Return to Transcripts main page
Nancy Grace
Anna Nicole Smith`s Will and Assets Made Public
Aired May 15, 2007 - 20:00 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
NANCY GRACE, HOST: Tonight, breaking news. Covergirl Anna Nicole Smith`s fortune, her will and alleged assets made public. What happened to all the covergirl`s money? How much money is the superstar really worth? And has an alliance formed between live-in lawyer Howard K. Stern and photographer Larry Birkhead? Birkhead`s DNA proved he`s the father of the covergirl`s sole heir, 8-month-old baby girl Dannielynn. After months of speculation, tonight the will. And are secret talks in the works over Anna Nicole Smith`s former husband`s estate, $475 million hanging in the balance.
Also tonight, caught on tape, a 91-year-old World War II hero carjacked, brutally beaten while bystanders look on and do nothing. And why was this three-time felon out on the street to start with? Tonight, we want answers.
(BEGIN VIDEO CLIP)
LEONARD SIMS, CARJACKING VICTIM: I think he`s just of very low character, for a man his age and a man of my age, to do what he did.
UNIDENTIFIED MALE: Ninety-one-year-old Leonard Sims reacts to seeing the man who hit him, pounded him in the face over and over again, finally brought to justice, the arraignment of his suspected attacker beamed into Sims`s living room, 22-year-old Deonte Bradley formally charged with felony carjacking and assault for the brutal and vicious beating of Sims in the middle of a public carjacking caught on tape, using the side of this World War II veteran`s face like a punching bag, literally trying to knock his block off. And for that, Sims says carjacking and assault just isn`t enough.
SIMS: He could have killed me. So I think they should charge him for...
UNIDENTIFIED MALE: Attempted murder?
SIMS: Attempted murder.
(END VIDEO CLIP)
GRACE: Right on! Why isn`t he charged with attempted murder? Good evening. I`m Nancy Grace. I want to thank you for being with us tonight. First, covergirl Anna Nicole Smith`s estate. By the time it`s all over, how much will really be left for her 8-month-old baby girl, Dannielynn?
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: An official copy of Anna Nicole Smith`s will was just filed by Howard K. Stern. Anna Nicole`s estate is worth $720,000, made up of her personal property, valued at $10,000, and house with a net worth of $710,000.
UNIDENTIFIED FEMALE: Tonight, we are finally learning the secrets of Anna Nicole Smith`s will and how much she was really worth. And let me tell you, by Hollywood standards, it isn`t much.
UNIDENTIFIED FEMALE: I`m shocked that she had any money, frankly. I expected just a whole boatload of debt. Look at the money that has been left. It`s $10,000, which is basically just stuff that you have lying around. And the rest is equity in her home.
UNIDENTIFIED FEMALE: Her will was drafted in 2001, completely outdated, named Daniel her sole heir, her son, who is now deceased. The will omitted any future spouses or children, including Dannielynn.
(END VIDEO CLIP)
GRACE: As everyone is circling about Anna Nicole Smith`s will, now made public, we now get a list of assets. And you know what? I don`t believe that list of assets. I do not believe that all of her personal property amounted to just $10,000. This woman had all those designer dresses, all that jewelry, the cars, the furniture. I`m not buying it!
Straight out to Jason Kennedy with E! Tell me about the list of assets and the will.
JASON KENNEDY, E! ENTERTAINMENT: Thank you, Nancy, for having me on. First off, the $720,000 really comes down to her Studio City home here in California. That was listed at $1.8 million, but she had $1.1 million in debt in the mortgage that she still had to pay on that home. So that`s how they came up with that $700,000. And then you look at her personal property. Only $10,000 listed? Like you said, what about the dresses? What about the Trimspa negotiations and contracts she had? Some people surprised, some people really not surprised by that.
GRACE: But on the other hand, with that style of living -- out to you, Tom O`Neil with "In Touch Weekly" -- she had all those people she was supporting. I mean, look, at the time of her death, she had this whole entourage living with her down in the Bahamas. She had four or five nannies. She probably had a cook. She had a maid. She probably had a driver, bodyguards, a fleet of lawyers. Hey, you know, no offense, but those people cost money.
TOM O`NEIL, "IN TOUCH WEEKLY": Yes, but Nancy, we`ve calculated that she has made in the past 12 months previous to her death at least $1.3 million. Remember those wedding pictures she had with Howard Stern, sold to "People" magazine for a million dollars, the Dannielynn birth pictures for $300,000. That`s a lot of money to go through. And whatever happened to that yacht she supposedly bought in Florida, remember, right before her death? She was just supposed to get on it and sail over to the...
