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Posted on 02/08/2007 12:39:03 PM PST by kcvl
Anna Nicole Smith collapsed in her hotel room at the Hard Rock Cafe and Casino in Hollywood, Fla., and was rushed to a hospital on Thursday. A Hollywood, Fla., fire department spokesman told MSNBC TV that the actress was unresponsive when the rescue unit arrived on the scene.
Sources confirmed to Access Hollywood that Smith was transported to Memorial Regional Hospital shortly after 2 p.m. EST on Thursday. Access Hollywood also is reporting that Smith was intubated at the scene.
Officials told the Miami Herald, "it does not look good."
All the games today were great! Maryland gone, Duke gone, Clemson gone, Georgia Tech gone. Ah, life is good!
Just catching up. Can't believe another twist to this story, and what a bombshell--she had another child.
At least it seems that way. Time for the DNA with this one too, I say.
Has Greta or Nancy covered this at all? I haven't been keeping up as closely this week, but did see Greta's show tonight with Martha. This other child wasn't mentioned, but maybe it's already been covered??
Time for bed, but will check back in the morning, hopefully.
I too say thanks to all for keeping the thread going...great source of info and discussion. I knew very little about Anna's life until now. Her death is just a sad thing. So young and messed up.
That was a sweel article; it made me smile; I love Larry Miller anyway.
http://www.jonesbahamas.com/?c=135&a=11866
9th March
Birth Certificate, Real Property Law and DNA Test…. Their Effects On The Bahamas
Recently a young man who claimed to be from Germany was introduced to me by one of the foreign news reporters currently visiting The Bahamas in connection with the famed Anna Nicole Smith matter. This young man informed me that he was the father of Anna Nicole Smith’s daughter, Dannielyn, and that he and Anna Nicole married in Miami Florida in 2005, and that he was the person who gave Anna Nicole Smith the sum of nine hundred thousand dollars (900,000) to purchase the property where the deceased Anna Nicole Smith resided in The Bahamas.
Out of sheer solicitude and readiness to help, I took the young man to our chambers and in the company of another lawyer meticulously and painstakingly interviewed him. To my consternation the man could not remember the bank in The Bahamas where he effected the alleged money transfer to Anna Nicole Smith’s account for the purchase of the Horizons property. I concluded that the man’s story was a gratuitous mendacity and utterly devoid of a modicum of veracity and contrary to commonsense, reason and logic. It is inconceivable that a human being will deal with $900,000 last year without recalling the bank where such dealings transferred. Even Bill Gates will not forget this kind of information.
Unfortunately out of sheer benignity I allowed this man who was suffering from phantasmogoria to waste my precious time, which is shared between my active law practice and academics that is by the way. However, I took some time to explain to the man some salient legal issues. This article will attempt to explain some core issues relating the nature and effect of –
Birth Certificate
Payment For Real Property Purchase and Beneficial/equitable interest in the context of Real Property Conveyancing and the issue of DNA.
Once again this article does not wish to delve into matters that are subjudice (pending in the courts) as we do not try cases in the media as they do in the United States. Hence, information in this article will be highly generalized without any reference to the on-going Anna Nicole Smith matter. We shall proceed seriatim (in turn).
What is a Birth certificate and what is its effect? Is a Birth Certificate a prima facie evidence of what it says or conclusive evidence? We will simply answer the above questions by referring readers to two other documents using them as exemplary instruments of comparison. The two documents are a deed of conveyance relating to real property (land) and a certificate of incorporation relating to registered or incorporated companies. A Birth Certificate can be equiparated with or compared to a company’s incorporation certificate because just like a birth certificate is a prima facie evidence that a child is born on the date stated and with other information contained in the birth certificate, a company, being a juristic and artificial person has its own birth certificate, which is a certificate of incorporation.
Thus company lawyers have often referred to a company’s certificate of incorporation as a company’s birth certificate. Hence what is the effect of a company’s certificate of incorporation? It is merely a prima facie evidence that the company is duly incorporated under the laws of its jurisdiction. However it is not a conclusive evidence. In the same vein, a certificate of title or a deed of conveyance is merely a prima facie evidence of title and not a conclusive evidence.
