Friday, February 9, 2007

Anna Nicole's Death: The Key Questions


Following Anna Nicole Smith's death Thursday in Florida, many key questions remain:

How did she die?
Unknown. An autopsy Friday failed to determine a cause of death, but ruled out any obvious trauma from, for instance, gunshot or beating. And the police chief said there was no evidence of a crime. No pills were found in her stomach, a common sign of overdose. Tests will be conducted to determine whether she died of natural causes, of drugs or some combination of the two.

Smith had battled health problems recently and there was a nurse in the hotel room with her. It's not known why the nurse was there, but Smith was hospitalized in November for pneumonia and suffered stomach flu symptoms before her death. Also, Cyril Wecht, the Smith-hired pathologist who believed Smith's son died of a combination of medication and a heart condition, says that Smith could have had the same heart problem.


What's the status of the inheritance?
It had been looking good for Smith. She claimed her late husband, oil billionaire J. Howard Marshall II, promised her millions. After he died in 1995, she tangled with Marshall's son. A California bankruptcy judge awarded Smith $474 million, later overruled by a federal judge who reduced it to $88 million. An appeals court then ruled she was entitled to nothing because the federal courts lacked jurisdiction in a matter that should be handled in Texas state court. But the Supreme Court recently overturned that decision, and allowed lawyers to go the next round in federal court, which is where the case stands.

Would Dannielynn get the inheritance?
Unknown. As Smith's only surviving child – son Daniel died three days after Danielynn's birth – the daughter is theoretically entitled to most if not nearly all of Smith's estate, including any inheritance. Smith's death, however, throws the already tangled inheritance fight into chaos. Also, it's still unknown whether Smith had a will, and, if so, what provisions she made for her daughter. If she died without a will, by law everything would go to Dannielynn. The matter likely will be tied up in courts for years.

Were Howard K. Stern and Anna Nicole Smith ever legally married?
No. They had what they called a "commitment ceremony" on Sept. 28 in the Bahamas, but it was not legally binding under Bahamian or American law. "They were partners, soul mates," says Smith's lawyer.

Who is Dannielynn's father?
Unclear. Both Stern and photographer Larry Birkhead, a former boyfriend of Smith's, claim paternity. A judge in Los Angeles on Friday refused to order an emergency DNA test on Smith's corpse to help determine paternity, but asked that her body be preserved until Feb. 20, when another hearing will be held.

Who will have custody of Dannielynn?
For now, Stern. The Los Angeles judge refused to grant immediate custody to Birkhead, though the matter is far from settled. The question of custody is intertwined with paternity, and the courts will ultimately decide. Currently, Stern considers himself the father and is maintaining custody of the baby, though at the time of Smith's death, the child was in the Bahamas with friends of Smith.

Was she taking drugs at the time of her death?
Unknown, pending tests. Police found prescription medication in her room, but wouldn't disclose the names. No pills were found in her stomach. Smith was under a psychiatrist's care, but it wasn't known whether she was taking drugs as part of her treatment.

Why was she in Florida?
Apparently for vacation. Police say she was a "frequent patron" of the Hard Rock Hotel & Casino in Hollywood, Fla., and had shot a TrimSpa video there last year. She had checked in on Monday and was scheduled to leave on Friday.

Is Stern a suspect?
No. Police so far have found no evidence of a crime. Stern had gone to Florida with Smith, but police have not disclosed whether he was in the hotel room with her when she collapsed. Police interviewed witnesses, but didn't say whether Stern was among them.

Where is Stern?
Unclear. A Bahamian official said Stern returned to the Bahamas Thursday to take custody of Danielynn, but Stern's attorney said he was still in Florida.

How does this affect the investigation into her son's death?
It doesn't. Bahamian authorities will go forward next month with the inquest into 20-year-old Daniel's death last September. Authorities want to hear from Stern, who was present during Daniel's death and was also with Anna Nicole during her trip to Florida.

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