Criminal investigations about Anna Nicole Smith and Daniel Smith, and the likely impact on Howard Stern and Larry Birkhead in the March 16, 2007 Bahamas custody case.
(PRWeb) March 11, 2007 -- New York City divorce Lawyer Lisa Beth Older, Esq, and MSNBC and ABC News Now analyst, offers her analysis on the impact of three recent criminal investigations on the probable outcome of the custody case pending in the Bahamas on March 16, 2007 as to Anna Nicole Smith's daughter Dannielynn Hope Smith .
I became aware of additional evidence Criminality plays no small part in a civil proceeding, even if no criminal charges are made. The burden of proof in a civil proceeding is less than that of a criminal proceeding. The custody proceeding in the Bahamas is a civil proceeding and hence does not require proof beyond a reasonable doubt. Remember how OJ Simpson was acquitted of murder in a criminal case but found to be responsible for wrongful death in the civil case? Witnesses have told police that Howard K Stern may or may not have played a contributing role in the death of Anna and her son, and if founded in fact, this will hurt his parentage claim for Dannielynn.
There are three criminal investigations of the Anna Nicole Smith story; the first is conducted by the Seminole Indian police in Florida, the second is in the Bahamas on Daniel Smith and the third is focused on the doctor prescribing the methadone found in the bodies of the deceased Daniel Smith and Anna Nicole Smith. Parties vying for the rights of custody over Dannielynn who may have contributed to the death of Anna Nicole Smith or her son, will not likely be deemed a proper custodial parent in the Bahamas.
Witnesses gave damaging information as to Anna Nicole Smith. Dr. Joshua Perber, the medical examiner, has been a voice of reason. Now he states "I became aware of additional evidence" and this evidence is holding up the case. A relative of G. Ben Thompson, who owns the house where Anna Nicole Smith resided, turned over her computer to the Bahamas police. This may provide evidence as to whether the deaths will be classified suicide, homicide or accident. In an article written in the National Ledger on March 11, 2007 the body guard allegedly told police that "Howard K Stern acted strangely" and gave her medicines. There is no concrete evidence pointing to wrongdoing, but whether the person administering them knew they were participating in a negligent or illegal act is relevant in a custody proceeding and will likely be raised in the Bahamas.
In applying the civil law to potentially criminal acts, the fact that Howard Stern was present when Anna's other son Daniel died of an illegal mixture of drugs and was present around the death of Ms. Smith facts are relevant in the custody case in the Bahamas. The Court will have to hear the testimony and decide custody based upon credibility of witnesses. The video of Howard Stern allegedly taping Anna Smith in a drug induced state and saying it was "worth money" further shows little regard for her well being, and is probative as to whether Howard Stern lacks requisite judgment to parent Dannielynn. Add the insidious allegations of Larry Birkhead that Howard Stern brought drugs to Anna Nicole Smith in a duffle bag in the hospital while she was pregnant and new custody questions are raised. Forget about the criminal ramifications for a moment. In a civil matter it all comes down to the credibility of witnesses. If the Bahamas court believes Birkhead it can draw an inference that he may not be fit to parent, having possibly endangered the welfare of mother and baby Dannilynn.
Given ongoing criminal investigation into the death of Anna Nicole Smith and her son, Daniel Smith, the disposition of the criminal investigations will likely be conclusive on the custody issues before the Bahamas court on March 16, 2007.
As to further possible criminal investigations, methadone is an illegal drug in the Bahamas for treatment of pain, which begs the larger question of possible illegal drug trafficking. Any person who participated in providing methadone to Anna Nicole Smith or her child Daniel Smith lacks requisite judgment to raise a child. If the Bahamas Court believes Larry Birkhead's allegation that Howard Stern brought methadone into Anna Nicole Smith's hospital room, this raises an inference that he knew Anna was on methadone while pregnant, and shows poor judgment. Persons vying for custody over Dannielynn need to show judgment superior to that, and the stakes are high. The fate of Dannilynn, brought to the Bahamas under suspicious circumstances, is left in the hands of the Bahamian court.
Lisa Beth Older, Esq. is available for further comment at 212-786-0901.
www.lawofficesoflisabetholder.com and nycdivorcelawyer.net
Anna Nicole Smith Murder Conspiracy: What's On Anna's Hard Drive?
By Gene Byrd
Mar 10, 2007
If one takes in the nighttime cable TV show that cover pop culture or law, it is impossible to avoid the case of the untimely death of Anna Nicole Smith. The buxom blonde was but 39 years old when she passed away in Florida on what can only be called a 'mysterious death.' Everyone has an opinion, and many believe she was murdered, though a slow, and I mean slow, investigation has produced no such proof.
Anna Nicole Smith Murder Conspiracy: What's On Anna's Hard Drive?
In a new report out from the UK titled 'Was Anna Nicole Smith Murdered?' The UK Daily Mirror reports that dramatic new evidence has sparked fears 39-year-old former Playboy model Anna Nicole was murdered.
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Here's how CNN's Nancy Grace's show began on Friday night. Good evening, everybody...First, new evidence in the death of cover girl Anna Nicole Smith.
Voiceover: Howard K. Stern's whereabouts are a little not quite clear right before her death. Everyone right now is thinking foul play. And you know, the results of the autopsy keep getting pushed back. We were expecting them this week, and now it's another couple of weeks.
Dr. Joshua Perper, Broward County Medical Examiner, "I became aware of this additional evidence which I didn't review, and I'm going to review it."
Voiceover: This report really threw a wrench into the whole timeline because with the nurse saying this, its possible maybe Anna Nicole Smith had been dead for hours, definitely before 1:30 PM. Perper, "There is evidence that the body was not only warm but that the people who gave resuscitation believed there was a chance to resuscitate her. Most likely, she died a short time before she was found dead."
***
Jason Kennedy from E! added: "Dr. Perper -- he was on your show yesterday -- he's made it clear that this new piece of evidence is going to possibly change his findings into what caused the death of Anna Nicole. We do know, on a related story, that he wants to get a hold of Anna Nicole Smith's computer. Ford Shelly -- he is the son-in- law of G. Ben Thompson, the man who owns that Bahamian home where Anna was staying with Howard K. Stern -- he submitted Anna's computer to the police department. So Dr. Perper is waiting for that computer. Who knows what's on it? And they are waiting."
And so we wait - and speculate. Her bodyguard Maurice Brighthaupt, who was with her the day she died, claimed her boyfriend Howard K Stern had been acting "highly strange" hours before she collapsed in a Florida hotel room last month, reports the Mirror.
'Big Mo' told police she was "in a cloud", and was on "heavy doses" of prescription drugs when she died, including antibiotics. He is also believed to have said her lover Stern gave her "some types of drugs" in the months leading to her collapse.
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The mystery continues, but since she died in the US, authorities have a much better chance of getting the information needed to determine if foul play was indeed involved.
http://www.nationalledger.com/artman/publish/article_272612042.shtml
Good info. Would a custody hearing be televised? Would love to hear/see Stern squirm at that hearing as some very unhappy truths about him come forward.
Great finds Tex Kat! Post 1105 too.
Good...