Bahamian Chief Magistrate Roger Gomez Picks 7 Jurors

The Magistrate denied the request by Bahamian lawyer, Anthony McKinney attorney for Howard K. Stearn, to delay the jury selection so that the Supreme Court could consider his application to revise the provisions of the Coroner’s Act to allow lawyers to individual question potential jurors for bias.  Under the current Coroner’s Act the selection of jurors in under the sole discretion of the judge.

The jurors were ordered back at 1:30 pm to begin the inquest, however, before the Inquest commence, another attorney by the name of Wayne Monroe, who is the President of the Bahamian Bar Association and who also represents Howard K. Stearn, was allowed to address the court.  Monroe argued that it would be “reckless” to begin the Inquest before the supreme Court had ruled on the issue.

Judge Gomez reversed his earlier ruling and postponed the commencement of the hearing until April 11, 2007, allowing Monroe to petition the Supreme Court.

It appears that Howard K. Stearn's attorneys are doing everything possible to protect their client's interests and potential criminal liability.  While many of the media's talking heads will complain about a perceived delaying tactic, the legal maneuvers made by Stearns' lawyers are strategically sound.

In a separate matter, regarding the paternity of Dannielynn ,  the Island’s Court of Appeal will hold a hearing today.  The court had originally ordered a swab for DNA of the baby but Howard K. Stearn appealed and the court has granted  a stay until the conclusion of today’s hearing. 

The real question to be determined by the Appellate Court is what presumption(s) will be relied upon to determine paternity.  It is not a forgone conclusion that the courts will order or rely upon DNA testing.

Anna Nicole Smith's frequent expressed wishes that Larry Birkhead have nothing to do with raising the child seem to have been forgotten in this paternity exercise.  Similarly it was quite clear that Anna Nicole Smith did not want her mother Vergie Arthur to raise the child.

If Anna's wishes are relevant at all, Howard K. Stearn will be the individual that would raise Dannielynn.

Once the Bahamian Appeals Court rules on the lower courts order for paternity testing the question of paternity and the placement of Dannielynn in the custody the appropriate party should follow rather quickly.