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Bahamian Court Orders DNA Test for Anna Nicole`s Baby

Aired March 16, 2007 - 20:00:00   ET


NANCY GRACE, HOST: Breaking news in the case of Anna Nicole Smith. A Bahamian judge orders DNA from the covergirl`s 6-month-old baby girl, that baby set to inherit an estimated $475 million estate. The man who claims he`s the biological father, photographer Larry Birkhead, now suddenly without a lawyer following a heated exchange.
And that`s not all. Anna Nicole Smith`s own mother, Virgie Arthur, reappears on the scene, making her way into the Bahamian courtroom, as well, this morning, demanding guardianship of the baby girl pending DNA results. All the while, we now learn, she plans to contest estate executor Howard K. Stern as an unfit parent, trying to take away the baby.

And also tonight, caught on video, a 101-year-old grandmother pummeled by a cowardly punk. Take a look at this. The super-spunky senior who uses a walker was on her way to church. She was knocked to the floor by the thug, who punched her three times about the face, all in an effort to wrestle away her pocketbook, the pocketbook containing just $33. Tonight, review the video. Let`s get this guy!


ANDERSON COOPER, CNN ANCHOR: The tape is sickening to watch. A man attacks a 101-year-old woman, repeatedly punching her in the face. But it`s just the beginning for the victim. Her name is Rose Morat (ph).

ROSE MORAT, 101-YEAR-OLD MUGGING VICTIM: I`m 101 years old. How are you going to run after a mugger?

COOPER: Appearing bruised but remarkably unshaken, Rose describes the crime that has stunned New York. On the morning of March 4, Rose left her Queens apartment building for church. Surveillance video captures Rose using a walker as she enters the vestibule.

The tape shows a man holding the inner door for her, and then appears he`s going to help her with the front door. Suddenly, he spins around, grabbing Rose by the neck, holding her with one hand while punching her in the face with the other. The mugger then grabs her purse. She tries to reach for it. That`s when the attacker hits her so hard in the face, Rose is sent flying to the floor.

The mugger got away with $33, but he wasn`t done yet. Police say he went to a nearby apartment building and found another elderly victim, this 85-year-old woman.

UNIDENTIFIED FEMALE: He beat me, beat me in my face. A lot of -- a lot of blood start coming out of my mouth.

COOPER: The suspect stole $32, but he also took something priceless, the wedding ring the victim wore on her finger for 60 years. This is the best picture we have of the suspect. Police say he`s in his 30s. They`re following up on dozens of tips.

As for Rose, after spending a few days in the hospital, the centenarian had some words for her attacker.

MORAT: I got a little angry, you know, and I said, Oh, that so-and- so! I hope you get caught.


GRACE: That so-and-so? I think I`ve got some other words for him. I want to get that guy. Good evening, everybody, I`m Nancy Grace. I want to thank you for being with us.

Tonight, first to the custody battle in the Bahamas.


DEBRA OPRI, FORMER ATTORNEY FOR LARRY BIRKHEAD: I`ve represented a lot of people, a lot of fathers. He loves a child he has never seen. He is one of the most decent human beings I`ve ever met.

LARRY BIRKHEAD, ANNA NICOLE`S FORMER BOYFRIEND: I don`t get up in the morning and say, Who am I going to fight today about this? I`m just doing what I have to do for my daughter.

OPRI: I have one person to represent, and that`s Larry Birkhead. I have one life to save, and that`s Dannielynn. 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`s saying he`s the presumed father. He puts his name on a birth certificate. He`s been controlling Anna for many, 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. These are complexities of legal issues which no one will ever see the likes of again. So it`s a battle, and we are waging it. And Howard K. Stern, he better duck.

UNIDENTIFIED FEMALE: "Larry Birkhead and I have terminated our attorney/client relationship effective immediately. I wish Larry the very best of luck in his continuing efforts to prove that he is Dannielynn`s biological father. My prayers will be with Larry and Dannielynn always."

UNIDENTIFIED MALE: "I have chosen to go in a different direction. I have complete confidence in my attorney, Emerick Knowles, who`s handling the Bahamas portion of my case. This is totally unrelated to my California paternity action, and there is no reason for a statement to be released just hours before my appearance in a Bahamas court."


GRACE: Another twist and turn in the case of Anna Nicole Smith. Now the man who claims he`s the biological dad of a little girl set to inherit $475 million is without a lawyer. That`s right, there`s been a sudden split between Birkhead and his attorney, Debra Opri.

But that`s not necessarily the headline out of the Bahamas today. Now we learn a Bahamian judge has ordered DNA to be taken from the little girl. They`re all going back to court on Tuesday.

