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NANCY GRACE

Dannielynn DNA Taken, Sent to U.S. for Paternity Test

Aired March 21, 2007 - 20:00:00   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 -- done and done, a DNA swab finally taken in the battle over 6-month-old baby Dannielynn, the only descendent of covergirl Anna Nicole Smith. All parties present when that oral swab was taken, the sample tonight en route to the U.S. for testing. But the battle`s not over yet, Smith`s lawyer/boyfriend, Howard K. Stern, set to file an emergency appeal to block the paternity test. But is it too late? And tonight, will the baby and guardian Howard K. Stern be thrown out -- that`s right, evicted -- from the Bahamas seaside mansion where the both of them lived with Anna Nicole Smith? The owner wants Stern out yesterday.
Also tonight, we confirm the body of a 6-year-old boy who vanished from his home in Georgia was found. Tonight, the stunning details on an entire neighbor family now charged with the little boy`s death.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: There`s been a lot of people here and they`ve searched everywhere. May be that he`s not in this area. Maybe there`s other areas that we may need to move on to and search. Until Christopher finds up, I`m not going to ever stop searching.

UNIDENTIFIED FEMALE: You can tell that the community is -- was really supportive. I mean, they think of him as their own.

UNIDENTIFIED FEMALE: Oh, he`s not just our baby, he`s all of our babies.

UNIDENTIFIED FEMALE: You would never (INAUDIBLE) we just was planning and hoping that he was going to come home alive.

UNIDENTIFIED FEMALE: I told him, Don`t go near this man. I said, He can hurt you bad, baby, and you may never see grandma and daddy again. I said, Stay away from him. You might think he`s a nice man, but he`s not. I said, Stay away from him and stay out of his yard.

UNIDENTIFIED FEMALE: I don`t believe that Christopher would go with any -- a stranger. I believe -- that`s why I don`t understand how no one heard him fighting to try to get away from these people. I don`t understand.

UNIDENTIFIED FEMALE: Thirteen charges in total were handed down today. We`re going to go through all those. For the Edenfield family -- that includes sex offender George Edenfield, David Edenfield and Peggy Edenfield. They`re all charged with murder. They are also charged with kidnapping with bodily injury, enticing a child for indecent purposes, false imprisonment and cruelty to children. Now, the father and George Edenfield are also charged with aggravated child molestation. The mother, Peggy Edenfield, is charged with child molestation. Now, all of the Edenfields and family friend Donny (ph) Dale are charged with concealing the death of another person and tampering with evidence. The district attorney is going to be seeking the death penalty in this case in those charged with murder.

UNIDENTIFIED MALE: ... expediently and try to receive (ph) the maximum punishment that`s allowable under Georgia law against the people who committed this horrible crime.

(END VIDEO CLIP)

GRACE: Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight. First, finally, a DNA swab complete on Anna Nicole Smith`s 6-month-old baby girl.

(BEGIN VIDEO CLIP)

JEAN CASAREZ, COURT TV: The DNA test has been done today of baby Dannielynn. It was done this morning at a neutral location. And beyond that, all the parties were present when it was done. The buccal swab that was done inside the cheek is now bound for the U.S. It will be tested in Ohio.

A source inside the glass door that will -- and wants to remain nameless, told me that Howard K. Stern said to Larry Birkhead, Why didn`t you just call me? This all could be worked out. The answer was, No, I`m not going to call you, and we`re not going to have it worked out like that.

UNIDENTIFIED MALE: Anna had came to Myrtle Beach. She called me in May of `06, told us she was pregnant. She stressed to us the urgency of wanting to move and asked us to talk with my attorney in Myrtle Beach what the laws were to unwed mothers and what fathers` rights were. She told us that she was pregnant with Larry Birkhead`s child and that she did not want him to have any rights to the child.

LARRY BIRKHEAD, ANNA NICOLE SMITH`S FORMER BOYFRIEND: I`m just doing what I have to do for my daughter, and that`s why I`m here and that`s why I`ll go wherever I have to go.

UNIDENTIFIED FEMALE: My client is the father of Dannielynn Marshall Stern. My client is on the birth certificate.

UNIDENTIFIED MALE: Two guys claim they are the father, and I don`t think it`s true.

UNIDENTIFIED FEMALE: The testing, I understand, takes three to four days, but it will be sealed. When the results are found, it will be sealed until a hearing back here in the Bahamas April 3.

(END VIDEO CLIP)

GRACE: Done and done, a DNA swab taken in the mouth of 6-month-old Dannielynn, the only descendent to a multi-million-dollar fortune of Anna Nicole Smith. It happened today. But don`t get comfy, anybody. The battle is not over yet.

