Anna Nicole Smith ~ DIED OF UNKNOWN CAUSE ~ will the real father please stand up

[need_a_Disney_fix]

More food for thought...

From AccessHollywood.com

EXPLOSIVE NEW CLAIM: SMITH CHOKED ON HER OWN VOMIT
HOLLYWOOD, Fla. (February 8, 2007) -- According to a credible source, an employee of Anna Nicole Smith found her in her room in the Hard Rock Hotel and Casino in Hollywood, Florida. The employee pulled back a sheet and discovered that she appeared to have choked on her own vomit.

The same source claims that Smith took what was referred to as a "children's sedative," and had "kept passing out" before her death.

AccessHollywood.com has learned from this same source that one of the attending physicians at Memorial Regional Hospital was Dr. Randy Katz. When we contacted Dr. Katz, he acknowledged that he was indeed an attending physician, but Dr. Katz would not comment on any specifics related to his care of Smith.

and this from ETonline.com

ET confirms that ANNA NICOLE SMITH died Thursday afternoon at a Florida hospital after she was found unresponsive in her hotel room. She was 39.

In new developments, close friends of Anna's, including her personal psychiatrist KHRISTINE EROSHEVICH, tell ET she had been running a fever in the days before her death, which reached as high as 105°. She was given anti-viral medication and her temperature dropped below 100° -- allowing her to fly to Hollywood, Florida. Her fever had broken by Wednesday. That afternoon, she fell in the bathroom and hit her head. She said she was feeling fine, had a meal and went back to bed.

Sources tell ET that back in December Anna was actually found unconscious in the bottom of the pool at her Bahamian home. Discovered by partner HOWARD K. STERN, her bodyguard was able to revive her. She also reportedly often talked about suicide, asking, "Is there any way for me to join Daniel (her deceased son)?" According to Eroshevich, it was a constant battle for Anna between those urges and her love for her newborn child.

ET also breaks news that Anna had planned to wed Stern in the Bahamas on February 23rd, 2007. Our own MARK STEINES had been invited to the ceremony.

In the matter of paternity, DEBRA OPRI, attorney for LARRY BIRKHEAD, has requested that Anna Nicole's attorney, RON RALE, attend an emergency proceeding this morning at 8:30 a.m. in Los Angeles regarding the fate of Dannielynn. Birkhead is seeking a paternity test to determine whether or not he is indeed Dannielynn's biological father, and Opri has asked for an immediate DNA test of Anna's body.

An autopsy is taking place this morning in Florida.

Upon hearing of her passing, Anna Nicole's sister, DONNA HOGAN, released the following statement to ET: "On behalf of the Hogan Family, we are saddened and heartbroken by my sister's death. No matter what our differences have been over the years, Anna was still our blood and she will be missed terribly. She was a woman who was determined to get out of her small town in Texas and make a name for herself.

"She became an international star and she was a good mother to DANIEL; there is no doubt that her son loved her. They lived out of each other's pockets while he was alive and now they can finally be together again in Heaven.

"We feel that the death of her son left her deeply saddened, a sadness she hid from everyone. As a mother of three children, I am anguished by this tragic event and the fact that her new baby daughter DANNIELYNN HOPE is now without a mother."

The actress and TRIMSPA spokesperson was staying at the Seminole Hard Rock Hotel and Casino in Hollywood, Florida, where she checked in on Monday.

On Thursday, she retired to her bedroom to take a nap. When she did not wake after a few hours, she was checked on and found unresponsive. Her eyes were also dilated.

Florida authorities held a press conference this afternoon to confirm the details of her death:

At 1:38 p.m. Eastern time Thursday, a female private nurse in the sixth-floor hotel room with Anna Nicole called the hotel front desk operator, who has 911 access, for help. Only the nurse was in the room with Anna Nicole at this time. It is not known why a private nurse was with her.

At 1:45 p.m., a bodyguard arrived in the room and administered CPR to Anna Nicole.

