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Inquest Refresher

31st October
Jurors Selected In Smith’s Inquest
By TOSHEENA ROBINSON-BLAIR
A four-woman, three-man jury was selected and sworn-in Monday to hear evidence in the coroner’s inquest into the mysterious death of Daniel Smith, the son of the late American celebrity Anna Nicole Smith.

The late Anna Nicole Smith and the late Daniel Smith are shown in this file photo.

The jurors were sworn in shortly after noon. Thirty-five witnesses are expected to be called to give testimony.

Smith, 20, was found dead at Doctors Hospital on September 10, 2006 while he was visiting his mother who had given birth three days earlier to a daughter.

An independent autopsy, conducted by celebrity forensic pathologist Dr. Cyril Wecht, found that Daniel died from a drug cocktail made up of two different prescription anti-depressants and methadone, a drug used to wean heroin addicts.

On Tuesday afternoon, Coroner William Campbell told the seven jurors that their sole aim is to establish the cause of the death. The purpose of a coroner’s inquest is to determine how, where and when Daniel Smith died, he said.

At the end of the proceedings, jurors can make recommendations for criminal charges if they feel someone is criminally responsible for his death.

However, Magistrate Campbell pointed out that an inquest is not a civil or criminal trial. He told the jurors not to forget that critical point.

The coroner said at the conclusion of the matter “there is no verdict of innocence, guilt, or civil liability.”

“The very fact that the matter is before the Coroner’s Court suggests that police found no evidence sufficient enough to charge anyone with murder or manslaughter in the matter,” Magistrate Campbell said.

He added that criminal guilt could only be established in a criminal court.

Magistrate Campbell explained to the jurors that their role is to carry out “objective justice”, which he explained was “disinterested application of the law.”

“Objective justice can only be done if you consider the sworn testimony of the witness and nothing else,” he said.

For the benefit of the jury, Magistrate Campbell listed the “interested parties” in the matter.

They include Howard K. Stern, the former attorney and companion of Anna Nicole Smith, who is being represented by Wayne Munroe; Milton Evans and Deborah Rose are representing the father of the deceased, Billy Smith, and the maternal grandmother of Daniel Smith, Virgie Arthur.

Michaela Sumner-Budhi is representing Doctors Hospital; and the nannies for Danielynn Smith, Daniel’s sister, are being represented by Elizabeth Thompson.

Ms. Arthur and her American attorney, Neil McCabe – senior counsel with the Texas based O’ Quinn law firm – were present in court Tuesday morning.

“We already know where Daniel died and when Daniel died. The last question is how he died and was someone responsible for his death,” Mr. McCabe said.

“Whether that is true or not and whether there is enough evidence of that to proceed with either a civil process or criminal process depends on the development of evidence. This is one of the vehicles for developing that evidence. It’s not the only thing. We also have our own investigations going on.”

Attorneys representing those interested parties will be allowed to question witnesses called by Director of Public Prosecutions Bernard Turner.

Following the death of Ms Smith, Mr. Stern reportedly became the next witness with the most interaction with Daniel before he died.

Larry Birkhead – Dannielynn’s father – has asked to testify. Also on the witness list are South Carolina real estate mogul G. Ben Thompson and Ford Shelley – the father and son-in-law pair who claim to have lent Ms. Smith the money for the million-dollar Eastern Road mansion she shared with Dannielynn and Mr. Stern.

The October 30 date was the third date set for this inquest to officially begin.

The first date given for Smith’s inquest – October 23, 2006 – came and went with nothing happening.

The second date given for the inquest to begin was March 27, 2007.

The inquest did indeed start on that day with a full complement of local and international press crowding the small room designated as the Coroner’s Court in Royal Victoria Gardens, but it ground quickly to a halt when the jury selection process was challenged by lawyers representing Mr. Stern.

Mr. Stern wanted to be allowed to question the jurors to determine their impartiality – an impossibility under the Coroner’s Act.

The jury was empanelled for about two hours Tuesday morning and the media barred from the court.

At 11:45am the jurors were called into court. About 14 jurors left the court shortly after noon – the remaining jurors were sworn in.

Although the court had hoped to begin calling witnesses in the matter after a lunch break, Tropical Storm Noel changed the plan.

The Coroner’s Court was adjourned until 10am on November 19.