Let`s go live to the Bahamas. Standing by, Court TV`s Jean Casarez. Tell me the whole thing.

JEAN CASAREZ, COURT TV: Oh, good evening, Nancy, from Nassau. Well, just as you just said, that the testing was done today, the buccal swab bound for the U.S. But I think the surprise of the day, at least here in Nassau, is that an appeal by Howard K. Stern was not filed, even a notice of appeal, by the end of business today.

GRACE: Now, Jean, I want to make sure because jurisdictions are very different here in the U.S. And the way the legal lingo reads there in the Bahamas, a notice of appeal is often filed immediately with the trial court, with the other parties and to the appellate court. When you say a notice of appeal was not filed there in the Bahamas, what do you mean?

CASAREZ: I mean exactly what you just said. A notice of appeal has not been filed. Now, if you have an emergency appeal, which is what could have been done right when the doors opened today, to try to stop the test from taking place, that`s one thing. That was not done. Or you have a notice of appeal. And within 14 days, you must file that notice of appeal. So Howard K. Stern does have some time. And that is before the April 3 date. But now that sample is bound for the United States. So now there`s a question of jurisdiction.

GRACE: Before I get to this sample traveling to the U.S., Jean, I want to find out about more the way that the swab was taken? Who was present? Where was it taken? And was there opposition today?

CASAREZ: Well, sources close to the case tell Court TV news that it was done this morning, it was done in a very neutral location, such as a doctor`s office, that all the parties were present. The swabbing was a buccal swab, a Q-tip swab of the cheek of Dannielynn. It was done by Michael Baird (ph), who was present, Dr. Baird then taking the sample, the tissue sample, bound for Ohio, where it will be tested. Takes three to four days to actually get the results. But as per the judge here in the Bahamas, it will be sealed. Any results will be sealed pending an appeal and/or the court date on April 3.

GRACE: Jean, how do we know -- what do we know about how it`s traveling to the U.S.? Is someone physically bringing it to the U.S.?

CASAREZ: I believe the custody and care would be that is physically brought to the U.S. by someone, correct.

GRACE: OK. Because there`s no way they`re going to put evidence like this, say, in the mail. They`ve got to have it carried physically to the crime lab, yes?

CASAREZ: No, I think you`re exactly right. That chain of custody is not going to be broken, at this point.

GRACE: And I want to ask you something regarding the Ohio lab. Is it a private lab, or is it the Ohio state crime lab?

CASAREZ: No, it is a private lab, but Dr. Michael Baird is the director of this DNA lab. It is one of the foremost DNA labs for paternity testing, and Dr. Michael Baird is the one that Larry Birkhead hired in Florida to take the actual swab of Anna Nicole Smith when the judge allowed that second swabbing to occur. So he had Anna Nicole Smith`s DNA, now he has Dannielynn`s DNA, and we believe Larry Birkhead`s DNA also, so the testing they believe will be complete at this point.

GRACE: Also joining us tonight from the New York bureau of "Star," David Caplan. David, what are you hearing?

DAVID CAPLAN, "STAR" MAGAZINE: Yes, the interesting thing that happened today, as well, was that Howard K. Stern may be without a daughter and without a house very soon. Earlier today, actually, Ben Thompson`s son-in-law, Ford Shelly, who owned the house that Howard and Anna were staying in, said that his lawyer is going to be filing papers to evict Howard K. Stern from the house, and not Dannielynn. So it`s not a good day today for Howard.

GRACE: OK, what are they going to do, let the baby live there all by herself? Why would they evict Stern, the lawyer/boyfriend, and not the baby?

CAPLAN: Excellent question. In fact, Dannielynn, they said, is welcome there, and so is Larry Birkhead, who they say is the natural dad in a statement that was released, as is Virgie Arthur, as well.

GRACE: OK, I don`t understand that. To you, Jean Casarez. Why do they all hate Stern so much? Why do they want -- it`s OK for anybody to live there rent-free except Stern.

CASAREZ: I think what -- and I can confirm that a summons for eviction was filed today. There`s going to be hearing not until May 9. But G. Ben Thompson ordered this. He does want Stern out. But this is what I think, Nancy. I think with the DNA test being done today, they do believe that time is of the essence, that that child is going to leave the home before not too long. And then they want to have all the proper forms filed so that Stern will be out of the house.

GRACE: Well, don`t think it`s over yet, everybody. Here`s the kicker. Paternity and custody are two very different things. Take a listen.