Straight down to Court TV news correspondent Jean Casarez. Jean, what happened in court?

JEAN CASAREZ, COURT TV: Well, the hearing took about a little over two hours, and we`re talking about the paternity guardianship hearing. And when all parties left, they obviously were not talking because there is a gag order. But Larry Birkhead said that inside that courtroom that there were some people that were happy and some people weren`t. And it was very tension-filled in there. But he said, I am very happy coming out of this courtroom.

We did talk to Mr. Tom Pirtle (ph), who is an American attorney for Virgie Arthur out of Texas. He is not subject to the gag order because he is not a party to the case and actually could not even be in the courtroom today. But he did talk with his fellow attorneys, and he did tell us that what they have to do -- and this is Virgie Arthur -- over the weekend, is to put together evidence showing that Howard K. Stern is unfit to be the father of this child. And I think that is in relation to the guardianship aspect, at the very least. So he said this weekend, they will be working on that and will return to court on Tuesday.

GRACE: With us, Jean Casarez there in Nassau, Bahamas. Jean, I doubt very highly that they`re just coming up with a plan to claim Howard Stern unfit to take care of the little baby. What is the possible evidence they will bring in?

CASAREZ: Well, first of all, let`s look at the testimony from Florida. You would have Larry Birkhead, who could testify that Howard K. Stern brought in a duffel bag to the hospital when she was pregnant. And I think that`s the critical issue right there because we`re talking about the best interests of the child. And that was -- those drugs were brought in allegedly when she was pregnant.

I think if video can be used as evidence in a Bahamian courtroom, then the clown video, we`ve all seen that, where she was pregnant and Howard K. Stern was shooting that video and appeared to be actually amused at some of the things that were taking place with her clown makeup on. I think there will also be affidavits of people stating different things that they have seen in relation to Howard K. Stern with drugs, possibly around the baby, even. All of these going towards the welfare of the child.

GRACE: Jean Casarez, you mentioned the so-called clown video. What is it they plan to allege was inappropriate about that video?

CASAREZ: Well, Nancy, allegedly, she was pregnant at the time. If you`ve watched that video, and I think we all have, it appears as though that there were some prescription drugs in her system at the time. And then if we look at the voice that is Howard K. Stern -- seems to be enjoying it but also said, I think a lot of money can be made from this, and, Are you on a mushroom trip?

GRACE: We`re showing that video right now, Jean. Hold on.


HOWARD K. STERN, ANNA NICOLE`S ATTORNEY/COMPANION: I said this footage is worth money.

ANNA NICOLE SMITH: Why? What footage?

STERN: This thing you`re looking into.

SMITH: That`s a camera.

STERN: Exactly.


GRACE: You know, a lot of people snicker and laugh when they hear that video, but it`s anything but funny. That was from Fox News Channel. It was actually played as evidence inside the courtroom last month by the attorneys attempting to show Anna Nicole Smith`s state of mind at the time of her death. But what it apparently shows is a pregnant Anna Nicole Smith dressed up like a clown, clearly incoherent and not understanding what`s going on around her.

Another question, Jean, about the hearings today -- Jean Casarez joining us there in Nassau, Bahamas. Down there, they don`t have open court, do they.

CASAREZ: No, it is not open. And in fact, it was even closed to some American attorneys today because the proceeding got going, and from what I understand, the attorney representing Howard K. Stern made a motion before his lordship asking for everyone to be excluded from the courtroom except the parties and their attorneys. So that would be only the Bahamian lawyers would be allowed in there. And that`s when we saw John O`Quinn and Tom Pirtle, two Texas lawyers, come out of the supreme court because they were banished.

GRACE: Let`s unleash the lawyers. Joining us, Daniel Horowitz out of California, Michael Cardoza out of California. Also with us tonight, Howard K. Stern`s attorney, James Neavitt. We`ll join him in just one moment.

What about it, Michael Cardoza? Incredible to me that these lawyers - - whether we agree with them or not, they are esteemed veteran lawyers -- thrown out of the courtroom in the Bahamas.

MICHAEL CARDOZA, DEFENSE ATTORNEY: You know, it doesn`t surprise me at all. I mean, it`s their home territory. We`ve got those lawyers in the courtroom. I`d do the very same thing. If they were visiting here, I`d want it closed. I`d want only the attorneys from the U.S. or that state in that courtroom. It doesn`t shock me in the least.

