Jury: Smith son died of drug overdose

Upper Right: All that is left of Daniel Wayne Smith

Lower Right: Stern with blood on his hands



This is the last post I will ever make on these people. I don't know
when I have ever been so sickened over a miscarriage of justice.
May the Sterns and the Bahamas all burn in hell.

3/31/2008, 2:09 p.m. EDT
By TOSHEENA ROBINSON-BLAIR The Associated Press

NASSAU, Bahamas (AP) — A Bahamas jury ruled Monday that Anna Nicole Smith's son died from an accidental drug overdose, just like his mother.

The seven-member jury, which deliberated for less than two hours, recommended no criminal charges in the September 2006 death of 20-year-old Daniel Smith...


Police had said there was no evidence of homicide, and autopsies found that Daniel died from a combination of drugs, including methadone and antidepressants. But Bahamian authorities ordered the inquest amid widespread speculation over the circumstances surrounding his death.

In its ruling, the jury said the cause of death was "nondependent use of drugs," meaning that Daniel Smith was not addicted and was not aware the drugs in his system would kill him.

Neil McCabe, an attorney for Anna Nicole's mother, Virgie Arthur, said she was disappointed in the ruling because she suspected foul play was involved. Arthur has claimed previously that Anna Nicole's boyfriend and attorney Howard K. Stern played a role in both deaths, but she did not provide evidence.

"We don't think it makes any sense," McCabe said. "The boy was not a drug user, the judge said so. Why would he all of a sudden take a massive dose of methadone?"

Stern, who has denied giving Daniel any drugs, said outside court that he was not sure whether the jury's decision would bring an end to the case.

"I have no control over them," he said of Arthur and her attorneys.

Magistrate William Campbell said the jury's decision ended the case as far the courts in the Bahamas were concerned.

The inquest began in November and heard from more than two dozen witnesses. Anna Nicole's former boyfriend, Larry Birkhead, testified that Daniel was a troubled young man who struggled with drugs and alcohol. But Stern said he was surprised at the autopsy report and said he had never seen Daniel using drugs.

Stern, who came to the Bahamas with Anna Nicole during her pregnancy in 2006, initially claimed he was the father of her infant daughter, Dannielynn. He gave up custody last spring after DNA tests proved Birkhead was the father...

Daniel Wayne Smith Inquest

Couple of things--

In May, 2006, Anna Nicole had won a ruling by the Supreme Court that said she had a right to pursue an inheritance from the late J Howard Marshall in federal court. Stern is suing the Marshall estate now on behalf of the Smith estate, and everyone is dead. He just believes if he hangs in long enough, Marshall’s estate will settle, which the family has sworn never to do.

On a side note, I would really like to know where Stern was and what he was after Anna Nicole went to South Carolina with Ford Shelley. Especially on June 23, 2006, when E. Pierce Marshall died unexpectedly of an odd aggressive infection. Stern, who never left Anna alone, had left her in South Carolina and Florida from June to sometime in July. He says he was working on the Supreme Court case. I do not believe him.

Not to mention that Daniel is hospitalized in California for one week in June due to back pain and Anna Nicole is not by his side? She stays in hiding from Birkhead. Not ringing true.

Was Eroshevich there? There is still the question of WHO sedated Anna to unconsciousness prior to her being released from the hospital after Daniel died. That’s unheard of. Sedate a patient and send them home?

Ray Marino never takes the stand. He’s the person Daniel was living with for his last year or so of his life and would know Daniel’s frame of mind better than anyone. One story is he claimed to have lost his passport?

The Private Investigator Daniel talked to also does not appear. I can see where a PI would not want to have to testify under oath--but it sure would have helped in this case. He wasn't hired--I don't know if that would make a difference.

It seems funny to me that Ford Shelley is convinced of Sterns guilt, yet his testimony could be interpreted to indicate that Daniel MIGHT have killed himself. Damn courts. People are only allowed to answer the questions without filling in the gaps.

.

As he did when Anna Nicole died, Stern made odd phone calls during the emergency. He called Shane Gibson, Ben Thompson, and possibly Ford Shelley and Ben Thompson Jr. So that answers the question from the first day of testimony “who were all the men in the room trying to pry Anna off of Daniel?”

Daniel and Anna Smith

Stern Testifies In Smith Inquest

Text in red italics are my personal comments, just my own opinion...Prairie Chicken

March 19th, 2008
By TOSHEENA ROBINSON-BLAIR

A close friend of the former US reality TV star the late Anna Nicole Smith not only recounted the final hours of the celebrity’s 20-year-old son’s life while on the witness stand Tuesday, but also refuted previous testimony that he possibly got rid of evidence.

California attorney Howard K. Stern was the last witness to take the stand in the Coroner’s Inquest that began in November, but was delayed while the court tried to secure testimony from American witnesses – who are not compelled to come to The Bahamas to give evidence in the matter.

On the witness stand Tuesday, Mr. Stern described the young man as a good person, even though his mother sent him to live with caretaker Raymond Martino after friction between the two reportedly developed in May 2006. There has been speculation that Stern orchestrated the friction between Anna and Daniel, and that Daniel went to live with Martino so he didn't have to watch Stern manipulate her. It was during this time that Daniel spoke with a private investigator, concerned about the control Stern had over Anna.

"I had a lot of love for Daniel," said the attorney, who told the court that he knew the young man since 1997. Words are cheap. Once Daniel became a young man and could see through Sterns manipulative ways, he became a liability to Stern.

"I thought he was looking for freedom, a little more independence. I myself went through the same thing with my parents."

Mr. Stern told the court that he had never seen Daniel use any type of illicit drugs. Wasn't it Stern who installed all the video cameras in Anna's house? He knew what everyone did in the house, because he taped it all. creepy.

"I did not believe Daniel had died of a drug overdose at all. Even after the toxicology report came back I thought that it was some kind of set-up…He was not that kind of kid." No, he wasn't.

