Right: a post adolescent DanielTestimony Nov 19, 2007
1. Albury St. Louis
Inspector, Royal Bahamas Police Force’s Criminal Records Office.
Took 6 official photos of Danny before autopsy, noting pinkish reddish abrasions on his body on pelvic and upper shoulder area; collected swabs, hair, etc.
2. Marva Gibson
Immigration officer at Nassau International airport.
Testified Danny, at 9 pm, September 9, 2006 was quiet, conservative, cooperative and helpful regarding visa/immigration paperwork.
3. Howard K Stern
Decedent's mother’s lawyer/ person who apparently had control over Anna for several years.
Testified as to when he met Anna, that Anna and Danny were emotionally close, that he had Identified Danny at the morgue; verified that dead man in 6 photos Danny.
4. Dr Reginald Neymour
Anesthesiologist at Doctors' hospital
He told the court that he met another doctor performing chest compressions, started oxygen, placed an endo-tracheal tube into windpipe and IV into his left hand for medicine designed to start the heartbeat and increase blood pressure. To no avail.
5. Dr. Iferenta
Emergency doctor on duty
Explains 10 person emergency team at Drs Hosp, and that Anna freaked out at the scene.
6. Dr. Caroline Burnett
Princess Margaret Hospital Employee
Testified that she pronounced Smith dead at the Princess Margaret Hospital when the funeral home brought the body in to be "tagged."
Testimony Nov 20, 2007
7. Nadine Carey
Nurse
Met congested and crowded hospital room when she responded to code blue. Said she and Jancy Cota removed second bed from room. "I noticed two tablets on the top of the sheet. I held them until the code was called off," Ms. Carey told the court.
8. Patricia Laing
Nursing Supervisor
Ms. Laing – the last witness called to the stand on Tuesday – told the court that she in turn passed the pills on to a police officer. She said they were secured in a sealed plastic bag.
Nurse
Met congested and crowded hospital room when she responded to code blue. Said she and Jancy Cota removed second bed from room. "I noticed two tablets on the top of the sheet. I held them until the code was called off," Ms. Carey told the court.
8. Patricia Laing
Nursing Supervisor
Ms. Laing – the last witness called to the stand on Tuesday – told the court that she in turn passed the pills on to a police officer. She said they were secured in a sealed plastic bag.
9. Dr. Horizal Simmons
Obstetrician, First Doctor at the scene.
Dr. Simmons testified that when he arrived in Ms. Smith’s room he saw a male lying in a bed on his back. He added that a female was standing at the foot of the bed with another male standing beside her with his arms around her in a "supportive manner." Dr. Simmons said he began a cardiac massage and continued until an emergency response team arrived.
10. Francis Woodside
Obstetrician, First Doctor at the scene.
Dr. Simmons testified that when he arrived in Ms. Smith’s room he saw a male lying in a bed on his back. He added that a female was standing at the foot of the bed with another male standing beside her with his arms around her in a "supportive manner." Dr. Simmons said he began a cardiac massage and continued until an emergency response team arrived.
10. Francis Woodside
Nursing Assistant
Francis testified that Daniel Smith was sleeping in the same bed as his mother, while her attorney Howard K. Stern slept in the other, at about 6:00 a.m., which was 3 hours and 40 minutes before a hospital-wide alarm that he had been found unconscious. Woodside noted nothing unusual in the room except the sleeping arrangements. "We don't usually have that happen, patients sleeping in the bed with relatives."
11. Janice Knowles
Nurse-midwife
Janice testified that she did not notice anything wrong with Smith before medical personnel found him not breathing and with no pulse at about 9:40 a.m.12. Mavis DavisPhlebotomistMavis testified that she did not notice anything wrong with Smith before medical personnel found him unconscious at 9:40 a.m.
13. Patrice Hanna
Registered nurse and midwife
was the first of two nurses to respond to the code blue that went out, some three hours and 20 minutes after Mavis Davis last saw Smith alive. Mrs. Hanna told the court that a white pill was later found in one of the beds in Ms. Smith’s room. It was unclear whether the pill was found in the bed occupied by Mr. Stern or by the Smiths.
14. Harriett Lundy
Medical Technologist
told the court that her role on September 10 was to collect urine and blood specimen from the deceased. She said specimens were also sent to a reference lab, LabCorp in Tampa, Florida by FedEx.