(BEGIN VIDEO CLIP)

DONALD CLARK, REPRESENTATIVE FOR VIRGIE ARTHUR: The firm and all of us included is trying to get Dannielynn in Virgie Arthur`s arms so she can take her home to Texas, where she has her whole family there with. Dannielynn has no family, no living family at all in the Bahamas. And I say that including Howard Stern because there`s plenty of evidence out there that Howard Stern has not been with this baby very much since she has been born. She`s been taken care of by nannies. So the baby has nothing.

So that`s what we want to do, is to get the baby in Virgie`s hands. She`s proven that she`s qualified. She`s raised kids. She`s raised Danny up until 7 years old. So why not give her this baby?

(END VIDEO CLIP)

GRACE: That is Don Clark, the former head of the Houston FBI bureau, and he is representing Virgie Arthur, the mother of Anna Nicole Smith, there in the Bahamas. Paternity, shmaternity, he doesn`t care. Even if Birkhead comes back as the biological father, Virgie Arthur, apparently, still wants to take the baby home with her to Texas to raise it.

Let`s go to John O`Quinn. This is Virgie Arthur`s lawyer. Mr. O`Quinn, thank you for being with us. Is that the case?

JOHN O`QUINN, ATTORNEY FOR VIRGIE ARTHUR: That is the case. However, I think provisions would be made, assuming Mr. Birkhart (SIC) is found to be the father through DNA testing, that he should have ample visitation rights and -- and involvement with the child.

GRACE: Hold on. Hold on. Let me see John O`Quinn. John O`Quinn, you`re telling me that -- that`s not him. There we go. Mr. O`Quinn, you`re telling me that even if Birkhead is the biological father, your client, Virgie Arthur, thinks she should have the baby and the father should get visitation?

O`QUINN: That`s correct.

GRACE: OK.

O`QUINN: Now, Virgie has experience raising children and she`s a great mother, and she`ll be a great mother for this child.

GRACE: Mr. O`Quinn, do you have any children?

O`QUINN: Me? No. But I was raised by my grandmother. I know what it`s like to be raised by your grandmother.

GRACE: Well, I was partially raised by my grandmother, too.

O`QUINN: Your grandmother did a very good job.

(LAUGHTER)

(CROSSTALK)

GRACE: Let`s not drag our respective grandmothers into this. But here`s the deal, Mr. O`Quinn. Every father in the country that doesn`t have parenting classes or parenting expertise, in your opinion, apparently would be an unfit father, and the child should go to everybody`s grandmother. That doesn`t even make sense.

O`QUINN: I`d say every father that`s described by former FBI agent Don Clark, who`s a very sharp man -- every father who takes no interest in the raising of the child is not fit to raise the child.

GRACE: Do you think Birkhead has exhibited no interest? Why has he been in court all this time?

O`QUINN: No, no. I`m talking about Stern. Even though he`s had possession, he`s exhibited no interest. Birkhead has exhibited an interest in getting possession. He`s not yet had an opportunity to father the child.

GRACE: But my question to you, Mr. O`Quinn, is if Birkhead is the biological dad, your client still wants to take the baby.

O`QUINN: My client wants to raise the child. My client is the one best experienced to raise this child. And (INAUDIBLE) after all, she`s blood kin. She is the grandmother, and grandmothers do great jobs raising children. I think -- me, personally, I think Birkhart (SIC) should be involved. I think he should -- he should have rights, visitation rights, time with the child, summer or whenever they can work these things out -- because I think having the father`s influence in a child`s life is extremely important and very, very good.

GRACE: Let`s go to the lines. To Anne in California. Hi, Anne.

UNIDENTIFIED FEMALE: Hi, Nancy. My question is, if Stern is disbarred for abusing his attorney/client relationship, would this make the will invalid and as well as his appointment as guardian over the baby?

GRACE: Interesting question, Anne. I think the will`s going to be thrown out on other grounds. Let`s unleash the lawyers. Joining us tonight, Pam Hayes, veteran trial lawyer out of the New York jurisdiction, Renee Rockwell, also a trial lawyer, out of Atlanta.

Let`s just get right down to it. Renee, the will specifically states everything goes to Daniel, her son, now deceased. It also states if she has any more children, they`re to get nothing. So the will is invalid.

RENEE ROCKWELL, DEFENSE ATTORNEY: And it`s invalid because there`s another child that`s been born since the will was made. But even if Howard Stern loses his license, I don`t see that that would automatically make a will -- any will invalid. There could be another will, Nancy. We don`t know. You know where there`s a will, there`s a relative, and there could be someone coming out of the woodwork with another will.

