LATEST: Anna Nicole Smith's ex-boyfriend LARRY BIRKHEAD has lost his bid to obtain court-ordered DNA extracted from the actress/model's corpse.
The photojournalist's attorney, DEBRA OPRI, applied for an emergency DNA test in Los Angeles this morning (09FEB07), but managed only to bring her client's paternity battle for Smith's baby daughter DANNIELYNN forward a day.
Speaking outside court, Opri said, "We had an emergency court hearing... because we are concerned, based upon doctors (and) our experts advice, that there would be a serious issue as to the preservation of evidence.
"We now have to come back on February 20th. Nothing has been decided today. There was no granting of a motion, no denial of a motion... We have a full hearing on the 20th."
The 20 February paternity hearing, which will end the battle over whether Birkhead or Smith's attorney/partner HOWARD K STERN is the biological father of Dannielynn, could also lead to a contempt of court charge against Stern over claims he made indicating he's the father of the child.
Attorneys for Stern confirm Birkhead's legal team has claimed their client lied under declaration and Opri brought a petition to ask the court for a contempt hearing.
Defiant Opri says, "Everything will be (heard) on February 20th, as well as Mr Howard K. Stern's contempt hearing. I hope he shows up, so he doesn't get a bench warrant."
Meanwhile, Smith and Stern's lawyer RON RALE has slammed Birkhead's legal team as "disrespectful" for trying to obtain DNA from his late client a day after her death.
Rale has also confirmed Birkhead has lost a bid to have baby Dannielynn delivered to his immediate custody.
Rale says, "Larry Birkhead came in here again today and asked the court to order that the baby, Dannielynn, be delivered to his custody. That request was denied... This court has dismissed the custody claims."
The judge overseeing this morning's proceedings has ordered the body of Anna Nicole Smith to be preserved, pending the hearing on the paternity dispute surrounding Dannielynn.