Bald Truth Exclusive: Howard K. Stern Testifies! Bahamas Inquest Verdict Expected Thursday
Lawyer Howard K. Stern Warms Up On The Stand…In Florida
By Art Harris, (c), www.artharris.com, all rights reserved
In what some described as “powerful” testimony, Anna Nicole Smith’s lawyer and longtime companion told a Bahamas’ inquest jury Tuesday what he’s been confiding to friends and family for months–that he was shocked to learn Daniel was abusing drugs, and at first didn’t buy toxicology reports citing a deadly stew of methadone and anti-depressants as what killed her son.
According to the Associated Press, other media accounts and my sources in court, Stern told the jury looking into the cause of death that drug abuse just didn’t jive with the young man he knew.
At first, he saw the toxicology reports as “a set-up,” then learned more about Daniel’s secret life, heart-breaking clues he only recently connected up—and has had a hard time accepting — after he died: a bottle of Zoloft in his backpack, that he may have taken a bottle of methadone pills from Anna’s Studio City house, that he’d been admitted to a hospital ICU for valium “misuse,” that he was depressed after breaking up with a girlfriend.
In fact, Stern said he had no idea Daniel was taking any prescription meds, much less Methadone for apparent back pain, and said he just didn’t buy that Anna would ever give him drugs. According to TMZ, he also denied there was ever a duffel bag full of pills in the room where Daniel died, and said neither he nor Anna brought any medication to the hospital..
Said Stern: “Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think.”
He absolutely denied giving Daniel Methadone, rejecting stories advanced by Ford Shelley, a real estate developer locked in a bitter title dispute over Horizons with his father in law, G. Ben Thompson, who briefly dated the Playboy model.
The Bald Truth has also learned the seven-member jury is expected to return its findings of what killed Anna Nicole’s 20 year old son Thursday, and can recommend criminal charges to the Attorney General if it finds evidence shows a crime or wrongdoing, or rule it an accidental overdose.
While one report had Stern contradicting Monday’s testimony by Anna’s ex-boyfriend and father of Dannielynn, Larry Birkhead, who detailed Daniel’s struggle with drugs and alcohol, Stern said he was just unaware of it because he wasn’t around as much from late September 2005 to June 2006, often working from 9 a.m. to 3 a.m., researching and writing appellate briefs in Anna’s fight with Pierce Marshal over her her late husband’s will.
Stern has confided to friends that he blames himself for missed warning signs others saw, and testified Tuesday that he wished he’d spotted Daniel’s failing health before he died in the Bahamas, where a furious custody battle raged between Stern, Birkhead and Anna’s mother over who would raise baby Dannielynn after the ex Playboy model and reality TV star died of an accidental overdose of prescription meds Feb. 8, 2007 at the Hardrock Hotel in Hollywood, Fla.
“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.”
As for the photograph he took of Anna Nicole holding her dead son in the hospital room after he died, he explained he only did it because she asked, according to press accounts, and has told friends it was the only way he and doctors could persuade her to leave the Bahamas hospital, and Daniel’s body. Her son had flown in to visit after his half-sister was born. Stern picked him up at the airport, then drove to the hospital. Daniel held Dannielynn, visited with his mother, and later fell asleep. When his mother was unable to wake him up, she called for Stern. Code Blue was called, but the hospital emergency team couldn’t revive him.
Bitter adversaries like developer G. Ben Thompson, and Shelley, who so far are losing their dispute over Horizons, estate lawyers tell me, have used the Daniel photo incident to trash Stern on talk shows, claiming it was Stern’s idea to make money.
But Stern told jurors, “I did that for her, and I would do it again,” he said about a photo of Anna cradling Daniel that only became public after Thompson son in law Shelley took computers storing those photos from Horizons the day after Anna died, claiming she’d asked him to protect her belongings in case something happened.
Soon, that photo and others, stored on the laptop Shelley handed over to authorities, wound up in the media. Seminole police retrieved Shelley’s treasure trove from the Horry County Sheriff, the local cop shop the Myrtle Beach resident used to store much of what he’d taken, including Anna’s videos, then gave them to the state attorney.
Only the prosecutor had no probable cause to obtain a search warrant last year, until Stern granted permission in the course of their investigation; the state attorney scanned it for buzzwords and Broward County Medical Examiner took a look for clues and motives, but found nothing. When they were returned to Stern, he hired a private forensic computer expert; he said hard drives were copied within hours after they were taken, we’ve reported.
Prosecutors were looking for any evidence of foul play, but none was found, and her death in Feb., 2007, was ruled an accidental overdose.
