No Cause Yet Found in Death of Anna Nicole Smith
ANDERSON COOPER, CNN ANCHOR: Good evening, everyone. Tonight: a story that certain governments simply don't want you to see. It's about a mysterious rebel army, their bloody exploits, and oil. We need it. They want control of it. And they're taking hostages to get it. But first tonight: a medical puzzle and a legal free-for-all, the fight over Anna Nicole Smith. How did she die? What happens now to her child? Who gets her millions, if, in fact, she's even got millions? As CNN's Jeffrey Toobin put it earlier today, Anna Nicole Smith did not live an ordered life. Chaos followed her around. And it follows her still in death. We will look at that tonight, as well as the results of her autopsy. Details on that from CNN's John Zarrella.</s>DR. JOSHUA PERPER, BROWARD COUNTY, FLORIDA, CHIEF MEDICAL EXAMINER: We do not make a determination of the cause and the manner of death.</s>JOHN ZARRELLA, CNN MIAMI BUREAU CHIEF (voice-over): After a six- hour autopsy, it could still be three to five weeks before tests determine how Anna Nicole Smith died. But, today, we know how she didn't die.</s>PERPER: The autopsy was able to exclude any kind of physical injury, such as blunt-force trauma, gunshot wound, stab wounds, or asphyxia.</s>ZARRELLA: The chief medical examiner said, no tablets or pills were found in Smith's stomach.</s>PERPER: There are no findings which would indicate continued drug abuse.</s>ZARRELLA: Here is what we have learned from law enforcement sources about that happened Thursday. A private nurse was in the room with Smith. At about 1:39, she noticed Smith not breathing. The nurse called the bodyguard, who came in and began CPR. Nurse then called Howard K. Stern, Smith's companion. She can't reach him right away. Only after he calls back does the nurse call front-desk security, which called 911. It is not yet clear how much time elapsed before 911 was called, but a source close to the investigation told us -- quote -- "It was a longer-than-usual delay" -- end quote. Smith's attorney said she had fever for several days. The medical examiner said, Smith could have died as a result of natural causes, or medication, or a combination of the two. Seminole police say:</s>CHARLIE TIGER, SEMINOLE, FLORIDA, POLICE CHIEF: At this point, no evidence has been revealed to suggest that a crime occurred. We found no illegal drugs, only prescription medicines.</s>ZARRELLA: Smith tried to commit suicide in the Bahamas after the death of her 20-year-old son, Daniel, in September, "Entertainment Tonight"'s Mark Steines said today on CNN's "</s>AMERICA MORNING." (BEGIN VIDEO CLIP, "AMERICAN MORNING") MARK STEINES, "ENTERTAINMENT TONIGHT": We have found out that, after the death of Daniel, at some point, Anna did jump in her pool, attempt suicide at that point, and was found by Howard face down in the pool. Howard screamed for help. Her bodyguard, Moe (ph), came out, who is a -- who is paramedic, and took her from the pool, administered CPR, and -- and saved her life at that point.</s>UNIDENTIFIED MALE: That's Anna Nicole Smith.</s>ZARRELLA: This year, on January 6, a smiling, but subdued Smith attended a boxing match held at the Hard Rock Hotel and Casino by fight promoter Don King, one of her final public appearances, ironically, at the same hotel where she died.</s>COOPER: John, how long did this -- this autopsy examination go?</s>ZARRELLA: The autopsy took right at about six hours, Anderson. And, you know, now, here at the -- the coroner's office here in Broward County, there's been a lot of extra security, both inside and both outside, simply because of the -- the notoriety, the -- the star power of the person involved -- Anderson.</s>COOPER: So, what now are they looking for? I mean, what other tests are being done that we know about?</s>ZARRELLA: Well, you have to have all the toxicology and the blood work. They have to get inside the organs and check further in the organs. And they have to get all those results back. And that, again, is going to take up to five weeks. And it will only be after they get those results in that they are really going to be able to pin down a cause of death, because, quite clearly, it is not an obvious cause of death -- Anderson.</s>COOPER: All right, John Zarrella, thanks for the reporting. In addition to being Joshua Perper's former boss, Dr. Cyril Wecht performed an autopsy on Anna Nicole Smith's son. He joins us now from Pittsburgh.</s>COOPER: Dr. Wecht, no pills were found in her stomach. Does that negate the idea of -- of an overdose? Is it still possible that she overdosed?