oh, I never diagnose anybody that I actually haven`t seen in person.

VELEZ-MITCHELL: OK, just analyze him then.

WEINSTOCK: There is a kind of distance to him. I would agree with that. I don`t understand why he wouldn`t take the paternity test. I guess I was troubled by the videotape of her when she was pregnant. I thought there was a kind of cruelty to that.

I haven`t heard in what anybody has said, though, any concern about, you know, kind of what her psychological state was, any concern about why she might have been acting the way she did. And I haven`t heard anything about the real concerns about the psychological state of this child.

I mean, what a child needs in the first year of life is a consistent, responsive caretaker, who can help the child learn to predict what the world is about. And that`s one thing that -- the child may be fed or not fed, but it`s not getting to form that very important secure attachment.

VELEZ-MITCHELL: Well, you know, what you`ve said is exactly what the nanny said in the affidavit. Now, admittedly, she had an axe to grind. She was fired, and she could be making this all up because she`s mad. But she claimed that the baby was not bonding with Anna Nicole Smith and had been passed around from caretaker to caretaker.

And, of course, you know, Howard K. Stern and Anna Nicole Smith did leave the baby in the Bahamas to go to Florida, purportedly to buy a yacht. And that`s why they were in the hotel in Florida when Anna Nicole Smith so tragically died.

Debby from Puerto Rico has been waiting so patiently. Debby, your question?

CALLER: Yes, good evening, Jane, how are you?

VELEZ-MITCHELL: How are you?

CALLER: My question in, with the courts in Florida, California and the Bahamas unsure as to who has jurisdiction regarding the issue of paternity, how will jurisdiction ultimately be determined?

VELEZ-MITCHELL: Well, you know, that`s the -- they used to call it the $64,000 question, but I think it`s like the $64 billion question at this point.

And I want to go back to Larry Birkhead`s two attorneys, Nancy Haas and Susan Brown, who are in this and have been part of this battle as it goes along. You know, some people have criticized you as basically opening too many Pandora`s boxes. There`s California, there`s Florida, there`s the Bahamas.

Many said you should have gone to the Bahamas and filed this paternity action there in the beginning. You know, I think that`s a reasonable criticism, or at least a reasonable question to raise.

NANCY HAAS, ATTORNEY FOR LARRY BIRKHEAD: Well, we don`t agree. Mr. Birkhead was a resident of the state of California. Anna Nicole was living in California. Mr. Stern even was living in California.

We know that Anna Nicole Smith fled California to go to the Bahamas because she wanted to avoid the paternity action that our client had filed. California still has jurisdiction of that paternity action. And all the court in Florida is being asked to do is to enforce and give comity or deference to the orders that the California court has already entered.

So the paternity action was properly filed in California, so I really don`t think that`s a valid criticism.

VELEZ-MITCHELL: And I have one other question for you. There were reports yesterday -- because everybody sort of miraculously walked out of the courthouse arm in arm, a peace that apparently didn`t last very long. But at one point, Debra Opri, one of your attorneys, as well as Larry Birkhead, indicated that Howard K. Stern was going to allow Larry Birkhead to see the child.

Does that mean -- well, first of all, when? And does that mean that there`s some kind of rapprochement or they`re behind closed doors talking and trying to work this out?

SUSAN BROWN, ATTORNEY FOR LARRY BIRKHEAD: I don`t believe so. I think everybody came together at the end of the hearing. We were there for almost two weeks. But there`s still litigation pending. Mr. Birkhead wants to prove that he`s the father. And at this point, as you mentioned earlier, Mr. Stern has not stepped up to the plate, as Judge Seidlin would say, and taken a DNA test.

HAAS: And now we`re waiting for Judge Korda to rule on the motion we had before him today.

VELEZ-MITCHELL: You know, and as if we don`t have enough issues, Jeffrey Skatoff, a noted wills and probate attorney, we have this whole issue of the will. Nothing was done in a normal fashion in this entire situation. The will was written back in 2001 and leaves everything to Daniel. But he`s passed away.

So Howard K. Stern is named as executor, but then there are those who say the will is invalid. What say you about this will? And how is it going to play into everything, from paternity to the money?

JEFFREY SKATOFF, WILL AND PROBATE ATTORNEY: The will itself, I believe, is valid, if an original is entered into a court of law somewhere. And my understanding is that that hasn`t happened yet. Once the original will is entered, it does name Howard K. Stern as the executor, and he will be the executor.

The fact that Anna Nicole left her estate to her son, Daniel, and to no one else, that just means that that gift fails and we`re left with where the property goes under state law. And California law, Florida law and the Bahamian law all give the same result, that her entire estate will go to Dannielynn.

VELEZ-MITCHELL: So, you know, can we expect a similar tri-state or three-jurisdiction battle over the will? Because I think there`s got to be jurisdictional issues as to where this will is going to be filed. Where are they going to have this battle over the will?

SKATOFF: Well, if Anna Nicole was a resident of the Bahamas, the will should probably be probated in the Bahamas. On the other hand, if she was not properly a resident, it could be that California is the proper jurisdiction.

