Debra Opri, who represents the ex-boyfriend of the former Playboy playmate, issued a brief statement outside the law offices of Alexiou Knowles and Company.
She claimed that, as a matter of convenience, she had travelled to the Bahamas to take Ms Smith’s deposition.
“She was supposed to be here at 10:00am or notify us. We never heard from her that she was not coming, so we waited.
“I came to the Bahamas to depose Anna Nicole Smith, as a part of Mr Birkhead’s paternity action, despite Ms Smith’s statements that she was not properly served.”
The lawyer claimed that Ms Smith was legally obligated to appear yesterday “and she did not.”
Several US news agencies reported last week that Ms Smith had no intention of submitting her child to a paternity test.
“Accordingly, Mr Birkhead will use her non-appearance as grounds to strike her challenge to the California jurisdiction,” said Ms Opri.
“Regarding a recent press release that came out last week by Ms Smith’s representative, and not her California attorney, she has made it clear that she will never submit to a paternity test.
“This is a simple procedure lasting three seconds where a licensed doctor takes some saliva from the inside of the child’s mouth with a Q-tip. It is noninvasive and it is legal,” Ms Opri said.
Mr Birkhead, a photographer, has filed a lawsuit in Los Angeles, California, seeking court order to require Ms Smith to return to California with the baby for a paternity test.
“Ms Smith’s statement is now a clear message to the US courts and to law-abiding citizens everywhere that she is above the law,” said Ms Opri.
“Whether Anna Nicole Smith’s actions today have been influenced by certain individuals around her, or these decisions are of her own choice, I would caution Ms Smith that in the best interest of the child, to put this matter to rest, allow the test, abide by the law.
“Mr Birkhead has offered on numerous occasions to resolve this paternity action privately and discreetly. Ms Smith has refused. Mr Birkhead’s offer is now off the table,” the attorney said.
A birth certificate reportedly lists Howard K. Stern as the father of Dannie Lynn Hope Marshall Stern. Anna Nicole and Mr Stern reportedly “committed” to each other in the Bahamas a few weeks ago in a ceremony held aboard a catamaran.
Last Thursday, Ms Smith buried her 20-year-old son Daniel, who died on September 10 at Doctors Hospital while visiting his mother, who had given birth three days earlier.
It has not yet been decided whether an inquest will take place despite a pathologist’s report suggesting that three prescribed drugs – including methadone – were in his body.
By NATARlO McKENZIE, The Tribune