GRACE: Listen, listen, Tom O`Neil, look, I`m not -- and we`re going to bring on a wills and estate expert. You know, lawyers are like doctors. You don`t go to a dermatologist to have heart surgery, all right? I`m a criminal lawyer, but even I know something is very, very wrong with this picture. Tom O`Neil, did you just say she made how much in the last 12 months?
O`NEIL: $1.3 million in photo fees alone.
GRACE: In photo fees alone. Then she had the Trimspa. She was in some movie that`s now just coming out. I don`t like the way it`s shaping up.
Back to you, Jason Kennedy. What can you tell me? Where`s all her money?
KENNEDY: Well, you mentioned "Illegal Aliens" was the last film that she made before she passed away. And now the question is what money she gets from that DVD sales. That`s something that`s going to be at the Cannes Film Festival that they`re going to show internationally. Will Dannielynn, as the beneficiary, be subject to getting that money? And I don`t know. I mean, when Howard K. Stern yesterday here in Los Angeles filed the will and the petition, it really wasn`t made known really where this money was coming from and how they came up with that number, except it was in her home and the 10 measly thousand dollars of her personal possessions. So there`s just not a lot out there.
GRACE: I want to go out to a specialist in wills and probate. This is Larry Birkhead`s former probate attorney. Mark Bain is joining us tonight from Davey, Florida. Mark, welcome. Thank you for being with us. I`ve got a problem with this list of assets. And where did the list of assets come from? Who made this up?
MARK BAIN, WILL & PROBATE ATTORNEY: Well, I think what you`re going to see is there`s going to be a very hot spotlight on Howard K. He`s now, you know, filed a petition, and I think been granted his petition to be special administrator. He`s going to be marshaling, no pun intended, the assets into the estate. And I think that what you`re going to be seeing is that there`s going to be a lot of scrutiny on -- as you said, if there`s outstanding millions of dollars that need to be brought into the estate, there`s going to be a lot of focus on him. And there`s going to be a lot of focus on him to start explaining, since he was there at the execution of the will, precisely what she meant by disinheriting everybody.
GRACE: You know, I`ve got a question for you, Mark Bain. Let`s show this phrase of the will, Elizabeth, if we can get to it. Mark, in her will, she specifically said that she was going to disinherit any future spouse and children -- any future spouse and children. This is before the birth of 8-month-old Dannielynn, her only living descendent. So when you put that in black and white in your will, how can Dannielynn then take under the will? Is it true that a birth, a death or a marriage post-will defeats the will?
BAIN: Well, remember, she wasn`t married. So the problem here is that...
GRACE: What does that have to do with anything? It says future children.
BAIN: Well, no, but -- I misunderstood what you said. You said post- marriage? I`m sorry.
GRACE: No, I said, first of all, two questions, out to you, Mark Bain.
BAIN: Sure.
GRACE: Number one, she specifically disinherits future children.
BAIN: Absolutely.
GRACE: This is before the birth of Dannielynn. And number two, the compound question is, Is it true that a birth, a death, or a marriage, divorce, any of those defeat a preexisting will? That`s my question.
BAIN: Oh, I see. No, she -- this will is not defeated by either -- whose death are you referring to, Daniel`s in this case...
GRACE: Yes.
BAIN: ... or her? OK.
GRACE: I`m talking about Daniel`s death and Dannielynn`s birth.
BAIN: Well, certainly, Daniel`s death -- the fact that Daniel predeceased, you know, Anna Nicole, then we go to who`s next to inherit in this case.
GRACE: OK. You know what? I`m going to break this down. Question.
BAIN: Sure.
GRACE: If post-will there is a death of the only heir in the will, does that defeat the will?
BAIN: I see. No, it does not.
GRACE: OK. If there is a birth in the family -- say you leave a will, you die, after your death, your wife has a baby -- does that defeat your will?
BAIN: No. What happens is, in this -- well, technically speaking, what happens is the intestacy statute would kick in. In other words, if there`s nobody else left in your will to take, then you turn to the intestacy statute. It`s as if you didn`t have a will because there`s nobody in your will to inherit.
GRACE: OK. Got it. And what he means by intestate or intestacy statute, when you don`t have a will, everybody, the state takes over your estate. You don`t want that because they charge you an arm and a leg of all your money. People, go on line, write a will. You can have a holographic or handwritten will in most jurisdictions. If you don`t have a will, the state decides who`s going to get your money in your family, and they take a big chunk of your money.
Let`s go to the lines. Out to Edie in Pennsylvania. Hi, Edie.
UNIDENTIFIED FEMALE: Hi. How are you?
GRACE: I`m good, dear. What`s your question?
UNIDENTIFIED FEMALE: I was wondering if Howard K. Stern can file a palimony lawsuit against Anna Nicole`s estate.
