An Amazing Week Behind the Scenes: Anna Nicole’s Body, Judge Larry Seidlin, “Dr. Pepper” and the Media Hordes
I was miffed by the legal pundits and armchair quarterbacks who trashed Judge Larry Seidlin as a whacko crybaby, including my friend Nancy Grace who tossed a lawbook over her shoulder to illustrate rules of evidence thrown out the window.
From where I sat, I could watch every moment of the roller coaster proceeding, the three players, Anna Nicole’s Mom, Virgie Arthur, Howard K. Stern and likely biodad Larry Birkhead, 18 lawyers and Judge Larry riding herd or trying to corral it, and I kept watching them when the pool camera was not.
This was no criminal trial fest like O.J. or Michael Jackson we are accustomed to, with strict rules and depositions taken, this was probate court where the goal is not to convict, but equity, to wind up with a fair outcome for all parties. Sure it seemed crazy, but there was a method to the madness—a mix of mediation, marshal law, group therapy and revival.
Judge Larry reminded me of the role French judges play under their Napoleonic Code–not only as judge, but prosecutor. They can cross-examine witnesses and ascertain truths, and have done so effectively in terror trials that have thwarted plots in progress. To watch unorthodox and never boring Judge Seidlin take the reins from the lawyers and cut to the chase was legal gestalt, amazing to behold, as he went digging for truth and came up with motives behind everyone’s love for the former Playboy centerfold turned America’s Celebrity Princess Diana.
If Judge Larry was guilty of anything, it was treating everyone too fairly and with respect. He had no legal authority to order Howard K. Stern to be there, but he showed up every day. So what if he made a deal not to force Howard to take a DNA test, he never had that authority or jurisdiction anyway, but he did get them talking about it, and urged them to bury Anna Nicole’s grudges and open a new era for this dysfunctional family with a capital D to love and support her baby. Who could have imagined when this all started, with accusations of murder and drug enabling in and out of court, that Howard would end up talking about letting Vergie and Larry not only attend a funeral, but see baby Dannielyn? Who could have imagined the adversaries arm in arm at a podium of media microphones on Thursday?
It’s not over yet, but you have to ask, how did he do it? Seidlin asked every party what they’d recommend he do with Anna Nicole Smith’s body. That doesn’t happen in a usual courtroom, as he assessed everyone’s motive artfully, juggled 18, count ‘em, 18 lawyers and arrived at a decision that had three parties arm in arm at the end and a body closer to the grave.
I watched the courtroom not only fill up with media, but other judges and lawyers who dropped by to watch. One lawyer with a probate case before Judge Seidlin told me how the parents of a gay man who died from AIDS and his lover both wanted his ashes after cremation…What did Judge Larry do? He split the ashes in half and gave half an urn to each.
And talk about splitting the baby, there was a King Solomon moment in the courtroom when he asked the possible biodad Larry Burkhead what he’d recommend the judge do with Anna Nicole’s body. You could watch him struggle with his conflicts like the Old Testament parent who was asked to split the baby in half with the sword, and refused. I watched Larry struggle. On the one hand, if he did get baby Dannielyn one day, it would be nice to have her mother buried in California where he’d likely be living, he said, but he knew how much Anna Nicole loved her son Daniel, and that she wanted to be buried with him in the Bahamas, so he figured that was the best thing.
Larry Birkhead refused to split the baby! And in that moment, you could see he acted like a real parent, and his bonafides were established. Judge Larry borrowing an Old Testament technique to get at the truth.
Here’s what’s likely to happen: I’m predicting the judge will consider the order to stay the burial, then refuse it, and it will get a quick appeal to the 4th Circuit in West Palm Beach, which will deny it. His ruling was sound legally and fact-based; they’re not going to want to reopen the can of worms and delay the burial of a deteriorating beauty any longer.
So the burial will proceed, then the custody and dna battle shifts to the Bahamas. Meanwhile, consider the finale we saw: three potential adversaries—Virgie, Howard and Larry—arm in arm at the microphones agreeing to be agreeable. Judge Larry made that happen, and it took every moment he took in court to help them get their feelings out. It would not have happened if formal depositions had been taken and positions etched in stone.
This was real time law in the raw, with venting, tears, rage and sadness. The story of a beautiful, headstrong woman addicted to downers who got rid of everyone who tried to take her drugs away. It’s a classic tale of addiction—her mother and Larry Birkhead get pushed aside for trying. Howard struggles to contain her, maybe even enable her, but if he had refused to let her feed her habit, he’d have been tossed as well. No one can stop someone who doesn’t want to stop taking drugs or drinking. As to monetary motives, they all have it, the judge showed, but urged them to join together to raise a good kid.
“There’s no good guy or bad guy in this,” said Judge Seidlin in the end, and he’s seen thousands of addicts and families struggle over the years from juvenile court and family court.
