Abuse of Discretion

Just weeks after a federal appeals court ruled Anna Nicole Smith’s estate was not entitled to any of her late husband’s fortune, Larry Birkhead went on a whirlwind publicity tour to announce personal items from the former Playmate’s estate would be sold at public auction last weekend in Las Vegas.  Birkhead appeared on the TODAY show, MSNBC and E! News with his young daughter Dannielynn, sole heir to Smith’s estate.  Throughout this tour, outlets reported a portion of profits from the auction will be given to two charities – PETA and the Anna Nicole and Daniel Wayne Smith Foundation.  In fact, the official auction booklet featured a letter written by Birkhead stating as much. As Chuck Muth noted recently in Nevada News & Views – “Anna Nicole Smith Auction in Vegas Big Rip-Off?” – motives for hosting this auction are highly suspect.  In addition to the question of exactly who will receive profits from last weekend, there are two legal issues at play here: the fiduciary responsibility of Howard K. Stern – Smith’s former companion now accused of contributing to her death – as executor of the estate and the questionable decisions of Birkhead as guardian of the sole heir.  Read More …

Sloot to Kill

DNA evidence from skin found underneath Stephany Flores’ fingernails points to a massive struggle that the slain Peruvian woman was likely engaged in before her death.  Peruvian police have divulged that it may take several weeks for the evidence to be positively linked to a specific individual, the prime suspect being Joran van der Sloot. Other forensic tests involve her clothing, shoes, and a tennis racquet obtained from a Lima hotel room, the scene of the crime.  Allegedly, after murdering Flores, the dangerous Dutchman used sheets and a bedspread to clean up her blood, yet strangely, he left them in the room.  Lady Justice will keep you abreast…