By Tom Brown
FORT LAUDERDALE, Florida — A Florida judge on
Thursday ordered that new DNA samples be taken from the body of
Anna Nicole Smith but made no decision on whether her boyfriend
or her mother has the right to bury the former Playboy Playmate.
Broward County Circuit Judge Larry Seidlin
indicated athere would be no quick resolution on custody of the
body of the billionaire’s widow and tabloid star who died a week
ago in Hollywood, Florida, aged 39, after collapsing at the
Seminole Hard Rock Hotel and Casino.
As a Florida medical examiner warned that the
remains were decomposing and should be released immediately for
burial, Seidlin ordered another hearing for Friday to decide
whether Smith’s body should be embalmed.
"We’re going to figure out whether we’re
going to embalm or not," Seidlin said.
Seidlin is presiding over a legal tug-of-war
between Smith’s lawyer and companion, Howard K. Stern, her
mother, Virgie Arthur, and Larry Birkhead, Smith’s ex-boyfriend.
Stern wants to bury Smith in the Bahamas,
Arthur wants to bury her in Texas and Birkhead wants to ensure
her DNA is preserved for his paternity battle.
Stern and Birkhead both claim to be the
father of Smith’s daughter, 5-month-old Dannielynn Hope Marshall
Stern. Stern has said Smith wanted to be buried in the Bahamas
next to her son Daniel, who died five months ago at age 20 just
three days after the birth of Dannielynn
"This is not going to be quick," Seidlin
said.
In Los Angeles on Thursday, another potential
father of Dannielynn threw his hat into the ring when actress
Zsa Zsa Gabor’s husband filed court papers seeking to establish
her paternity.
Frederic von Anhalt has claimed that he had a
10-year affair with Smith and believes he is the baby’s father —
although a publicist for Gabor has denied those assertions.
The judge held court in his packed — and
televised — chambers in Fort Lauderdale, which was adorned with
old movie posters, including one of the Three Stooges comedy
team and a pen-and-ink drawing of a scene from "The Treasure of
the Sierra Madre," a classic tale of greed and mistrust among
gold-diggers.
Seidlin ordered a mouth swab for potential
testing of Smith’s DNA despite assurances from Broward County
medical examiner Dr. Joshua Perper that more than enough DNA
samples, including bone marrow and spinal fluid, had been taken.
Arthur, dressed in black, burst into tears
several times as Perper detailed the extensive samples that had
been taken.
The tears came soon after a lawyer for Stern,
Krista Barth, said Smith had been estranged from Arthur since
1995 and had no real relationship with her mother.
Seidlin appointed an administrator to
interview those involved in the case and make recommendations at
another hearing on Tuesday. A separate hearing was scheduled for
Friday in another Fort Lauderdale court on DNA issues.
Stern’s attorneys entered into evidence on
Wednesday a paper signed by Smith under her real name, Vickie
Lynn Marshall. It contained excerpts from her will, signed on
July 30, 2001, which appointed Stern the co-executor of her
will.
Stern also submitted affidavits from three
people who testified that Smith wanted to be buried next to her
son, Daniel, in the Bahamas, together with the remains of her
late husband, J. Howard Marshall.
Smith, a former topless dancer and Guess? jeans model,
married the 89-year-old oil tycoon when she was 26. His death
the following year touched off more than 10 years of litigation
between Smith and members of his family over his estate that
ultimately reached the US Supreme Court.— Reuters