GRACE: What about it, Pam Hayes?

PAMELA HAYES, DEFENSE ATTORNEY: Well, you know, we just have to wait and see, Nancy. Here`s the problem. Just because the will is invalidated, all that`s going to happen is the intestate succession rules of administration are going to kick in. They`ll appoint someone, and that`s how it will go. The problem that I have is, if Larry Birkhead is the father, then the grandmother doesn`t have any standing. So she`s going to be out.

GRACE: Yes. The reality is that there are very few jurisdictions in this country that recognize grandparents` rights, and it`s very rare that a grandparent`s right to guardianship is going to trump a biological father`s right, unless the two have struck a deal.

What about it, Mr. O`Quinn? Has Larry Birkhead joined up with your client, Virgie Arthur, in a deal, a settlement, where she`ll get custody and he`ll have the child for summers?

O`QUINN: There`s no deal that I know of. There`s been discussions about how to work together when they get the custody. They both like each other a lot. Virgie likes Larry and Larry likes Virgie, and they both trust each other a lot. And they both want the same thing. They want to do what`s best for this baby. They`ve had conversations, How do we do what`s best for this baby? And I think that`s what they`re going to do.

GRACE: All right. Back to you, Jean Casarez. I understand that there was a confrontation of sorts today between Birkhead and Stern.

CASAREZ: It was actually yesterday, and it was right when court was finished. And my own producer was standing outside. And there`s glass doors to the supreme court building, so you can look inside. And he saw Larry Birkhead and Howard K. Stern having a conversation. And he came to me and he said, Jean, it wasn`t pleasant. It wasn`t pleasant at all. And a source inside that glass door, that will remain nameless, heard it and told me -- and I believe in this source -- saying that Howard K. Stern said to Larry Birkhead, Why didn`t you call me? We could have worked something out. Why didn`t you call me? I`m not going to call you. There`s nothing to call you about, said Larry Birkhead. And then Larry Birkhead said, If you fight to get that will into probate, we will fight you appeal after appeal, if necessary.

GRACE: So all the sides squaring off. Today is just the beginning of a whole new chapter in the battle not only over a 6-month-old baby girl, Dannielynn, the only descendent of covergirl Anna Nicole Smith, but the $475 million estate she is set to inherit.

Very quickly, we`ll all be right back, taking your calls -- let`s go to tonight`s "Case Alert. The search for a missing 15-year-old girl vanishing on her way to school in Brooklyn, Sharmulla Siew, last seen Thursday, March 15. Take a look. She was wearing a gray and black spider jacket, white T-shirt, bluejeans, black Nike sneakers. Take a look at this 15-year-old. If you have information, please call Crimestoppers, 1-800- 577-TIPS.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CASAREZ: Sources close to the case have told Court TV news that, in fact, the DNA test has been done today of baby Dannielynn. It was done this morning at a neutral location. And beyond that, all the parties were present when it was done. The buccal swab that was done inside the cheek is now bound for the U.S. It will be tested in Ohio. And we have yet to confirm that an appeal has been mounted.

(END VIDEO CLIP)

GRACE: Welcome back. Done and done, the DNA swab has been taken from the little baby, the little baby who`s sitting on $475 million.

Let`s go straight out to Dr. William Morrone, medical examiner and toxicologist, joining us out of Michigan. Doctor, how do you secure what we call the chain of custody on a swab like this, to make sure it`s not tampered with?

DR. WILLIAM MORRONE, MEDICAL EXAMINER AND TOXICOLOGIST: It begins at the site. The site has to be a certified lab that collects it. And the chain of custody is just like any custody involved in any legal matters. That chain of custody continues to the lab that processes it. And the key is the judge and the lawyers agree on the lab that`s selected. The lab that`s selected is certified in chain of custody. And none of this is doubted. When this data is presented to the courts, it`s absolute.

GRACE: Joining us tonight is a very special guest. It is Elaine Tabers. This is Virgie Arthur`s sister-in-law. Ma`am, thank you for being with us tonight.

ELAINE TABERS, VIRGIE ARTHUR`S SISTER-IN-LAW: Thank you.

GRACE: You have been around Anna Nicole Smith many, many times. And I`m just wondering what her family believes would be her response to what all has been going on.

TABERS: She would probably be saddened by it, but I know that she would want her little girl to know the love that she had when she was younger.

GRACE: What do you make of Anna Nicole Smith`s clear resentment of her mom later in life, very recently, before her death? It didn`t seem at all as if Virgie Arthur responded in kind. It seemed like Virgie genuinely loved Anna Nicole, but it was not reciprocated.