GRACE: Well, Daniel Horowitz, in our country, you don`t have to be a lawyer to sit in a courtroom. I wasn`t suggesting to Michael Cardoza that it`s shocking they can`t stand up and argue. In this country, you have to be allowed to practice in every single jurisdiction in which you are standing up in court and professing yourself to be a lawyer. They couldn`t even stay in the courtroom, Dan Horowitz. They were thrown out of the courtroom. They couldn`t even watch the proceedings.

DANIEL HOROWITZ, DEFENSE ATTORNEY: You know, Nancy, the 1st Amendment guarantees the public the right to be in a courtroom so we can judge whether proceedings are fair or not. The only thing I can say in favor of closing that courtroom is that you have a baby and parents and very personal matters are being talked about. And maybe for the sake of the child years later, we don`t want the news accounts of what went on to hurt the child when she says, I love my dad, and wow, what terrible things they said in that courtroom.

GRACE: Well, I don`t know what could be any worse than what was already allowed in Seidlin`s court in Florida. But you`ve got a point, Daniel Horowitz.

Now to James Neavitt. This is Howard K. Stern`s attorney. Sir, thank you for being with us again tonight. So what`s the outcome of the hearing today, Howard -- James Neavitt?

JAMES NEAVITT, ATTORNEY FOR HOWARD K. STERN: I`m not -- I don`t know what happened in the Bahamas yet. There`s a gag order, and so anything I would find out I really can`t talk about. But I can tell you what`s happening in California. And right now, the court has a hearing set up for two weeks from next week, and we`re going to make some decision regarding the joinder (ph) of Howard into the California case.

GRACE: OK. You`re referring to the California paternity case, right?

NEAVITT: Yes. And by the way, it`s not unusual -- the same laws in California. They`re not going to allow anybody in the courtroom during a paternity action that`s not involved with the case, even attorneys...

GRACE: A question. Do the same rules apply in a paternity hearing like this, as do other juvenile proceedings? Any juvenile proceeding is usually a closed courtroom.

NEAVITT: Yes, any juvenile proceeding, paternity proceeding. But in family law, like divorce proceedings, the public has a right to be there, but not in a paternity case. And that`s not unusual in terms of California. I know it`s different in Florida. But the difference here, the judge here didn`t put a gag order on us, so I can talk about things that take place in our court. But there`s a gag order in regards to what takes place in the Bahamas.

GRACE: Now, I can tell you this is just the tip of the iceberg. From our sources -- to you, Jean Casarez -- we understand that the judge has ordered DNA will be taken from 6-month-old baby Dannielynn Smith. This is the 6-month-old child of covergirl Anna Nicole Smith. She is the source of this case. She is the center of the case. She is set to inherit $475 million, pending the outcome of an estate battle.

But not only that -- to you, Tia Brown with "In Touch Weekly" -- there are enormous sums of money here -- marketing rights, publishing rights, movies, books, T-shirts, you name it -- that could go down in the future.

TIA BROWN, "IN TOUCH WEEKLY": Definitely. There are a lot of different things being sold. Anna Nicole Smith is definitely a strong brand. As it stands now, it seems like Howard K. Stern is in control of a lot of that money, and that`s definitely a point of interest for all parties involved.

GRACE: Back to Jean Casarez with Court TV news. She`s there in the Nassau, Bahama area. Jean, I want to clarify something. We`re not expecting the DNA test to be done on Tuesday. It`s my understanding that on Tuesday, they will choose between two experts, two DNA experts.

CASAREZ: What I know about DNA in general is that here in Bahamas, the results take three to four days to come back. Now, I don`t know where the testing`s done, but I know it takes three to four days. So if we use that as a gauge right there, I don`t think you would have results on Tuesday.

GRACE: OK. Our sources have been a little unclear, but what we are hearing is that a judge has ordered DNA, that they`re all going to come back to court on Tuesday to choose between DNA experts. Now, this may be difficult for Birkhead to do. He`s the photographer claiming to be the dad. He no longer has a lawyer.

To you, David Caplan with "Star" magazine, the New York bureau chief. What happened?

DAVID CAPLAN, "STAR" MAGAZINE: This is very interesting. This morning, just a few hours before they headed to court in the Bahamas, it was Debra Opri who released a statement saying she`s no longer is working for Larry. And when Larry responded to that, he really expressed shock that Debra did this just before he was heading to court.

And what Debra is saying is that Howard K. Stern was meddling in the affairs, basically. She was saying, I don`t want a middleman and I don`t want this middleman to be Howard K. Stern to come between me and my client. Larry, however, has been a little bit more mum on why it happened, just saying that he`s choosing to go in a different direction.

GRACE: Interesting that she would make that comment -- to you, Daniel Horowitz -- regarding the confidences of a case.

