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Nancy Grace

Zsa Zsa`s Husband Disputes Paternity Claims for Anna Nicole`s Baby

Aired February 09, 2007 - 20:00   ET


NANCY GRACE, HOST: Breaking news tonight, autopsy in the death of 39- year-old covergirl Anna Nicole Smith complete. It took a team of doctors six long hours to complete the procedure. Tonight, the chief medical examiner performing Anna`s autopsy is with us. And tonight, the covergirl`s mom jets to the Bahamas to find her granddaughter, 5-month-old Dannielynn set to inherit estimated $475 million, all still tangled in litigation.
And just hours ago, a California judge kicks out a paternity demand filed by one of Smith`s former loves. He claims he`s the baby`s biological dad. But listen, more men coming out of the woodwork tonight, all claiming they`re the baby`s daddy. And tonight, still no sign of Anna`s husband/lawyer, Howard K. Stern still in seclusion.

And listen, all of this in only 24 hours since the celeb was found unresponsive in a Florida hotel room. DNA paternity fight, bankruptcy, eviction, ongoing battle over her late husband`s will -- was it all just too much for the superstar? And tonight, suspicions swirling. Police say the investigation into the death of Anna Nicole Smith goes on.


UNIDENTIFIED MALE: The attendants of Mrs. Nicole Smith found her collapsed and unconscious. Medics came to the scene, and the body was transferred to the hospital. At the hospital, unfortunately, the patient was virtually dead on arrival.

Only thing which we found in terms of very minor trauma was minor bruise on the back, which was related apparently to a fall reported to have occurred several days ago. The autopsy revealed only Subtle findings in the heart and in the gastrointestinal system. The other finding we found was a small amount of blood in the stomach, which is related to her being in terminal shock a short time before she died.

There are three major possibilities. One is that the death is due solely to natural causes. The other possibility is that the death might be due to some medication or chemicals. And the third possibility is that there`s a combination of natural causes and medication.

VIRGIE ARTHUR, ANNA NICOLE`S MOTHER: Vickie Lynn, you know I love you. Always have. And be very careful about who you hang around with because you may be next.

PRINCE FREDERICK VON ANHALT, CLAIMS HE COULD HAVE FATHERED ANNA NICOLE`S BABY: When I heard she died, you know, the first thing was, you know, what lots of people talked about it on the media and talked overdose, things like that. My first thought was completely different. My first thought, They (INAUDIBLE) They killed that poor child.


GRACE: Good evening, everybody. I`m Nancy Grace. I want to thank you for being with us tonight. With suspicions swirling, the question is on many minds, What was the cause of death for Anna Nicole Smith? The investigation, according to police, still goes on. Tonight with us from Florida, a very special guest, the chief medical examiner there in Broward County who performed the autopsy on the covergirl, Dr. Joshua Perper, a renowned forensic pathologist. Doctor, thank you for being with us.


GRACE: Sir, how long did it take to perform the autopsy on Anna Nicole Smith?

PERPER: Well, you have to understand that the autopsy includes a variety of procedures, including sample of tissues. And it took us approximately six hours from the start to end (INAUDIBLE) an extensive and thorough examination.

GRACE: OK, Dr. Perper, I`m having a hard time hearing you. In the meantime, take a listen to this.


UNIDENTIFIED MALE: There are three major possibilities. One is the death is due solely to natural causes. The other possibility is that the death might be due to some medication or chemicals. And the third possibility is that there`s a combination of natural causes and medication. And at this time, we do not have the results of the tests which would permit us to make this determination.

When somebody takes a large amount of pills and dies as a result of it, usually found some of the pills still in the stomach. We did not see any intact pills in the stomach. We saw only a small amount of blood, which we believe is due to terminal shock.


GRACE: Back out to the medical examiner, the chief medical examiner that performed the autopsy on Anna Nicole Smith, Dr. Joshua Perper joining us in front of the medical examiner`s office. Doctor, I heard you state that it took six hours. What did it take so long? And who was involved in the autopsy? Who was with you?

PERPER: Well, we had another associate medical examiner who worked with me, Dr. Just (ph). And another couple of physicians also assisted us in making sure that all the samplings were done (INAUDIBLE) according to the requirements. And we always make sure that we take the proper tissue for sampling, and it requires very careful attention to what is called chain of custody, so the results can later on stand in court.