GRACE: Oh, Edie, you little minx! That`s a great question. Let`s unleash the rest of the lawyers. In addition to wills and probate expert Mark Bain, joining us tonight, Susan Moss out of New York, Paul Batista and Alan Ripka, all three veteran trial lawyers.
First to you, Susan Moss. Palimony -- haven`t heard that phrase in a long time. Can you file palimony post-death?
SUSAN MOSS, FAMILY LAW ATTORNEY: You haven`t heard that since...
(CROSSTALK)
MOSS: But absolutely, you cannot because Anna is dead. And even if she wasn`t dead, there would have been no action for palimony because neither of them were residents of California at the time of death. So they may not have had jurisdiction to go after palimony.
GRACE: And also, Susan, we`re missing the elephant in the corner of the room. They were still together. She was still supporting him. So why should he file for palimony?
MOSS: That`s right, because the gravy train was still going strong.
GRACE: So let`s see. How would this work? Let`s take Edie`s question, Edie from Pennsylvania. All right, she`s talking about can he get spousal support, even though they were not legally married? They had a little commitment ceremony.
To you, Paul Batista. Is there a way that he can take under the will, even though they were not legally married?
PAUL BATISTA, DEFENSE ATTORNEY: I don`t see how, unless he was specifically left something in the will, Nancy. It`s trust and estates 101.
GRACE: OK. Take a listen to this.
(BEGIN VIDEO CLIP)
UNIDENTIFIED FEMALE: Is it possibly clear who would receive the money should Anna`s estate win that court battle?
UNIDENTIFIED FEMALE: Well, I think that they`re going into probate because they want to settle the whole issue of Anna Nicole Smith`s estate so that they can get to the big battle over the big money, which is the estate of J. Howard Marshall, potentially worth to Anna Nicole Smith`s estate, if she wins, at least half a billion dollars. Until they settle this whole estate business, they can`t go forward to that big battle. And remember, Howard K. Stern is a lawyer in that battle and could make a contingency fee worth several million dollars.
I`m shocked that she had any money, frankly. I expected just a whole boatload of debt. When you`re dealing with drug addiction, it really doesn`t matter how much money you have coming in, it goes through your fingers like sand. You either ingest the money or you make very questionable decisions on how to spend the money when you`re under the influence. Remember, she was in the process of buying a yacht when she died in Florida. And if you look at the money that has been left, it`s $10,000, which is basically just stuff that you have lying around, and the rest is equity in her home. I`m actually shocked that she didn`t just use that to the max.
(END VIDEO CLIP)
GRACE: You know, the will was actually released -- not officially, not publicly -- way back when, when we were all tangling with Judge Seidlin down in Florida. The will snuck out then. But what has just been released is her list of assets. And listen, this lady had more than her home. Where is all her money? It says $10,000 of personal property is all she had.
Out to you, Alan Ripka. Explain the difference of personal and real property. What are they talking about, personal property?
ALAN RIPKA, DEFENSE ATTORNEY: Well, Nancy, you know, personal property has to do with your jewelry, your furnishings, your clothes, all your personal items. And real property is like your home or property you may own. That`s real property.
GRACE: And isn`t it correct that personal property includes furniture, paintings, artwork, electronic devices, jewelry, clothing, cars? Everything that is not real estate is personal property, basically.
RIPKA: That`s correct, Nancy.
GRACE: OK. So I`ve got a big, big problem, Jason Kennedy, that they`re saying all her personal property, everything she owned was $10,000. Something stinks. Now, people are saying the will has just been released. That`s not true. The will has been out for a while. But this list of assets, I just -- I would stake everything I`ve got that there is more to her estate than $10,000, Jason Kennedy. Remember when Cher put all of her clothes on auction, all those beautiful designer gowns? People were dying to dress Anna Nicole Smith!
KENNEDY: And by the time we`ve been talking to this, the past couple minutes, I was thinking of some more things. What about Bobby Trendy, that guy that always seems to be coming to the forefront when we`re talking about Anna Nicole Smith? He`s the very expensive and lavish designer who we met on "The Anna Nicole Show" on E! His pieces of furniture were several hundred, if not thousand dollars. So she was spending money on that. She had that in the home.
GRACE: You know what, Jason? You`re exactly correct, he did lean toward the extravagant taste...
KENNEDY: To say the least.
GRACE: ... Mr. Bobby Trendy, to put it mildly. So remember, on the E! show, she had her whole home redecorated and Trendy did that? It was lavish.
Out to the lines. Lilli in Missouri. Hi, Lilli.
UNIDENTIFIED FEMALE: Hi.
GRACE: What`s your question, dear?
