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Paternity Test Blocked For Anna Nicole Smith

This is a partial transcript from "On the Record," January 24, 2007, that has been edited for clarity.

GRETA VAN SUSTEREN, HOST: Well, Anna Nicole Smith, she is still in one hot mess. And tonight, yep, it's even hotter. There is news tonight.

The latest episode in a real life soap opera that features Anna Nicole, her baby daughter Danilynne and two men both claiming I'm the pop. So who is the baby's real father? Anna Nicole's lawyer Howard K. Stern or her ex-boyfriend Larry Birkhead? Bring on the DNA.

California judge ordered a paternity test and the deadline for that test? Yesterday. So what happened? Joining us from California, Anna Nicole's attorney, Ron Rale. Welcome, Ron.

RON RALE, ATTORNEY FOR ANNA NICOLE SMITH: Hi, Greta, thanks for having me. I like your dramatic introduction there.

VAN SUSTEREN: Good. Well, it's never dull. This case has been never dull. You will have to admit that.

RALE: No, it certainly has been. And in fact, I have described it as circus-like but it's definitely not dull.

VAN SUSTEREN: All right. Tell me, why didn't the DNA test, was ordered by a California trial court judge go forward in the Bahamas yesterday? Why didn't it go forward?

RALE: Well, what happened was I gave ex-parte which is emergency notice that I was going to appear in the Los Angeles Superior Court, which I did yesterday on the 23rd on an application to stay, which means put a hold on the proceeding because we have, according to our Bahamian council as the procedure sets forth right now violates Bahamian law. So we couldn't allow that to go forward. And the court ruled on it, ordered a stay and nothing is to proceed at this time.

VAN SUSTEREN: So the stay until what's — let me ask, is the judge where you got the stay from yesterday, is that the same judge who ordered the test to begin with?

RALE: It's not the same judge. Judge Schneider (ph) was actually, he has been out of the country or on vacation or working but not in the courthouse the last couple of weeks. And so there was another judge, Richard Montez (ph) who was there yesterday.

VAN SUSTEREN: Now I assume that he put the stay on because if the test occurred and turned out that it was against the law to do it, that you can't reverse it. So he has put a stay on it pending a hearing where both sides can go back to court? Is that a fair description of it?

RALE: Yeah it would be fair to say both sides will be able to submit briefs on the matter and for the court to have a better picture of actually what goes on in the Bahamas.

VAN SUSTEREN: All right. Now your client at least has made statements or somehow I think through her lawyer in the Bahamas — and can you correct me if I am wrong — that she believes Howard K. Stern is the father; is that right, sir?

RALE: I believe that would be correct.

VAN SUSTEREN: If she is so certain that Howard K. Stern is the father, why not get rid of the problem by doing a simple swab of the child's cheeks, have the DNA test and be done with it instead of sort of being stuck in this sort of legal — this legal mess?

RALE: And, Greta, that's a question that I have been asked a lot lately and, you know, what I can say is that why don't we focus on why has not Mr. Birkhead filed this proceeding in the Bahamas? He could have filed this.

VAN SUSTEREN: It's probably more expensive. It's probably easier to do it in L.A. I mean, look, it costs more for him.

RALE: Well, you know, you are speculating because right now he has a lawsuit pending in the Bahamas, he has got a lawsuit against Anna Nicole and Howard Stern and that lawsuit, to prove his claims, as I understand it, he is going to have to get DNA testing. So, why wouldn't he have filed this proceeding in the Bahamas? They have the similar scheme to ours for paternity...

VAN SUSTEREN: Let me answer your question. I don't know. Can you answer mine now why she doesn't simply do that to get rid of the problem?

RALE: Let me tell you, the test would have gone forward, with the collection of DNA would have gone forward yesterday. It had nothing to do with Anna being unwilling to submit to the test, she was perfectly willing to comply with the court's orders. And the reason why, everybody is calling me, why is refusing. She is not refusing. You are looking at the guy right here who instructed her not to proceed with the collection of the DNA because I was informed that it would be a criminal act if she were part of that process. So it has nothing to do with Anna. She would have gone forward.

VAN SUSTEREN: Then she could jump a 45 minute flight to Miami and do it in Miami and just get rid of the problem. Why not do that?

RALE: It doesn't work that way. And just because, you know, you are here, you know, the press is talking about this and the public is talking about this, I am here to protect Anna, just like anybody else. Forget whether she is a celebrity or not.

VAN SUSTEREN: But the problem is, Ron, you are going to run up a gazillion hours doing this case when it would be a lot cheaper and faster if she simply went to Miami. If she wants to...

RALE: That's a good point.

VAN SUSTEREN: Go ahead.

RALE: Greta, that's a good point. Because if you want to talk about cheaper, this case should have never been brought in L.A. Mr. Birkhead originally had claims for custody for drug testing on the child. He wanted return of the child to Los Angeles. All of those claims were dismissed. They should have never been brought here. If you would have brought that in the Bahamas he might be further along.

VAN SUSTEREN: You know what? And maybe two wrongs don't make a right but a quick, easy cheap way to put an end to this and for the benefit of your client and her legal bill be considerably smaller and over is just to jump a plane go, to Miami do the swab, go back on the plane and go back to the Bahamas and may the right father win, I guess.

But anyway, I'm sorry I'm going to take the last word. Ron, come on back any time and I will give you the last word next time.

RALE: OK. Thanks a lot, Greta.

VAN SUSTEREN: Thank you, Ron.

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