GRACE: Dr. Perper, I know that you have stated already that there were no pills found in her stomach. Why does that not rule out an overdose?

PERPER: No, it doesn`t rule out an overdose. The question which was addressed to was whether there was an excessive amount of pills taken. Now, if there`s an excessive amount of pills taken, it means more than required to cause death. And therefore, a number of pills which be present after the death of the individual in the stomach. But it doesn`t -- it doesn`t exclude the possibility that drugs or medication contributed (INAUDIBLE) the death. And that we are going to make this determination once we have the results of the tests.

GRACE: Dr. Perper, does the medical examiner himself or herself actually interview witnesses?

PERPER: Yes. This is one of the procedures, a year ago when I was in Pittsburgh, I did on a regular basis. And I still do that in Florida, where I am for about 13 years, in cases which are particularly difficult or high-profile cases like this one, or cases in which the medical information of people who were actually witness to the death is very important.

GRACE: Do you plan to conduct interviews yourself?

PERPER: Absolutely. I know that there were somewhere between three and six people who traveled together with Mrs. Smith, and including a nurse. And therefore, I am very interested in interviewing them. And I`m also going to review all the medical records to make sure that I really have a good grasp of what her medical condition was.

In addition to that, you have to understand that this is a rather complicated puzzle in which a variety of elements, including my findings at the autopsy and additional tests, the microscopic examination, and various toxicological and viral studies have to be put all together to get really a comprehensive picture and an understanding of the cause and manner of death.

GRACE: With us is Dr. Joshua Perper. He`s the chief medical examiner there in Broward County. He`s a renowned forensic pathologist. Dr. Perper is joining us tonight outside the medical examiner`s office.

Dr. Perper, there have been reports, not from your office but elsewhere, that Anna Nicole Smith actually choked on her own vomit. Is that true?

PERPER: No, it`s not true, and I`m able to refute this kind of rumor. And the reason is that when somebody chokes on their own vomit, when happens is that the stomach content which is vomited, instead of being propelled out of the mouth, to the outside, reaches the airway and interferes with breathing. And in such cases, we have the capability of finding presence food in the airways. And in this particular case, there were none. And there was no indication, according to our information, that anybody removed such food from the airway of the patient.

GRACE: So that rumor is absolutely false. Thank you, Dr. Perper, for clearing that up. Dr. Perper, were there needle marks on her body that would have suggested she had injected narcotics?

PERPER: No. One of the findings in an individual (INAUDIBLE) chronic intravenous addiction, which mean they inject themselves drugs, is they develop line of scarring due to repeated injection in their arms, their extremities or somewhere elsewhere in the bodies, and there were no such marks on the body.

Incidentally, we usually don`t release preliminary observation. And the reason why we did in this case is because of the large public interest. And we wanted if not to eliminate at least to reduce the kind of unreasonable and false rumors which are bound to fly.

GRACE: Dr. Perper, I agree with your policy completely. And in this case, I`m glad to put rumors to rest in a situation that`s already very, very painful to the family of Anna Nicole Smith. One day, her little girl, Dannielynn, is going to grow up and she`s going to read all these transcripts and she`s going to view everything that surrounded the death of her mother. So I`m very grateful to you for stopping the rumors about the death of this lady.

There are also rumors and suggestions that Anna Nicole Smith may have been pregnant at the time of her death. Is that true?

PERPER: No. There was no evidence of pregnancy visible to the naked eye, and we took a sampling from the area of the womb, from the area of the uterus, which would also verify that, indeed, she was not pregnant.

GRACE: Very quickly...

PERPER: As a matter of fact -- incidentally, one of the reason why we did that, as you correctly mention, is that we know that this can cause -- a rumor can cause a great deal of emotional harm and sometimes even more than that to a family. And that`s the reason why we wanted to make sure that the public is aware of the findings and is aware of the procedure which are going to help us in the ultimate resolution of this case.

GRACE: We`ll be right back with this renowned pathologist, Dr. Joshua Perper, who performed the autopsy, along with a team, on Anna Nicole Smith.