An autopsy concluded that Daniel Smith died on September 10, 2006 from a lethal combination of drugs – the most lethal being the powerful pain killer methadone. Which Daniel had no connection to. No prescription, none found on him. Only quarts of liquid and bottles of pills ordered by Stern in one of Anna's alias'.

Mr. Stern said when he picked Daniel up from the airport the night of September 9 he appeared to be in a good mood.

"He kept saying, ‘I can’t believe I have a baby sister. I can’t believe it’," the Stern recalled.
However, he noted that the young man was paler and thinner than usual having spent a week in July in the Intensive Care Unit at a hospital in Burbank, California for severe back pain and depression over his break-up with his girlfriend, Maya. In two years this is the first I've seen an actual NAME of a girlfriend, and still, is this a real person, or another set up story? Anyone ever seen or talked to her? Has anyone checked the supposed hospital records? How does Daniel spend a week in the hospital in California, and Anna is not by his side? I don't buy it. They were glued at the hip, and she wasn't there when he was in severe pain, hospitalized?

Mr. Stern also told the court that it was Daniel who first occupied the hospital room bed where nurse Nadine Carey previously testified that she found two, small, white pills. He is the ONLY person to say Daniel was lying in that bed. Every other person said no, only Stern lay there.

Smith died at Doctors Hospital three days after his mother gave birth to her second child, Dannielynn.

Mr. Stern told the court Tuesday that even after doctors called off their resuscitation efforts on Daniel, his mother still attempted to do chest compressions and asked Mr. Stern for assistance with ventilation.

"Anna screamed, ‘No. No.’ She did not accept that Daniel had died. She was screaming (that) she did not want to trade out children," the Stern recounted.

"She was just devastated. There is no way I could describe how I felt…Anna was inconsolable. She was wearing a cross necklace. She actually pulled it off her neck and threw it against the wall."

He admitted to taking one picture of Ms. Smith cradling her dead son. Mr. Stern said he took the photograph because Anna asked him to do it. I'm pretty sure when a person's child dies, getting a photograph package is way down on the to-do list.

On the witness stand last month, South Carolina real estate developer G. Ben Thompson said he witnessed Mr. Stern take three to four pictures of the deceased because "they might be worth some money one day."

However, Mr. Stern disputed testimony given by South Carolina developer Ford Shelley that he flushed pills allegedly found in Daniel’s jeans pocket after he had died.

Mr. Thompson’s son, Ben, testified that he and his brother-in-law, Mr. Shelley, witnessed Mr. Stern get rid of the two pills. The younger Thompson said Mr. Stern told them in getting rid of the pills he "took care of a problem."

Mr. Stern said that entire incident simply never happened. Stern was just trying to cover his ass. Once the nurses found the 2 pills in the bed, he put 2 in Daniels pants pocket ("dropping" a couple in front of witnesses, so it might look like he was trying to protect Daniels reputation by flushing them) and threw a handful (26) in Daniels bag. Usually if you take medication on an airplane, the pills are in the bottle, or at least contained in some manner--(a baggie, even?)--but not just loose in a suitcase with your clothes. But Stern couldn't leave the container, so just tossed them in there, trying to divert attention to Daniel. More important though; those drugs were not in Daniels system. Soma, not at all and methadone, a sudden 20X overdose from liquid. NOTE: there was no methadone in his bile duct, which would indicate past usage.

The Thompson's, once close friends of Ms. Smith, are embroiled in a legal dispute with her estate over the ownership of the Eastern Road Horizons house where the Anna Nicole lived while in The Bahamas. Anna talked Ben into signing a quit-claim deed on the property even though she had not secured a mortgage or signed a note. She told Ben she had to have it to get her Bahamian residency. He signed it over. He had paid 900K for the property, then spent 50K on landscaping for her. It all went south when he presented her with an agreement that she would pay 1.4 mil for it, instead of 950K. She accused Ben and Ford of trying to make money off of her and Stern told her that with the quit-claim deed signed, she didn't have to pay. So she said it was a gift. The rest is history.

Mr. Stern said he never saw Ms. Smith give her son drugs and he knew nothing about Daniel taking a bottle of methadone from his mother as alleged by Dannielynn’s father Larry Birkhead in court Monday.

He also denied Mr. Birkhead’s testimony that Ms. Smith was hospitalized in April 2006 in order to kick her methadone addiction. Mr. Stern said he took her to the hospital because she suffered from migraines. There are hospital records, no? Why doesn't anyone get them? It would be easy to see who is lying and who is not.

The attorney said the only thing Mr. Smith had in her duffel bag were clothes and personal items and not a bottle of methadone as alleged by Mr. Birkhead. And Ben Thompson and Ford Shelley and the nannies who were suddenly deported back to Haiti so they couldn't testify, and Big Moe, his wife, the Broward County law enforcement. Did anyone else notice that at the beginning of the proceedings it was reported several times that Elizabeth Thompson, Esq., was representing the nannies, but then they disappeared?

The inquest resumes Thursday with brief final submissions from the attorneys involved and the summing up of the case by Magistrate William Campbell before the case is handed over to the jury for a decision.
………………………………….

Jury To Get Smith Case
By TOSHEENA ROBINSON-BLAIR

Daniel Smith, right, and his celebrity mother Anna Nicole Smith both died of drug overdoses under suspicious circumstances.

In less than a week, the coroner’s court probe into the death of a former Playboy playmate’s son is expected to go to the jury.

On Thursday, the inquest into the death of Daniel Smith – the deceased son of late TV actress/model Anna Nicole Smith – reached a crucial stage when the attorneys involved made their final summation before Magistrate William Campbell, who is sitting as the coroner in this matter.

During their submissions, the media and jury were kept outside the courtroom.

With all the evidence in, the seven-member jury must formally decide the legal cause of the death of Daniel Smith, 20.

Before that can happen, though, Magistrate Campbell must first sum up the main points of the case.

Last Tuesday, he had hinted that he was likely to do just that Thursday, but that did not happen.

Rather, he told the jury that evidence in the matter appears to be simple but "it requires further time for review."