Following our reasoning, a birth certificate is merely a prima facie evidence of fact contained therein and not conclusive evidence. What then is the difference between "prima facie" evidence and "conclusive" evidence? Prima facie evidence simply means that, factually speaking, the thing/document, be it birth certificate, certificate of incorporation, deed of conveyance or certificate of title granted to a petitioner via Quieting Title Proceedings (Act) 1959 in The Bahamas, stands to be or is presumed to be what it is until it is effectively and successfully challenged or the presumption rebutted. We will use a Deed of Conveyance or certificate or title to land as an example.
A Deed of Conveyance or Certificate of title is merely a prima facie evidence of title and registration or recordation of such a deed is not evidence of due execution. Hence any of these documents may be set aside on a number of grounds e.g. want of due execution, non-compliance with any statutory requirements, having been executed by a person who lacked the requisite capacity to execute it etc. Suffice it to say that fraud is a ground for setting aside a deed of conveyance or certificate of title. See section 27 of the Quieting Title Proceedings Act 1959 under which a certificate of title granted by the court may be set aside.
Mistake is also a well known ground. In the same manner, a birth certificate may be set aside on grounds of fundamental mistake, fraud or want of due execution or preparation or having been signed by a person who lacked the requisite capacity to sign or execute it etc. On the other hand, when something is conclusive it means that it is deemed to be what it says and as such unassailable. In the case of a child born in The Bahamas, the persons in whose name the certificate is issued as the putative father and mother will remain, prima facie the father and mother of the child. But what if there was a mistake in the delivery, where for instance another woman’s child was mistakenly recorded against the real mother? Will the validity of the birth certificate not be effectively challenged in that circumstance? etc.
On the issue of DNA we need not explain the forensic or scientific aspect of this wonderful discovery and its contribution to forensic medicine. All we can say here is that save and except in criminal prosecution where national security/public interest is concerned, it is very doubtful whether a court in The Bahamas, a hard core common law jurisdiction will order a DNA test on a child in a civil matter albeit the intricate and perplexing complexity surrounding the instant matter. Ours is a very conservative legal system not as liberal as in the United States. Besides conducting a DNA test on a person just like medical examination is a form of battery (assault and battery) upon a human person, and will constitute the old tort of trespass to person or an interference with human body which can only be carried out with the consent of the person except in extreme circumstances will the court order/sanction that. Thus a minor cannot consent to such an assault and battery or interference with his/her body. Perhaps the minor’s guardian ad litem may consent for the child but if the guardian were my client, I would definitely advise him not to consent.
There is no overriding security interest here. The paramount interest here is the interest of the child. Since law is an instrument of social engineering and given the desperation vehemence and truculence with which parties are pursuing this case which largely appears to border on avariciousness, it is strongly suggested that in the interest of the child and public policy that this child be entrusted to some state or public welfare body to look over this child until she attains majority or becomes sui juris i.e. reaches the age of legal capacity at which point in time she may decide to undergo a DNA test to determine who is her father, if she so wishes. In that regard, the status quo may be maintained but without delivering/giving custody of this child to any of those claiming to be her father, including my "client" from Germany who told me that he was actually the father of Danielynn and did transfer the sum of $900,000 to Anna Nicole Smith and wanted me to file a claim on his behalf. I genuinely have a morbid apprehension of the fate of this child in the hands of all these persons fighting for her custody.
A special court appointed and supervised custodian should be appointed for this child and under no circumstances should this child be allowed to leave this jurisdiction since the mother has clearly evinced her intention to reside here permanently. The Bahamas has the ultimate jurisdiction in this matter, not Florida, Texas or California.
On real estate transaction, my advise to the client who told me that he actually transferred $900,000 to Anna Nicole Smith was taking him through the origin and development of equitable and legal interest in land. Well, if there is a conveyance which is properly executed, stamped and registered in the name of anyone in relation to the Horizon property, then the persons in whose name the conveyance was executed and registered/recorded is/was/and remains for all practical purposes and all intents – the true, valid, bonafide, defacto and dejure owner of the legal estate in the property.