Right now, joining us is a special guest. You know him well, Prince Frederick von Anhalt. He is the husband of star Zsa Zsa Gabor. He has made claims that he fathered Dannielynn, that he is the biological father of the 5-month-old baby girl.

Prince von Anhalt, thank you for being with us.


GRACE: Prince von Anhalt, question. You have stated...

VON ANHALT: Just make it easier. Just call me Frederick, OK?

GRACE: OH, thank you. Thank you.


GRACE: I will certainly do that, Frederick. You have claimed that you are, in fact, the father of 5-month-old Dannielynn. Is that true?

VON ANHALT: Well, I didn`t claim. I only said, you know, there is a court ruling now and two guys claim they are the father, and I don`t think it`s true. I know who is the father, and I don`t -- I don`t believe that one of the two is the father. That`s for sure. They could be -- right now, there could be 20 guys who claim to be the father of the child. But I never claimed I am the father of the child. I said I could be one of those.

GRACE: Well, if you know who the father is, who is he?

VON ANHALT: Well, I know who the father is, but there is a court case going on now and I would like to stay out of it. If the court ruling goes in the right direction -- that means if it doesn`t go to Larry Birkhead or to Howard Stern -- then I stay out of it. If it goes to Howard Stern or the other side, then I jump in. I will tell a couple of things, and then there will be a new investigation and there will be a complete different picture out there.

GRACE: With us is Prince Frederick von Anhalt. He is the husband of Zsa Zsa Gabor and has, in fact, made claims that he is the father, the biological father of 5-month-old Dannielynn. That is the daughter of Anna Nicole Smith.

Frederick, there are numerous reports, including to the AP, where you do state you are the biological father. Did you have an affair with Anna Nicole Smith?

VON ANHALT: Well, we know each other and became very close. You know, I`m married. I have a wife. I love my wife. I don`t want to upset my wife. So this is a new situation, and I don`t know how to behave in this situation, I have to tell you the truth. I would like not to comment on the whole thing, if I had an affair or not.

GRACE: Well...

VON ANHALT: You know, I tell you what. I told my wife years ago, you know, when I used to go to Germany very often, and told my wife years ago when I came back from Germany, said, Did you have an affair with somebody in Germany? I said, Look, if you ask me a question like that, I lie anyhow, so don`t ask me the question. So that`s today the same thing. I really don`t like to answer this question...


VON ANHALT: ... because there are so many things going on, and I want to wait for the court ruling. If everything goes right, if the child goes in the right direction, if somebody takes care of it, if it is not Stern or Larry, then I`ll be OK with it. Then I`ll stay out of it completely. But if it is, if the judge rules in favor of those two guys, then I jump in and I will tell them, Look...

GRACE: Well, Frederick, I`m very, very confused because I have in my hand the AP wire where you do state that you may be the father. My question tonight is, Why, at this juncture in time, have you come forward to claim that you`re the father, at the death of Anna Nicole Smith? Do you want to help raise the child? And if so, why haven`t you come forward before?

VON ANHALT: No. No. There was no need to come forward before because she died yesterday. And I tell you the truth. I don`t believe what happened. I don`t believe she took an overdose. I don`t believe it`s a natural death. The first thing, when I saw it on television, you know -- because we talked so long and I know her since 10 years -- and when I heard it on television, I was frozen. I was shocked.

GRACE: Well, I guess...

VON ANHALT: The first thing came to my mind...

GRACE: That`s really not my question. My question is...

VON ANHALT: Right, but...


GRACE: ... if you are the father, don`t you want the child, if it`s your biological child?

VON ANHALT: No, no. No, you are wrong. You`re asking -- your question was, Why didn`t you come out before? Why do you come out now? I come out now because she died. If she would be still alive, we wouldn`t talk about it now, not tomorrow or in a couple of years. Everything would go on. But now she`s dead and...

GRACE: But you don`t want your baby?

VON ANHALT: ... two guys claim...

GRACE: If it is your baby, you don`t want any part in raising the baby?

VON ANHALT: Well, if I -- well, ma`am, I made a mistake. I`m happily married. I love my wife. And especially, my wife had an accident. She`s in a wheelchair since the last four years. I have to take care of my wife. I don`t want a scandal like this. This is why I didn`t want to talk about it. And if the girl -- yes, I would like to know that somebody takes good care of the girl and I want to know where the girl is. But unfortunately, I cannot raise her.



