Daniel Wayne Smith

Daniel Wayne Smith
Daniel Wayne Smith
Born January 22, 1986(1986-01-22)
Mexia, Texas, United States
Died September 10, 2006(2006-09-10) (aged 20)
Nassau, Bahamas
Occupation Valley College Student

Daniel Wayne Smith (January 22, 1986 – September 10, 2006) was the son of the model and actress Anna Nicole and Billy Smith. He infrequently appeared in his mother's E! Network reality TV show, The Anna Nicole Show. His sudden death on September 10, 2006 in The Bahamas was the subject of tabloid fodder.

Contents

Life

Smith was born in Limestone County, Texas, to Anna Nicole and Billy Smith. When Smith's parents divorced in 1987, his father left the family, so he was raised by his mother. He spent his childhood in a variety of different private schools.[1] He was the stepson of J. Howard Marshall II, whom his mother met at a strip club and married in 1994. At the age of 16, Smith was featured as himself on his mother's reality television series, The Anna Nicole Show, which ran on the E! Entertainment Television channel from 2002 to 2004. The show's makeup artist remembered him as "a shy, sweet kid" and that his mother often worried that the camera crews were upsetting him.[1] He was always shown in the opening credits, but his actual appearances were minimal. He would mention, in a second season episode, that he did not want to be part of the show anymore. He was also seen with his mother in E! True Hollywood Story. Smith played bit parts in two of his mother's films, Skyscraper and To the Limit. Described by Anna as a straight A honor student,[2] he had last been attending classes at Los Angeles Valley College in the summer of 2006.[1] He had also been working as an associate producer on her upcoming science-fiction/comedy film Illegal Aliens

Death

Smith died while visiting his mother at the maternity ward in Doctor's Hospital in (Nassau, The Bahamas), on September 10, 2006, days after she had given birth to his half sister (Dannielynn Hope].[3] Cyril Wecht, an American forensic pathologist, stated Daniel Smith accidentally overdosed on methadone and escitalopram. On an episode of True Crime with Aphrodite Jones, Dannielynn's father, Larry Birkhead stated that security in the house indicated that Daniel had stolen his mother's methadone.

On September 11, 2006, Reginald Ferguson, assistant commissioner of the Royal Bahamas Police Force, told reporters Daniel Smith was found sitting upright in a chair after going to see his mother and his new half sister (Dannielynn Hope) in a private Doctors Hospital in Nassau. "It would appear from our report that the mother had gotten up, saw him in the chair and he appeared to be sound asleep. She tried to wake him up, he was unresponsive and she sounded the alarm to get help."

During a (press conference) on September 12, Barry Rassin, President and CEO of the hospital, said, {{cquote|We can confirm that Daniel Smith arrived at the hospital late evening, 11 p.m., Saturday Sept. 9. He spent the entire evening in the room and remained as a visitor with his mother and newly born sister. On Sunday, Sept. 10, at 6:20 a.m., it was noted by one of the associates that Daniel was attending to his mother's comfort. According to Rassin later in the morning Daniel was "observed to be asleep," but at 9:38 a.m. a nurse was called and doctors were summoned after Daniel was found to be "unresponsive." After CPR "resuscitation efforts using advanced life support protocol continued for 22 minutes without response" Daniel Smith was pronounced dead at 10:05 a.m.

On September 18, Getty Images sold the last photos taken of Daniel Smith alive at his mother's bedside to In Touch Weekly, Entertainment Tonight, and The Insider for a total of at least US$650,000.[4]

Investigation

Her Majesty's Coroner Linda P. Virgill announced on September 12 that "The cause of death is not natural. However, we wish to reserve the cause of death at this time pending the toxicologist examination and report for confirmation of cause of death. Friday is the likely release date for the autopsy and toxicology report" Virgill announced that an inquest would take place. "The inquest would happen late October or early November to determine how, when and by what manner Daniel came to his death." "All persons who are relevant witnesses, like his mother and hospital staff and airline personnel who had contact with him, would have to testify" [5][6]

The following day, Bradley Neely, the chief inspector of the coroner's office, told the Associated Press that death seemed "suspicious." "Whenever there is a suspicious death we would have an inquest to determine how the person died," [7] Coroner Linda Virgill held a September 13 news conference and said a coroner's inquest would begin October 23 She described the death as "suspicious" because it was sudden and because Daniel was only 20 years old and very young, clarifying earlier statements by saying that it was "unnatural" for a man of 20 to die suddenly. She cautioned that the scheduling of an inquest did not necessarily mean foul play was suspected."Whenever we have sudden deaths, and we term them 'suspicious deaths,' it is usual to have this type of procedure," The death would be considered suspicious until jurors determine otherwise according to Virgill.[8]

