HKS: So Anna um and I, and a number of other people talked with Anna about the subject matter about where Daniel would be put to rest, and where we all would be put to rest and it went back and forth for quite some time. And I actually, at the time was trying to convince Anna that maybe it would be better if Daniel were laid to rest in Los Angeles and Anna was very firm, very firm, on the Bahamas was her home. It’s where she wanted to raise Dannielynn and she wanted Daniel to be near her. And she uh she was pretty firm on that decision.
Seidlin: And when did you two discover Bahamas? What year?
HKS: The first time I went out there was um July of last year.
Seidlin: July of 06?
HKS: [takes a drink from cup] July of 06
Seidlin: And what was the purpose of your visit?
HKS: Well, Anna wanted to get out there to get away from the media.
Seidlin: And you went together?
HKS: I went a little bit after she did. She was there a little bit earlier.
Seidlin: And what, did you rent a residence there?
HKS: [Laughs] Ha…..she uh….now we are going to get in the subject matter of other litigation. She….she purchased….
Seidlin: Well, if I ask a question, you let me know if it’s affecting other litigation.
KB: I don’t think it’s affecting other litigation. I mean, I think it’s probably widely known that Anna makes a claim to a home that she purchased in the Bahamas that was titled in her name, deeded in her name, and now subsequently somebody says that they own it and a deed says somebody else’s name. It’s very complicated, but basically she was the person of record on the deed, as far as I understand, and there is no note against the house, filed against the house. And there is no note signed by her. So they allege she was renting. She alleged that she owns it and that’s why he was having difficulty probably answering that question.
Seidlin: When did she allegedly buy it?
JO: Your Honor, this is all triple hearsay. The lawyer is testifying about what someone else told the lawyer. Seidlin: Yes, that’s why I’m asking it as a question. That’s why I’m asking it as a question. Your objection, so noted.
DO: Move to strike.
Seidlin: That’s why I’m trying to get to the point.
JO: Move to strike, your Honor, what the lawyer said the evidence was.
Seidlin: It’s an opinion. Overruled.
HKS: I would have to look at the documents, but um either in late uh July or August.
JO: Your Honor, the best evidence would be the documents.
Seidlin: So noted.
JO: Object on that basis, your Honor
Seidlin: I heard you.
HKS: If this is really an important issue, we could admit those documents into evidence.
DO: Relevancy.
KB: I would ask that um Miss Opri be refrained from making evidentiary objections in this matter, where she says they don’t have a dog in this fight and we’ve already said that they haven’t shown that they have any standing in the burial issue. Um and it seems like I’ve got opposition here, quite sufficient to deal with this issue.
Nancy Haas: We, we need to protect the record, in this case. We do have a dog in this fight. This morning, this court clearly acknowledged that the issues are intricately intertwined, and we need to maintain our standing, your Honor. We don’t intend upon objecting frivolously but when there are important matters, that affect this proceeding, we feel that we have the right to do so.
KB: Then I would request that Florida counsel, be the one, one party, not all three of them, to object to Florida evidentiary rulings of this court, your Honor.
Seidlin: We’ll see how it goes on that issue.
NH: Thank you, your Honor.
JO: Your Honor, regarding who talks for whom in this court.
Seidlin: I want to hear this…I appreciate it, Texas….have a seat. Let’s get moving.
JO: My objection is that she was talking to the judge.
Seidlin: I heard you, you’re getting hungry for lunch. I’m going to let you take a break soon.
JO: No, I’m not hungry for lunch, your Honor. That’s not the issue.
Seidlin: Alright. we’re moving ahead.
KB: At a certain point, a decision was made as to where Daniel would be buried. Is that correct?
HKS: That’s correct.
KB: Who made that decision?
HKS: Anna made that decision.
KB: And, your Honor, may I approach? Mr. Stern, I’m going to ask you to take a look at some documents, that we have marked as petitioner’s Exhibit “B”. Can you tell me what those documents are?
HKS: These are the contracts and certificate of ownership for the two double plots, which were ultimately purchased at Lakeview Memorial Gardens and Mausoleum.
KB: Who signed those documents, Mr. Stern?
HKS: I signed the contract for them.
KB: Why did you sign. Why didn’t Miss Smith sign that contract?
HKS: Well, just to sort of put in context, what life was like after Daniel passed away. Um for the most part, uh Anna didn’t leave her room. There were times when we snuck out at night. But much like it is now, there was media surrounding the house, and what everybody was after was pictures of Anna Nicole. And this was particularly true, prior to the time that Daniel was laid to rest. Now, if I can just add…..