The coroner’s jury has the power to recommend criminal charges if it finds evidence of wrongdoing.

Daniel died at Doctors Hospital almost two years ago while visiting his mother who had just given birth to a baby girl.

Magistrate Campbell advised the court last week that the matter would be adjourned to March 31 at 10am. He told jurors that the case is to be decided only on the evidence heard in court.

Police have said there is no evidence of homicide in Daniel’s death. No broken bones, bruises, bullet holes, lacerations or stabbings.

About six months after Daniel’s death, his mother suffered a fatal prescription drug overdose in Florida.

An autopsy found the likely cause of Daniel’s death was a combination of eight different drugs – a mixture of stimulants and depressants.

The court previously heard that the most lethal of the eight would have been the deadly painkiller methadone.

More than 30 witnesses have been called in this matter since it began last November, including a number of medical professionals, police officers, and friends of the late reality T.V. star and her son.

The court has heard that Daniel’s drug overdose was likely intentional because it was such a large volume ingested in a short space of time. Intentional could mean self-ingestion or ingested without his knowledge. So this is an interesting sentence.

During testimony, it was also indicated that about 26 tablets were found in Daniel’s suitcase and two pills were found in a hospital bed that nurses claimed was occupied by Anna Nicole’s attorney-turned-boyfriend Howard K. Stern.

However, earlier this week, Mr. Stern told the court that Daniel first occupied the bed where a methadone pill and a muscle relaxant pill were found.

According to Mr. Stern, Daniel was hospitalized for back pains and was depressed over a break-up with his girlfriend. Again, I'm asking for doctor or hospital records, or some verification from "Maya" the girlfriend.

Inquest of Death of Daniel Wayne Smith--Complete Witness List

Right: a post adolescent Daniel

Testimony 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.

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

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.

15. Coralee Young
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

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

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

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

Final day of Testimony--Daniel Wayne Smith Death Inquiry

By Tosheena Robinson-Blair
Associated Press
March 20, 2008

Anna Nicole Smith's longtime lawyer and companion told a court Tuesday he was surprised to learn an overdose killed the Playboy playmate's son, saying he never suspected the young man was abusing drugs.

Howard K. Stern, the final witness to testify at the inquest to determine what killed Daniel Smith in September 2006, said he thought a toxicology report showing the 20-year-old died from a combination of drugs, including the painkiller methadone, was false because it didn't fit with his impression of the son.

"I didn't believe Daniel died of a drug overdose at all. Even after the toxicology report came back, I thought that was some kind of set up or something," Stern said in the inquest, which ended Tuesday. "He wasn't that kind of kid."

Stern's account contradicted the portrayal given Monday by another former Anna Nicole boyfriend, Larry Birkhead, who described the young man as troubled and apparently struggling with drugs and alcohol.

Stern said he regrets not recognizing that Daniel's health was deteriorating shortly before he died in the Bahamas, the island nation that became the center of a bitter custody dispute for Anna Nicole's baby daughter when the 39-year-old model died Feb. 8, 2007, from an overdose of prescription drugs.

"Daniel said to me, 'I don't know why I'm so tired.' I didn't think anything of it," Stern said. "I wish I had."

He also rejected previous testimony by Ford Shelley, the son-in-law of a developer who was embroiled in an ownership dispute over the Bahamas estate where Anna Nicole lived, who claimed the late reality TV star kept her numerous prescription drugs in a duffel bag.

Stern, who is the executor of Anna Nicole's estate, denied ever giving Daneil any drugs. "Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think," Stern said.
Stern testified he took a photograph of Anna Nicole cradling her dead son after his collapse in her hospital room. "I did that for her and I would do it again," he said, adding that Anna Nicole requested the picture to be taken.

At the time of his death, Daniel was visiting his celebrity mother after she had given birth to daughter Dannielynn in a Nassau hospital. Anna Nicole's fatal overdose in Florida occurred about six months later.

Stern was the last witness to testify before a seven-member jury that will formally determine what killed Daniel and has the power to recommend criminal charges if it finds evidence of wrongdoing.

The judge was scheduled to turn the case over to the jury for deliberations on Thursday.

Police have said there is no evidence of homicide in Daniel's death, and an autopsy found the likely cause of death was a combination of drugs, including methadone and antidepressants.

Note: hours after this posted, it was determined that the seven-member panel would return their decision on March 31, to enable adequate time to evaluate all of the testimony.

The Inquiry of the Death of Daniel W Smith

By TOSHEENA ROBINSON-BLAIR
March 18th, 2008

DANIEL SMITH INQUEST. Larry Birkhead, the father of the late Anna Nicole Smith’s infant daughter, took the witness stand in the Coroner’s Court yesterday and was questioned about the statement he gave to police about Daniel Smith’s alleged illegal drug usage. Mr. Birkhead is shown on his way to court.

A Coroner’s Inquest into the death of Daniel Smith – the son of the late U.S. reality TV star Anna Nicole Smith – yesterday heard how the former Playboy playmate allegedly gave her son illegal drugs.

On the witness stand Monday, Larry Birkhead – the father of Anna Nicole Smith’s 18-month-old daughter, Dannielynnn – 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.

In that statement, Mr. Birkhead said Anna Nicole was addicted to methadone, and that he had "personally observed" Daniel using the drug Ecstasy.

However, 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 Danielynn.

Mr. Birkhead said he was at Anna Nicole’s home in Studio City, California, when he saw her give Daniel a pill that he put into his mouth. Mr. Birkhead said someone told him that the pill was Ecstasy. He was never asked the identity of that "someone."

On the witness stand Monday, Mr. Birkhead said he remembered Anna Nicole telling 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."

The witness told the court that Anna Nicole, whose real name was Vicky Lynn Marshall, became concerned about her son in early 2006. “She didn’t care for the kids he was hanging out with at the community college he attended," Mr. Birkhead testified.

"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."