UNIDENTIFIED FEMALE: Well, I had a question as to what happened to Daniel`s money. If I remember right, he was left a trust fund by Mr. Marshall, and assuming whether he did or did not have a will, wouldn`t that have gone to Anna? And now that Anna`s gone, where is his money?
GRACE: And I`m hearing in my ear that Anna left him a trust. Are we absolutely sure, Ellie, that Howard K. Marshall (SIC) did not leave him a trust, as well? I think Lilli may actually be correct.
Back out to you, Tom O`Neil, "In Touch Weekly." We haven`t heard a thing about Daniel`s estate. Where`s all this money? And who made up this list of $10,000?
O`NEIL: That`s a very good question. We can read, by the way, in the will that Howard K. Stern is also the protector of Daniel`s assets here, which is interesting. But going back to the missing assets, Nancy -- remember, there are computers that were missing here, too, that were supposedly her property in the Bahamian house of Horizons. Those are worth a few thousand dollars each. And then what about that other house in the Bahamas that she supposedly had?
In these points that Howard filed yesterday, in this petition, he lists these special authorities, one of which is he wants the right to go after the house and represent Anna Nicole and Horizons. But we get no mention at all of this other house. That`s an asset.
GRACE: Well, and another thing is, I seem to recall them driving around in big, expensive, like, convertibles. And Anna Nicole -- I mean, for all I know, that could have been a stunt for a TV ad or something. But I know they had expensive cars. Look, something is very wrong. And who`s going to get hurt by this is the baby, 8-month-old Dannielynn, the only descendent of Anna Nicole Smith.
Very quickly, I want to ask David Giancola. He is the president of Edgewood Studios joining us from Vermont. David, thank you for being with us. The studio was broken into. What was taken?
DAVID GIANCOLA, PRES., EDGEWOOD STUDIOS: Well, just like Anna`s house in the house in the Bahamas was broken into, our studio was broken into a few weeks ago, just after a large storm we had in the community. And among other things, they stole the laptop containing pictures of Anna Nicole Smith, unreleased -- most of them unreleased. And in fact, many of them were being saved for an exclusive layout for "In Touch" magazine, as well as screenplays and contact information, all of which being very proprietary, especially the pictures. So it was a pretty big deal for us.
GRACE: What else was taken? Do you think the Anna Nicole Smith items were targeted?
GIANCOLA: I don`t know. You know, it seems to be that they -- the robbers just, you know, took the laptop for its value. And it wasn`t until they opened it up it that they discovered what they had found, which was a treasure trove of exclusive photography and content material and contacts.
GRACE: More turns and twists in the Anna Nicole Smith saga. Tonight, you`ve got Birkhead jockeying for a position with the estate, Howard K. Stern jockeying for a position. And we`re trying to find out now what has happened to Virgie Arthur. Is she going to renew her efforts? It`s not over yet. They`ve all got a custody hearing -- that`s right, custody -- back in the Bahamas.
Quickly to tonight`s "Case Alert." Reverend Jerry Falwell dead at 73, Falwell hospitaled after being found unconscious in his office at Liberty University. The cause? Unknown. Falwell did have a history of heart problems. A renowned television evangelist, he founded the conservative Liberty University and served as its president.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
UNIDENTIFIED MALE: There was absolutely no request by Howard Stern to Larry Birkhead about being compensated or making some kind of side deal where he would get money from the estate. That`s just ludicrous. You all can just take a look at the will and tell me what you see. Is Larry Birkhead a beneficiary? Is he named anywhere there? Howard already is the executor named in the will.
(END VIDEO CLIP)
GRACE: That`s right, Anna Nicole Smith`s will is public, as is a list of assets, a very unusual list, citing only $10,000 belonging to this covergirl, this superstar. Very hard to believe.
Back out to you, Jason Kennedy. I notice it mentions nothing about a bank account, a savings account, checking, passbook, retirement, 401(k), trust, nothing. And might you believe she did not have a single banking account?
KENNEDY: That`s one of the main questions. And even during the commercial break -- you might remember at the Hard Rock cafe, where she unfortunately passed away, the Hard Rock Hotel and Casino, they were staying in a very lavish suite. And on the witness stand, Howard K. Stern said specifically he hadn`t worked in some time and he was getting paid by his parents. They were writing him checks to get money. So it wasn`t like he was funding it. And the bank accounts, the checks, all of that stuff remains unanswered. And what was filed yesterday in the Los Angeles court doesn`t give us answers.
(COMMERCIAL BREAK)
(BEGIN VIDEOTAPE)
A.J. HAMMER, "SHOWBIZ TONIGHT": Dannielynn goes home with Daddy. Larry Birkhead leaves the Bahamas to bring his baby home, but what now? The battle over Anna Nicole Smith`s baby and her late husband`s money is far from over.