Registered nurse and midwife
was the first of two nurses to respond to the code blue that went out, some three hours and 20 minutes after Mavis Davis last saw Smith alive. Mrs. Hanna told the court that a white pill was later found in one of the beds in Ms. Smith’s room. It was unclear whether the pill was found in the bed occupied by Mr. Stern or by the Smiths.
14. Harriett Lundy
Medical Technologist
told the court that her role on September 10 was to collect urine and blood specimen from the deceased. She said specimens were also sent to a reference lab, LabCorp in Tampa, Florida by FedEx.
15. Coralee Young
Nurse
testified that Ms. Smith was "hysterical and screaming" during the resuscitation efforts.
Nurse
testified that Ms. Smith was "hysterical and screaming" during the resuscitation efforts.
16. Catriona McGaggart
Nurse
Said that Anna Nicole Smith was crying hysterically as medical personnel frantically tried to revive her son after his collapse. Ms. McTaggert said even after doctors called off their resuscitation efforts after 25 minutes of trying to revive Smith, his mother still attempted to do chest compressions and asked Mr. Stern for assistance with ventilation.
Testimony Dec 10, 2007
Testimony Dec 10, 2007
17. Govinda Raju
Pathologist
Eight drugs were found during autopsy, five administered during attempt of life saving procedures, Daniel having a prescription for one, Lexapro an antidepressant. Raju testified that the fatal dose of Zoloft and methadone were ingested between 2:00-5:00 a.m., Sept 10. Raju further added that as a result, Smith's respiratory system collapsed and he had a cardiac arrest.
18. Carolyn Nairn
Patient in room 202
Testified that she heard a lot of commotion coming from the room next door to her - Anna Nicole's room 201 - and a female crying and screaming, "Oh my baby boy."
19. Dr. Charles Diggis
Surgeon Chief Medical Examiner
Testified as to and explained the “Code Blue” procedure at Doctor’s Hospital.
20. Corporal Addie Findley
Policeman
With as of yet unnamed partner was first on scene at hospital.
Testimony Jan 29, 2008
21. Frederick Taylor
Inspector , Central Detective Unit of the Bahamas Police Force
Mr. Taylor told the court that Mr. Gibson and his wife; Anna Nicole’s companion, Howard K. Stern and emergency room physician Dr James Iferenta were all in the room at the time of his arrival. He did not specify what time he arrived.
22. Quinn McCartney
Chief Superintendent, forensic scientist on Bahamas police force
He told the court that two pills found on a hospital bed were determined to be a muscle relaxant and methadone. Another witness had testified to seeing Mr. Stern in that bed on an earlier occasion. "It’s quite possible that he could have come here with a cumulative build-up of methadone in his body? Theoretically, he could have come here with toxic levels in his body?" Coroner William Campbell asked Mr. McCartney before reading an advisory from the Federal Drug Administration [FDA] about the drugs’ harmful side effects. Mr. McCartney admitted it was quite "possible."
He pointed out that in addition to the .790 milligrams of methadone found in Smith’s bloodstream there were also 22 milligrams found in his stomach that suggested it would have been recently consumed prior to death. The coroner estimated that if Smith took a 5 milligram or 10 milligram methadone pill every eight hours, he would have had to consume more than 20 to account for the significant level of methadone in his blood stream and stomach. Mr. McCartney agreed.
23. Yvette Deveaux
Police corporal
testified about 26 tablets found in Smith’s suitcase. Ms. Deveaux also told the court that Nurse Patricia Laing gave her two pills and told her she retrieved them from Smith’s hand. (However, Inspector Taylor testified that Laing said she had gotten the tablets from another nurse. Last month, Nurse Nadine Carey told the court that she found two pills on the bed that other witnesses testified was occupied by Mr. Stern.)
24. Hospital Security tape
Inspector , Central Detective Unit of the Bahamas Police Force
Mr. Taylor told the court that Mr. Gibson and his wife; Anna Nicole’s companion, Howard K. Stern and emergency room physician Dr James Iferenta were all in the room at the time of his arrival. He did not specify what time he arrived.