UNIDENTIFIED MALE: The autopsy was able to exclude any kind of physical injury such as blunt force trauma, gunshot wound, stab wounds or asphyxia as a cause of death.

UNIDENTIFIED MALE: We found no illegal drugs, only prescription medicines.


GRACE: Welcome back. Tonight, with us two gentlemen that will be forever linked to Anna Nicole Smith, dead yesterday at age 39. First of all, renowned pathologist, Dr. Joshua Perper, the chief medical examiner in Broward County, who performed the autopsy. Also with us, Prince Frederick von Anhalt, who has claimed he is the biological dad of Anna Nicole`s Smith baby girl, 5 months old.

Back to you, Prince von Anhalt. Did you ever give monetary support, money, to Dannielynn, the baby girl? Frederick, did you ever give financial support to Dannielynn?

VON ANHALT: No. No, I didn`t. No, I didn`t. There was no need for it.

GRACE: Well, if you believe she`s your daughter, I would think that you would want to support her.

VON ANHALT: There was no need to -- there was no need for it. I would support -- I support somebody. I support the homeless on the street. But there was no need for it because Nicole had enough money. She had enough money to raise the girl, to support her. Everything was enough. I didn`t have to jump into that.


VON ANHALT: And first of all, it should -- it was a secret. It shouldn`t come on the open, but now it`s on the open, you know? We didn`t want to talk about it. Unfortunately, she died and now we talk about it.

GRACE: My question is...

VON ANHALT: We would...

GRACE: ... What is the point of coming out at this juncture and saying, I slept with Anna Nicole Smith? She`s dead, about to be buried. What is the point...

VON ANHALT: Did you -- did you -- did you ever hear that I said I slept with Anna Nicole Smith? I think you didn`t hear that. The second thing is, those two guys, Larry and Howard, they two lie. They are not the father of this child. And that`s the truth.



UNIDENTIFIED MALE: Anna was in the bathroom. She slipped. She fell. They heard something. They went to her, and she was in her tub with no water, nothing else. And they had asked her if she had fallen. And she seemed a little bit out of it, but they checked her for any bruising or contusions or swelling, and there was nothing. She got out of the tub. She had a nice meal. Everything was fine. Then went to bed. After taking a nap, I believe, she never came to and never woke up.


GRACE: Welcome back. Tonight also with us, Dr. Joshua Perper, the medical examiner who performed the autopsy on Anna Nicole Smith. And also joining us tonight, a very special guest, Howard K. Stern`s lawyer is with us. Stern is still in seclusion following the death of Anna Nicole Smith. James Neavitt will be joining us.

Back out to you, Dr. Joshua Perper, the chief medical examiner there in Broward. I would like to know -- I know that you`re going to keep Anna Nicole Smith`s body for a period of time. How is her body protected? How is there a way to keep paparazzi and the photographers from getting in and taking shots of her?

PERPER: Well, this was one of our concern. By the way, the Florida statute forbids under severe penalties of law for disclosing picture or images of bodies which are subjected to autopsies. And therefore, this was one of our concern, and we wanted to make sure that nobody really exploits images or photographs of the deceased. And therefore, we had our associate medical examiner and the transportation service go together and bring the body to the medical examiner. The medical examiner office was then...



UNIDENTIFIED MALE: There was an emergency application by Mr. Birkhead. The notice that I was given was for emergency extraction of DNA from Anna Nicole, from her remains, basically within 24 to 40 -- not even 48 -- 24 to 40 hours. That application was denied. It is not going to happen.


GRACE: Welcome back. It`s only been 24 hours since the death of cover girl Anna Nicole Smith, and already multiple men are claiming they`re the father of her baby girl, who is said to inherit an estimated $475 million.

You got Zsa Zsa Gabor`s husband, the prince. You have the photographer, Larry Birkhead. He`s trying to file an emergency hearing in court today. That got kicked out. And you have her husband/lawyer, Howard K. Stern, her longtime companion.