When the emergency response team arrived, they found Anna Nicole unconscious and unresponsive. She was then rushed to Memorial Regional Hospital, about three blocks away from the hotel.

At 2:49 p.m., Anna Nicole was pronounced dead.

The incident is not being treated as a crime.

Stern traveled to Florida with her, but it is not known if he was present at the time.

ALEX GOEN, CEO and founder of TRIMSPA, released a statement on Thursday concerning Anna's tragic death:

"Today, Anna Nicole Smith's grief-stricken and tumultuous personal life came to an end. Anna came to our Company as a customer, but she departs it as a friend. While life for Anna Nicole was not easy these past few months, she held dear her husband, Howard K. Stern, her daughter, Dannielynn Hope, her most cherished friends, beloved dogs, and finally, her work with TRIMSPA.

"Anna knew both the joy of giving life, and the heartache of losing a child. We pray that she is granted the peace that eluded her more recent days on earth, and that she find comfort in the presence of her son, Daniel."

 

[Disney1fan2002]

I had a friend who worked in a video store and looked up what I rented, and THAT pissed me off.

Another poster said (paraphrasing) that they were surprised she would use drugs, especially after her own son died of an overdose. But a drug addict wouldn't necessarily think like that...if it were that easy to get off drugs, they wouldn't be addicts. Especially if she's been medicating herself for many years, I can't imagine a bigger "need" to medicate oneself than after the death of a child, and in her case, it seems, one of the few people ever in her life that gave her that unconditional love she craved.

I totally agree. A person who has had drug prpblems would not lose a child and say, "Ok, I think i need to straighten up now." They would use the drugs the numb the pain. Only problem is, there is no numbing of that pain.

My brother died unexpectedly on Father's Day 2003. My dad was 69 years old, and had been alcoholic his whole life. He went to the bottle to drown his pain, only problem, he found out that even though he used alcohol as a crutch for all the crap life had thrown at him, it was not working for what he needed it to work for. He found out that no matter how much he drank, the pain was still there, his son was still gone.

Dad died in Feb. 2004. He had just buried a son in June 2003, and in Nov. 2003 he found out his oldest son had an inoperable brain tumor. He already knew alcohol was not going to help him. He had pnumonia, and when he was told my brother was having brain seizures, he went unresponsive. It was the most incredible thing in the world. We truly believe he gave up the will to live, and just died.

Anna was finding out the cold hard truth about losing a child, time does not heal the pain. Drugs do not take away the pain. The pain is real, the child is gone. She had to live with that everyday, and on top of it, she had a new baby to care for. Maybe it was not a drug overdose or a reaction to drugs. News reports say she had a fever the night before. Maybe she was ill with something, and just gave up the will to live, like my dad.

 

[MaryAnnDVC]

Disney1fan2002,

 

[hemispheredancer]

So she aspirated her own vomit? If so, where is this nurse that was supposed to be in the room at the same time?

 

[Mono~rail]

I think there is too much "news" speculation right now. The autopsy is probably going to reveal information that no one suspected. The "news" is just speculating to have something to say because no one knows *why* she died just yet. When one scenario has been talked about ad nauseum another one gets started.

 

[DreaminDisney]

I totally agree. A person who has had drug prpblems would not lose a child and say, "Ok, I think i need to straighten up now." They would use the drugs the numb the pain. Only problem is, there is no numbing of that pain.

My brother died unexpectedly on Father's Day 2003. My dad was 69 years old, and had been alcoholic his whole life. He went to the bottle to drown his pain, only problem, he found out that even though he used alcohol as a crutch for all the crap life had thrown at him, it was not working for what he needed it to work for. He found out that no matter how much he drank, the pain was still there, his son was still gone.

Dad died in Feb. 2004. He had just buried a son in June 2003, and in Nov. 2003 he found out his oldest son had an inoperable brain tumor. He already knew alcohol was not going to help him. He had pnumonia, and when he was told my brother was having brain seizures, he went unresponsive. It was the most incredible thing in the world. We truly believe he gave up the will to live, and just died.