On September 14 an attorney, Michael Scott, read a prepared statement. "The devastation and grief over Daniel's sudden death coupled with the sedation has been so extreme that Anna Nicole experienced memory loss of the event," "Anna Nicole was so distraught at the loss of Daniel that she refused to leave his side and it was necessary to sedate her in order to check her out of the hospital," Scott said that the third person in the room at the time of the death was another one of Anna Nicole Smith's attorneys, Howard K. Stern. It "was necessary for Howard to tell Anna again that Daniel had passed away"[9] Mr. Scott was a partner in the law firm Callenders and Co. and would later reveal that he had been asked by the real estate developer G. Ben Thompson and an associate, who he said were friends of Ms. Smith, to act on her behalf after the sudden death of her 20-year-old son Daniel.[10] Scott, Callenders and Co., and G. Ben Thompson were to figure prominently as Anna Nicole Smith's adversaries in the highly politicized Bahamian residency scandal surrounding her disputed home ownership.

On September 20 authorities issued a death certificate for the son of Anna Nicole Smith but left the cause of death undetermined pending toxicology tests. Scott was severely critical of Coroner Linda P. Virgill press statements. "Unless she's psychic or God, unless the pathologists know the cause of death, how does she?" He said that Bahamians worried the highly publicized case was affecting the island chain's image."We are all aware of what happened in Aruba. We are all aware of what happened to Natalee Holloway," "We don't want that to happen in this jurisdiction."[11]

Coroner removed from case

The Bahama Journal revealed on the 20th that Bahamas Chief Justice Sir Burton Hall had issued a Supreme Court Memorandum, stripping Magistrate Linda Virgill of the exclusive designation of coroner and abolished the special 'Coroner’s Court'. "In the extraordinary cases in which it is necessary to hold an inquest and all so were her mother was, the facilities now available to accommodate a jury will be accessible to any magistrate" The chief justice did not provide a reason for his decision.

Chief Magistrate Roger Gomez confirmed that Mrs. Virgill would not preside over an inquest into Daniel Smith’s death on the 20th. According to Gomez, it was not a vote of "no confidence" in Mrs. Virgill’s abilities, she will still be a magistrate, and still be able to hear inquests but "Because of the remarks she made, She won’t be hearing that one"

The memo provided that the office of the Chief Magistrate would receive all reports of completed investigations by the police into those deaths with which the Coroner’s Act is concerned, and the Chief Magistrate would assign particular matters to any magistrate. Chief Magistrate Gomez said that an inquest might not be needed in the Daniel Smith case. Once the awaited toxicological reports came in, they would be forwarded to the police and the Office of the Attorney General. If the Attorney General felt an inquest was called for, Attorney General Allyson Maynard-Gibson would send the file to his office to assign. [12]

Funeral

Stern told Circuit Judge Larry Seidlin during his testimony in the legal battle after the model’s death. "At Daniel’s funeral, she had them open the coffin and tried to climb inside. She said that 'if Daniel has to be buried, I want to be buried with him,' Stern testified. "She was ready to go down with him."[13] Howard K. Stern revealed that "Anna saw herself as both mother and father to Daniel. From the time I met her, everything was for Daniel. I would say that physically, she died last week, but in a lot of ways, emotionally she died when Daniel died," he added.[14][15]

On October 7, Daniel's friends and family, including his father Billy Smith and grandmother Virgie Arthur, gathered at the First Baptist Church of Mexia for a separate memorial service while Anna Nicole remained with Howard K. Stern in the Bahamas. Daniel was eulogized at the service by his great-grandfather Gus Moser.[16] Daniel was finally laid to rest at New Providence, Bahamas, on October 19, 2006.[17] According to Howard K. Stern, Smith's long-time companion, she was devastated over her son's death. "Anna and Daniel were inseparable. Daniel was without question the most important person in Anna’s life."