Now we hear a reports a trainer somewhere, personal trainer claim he`s the baby`s daddy. Well, as you can see, all of this in just 24 hours since the star`s death. And more is to come. With me, in addition to our panel tonight, Dr. Joshua Perper, the medical examiner there in Broward County. And Howard K. Stern`s lawyer, James Neavitt.

Mr. Neavitt, Dr. Perper, thank you for being with us. To us, lawyer James Neavitt, where is Howard K. Stern tonight?

JAMES NEAVITT, HOWARD K. STERN`S ATTORNEY: As far as I know, he`s in Florida.

GRACE: Where is the baby, Dannielynn?

NEAVITT: As far as I know, she`s in the Bahamas.

GRACE: Now, there are rumors swirling that she is also in Florida, the baby, and that is why the nurse was present. Is that true?

NEAVITT: Well, look at all the rumors you dispelled already tonight.

GRACE: You`re right about that.

NEAVITT: Just keep -- I`ve learned more in 18 minutes of watching you dispel rumors than I can do all day long.

GRACE: So does that mean the baby is not in Florida?

NEAVITT: You know, I can`t comment where the baby is. It is a security issue, as you can imagine right now, with all these people coming out. You`ve heard all the rumors. What would you do?

GRACE: Well, my concern is, if she is -- Dannielynn, the baby, is, in fact, in Florida, she`s on U.S. soil, and that could require her to submit to the DNA testing.

NEAVITT: Well, right now, the order for DNA testing isn`t an order that is in effect to be executed today, or tomorrow, or any time before the 21st of February. And even at that point, there`s the question of the whole jurisdiction of this case, which, of course, is going to now decide on the 20th of February.

GRACE: Right. You`ve got the Bahamas; you`ve got California.

NEAVITT: The courts already said that the case needs to be in the Bahamas.

GRACE: What is the Bahaman law regarding the paternity issue? If the father`s name is written to birth certificate, does that make him the daddy?

NEAVITT: My client`s the presumed father. But you know, as well as I do, presumption can be rebutted, and there`s a way to rebut it, just like you do in California. And all Mr. Birkhead has to do is get on a plane and, you know, go to Bahamas. Go to paradise and deal with it. We`ve been -- the court told him that months ago.

GRACE: Speaking of DNA testing, paternity testing, very quickly, back to Joshua Perper. He`s had an extremely long day, the autopsy itself taking over six hours, with an entire team. Dr. Perper, again, thank you for being with us. A lot of us criminal lawyers have admired you for many, many years.

Dr. Perper, again, I just want to ask you, because I was not clear on your answer, regarding the security, for instance, typically, autopsy photos are taken. Were autopsy photos taken in the Anna Nicole Smith autopsy?

PERPER: As part and parcel of the autopsy procedure, photographs of the body, of the tissue, and of the injuries are taken in order to document findings. Those photographs are under lock and key, and they are released only if there`s a court order or to the close family, which has the legal right to do so.

And let me just mention, incidentally, because there was this question of, who is the true father, that this is not going to be a problem, because during the autopsy, we took samples which are going to permit to -- are going to help in any type of determination of the identity of the child from the end of the mother.

And there are going to be additional testing of the child and of the individual who claimed that they are the father. So that`s going to be an issue which is going to be very easily resolved from a biological point of view. But, obviously, the legal matters are more complicated.

GRACE: And many viewers have been calling in and e-mailing in. Why do you need Anna Nicole Smith`s tissue for the baby`s DNA? And the theory behind that is you don`t want to bait and switch in court, in other words, for some other child`s DNA to be provided, you want to be able to check Dannielynn`s DNA against Anna Nicole Smith`s DNA to make sure you`re getting the real baby`s oral swab. That`s what that`s all about. Let me clear that up.

And very quickly, Dr. Perper, before you leave us, where is her body now? Is it there in the medical examiner`s office?

PERPER: Yes. The body is in the medical examiner`s office. And because we had concern of the safety of the body, the one which you mentioned, we asked Sheriff Jenne, which is the sheriff of Broward County, to help us and provide sheriff`s protection, deputy sheriff`s protection. And he was very kind and very cooperative. And we have a number of sheriff`s deputies who are actually protect both the front and back of the office.