So what if he shed a tear. Maybe we don’t like to see our judges cry, but this was emotional. He got warring parties to be real, to open up in ways you don’t often see in a courtroom. And if it was a law of equity, he got everyone to reconcile with Anna Nicole in death, even though it was impossible in life. Judge Larry helped everyone bridge their spiritual divide.
Ask anyone who’s covered or argued in front of him and they will tell you that’s how he does it, has done it for almost 30 years in Broward County; a rare bird, a warm and fuzzy judge who maybe cares too much. He’d likely plead guilty to that.
February 24th, 2007 at 4:43 pm
I really do not know how anyone can take this judge seriously. He is a disgrace to his proffession and has made the American justice system look rediculous. He has certainly watched too many old movies. What a joke
February 24th, 2007 at 8:12 pm
Mary, suggest you reread my article, and check out what the attorneys involved in this case are saying, that Judge Seidlin was fair and erudite, and based his ruling on fact and the law. A joke? Hardly. He’s always tried to make lawyers and protagonists feel comfortable in his court, from juveniles to families in crisis, and if you saw where I sat, you’d have been astounded the number of judges, yes, judges, who came to watch as well as Broward County lawyers.
I’m also going to post some other comments that might give you a little more insight into what really went on you may not have noticed picked up from the isolated soundbites. Interesting to note the early critics are now fading to a chorus of approval for Judge Larry, including Court TV’s brilliant correspondent Jean Casares. Check what she said on Nancy Grace last night…
If the judge is guilty of anything, it’s being warm and fuzzy, if colorful and eccentric. But all the lawyers are now saying he got the job done. tx for writing
February 24th, 2007 at 8:52 pm
Art:
It took me all day to find someone who “got it” about Judge Larry Seidlin. I spent my career as a psych nurse and I spent more hours running group therapy sessions than any of those lawyer pundits ever spent in a courtroom. I knew from the time he started speaking exactly what he was doing.
Seidlin has insight into human behavior and he showed me he is a well-seasoned professional who has the ability to get to the heart of people and, in the end, bring out their emotions. Everyone got to VENT and then when it was all over, so much more was accomplished than the assignment of next of kin. Healing has begun, with Vergie being the only holdout.
The three days were an example of an effective Group Therapy session!
I believe that RIGHT NOW Larry and Howard are doing the DNA test while the media is still focused on the legal aspects of the case and the ridicule of Judge Seidlin.
As early as Thursday night, Howard’s family was saying they thought the DNA test would be done soon. Last night on Greta’s show she had FORD SHELLEY and he said he, Howard and Larry had all talked on Thursday night and resolved some issues.
For one thing, Ford said that Howard now agrees that there was NO break-in. SO if they get the DNA test done, the Shelleys and Ben Thompson won’t evict Howard just yet.
Alex Goen of Trimspa also said last night that progress is being made between Howard and Larry. I fully expect that the whole thing will be resolved VERY soon but at least by Monday. Watch and see! Then Larry will have the authority to bury the body.
Vergie is a holdout because of her small town mentality and she did not grasp that it could take years and LOTS of money for Daniel to be brought to Texas.
For him to get emotional showed that he sees not just the statues but the hearts of the people they affect.
Judge Seidlin is the genius in this quote and the media pundits who don’t “get it” are the DUNCES.
“When a true genius appears in the world, you may know him by this sign, that the dunces are all in a confederacy against him. — Jonathan Swift, “Thoughts on Various Subjects, Moral and Diverting.”
Thank you, Art, for not being a dunce.
February 25th, 2007 at 1:57 am
I completely agree with you. This was a fair and sensible ruling that he made. I must admit that I was shocked to see the three combatants leave the courthouse arm in arm although I sensed something was not quite right with Ms. Arthur when she didn’t want to make any comments and now we all know why, if she truly cared for her daughter why not bury her, it’s abundantly clear that she wanted nothing to do with her mother and burying her in the Bahamas means she will be with her son which was what she wanted. The selection of Mr. Milstein makes a lot of sense since the three concerned parties will have to deal with him and he seems to be a very decent person. I noticed when he questioned the various witnesses he did it in a very calm non confrontational manner unlike the demeanor of Ms. Opri and Ms. Barth.
One more thing, I remember Judge Seidlin saying something to the effect that “and I’m never going to discuss this case again” just about the time that he was announcing his decision. I took this to mean that he had completed the job he had to do, as far as him being emotional that wasn’t grandstanding, it only showed that the case really took a lot out of him.
February 25th, 2007 at 6:09 pm
He may be fair, but the judge talked way too much during the proceedings.
February 25th, 2007 at 10:33 pm
I too think the Judge was great. My family should be so lucky one day to have a wise Judge like him. He used a lot of great tactics to relax the people in the room, all done in an effort to bring forth peaceful resolution to this matter. Because, although this hearing was just about a body, the real issue is an innocent little baby who is basically an orphan at this time and she, above all deserves a clean break in life to have a healthy (mentally and physically) life full of love, laughter and joy.
I pray one of these men is her bio-dad, I shudder to think if they are not what will happen next.