JO: Objection. “Just add”….is non-responsive
Seidlin: Yes, good. New question.
JO: May I see the document you discussed with the witness, because I don’t know what…
Seidlin: She hasn’t attempted to admit it into evidence, but let me give you an opportunity to review it. He is going to want to voir dire that document.
[Barth takes document from HKS and gives to JO. Ron Rale whispering in Barth’s ear]
Seidlin: Did she have an attorney represent her when she bought that house in the Bahamas?
HKS: She sure did. The attorney was Callenders and Company. That law firm was also the firm that had a deed entered in somebody else’s name.
Seidlin: What did a house like that go for in the Bahamas?
HKS: It was uh it was $900K. There’s uh…..again that’s the subject matter of litigation.
Seidlin: Yes, I understand.
KB: How was the plot paid for, Mr. Stern?
HKS: Uh, it was paid for by Anna, through a bank check from Ansbacher bank at her account at Ansbacher bank
KB: Are you aware, do you have any knowledge as to how the banking relationship went between Anna and Ansbacher bank? If you know.
HKS: Yes I do. I have and understanding of that.
KB: Can you tell me?
JO: Your Honor, I object. This must be based on hearsay it’s not based on any document I see. And the document showing that relationship would be the best evidence of what. happened.
Seidlin: Let me ask you to proffer….what do you want to prove?
KB: Well, I’m going to introduce the letter that Anna Nicole wrote, to the bank, instructing the bank to pay for the burial plots, and then I’m going to offer it to the court as written testamentary intent.
JO: If I could see it, maybe we don’t have a problem.
KB: Absolutely.
Seidlin: Show it to me.
KB: You might stipulate? Imagine that.
JO: Show it to me.
KB: I have the original under the business records exception, your Honor. Mark this as “C” please.
SB: Your Honor, I’d like to object, this is hearsay. And also a letter from Anna Nicole, is not a business records exception.
Seidlin: Objection, so noted.
JO: We assert the same objection, your Honor.
Seidlin: So noted.
KB: We have declarent unavailable, your Honor.
NH: Your honor, declarent unavailable is a two part hearsay objection. Not only does the declarent have to be unavailable, it has to be a statement against interest. They haven’t established that for any of Anna Nicole’s statements in this case. That would be our standing objection. It’s very important. You can’t just let Anna Nicole’s statements come in without establishing the second part of the objection.
Seidlin: You are learning probate, fast.
SB: Judge there is no authentication of the signature by a handwriting expert either. It could have been signed by anyone.
Seidlin: I’m admitting these documents. When you….when you move to admit them, they’ll be marked as evidence. You’ll attack the weight of the admissibility. You’ll attack the weight of the evidence.
NH: Also, we’d like you, your Honor, please to advise Miss Barth to provide us with copies of anything that she is admitting as well. We haven’t seen copies of any of these documents.
Seidlin: That’s what I talked about at the beginning…that..
KB: It was my understand that they were losing their seats and I apologize your Honor, if I’d had more time….I just don’t have the copies, I’ll be happy to show them, and not work off of them…
Seidlin: I said that it was going to go fast and furious and you didn’t get a chance to take depos. I set that stage.
KB: I would say that again on all these evidentiary objections, the most important thing is that, you know, hearsay is to protect the truth of the matter asserted and we are going for state of mind….
Seidlin: You prevailed on that motion. You can proceed.
KB: Thank you, your Honor.
JO: Uh, now that I’ve seen the document, there is more than a letter here. Something else has been stapled and I object to that.
Seidlin: Let it be so noted. Next.
Thanks for the transcripts ACR - I noticed the following;
HKS:It was actually the night that Daniel came to the Bahamas to visit to see his baby sister is the night that he passed away.
HE DIED AT NIGHT??????????????????????????? OH REALLY??
HKS:We looked into plots uh at the cemetery in Westwood. There was an expense issue, frankly. We also looked at other plots in Forest Lawn, I believe in Burbank and the way it worked is that I had um my mother and then also a friend of Anna’s, the same person who Daniel was staying with, they went out there and they took pictures of the plots and emailed them back.
SO DANIEL COULD HAVE BEEN EXHUMED AND BOTH OF THEM BURIED IN THE USA?????????????????????OH REALLY????
HKS:Um for the most part, uh Anna didn’t leave her room. There were times when we snuck out at night. But much like it is now, there was media surrounding the house, and what everybody was after was pictures of Anna Nicole. And this was particularly true, prior to the time that Daniel was laid to rest.
EVERYBODY WANTED PICTURES FOR WHICH I WOULD GET NO MONEY???????? OH REALLY???
Thank you, thank you, thank you!