GRACE: Dr. Perper, very, very wise decision. Dr. Joshua Perper joining us outside the ME`s office. Thank you.

Now, let`s open up the lines and go to the panel. Straight out to the lines. Who do I have, Liz? George in Canada. Hi, George.

CALLER: Hello.

GRACE: What`s your question, dear?

CALLER: I just have a question. Why didn`t Anna Nicole take her child with her to the motel?

GRACE: That`s a very good question. And we have with us Howard K. Stern`s lawyer, James Neavitt. Why did they choose to leave the baby behind?

NEAVITT: The baby was left in the Bahamas, you know, for many reasons. Security reasons is one.

GRACE: Well, and it`s also my understanding they were having a vacation and they have left her with a trusted family friend to baby sit her. That`s my understanding. And, P.S., Neavitt, you did just tell us that she is in the Bahamas.

NEAVITT: That`s correct.

GRACE: You let it slip, Neavitt. It slipped.


GRACE: It slipped. You let it slip. The baby is in the Bahamas.

NEAVITT: No. We`ve been saying that. We told people that all day today.

GRACE: Speaking of the Bahamas, it`s my understanding that Anna Nicole Smith`s mom, Virgie Arthur, is now in the Bahamas speaking to police, that she wants to see the baby. What is your and your client`s reaction to that?

NEAVITT: I have not heard that at all.

GRACE: Now that you`re hearing it, what is your reaction?

NEAVITT: You know, there`s security issues in regards to the child. You know, my client is the father. He`s taking care of his daughter. He will be responsible for those decisions. And I`m not in that position to be telling them, you know, how to father his child and who should be involved in having contact with her. That`s something -- he`s going to make that determination, not me.

GRACE: Mr. Neavitt, where was Howard Stern at the time Anna passed away?

NEAVITT: I don`t know the answer to that. Ron would know that better than me.

GRACE: OK. And how is your client, Howard Stern, tonight?

NEAVITT: Well, the last contact, what I`ve heard -- I was in a court proceeding most of the day. But, you know, he`s just as distraught. And we`re concerned for him. His family has come to him, because of, you know, the emotional stress, and the concern, and, you know, the emotional condition is not good. And, you know, I -- when we first talked to him, you couldn`t even talk to him.

GRACE: With us tonight, the attorney for Howard K. Stern, Anna Nicole Smith`s husband/longtime lawyer.

As we go to break, it`s all about Trial 101, posthumous legal action. The parties have passed away, but, believe me, the fight for that $475 million will go on in the form of their estates. Stay with us.




PERPER: There are three major possibilities. One is that the death is due solely to natural causes. The other possibility is that the death might be due to some medication or chemicals. And the third possibility is that there`s a combination of natural causes and medication. And at this time, we do not have the results of the tests which would permit us to make this determination.


GRACE: Today, the autopsy complete on cover girl Anna Nicole Smith, found dead yesterday, age 39. Out to Carlos Diaz with "Extra." He`s there outside the medical examiner`s office, as well.

Carlos, what can you tell us about Virgie Arthur, Anna Nicole`s mother, going to the Bahamas?

CARLOS DIAZ, "EXTRA": Well, we`ve heard several reports that she`s gone to the Bahamas. You know, the eerie thing that she said a few weeks ago was that, after the death of her grandson, Daniel, was that Anna Nicole might be following sometime soon, kind of a precursor to what happened just 24 hours ago. So she`s very distraught, and she does not want to see her granddaughter fall into the hands of Howard K. Stern.

GRACE: Well, with Howard Stern here in Florida, still in seclusion, what`s to keep the biological grandmother from getting Dannielynn there in the Bahamas?

DIAZ: And that`s the reason why she`s down there. I mean, you`d have to imagine that she`d want to be down there to not only to be close to Dannielynn right now, but to somehow, you know, gain custody of her in a precursory kind of way, and, you know, get a hold of her as soon as she can, to keep her away from Howard K. Stern, because she`s made no secret she does not like Howard K. Stern at all.

GRACE: Well, it`s no secret, actually, that she suspected foul play, as do many, many other people. But the reality is, according to the medical examiner at this juncture, there is no evidence of a homicide. But is it still a criminal homicide, Carlos Diaz?