Under questioning by Milton Evans, the attorney representing the interest of Daniel Smith’s father, Jesse, (you mean Billy Wayne?) and his maternal grandmother Virgie Arthur, Mr. Birkhead said he could not recall the year of the marijuana incident. He thought it likely happened in either 2005 or 2006.

While on the witness stand, Mr. Birkhead said he remembered marijuana being there, but could not recall if the three in question – Daniel, Anna Nicole and Stern, actually used it. On another occasion, Mr. Birkhead said he 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.

Continuing with his testimony, Mr. Birkhead said in 2006, Daniel had lost about 20 pounds. Concerned over his welfare, Anna Nicole asked him to talk to her son, which Mr. Birkhead said he was reluctant to do.

He said it was a job that Mr. Stern was more likely to take on if he were around, but he was busy dealing with a legal matter. Mr. Birkhead said he finally acquiesced and Daniel told him that he wanted to get his own place, because his mother did not like any of his friends.

The witness also 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.

Mr. Evans suggested to the witness that Daniel swiped the bottle to prevent his mother from taking the prescription medication, in an action similar to what Birkhead himself had admitted to doing.

Mr. Birkhead also alleged that Anna Nicole was hospitalized in Cedars Sinai in Los Angeles in May 2006 in order to "get off of methadone. "However, Wayne Munroe – the attorney for Mr. Stern – told the court that Anna Nicole was receiving treatment for her migraine headaches.

Mr. Birkhead also testified that he saw a bottle of methadone in a duffle bag in Anna Nicole’s hospital room’s closet. He said at one time he saw Mr. Stern give her that same duffle bag.
South Carolina real estate developer, Ford Shelley, previously told the court that Anna Nicole had the methadone drug in both the tablet and liquid form and that she traveled with a Coach duffle bag filled with her "medication."

Dr Lee Hern of the Medical Examiner’s Office in Miami Dade County also previously testified that methadone likely caused Daniel’s death. He said it was likely an "intentional ingestion" as it was a large dose consumed over a short period of time.

Two toxicology reports – one produced by Dr Hern’s office – indicated that Daniel had a combination of eight drugs in his system – a mixture of anti-depressants and stimulants.
Daniel Smith died in his mother’s Doctors Hospital room on September 10, 2006 – three days after she had given birth to his sister, Dannielynn.

Mr. Birkhead told the court that he was concerned about the amount of prescription drugs that Anna Nicole took because she was pregnant with his baby at the time.

Neil Braithwaite, senior counsel in the Attorney General’s office wants to call two more witnesses to the stand – Melanie Thompson and private investigator Jack Harding – before wrapping up with Mr. Stern.

In court Monday, Mr. Braithwaite said Harding was contacted but did not return the AG’s office calls, while Ms Thompson’s family attorney was advised about the adjourn date.
Since the remaining witnesses are out of the court’s jurisdiction, they cannot be compelled to attend the proceedings.

Magistrate William Campbell has said that Stern – who will be recalled to the witness stand – needs to testify last because he is "the only interested party."
The remaining witnesses are not being called to assist in determining Daniel’s cause of death, but rather the circumstances surrounding his demise.

Bahamas Resumes Daniel Smith Death Probe
By Tosheena Robinson-Blair
Associated Press
March 19, 2008

Anna Nicole Smith was concerned about her adult son's friends and drug use before he died, though she also once apparently gave him an Ecstasy pill, a former boyfriend of the now-deceased Playboy playmate testified Monday.

Larry Birkhead, testifying at an inquest into the September 2006 death of 20-year-old Daniel Smith, said there was "a little tension" between Anna Nicole and her son between January and May of that year while they lived in Los Angeles.

She had concerns about his drinking too much and possibly taking drugs, noting that he had lost about 20 pounds and was breaking curfew, Birkhead told a jury determining the official cause of Daniel Smith's death in a hospital in Nassau, the Bahamian capital…

In response to a question, Birkhead said he did not know if Daniel might have removed the bottle to prevent Anna Nicole from taking the methadone - a drug she had struggled at times to drop.

Wayne Munroe, a lawyer for Stern, noted that Birkhead was embroiled in a custody fight with Stern at the time of the police statement.

The inquest began in November but was delayed while the court tried to secure testimony from witnesses in the U.S. The final witnesses are expected to testify this week.

Court: Daniel Smith Wasn't Murdered

I'm totally sickened by the blatant deceit, theft, corruption and murder that has simply been swept away like a Plumeria petal on a wave. Oh, I don't really care about Anna Nicole aka Vicky Lynn Smith. Her whole persona was a fairy-tale with a ghetto underbelly; a user who was ultimately used to death. But Daniel didn't deserve this. A shy 20-year-old man plaintively murdered by the very man he was afraid of. Embarrassed by the mother he loved so much and was so close to, but unable to save her from her low-life svengali and her own addictions. After I post the latest articles, I'll update the witness list. Please check back. And please take a moment when you read this to offer a prayer or meditation for Daniel. My belief is that he will hear it and will be comforted by your gift.

Anna Nicole Smith's baby named heir

March 5, 2008

LOS ANGELES - Anna Nicole Smith's daughter will inherit her late mother's estate. A Los Angeles judge on Tuesday also set up a trust in the name of 18-month-old Dannielynn Hope. Her father, Larry Birkhead, and Smith's executor, Howard K. Stern, will be co-trustees.

Stern had sought to clarify Smith's 2001 will that left her estate to her then only son, Daniel, but split his assets if Smith had future children.

Smith died in February 2007, just months after Daniel's 2006 death and his sister's birth. Dannielynn could inherit millions of dollars if the estate wins an ongoing court fight over the oil fortune of Smith's late second husband, J. Howard Marshall.

Updated Witness List, by Day of Testimony, January 31, 2008

Testimony Nov 19, 2007

1. Albury St. Louis

Inspector Royal Bahamas Police Force’s Criminal Records Office.

Took six 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 had control over Anna Nicole Smith for several years.

Testified about when he met Anna, that Anna and Danny were emotionally close, that he had identified Danny at the morgue; verified that the dead man in six photos were 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.