I explained to my client that no body ever buys or owns property under English law of real property, which we practice here in The Bahamas. People can purchase the legal or equitable interest or estate in the property. However, if there is evidence of monetary contribution for the purchase of the subject property, it must be proved or shown that the money/contribution was given/made with clear expectation/intention that the person making the contribution will have a beneficial/equitable interest in the property. This will be in the form of a Trust for Sale.
Thus there has to be an expressed or implied trust that as between the registered property and the person making such a contribution. Remember that this is a transaction involving the sale or transfer of an interest in land and it has been long established through a legion of statutory authorities that such transactions must be evidenced in writing and signed by the other party. See section 4, statute of Frauds of 1677, Section 40 Law of Property Act 1925, S.2 Law of Property (Miscellaneous Provisions) Act 1989 (English).
Besides, since equitable remedies are mainly effective only in personam (i.e. as against the person only), then unlike the legal interest which is effective and operate in rem (i.e. against the whole world) it is difficult how a party can pursue this interest against a deceased person who is no longer alive to deal with this or satisfy this equitable interest. However, it cannot be argued that this equitable interest may be pursued against the estate but again since the appointed executor or administrator of the estate will upon grant of representation action – acquire the legal estate/interest in the property of the deceased/testatrix, the remedy of the person who claims to make contribution may only attach to the funds for the purchase given on the ground that the arrangement was an imperfect one or inchoate one and as such the executor can return the funds to the person claiming to have made contribution. This will be the safest and most fair thing to do as it is difficult if not impossible to prove the condition under which the contribution was made – whether it was a gift or consideration in kind, or cash or for any other reason which is known only to the deceased and the alleged donor.
If it is a gift made without expectation or intention to benefit from the property, then the donor, upon making the gift divests himself of all interest, be it legal or equitable or beneficial in the gift and the gift passes on to the donee. Thus if it was a voluntary gift made to the deceased without intention or expectation to participate or share in the fruits of the gift, it is generally assumed that the donor has legally and equitably divested himself of all interest in the gift. The only way to rebut this is by express or implied trust.
Clement Chigbo (ESQ) LLB (Hons) LLM (London) B. L, L.E.C. Dip. Lat, practices as a Registered Associate with the law firm of C. F. Butler and Associate. Criticisms, suggestions or opinions are welcome. Free legal services available every Thursday and Friday based on Mr. Chigbo’s availability. He may be contacted at tel: 1-242-393-2722; Email: lawscholar2006@yahoo.com or clemsweiss@hotmail.com
I thought they said there were no illegal drugs, just prescription drugs? We don't really have any idea whose name was on the prescription drugs, do we? All we have had is rumor. The suppository wrapper on the floor is a rumor, too, for all we know. So confusing.
Thanks Freedom'sWorthIt.
We had a discussion about this up the thread, and I had said there were too many people in the suite when they took Anna out for Howard to do any clean-up. There was probably a cop or 2 there, as well.
"It sounds (to me) like Moe and Taz brought Bridget and KEG back to the hotel with them. I'm curious why HKS chose to meet them all in the lobby and then go with them back to the room where (it appears) he and KEG left from to go to the boat."
And....My beloved Oklahoma State Cowboys won!!
GO POKES!
"Could those bruises possibly have occurred if someone tried to hold him down and make him drink or take something??"
Or, from the chair he did or did not die in?
Anna Nicole Smith autopsy delayed;
medical examiner says new evidence has surfaced
The Associated Press
Tucson, Arizona | Published: 03.09.2007
FORT LAUDERDALE, Fla. — An autopsy report expected to detail how Anna Nicole Smith died has been delayed because police have turned over new evidence, the Broward County medical examiner said Thursday.
The medical examiner, Dr. Joshua Perper, said the autopsy tests have been completed and were supposed to be released later this week. But the Seminole Police provided him with new evidence, he said.