HOROWITZ: Well, Nancy, first of all, Debra Opri is one of the most ethical attorneys I know. I don`t think she went over the line at all. She was a high-profile attorney on this case. She probably wanted to strongly represent Larry Birkhead against Howard and would not compromise and work with Howard because she thought it was wrong, and that caused a splitting of the ways, I`m sure. She`s a good person and I trust her judgment. I think he will regret ever getting rid of her.

GRACE: Michael Cardoza, the comment regarding the split, as to the nature of the split, the public statement as to opposition of Stern as the middleman, is that divulging a confidence?

CARDOZA: You know, she`s got to be really careful what she talks about. I think that certainly skirts giving information that you`ve gotten from your client. So I think Debra should just be quiet about this, say that he`s chosen to go in a different direction, and leave it be at that because she`s nothing but open to criticism in anything that she says.

I think he`s foolish to go without an attorney because, you know, without an attorney, even if he`s right, it doesn`t mean he`s going to win because a lot of legal maneuverings go on. He`d best be served by having a lawyer. I absolutely understand what Debra was doing because there has to be one attorney, one leader of the pack. And if somebody else comes in between and starts directing in a different direction, it often causes chaos between the lawyer and the attorney -- or the client, rather.

GRACE: Doesn`t he still have a Bahamian attorney?

CASAREZ: He does. But you know, Nancy, I spoke directly with Debra Opri today on the telephone, and she told me, first off, there is an attorney/client privilege that I cannot allow to be exposed at this point. So what I will tell you will be brief. But she told me that she was asked to do things that she couldn`t ethically do. And she said that it had to do with Howard K. Stern`s growing influence. And she`s very concerned. And she said that the last words that she told Larry was, If you are asked by Howard K. Stern to not have an attorney anymore -- and I think she`s talking about California, in the United States -- don`t listen to him. Get an attorney.


CASAREZ: Go get an attorney. And I think the relationship had been severed at that point in time, when she said that, so she felt free to tell me. Now, Larry Birkhead got word to me late tonight in regard to his position on all of this. He said that he had made the decision to part the ways, that it was done shortly after the hearing in California early in the week, that there is no deal between him and Howard K. Stern, that they still continue to be adversaries.

GRACE: Jean Casarez is reporting from Nassau, Bahamas, on this ever- changing scenario regarding Anna Nicole Smith and the outcome of her estate.

Very quickly, tonight, Orlando drivers alert. If you see a dancing leprechaun by the roadside warning you to slow down, don`t defy the leprechaun. A sheriff`s deputy undercover this St. Patty`s weekend, the leprechaun is clocking cars, then alerting officers just down the road who are the speeders. Orange County police busy. They`re handing out a ticket a minute. The crackdown may seem familiar. Last Christmas, the police department used an elf to catch speeders.



OPRI: I`ve represented a lot of people, a lot of fathers. He loves a child he has never seen. He`s one of the most decent human beings I`ve ever met, and he will pursue this until he`s holding that child.


GRACE: So many headlines today regarding the Anna Nicole Smith case. Now we learn something about a laundry list of drugs. What can you tell us? To you, David Caplan, with "Star."

CAPLAN: Absolutely. Anna Nicole Smith had her own personal psychiatrist while in the Bahamas. She was there during the birth of Anna`s...

GRACE: Wait. Did you say psychiatrist?

CAPLAN: Psychiatrist, yes. Her own personal psychiatrist from Encino, California, was with Anna in the Bahamas her whole stay there. And what was revealed today was that a fax was sent to Dr. Sandeep Kapoor, the infamous doctor who prescribed methadone to Anna while she was eight months pregnant...

GRACE: Wait a minute. Liz, can you put that list back up? Go ahead, David.

CAPLAN: And they said there were six painkillers here. We had Ativan, we had Dilaudid, we had Dalmane, we had methadone, we had Soma, we had Prexige, which is a drug from the UK. And in fact, in the case of some of these drugs, in the case of Dalmane, for example, I`m hearing that it was actually -- the dosage that she requested was 12 times what would be normal. The doctor saying (INAUDIBLE) refused at the pharmacy...

GRACE: Hey, David, was this during her pregnancy?

CAPLAN: This was a week after Dannielynn was born, on September 15.



JACK HARDING, PRIVATE INVESTIGATOR: He felt that this attorney, Stern, he was controlling his mother to the point like Svengali. He said that his mother is like a prisoner. Daniel says he felt like he was a loose cog in the wheel.


GRACE: Questions arising between the similarities in the death of 20- year-old Daniel Smith and the death of his mother, both involving methadone, both dying from alleged drug overdoses at sudden and unexpected young ages.

Out to the lines. Patty in Kentucky. Hi, Patty.