Note: Dr. Iferenta stated in the initial police report that of all the procedures used to resuscitate Daniel, none would leave the abrasions noted on his body at the time of death.

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. 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." Note: This contradicts Stern, who tried repeatedly to say that Daniel had been sleeping in the other bed, where the loose pills were found.

8. 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.

9. Mavis Davis

Phlebotomist.

Mavis testified that she did not notice anything wrong with Smith before medical personnel found him unconscience at 9:40 a.m.

10. Nadine Carey

Nurse.

Testified that she found two round tablets on the bed that hospital employees previously said was occupied by Stern. She did not say what kind of pills they were, only that they were turned over to senior nursing staff. Note: Ms Carey was quoted immediately after Daniels death as saying that she recognized the pills as one soma and one methadone tablet.

11. Catriona McGaggart

Nurse.

Said that Anna Nicole Smith was crying hysterically as medical personnel frantically tried to revive her son after his collapse. Note: Initially said she heard Anna Nicole crying out "you did this."

Testimony Dec 10, 2007 Monday

12. 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 methadone was 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. Note: Dr Raju contradicts Dr Iferenta by stating that the abrasions on Daniels body COULD be due to the medical staff's attempts to revive him.

13. 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, "my baby boy." Note: Immediately after his death, Ms Nairn said that she heard Anna Nicole repeatedly crying out "you did this!"

Note: During the time Anna Nicole was crying hysterically, Stern had begun to take photographs of Daniels dead body and Anna in distress.

14. Dr. Charles Diggis

Surgeon Chief Medical Examiner.

Testified as to and explained the “Code Blue” procedure at Doctor’s Hospital.

15. Corporal Addie Findley

Policeman.

One of the first police officers on the scene at Doctors Hospital.

Monday December 11, 2007

16. Quinn McCartney

Bahama Police Forensic Chief Superintendent.

Testifies that Daniel had 10 times the lethal dose of methadone in his system, and that it COULD have been in his system when he arrived. Note: Author not clear on whether he meant arrived in Nassau or Drs Hosp.

17. Frederick Taylor

Bahamas Police Inspector.

Testifies that Shane Gibson, former Immigration Minister, was at the hospital when Taylor and other officers arrived. Note: It was Shane Gibson who fast tracked Anna's application for permanent residency, and lost his job when photo's of himself and Anna romping were made public.

Wednesday December 12, 2007

Magistrate William Campbell ruled there were too many scheduling conflicts between witnesses and attorneys at the inquest and adjourned the inquest until January 28, 2008.

Tuesday January 29, 2008

16. Doctor Lee Hern

Lab Director Miami-Dade County Medical Examiner's Office

Dr. Lee Hern testified that the primary factor of death was ingestion of a large dose of methadone. He did not believe Daniel to be habitual drug user. Felt death was an "intentional" overdose because such large amount in short time was taken. Note: Does not speculate as to whether methadone was taken knowingly or unknowingly.

17. 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 testified that 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.

Cross examination: Stern lawyer tries to cast doubt on close relationship.

Wednesday January 30, 2008

18. Gaither Ben Thompson (G. Ben Thompson)

Real Estate Developer and personal friend of Anna Nicole and Daniel Smith

G. Ben 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. He testified that 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’." 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.)

19. 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 at the house. Note: This is the day Daniel died. Stern called Thompson Sr to come to the hospital, yet had a restraining order against them?

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. Note: Not true, the house dispute came while Anna Nicole was still pregnant. She got pissy when they wanted a note for 1.4 million and she knew they bought it for 900K. That's her whole "you used me" rant against Shelley on a film clip.

No word on whether the nannies testified as rumored yesterday.

The inquest resumes on March 17, 2008, when the last four witnesses, including Larry Birkhead and Howard K Stern are expected to be called to the witness stand.

Witnesses Tell of Events After Death of Daniel Smith

By TOSHEENA ROBINSON-BLAIR
January 31, 2008

After Death of Daniel Smith
The coroner’s inquest into the death of Daniel Smith, the son of the late reality TV star Anna Nicole Smith, continued Wednesday with a father and son – both South Carolina real estate developers – taking the witness stand.

The two, once close friends of Ms. Smith, are embroiled in a legal dispute with her estate over the ownership of the Eastern Road house – known as Horizons – where she lived while in The Bahamas.

G. Ben Thompson was the first witness to take the stand, and testified about the events surrounding the 20-year-old’s death on September 10, 2006.

Mr. Thompson described the former Playboy Playmate as "a very dear friend" who stayed at his houses at different points in time.

He told the court that the last time he saw Daniel was the night before he died.

Mr. Thompson recalled that although the 20-year-old was skinnier and a little paler than usual, he was "extremely happy" to see his mother and his newborn sister, Dannielynn.

Mr. Thompson recalled how Ms. Smith’s attorney turned companion, Howard K. Stern, called him the day Daniel died.

"He said, ‘Ben you need to get to the hospital as quick as you can. It’s not good’," the witness recounted.

Mr. Thompson said he arrived to find Ms. Smith screaming and holding on to her dead son as Mr. Stern looked on.

The developer said he witnessed Mr. Stern take three to four pictures of the deceased because "they might be worth some money one day."

Under cross examination, Shaka Serville – a member of Mr. Stern’s legal team – sought to argue that the photos were taken by his client to convince a distraught Ms. Smith, who was in a state of denial, that her son was really dead.

Mr. Serville called the witness’ statement a "fabrication."

The witness was adamant that Stern made the remark.

"I was totally shocked he was taking pictures of a dead child laying in that bed," Mr. Thompson said.

Mr. Serville said the witness’ statement about money was born out of animosity toward Mr. Stern because – as the executor of Ms. Smith’s estate – he’s the only thing standing in the way of Mr. Thompson’s sale of Horizons.

The other witness in the day’s proceedings, Mr. Thompson’s son, Ben, testified that he and his brother-in-law Ford Shelley witnessed Mr. Stern get rid of two pills found in a pair of jeans previously worn by Daniel.