DIAZ: If you really listen to that press conference today, I think one of the more poignant things that was pointed out in the press conference was -- a question was asked about Howard K. Stern possibly flushing materials down the toilet when the paramedics and the police arrived. And the chief police officer here in Hollywood shot down that rumor and said, no, that did not happen.

So, right now, the conspiracy theorists that are trying to put Howard K. Stern in the corner are being shot down. There`s no evidence that would point to Howard K. Stern being a part of Anna Nicole Smith`s death.

GRACE: Carlos Diaz with us from "Extra" there on the scene.

Also with us, David Caplan, deputy New York bureau chief with "Star" magazine. What more can you tell us, David?

DAVID CAPLAN, "STAR" MAGAZINE: Well, this afternoon, "Star" magazine is exclusively reporting that other pills were found in her hotel room. The four pill bottles were Xanax, methadone, and Provigil, and Vicodin. All four were found in her hotel room. And a source tells "Star" magazine that this room looked like a drugstore. It was so shocking.

GRACE: Now, how is it that you discovered something no one else is releasing about methadone, Provigil, Xanax, all the others? How did you find that out?

CAPLAN: We have a source close to the investigation who provided us with this information, and it was very detailed in description, and it was very shocking. But a lot of people, when they heard our new report, weren`t that surprised.

GRACE: Question to you, David Caplan with "Star" magazine: Were they prescription drugs? And if so, to whom were they prescribed?

CAPLAN: Yes, these were prescription drugs. And the name on the bottles were not Anna Nicole Smith but Howard K. Stern.

GRACE: Are you certain?

CAPLAN: Yes, absolutely certain.

GRACE: And today, Jean Casarez, another update in the courtroom. A California judge kicking out an attempt for an emergency DNA test. What happened, Jean?

JEAN CASAREZ, COURT TV: That`s right, emergency DNA test on Anna Nicole Smith. And the judge said, "I don`t know at this point if I have jurisdiction, because now this is a corpse, and I cannot say for sure." There will be another hearing on February 20th. He`s asking for briefs on both sides to look at case law to see if he would have jurisdiction on the corpse of Anna Nicole Smith.

GRACE: Jean Casarez reporting on the case all day there at Court TV. And to you, Renee Rockwell, if they want the DNA from the baby, which is an easy thing to do -- it`s an oral swab in the mouth with a Q-Tip, why do they need Anna Nicole Smith`s tissue?

RENEE ROCKWELL, DEFENSE ATTORNEY: Nancy, because you want to make sure that the baby -- if the baby is ever provided for a DNA test -- is the baby of Anna Nicole. You don`t want her to switch the baby up, because this baby is sitting potentially on a half a billion dollars.

GRACE: And to you, Tiffany Koenig, agree or disagree?

TIFFANY KOENIG, DEFENSE ATTORNEY: I definitely agree. Whoever is going to be determined to be the father of that child is certainly going to be the conservator of any trust or any type of money that this child gets. It`s a gold mine for this father.

GRACE: Let`s unleash the lawyers, Renee Rockwell, Tiffany Koenig. Why resist so much to a DNA test? To you, Renee.

ROCKWELL: Well, you`re talking about them not wanting to produce the baby? Because, right now, Howard K. Stern is the father until proved otherwise.

GRACE: And, Tiffany, the battle over the will is going to go on posthumously. Explain.

KOENIG: Well, certainly everything is going to be continuing. And Dannielynn will be the one who takes, even if there is no will, she`s the one who will take any type of benefits that Anna Nicole would have received, had she been alive. So it will all continue under Dannielynn`s name.

GRACE: And speaking of who will be representing who in court, let`s go out to a very dear friend, the former decorator, interior design decorator for Anna Nicole Smith who became her friend over the years, Bobby Trendy.

Mr. Trendy, thank you for being with us. You spent a lot of time with Anna Nicole Smith and Howard K. Stern. What were your impressions?

BOBBY TRENDY, FRIEND OF ANNA NICOLE SMITH: I think Howard was in lust with Anna Nicole Smith. He did whatever she said in the beginning and would just follow her around like a little dog. He ended like the lawyer relationship and then wanted to be the boyfriend.