(END VIDEOTAPE)
GRACE: Man, you`re not kidding. That was A.J. from "SHOWBIZ."
Out to the lines. Jana in Indiana. Hi, Jana.
UNIDENTIFIED FEMALE: Hi. I love you, Nancy.
GRACE: Thank you. Thank you very much for watching. What`s your question, dear?
UNIDENTIFIED FEMALE: My question is, isn`t it a bit unethical for an attorney to be having an affair or anything with the person that he`s supposed to be representing?
GRACE: Out to the lawyers. To you, Alan Ripka. There have been a lot of questions about that. But you know, Howard K. Stern was very open about his relationship. There was a whole fleet of lawyers working on Howard -- on Marshall`s estate. What do you make of that?
RIPKA: Well, obviously...
GRACE: She`s got a point.
RIPKA: Well, obviously, he believed any relationship he did have with her did not cause him a conflict. He felt that he could do his job...
GRACE: Oh, Alan!
RIPKA: ... whatever job he did with her...
GRACE: Alan, wa-wa-wait! Let me see Alan Ripka -- Alan.
RIPKA: Yes?
GRACE: Can I please see Alan Ripka? The speaker, the lawyer -- there he is. All lawyers who break ethical violations think that they`re right, that it`s OK. They also think they`ll never get caught.
RIPKA: That`s not true, Nancy.
GRACE: OK.
RIPKA: That`s just not true.
GRACE: What about it, Susan Moss? I bet you`ve got a different opinion than Alan Ripka.
MOSS: Lawyers may not have sexual or romantic relationships with their clients. It is my understanding that Howard stopped his professional relationship with Anna shortly after their romantic relationship blossomed, and that was the right thing to do and the only thing he could have done.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
BROOKE ANDERSON, CNN HEADLINE NEWS ANCHOR: Is it possibly clear who would receive the money should Anna`s estate win that court battle?
JANE VELEZ-MITCHELL, INVESTIGATIVE REPORTER: Well, I think that they`re going into probate because they want to settle the whole issue of Anna Nicole Smith`s estate so that they can get to the big battle over the big money, which is the estate of J. Howard Marshall, potentially worth, to Anna Nicole Smith`s estate, if she wins, at least half a billion dollars. But until they settle this whole estate business, they can`t go forward to that big battle. And, remember, Howard K. Stern is a lawyer in that battle and could make a contingency fee worth several million dollars.
(END VIDEO CLIP)
GRACE: And speaking of that $475 million estate of J. Howard Marshall, apparently there are secret talks to settle the long-standing dispute over that money. And this guy had interest in oil. It`s a lot bigger than $475 million. Have you looked at the prices at the pump lately?
Straight back out to Tom O`Neil with "InTouch Weekly." We understand two big developments. Number one, the will was already released, but this list of assets that claimed she only had $10,000 of property, complete and total B.S. That`s a big development. And, number two, are there talks to settle the estate of J. Howard Marshall, $500 million?
TOM O`NEIL, "INTOUCH WEEKLY": Nancy, there have been talks going on for the past six months or so, or, no, I shouldn`t say -- Anna Nicole died in February, so those talks have been ongoing.
But here`s where we stand with the actual court case. Remember, in March, the Ninth Circuit said they want mediators to decide this, and they`ve just been waiting for someone to appoint a representative of Anna Nicole, and that`s what Howard sought yesterday with this petition in probate.
GRACE: So to you, Jason Kennedy, with E!, who wants what? What is it that -- Birkhead wants some appointment, Howard K. Stern wants some appointment, and I`m waiting for Virgie Arthur to want something.
JASON KENNEDY, E! ENTERTAINMENT CORRESPONDENT: So far nothing from Virgie Arthur as of now when it pertains to the will, but in 2001, when this will was executed, Howard K. Stern was listed as the executor on there. Larry Birkhead, he also was listed as someone of interest, now, yesterday, when they filed this, as a person of interest, along with Dannielynn and Howard K. Stern, and to getting some of this $700,000 in her assets, and that Howard`s attorneys also made it clear yesterday they want him to be called the estate administrator, because he wants to, quote, "preserve the assets."
GRACE: OK, wait a minute. Stern wants to be estate administrator, estate administrator?
KENNEDY: Yes.
GRACE: All right. What is it that Birkhead wants to be?
KENNEDY: And Birkhead basically was just listed. We haven`t heard from his attorneys as of right now. This is all coming from Howard K. Stern and his people, but there are three people interested in this will, Howard K. Stern, Larry Birkhead and Dannielynn. So far, we know he has interest in this, but we have not heard specifically from him.