GRACE: Hi, dear. What`s your question?

UNIDENTIFIED FEMALE: My question is, OK, since the judgment came down for the DNA on Dannielynn, can Stern`s attorney file an appeal? And if he does not comply with this, will he be found in contempt?

GRACE: You know -- to you, Jim Neavitt. This is Howard K. Stern`s attorney, who`s handling a similar matter in California. I don`t know that ordering a paternity test can even be appealed.

NEAVITT: Well, right now, until there`s an order for Dannielynn`s DNA to be taken by somebody that`s a legal representative of Anna Nicole or Howard, there is really no order in California that`s going to be able to get the DNA from Dannielynn. That`s why they`re trying to join Howard, or they need to start a probate case and proceed to get a representative of the estate to represent Anna. That`s what the court...

GRACE: So to you, Jean Casarez. Based on what Neavitt is saying, the judge orders paternity today. Do you believe that that`s going to be contested? Are they going to agree to the paternity test?

CASAREZ: Well, this is what I`ve heard. I have asked the question of Bahamian lawyers, In the decision that comes about in this case, can that be appealed? And they say yes, to the court of appeals and then on to the privy counsel in London. But what they would want would be a stay of the judgment, and that can only be done by the supreme court justice himself.


GRACE: That`s right, Larry Birkhead, the photographer claiming to be the biological dad of a little girl set to inherit half a billion dollars, is now without a U.S. lawyer. Big split between Debra Opri and Larry Birkhead, after all this time together.

To you, David Caplan with "Star" magazine, what`s behind the split, really? And what effect will it have? We`ve been informed that he`s got a Bahamian attorney.

DAVID CAPLAN, "STAR" MAGAZINE: Absolutely. I mean, behind the split, I am hearing that it was Howard K. Stern`s meddling in the case. And we`ve heard rumors for weeks that there were some secret deals going on. So I`m hearing that this really was the boiling point and that Debra Opri really had enough.

Going forward, as you know, Larry does have a Bahamian lawyer, Emerick Knowles. And then Debra Opri is saying that, by Monday, she hopes to sign a substitution of attorneys, so which she can sort of officially...

GRACE: OK, now, wait a minute, wait a minute, wait a minute. Let me see David Caplan for a moment. Where`s David? There he is. David, you`re telling me that Opri broke up with her client over Stern interfering? That doesn`t even make sense.

CAPLAN: You know, that`s what I was hearing.

GRACE: Does that make sense to you, that they would break up the attorney-client privilege because of a third party meddling? That doesn`t even make sense.

CAPLAN: You know, I think she wanted to have control. And she admitted it herself. She was very vague about it, as well. So I do believe that, and I think she wanted...

GRACE: Well, there`s a reason for that vaguery, David Caplan. It`s called the attorney-client privilege. You`re not supposed to put your client`s laundry out there, on TV or in the radio or in the newsprint.

CAPLAN: Then why did she mention Howard K. Stern then as the reason she didn`t want to deal with the middleman? Those were the words from her mouth.

GRACE: I do not know why she made that statement. Daniel Horowitz, why make the statement? Why volunteer A.C., attorney-client information?

DANIEL HOROWITZ, DEFENSE ATTORNEY: I don`t think it`s only attorney- client, Nancy. We`ve all known that Howard is talking to Larry.

GRACE: I don`t know that.

HOROWITZ: Well, I`ve seen it -- I thought I saw it on your show, to tell you the truth. But the bottom line is, it`s public knowledge that she is explaining, so it`s not going into what she said to Larry back and forth. If Larry`s going behind her back and negotiating, undermining Debra Opri, she has a right to say, "No more," and that`s what she`s done.


GRACE: Well, actually, one of those points is very true, Michael Cardoza. Once the client breaks the attorney-client privilege himself, if that even happened here, if he divulges it publicly or to another party, there is no more privilege.

MICHAEL CARDOZA, DEFENSE ATTORNEY: No, you don`t lose the entire privilege. If the client says something, he breached it in one respect. She doesn`t get to go out and talk about other things that happened.

It`s about one thing here, Nancy: It`s called client control. If she thought she`s losing control over Larry Birkhead, then she should get out, but quietly get out. This really smacks of me that she`s trying to protect herself here, and she shouldn`t be doing that. Lawyers should simply step away and say there were some disagreements.

Remember what happened in the Robert Blake case. Remember when Mesereau stepped away from that, very quietly, just step away. That`s what should be done here. Debra Opri shouldn`t go before the press and say, "Well, there`s some place that he wanted me to go that I thought was unethical." No. What does that do? It says that Larry Birkhead is unethical. Boy, that`s really going to help him in the future. Debra should be quiet and step away from this quietly.

