Friday, February 23, 2007
Her mother plans to file an appeal, a lawyer said.
MCCLATCHY NEWSPAPERS
MIAMI -- Pending an appeal, Anna Nicole Smith will finally be buried, as she wished, next to her son in the Bahamas.
The announcement was made shortly after Broward Circuit Court Judge Larry Seidlin ordered that Smith's body be given to her 5-month-old daughter.
After he issued his order, Seidlin directed lawyer Richard Milstein, the child's court-appointed guardian, to consult with the three parties who were fighting for the right to bury her -- Smith's mother, Virgie Arthur, her longtime attorney, Howard K. Stern, and ex-boyfriend Larry Birkhead.
The three and their attorneys met with Milstein in the judge's chambers.
Afterward, Birkhead, Arthur and Stern exited the courthouse arm in arm.
"I loved her with all my heart," Arthur whispered.
Attorneys said details are still being worked out for the burial.
Milstein said that Arthur intends to file a notice of appeal, and transportation and burial will be on hold until the Fourth District Court of Appeals rules on the challenge.
Surprise decision
Seidlin, who presided over the weeklong hearing, surprised everyone with his decision.
In a meandering speech, and choking back tears several times, Seidlin kept his TV audience in suspense as he discussed what a difficult decision it was.
"I was concerned about Danny," said Seidlin.
Finally, after issuing the order, Seidlin offered his opinion of where Smith should be buried: with her son in the Bahamas.
"I want her buried. I want her buried with her son in the Bahamas. I want them to be together," he said after reading through the order.
He later concluded: "I have completed all my tasks. God speed to everyone."
The body is still at the Broward County Medical Examiner's Office in Dania Beach, and it will remain there until a final decision is made.
Medical Examiner Joshua Perper said it could be a couple of days before the body is flown to the Bahamas. Perper will accompany the body and said it's the first time he has ever done so, adding that's Smith's viewing, held in his office Wednesday, was also a first.
"Certainly it's a situation which is unusual in many ways," said Perper.
Smith died February 8 after she was found unconscious at the Seminole Hard Rock Hotel and Casino near Hollywood, Fla. It will be another 10 days to two weeks before the toxicology reports are complete and Perper can issue a cause of death.
Paternity case
The dispute over the burial was one of many surrounding Smith. Stern is listed as Dannielynn's father on the birth certificate, but Smith's ex-boyfriend, Larry Birkhead, said the girl was his.
Seidlin announced that Broward Judge Lawrence Korda will now hear the paternity case brought by Birkhead.
Seidlin urged Stern and Birkhead to resolve the paternity issue immediately, for Dannielynn's sake. "Submit to DNA and find out who the father is," he said, raising his voice.
"It's enough baloney."