GRACE: Wait, wait, wait, you said three people want to be estate administer, Stern, Birkhead and Dannielynn. How can Dannielynn want to be the administrator?
KENNEDY: No, three people have interest in Anna Nicole Smith`s will right now.
(CROSSTALK)
GRACE: OK, let me rephrase the question. What title does Birkhead want?
KENNEDY: That is unclear at this time because his people are not speaking. His attorneys are not releasing comment right now. It`s just coming from Howard K. Stern, and we just know what Howard wants right now, nothing from Larry.
GRACE: Out to the lines, Debbie in Virginia. Hi, Debbie.
CALLER: Hi, Nancy.
GRACE: What`s your question, dear?
CALLER: Well, you know, I remember when Anna Nicole married Howard Marshall. Didn`t she take a trip to New York and buy several million dollars worth of jewelry in one day? Where`s the jewelry?
GRACE: Where is the jewelry, Jason Kennedy?
KENNEDY: That`s the million-dollar question that we`re still trying to figure out.
GRACE: Yes, you`re right, it is about a million dollars.
KENNEDY: And, unfortunately, again, going back to what we`ve been talking about, when this was filed, when the petition was filed yesterday, when the will was filed yesterday in Los Angeles, Howard K. Stern did not provide anybody with that information. He said a measly $10,000 is her personal property and gave a little information on how they came up with that $700,000 and went back to her Studio City home.
GRACE: Something stinks. Let`s go out to the lawyers, Mark Bain, Susan Moss, Paul Batista, Alan Ripka.
To you, Mark Bain, I dug through my notes, and I found what it is. Birkhead allegedly wants to be the guardian of the estate, guardian of the estate. And we`ve got Stern wanting to be the estate administrator. I thought there was just an executor. What are these other two titles? What do they mean, Mr. Bain?
MARK BAIN, WILL AND PROBATE ATTORNEY: Well, I think that Mr. Stern is wanting to be -- I think he was appointed special administrator, meaning that he`s trying to, again, bring any outstanding assets back into the estate. He`s also, obviously, personal representative and executor, which is a different title.
GRACE: OK. And what is the guardian of the estate? What would that be?
BAIN: Well, guardian would be guardian, in this case, for Dannielynn. And just as in the court proceeding here in Florida, where there was a guardian ad litem appointed...
GRACE: And is it possible, Mark Bain, to do an incomplete filing? If Stern is responsible for this list of assets I`ve got it right here in my hand, listing only $10,000 worth of assets of Anna Nicole Smith`s -- it`s complete B.S. -- that doesn`t necessarily mean wrongdoing. Is it possible to do an addendum of assets? Is that normal?
BAIN: Well, absolutely. I mean, in any estate, as you go along, you can be finding assets down the road. And, certainly, if there are other assets there, he`s going to have to do that.
GRACE: Another question. We know that a custody hearing is about to go down back in the Bahamas, very, very unusual, everybody. We know that Larry Birkhead is the natural biological father, but that was temporary custody he got. The Bahamas wants another hearing, I believe on June the 8th.
What can you tell me about that, Tom O`Neil?
O`NEIL: This is Virgie`s battle here. She`s trying to prove that there`s such a thing as grandma`s rights. And so we`re about to find out. We keep hearing that the grandparents do seem to -- that this is a matriarchal society that does seem to give some special attention to grandmothers. We`re about to find out if that`s true or not.
GRACE: In the midst of all of this drama swirling about this list of assets, her seemingly lost money, her lost personal property, jewelry, dresses, cars, where is it all, now a custody hearing is looming again in the Bahamas. On top of it all, her photos, videos of her stolen from studios of Edgewood Studios.
Back to David Giancola. David, when did you first realize that the items stolen contained unreleased and private photos of Anna Nicole Smith?
DAVID GIANCOLA, EDGEWOOD STUDIOS: We knew immediately that it had photography from the set of "Illegal Aliens," along with, you know, again, proprietary promotional materials and things like that. And we knew right away.
GRACE: To Pat Brown, criminal profiler, what do you make of these new items stolen from this Vermont studio? First, similar items were stolen from her home in the Bahamas. Now this.
PAT BROWN, CRIMINAL PROFILER: Well, I do think, Nancy, those are just some kids out there, because they were all teenagers.
But I do want to say something about Howard Stern. He`s an opportunistic parasite. And I`m wondering, why is nobody questioning how much he siphoned off of Anna Nicole during all that time with her? After all, half the time, she`s out of it, and he`s feeding her drugs. God knows what he told her or where to put that money, perhaps in his own bank account someplace out there. So I`d be looking real strongly at Howard to see what he did with all her stuff.