22. Quinn McCartney
Chief Superintendent, forensic scientist on Bahamas police force
He told the court that two pills found on a hospital bed were determined to be a muscle relaxant and methadone. Another witness had testified to seeing Mr. Stern in that bed on an earlier occasion. "It’s quite possible that he could have come here with a cumulative build-up of methadone in his body? Theoretically, he could have come here with toxic levels in his body?" Coroner William Campbell asked Mr. McCartney before reading an advisory from the Federal Drug Administration [FDA] about the drugs’ harmful side effects. Mr. McCartney admitted it was quite "possible."
He pointed out that in addition to the .790 milligrams of methadone found in Smith’s bloodstream there were also 22 milligrams found in his stomach that suggested it would have been recently consumed prior to death. The coroner estimated that if Smith took a 5 milligram or 10 milligram methadone pill every eight hours, he would have had to consume more than 20 to account for the significant level of methadone in his blood stream and stomach. Mr. McCartney agreed.
23. Yvette Deveaux
Police corporal
testified about 26 tablets found in Smith’s suitcase. Ms. Deveaux also told the court that Nurse Patricia Laing gave her two pills and told her she retrieved them from Smith’s hand. (However, Inspector Taylor testified that Laing said she had gotten the tablets from another nurse. Last month, Nurse Nadine Carey told the court that she found two pills on the bed that other witnesses testified was occupied by Mr. Stern.)
24. Hospital Security tape
Shows Daniels arrival at the hospital and Howard leaving then returning. Cuts off at 8:00am, 1 hour and 40 minutes before Daniel is found dead.
25. Ford Shelley
Friend of Anna Nicole and Daniel Smith, son-in-law of G Ben Thompson
Mr. Shelley said Daniel wanted to be more independent, that he was a brilliant young man living in a shell due to his mother's fame. He wanted to break free; he loved his mother but didn't want to be known as her son. Ford said Anna kept her drugs in a duffel bag, that he had seen methadone in pill and liquid form and prescribed under four different aliases. He also stated that Daniel could not hold his liquor and couldn’t have been a drug addict. Testified to the infamous pill flushing incident.
Cross examination: Stern lawyer tries to cast doubt on close relationship.
26. Doctor Lee Hern
Lab Director Miami-Dade County Medical Examiner's Office
Dr. Lee Hern testified that a large dose of methadone ingested was the primary factor of death. He did not believe him to be habitual drug user. Felt death was an "intentional" overdose because such large amount in short time was taken. Estimates methadone was consumed at approximately 5:30 a.m.
27. Gaither Ben Thompson
Real Estate Developer and personal friend of Anna Nicole and Daniel Smith
He told the court that the last time he saw Daniel was the night before he died. He recalled that the 20-year-old was skinnier and a little paler than usual but was "extremely happy" to see his mother and his new sister. Howard K. Stern called him the day Daniel died. "Stern said, ‘Ben you need to get to the hospital as quick as you can. It’s not good’," the G. Ben recounted. Mr. Thompson said he arrived to find Ms. Smith screaming and holding on to her dead son as Stern looked on. He testified that he witnessed Stern take three to four pictures of the deceased because "they might be worth some money one day." The witness was adamant that Stern made the remark. "I was totally shocked he was taking pictures of a dead child lying in that bed," G. Ben said.
Cross-examination by Shaka Serville. Challenged G. Ben Thompson’s statement as to Stern’s reason for taking photographs and accused Thompson of having monetary reasons to slander Stern (who still has ownership of Horizons estate hung up in other court proceedings.)
28. Ben Thompson
Son of G. Ben, brother-in-law of Ford Shelley, real estate developer
Ben Corroborated Shelley’s testimony regarding Stern having flushed two pills that fell out of Danny’s clothing and Stern’s statement, adding that the pills were egg shaped and white. He also stated it was he who had taken the photograph of methadone in the mini-fridge in Anna Nicole’s bedroom.
Cross-examination by Shaka Serville. Serville sought to show Smith had an injunction against the Thompson/Shelley family being on property and said that the methadone claims came after the legal fight over the house started.