</s>DR. CYRIL WECHT, FORENSIC PATHOLOGIST: Yes. In the majority of cases in which I have performed autopsies on people who are later to found to have died from drug overdose, pills and capsules, the residual components, were not found in the stomach. Keep in mind, especially if the stomach is empty, devoid of food, the gastric juices begin to work quickly. The pills and capsules, the granules that they're in, must then be absorbed, get into the bloodstream, in order to act on the central nervous system, which is what leads to death, when the brain is affected. That takes some time, usually a good absorption, 30, 40 minutes on an empty stomach, an hour if there is some food, and maybe up to two hours if there is a -- a good amount of food. So, by that time, Anderson, you see, the pills have all been broken down. So, as far as I am concerned, based on my experience, the absence of any evidence of pills or capsules in Anna Nicole's stomach does not rule out the possibility of this having been a drug death. I do agree with the medical examiner. One must wait for the toxicological analyses, the microscopic examination of tissues. And probably virology and bacteriology studies were performed, too. The slides are going to be on the doctor's desk Monday or Tuesday, at the latest, for him to examine microscopically. The toxicological results will be back much sooner than three to five weeks, some, I'm sure, in the early, mid part of next week, but not in finality. But I do not criticize his conservative approach. I think it's wise to allow more time, and to, you know, not have everybody constantly on your back in such a frenzied state. But I do believe that this medical mystery will be resolved. I think that there is going to be an unequivocal finding as to the cause of death. And I do believe that it is going to be something, other than suicide or homicide. It's either going to be natural or accidental.</s>COOPER: There was no evidence of physical injuries, no blunt- force trauma or asphyxiation, and, the police say, no evidence a crime occurred. Can foul play be ruled out?</s>WECHT: Well, yes, unless if somebody is alleged to have given her drugs, and if those drugs are found to have been the cause of death. So, number one, we still have to know the cause. Let us assume -- and this is purely conjectural -- that drugs are demonstrated to be the cause of death. Someone is going to have to establish that these drugs were given to her with criminal intent. And based on what I have heard, the nurse in the room, and so on and so forth, there is no evidence of that. These allegations, these somewhat subtle, sly innuendoes that Howard Stern may have killed her, and maybe he killed Daniel Smith back in September, you know, I just think this is -- this is terrible. It's enough of a tragedy that this young, vivacious woman is dead, that a baby is left without a mother, that all of this ugly business is going with who is the father, and who owns the real estate, and who is going to inherit all the money, and so on.</s>WECHT: To throw on top of that...</s>COOPER: Sure.</s>WECHT: ... suspicion of -- of serial murder is -- is -- is getting into the realm of the bizarre.</s>COOPER: And we're certainly not doing that tonight.</s>WECHT: No, no, no. I'm not...</s>COOPER: No, no. I know. I know. I know. I know.</s>COOPER: Certainly, it's -- it's out there. It's floating around out there, though. You know, there are people who have -- need stuff to talk about.</s>WECHT: Yes.</s>COOPER: That's one of the things they're talking about. But -- but in terms of -- you -- you said it is possible it was a natural death. Isn't it unusual for a 39-year-old woman to die, I mean, that -- that -- in this manner?</s>WECHT: Absolutely. I will tell you this. I assume that, since no mention was made of other potentially lethal natural disease, catastrophic events, such as massive pulmonary embolism, blood clot to the lungs, a massive stroke, a heart attack, a classical heart attack, and so on, these were not found. The only thing, I believe, that remains as a possibility to explain death as a natural disease process is a viral myocarditis, inflammation of the heart muscle fortuitously along the conducting pathway mechanism, the pathway of special nerves that controls our heartbeat. If that is not found -- and those slides will be examined within the next couple days, into the week, allowing for the weekend -- if that is not present, then, you can look for the toxicological results to give you the ultimate answer as to this tragic death.</s>COOPER: All right, Dr. Cyril Wecht, we appreciate your expertise.</s>WECHT: Thank you.</s>COOPER: Thank you.</s>WECHT: Thank you.</s>COOPER: From how she died now to the daughter that she leaves behind, a 5-month-old little girl named Dannielynn, who now is at the center of a legal mess that will likely go on for years. Here is CNN's Brooke Anderson.</s>BROOKE ANDERSON, CNN CULTURE AND ENTERTAINMENT CORRESPONDENT (voice-over): Anna Nicole Smith created a sensation wherever she went. And now, even in death, she still can't rest in peace -- not yet.</s>DEBRA OPRI, ATTORNEY FOR LARRY BIRKHEAD: Judge Schnider of Los Angeles Superior Court wants the remains of Anna Nicole Smith to be preserved, pending the February 20 hearing.</s>ANDERSON: Debra Opri, lawyer for Larry Birkhead, one of the men claiming to be the father of Anna Nicole's 5-month-old baby girl, Dannielynn Hope, went to court, seeking an emergency DNA test of Anna Nicole's body to help confirm who the baby's parents are. Her motion was denied.