Independent autopsy

Dr. Cyril Wecht was hired by Callenders and Co., a Bahamian law firm, to do an independent autopsy on the body of Daniel Smith, the son of Anna Nicole Smith, who died while visiting his mother in the Bahamas.[18] Dr. Wecht stated Daniel Smith died as a result of the interaction of methadone, an analgesic, and the antidepressants Zoloft and Lexapro. The metabolism and the breakdown of the methadone is delayed in the presence of Zoloft, according to Dr. Wecht. Methadone can alter the cardiac rhythm – it’s referred to as a prolongation of the QT interval. "When that is prolonged, the individual could even lose consciousness, and suffer cardiac disrhythmia. And that is something that can happen from methadone alone, and in the presence of Zoloft and Lexapro, it is more likely to happen," "I don’t mean frequently, and certainly not predictably, so tragically, with this young man this is what happened. So I have no question at all as to the cause of death."[19][20] Dr. Wecht later told the press that he had not been paid. He told the Bahama Journal that he had originally been contacted by Michael Scott, and was ostensibly working with him and Tracey Ferguson (of Callenders and Co.). Scott and Ferguson dropped out of the picture, and attorney Wayne Munroe took over Ms. Smith’s representation. "I believe, quite frankly, that there has been some breakdown in communication, and quite possibly some antagonism. Scott and Ferguson were representing real estate developer G. Ben Thompson in an action against Anna Nicole Smith over her house in the Bahamas. [21]

On February 8, 2007, Dr. Wecht said on Fox News that there was still no information available as to how Daniel obtained methadone. Although methadone is prescribed in place of other opioids for pain relief and is used in the treatment of heroin and morphine addiction, Wecht had said he had no information to make any conclusion about why Daniel was using it.[22] On February 14, it was reported that his mother Anna Nicole Smith had been given a prescription for methadone under a false name while she was in her eighth month of pregnancy.[23] Ford Shelley claimed that methadone was found in Anna's bedroom refrigerator while her Bahamas mansion was being reclaimed by his father-in-law, real estate developer G. Ben Thompson.[24]

Inquest

Assistant Commissioner Reginald Ferguson has confirmed that the Royal Bahamian Police has completed its investigation and has sent their file to the Attorney General.[17] The Chief Magistrate of the Bahamas announced that a formal inquiry into the death of Daniel Smith was scheduled for March 27, 2007.[25]

Status of Anna Nicole Smith's estate

Anna Nicole Smith died suddenly on February 8, 2007, less than five months after her son's death. A Florida circuit court judge, Larry Seidlin, who oversaw the disposition of Smith's body, ordered Anna Nicole Smith's will produced. It was released on February 16, 2007.[26][27] The "Will of Vickie Lynn Marshall" was signed on July 30, 2001 and declares:

I am unmarried. I have one child DANIEL WAYNE SMITH. I have no deceased children nor predeceased children leaving issue. Except as otherwise provided in this Will, I have intentionally omitted to provide for my spouse and other heirs, including future spouses and children and other descendants now living and those hereafter born or adopted, as well as existing and future stepchildren and foster children.

All of the property of my estate ... shall be distributed to HOWARD K. STERN, Esq., to hold in trust for my child under such terms as he and a court of competent jurisdiction may declare, such that my children are distributed sufficient sums...and support according to their accustomed manner of living....[28]