Testimony March 18, 2008:
29. Larry Birkhead
Significant other to Anna Nicole Smith and father of her daughter Dannielynn (baby daddy)
a. He was questioned extensively about his January 24, 2007, police statement in which he reported "personally" witnessing Anna Nicole, her attorney turned boyfriend Howard K. Stern and Daniel smoke marijuana. Birkhead remembered marijuana being there, but could not recall if the three in question – Daniel, Anna Nicole and Stern, actually used it.
b. He said Anna Nicole was addicted to methadone. The witness told the court about an occasion where Anna Nicole believed her son had stolen a bottle of her methadone medication. He said although Daniel had denied taking the bottle sometime in April 2006, his mother did not believe him and checked the home’s security tape where he was shown taking the bottle. There were two friends with him at the time, Mr. Birkhead testified. He alleged that pregnant Anna Nicole was hospitalized in Cedars Sinai in Los Angeles in May 2006 to get off of methadone, and testified that he saw was witness to Stern making methadone available to Anna at different times.
c. Anna Nicole told Daniel that if he were going to experiment with drugs "she would rather him do it in her presence rather than running around experimenting with his friends," and that he had "personally observed" Daniel using the drug Ecstasy; he saw Anna give Daniel a pill that he put into his mouth. Birkhead said someone told him that the pill was Ecstasy. He was never asked the identity of that "someone."
d. “She didn’t care for the kids he was hanging out with at the community college he attended, he started breaking curfew and the rules of the house, so there was a little tension there…She suspected he was drinking alcohol and possibly doing drugs." Birkhead said he spoke to Daniel on Anna’s behalf about his behavior and alleged drug activity and that Daniel told him he wanted to move because his mother didn’t like his friends.
e. Personally, when Birkhead had a back pain and Anna Nicole offered him a pill, which she said was methadone. He said she had also offered him Ecstasy before.
Cross: Mr. Stern’s attorney Wayne Munroe argued that Mr. Birkhead’s police statement was given at a time when he was involved in litigation with Anna Nicole. At the time the couple was engaged in a paternity and custody battle over baby Dannielynn. Munroe also countered that Anna Nicole was receiving in-patient treatment for her migraine headaches, not methadone withdrawal.
Mr. Evans (attorney for Virgie Arthur) suggested to the witness that Daniel stolen the bottle to prevent his mother from taking the prescription medication, in an action similar to what Birkhead himself had admitted to doing.
30. Howard K Stern
Attorney/companion to Anna Nicole Smith
Friend of Anna Nicole and Daniel Smith, son-in-law of G Ben Thompson
Mr. Shelley said Daniel wanted to be more independent, that he was a brilliant young man living in a shell due to his mother's fame. He wanted to break free; he loved his mother but didn't want to be known as her son. Ford said Anna kept her drugs in a duffel bag, that he had seen methadone in pill and liquid form and prescribed under four different aliases. He also stated that Daniel could not hold his liquor and couldn’t have been a drug addict. Testified to the infamous pill flushing incident.
Cross examination: Stern lawyer tries to cast doubt on close relationship.
26. Doctor Lee Hern
Lab Director Miami-Dade County Medical Examiner's Office
Dr. Lee Hern testified that a large dose of methadone ingested was the primary factor of death. He did not believe him to be habitual drug user. Felt death was an "intentional" overdose because such large amount in short time was taken. Estimates methadone was consumed at approximately 5:30 a.m.
27. Gaither Ben Thompson
Real Estate Developer and personal friend of Anna Nicole and Daniel Smith
He told the court that the last time he saw Daniel was the night before he died. He recalled that the 20-year-old was skinnier and a little paler than usual but was "extremely happy" to see his mother and his new sister. Howard K. Stern called him the day Daniel died. "Stern said, ‘Ben you need to get to the hospital as quick as you can. It’s not good’," the G. Ben recounted. Mr. Thompson said he arrived to find Ms. Smith screaming and holding on to her dead son as Stern looked on. He testified that he witnessed Stern take three to four pictures of the deceased because "they might be worth some money one day." The witness was adamant that Stern made the remark. "I was totally shocked he was taking pictures of a dead child lying in that bed," G. Ben said.
Cross-examination by Shaka Serville. Challenged G. Ben Thompson’s statement as to Stern’s reason for taking photographs and accused Thompson of having monetary reasons to slander Stern (who still has ownership of Horizons estate hung up in other court proceedings.)
28. Ben Thompson
Son of G. Ben, brother-in-law of Ford Shelley, real estate developer
Ben Corroborated Shelley’s testimony regarding Stern having flushed two pills that fell out of Danny’s clothing and Stern’s statement, adding that the pills were egg shaped and white. He also stated it was he who had taken the photograph of methadone in the mini-fridge in Anna Nicole’s bedroom.
Cross-examination by Shaka Serville. Serville sought to show Smith had an injunction against the Thompson/Shelley family being on property and said that the methadone claims came after the legal fight over the house started.