Gary Bitner, a spokesman for the Seminole Tribe and its police department, said the evidence provided by the tribe was turned over promptly. Neither Bitner nor Perper would say what the evidence was.
"This is not delayed evidence this is just additional evidence that has come to light during the course of the investigation," Bitner said.
~SNIP~ More at link
http://www.azstarnet.com/allheadlines/172726
Shaman Purifies Anna Nicole Smith's Hotel Suite.
9th March 2007 08:01:01
Shaman Purifies Anna Nicole Smith's Hotel Suite.
The owners of the Seminole Hard Rock Hotel & Casino in Hollywood, Florida, where ANNA NICOLE SMITH passed away last month (FEB07), have called in an Indian Shaman to "purify" the suite in which she died.
Smith was found unconscious in the hotel's Suite 607 on 8 February (07).
The room has been out of commission since the tragic incident and Seminole Indian tribe elders, who own the hotel, are in the process of "purifying" the room.
According to Hollywood gossip columnist JANET CHARLTON, all furniture has been removed and a shaman is "clarifying" the area to get rid of any evil spirits lurking on the premises.
The cause of Smith's death is still unknown and is expected to be announced when police in Florida finish their official investigation.
http://www.femalefirst.co.uk/celebrity/Shaman+Purifies+Anna+Nicole+Smith+s+Hotel+Suite.-14378.html
What does two new evadence items have to do with what Joshua Perper found in anna body. How can it change what the autopsy report shows.
" Remember, HKS was already back at the hotel when the paramedics arrived and he called Doctor Ershovich in California and did not accompany her to the hospital -- Big Moe went to the hospital..""
From what I've heard on Greta's show, Stern was seen pacing in the lobby while talking on his cell phone right after he and Moe came back down from the room. I hope the police have checked out his phone records.
Who did he call while pacing back and forth in the lobby? Could he have called Dr Ershovich at that time?? This would be before he went to the boat dock. Could HKS and the lady doc have been plotting against Anna, in some way? Thinking about her saying 'we finally convinced Anna to get married', which I think is BS. The doc has professional problems going on from what we've read, so ya never know???
HKS didn't know when Moe and the rest of the gang would get back from the airport, but by chance ran into them at the elevator. Very strange for Stern to leave Anna alone if she was really as sick as was indicated by the 105 temp, the ice bath, plus a fall in the tub which caused bruising.. very strange unless she was already dead and he knew it. I'm still trying to catch up the on thread and don't know if this has been asked yet.
March 9, 2007 -- RITA Cosby sounds less raspy following recent vocal-cord surgery, but MSNBC is still going to drop her when her contract expires on April 1. The cable network had no comment, but insiders insist the host, who has been diligently covering the Anna Nicole Smith story, is out. Cosby has been presenting daytime specials since MSNBC canceled her prime-time show, "Live & Direct," last summer.
http://www.nypost.com/seven/03092007/gossip/pagesix/time_to_move_pagesix_.htm
"Not only do I think she was dead when he left but that he ALSO watched Daniel die. There's such a small time frame in here that is common to both. "
I agree. Virgie, when interviewed by Rita, said she feared for her grandbaby, because Howard K Stern was there when both her grandson and her daughter died. I don't know how she or Larry were able to get on a plane and leave little Dannielynn with that monster. It must have been one of the most difficult things they have done in their lives.
" The so-called crime took place in Bahamas, not USA. They are not a US protectorate. Shelly has money and HKS cares first and foremost about money. Shelly turned a lot over to the police and for all we know some of which is aiding the investigation."
I seriously can NOT believe Stern and his disgusting lawyers. I've never seen such a bunch of arrogant jerks. They are like attack dogs. They attack and threaten people until they get their way.
Like you said the Shelly's have money, so I doubt they will be intimidated by Stern and his ghouls. Stern should be grateful his sorry a*s, has a beautiful mansion to live in, instead of bad mouthing the people who paid for it and OWN it.
I just read that whole Soto article .. I'm speechless .. it's explosive! This family, hangers-on and potential heirs are going to be in court for the next 20 years. Unreal. It sure sounds real enough .. do you think it is?
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