TABERS: I believe that because of the people that she was acquainted with at the time and the drugs that she was on, that it kind of -- it turned her that way. But she always knew in her heart that she had a family to come back to and that she would always be welcomed with open arms.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

CASAREZ: The testing, I understand, takes three to four days, but it will be sealed. When the results are found, it will be sealed until a hearing back here in the Bahamas April 3. Now, the reason April 3, we understand, is because that`s 14 days, and that is the length of time that is required to file a regular general notice of appeal. So the judge is obviously wanting to allow the appeals to be extinguished to a point before the results are released.

(END VIDEO CLIP)

GRACE: Tick tock, tick tock. That`s the sound of the clock as everyone waits for the results of DNA tests taken today on a 6-month-old baby girl in the Bahamas. Significance? It is the only heir, the only descendent, to covergirl Anna Nicole Smith`s $475 million estate.

Joining us tonight is a special guest. This is the sister-in-law of the baby`s grandmother, Virgie Arthur. With us, Elaine Tabers. Elaine, what kind of mom was Virgie Arthur to Anna Nicole? Why did the two split?

TABERS: I think it was a lot to do with the drugs and the people she was hanging out with. She got to where she was just really -- I don`t know how to explain it. She was -- she didn`t want nobody to tell her that she was, you know, messing up by doing the drugs. And her mom was concerned and loved her enough to, you know, confront her with it, you know, to...

GRACE: What do you think about Stern?

TABERS: I don`t trust him. And he`s a very, very evil man.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

JEAN CASAREZ, COURT TV: Sources close to the case have told Court TV News that, in fact, the DNA test has been done today of baby Dannielynn. It was done this morning at a neutral location. And beyond that, all the parties were present when it was done. The buccal swab that was done inside the cheek is now bound for the U.S. It will be tested in Ohio, and we have yet to confirm that an appeal has been mounted.

(END VIDEO CLIP)

GRACE: Well, the DNA test has been done, but that`s just the beginning of the battle. Let`s go out to Elaine Tabers, Virgie Arthur`s sister-in-law, and John O`Quinn, Virgie Arthur`s attorney. Virgie Arthur is the mother of Anna Nicole Smith, the grandmother of this baby girl.

We have just received a statement from Larry Birkhead in response to you, Mr. O`Quinn. You`re stirring the pot. He states, "I am shocked at Mr. O`Quinn`s statements on behalf of Virgie Arthur. No one will take my child and raise it except me. That is final. She is my baby girl, and I will raise her."

Mr. O`Quinn, again, if the paternity test comes back that Birkhead is the biological dad, is your client, Virgie Arthur, prepared to take it to court for guardianship?

JOHN O`QUINN, ATTORNEY FOR VIRGIE ARTHUR: I think the court will have to decide those issues.

GRACE: Well, I know the court will have to decide the issues if your client takes it to court. Is your client taking it to court?

O`QUINN: I think there has to be a conversation between the two individuals about what`s going to happen in the raising of this child that they`re both comfortable. I doubt anything will be taken to court.

GRACE: Well, and the reality is, to you, psychotherapist Dr. Leslie Austin, even if Birkhead is the father, or Stern is the father, you would expect some type of relationship with the blood relative, the grandmother. There`s really no reason Virgie Arthur should be totally frozen out.

LESLIE AUSTIN, PSYCHOTHERAPIST: No, there really isn`t. But there`s also no reason why, if there`s a biological father that`s proven to be the real dad, that a grandmother would take precedence over the biological father without proving the father unfit. So, sure, she should have a place in his life, but the father should come first.

GRACE: And speaking of unfit, to you, David Caplan, the New York bureau chief of "Star," there is talk -- there are reports that Virgie is trying to amass evidence that Stern would be an unfit guardian, because we all know, in that will, he is named executor and guardian of the estate, which could be construed to include the baby girl. What has been amassed? What`s the evidence Stern is an unfit parent?

DAVID CAPLAN, "STAR" MAGAZINE: Right now she doesn`t have any -- right now, I haven`t heard of any concrete evidence. I know she`s looking in the Bahamas to sort of dig up his past, in terms of his jobs, who he`s been hanging around with, but nothing has been revealed so far, nothing that we don`t already know. So she may have a bigger task at hand, really, to prove the information we don`t already know.

GRACE: Let`s go out to the line. Susan in Wisconsin. Hi, Susan.

CALLER: Hi, Nancy.

GRACE: What`s your question, dear?

CALLER: My question is, is Larry Birkhead in violation of the gag order that was put into place for his display outside of the courthouse?