But I don`t really see the same potential for battle, because California and the Bahamas are going to give the estate to Dannielynn. So I`m not sure that where it`s probated is going to make as much of a difference.

VELEZ-MITCHELL: From your mouth to God`s ear, because I don`t think anything happens the way we think it`s going to happen in this case. And I think everything involves an epic battle. But I hope you`re right.

To tonight`s "Trial 101." Jurisdiction, the power of a court to hear and try a case, applying and interpreting the law. Jurisdiction at the heart of the custody battle over Anna Nicole Smith`s 5 1/2-month-old baby daughter.

Right now, a Florida judge deciding whether Florida courts or California courts have the authority to intervene in Larry Birkhead`s request for DNA testing. The judge says the case could even go all the way to a court in the Bahamas where, of course, baby Dannielynn was born and she is living right as we speak.

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEO CLIP)

LARRY SEIDLIN, BROWARD COUNTY JUDGE: I want her buried. I want her buried with her son. I want -- no, there`s no shouting. This is not a happy moment. I want her buried with her son in the Bahamas. I want them to be together.

(END VIDEO CLIP)

VELEZ-MITCHELL: I`m Jane Velez-Mitchell in tonight for Nancy Grace. Florida Judge Larry Seidlin, also known as Judge Larry, created an uproar with his very eccentric style. What absolutely amazes me is that the extremely flamboyant Anna Nicole Smith seems to have, in death, met her match in the drama department.

Of all the judges in the entire country, what are the chances that Anna Nicole`s case would end up with this particular judge? Kind of makes you wonder if somebody upstairs has a sense of humor, doesn`t it?

Even the attorneys seem to be drinking from the same water cooler, bursting out in song and in tears. I mean, I`ve got to tell you, there`s hit Broadway plays that seem dull by comparison.

Jean Casarez, Court TV correspondent, my question to you is, all the criticisms leveled at this judge, do you think it was fair? Because, on the other hand -- yes, he was very flamboyant. But, on the other hand, he did manage to get a lot of issues out, a lot of dirty laundry out, that could actually be information we need as a society to make the proper decision about the future of Dannielynn.

JEAN CASAREZ, COURT TV: You know, I`m going to say the opposite of what everybody has been saying. I was really honored to be in that courtroom to watch him.

I know he`s an individual. I know the things he said were off the wall. But you know what? People are hearing sound bites here and there, and you really need to look at it in context.

I listened to every single word out of that man`s mouth. I read his entire opinion. His legal theories are correct. When he would ask a question, he would have a legal purpose. If he didn`t have a legal purpose, he was trying to unify the parties.

He tried to make it a calm atmosphere so people would give and take back and forth. That`s what he was trying to do. He`s also a mediator by trade. And I think that he achieved the result, at least for the short term, that he wanted.

VELEZ-MITCHELL: I have to tell you something, Jean. I totally agree with you. And I was in the minority, at least among the TV pundits.

Now, if you go to the Internet, TMZ.com, 72 percent at one point agreed with Judge Larry Seidlin`s decision, the decision he made. And I think that sort of the populist approach is that he did a great job. He was a humanist. He showed his emotions. He allowed people to then, in turn, reflect their own emotions and show their vulnerability.

And that`s why we had those three people walking out of the court arm in arm. Yes, they didn`t stay peaceful forever, but at least for a couple of moments, everybody was acting civilized. And I give him a lot of credit for that, even though, you know, a lot of people said he was completely crazy.

I think those are the -- more of the legal community was upset with it, but I think the average Joe out there just absolutely loved him. Be that as it may, let`s go out to the phone lines.

David from Vermont, your question, sir.

CALLER: Hi, you`re doing a great job this evening.

VELEZ-MITCHELL: Thank you.

CALLER: Dannielynn is a legally born Bahamian resident. Will there be any type of legal roadblocks coming down the pike, by having a U.S. guardian ad litem appointed?

VELEZ-MITCHELL: Oh, that`s a very interesting question. You know, let`s go to Tom Pirtle, Virgie Arthur`s attorney. I know you have another point that you want to make about holding up the burial, which you say you`re not. And I want you to get that point in.

But, first of all, what about this caller`s very excellent question about, you know, you`re kind of bleeding these two jurisdictions in together with this ruling.

TOM PIRTLE, ATTORNEY FOR VIRGIE ARTHUR: I don`t think that that`s going to be an issue. I think that the guardian ad litem, if this goes through, the fact that Dannielynn is a citizen of the Bahamas -- a resident of the Bahamas is not going to be an issue.

Secondly, I wanted to correct something. In my first segment, it seemed like -- I think it came off that we were delaying the burial. And there`s no way this body could be moved, according to the medical examiner. We had talked prior to the show, before Monday, maybe Tuesday. And he`s indicated he`s going to move it. And we`re trying our best not to delay the burial of Virgie`s daughter in any way.