I never saw Anna Nicole Smith make advances to him sexually. He made them to her. I saw him, you know, forcing himself on her. I don`t think any man or woman would really be attracted to him as a person or how he looks.

GRACE: Well, you know, beauty is in the eye of the beholder, Mr. Trendy. So who can account for one`s taste? Did they get along? What was the nature of their relationship?

TRENDY: They got along because he would wait on Anna Nicole Smith. Whatever she said, he would do. But in the later years, it seemed like he had her under his control.

GRACE: What do you mean by that?

TRENDY: Like, she would, you know, act like a baby and not be all there, you know? And it seemed like he was, like, isolating her, and it seemed like he put some spell on her...


GRACE: What do you mean, isolate her? What do you mean, isolate her?

TRENDY: Like no one was ever allowed to become friendly with her. Hairdressers and makeup artists would only be allowed over there once, and then they would be gone. I was the only one that was allowed to stay, because I told them not to pay me. I`d be on the show for free so I could take my time decorating. And Anna liked me, and she liked me around. Howard didn`t. He wanted me gone, but I was there to stay. And I stayed throughout the entire season.

GRACE: What was your immediate response when you learned Anna Nicole was dead?

TRENDY: I was so shocked that this lively spirit was taken away from us and is no longer existing. To watch these images of her and know that she`s not here is unbelievable, that this Statue of Liberty is no longer with us, this global glamacon is not with us any longer.



UNIDENTIFIED MALE: I heard she died, you know. The first thing was, you know, when lots of people thought about it in the media, talked overdoses, things like that. My first thought was completely different. My first thought, "They`ll kill that poor child." That was my first thought.


GRACE: Another man claiming he`s the father of Anna Nicole Smith`s daughter.

Out to Carlos Diaz with breaking news -- Carlos?

DIAZ: Yes, I`m learning this right now. "Extra" has exclusive right now. We`re learning that there was kind of a commotion tonight at Anna Nicole Smith`s house. Now, you know from the past that there was some discrepancy as to who really owns the house and that the owners of the house are from the Carolinas and they were trying to kick Anna Nicole out.

We`re learning that tonight, as "Extra`s" cameras rolled on this, that they were trying to change the locks on Anna Nicole Smith`s house this evening. The police were called, and the locksmith was called back to change the locks back into Anna Nicole Smith`s favor, and her lawyer was given a new key to the house.

So there is kind of a scuffle, kind of a discrepancy going on at the house right now in the Bahamas. The baby is not there. Dannielynn is not at the house right now. We`re learning all this information, because "Extra`s" cameras are rolling on this all right now. The police are patrolling the house right now, and there are police at Anna Nicole Smith`s house right now.

GRACE: Carlos Diaz, breaking news. Carlos is with "Extra."

And to you, Mike Brooks, all this ensuing in 24 hours after her death. What did you notice about the scene?

MIKE BROOKS, FORMER D.C. POLICE: Well, I`ll tell you what, Nancy. This whole thing about the no foul play, OK, they`re not going to be sitting on their hands waiting for the toxicology report to come back.

But one of the questions I have, one of the first persons I would want to interview is the nurse. Why was there such a delay in getting 911 going? She called the bodyguard, then Howard K. Stern. And Howard K. Stern was not really available. So why was this big delay? Does he have that much control over everything that goes on around Anna Nicole Smith?

And then, finally, 911 was called. But I`ll tell you what, this really bothers me, and this is something that investigators need to look into.

GRACE: And, Dr. Daniel Spitz, when will we get the toxicology results?

DANIEL SPITZ, FORENSIC PATHOLOGIST: Well, toxicology results usually take a couple weeks. If it`s negative, you may get the results a lot sooner. But based on these circumstances and based on a negative autopsy, I can`t imagine these tests are going to be negative. So it may actually be a week to 10 days.

GRACE: And, Dr. Kirwin, could her state of mind have contributed to her death?

BARBARA KIRWIN, CLINICAL FORENSIC PSYCHOLOGIST: Well, absolutely. In fact, that`s what we`ve been talking about for the last 24 hours, is really inside the mind of Anna Nicole.

GRACE: Dr. Barbara Kirwin, thank you. Thank you to being with us. NANCY GRACE signing off. Good night.