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Continuing discussion: |
Posted on 03/09/2007 8:53:08 PM PST by mom4kittys
Edited on 03/09/2007 9:36:53 PM PST by Admin Moderator. [history]
I didn't get to see all of the talking head shows but is it just me or have all the lawyers been awfully quiet today for all sides?
Yes... when the time comes - it is all in Larry's hands when he wants to decide to play the "out of jurisdiction card" - The California Courts have already agreed to accept the Ohio DNA Lab results as Official and in Good Standing in California when the time comes for that.
Like I said the Ohio DNA lab probably is not worried if they are ever asked again to come to the Bahamas to do a DNA swabbing or to run DNA tests for the Bahamas. DNA guy probably has no interest in ever vacationing or visiting the Bahamas again.
There is no court in the USA that would uphold the Bahamian sealed court order if they tried to push the issue in a US court. The DNA swabbing was done in a controlled environment (Doctors office) and while Stern was standing right there. Stern also agreed to using Larry's DNA guy and DNA lab.
Especially when you put together what was told to G. Ben Thompson, Ford Shelley, and Larry Birkhead.
You have what they were told before the baby was born...and then you have Stern and Anna behaving in a way that does nothing but support their prior statements.
Going to the Bahamas where they have the best chance of stonewalling Birkhead, you have Stern's unwillingness to take a paternity test for himself or for the baby, you have him saying he wouldn't take the test because LB was working through the CA court, and then even when the Bahama courts were used...he is still fighting it.
If LB didn't believe it when Anna told him the baby was his, why would he pursue this paternity? It's done nothing but cost him money and if he is not the father, he gains nothing.
LARRY IS DOING EXACTLY WHAT YOU WOULD EXPECT FROM SOMEONE WHO BELIEVES HE IS THE BIOLOGICAL FATHER; STERN IS DOING EXACTLY WHAT YOU WOULD EXPECT FROM SOMEONE WHO IS NOT THE BIOLOGICAL FATHER AND DOESN'T WANT THAT DISCLOSED.
Sorry for yelling.
How is it that common sense so evades those in the legal profession???
Inquest Into Daniel Smith's Death to Begin Monday
Police collected the other items Daniel had been wearing: a brown t-shirt, white undershirt and blue underwear. Thompson's son-in-law, Ford Shelley, told police that the day Daniel died, he went to Stern's home in the Bahamas and saw Stern pick up two white tablets that had fallen from Daniel's jeans pocket and take them into a bathroom. Ford then heard the toilet flush.
I think the PI is credible, also. The card in the pocket has bothered me for some time. I assumed the card would be in the jeans pocket, but HKS took the jeans (probably assuming as I did that pertinent items would be located there). How he took them or the explanation for their absence has not been addressed in anything I've read.
The card must have been located in a pocket on his t-shirt, since the police found it.
No matter what, Dannie Lynn is a US Citizen.
Yes, I believe you are correct and so far a substitution of attorney has not taken place IIRC.
That needed to be yelled! ;)
For some reason the hospital evidentally searched his clothing and then gave it to HKS to take home... screwy the way they handled a very sudden suspicious death in the Bahamas... about the same way they handled one at the Hard Rock Hotel in Florida -- where they didn't even test the substance in the sink or on the bedsheets (as far as we've read in reports).
I believe he was.
Personally, I'm not so sure about the PI. The first time I saw him he said that he had met with Daniel once. In following interviews he said they'd meet several time a week. He's saying what we want to hear, but it is another illusion?
If I was Larry I'd have played the California card today after the trick Stern pulled yesterday and after today it would be a no-brainer. We read how the Bahamian Supremes are underpaid -- aka probably easy targets for Team Stern to slip money under the table to get things to go his way.
possible.... or his wallet? Maybe Howie missed searching his wallet.
This may help you understand that CA Court really does not need to request them but it would help the lab if they did make a court order.
This is the Ohio Lab that did the testing. Stern had to sign off for the swabbing and test to be done. It is called Chain of Custody.
http://www.dnacenter.com/faq/
She sure as hell ain't a Bahamian Citizen -- no matter what the idiot Wecht spews.
The police kept the brown t-shirt, white undershirt and blue underwear and gave HKS the pants? It's not logical --- but then nothing about this is, lol.
You're right. nothing about this case is logical.
Check post #14,484. I've been Googling jeans-pants-blue underwear for days looking for info.
I may have figured out where the card was, but there's still no explanation for how Daniel could fly across the country and enter the hospital sans bottoms. The 'investigators' surely inquired about pants, so let's hope they made notes on what the explanation was.
Sterns Appeal on the DNA testing will be denied. He had to sign off on the testing when the swabbing was taken.
This is the Ohio Lab that Baird works for and the one that did the testing.
http://www.dnacenter.com/paternity/legal-testing.html
Unlike in-home tests, where tested parties collect their own samples at their convenience, DDC's paternity test uses the Chain of Custody to ensure that you receive accurate and legally defensible results. For all of our DNA testing services, we:
Run each test twice, following the most stringent procedures to guarantee accurate and conclusive results.
Complete testing in 5 working days or less.
Follow a strict Chain of Custody to ensure results are legally admissible.
Maintain confidentiality of each case using strict communication protocols.
Schedule convenient appointments close to your home or office through our comprehensive network of collection sites.
http://www.dnacenter.com/paternity/establishing-paternity.html
Chain of Custody
As an AABB-accredited laboratory, we perform paternity tests and other DNA tests using a Chain of Custody documentation process to ensure results will be legally admissible (accepted by courts and other government agencies). This process proves and satisfies the following legal requirements:
Samples are collected by an impartial third party, such as a clinic or laboratory.
The individuals tested are positively identified (i.e. They present a government-issued ID, and they are photographed and fingerprinted for records.).
The samples are carefully tracked and matched to each test participant throughout the entire DNA testing process.
The Chain of Custody process requires samples to be taken by a neutral third party. Thus, test participants would need to go to one of our sample collection facilities to be collected. We have the largest network of collection sites in the U.S., and appointments can be scheduled near your office or home, even on the same day that you call. We can arrange for international collections at your convenience as well; please contact us for more information.
When you come to the sample collection appointment, you will be asked to do the following to meet the Chain of Custody requirements:
Present government-issued identification for the adults
Present a form of identification for minors, such as a birth certificate or social security card
Be photographed and fingerprinted
Complete a Client Identification and Consent Form (the minors consent form should be signed by the legal guardian)
The Chain of Custody process ensures that your results will be acceptable in court and other legal cases where paternity needs to be established.
Don't know - I haven't been paying attention today. Had to give it a rest.
I think he was talking about two different things. The ex boyfriend of Anna that Daniel was staying with in California was friends with this PI. That's how Daniel even knew who he was and that he was a PI. As a friend of the man Danny stayed with, he visited the apt. frequently and saw Daniel frequently. But then Daniel asked to meet him for lunch or some such to talk about his mother and Stern. I think I have it right but if not, someone will correct me.
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