To be reopened? Fischer paternity suit
9/16/2010 – It seems all fairly conclusive, but Jinky and Marilyn Young's Philippine lawyer Samuel Estimo continues to fight on – despite some fairly compelling DNA evidence, provided by a University Clinic in Germany, against the plaintiffs. Estimo cites circumstantial evidence, including an expensive house Fischer bought for his "daughter" in an exclusive suburb of Manila. Evidence and arguments.
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Press release
Icelandic court reopens Jinky's case
The District court of Reykjavik, Iceland has reopened the case of Jinky Young, the Filipino child of the late Bobby Fischer, to allow her to adduce further evidence in support of her claim to the estate of the chess legend.
In a ruling during the hearing on September 10, Judge Ms. Ingiridur Ludviksdottir reset the case to October 6 to allow Marilyn Young, Jinky's mother, to engage the services of another lawyer after their counsel in Iceland, Thordur Bogason, had a falling out with Jinky's local lawyer, Sammy Estimo.
Estimo has theorized that Mr. Bogason had prematurely closed the case without consulting his client after the DNA tests in Germany allegedly showed that Jinky was not the child of Fischer. He said that there were post-DNA remedies available like a request for a similar test to be conducted on the DNA samples of Fischer's nephews who are also claimants to his estate. If the result thereof proves negative, then the seven tissue samples which were taken from the coffin supposedly containing the remains of Fischer during his questionable exhumation in July, were not genuinely his. The DNA examination in Germany would then be a hoax.
Estimo had also discovered a provision of Icelandic law which would have won the case for Jinky but which was not used by Mr. Bogason. This law, plus the bank deposits, post cards signed by Fischer admitting that he was Jinky's daddy, incriminating photos taken in a hotel in Hong Kong and the expensive house which Fischer bought for Jinky in Davao City could have clinched Jinky's claim to the estate of her father.
Jinky and Marilyn Young
But even if Jinky loses at the District Court, she can still appeal to the Supreme Court where she will have a better chance. Mr. Bogason admitted in his letter to Marilyn dated September 11 that a losing party at the District Court can go to the Supreme Court within two weeks from receipt of the lower court's ruling.
Sensing that Marilyn had already lost trust in him, Mr. Bogason had also withdrawn from Case. No. Q-1/2010 during the hearing on September 10.
Samuel Estimo
National Chess Master and Two-Time Chess Olympian
Four-time Philipine Team Captain to the Chess Olympiad
The house that Fischer bought, in Davao City, southern Philippines, for Jinky
in 2005
Sammy Estimo tells us that Bobby remitted the down payment for the house in 2002, and later paid monthly instalments thereon until it was fully paid in 2005. Marilyn Young says Bobby had planned to visit and stay with them in this house in March, 2008 but his plan was aborted when he died on January 17 of the same year. He was calling Marilyn the night before but she failed to receive his call, only to find out the following day that he was already dead. "If Jinky was less than a child to Bobby," Esposito writes, "do you think the chess genius would spend a very big amount to buy her an expensive house in an exclusive subdivision?"
DNA
paternity test results
Inga Reynisdóttir, Ph.D. of the Landspitali-University Hospital, Department of Pathology in Reykjavik, Iceland, sent Thordur Bogason on August 26, 2010, the following report:
"Paternity analysis was performed on DNA from Jinky Felonia Young, born 21.05.2001, her mother Marilyn Felonia Young, born 23.02.1979 and Robert James Fischer, born 09.03.1943 deceased 17.01 2008, in order to test whether he was the child's father.
Blood samples were drawn from Jinky Felonia Young and Marilyn Felonia Young al the Landspitali-University Hospital in Reykjavik on December 2nd. 2009. The bodily remains of Robert James Fischer were exhumed on July 5th, 2010 and biological samples were taken."
Dr Reynisdóttir attached a report with the results of the paternity analysis from the Institute of Legal Medicine, University Clinic in Münster, Germany. It says:
In the case of Bobby Fischer a DNA-ancestry analysis was performed to answer the question if Mr. Bobby Fischer could be the father of Jinky FeloniaYoung.
The DNA-samples (blood spotted on cotton) of the child Jinky Felonia Young, born 21.05.2001, and the mother Mrs. Marilyn Felonia Young, born 23.02.1979, were sent to our laboratory by the Dept. of pathology, House 9 at Baronsstigur, 101 Reykjavik, Iceland. Teeth of Mr. Bobby Fischer, born on 09.03.1943, were shipped to our Institute 09.07.2010.