Testimony March 18, 2008:
29. Larry Birkhead
Significant other to Anna Nicole Smith and father of her daughter Dannielynn (baby daddy)
a. He was questioned extensively about his January 24, 2007, police statement in which he reported "personally" witnessing Anna Nicole, her attorney turned boyfriend Howard K. Stern and Daniel smoke marijuana. Birkhead remembered marijuana being there, but could not recall if the three in question – Daniel, Anna Nicole and Stern, actually used it.
b. He said Anna Nicole was addicted to methadone. The witness told the court about an occasion where Anna Nicole believed her son had stolen a bottle of her methadone medication. He said although Daniel had denied taking the bottle sometime in April 2006, his mother did not believe him and checked the home’s security tape where he was shown taking the bottle. There were two friends with him at the time, Mr. Birkhead testified. He alleged that pregnant Anna Nicole was hospitalized in Cedars Sinai in Los Angeles in May 2006 to get off of methadone, and testified that he saw was witness to Stern making methadone available to Anna at different times.
c. Anna Nicole told Daniel that if he were going to experiment with drugs "she would rather him do it in her presence rather than running around experimenting with his friends," and that he had "personally observed" Daniel using the drug Ecstasy; he saw Anna give Daniel a pill that he put into his mouth. Birkhead said someone told him that the pill was Ecstasy. He was never asked the identity of that "someone."
d. “She didn’t care for the kids he was hanging out with at the community college he attended, he started breaking curfew and the rules of the house, so there was a little tension there…She suspected he was drinking alcohol and possibly doing drugs." Birkhead said he spoke to Daniel on Anna’s behalf about his behavior and alleged drug activity and that Daniel told him he wanted to move because his mother didn’t like his friends.
e. Personally, when Birkhead had a back pain and Anna Nicole offered him a pill, which she said was methadone. He said she had also offered him Ecstasy before.
Cross: Mr. Stern’s attorney Wayne Munroe argued that Mr. Birkhead’s police statement was given at a time when he was involved in litigation with Anna Nicole. At the time the couple was engaged in a paternity and custody battle over baby Dannielynn. Munroe also countered that Anna Nicole was receiving in-patient treatment for her migraine headaches, not methadone withdrawal.
Mr. Evans (attorney for Virgie Arthur) suggested to the witness that Daniel stolen the bottle to prevent his mother from taking the prescription medication, in an action similar to what Birkhead himself had admitted to doing.
30. Howard K Stern
Attorney/companion to Anna Nicole Smith
a. Attested to his love for Daniel. Lied.
b. Was surprised to hear the toxicology report showed methadone in Daniels system, didn’t believe he was “that kind of kid”, felt bad that he hadn’t seen the signs and been able to “save” Daniel. Lied.
c. Rejected assertions that Anna kept a litany of drugs in a duffel bag. "Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think," Stern said. Simply denied it.
d. Defended his decision to photograph Daniel and his hysterical mother minutes after Daniel was found dead. Said he took one photograph. Denied it.
That’s it. Short and sweet. Basically everyone else is lying. He denies anything and everything. There is a conspiracy against him, yadda, yadda.
People who did not appear as requested (being out of Bahamian jurisdiction, they could not be compelled to testify)
The Haitian Nannies: Nadine Alexie and Quethelie Alexis
Melanie Thompson, wife at some level to G. Ben Thompson, of South Carolina
Jack Harding, private investigator, California
Ray Martino, guardian of Daniel in California up to the day of his death.
California Doctor Sandeep Kapoor
c. Rejected assertions that Anna kept a litany of drugs in a duffel bag. "Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think," Stern said. Simply denied it.
d. Defended his decision to photograph Daniel and his hysterical mother minutes after Daniel was found dead. Said he took one photograph. Denied it.
That’s it. Short and sweet. Basically everyone else is lying. He denies anything and everything. There is a conspiracy against him, yadda, yadda.
People who did not appear as requested (being out of Bahamian jurisdiction, they could not be compelled to testify)
The Haitian Nannies: Nadine Alexie and Quethelie Alexis
Melanie Thompson, wife at some level to G. Ben Thompson, of South Carolina
Jack Harding, private investigator, California
Ray Martino, guardian of Daniel in California up to the day of his death.
California Doctor Sandeep Kapoor
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