VELEZ-MITCHELL: You may have a very good point. I mean, it just seems, from a layperson`s standpoint, that if you were going to file, and that you were supposed to file, and there was sort of a sense that you were going to file today, and you`re not filing your appeal until Monday, that that would naturally mean a delay. But let`s go to...

PIRTLE: Well...

VELEZ-MITCHELL: Let`s go to the chief medical examiner -- go ahead.

PIRTLE: It takes a bit of time working to pull the court records out and working with other people to get the paperwork.

VELEZ-MITCHELL: No, I understand why the delay. But what I`m saying is -- let`s go to Dr. Joshua Perper, the chief medical examiner. I mean, is the fact that we`re waiting for this appeal to be filed Monday, and now we`ve got the whole weekend, would that not be a delay, or would it?

DR. JOSHUA PERPER, BROWARD COUNTY MEDICAL EXAMINER: In my opinion, it would be necessarily a delay, because if they are going to be a request of appeal filed, the appellate court would have to consider the appeal. It may take some more time, so it`s going to be some intrinsic, necessary, absolute delay. What`s going to be the lengths of the delay depends on the appellate court.

VELEZ-MITCHELL: Is there a point where you say, Doctor, "Forget about this, I`m just going to move this body along, because it`s deteriorating too much and I can`t wait for all this"? Or are your hands tied?

PERPER: No, you have to understand that there are two meanings of deterioration. The body is not going to deteriorate to the extent that it cannot be kept in the medical examiner`s office or that it cannot be buried. But it might be deterioration which is going to affect the appearance, and especially the facial appearance, of the person.

And if such deterioration occurs, there cannot be no second viewing in the Bahamas or whatever place the burial is going to take place.

VELEZ-MITCHELL: Mike Brooks, final word. We`ve got about 20 seconds. We`re still dealing with the formal inquest coming up in late March, as well as the toxicology reports coming back. Still a lot more.

MIKE BROOKS, FORMER D.C. POLICE: Absolutely. We have the coroner`s inquest on March 27th, Jane. And I tell you what, Chief Magistrate Gomez, he`s looking forward to speaking with Mr. Stern, because Mr. Stern is the only living person who was in that hospital room at the time of Daniel`s death. He`s very interested in speaking to him. They`ll have over 30 witnesses at this inquest.

(COMMERCIAL BREAK)

VELEZ-MITCHELL: What a week in America`s courtrooms, especially in Florida and the legal drama over cover girl Anna Nicole Smith`s body and custody of her 5-month-old baby daughter.

(BEGIN VIDEOTAPE)

GRACE: Evidence of miscarriage, drug use, methadone, prior pregnancies, her state of mind going back five years. You know what, Judge Seidlin? Let`s just take the rules of evidence and throw them out. It`s over.

UNIDENTIFIED FEMALE: Your honor, this is...

(CROSSTALK)

UNIDENTIFIED FEMALE: I want to be very clear that it`s not...

(CROSSTALK)

SEIDLIN: There`s nobody`s show here. We`re not grandstanding. Counselor, when I speak, I`m the only voice I want to hear. I`m not going to know it.

UNIDENTIFIED FEMALE: You`re entitled to know that, your honor, under the statute of your state.

SEIDLIN: But I told Stern, if he comes in here, I`m not going to...

UNIDENTIFIED FEMALE: You cannot do that. You said you wouldn`t get in with any of the paternity action.

(CROSSTALK)

UNIDENTIFIED FEMALE: You don`t need Stern.

(CROSSTALK)

UNIDENTIFIED FEMALE: And you have an order for California...

(CROSSTALK)

SEIDLIN: Let`s make it -- all right. Everyone sit.

(CROSSTALK)

SEIDLIN: Wait, wait. Let`s take...

(CROSSTALK)

SEIDLIN: I don`t want to hear echo. I don`t need echo. I love clarity.

CALLER: How come there are so many lawyers in the courtroom?

GRACE: Oh, Jennifer, my, my, my sweet, unspoiled caller. Because they`re making money, OK? What about it, Art Harris? Why so many lawyers?

ART HARRIS, INVESTIGATIVE JOURNALIST: I counted 19, Nancy.

GRACE: Oh, good God in heaven.

UNIDENTIFIED MALE: (INAUDIBLE)

UNIDENTIFIED MALE: I think it`s just we all understand that we all loved Anna, and it`s in her best interests to come together and get this thing worked out for her best interests and lay her to rest.

(END VIDEO CLIP)

VELEZ-MITCHELL: Tonight, we remember Army Captain Kevin Landeck, just 26, from Wheaton, Illinois. Killed in Iraq, a graduate of Purdue University`s Army ROTC program, earning a sociology degree, Landeck awarded the Purple Heart and the Bronze Star. He leaves behind a grieving widow, Bethany, who was a National Guard second lieutenant, proud parent, and a sister, Jennifer. Kevin Landeck, an American hero.

We want to thank all of our guests tonight for their insights. Thanks to you at home for tracking these very important cases with us. Please join us tomorrow night, 8:00 sharp Eastern. I`m Jane Velez-Mitchell in for Nancy Grace. Have a terrific and a safe evening.

END