Anna Nicole Smith, The Investigation

[Arizona Carolyn]

Let me get this straight then, you are saying Greta is wrong and a US Court cannot demand Stern turn Birkheads child over to him or face kidnapping charges? if a US Court finds Larry is the father? and when Stern returns to this country to litigate ANS estate he cannot be arrested for kidnapping? (if a warrant has been issued)? Greta says there is extradition between USA and Bahamas.

I know the IRS is finally managing to get into banks in the Bahamas where people are hiding funds from them.

I guess it's just late... all I'm saying is Larry cannot demand the lab do anything with those results -- as much as he may want to do so.

[Arizona Carolyn]

Exactly. Which leads us to another lie he very nervously told on the stand in Florida -- that he didn't want any money and would opt out of being executor.

I wonder if the life insurance policies are in Hot smootchie lips; which is how HKS can say "he" doesn't have any insurance policies on ANS.

[stlnative]

No no....

what I am trying to point out is that the DNA swab was taken by a US citizen, who took the DNA swabs back to the USA. The tests were done in a US lab. Those results still sit in the possession of a US lab and citizen.

The Bahamian courts have no jurisdiction over them by US law. Baird will play along as long as Larry wishes to play along with the Bahamian courts. The results of those tests belong to Larry (go to the DCC website and read) - DCC procedure of chain of custody is done so that ANY court will honor the DNA results (meaning the father or mother can take the results to any court they need to).

This is why they get the current legal guardian to sign off on it because the child is a minor. There is no doubt in my mind that this did not happen when Stern showed up with the baby. There is no order but only a direction for DNA tests from the Bahamian court (I explained earlier why I think Stern showed up with they baby when he was only under a direction.)

DDC/Baird will not destroy the DNA results because the Bahama courts may order it. Baird knows that the Bahamas has no jurisdiction over the results.

Baird is personally involved in this case. Baird is the director of DDC. Baird personally went to the Bahamas and appeared in court and showed up for the swabbing. He did not send anyone else - he did it himself.

I don't think think too many people would be upset or bad mouth Baird if he defied the Bahama court and handed the DNA test results over to Larry. The Bahamian judge might get upset... but Baird never has to step foot in the Bahamas again.

Larry can either take the DNA results to a Federal or California court if he wants to. He can also ask that California court demand that the DNA results be turned over to them.

And yes... Larry can try the kidnapping scenario if he needs to... but he has to find a federal judge that will go along with it.

[stlnative]

Please remember that Greta also mentioned jurisdiction tonight also. She also knows that Bahamian courts truly do not have any jurisdiction over the results because they are in the USA.

The whole key to this is jurisdiction...

Would Baird be able to live with himself and deny Larry his DNA proof that he is the baby's father if he (Baird) knowing destroyed the DNA results that he knew the Bahamian courts really had no jurisdiction over. Do you think the American public would bad mouth Baird over it? Do you think it would hurt Baird's reputation? Baird has nothing to worry about because the swabbing was taken legally and the results are in US custody and out of the jurisdiction of the Bahamas.

[Kimberly GG]

"Sterns Appeal on the DNA testing will be denied. He had to sign off on the testing when the swabbing was taken."

I think at least part of the reason Stern is doing everything possible to postpone the DNA results being unsealed, has to do with what LB's attorney said. She said that the Bahama court has assured them that if Larry is the biological father, he would be given custody of Danielynn, as long as there was nothing that showed he was unfit. They've already checked him out and may they've let all parties know that LB was found to be fit. So Stern has to do everything in his power to keep those DNA results sealed.

[stlnative]

There is no such thing in the Bahamas as the British Court of Appeals. They don't use the British for appeals. All Appeals are handled in the Bahamas it never goes beyond that or outside the Bahamas.

They do use British law as guide but that is it. The Common Wealth of the Bahamas is a independent country. They are no longer under British rule.

[stlnative]

Independence from the United Kingdom
- Self-governing 1963
- Full independence July 10, 1973

The Bahamas is an independent country and member of the Commonwealth of Nations. Political and legal traditions closely follow those of the United Kingdom.

http://en.wikipedia.org/wiki/Bahamas

[Kimberly GG]

I've been gone since early afternoon and just want to say that you all have done some great research! Today was such a disappointing day and so I've enjoyed reading about the possibility of moving forward with what Greta discussed tonight (I missed her show) and I'll be thrilled if LB is successful in gaining an edge over HKS. Thanks for keeping those of us who were away, so well informed with your posts!

[stlnative]

The Bahamas Constitution (in full)

http://www.constitution.org/cons/bahamas.htm

[stlnative]

DCC is actually DDC (sorry for the typos)

DNA Diagnostics Center (DDC)

www.dnacenter.com

[stlnative]

DCC is actually DDC (sorry for the typos)

DNA Diagnostics Center (DDC)

www.dnacenter.com

[stlnative]

I just replayed Great's show again...

Larry is back in the USA
The Paternity Appeal will be heard at 10am Monday morning Bahamian time. The lawyers on both sides present their arguments in front of 3 judges.