GRACE: I`m sorry. Could you repeat that, dear?

CALLER: I`m wondering if Larry Birkhead is in violation of the gag order that was put into place for his display outside of the courthouse.

GRACE: Good question. To you, Jean Casarez, what did he say outside the courthouse? And is it construed a violation of the gag order?

CASAREZ: I don`t think he said anything really. I think he jumped up and down and went like this with his fist. And I think, when you talk about violating a gag order, you`re talking about verbally dissuading the gag order, so he didn`t say anything in that manner verbally, no.

GRACE: You essentially have to repeat what happened in court or comment on the case. To you, Marguerite in Michigan, hi, Marguerite.

CALLER: Hi, Nancy. I was wondering if the money that little Dannielynn stands to inherit could be put into a trust fund and no one could touch that money until she becomes of age.

GRACE: You know, in theory, yes, Marguerite, that`s exactly what they would do with it. And whether she gets the $475 million is another issue, Marguerite, because that is the money from Anna Nicole Smith`s late husband, Marshall, the billionaire.

But there`s a whole other part of the money, Marguerite, from her likeness, a book, t-shirt sales, stories, movies about her, her ongoing industry that she had going. There`s a lot more than $475 million at stake, Marguerite.

Here`s the problem. When you name a trust like that, Renee and Pam Hayes, you`ve got a little thing called a trustee. And right now, it`s Howard K. Stern, Renee.

RENEE ROCKWELL, DEFENSE ATTORNEY: Absolutely. He`s the number-one guy. But the interesting thing, Nancy, is, you know what? They didn`t test Howard Stern. So what if Birkhead is not the father? Where are we then? Who`s the daddy?

GRACE: You know, back to you, Pam Hayes, what do we do in that event? I guess, not knowing the biological dad, the grandmother and the executor would duke it out.

PAMELA HAYES, DEFENSE ATTORNEY: Absolutely, because then Virgie would be the next of kin. She would, in fact, have standing as the next of kin, and then she could go in court and duke it out with Howard Stern. But the worst thing that could happen for just about everybody is that Larry Birkhead is not the father.

(CROSSTALK)

GRACE: Oh, yes. It`s a wild card. I`m not even going to say Prince Von Anhalt, OK? Not going to bring that name back up.

HAYES: Don`t do it.

GRACE: No, I`m not. And back to you, Jean Casarez, there we go. Thank you for calling it a lineup, the dad possibilities in this scenario. Jean Casarez, now, to top it all off, the tax man is involved. Explain.

CASAREZ: The tax man?

GRACE: You know what? We got that right -- I`ll tell you. For once, finally, I`ve got some news for you, Jean Casarez.

CASAREZ: Yes, you do.

GRACE: Right as we went to air -- yes, usually it`s turned around. We learned right as we came to air, Jean, that apparently Anna Nicole Smith`s corporation has not paid real estate or back taxes for some time. Now the IRS, the tax man is involved, which creates a whole other scenario.

What about that? John O`Quinn, you`re Virgie Arthur`s lawyer. That`s a whole new scenario. The IRS doesn`t take no for an answer.

O`QUINN: The IRS is very determined, and they always get their man. Look what happened to Dillinger and those guys in the Chicago mob. They killed people and they get punished for that, but not paying taxes they got punished. But, look, there`s a serious issue here about, where is the money? How did Anna Nicole`s money get spent on a house that`s now in a company owned by Stern, a boat that`s in a company owned by Stern?

GRACE: You`re right. And speaking of the house, Jean, there`s the eviction notice. They could throw out Stern and the baby. And P.S., on those taxes, Jean, it was reported on TMZ they owe $30,000, and nobody has bothered to pay taxes since 2002, 2002. No taxes paid.

CASAREZ: Well, that`s a tax man issue, you`re exactly right. As far as the home, I can confirm that a summons for eviction was filed this afternoon. A hearing set for May 9th. And that`s because G. Ben Thompson is saying, "I want the man out," Howard K. Stern.

And so they`re trying every route. They`re going via the Supreme Court. They`re going via the magistrate`s office here in the Bahamas, all the legal ways they can go to try to get that home back to who they believe is the rightful owner, G. Ben Thompson.

GRACE: And, Jean, is it true that Anna Nicole Smith and Stern had been looking at or purchased or were renovating another home in the Bahamas?

CASAREZ: Yes. Now, that`s still a really big question. I visited that home. I`ve been there. It`s definitely a fixer-upper home. It will be a beautiful home when it`s fixed up. But everything is out in the front yard, from tile to bathtub, to windows, to a sofa.