GRACE: And I`m just wondering, Pat Brown, you just said many criminal investigations, will there be a court-ordered accounting for all of her monies?
BROWN: Well, I sure hope there would be, because, like you say, it`s gone into this big black hole. And it doesn`t make a whole lot of sense. I mean, $10,000 is ridiculous.
GRACE: Ridiculous. Ridiculous.
BROWN: So he should have to account for all that time he`s with her, where is it? I`d be looking at him very carefully. I hope they do check it out, because something`s fishy.
GRACE: Out to the lines, Sophia in Rhode Island. Hi, Sophia.
CALLER: Hi, Nancy, how are you?
GRACE: I`m good, dear. What`s your question?
CALLER: My question is, is her Bahamian assets included in that list?
GRACE: We don`t know yet. And we have had sources tell us that there is going to be another list from the Bahamas of all of her assets. But if you take a look in those videos of her Bahaman home, there was very, very few furnishings. There wasn`t that much there. Most of her stuff seemed to be back in California.
To Leslie Austin, what is going to happen to the baby girl? No one seems to be concerned about her.
LESLIE AUSTIN, PSYCHOTHERAPIST: I really feel for this little baby, because she`s in a big mess, and she`s going to find out about all this when she grows up. I really think Larry Birkhead is the father, should be the custodian. He should be administering her estate. He has her interests at heart, and he`s probably the least one after the money in this case. I wonder what`s offshore in terms of bank accounts that we`ll never find out about, also.
GRACE: Very quickly, everyone, to tonight`s "Case Alert."
An 11-year-old girl turns crime fighter. The fast-thinking Brooklyn girl escapes a stranger who tried to kidnap her in broad daylight. The little girl walking home with a Mother`s Day gift. Xochil Garcia, just 4`5", wrestled out of her 6`2" attacker`s arms, getting the attention of residents by crying and screaming out to them. The attacker behind bars tonight on $75,000 bond.
When we come back, the brutal beating of a 91-year-old World War II veteran, and it`s caught on tape.
(COMMERCIAL BREAK)
(BEGIN VIDEO CLIP)
ROSE MORAT, ATTACKED BY MUGGER: I`m 101 years old. How are you going to run after a mugger?
UNIDENTIFIED FEMALE: Rose Morat`s face is battered and bruised after a violent struggle with a mugger in the lobby of her Queens apartment building. The assault was caught on videotape in disturbing detail.
You can see Rose on her way to church with the help of a walker. The young man she thought was opening the door turns on her, punching her repeatedly before taking her purse and rummaging through her pockets. Bleeding profusely, the century-old woman musters the strength to try to get her purse back, and that`s when this thief knocks her and her walker to the ground.
UNIDENTIFIED MALE: Ninety-one-year-old Leonard Sims reacts to seeing the man who hit him, pounded him in the face, over and over again, finally brought to justice. The arraignment of his suspected attacker beamed into Sims` living room. Twenty-two-year-old Deontae Bradley, formally charged with felony carjacking and assault for the brutal and vicious beating of Sims in the middle of a public carjacking caught on tape.
(END VIDEO CLIP)
GRACE: Apparently, Deontae Edward Bradley, age 22, didn`t catch that story about the 101-year-old woman being mugged by a thug, all caught on tape. Deontae Bradley, 21 forcible blows to the head of a 91-year-old World War II veteran. And look at all these people. They`re just standing around, standing around watching it happen. What I want to know tonight is why he`s not charged with attempted murder.
Out to a reporter with the "Detroit Free Press," Ben Schmitt. What happened, Ben?
BEN SCHMITT, REPORTER, "DETROIT FREE PRESS": Good evening. Well, what happened was Mr. Sims was going to the store to check on some lottery winnings, and a man approached him, asked him for a light. And the next thing he knew, the guy was punching him, grabbing at his car keys.
Mr. Sims was pinned between his car and another car. He couldn`t fall down. And the man, Mr. Bradley, kept punching him, finally got his keys, and drove away. And as you`ve seen in the video, a group of people stood around and did nothing to help.
GRACE: Mr. Schmitt, tell me about his war record, this 91-year-old that lived through World War II.
SCHMITT: Yes, I believe he served in the South Pacific for the Army during World War II.
GRACE: How did this guy get apprehended?
SCHMITT: Well, from what I`ve been told, well, of course, there was the video, and I was told some tips came in. Mr. Sims also told me that he did get a hold of the man`s glasses and that some fingerprints off the glasses might have helped. He was able to turn those in, but I think mainly it was tips that came in that led to the arrest of the guy.
GRACE: Joining us tonight, Ella Bully-Cummings, the chief of the Detroit Police Department. It`s a real pleasure to have you with us, Chief. What do you think about this guy? Is there a possible attempted murder charge here?