Corroborating testimony given by Mr. Shelley on Tuesday, the younger Thompson said Mr. Stern told them in getting rid of the pills he "took care of a problem."

Ben described the pills as being egg shaped and white.

He also testified that in February 2007, he photographed a bottle of methadone at the Horizons house. He said he later turned the photograph and his statement on the matter over to the California Justice Department.

During cross-examination, Mr. Serville sought to show that at the time Mr. Thompson took the photos an injunction barring him and his father from the property was in effect.
The attorney pointed out that the methadone claims came after the legal wrangling over the house started.

The inquest resumes on March 17, when the last four witnesses, including Dannielynn’s father Larry Birkhead and Mr. Stern, are expected to be called to the witness stand.

http://www.jonesbahamas.com/?c=45&a=15627

Inquest Resumes Into Death of Anna Nicole Smith’s Son

The Bahama Journal

January 30, 2008

By TOSHEENA ROBINSON-BLAIR
A Coroner’s Court on Tuesday heard how pregnant U.S. reality T.V. star Anna Nicole Smith traveled with a satchel of prescription drugs – including methadone – a narcotic that two toxicologists’ reports indicated caused her son’s death in September 2006.

South Carolina real estate developer, Ford Shelley, told the court that when he and his wife unpacked Ms. Smith’s belongings when she came for a visit in May 2006, he saw a pharmaceutically labeled bottle of methadone belonging to the former Playboy Playmate.

He testified that she had the drug in both the tablet and liquid form and that Ms. Smith traveled with a Coach duffle bag filled with her “medication.”

Methadone is used to wean heroine addicts from their addiction. It is also used as a pain killer.

“I never saw Anna personally take any of the medication. She told us what she was taking. I was concerned because of her pregnancy,” Mr. Shelley told the court Tuesday.

He said the prescription drug labels were made out to more than three different aliases that Ms. Smith used.

Mr. Shelley and his father-in-law, G. Ben Thompson, have been involved in legal wrangling with the Anna Nicole Smith estate over ownership of the Eastern Road Horizon home where the former starlet stayed while she resided here.

The litigation began before Ms. Smith died almost a year ago.

Mr. Shelley also told the court about witnessing Ms. Smith’s long-term companion, Howard K. Stern, find two pills in the jeans of her son (Daniel Smith) shortly after he died.

“He walked into the bathroom and flushed the two pills. I asked Howard what he had done and Howard said he ‘took care of a problem’,” Mr. Shelley recalled.

He said as far as he knew Daniel was not suicidal.

The real estate developer testified that Ms. Smith had stayed at his home in Myrtle Beach, the Florida Keys and in The Bahamas to get away from the media.

He said Ms. Smith had “a high-risk pregnancy” and did not want to have to deal with her baby’s father, Larry Birkhead.

Mr. Shelley told the court that Daniel was “a brilliant” and “awesome” kid, who loved his mother, but couldn’t handle her fame.

He remembered Daniel as “being afraid of his own shadow” and said he would never kill himself.

Under cross-examination, Mr. Stern’s attorney Wayne Munroe painted Daniel as a young man who suffered from serious depression and had recently broken up with his girlfriend.

Mr. Shelley’s testimony regarding the likelihood of Daniel’s death being a suicide conflicted with the evidence given by Dr. Lee Hern of the Medical Examiner’s Office in Miami Dade County.

Dr. Hern told the court that, “clearly the methadone was the key in understanding this death.”

“But for the methadone he would not have died.”

Asked by Director of Public Prosecutions, Bernard Turner, whether he thought the drug consumption was deliberate or unintentional, in his expert opinion, Dr. Hern said there was “a high degree of probability” that it was “an intentional ingestion.”

Substantiating his claim he pointed to the large amount ingested over a short period of time.

However, he said in order to determine whether a suicide occurred officials would have to look at other things like statements to the family and the history of the deceased.

Mr. Munroe pointed out that Daniel was on prescription anti-depressants, was previously hospitalized for pain in July 2006 and was admitted to the Intensive Care Unit suffering from “serious depression.”

Daniel died in his mother’s Doctors Hospital room on Sunday, September 10, 2006 – three days after his mother gave birth to her second child.

Two toxicology reports – one produced by Dr. Hern’s office – indicated that Daniel had a combination of eight drugs in his system – a mixture of anti-depressants and stimulants.

Dr. Hern told the court that Daniel likely took the methadone tablets around 5:30am and 20 to 30 minutes later he would have become lethargic, enter into progressively deeper sleep and died two to three hours later.

Previous testimony from hospital officials indicated that a code blue alert went out for the young man around 9:40am.

http://www.jonesbahamas.com/?c=45&a=15605

Sooo, Stern is trying to set this up as a suicide. We have Shelley saying Stern took pills from Danny's pocket & flushed, that Daniel had recently been depressed and had a break up with a girl friend. The girl friend story I don't believe at all. If there were a girl friend, the media would have found her by now.

I'm starting to see the end. Stern WILL get off. The Bahama government won't want to spend the money it would take to try him on murder, since by now they can probably see the pattern of dragging each question out, postponing to the end. All of the primary players in the Marshall estate are now dead, but Stern is still carrying that suit on as well.

Revisiting Howard K. Sterns comments to Larry King on Sept 26, 2006

Daniel Wayne Smith Inquiry

CNN LARRY KING LIVE
Interview With Howard K. Stern--excerpts only
Aired September 26, 2006 - 21:00 ET

…KING: You have no doubt in your mind then that it was accidental?

STERN: There's just no way that Daniel would have taken his life, I mean he was so, so excited to come here and see his mom and be with his sister. You know, I talked to him on the car ride when I picked him up from the airport, and I just -- I couldn't fathom that he would have done this intentionally. (inaudible) at this point... Well, he didn't, did he? You have a taped statement that he was not unstable.