But the question is, who owns that home? And that is a question that I have not been able to answer. I even went to the title office and did a title search myself.

GRACE: Jean, we`re showing it right now.

(CROSSTALK)

CASAREZ: Are you showing it right now?

GRACE: Yes, the new home, the one you`re talking -- yes, it does. It needs renovation. Keep going, Jean.

CASAREZ: So if Howard K. Stern doesn`t own that home, if someone else owns that home, then we`ve got the very same issue again, because you`ve got to have legal residency to be able to stay here in the Bahamas when you have an infant child or if you`re by yourself.

GRACE: Before we go to break, I want to go back again to Elaine Tabers. This is Virgie Arthur`s sister-in-law. Final thought?

ELAINE TABERS, VIRGIE ARTHUR`S SISTER-IN-LAW: I just pray that Dannielynn gets to be with someone that loves her and can take care of her, because I fear for her.

(COMMERCIAL BREAK)

(NEWSBREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED FEMALE: A week-long search for 6-year-old Christopher Michael Barrios ended suddenly Thursday when a state wildlife official spotted his body off the side of a dead-end road in this wooded area.

UNIDENTIFIED MALE: About two miles from here, which is further than we thought, Christopher was found.

UNIDENTIFIED FEMALE: Police Chief Matt During (ph) broke the news to dozens of volunteers who spent seven days scouring nearby fields.

UNIDENTIFIED FEMALE: He`s not just our baby; he`s all of our baby. And so I feel like, you know, the family is not the only one to take (INAUDIBLE) look around you, all these people are here. You would never think that we were just praying and hoping that he would just come home alive.

(END VIDEO CLIP)

GRACE: We confirm that the body of a 6-year-old boy who vanished near his Georgia home was found. Tonight, the stunning details on an entire neighbor family now charged with the little boy`s death. The whole family charged with murder one.

Out to Wayne Jeffers, reporting with the "Brunswick News," what happened?

WAINWRIGHT JEFFERS, "BRUNSWICK NEWS": Nancy, it took just 90 minutes for a special session of the Glynn County grand jury to return an indictment, including murder charges, against three of the four people being held in connection with the disappearance and death of 6-year-old Christopher Michael Barrios, Jr.

GRACE: Now, where did they live in relation to the little boy?

JEFFERS: In relation to the little boy, they lived about two trailers or three trailers away, but they lived right in front of the trailer where the grandmother stayed.

GRACE: What happened, Wayne?

JEFFERS: What happened, the boy apparently got off of the school bus around 2:45 in the afternoon. That`s the time that George Edenfield said that he made contact with Christopher. After he made contact with Christopher, we do not know the exact details what happened until then.

But police, subsequently, after finding out he was missing, went systematically questioning sex offenders in the area, got to George, and then he slipped up by telling them he did, indeed, kill Christopher.

GRACE: Well, you know, I get the time line that far. To you, Pat Brosnan, retired NYPD detective, now president of Brosnan Investigations, I`m missing something. You`ve got the child predator who got probation, wandering free. You`ve got him admitting he was with the kid. Now you`ve got a whole entire family, a mother, a father, the predator, all three charged with murder. OK, there`s something missing. What happened?

PAT BROSNAN, RET. NYPD DETECTIVE, BROSNAN INVESTIGATIONS: I don`t even know where to start. I had the unpleasant task of reading and having access to analyze the 13-count indictment, the language of it. This is the worst of the worst, Nancy. It`s unbelievable.

Here you have a registered sex offender living in this trailer, where no less than half a dozen of the resident tenants stated, in the various news clippings, that, "We thought it was very unusual he was looking at the kids goo-goo eyed, he was staring at kids at the bus stop, he was hanging around the bus stop and the playground."

It`s unbelievable. There was no reporting. There was no notification to the authorities. And it left this animal the ability to kidnap, rape anally...

GRACE: How does mommy fit in?

(CROSSTALK)

BROSNAN: And his mommy and his daddy played integral parts in this twisted sexual, sadistic case.

GRACE: Look at these three. All three of the Edenfields now charged with murder one in the death of a little neighbor boy. The viewing of his body this evening. The story about what this little boy went through before his death and the lengths that these three went to, to cover up the murder, according to prosecutors, is stunning. Go ahead, Pat.

BROSNAN: First of all, I was a South Bronx detective for a long time, saw a ton of bad things. This is a really, really bad one. Mommy is charged in the indictment in count nine for masturbating while the father had anal and oral sex with the 6-year-old boy. It gets worse. Just when you didn`t think it could get worse -- and the son, the registered sex offender, was holding the kid down. They should burn in Hell for this one.