</s>RON RALE, ATTORNEY FOR ANNA NICOLE SMITH: I'm trying to think of a word I can use in front of the media. But that's a bunch of nonsense.</s>ANDERSON: Ron Rale, Smith's attorney, called today's closed-door courtroom hearing ludicrous and disrespectful.</s>RALE: I just didn't like the idea of trying to get her DNA, giving me notice of a court appearance right after she died to come to court here on what I consider a frivolous appearance, which was denied.</s>ANDERSON: The mother's DNA isn't necessarily required to determine who the father is. Opri wanted Smith's DNA for a different reason.</s>OPRI: It is very important that the DNA connect Anna with the baby being tested. We do not want a bait-and-switch.</s>ANDERSON: What is at stake here? The custody of Smith's 5- month-old daughter and inheritance that could be worth millions for the surviving parent of Dannielynn. So, who is the biological father of Dannielynn Hope? (</s>BEGIN VIDEO CLIP, "LARRY KING LIVE") LARRY KING, HOST, "LARRY KING LIVE": So, you are the father?</s>HOWARD K. STERN, PARTNER AND ATTORNEY FOR ANNA NICOLE SMITH: Yes, sir.</s>KING: OK. What do you make of that?</s>LARRY BIRKHEAD, FREELANCE REPORTER AND PHOTOGRAPHER: It is just one big lie.</s>ANDERSON: Two men, Howard K. Stern and Larry Birkhead, both tell CNN they are the baby's daddy. But just who are these potential fathers? Larry Birkhead is a Los Angeles-based freelance reporter and photographer. He claims to have had an intimate two-and-a-half-year relationship with Smith, at one point resulting in a miscarriage. (</s>BEGIN VIDEO CLIP, "LARRY KING LIVE") BIRKHEAD: Actually, Anna asked me to -- to marry her several times throughout the relationship.</s>ANDERSON: Howard K. Stern was Smith's longtime lawyer and friend. He was frequently featured alongside the star during her cable reality show. He says he had an intimate relationship with Smith.</s>STERN: Because of my relationship as her lawyer, we felt that it was best to keep everything hidden.</s>ANDERSON: Both men say the other had no intimate relationship with Smith. Just when you thought the drama couldn't get stranger, another character came crawling out of the Hollywood woodwork. Prince Frederick von Anhalt, husband of actress Zsa Zsa Gabor, claimed today that he had a 10-year affair with Smith, suggesting he might be the baby's daddy.</s>PRINCE FREDERICK VON ANHALT, HUSBAND OF ZSA ZSA GABOR: There are lots of people who could be the father.</s>UNIDENTIFIED MALE: Could you be the father?</s>VON ANHALT: I don't know. I mean, you know, sometimes I'm a bad boy, yes.</s>COOPER: A bizarre press conference. We're going to talk about that a little bit later on. But did today's hearing really clear anything up?</s>ANDERSON: Anderson, short answer to that, no. The motion filed by Debra Opri, attorney for Larry Birkhead, of course was denied by the judge today. A full hearing was scheduled for February 20. And what that means, in part, is that a burial or cremation of Anna Nicole's body will be delayed, because the judge ordered that her body remain in Florida and be preserved there until at least February 20. Now I know we have been talking about this third man, Prince Frederick von Anhalt, tossing his hat into the ring as a potential father. Debra Opri told me tonight that Larry Birkhead is appalled by this claim, and he thinks it's deplorable -- deplorable, rather -- that Prince Frederick would, in his estimation, make light of these very tragic circumstances. Ron Rale, attorney for Anna Nicole Smith, who was in court today on her behalf, said that, eventually, DNA testing will happen to conclusively determine who the father is of that child. What we just don't know right now, Anderson, is when that's going to happen.</s>COOPER: Yes. I'm not sure how much of a prince he really is. But that's another topic.</s>ANDERSON: Right.</s>COOPER: Brooke, appreciate the reporting. Debra Opri, attorney for Larry Birkhead, joins me now. Debra, thanks very much. I know it's been a busy day for you. You requested this emergency DNA collection from Anna Nicole Smith's body because you said you didn't want a bait-and-switch. What does that mean exactly?</s>OPRI: The problem we have here is that there is another child that could be placed into the testing. You have Anna Nicole, who is now deceased. We need to preserve her DNA, and you need to check that the child is her child. And then you need to have Larry Birkhead's DNA. When you get all of that together, and you do your testing of it, Larry Birkhead will be the father.</s>COOPER: Who is this other child who could be switched in?</s>OPRI: Well, we understand that Howard K. Stern has a niece who is similar in age. While we are not accusing him of doing this, it is a concern. It is a valid legal issue. We need to make sure -- and the judge has made an order to that effect -- that Anna, Larry, and the child be tested.</s>COOPER: Anna Nicole's lawyer, Ron Rale, called the emergency filing despicable and ludicrous. I mean, do you really think they would try to switch babies?