…STERN: I was there, yes, I was there. Anna woke me up. This was the next morning now. Stuff happened through the night where, you know, at first I was going to sleep on the floor in between the two beds. There were two hospital beds and Anna was in the bed closest to the window and Daniel was in the bed closest to the door. Two nurses have testified that this was not true. And, Daniel at some point said to me that, you know, he wasn't really that tired, so why didn't I just take the bed and he was going to sit up and watch TV.

And then, at one point Daniel said to me how come I'm so tired? If he had ingested a large amount of methadone, he wouldn't have asked this. He would know why he was tired. And, in hindsight I wish that I had seen that as some sort of a signal and seen that something wasn't right."

KING: So, what happened? Did he just like close -- did he close his eyes or what?

STERN: Well, I mean the next thing that I remember that happened from my perspective is that in the morning Anna said, Howard, Howard, Daniel's not breathing. So I, you know, went over there really quickly. And, at this point Daniel had moved into bed with his mom, so they were actually staying in the same bed. And, I checked Daniel's neck and I didn't feel anything and we called, you know, the nurses…


…KING: Howard, did they have to sedate her right after this?

STERN: Yes, they did. She refused to leave her son. She refused to leave her son. And, you know, the doctors advised us that we should probably check her out of the hospital lets see if any doctors testify to drugging a woman to unconciousness, then having her sent home because the media was going to be coming and it was going to be a, you know, make the whole situation even worse. So, she did have to be sedated in order to leave.

KING: Tragic.

STERN: And she was sedated. And WHO sedated her? Dr Erosivich? She actually doesn't remember that night right now… no, I'd bet she didn't at that point...

Updated Witness List, by Day of Testimony

Inquest of Daniel Wayne Smith, Nassau, Bahamas

Testimony 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 mothers lawyer/ person who 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.
Note: Dr. Iferenta stated in the initial police report that of all the procedures used to resuscitate Daniel, none would leave the abrasions noted on his body at the time of death.

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. Francis WoodsideNursing 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." Note: This contradicts Stern, who tried repeatedly to say that Daniel had been sleeping in the other bed, where the loose pills were found.

8. 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.

9. Mavis Davis
Phlebotomist.
Mavis testified that she did not notice anything wrong with Smith before medical personnel found him unconscience at 9:40 a.m.

10. Nadine CareyNurse.
Testified that she found two round tablets on the bed that hospital employees previously said was occupied by Stern. She did not say what kind of pills they were, only that they were turned over to senior nursing staff. Note: Ms Carey was quoted immediately after Daniels death as saying that she recognized the pills as one soma and one methadone tablet.

11. Catriona McGaggart
Nurse.
Said that Anna Nicole Smith was crying hysterically as medical personnel frantically tried to revive her son after his collapse. Note: Initially said she heard Anna Nicole crying out "you did this."

Testimony Dec 10, 2007 Monday

12. 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 methadone was 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. Note: Dr Raju contradicts Dr Iferenta by stating that the abrasions on Daniels body COULD be due to the medical staff's attempts to revive him.

13. 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, "my baby boy." Note: Immediately after his death, Ms Nairn said that she heard Anna Nicole repeatedly crying out "you did this!"

Note: During the time Anna Nicole was crying hysterically, Stern had begun to take photographs of Daniels dead body and Anna in distress.

14. Dr. Charles Diggis
Surgeon Chief Medical Examiner.
Testified as to and explained the “Code Blue” procedure at Doctor’s Hospital.

15. Corporal Addie Findley
Policeman.
One of the first police officers on the scene at Doctors Hospital.

Monday December 11, 2007

16. Quinn McCartneyBahama Police Forensic Chief Superintendent.Testifies that Daniel had 10 times the lethal dose of methadone in his system, and that it COULD have been in his system when he arrived. Note: Author not clear on whether he meant arrived in Nassau or Drs Hosp.

17. Frederick Taylor
Bahamas Police Inspector.
Testifies that Shane Gibson, former Immigration Minister, was at the hospital when Taylor and other officers arrived. Note: It was Shane Gibson who fast tracked Anna's application for permanent residency, and lost his job when photo's of himself and Anna romping were made public.

Wednesday December 12, 2007

Magistrate William Campbell ruled there were too many scheduling conflicts between witnesses and attorneys at the inquest and adjourned the inquest until January 28.

Tuesday January 29, 2008

16. Doctor Lee Hern
Lab Director Miami-Dade County Medical Examiner's Office
Dr. Lee Hern testified that the primary factor of death was ingestion of a large dose of methadone. He did not believe Daniel to be habitual drug user. Felt death was an "intentional" overdose because such large amount in short time was taken. Note: Does not speculate as to whether methadone was taken knowingly or unknowingly.

17. 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.

Cross examination: Stern lawyer tries to cast doubt on close relationship. Note: this is the first I have seen printed about cross-examination. (I'll go back and look.)

Daniel Wayne Smith Death Inquest Continues

By TOSHEENA ROBINSON-BLAIR

Tuesday, January 29, 2008

(AP)

The late son of reality TV star Anna Nicole Smith was a gifted but anguished 20-year-old who longed to be more independent of his celebrity mother, a family friend testified Tuesday at an inquest into his death.

Ford Shelley, the son-in-law of a developer who was embroiled in an ownership dispute over the estate where Anna Nicole lived in the Bahamas before her fatal Feb. 8 overdose, described Daniel Smith as a "brilliant" young man who was "living in a shell" due to his mother's fame.

"He wanted to break free," Shelley said. "He loved his mother but didn't want to be known as her son."

Daniel Smith died Sept. 10, 2006, while visiting his mother three days after she gave birth to her daughter, Dannielynn, in the Bahamian capital of Nassau.

Shelley, who testified that Anna Nicole kept her drugs in a duffel bag, said he saw prescription bottles _ including the painkiller methadone in pill and liquid form _ made out to at least four different aliases when he unpacked her luggage during a trip she made to South Carolina to visit developer G. Ben Thompson, a former boyfriend.

He testified that he believed Daniel Smith could not have been a drug addict because he was "afraid of his own shadow" and "couldn't even hold his liquor."