GRACE: Tia Brown with "InTouch Weekly," what can you tell us?

TIA BROWN, "INTOUCH WEEKLY": This seems like a preemptive strike on Debra`s part. She`s been very ethical, very vigilant about saying that this is all about Dannielynn and all about what`s right. And I think that she came out and made these statements to make it clear that, hey, if anything happens between Larry Birkhead and Howard Stern, I was not part of it. And whether it`s right or wrong, you know, that`s really up to...

GRACE: Well, OK, I`ve never heard attorneys talking about the affairs of their clients publicly in this manner. But if Birkhead has already put it out there, then there is no privilege existing on that issue anymore.

Let`s go to the lines. Michelle in New York. Hi, Michelle.

CALLER: Hi, how are you?

GRACE: I`m good, dear. What`s your question?

CALLER: My question is, being that she was recently laid to rest and buried in the Bahamas, she was buried half, anyway, with her recent dead husband. Now, doesn`t that other family have any rights, because he did not want to be buried?

GRACE: Well, it`s my understanding that she had complete autonomy over that portion of Howard Marshall`s ashes. She could do whatever she wanted with them. And she can bury them wherever she wants, Michelle. I`m sure they didn`t want to see them in the Bahamas, but they had no power over that any further.

I want to go over that laundry list of drugs again, because that`s very important as it relates to the well-being of the baby girl. Let`s take a look at that again, Liz.

David Caplan, you were telling us about this list of drugs allegedly ordered by Anna Nicole Smith. This was one week after the birth of her baby, right?

CAPLAN: Absolutely. This is the list that was, in fact, ordered by her personal psychiatrist...


CAPLAN: ... Khristine Eroshevich. She`s from California. She was with Anna the whole time. This list was faxed to Dr. Sandeep Kapoor at his San Fernando Valley office in California, but he declined to fill it, saying that it was just too outrageous, the amount of drugs and the combination of drugs. Then the psychiatrist faxed it to a pharmacy near the doctor`s office. That pharmacy, too, rejected to fill it.

GRACE: So these are drugs, allegedly requested by Anna Nicole Smith right after the birth of the baby. To Dr. William Morrone, medical examiner and toxicologist, how dangerous is this laundry list of drugs?

DR. WILLIAM MORRONE, MEDICAL EXAMINER: Good evening. Thank you. That`s a very good question. You know, methadone`s come under a lot of pressure in the last four to six weeks. Methadone is probably the safest drug on this list. It`s arguably one of the safest drugs, based on the fact that she was recently giving birth, but based also on the fact on the addiction potential. One in four Americans has a family member that`s struggling with addiction, and this is a laundry list of death.

GRACE: I was taking a look at the Dilaudid. I recall the first time I ever came in contact with Dilaudid, I had patients -- I had defendants in a mental ward on Dilaudid. And I found out how powerful Dilaudid is.

MORRONE: Very addictive. Very, very addictive.

GRACE: Lorazepam, Dilaudid, Soma...

MORRONE: Soma is an excellent drug, but its addiction potential is also very high, because Soma is metabolized to another drug that also has addiction potential. And, like I said, methadone`s almost the safest thing on this list.

GRACE: It`s incredible. I want to go to Beatty Cohan, psychotherapist and author, "For Better, For Worse, Forever: Discover the Path to Lasting Love," Doctor, thank you for being with us. This list is incredible.

BEATTY COHAN, PSYCHOTHERAPIST: This list is really incredible. And I think that there probably ought to be another suit that`s filed, and that suit ought to be filed against the psychiatrist from California.

I want to know, why was Anna being prescribed all of these drugs? What were the reasons? And why was Howard K. Stern so involved in enabling the woman that he supposedly loved to be taking these drugs? Had he loved her, he would have had her go to a rehab center rather than move to the Bahamas.

GRACE: Well, I`m also concerned about the effect these drugs would have on a baby if it was ingesting it during pregnancy.

COHAN: Exactly.

GRACE: To you, Detective Lieutenant Steve Rogers, he`s a computer specialist with the Nutley Police, Detective Rogers, we`ve heard a lot about her computer, a second computer in the room with her when she died. What can police extract from it?

STEVEN ROGERS, COMPUTERS SPECIALIST: Well, I tell you, what`s on that computer may be very critical in linking a lot of dots here. The police are going to be looking for every single communication transmitted to and from that computer.

For example, who was she speaking to on that computer, if she did, in fact, speak to anyone? Did she order drugs from that computer? So the police will be able to find e-mails, if she downloaded them. Maybe there were some blogs that she had out there, maybe a Web site.