The sample material was used for DNA extraction and PCR-based amplification using the Identifier reagents kit (Applied Biosystems). The PCR products were determined by high resolution capillary gel electrophoresis with laser-induced fluorescence detection and visualisation. All the DNA-systems are highly validated, the analysis is secure, the accuracy (precision) is extremely high. The local laboratory has successfully participated in relevant quality controls.
A table of results of 17 individual DNA characteristics is given for all three subjects and the following conclusions are drawn:
The DNA characteristics of the child are inherited by the laws of heredity (Mendelian rules). The child receives both a characteristic feature of the mother and one from the father. It can result in two different traits (heterozygosity) or two identical characteristics (homozygosity) for the child.
The distribution of the DNA characteristics in 17 independent systems clearly point out, that Mr. Bobby Fischer cannot be considered to be the father of Jinky Felonia Young. There is an exclusion in 10 DNA-systems.
The remains of the saliva and DNA samples will be stored adequately until the notification by the client that the present procedure is completed. We will send back the rest of the sample materials.
The report is signed by Prof. Dr. med. H. Pfeiffer, who certifies that he has given it impartially and to the best knowledge and belief in consideration of the guidelines of the Bundesärztekammer and the Robert Koch Institute.
As a reaction to the above report, Thordur Bogason, the Icelandic lawyer of Jinky and Marilyn Young, advised his clients as follows:
As this fact and proof is binding for the court it is evident that no other circumstantial evidence, such as postcards, money transfers, purchase of estates of affidavit's of persons would lead to another conclusion according to Icelandic law than to rule that Mr. Fischer is not the father of Jinky. I strongly warn against those that insinuate that the exhumation of the bodily remains of Mr. Fischer was in some way not properly done. I was present as your representative and I can assure you that the procedure was professional and proper. I also warn very strongly against making any allegation that there was some wrong doing on behalf of certain parties opposed to the claims of Jinky, like switching bodies. I am ashamed of reading such allegation made in public and I do not believe that such reactions are in the best interest of Jinky.
I recommend, in light of the outcome of the DNA-test, that you, as Jinky's custodian, order me as your attorney to announce that you withdraw from the case. If you however decide to continue with the case, I will attend and appeal to the court to postpone the matter until you have found a new legal representation here in Iceland, as this will be my last court appearance for you and indeed mark the end of my services to you. Please note that the instructions must come from you personally and not from Mr. Estimo.
I must also warn you that carrying on with the claim of Jinky before the Icelandic courts might be regarded as contempt for the truth and as such contempt for the court. This might lead to decisions on behalf of the court, such as to decide that all cost regarding the case should be borne by you or your attorney, even decide penalties, all according to Article 131 or 135 of Act no. 91/1991, regarding civil court process.
All of the above information was sent to us and to the New York Times by Samuel Estimo. The story of the reopening of the Fischer paternity case can be found here:
- NYT: Fischer’s Paternity Test Released
- NYT: The House That Fischer Bought
- NYT: Despite Negative Result on Fischer Paternity, Lawyer Keeps On Fighting
- Manila Standard: Lawyer smells something fishy about Fischer’s exhumation
- Icelandic Review: Demand for Further Tests of Bobby Fischer’s DNA
- ABS/CBN News: Icelandic court reopens Bobby Fischer's case
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Breaking news: Tissue sample obtained from Fischer's
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DNA test results prove: Fischer was not the father
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Details of Fischer's exhumation revealed 20.08.2010 – "I will give you a report but stress that we keep all details confidential as we have strict orders from the authorities not to reveal any such detailed information to the media," wrote Thordur Bogason, the Icelandic lawyer representing Jinky and Marilyn Young in the Fischer paternity suite. But their Philippine lawyer Samuel Estimo did pass it on – to us and the New York Times. Detailed description. |
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Fischer's DNA – still no final closure 31.08.2010 – The DNA test in a paternity lawsuit filed by Marilyn and Jinky Young was negative for the claimants. The Icelandic representative declared the case closed, but Philippine lawyer Samuel Estimo is demanding that DNA samples of the former World Champion be verified against Fischer's blood relatives. He sent new pictures. Meanwhile chess correspondent Bobby Ang has published additional details. |
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