GRACE: Yes, I think I can go on record agreeing with you on that one. And I want to point out that, in 1997, a local judge, Judge A. Blenn Taylor, Jr., you are in contempt! Because you let this guy walk on straight probation after molesting two little boys, straight probation. And he was out walking free when this little boy, Christopher Barrios, age 6, happened to get off the school bus, and the hell this little boy went through before his death is unimaginable.

Joining me right now from the Brunswick Judicial Circuit District attorney`s office, Stephen Kelley. Welcome, Stephen. Thank you for being with us. You guys are seeking the death penalty, I presume.

STEPHEN KELLEY, BRUNSWICK JUDICIAL CIRCUIT D.A.: That`s correct. I announced today that I was seeking the death penalty. And I`ve formed a prosecution task force to get right on this case. As you can see, we got on it right away. We`ve been working with the police for the last three or four days to get this indictment ready and to the (INAUDIBLE) special term of the grand jury ends this morning.

GRACE: Stephen, have you ever seen anything like it, where the mother, the father, and the predator are all involved?

KELLEY: I`ve been doing this -- I think, Nancy -- you know, I`ve been doing this 21 years, and I really cannot -- I think this is probably the first I`ve ever seen anything quite as horrific as this.

GRACE: Well, get ready, Stephen. The first thing they`ll do is want a change of venue.

Joining me right now, not that I want to give them any ideas, the defense attorney in this case, John Wetzler. He`s joining us out of St. Simons Island, Georgia. Mr. Wetzler, thank you for being with us. When did you get the news your client was looking at the death penalty?

JOHN WETZLER, DEFENSE ATTORNEY: Well, Nancy, actually, I represent Donald Dale. He`s charged only with the last two counts in the indictment. He`s charged with -- he`s actually charged with concealing the death of another person and tampering with evidence.

GRACE: You know, Stephen, that`s a really good question. I thought all of them would be charged in the murder. I think I`ve still got Stephen Kelley with me. Stephen, are you with me?

KELLEY: I`m still with you. Can you hear me?

GRACE: Are all three charged with murder?

KELLEY: The mother, the father and the son are charged with murder, but there was a family friend whose only participation was after the murder.

GRACE: Yes, that`s right, Dale. You know, Mr. Wetzler, thank you for clearing that up for me. How did Dale get involved? Are you willing to divulge that tonight?

WETZLER: Sure. You know, the Edenfields used to live over near the place where my client, Donald Dale, lived, in sort of a halfway house. My client was unable to successfully complete his high school special education program, and he lived at this place. And he had developed a friendship with the Edenfields. Are you still there?

GRACE: Yes.

WETZLER: Oh. He had developed a friendship with the Edenfields based upon playing video games.

(COMMERCIAL BREAK)

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: What time did you find him, chief?

UNIDENTIFIED MALE: About 4:00.

UNIDENTIFIED MALE: And it was easy to tell that it was him?

UNIDENTIFIED MALE: Not at first, no. It took a little bit of looking. It took a little bit closer examination.

(END VIDEO CLIP)

GRACE: The body of 6-year-old Christopher Barrios was found not far from his own home. Tonight, we learn an entire neighbor family is charged with his murder, mom, dad and son, who is a convicted child molester.

To Leslie Austin, psychotherapist. Not only did the victim`s family have to go to the funeral tomorrow, the viewing of the baby`s body was tonight, but they have to know that a judge let this guy slip through his fingers.

AUSTIN: I know. It`s the most devastating thing they could go through, in addition to losing their beautiful, lovely child, to know that this guy could have been watched, he could have been supervised, and he was let go. Awful.

GRACE: And, Dr. Morrone, the strangulation death is very painful.

DR. WILLIAM MORRONE, MEDICAL EXAMINER: It is. And this is a child. They`re tender. They break easy. They bruise easy. This is not a man and a man fighting. This is a child.

GRACE: You are looking at a shot of Christopher Barrios earlier, 6- year-old boy. Tonight, our prayers for him and his family.

Let`s stop to remember Marine Private First Class Bufford Van Slyke, 22, Bay City, Michigan, killed, Iraq. He loved life and laughter, always had a smile, loved the outdoors, snowboarding, hiking, fishing, refereeing youth football games back home, leaving behind an older brother, Dan, widow, Courtney, a newborn son, Kaiden. Bufford Van Slyke, American hero.

Thank you for being with us. Until tomorrow night, NANCY GRACE signing off. Good night, friend.

END

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