Cross-examination by a lawyer for Anna Nicole's attorney-turned-boyfriend Howard K. Stern, who was also in the hospital room the day Daniel died, tried to cast doubt on the closeness of Shelley's relationship with the Smith family.

Earlier in the day, the lab director for the Miami-Dade County Medical Examiner's Office testified that a large dose of methadone taken by Daniel Smith was the primary factor behind his death.

"But for the methadone he would not have died," said Dr. Lee Hern, who added that he did not believe the young man was a habitual user of the drug.

Under questioning by Director of Public Prosecutions Bernard Turner, Hern said he felt the 20-year-old's death was the result of an "intentional" overdose because the methadone ingested was such a large amount taken in such a short period of time.

The coroner's court session was attended by Stern and Anna Nicole's long-estranged mother, Virgie Arthur.

The inquest continues Wednesday, with testimony expected by Thompson, the South Carolina developer, and two nannies who worked in the waterfront home where Anna Nicole Smith and Stern lived in Nassau.

So far, about 30 witnesses have testified at the inquest before a seven-member jury, which will formally determine what killed Daniel Smith and has the power to recommend criminal charges if it finds evidence of wrongdoing.

Police have said there is no evidence of homicide, and an autopsy found the likely cause of death was a combination of drugs, including methadone and antidepressants.

http://www.townhall.com/news/entertainment/2008/01/29/witness_smith_son_unhappy_in_her_shadow

Smith Inquiry postponed to January 28, 2008

Magistrate William Campbell ruled there were too many scheduling conflicts between witnesses and attorneys at the inquest and adjourned the inquest until January 28.

Daniel Wayne Smith, 1986-2006

Daniel Wayne Smith was born Jan. 22, 1986, in Mexia, Limestone County, Texas. His mother was 17 and working as a waitress at Jim’s Krispy Fried Chicken. She had married the cook at the restaurant, Billy Wayne Smith, on April 4, 1985, he was 17 too. They separated a year later and divorced in 1993.

Anna Nicole and Daniel lived with her mother, Virgie, for the first six years of his life while his mother worked in various strip clubs in the Houston area. It wasn't until Anna Nicole found success as a model (and J Howard Marshall) that Anna had a house of her own and brought Daniel to live with her. Anna married Marshall in 1994 and they lived on an estate outside of Houston.

Daniel spent his school years in a series of private schools. After Marshall’s death in 1996, Danny and his mother settled in California to be close to modeling and acting opportunities. He also had small parts in some of his mother's films playing a ring bearer in 1995's "To the Limit" and Billy Ray in "Skyscraper."

When Daniel was 16, his mother became the star of a reality television show called "The Anna Nicole Show" and he was a recurring character. He was a sweet, quiet and shy young man, seeming to be embarrassed by the TV show. The makeup artist on the show, who spoke affectionately about Danny, remembers that Anna Nicole was often worried that the camera crews were upsetting him.

Daniel attended classes at Valley College in the summer of 2006. "I didn't know him," said student Christina Corigliano, who was interviewed by Entertainment Tonight. "I saw him a few times going to class and I thought he was cute."

It has been reported that the Daniel was taking antidepressants for depression related to a girl; however, reports from a private detective that Danny spoke to but did not hire, and Ray Martino, whom Danny lived with just prior to his death, indicate that Danny was anxious and depressed over the hold that Howard K Stern had over his mother, and he was worried about her safety.

Daniel Wayne Smith died September 10, 2006, at Doctor’s Hospital, Nassau, Bahamas.

Updated Witness List, by day of Testimony

Testimony 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 mothers lawyer/ person who seems to have 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.
Note: Dr. Iferenta stated in the initial police report that of all the procedures used to resuscitate Daniel, none would leave the abrasions noted on his body at the time of death.

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. 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." Note: This contradicts Stern, who tried repeatedly to say that Daniel had been sleeping in the other bed, where the loose pills were found.

8. 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.

9. Mavis Davis
Phlebotomist.
Mavis testified that she did not notice anything wrong with Smith before medical personnel found him unconscience at 9:40 a.m.

10. Nadine Carey
Nurse.
Testified that she found two round tablets on the bed that hospital employees previously said was occupied by Stern. She did not say what kind of pills they were, only that they were turned over to senior nursing staff. Note: Ms Carey was quoted immediately after Daniels death as saying that she recognized the pills as one soma and one methadone tablet.

11. Catriona McGaggart
Nurse.
Said that Anna Nicole Smith was crying hysterically as medical personnel frantically tried to revive her son after his collapse. Note: Initially said she heard Anna Nicole crying out "you did this."

Testimony Dec 10, 2007 Monday

12. 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 methadone was 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. Note: Dr Raju contradicts Dr Iferenta by stating that the abrasions on Danniels body COULD be due to the medical staff's attempts to revive him.

13. 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, "my baby boy." Note: Immediately after his death, Ms Nairn said that she heard Anna Nicole repeatedly crying out "you did this!"

Note: During the time Anna Nicole was crying hysterically, Stern had begun to take photo's.

14. Dr. Charles Diggis
Surgeon Chief Medical Examiner.
Testified as to and explained the “Code Blue” procedure at Doctor’s Hospital.

15. Corporal Addie Findley
Policeman.
One of the first police officers on the scene at Doctors Hospital.

Monday December 11, 2007

16. Quinn McCartney
Bahama Police Forensic Chief Superintendent.
Testifies that Daniel had 10 times the lethal dose of methadone in his system, and that it COULD have been in his system when he arrived. Note: Author not clear on whether he meant arrived in Nassau or Drs Hosp.

17. Frederick Taylor
Bahamas Police Inspector.
Testifies that Shane Gibson, former Immigration Minister, was at the hospital when Taylor and other officers arrived. Note: It was Shane Gibson who fast tracked Anna's application for permanent residency, and lost his job when photo's of himself and Anna romping were made public.

Wednesday December 12, 2007

Magistrate William Campbell ruled there were too many scheduling conflicts between witnesses and attorneys at the inquest and adjourned the inquest until January 28.