The battle for her body

When Judge Seidlen returned to his courtroom just before 4 p.m. on Thursday to announce his decision about who would get custody of Anna Nicole Smith’s remains, it was as if he’d packed his bags and was heading out of town.

Judge Seidlen: I want it to be crystal clear first that once this order is signed, you’re all done with me.

With the court and a huge TV audience hanging on to his every word, Seidlin warned those present to remain calm:

Judge: I hope when it’s read we’re dignified and we keep our cool.

And then, finally, the clowning around appeared to be over. The moment of decision was at hand:

Judge: There is  only one issue before this court to decide: who is entitled in custody of the remains of Anna Nicole Smith. There can be only one proper and equitible  answer to that question: Dannielynn, Anna Nicole's only child and heir and next of kin. Therefore the court order the court orders as follows: Dannielynn's. Richard Milstein, esq. as the as the guardian for Dannielynn Hope Marshall Stern is awarded custody of the remains of Anna Nicole Smith. [judge cries]

Judge Seidlin had thrown the decision into the lap of Richard Milstein, the mild-mannered legal guardian he had appointed for Anna Nicole’s five-month-old daughter. The veteran attorney would now have to decide Anna Nicole’s final resting place.

Judge: The Broward County medical examiner is ordered to release those remains to Milstein in accordance with Milstein’s directives.

As he expounded on his decision the judge choked back more tears: 

Judge: I want her buried with her son in the Bahamas.  There’s no shouting, this is not a happy moment. I want her buried with her son in the Bahamas I want them to be together.

Hoda Kotb, Dateline correspondent: What about the tearful way he delivered his ruling?

Dan Abrams, NBC Legal Correspondent: I believe those tears were real.  But it was almost as if it was the end of a show.  And the judge had just seen the final chapter. And he became so emotional that he had to talk about it. It’s not normal.  And that’s not the way most judges behave. It’s human but bizarrely human.

Judge: You know, she had to live all her years under this exposure. I got a week and half and it’s ready to flatten me down.

Somehow, once again, it was all about Judge Seidlin, as his odd emotional display continued.

Judge: It’s in Milstein’s hands.

After days with the plaintiffs at each others legal throats, the judge was now telling the court-appointed guardian it was his job to convince the warring parties to grow up and play nice:

Judge: And I hope to God you guys give the kid the right shot. [judge cries]

The probate judge turned TV-personality composed himself enough to wrap it all up.

Judge: I’ve completed all my tasks in this case. Godspeed to everyone.

And, at the end of this session, it looked like there was a new sheriff in town, as the dry-eyed lawyer Milstein took over:

Milstein: And I ask for one more favor. I ask that we resume in your chambers so I can meet with the parties.

Judge: You know I never felt those chambers....[judge cries] I always felt those chambers belonged to the public and attorneys ...

Filan: It is your worse law school exam nightmare compounded by a judge who made an absolute joke out of the proceedings.  And so what was a simple question, "Who should get her body and where should she be buried?" became an absolute soap opera.

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