Anna was finding out the cold hard truth about losing a child, time does not heal the pain. Drugs do not take away the pain. The pain is real, the child is gone. She had to live with that everyday, and on top of it, she had a new baby to care for. Maybe it was not a drug overdose or a reaction to drugs. News reports say she had a fever the night before. Maybe she was ill with something, and just gave up the will to live, like my dad.

This is very sad. I'm sorry for all the loss in your life. My heart goes out to you.

I too would think time does not heal the pain of losing a child.

 

[tinatark]

As distsy as ANS seemed, she did a lot of smart things - having people in her life sign confidentiality agreements, etc. I am sure her will was updated after her sons' death. If it turns out that neither of the reported "fathers" are the father, she would have listed a guardian for her daughter, NOT her family, which I understand she has been estranged from for many years.

I think HKS will go back to the Bahamas, or even disappear to avoid Dannielyn being tested/ given to the other guy. Not sure how US court orders are enforced in their country of residence.

I did see the interview, she was extremely depressed over her inability to go out into public, as well as having to keep her daughter hidden from the paparazzi.

Interestingly, she announced her pregnacy, which was the first I had heard about her in awhile, aside from the court battle. After her announcement, I didn't hear anything about her until the baby was born or was about to be born. I kept thinking I would see a pregnant picture of her - never saw one. She did a good job of staying out of the limelight while pregnant. Looks like she had lost her weight afterwards, too.

Did you all know she was almost 6 feet tall? I guess I had heard that before, but she was TALL!

 

[AuntieM03]

Since your mother-in-law violated HIPAA regs by sayign this, you probalby don't want to post it on the Internet. You could get her in trouble.

And tell your MIL I said shame on her. A healthcare professional should divulge information about any patient...even a famous one.

 

[Minnie824]

I haven't read this whole thread, but doesn't anyone find the whole situation suspicious? I mean, her son died, now she died, and her new baby stands to inherit tons of money. I would be questioning the lawyer/possible father.

 

[luvwinnie]

Just saw this on CNN:

Authorities investigating Smith's death retrieved a "large amount" of prescription medicine from her hotel room, law enforcement sources familiar with the investigation said. The sources did not characterize any of the drugs as illegal.

Her attorney and the reporter who last interviewed her said Smith was ill in the days leading up to her death.

 

[Deb in IA]

With her death, the legal ramifications are astounding.

So many questions and issues, that I think will take years and years to sort out.

Her claim on late husband's J. Howard Marshall II's oil fortune is still in litigation.

Her marital status, the paternity and custody of her daughter, her legal residence, the status of a class action lawsuit against her and Trimspa, and whether or not a will exists are all up in the air.

It may take years to resolve Smith's legal affairs
Ex-model's death could leave baby with millions of dollars, or nothing at all


Updated: 23 minutes ago
HOLLYWOOD, Fla. - With major legal issues undecided, Anna Nicole Smith’s legacy could take years to untangle and could leave her baby daughter with millions of dollars or nothing at all.

Smith’s battle over her late husband J. Howard Marshall II’s oil fortune with the family of his son grinds on in Texas. And there is a pending class action suit seeking unspecified damages against Smith and TrimSpa Inc., alleging the company’s marketing of a weight-loss pill with Smith as spokeswoman was false and misleading.

Meanwhile, two men are contesting the paternity of Smith’s 5-month-old daughter Dannielynn, with an emergency hearing in the case planned for Friday in Los Angeles.

Experts say the custody decision could determine the child’s inheritance.

Attorney Howard K. Stern, Smith’s most recent companion, is listed on Dannielynn’s birth certificate as her father. If it is determined he is the biological father and if he was legally married to Smith — which has yet to be established — Stern, not Dannielynn, would likely inherit Smith’s estate, experts say.

Smith’s former boyfriend, Larry Birkhead, says he is the girl’s father.

If Smith and the biological father were not married and Smith left no will, the father and child likely would split her assets, according to Christopher Cline, an estate planning lawyer with the firm of Holland and Knight.

