So, here they are, and I hope you find them informative and even a bit entertaining:]
A surprising number of people, including media reps, contacted me this morning with inquiries about the Bahamian judge’s authority to compel Howard K. Stern to provide DNA samples from himself and Dannielynn for a paternity test. But I wholly sympathize with their bewilderment.
Because over the past few days, I have watched with perverse amusement as American reporters and legal pundits expounded – with varying degrees of coherence – on the differences between judicial orders in the U.S. and judicial directives in The Bahamas. Whereas, in fact, to the extent there are legal differences between them, they are utterly without distinction. And here’s why:
Our British colonial heritage has perverted our legal system with many royal pretensions – from judicial vestments that make our judges look 18th Century drama queens, to legal prose that envisions reverence for, and obedience to, the implied authority of Her Majesty’s “Lordships”. Therefore, where an American judge may feel obliged to issue orders to assert his authority, a Bahamian judge feels vested with such authority that he presumes his directives are tantamount to royal decrees – compliance with which he takes for granted.
That said, the consequences for failing to comply with a judicial directive in The Bahamas are essentially the same as those that obtain for failing to comply with a judicial order in the U.S: You will be held in contempt!
Accordingly, if Supreme Court Justice Stephen Isaacs directs Stern to provide DNA samples and he refuses, I have no doubt that his Lordship will “give directions” not only to social services to take custody of Dannielynn until paternity and custody matters are settled, but also to immigration authorities to deport Stern back to the U.S. forthwith. (Assuming, of course, that he’s not already being held in a Bahamian jail cell on suspicion of murder in the death of Anna Nicole’s son Daniel….)
NOTE: Please do not take from this point of clarification the impression that there are no substantive and meritorious differences between Bahamian and American law; because there are many. This, however, is not the forum for that dissertation. Therefore, I urge the American TV reporters covering this case to at least retain a local attorney to provide more informed talking points to better serve their rapt audiences back home.
But I invite you to scroll below and browse my Related Articles to learn all that’s worth knowing about the origins, litigation and resolution of the legal and political mess Anna Nicole left behind….
UPDATE: This weblog, The iPINIONS Journal, now has a more user-friendly address: http://ipjn.com/
Related Articles:
Hey Tony, what’s up with the brothers wearing white wigs
Anna Nicole’s baby Daddy, Bahamian law
Sue says
I often wonder If The goverment will kick Howard of that island when all is said and done.. I would
hope they would not give him residency and deport him.. He is used and abused the court system and the people of the bahama’s
ALH ipinions says
I appreciate your concern Sue. But, given the legal jeopardy he faces (on so many fronts), chances are good that the government will either deport him or throw him in jail.
Sue says
alh,
Thanks for your response,This is such a sad case for everyone involved, I am quite sure although the people of the Bahama’s appreciate the tourism they certainly dont want this head ache from a few folks trying to manipulate there system..I will be anxious to read your next update article on this situation, I love your prospective
thanks
Sue
mark_mncn says
I am wondering if there is a Civil suit, wrongfull death brought against Howard Stern and it goes to the jury does Bahamian law mandate a simple majority for a verdict or a complete majority? I know this is looking way down the road but I am courious.
ALH ipinions says
Mark
Civil cases in The Bahamas are generally tried before a judge (who also acts as jury).
There are exceptions, of course, but I doubt an action for wrongful death would qualify. If it did, however, a minimum of 2/3 of the jury would have to return the verdict.
Starr says
Dr. Perper in FL. released a list of drugs found in ANS hotel room(found in a duffle bag)
8 were prescribed to HK$
1 was prescribed to Dr. Erosheviche
2 were prescribed to an Alex Katz
All the drugs that attributed to ANS death were the ones prescribed to HK$.
All the drugs were prescribed by Dr. Kristine Erosheviche.
Aren’t some of these drugs illegal in your country? Yet Howard K. Stern had them shipped in. This is a grave concern regarding Dannielynn. She should be removed from Howard K. Stern for her safety until the paternity and other legal matters are resolved. Obviously it isn’t in her best interest to be left in the middle of such a volatile situation.
9/15/06 drug wish list sent to Dr. Kapoor by Dr. Erosheviche
Dilaudid
Lorazepam*
Soma
Dalmane
Prexige
Methadone
Prescriptions
(filled from 1/2/07 to 2/6/07)
To: Howard K. Stern
Carispodrol
Methocabamol (Robaxin)
Diazepam (Valium)*
Topomax
Furosemide (Lasix) (Water pill)
Klonopin*
Chloral Hydrate*
Carisoprodol (350 mg) (Soma)
To: Alex Katz
Cipro (anti-biotic)
Tamiflu
To: Dr. Kristine Erosheviche
Klor-Con (Potassium)
Autopsy/Toxicology of ANS
Drugs—
Chloral Hydrate*
Diphenydramine (Benadryl)
Klonopin*
Diazepam (valium)*
Lorazepam (Ativan) (Not listed among the drugs found in the hotel room, where did it go?)
Oxazepam (Not listed among the drugs found in the room–is this a metabolized by-product of one of the other drugs?)
Myst says
I totally agree with you Starr! DannieLynn needs to be taken away from HKS for her own protection.