References

  1. ^ a b c "Who was Daniel Wayne Smith?". Newsday. Archived from the original on February 28, 2007. http://web.archive.org/web/20070228101730/http://www.newsday.com/entertainment/ny-smithlife0926,0,3691935.story?coll=ny-entertainment-headlines. Retrieved 2006-09-25. 
  2. ^ "Anna Nicole Smith's Son Dies". Larry King Live. http://transcripts.cnn.com/TRANSCRIPTS/0609/12/lkl.01.html. Retrieved 2006-09-12. 
  3. ^ "Anna Nicole's Son Dies, Daughter Is Born". People. http://people.aol.com/people/article/0,26334,1533524,00.html. Retrieved 2006-09-11. 
  4. ^ "Nicole Smith's son's last pictures make her $650,000 richer". South Asian Women's Forum News. http://news.sawf.org/Entertainment/21448.aspx. Retrieved 2006-09-19. 
  5. ^ "Anna Nicole's Son: Death Was Not Natural". people.com. 2006-09-12. http://www.webcitation.org/5MqVQJtib. Retrieved 2007-02-22. 
  6. ^ "Anna Nicole Smith 'Tried to Wake' Her Son". people.com. 2006-09-12. http://www.webcitation.org/5MqVpxwvG. Retrieved 2007-02-22. 
  7. ^ "Anna Nicole Grieves "Suspicious" Death". eonline. 2006-09-13. http://www.webcitation.org/5MqWERM1K. Retrieved 2007-02-22. 
  8. ^ "Bahamas inquest set in death of Anna Nicole's son". Reuters. 2006-09-14. http://www.webcitation.org/5MqWnsLAY. Retrieved 2007-02-22. 
  9. ^ "Lawyer Says Smith Tried to Revive Son". Associated Press. 2006-09-14. http://www.webcitation.org/5Mqaf3uBE. Retrieved 2007-02-22. 
  10. ^ "Attorney Says Immigration Minister Should Resign". The Bahama Journal. 2006-10-30. http://www.webcitation.org/5MqfA0KBt. Retrieved 2007-02-22. 
  11. ^ "She's much better," he told the AP. "You never get over that, you get through it. Time is the catalyst for that."At this time he added that Anna Nicole Smith has been granted permanent residency in the Bahamas. "Authorities issue death certificate for Anna Nicole Smith's son". AP. 2006-09-21. http://www.webcitation.org/5MqhUYFda. Retrieved 2007-02-22. 
  12. ^ "Coroner Is Stripped". The Bahama Journal. 2006-09-21. http://www.webcitation.org/5MqTjrBiZ. Retrieved 2007-02-22. 
  13. ^ "Howard K. Stern says Anna wanted to be buried next to her son". recordonline.com. http://www.recordonline.com/apps/pbcs.dll/article?AID=/20070220/ENTERTAIN/70220018. Retrieved 2007-04-20. 
  14. ^ "Howard K. Stern: Anna was my whole world". people.com. http://www.people.com/people/article/0,,1536410_20012329,00.html. Retrieved 2007-04-20. 
  15. ^ "Howard K. Stern talks Father's Day". Art Harris:The Bald Truth. http://www.artharris.com/2007/06/16/exclusive-howard-k-stern-talks-fathers-day-larry-birkhead-plans-special-day-for-dannielynn-fathers-day-surprise-flowers-on-annas-grave/. Retrieved 2007-06-16. 
  16. ^ "Mexia says goodbye to celebrity son". The Waco Tribune-Herald. Archived from the original on October 25, 2006. http://web.archive.org/web/20061025155351/http://www.wacotrib.com/news/content/news/stories/2006/10/08/10082006wacdanielsmith.html. Retrieved 2006-10-08. 
  17. ^ a b "Funeral Held for Anna Nicole Smith's Son". People. http://people.aol.com/people/article/0,26334,1548489,00.html. Retrieved 2006-10-19. 
  18. ^ "Anna Nicole May Not Pay Callenders". The Bahama Journal. 2007-01-23. http://www.webcitation.org/5MjMMmVSP. Retrieved 2007-02-17. 
  19. ^ "Pathologist: Meds Killed Daniel Smith". People (people.com). 2006-09-28. http://www.webcitation.org/5MjPUfbny. Retrieved 2007-02-17. 
  20. ^ "Pathologist Ready To Testify If Needed". The Bahama Journal (Bahamas News Online Edition). 2006-11-27. http://www.webcitation.org/5MjU6pdoX. Retrieved 2007-02-18. 
  21. ^ "Anna Nicole’s Pathologist Says He Hasn’t Been Paid". The Bahama Journal (Bahamas News Online Edition). 2006-11-21. http://www.webcitation.org/5MjV0iHsi. Retrieved 2007-02-18. 
  22. ^ "Pathologist: 'Classical' drug combo killed Smith's son". CNN. Archived from the original on September 28, 2006. http://web.archive.org/web/20060928083114/http://www.cnn.com/2006/SHOWBIZ/TV/09/27/smith.son.ap/index.html. Retrieved 2006-09-27. 
  23. ^ "The Doctor Who Scored Methadone for Anna Nicole". TMZ. http://www.tmz.com/2007/02/14/the-doctor-who-scored-methadone-for-anna-nicole/. Retrieved 2006-02-14. 
  24. ^ "Did Methadone Contribute To Anna's Death?". CBS News. http://www.showbuzz.cbsnews.com/stories/2007/02/12/people_late_great/main2466142.shtml. Retrieved 2006-02-12. 
  25. ^ "Inquiry set in death of Daniel Smith". 9 News. http://www.9news.com/life/entertainment/article.aspx?storyid=63358. Retrieved 2007-01-18. 
  26. ^ Balogh, Stefanie (2007-02-18). "Anna's daughter left out". The Daily Telegraph. http://www.news.com.au/dailytelegraph/story/0,,21243019-5001026,00.html. Retrieved 2007-02-18. 
  27. ^ "Anna Nicole Smith's will leaves everything to dead son". CNN. http://www.cnn.com/2007/LAW/02/16/smith.ruling/index.html. Retrieved 2007-02-16. 
  28. ^ "Will of Vickie Lynn Marshall" (pdf). 2001-07-30. http://www.webcitation.org/5MqFMBkjN. Retrieved 2007-02-22. 

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