“It’s a really large legal quagmire,” said Cline, who enumerated some of the many questions hanging in the balance.

“I’ve never seen a case with more moving parts,” he said, comparing the legal morass in its complexity with unraveling the estate of billionaire Howard Hughes — albeit with less money involved.

Cline outlined a series of crucial questions that range from the paternity of the child to Smith’s country of residency and, most importantly, whether she had a will. If there was a will, Cline said, questions would arise about where it was drafted and signed. If she did not have a will, the laws of her country of residence would apply.

She had been living in the Bahamas recently and gave birth to her daughter there in September.

The baby was being cared for in the Bahamas by the mother of Shane Gibson, the Bahamian immigration minister who is a close friend of Smith’s, People magazine reported on its Web site, citing unidentified sources.

A visibly shaken Gibson declined comment as he was leaving his office Thursday night, and he has not responded to several message left by The Associated Press seeking comment.

Smith’s mother, Virgie Arthur, said she had no plans to press for custody.

“I want her to be with her father whichever that one is, but I want to be involved in her life,” Arthur said Friday on ABC’s “Good Morning America.”

Other questions that will need to be answered are whether she was married at the time of her death, and how her death affects the lawsuit still pending against her late husband’s estate.

Years of court battles?
Experts in Texas, where Smith fought for millions of dollars in inheritance, said the court battles will go on.

“The claims will survive to her estate,” said Charles W. “Rocky” Rhodes, a South Texas College of Law professor who has followed the complicated series of lawsuits involving Smith and the family of her dead husband.

“In criminal cases like we had with Ken Lay, where the defendant died, it was over,” he said. “But in civil cases where the claim is for money, your estate and the heirs you have from the estate are able to continue the litigation in the name of the representatives of the estate.”

E. Pierce Marshall, her late husband’s son who had been fighting her over his father’s estate, died in June. But the Marshall family vowed to continue the fight.

Family lawyer Mark Vincent Kaplan of Los Angeles, who has handled many celebrity paternity cases, said he believes Stern initially will receive custody of the child because he is listed on the birth certificate.

“The paternity test should be expedited,” he said, “because if he is not the bio dad he has no rights to custody. But I predict there will be a will saying that Howard K. Stern is the father.”

He added that another complication could arise if Stern was the lawyer who drew up the will and may be listed as the executor.

“By law, he can’t be both the executor and the beneficiary,” Kaplan said.

The Smith saga has been filled with so many deaths, Kaplan said, that lawyers are beginning to talk about a curse on the litigation. Just five months ago, Smith’s 20-year-old son Daniel died suddenly in the Bahamas in what was believed to be a drug-related death.

http://www.msnbc.msn.com/id/17063518/

I think you could write a law textbook on this case . . .

 

[Sandy22]

More food for thought...

ET also breaks news that Anna had planned to wed Stern in the Bahamas on February 23rd, 2007. Our own MARK STEINES had been invited to the ceremony.

Well Howard may have been an enabler and controlling but there's no way he would have killed her before they were legally married.

 

[JunieJay]

Did you all know she was almost 6 feet tall? I guess I had heard that before, but she was TALL!

Aren't most models almost 6 feet tall? I didn't know how tall exactly she was, but I figured in the 6 foot range.

 

[MaryAnnDVC]

Family lawyer Mark Vincent Kaplan of Los Angeles, who has handled many celebrity paternity cases, said he believes Stern initially will receive custody of the child because he is listed on the birth certificate.

I don't get this. With the question of paternity coming up from the very beginning after she was born (or before), I can't see why giving the child to Stern initially makes sense. It isn't like there are suddenly men coming out of the woodwork after ANS's death to claim paternity (and therefore, any inheritance). Add to the situation questions about his possibly involvement in Daniel's death, or ANS's death, and "in the best interest of the child" I just can't see them doing that.

But, that article Deb posted...yikes. The implications of everything in this case are mind-boggling. What if the people who have the baby now in the Bahamas won't hand her over to the US for the paternity test? Do they have to, legally?