</s>OPRI: It is not what I think, Anderson. It's the law tells me I have to do. Larry Birkhead lost the mother of his child today and the woman he loved. This child is somewhere in the Bahamas, we think, maybe in Florida, we think. Howard K. Stern, where is he? And we have a body that is sitting in a refrigerator. All of this is -- it's a human tragedy. A DNA test was never given. We now have to go to yet another jurisdiction for this, if our judge determines that he no longer has jurisdiction over Anna Nicole, because she's deceased. And that's another issue. And that's why we're going to be briefing the judge on this on February 20. And that was the delay. Ron Rale, incidentally, made serious misrepresentations to the press. He said that my ex parte was denied. It wasn't denied. He held that the DNA tests was taken from the coroner, and that the body be preserved for 10 days, so that he can be fully briefed on this. He made no rulings either way, other than to order that the body be preserved and not be destroyed until the next hearing.</s>COOPER: Why hasn't there been a paternity test, because Ron Rale said today that it's -- it's your client's fault that there hasn't been a paternity test so far?</s>OPRI: Anderson, I see it and I say it like it is. The test hasn't been done because Anna, through Howard, isn't want -- didn't want to do it. And the test should have been done. And it will be done. And, if I have to spend the next 10 years chasing down that DNA test, I will do it. But Howard K. Stern, when all the smoke clears, Howard K. Stern will not be the biological father. He can put his name on a dozen birth certificates. He can do whatever he wants. I am going to be right there behind him in his shadow, tracing him, tracking him. And I will be in the court, in the Bahamas, to make sure his name is taken off of that birth certificate, so that he loses presumed-father status. I am not going to roll over and play dead. Anna Nicole, I have serious compassion for her. She was troubled soul. But my goal and my objective is to take care of my client and that little, young girl. That's the biggest concern all of us should have tonight, that baby.</s>COOPER: What kind of an impact do you think Howard K. Stern had on Anna Nicole Smith's life? Do you think he would be a fit father?</s>OPRI: No, I don't. Howard K. Stern, seriously, has two people that died on his watch. While nobody should or could make allegations -- that's for law enforcement -- Daniel died of a drug overdose. Anna Nicole, we're still waiting to confirm the cause of her death. Howard K. Stern knew her lifestyle, participated in her lifestyle. And that baby, from our information and our investigation, was in a stage where she shouldn't have been. She is in an environment that she should not be in. And it's time to have child services or someone examine that child. But, you know, oddly they never let child services in.</s>COOPER: Debra Opri, appreciate your perspective. Thank you very much.</s>OPRI: Thanks, Anderson.</s>COOPER: Well, since this story broke, it immediately began to take on elements of a circus. And, today, it seems, they sent in a clown, a man who calls himself Prince Frederick von Anhalt, the latest Mr. Zsa Zsa Gabor. He held a news conference -- you saw part of it in Brooke's piece -- claiming he had an affair with Anna Nicole Smith and might just be the father of her baby. It was one of the stranger news conferences we have seen in recent months. In case you missed it, here are some of the alleged prince's other words of wisdom.</s>VON ANHALT: When I'm with a woman, I don't ask, did you have an affair with somebody before me or what do you do after me? I don't ask that. I have fun. That's all, and out of it.</s>COOPER: Well, you can see why the ladies love him. He also talked about why he liked Anna Nicole Smith.</s>VON ANHALT: She was a girl you could love. She was a girl, what men like, a little bit childish. Men like that. You know, I don't know if you guys like it. I like it. I like when a girl is a little childish. I love that.</s>COOPER: Well, make a note, ladies. Finally, the alleged prince seemed to be a little childish -- childishly coy himself.</s>VON ANHALT: I'm married. I'm happily married. I love my wife. I don't go out on the air and my wife can see me on television and say: I have a child. I have a child here. I have a child there. You know, I screw around. You know, I don't do that.</s>COOPER: You know, no, he certainly would never do that. That's certainly not why he called a news conference today. Up next: what Anna Nicole Smith may have been going through before she died.</s>COOPER (voice-over): Grieving for her son, battling her demons, fighting illness -- what happened to Anna Nicole Smith? We will ask her attorney about what her final days were like. Our story on the rebels fighting over oil created an international incident -- tonight, the story and the mystery behind it.</s>UNIDENTIFIED MALE: We want to be released.</s>COOPER: Why the hostage-taking? And what turns young men into killers, with the power to shut off a country's oil? Ahead on 360.