Larry would have to go to a Ohio Federal Court to put a TRO on the test results. This would have them secured if the TRO is ordered by the Ohio Federal Court. (delay delay just like Stern has been doing)

After the TRO the California judge then can subpoena the DNA results since their was an order already in effect for the test to be done. Opri has already said that California Court will accept these DNA Test results (this was said by her on Sunday night during The Line Up show) California would accept the DNA results because it was done under a"Chain of Custody" procedure. The DDC states on the website that the Chain of Custody procedure is done on international DNA swabbing - see www.dnacenter.com and "Chain of Custody" - Stern had to sign off (as in approve - OK'd) on the swabbing when it actually occurred in the doctors office.

If the results show that Larry's is DL's bio-father - Stern will be ordered to produce the Child. If he does not then he would face federal kidnapping charges. Gloria Alfred baulked at this because she has handled a Hague case before and got no where with it... but Greta pointed out that the case she was on did not receive the media attention like this case has and that the Bahamas would extradite Stern on the kidnapping charges due to the publicity this case has received. They would have no choice due to the outcry and repercussions the Bahamas would suffer once it is out that Larry is truly the baby's father.

[Kimberly GG]

Thanks so much for the summary! Did you tape the show personally or is there somewhere I can go to view it? I'd very much like to see it and I have searched Greta's site and can find nothing, but I'm not very good at searching Fox's site. Thanks.

[uncitizen]

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).

Not to be gross but it is said that one someone dies they loose control of their bowels. Maybe the hospital took Daniels pants off in trying to resucitate him and they gave Howie the pants just thinking the wallet was all that was important about the pants when really there was other "matter" on the pants that was of importance. Or maybe Daniel did throw up and it was on his pants. Same scenario. Nobody thought that there was foul play involved at that time, and even if they did everything was so chaotic, that the EMTs who moved him to the other hospital didn't notice Daniel was only in his underwear. And if he were sleeping in the bed especially, they might not find it unusual that he was in his underwear. But when the investigators were called, why didn't they ask what happened to his pants?

[stlnative]

Remember the neutral place was at a Bahamian Doctors office - Baird was present and he hopped on a plane as soon s he had the swabs in his possession. The swabs were taken on the 21st of March (Wednesday) and they would have been back in the USA within hours with Baird. The testing can be done within 1 day if needed or requested.

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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

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Complete a Client Identification and Consent Form (the minor’s consent form should be signed by the legal guardian)

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The Chain of Custody process ensures that your results will be acceptable in court and other legal cases where paternity needs to be established.

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http://www.dnacenter.com/faq/legal-testing.html#3

Will my test results be legally binding?
DDC strictly adheres to the chain of custody procedure, and this makes our test results legally defensible. Many of our patients use their test results for legal purposes such as child custody, child support, immigration, Social Security benefit claims, inheritance claims, and more

What does “chain of custody” mean?
The chain of custody process is what makes DDC’s paternity test results legally defensible in courts and other government agencies. It involves three main aspects:

The tested parties are properly identified when their samples are collected. (Their government-issued IDs are verified and photocopied, and the individuals are photographed and thumbprinted.)
The samples are collected by a neutral third party—someone who has no personal interest in the outcome of the test (e.g., a hospital, clinic, or laboratory staff person).
The samples are tamper-taped, securely packaged at the collection site, and carefully inspected upon receipt for any evidence of tampering.

When these requirements are satisfied and documented, a paternity test’s results are legally defensible. This means that the patients can use them for legal purposes such as child custody, child support, immigration, and more.

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http://www.dnacenter.com/international/dna-testing/

Many of our international cases need to be performed using a Chain of Custody process that verifies the identity of the tested parties and makes the results defensible in court and in other legal proceedings, such as immigration.

DNA Paternity Test
A DNA paternity test determines whether or not a man is the biological father of a child. Results are often used in immigration, child support, and custody cases to prove biological relationship.

[stlnative]

No it was on my DVR (like Tivo) so I watched it again.

[Kimberly GG]

Shoot, well, I'm sure glad you taped it...I wonder if there is a written transcript somewhere on the Fox site. Should this action be taken it would be a great link to have for reference later on.

[stlnative]

My guess is that the DNA test has already been subpoenaed by the California judge - due to what Opri said Sunday night on The Line Up (he may already have them because Stern would not have to be notified since he signed off on it when it swab was taken.) What Greta said tonight was probably already figured out by Opri (who is still Larry's atty). A TRO may already be in effect in Ohio on the DNA results. Of it is not then it will probably be done by Friday evening or before 10am eastern time. I'm sure Baird knows some good Ohio Atty's that he can advise/pass on to Birkhead.

[Luvlyness]

This may have already been posted but I am fairly new and not real sure how to get around to find it so please bear with me.

Does anyone have the email/contact info for Don Clark (ex-FBI man in Houton)?

Also, is there anyone on this site that compiles the research info into one place so that it can be forwarded to people who can actually get things done or at least receptive to looking at it?

Thanks :)

[stlnative]

There may be at transcript made but they usually do not make one for her show. Only during special interviews do they do it.