ELLA BULLY-CUMMINGS, CHIEF, DETROIT POLICE DEPARTMENT: You know, he was charged with three counts, and one of the charges was assault to commit great bodily harm less than murder, carjacking, and elder abuse. I`m glad he`s in custody. The officers from the Detroit Police Department did a tremendous job in immediately going out and locating him.
What Ben was talking about is, as soon as the video aired, immediately thereafter, we received one tip, and that`s where we moved out and fanned across the city and outside of the city to locate Mr. Bradley. But the tip that came in identified the girlfriend. And from that, we were able to pull together the information to take Mr. Bradley into custody.
GRACE: This guy is 91 years old. And I can`t help but think of my own father, who is also a veteran, taking a beating like this guy -- there he is in a public parking lot. And when the camera comes back, you`ll see there`s plenty of people standing around, doing absolutely nothing.
Another question to you, Chief -- with us, a special guest, Chief Ella Bully-Cummings with the Detroit Police Department -- do you ever just get sick? This guy is a dope pusher. He has two convictions for possession, intent to distribute. He`s 22, back out on the street, preying on the elderly.
BULLY-CUMMINGS: You know, he does have a record, and that`s one of the issues that we have to deal with and address, as more prisoners are being released back into society. We have to make sure that we have the resources available to make sure that, when they are introduced back into society, that they have services available to them.
You know, I can`t speak about why Mr. Bradley did what he did. What I think is most heart-wrenching for me, in addition to the brutal pummeling, are the bystanders, and...
GRACE: Chief, I agree with you. And I`ve got to tell you something, Chief, I respect your job and what you`re doing. You really had your work cut out for you. It`s a miracle this World War II veteran lived.
Very quickly, tonight, "CNN Heroes."
(BEGIN VIDEO CLIP)
ORAL LEE BROWN, "CHAMPIONING CHILDREN": These are our kids. We should at least take them to a position in their life that they can lead their way. And they can`t do it without an education.
An education can get you everything you want. You can go wherever you want to go. It`s the way out of the ghettos, bottom line.
YOLANDA PEEK, FORMER SCHOOL PRINCIPAL: She says, "Give me your first graders who are really struggling and who are most needy. I want to adopt the class, and I want to follow the class until they graduate from high school." And she says that she was going to pay their college tuitions.
BROWN: How many are going to college?
At the time I was making, I think, $45,000 to $46,000 a year. So I committed 10,000 hours to the kids. I grew up in Mississippi. I lived off of two dollars a day. That`s what we got, two dollars for picking cotton. And so I really feel that I was blessed from God. And so I cannot pay him back, but these kids are his kids. These kids, some of them are poor like I was.
UNIDENTIFIED FEMALE: When you have that mentor like Miss Brown, a very strong person, you can`t go wrong, because she`s on you constantly every day, "What are you doing? How are you doing?
BROWN: The world doubted us. I was told that, "Lady, you cannot do it." And I would say, "You know what? These kids are just like any other kids. The only thing that they don`t know have is the love and they don`t have the support."
UNIDENTIFIED FEMALE: They called me yesterday and told me that I was accepted.
BROWN: Good for you!
You`re looking at doctors and lawyers and one president of the United States. When you give a kid an education, and they get it up here, nobody or nothing can take it away.
(END VIDEO CLIP)
(COMMERCIAL BREAK)
GRACE: Welcome back, everybody.
A 91-year-old World War veteran survives a vicious attack, and he is with us now, 91-year-old Leonard Sims is joining us. Mr. Sims, how do you feel tonight? Mr. Sims, are you with me? How do you feel, sir?
LEONARD SIMS, SURVIVED ATTACKER: Yes, yes, pardon?
GRACE: How do you feel?
SIMS: I feel better.
GRACE: Did you think you would live through this attack?
SIMS: Pardon?
GRACE: Did you think you would live through this thing? OK, with us is Mr. Sims, World War II veteran. You can see him there in this video, a miracle that he survived that attack. We`re going to try that again tomorrow night with Leonard Sims.
Very quickly, though, let`s remember Army Staff Sergeant Vincenzo Romeo, just 23, Lodi, New Jersey. Known as Enzo to his friends, he is remembered for bringing joy and laughter to everyone, planning to marry Amanda when he got home from Iraq. Enzo awarded the National Defense Service medal and the Global War on Terrorism medal, he`s survived by grieving parents, Severina and Antonio, two brothers, Bruno, Carmelo. Vincenzo Romeo, American hero.
Thank you to our guests for being with us, especially to you, for being with us, inviting us into your home. See you tomorrow night, 8:00 sharp Eastern. And until then, good night, friend.
END
