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The Case Against Howard K. Stern

Oct. 27 2008, Published 7:07 a.m. ET

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DEVIL MADE 'ER DO IT? Smith, Stern

Could Anna Nicole Smith's lover-slash-enabler be held liable for her demise? Stranger things have happened.

For expert opinion, we turned to Florida trial attorney and television commentator Michelle Suskauer.

"To have a culpable negligence case on behalf of Dannielynn, you'd need a state attorney in Broward County Florida with the gumption to bring it," Suskauer said. "Civilly, there would be a much lower burden of proof to show negligence on behalf of the baby. Criminally, there's a much higher burden of proof. Could it be wanton or reckless endangerment or culpable negligence? I think so."

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