And what the heck does this mean?

“The paternity test should be expedited,” he said, “because if he is not the bio dad he has no rights to custody. But I predict there will be a will saying that Howard K. Stern is the father.”

Wills don't determine who the father is...DNA tests do. You can name guardianship, but you can't establish paternity in a will.

If Smith and the biological father were not married and Smith left no will, the father and child likely would split her assets, according to Christopher Cline, an estate planning lawyer with the firm of Holland and Knight.

Why would the father get anything if he's not legally married to the mother? It's been a while since I took a law class, but I don't recall ever seeing "mom's boyfriend" in Descent and Distribution Laws. But what do I know.

 

[TLHB70]

I like to visit and read Court TV message boards when there are big cases like this. (especially during Scott Peterson's trial!!!!) There have been some interesting posts about ANS.
I thought you all might like to check it out.
http://boards.courttv.com/forumdisplay.php?forumid=319

 

[mickeyboat]

TLH - I followed your link and read a little. Now I understand why LB wants a sample of ANS's DNA - in case she switched the babies so that LB would not be found the father once the baby was tested. Interesting.

Denae

 

[lovemygoofy]

TLH - I followed your link and read a little. Now I understand why LB wants a sample of ANS's DNA - in case she switched the babies so that LB would not be found the father once the baby was tested. Interesting.

Denae

MSNBC is reporting that a judge just ruled out an emergency DNA test from ANS. Hmmm whats going to happen to that poor baby? I hope that Howard guy doesn't run off with her.

OOPS more: the judge has now ordered the body to be preserved until at least Feb 20. So no funeral, thats just sad for anyone that loves her.

 

[Beth76]

Well Howard may have been an enabler and controlling but there's no way he would have killed her before they were legally married.

That's a very good point. Although I wonder if that tidbit was a plant from Stern.

This whole thing is just so bizzare. I mean why are there questions about paternity still and whether or not they were married? That kind of stuff can (or at least should) be determined quickly.

 

[Robinrs]

I totally agree. A person who has had drug prpblems would not lose a child and say, "Ok, I think i need to straighten up now." They would use the drugs the numb the pain. Only problem is, there is no numbing of that pain.

My brother died unexpectedly on Father's Day 2003. My dad was 69 years old, and had been alcoholic his whole life. He went to the bottle to drown his pain, only problem, he found out that even though he used alcohol as a crutch for all the crap life had thrown at him, it was not working for what he needed it to work for. He found out that no matter how much he drank, the pain was still there, his son was still gone.

Dad died in Feb. 2004. He had just buried a son in June 2003, and in Nov. 2003 he found out his oldest son had an inoperable brain tumor. He already knew alcohol was not going to help him. He had pnumonia, and when he was told my brother was having brain seizures, he went unresponsive. It was the most incredible thing in the world. We truly believe he gave up the will to live, and just died.

Anna was finding out the cold hard truth about losing a child, time does not heal the pain. Drugs do not take away the pain. The pain is real, the child is gone. She had to live with that everyday, and on top of it, she had a new baby to care for. Maybe it was not a drug overdose or a reaction to drugs. News reports say she had a fever the night before. Maybe she was ill with something, and just gave up the will to live, like my dad.

Wow... I'm so sorry Disney1Fan... to lose your Dad and your brother...

I had an aunt who just willed herself to die, too, after the death of two of her sons. She just went to bed and as the family said, "willed herself to die". I was young at the time and didn't understand but remember hearing my Mom say "I wouldn't want to outlive MY children either.."...

After outliving my own son and knowing that unbearable pain I do understand how weak it can make you. I was blessed to have a wonderful support system and the loving hand of God to get me through it, though. Poor Anna, she had nothing but leeches and naysayers in her corner.

 

[Robinrs]

With her death, the legal ramifications are astounding.


I think you could write a law textbook on this case . . .

Truer words were NEVER spoken...

Somehow I hear a Lifetime story in the works.