But there`s obviously something troubling that the police are looking at, and those computers may hold the key.



UNIDENTIFIED MALE: We`re certainly happy that Rose Morat and Solange Elizee are recuperating. Our thoughts are with them and their families in the aftermath of their terrible ordeal. But it`s hard for the community to be at peace because the perpetrator who committed these crimes is still at large.


GRACE: And now there are allegations already -- we haven`t even caught this guy -- that he has a mental defect. Jon Leiberman with "America`s Most Wanted," you want to tell me a guy that follows an old lady all the way up the elevator, gets off one floor before her so he can then attack her as she is breaking into her -- as she`s trying to get in her door with her little key? That guy`s not mentally ill.

JON LEIBERMAN, CORRESPONDENT, "AMERICA`S MOST WANTED": Well, he`s crazy in some way, shape or form. He might not be mentally ill by the definition. But this guy is one of the most heartless, cowardly creeps, one of the most that we`ve ever seen.

And he`s clearly desperate. And that`s really the key, Nancy, here. If you break down the surveillance tape, you can see just how desperate this guy is. There`s no reason to punch this 101-year-old several times, and grab her purse, and then go back and frisk her, looking for more money, and then throw her on the ground. I mean, this guy is so desperate, and that`s one thing that we do know about him.

GRACE: Desperate? Desperate for what? If he wants money, has he thought of working like the rest of us? Hey, I`ve got two jobs. I bet he doesn`t even have one.

LEIBERMAN: Well, absolutely. And that`s the first thing that police...

GRACE: Desperate? What is that, a North Face jacket? You know how much those things cost? This guy`s not desperate. Look at that. The lady`s 101 years old, and he is frisking her like a cop on a doper. Not only that, he then throws down her walker and beats her in the face. Look, he`s -- look at that. He`s beating the 100-year-old lady in the face and taking her wallet. Tell me about the second victim, Jon.

LEIBERMAN: Well, it`s despicable and disgusting, the fact that this guy went from that 101-year-old woman right down the street to another old woman with a walker, and he beat her in the face, too, and knocked her to the ground. The reason why I say desperate is this: He`s going after vulnerable old women who he thinks can`t fight back and he`s looking for money. And when I say desperate, is he trying to feed a drug habit?

GRACE: I don`t care.

LEIBERMAN: Is he homeless?

GRACE: I don`t care.

LEIBERMAN: Is he trying to -- no, but this helps police break down this guy`s psyche so they can try and track him down.

GRACE: You know what? That`s a good point, regarding tracking him down. I want you to take a good look at the video. Out to you, Detective Steve Rogers, Detective Lieutenant Steve Rogers from Nutley Police. You know, NASA can enhance video. We can get a better picture of this guy`s face.

ROGERS: And so could law enforcement, Nancy. We`re going to be able to take this video, and enhance it to...

GRACE: Look at that. Have you looked at this?

ROGERS: It`s sad. It`s very sad. This individual...

GRACE: Is your grandmother still living, Steve?

ROGERS: Well, my grandmother isn`t, but I can tell you this. I told your producer anything short of the death penalty would be light on this guy. I mean, we`ve got to get tough on crime, and this is what happens.

GRACE: Look at that, 101 years old.

ROGERS: This is sad.

GRACE: And with the second victim, Jon Leiberman, isn`t it true he not only took about $40 bucks, but he took her engagement ring from her husband, a 60-year-old engagement ring? That`s all she had left of her dead husband.

LEIBERMAN: That is probably the most heart-breaking part about all of this is the fact, yes, that she took that engagement ring, that wedding ring. It has the initials H.R. engraved on it. And if this guy needed money as badly as it appears in this video that he did, he probably took this ring right to a pawnshop and got some money for it. And that`s why police are scouring all of the area pawnshops, looking to see if somebody came in and tried to give this ring, sell this ring for money.

GRACE: To Beatty Cohan, question?

COHAN: Yes, Nancy.

GRACE: All this talk about him being desperate, I don`t buy that for a minute.

COHAN: I don`t buy it for a minute either. I think he`s an evil man. And I think that, if he had really been concerned about money, he could have gone to a wealthier area and he could have attacked some older people there. I don`t think it`s about money at all.

I think that this man clearly has some issues with older women. And I hope, as all of the other guests have said, that they certainly capture him soon and that he spends the rest of his life in prison. I don`t care if he`s depressed or anxious or psychotic; what he did was absolutely an abomination.

GRACE: ... 101 years old. Liz, do we have any sound from Rose Morat? Let`s take a listen to that. This super-spunky senior -- actually the little old thing tried to fight back. Take a listen.


UNIDENTIFIED FEMALE: I`m 101 years old. How are you going to run after a mugger? I got a little angry, you know, and I said, "Oh, that so- and-so, I hope you get caught."

UNIDENTIFIED FEMALE: He began to beat me, beat me in my face, a lot of blood coming out of my mouth.


GRACE: And I want to point out the second victim actually has Parkinson`s disease. Let`s go out to the two lawyers. They`re the ones arguing that the old ladies probably can`t make an I.D. and they didn`t have on their glasses and the lighting was bad. What do you have to say for yourself, Daniel Horowitz?

HOROWITZ: Well, Nancy, I`m biased in this case. I spoke to Rose today and talked to her about what happened, so I`m against this guy. I agree with Rose. I said, "Rose, what do you think should happen when they catch this man?" And she said, "Look, Dan, I don`t care if he`s crazy, or if he`s just a bad man, get him away so he can never hurt anybody again." And that`s the bottom line. Let`s put this guy on a desert island and leave him.

GRACE: Michael, this is not this guy`s first offense. This is not his first offense. I`ll tell you why: because he had the M.O., the modus operandi down pat. He knew to follow the lady up in the elevator, see where she went first, get off one floor before her, run up the stairs so by that time she would be at her door fumbling with her key.

CARDOZA: Nancy, let`s try to take the emotion out of this. Every thinking person knows all the bad things about this guy and the bad things that should be done to him.

GRACE: Oh, yes.

CARDOZA: One of the best things a defense attorney would do would be to tell him to turn himself in, and not just to the police, because I guarantee you, if he goes to the police, the police report will read, "He resisted arrest, and that`s why we broke three or four of his bones and his face, et cetera, et cetera."

What he should do -- and I honestly mean this -- go to CNN and turn yourself in there, so they can turn you in to the police.


GRACE: Hey, hey, hey, hey, wait a minute.


GRACE: No, wait a minute. If he turns himself into me, I`ve got a little finger necklace, Michael, nothing could make me happier.

CARDOZA: See what I mean?

GRACE: Yes, you`re right.

CARDOZA: Assume somebody that believes...

GRACE: That little old lady looks like my grandmother.


CARDOZA: ... we are citizens of law. Nancy, you do that, and you lower yourself to what this guy is. What we do is...


GRACE: Boo-hoo. Yes, please, turn yourself in to me.

CARDOZA: ... take him to the police. Make sure that he is not mistreated at that time. I guarantee you, he`s going to be mistreated at some point, guaranteed, by the police or in prison after. Maybe he deserves it, but that`s what`s going to happen.


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


UNIDENTIFIED MALE: I`m 101 years old. How are you going to run after a mugger? I got a little angry, you know, and I said, "Oh, that so-and-so, I hope you get caught."

GRACE: Homicide experts called in on the mystery surrounding the sudden death of cover girl Anna Nicole Smith. Repeat: homicide experts called in. Just how much methadone has it been reported found in her skin?

CAPLAN: Her body tissue was loaded with methadone. We`re waiting to get the exact milligram count, but we also heard related, though, to the Demerol that police are investigating looking into whether or not 75 milligrams of Demerol were injected into her prior to her death, in fact, two minutes within her death.

GRACE: Again, repeat, as we go to air, we learn the body of this 6- year-old little boy has been found. The police chief saying nothing like this has ever happened here before. It seems as if something did happen in the area before with the same suspect. Two counts of child molestation. You`ve got straight probation.

You`re in contempt tonight, Judge. You gave this guy straight probation in 1997. You gave him 10 years straight probation. Not only was he violating his probation being around children, he never did a single day of jail time. In that case, two little boy victims.

UNIDENTIFIED MALE: Now we know what we didn`t know. We can bring closure. And (INAUDIBLE)

UNIDENTIFIED FEMALE: The family`s not going to be the only one to take this hard. Just look around you, all these people are here. (INAUDIBLE) we just praying and hoping that he would come home alive.


GRACE: Tonight, we remember Army Private First Class Rowan Walter, 25, Clovis, California, killed, Iraq. Enlisting after a two-year church mission in Europe, he`s an Army medic, receiving a Bronze Star, Purple Heart. He loved foreign languages, fluent in French, Chinese, learning Arabic, dreamed of becoming an actor, leaving behind widow, Priscilla, and parents, a brother, two sisters. Rowan Walter, American hero.

Thank you to all of our guests for being with us, and a special good night from the New York control room. Night, Liz, Brett. And a good night from friends of the show, here in New York, Judy, Chris, Theresa and Andrew.

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


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