Meanwhile, still advancing foul play theories, or wrongful death, lawyers and investigators for Virgie Arthur and Daniel’s birth father, began the drumbeat for an inquest in the Bahamas to win what some were calling “justice for Daniel,” and descended on the island nation for the probe.
Both Shelley and Thompson have told their version of events in court, and Stern was expected to be the last witness to testify before the seven person jury. Private investigator Jack Harding, whose card was found in Daniel’s pocket, has claimed Daniel was afraid of Stern, but contradicted himself on numerous talk shows, and bowed out of the inquest.
One Bahamas paper reported Attorney General Neal Braithwaite could not reach him by phone to find out if he was coming and had no jurisdiction to enforce his request. A source close to the case told us he’d cited medical reasons for a no-show. Thompson daughter in law Melanie was also scheduled to testify Tuesday, but also bowed out.
Melanie is married to one of Ben Thompson’s sons, and, Larry Birkhead has told the Bald Truth exclusively that Ford Shelley confided he was using her house in South Carolina to store items he’s yet to return from Horizons that belong to Dannielynn. Shelley has not returned calls for comment.
If the jury does find evidence to recommend criminal prosecution, it’s up to the attorney general whether to go forward. If Daniel’s death IS ruled an accident, legal experts tell me that doesn’t mean it’s over for Stern. Under Bahamian law, Virgie Arthur and Billy Smith, Daniel’s birth father, still have options, one lawyer told me today, like launching a “private prosecution,” as it’s called.
But if they fail to win, one top lawyer told me today, they can be liable for stiff financial penalties.
March 18th, 2008 at 9:30 pm
I sure hope the finicial penalties are really really high so that is not tried(Private penalties).I caan just see certain parties who want this kept in the public eye so they can make money off of it would try to keep the family feud going.
March 18th, 2008 at 9:34 pm
WOULD SOMEONE PLEASE EXPLAIN TO ME WHY THE HELL G. BEN THOMPSON AND HIS SON-IN-LAW FORD SHELLEY HAVE YET TO GET INTO ANY SORT OF TROUBLE FOR BREAKING AND ENTERING INTO ANOTHER PERSON’S HOUSE!!! AND STEALING THEIR STUFF!!!
March 18th, 2008 at 9:54 pm
Art Harris, after all we eard since a year regarding drug surrending Daniel and Anna by the media and wat I call set up against Stern,I mean the jury have been under some influence do you think he have a chance they belive him?
Howard also said when the report came for Daniel dead he was thinking it was a set up. If I am right police report in Bahamas never found duffle bag in Anna’s room in hospital.But it was report by the border agent Daniel ad some medication with him.Is it really a possibility HKS didn’t know anything about Daniel taking drug???
March 18th, 2008 at 10:05 pm
Daniel was smart, no doubt about it, and it breaks my heart, too!
March 18th, 2008 at 10:21 pm
I remember reading in some interview once that Anna said that she kept Larry around because, “he keeps me company.” How sad that the possible seed of this whole thing may very well be because Howard was away a lot working on the Marshal case and Anna didn’t want to be lonely. I sware, everyday this story seems to find a way to get sadder and sadder.
March 18th, 2008 at 10:21 pm
Saves If Howard was not around him during the times he was doing drugs how would anyone know.How many times have kids been arrested for drus and the parenst hadn’t a clue and they live with their kids everyday
March 18th, 2008 at 10:36 pm
I really hope the jury sees that no one meant Daniel any harm - certainly not Howard.
March 18th, 2008 at 11:00 pm
Unfortunately, I suspect VA (and her wealthy backers) will play out every angle until the bitter end. Every minute of it is like an extended high class paid-vacation for her and she will NEVER have such an opportunity to live the high life again.
Even if they throw stiff fines at her she won’t care because she and her wealthy backers have no intention of ever paying them anyway and will be far away from the Bahamas before the authorities know what happened.
Plus it is obvious that they are using the “throw enough mud and something will stick” strategy on Howard. Someone with wads of cash and a real vested interest is bankrolling Vergie’s charade.
March 18th, 2008 at 11:26 pm
Howard you did good today it must of been very difficult to relive it again, especially since you were the only one there when it happened that is left.
Key word “left” as the rest are gone.BTW congrats on your new home Horizons guess it will be yours after all like the video on you tube that shows the fight with Thompson boys and Anna lying on the grass with you saying “we’ll see” it was right after Daniels funeral…
Birkhead has his story,which is questionable, he is a major jerk anyways, the thompson boys have theirs and they lie steal and cheat so who in their right mind would believe anything they said, yet no one was really there to witness the boy actually taking the meds or ingesting it,in those early hours in the morning, or even knowing why he did that, did he Daniel wonder if he would perish because he took those drugs as so many each year die of this exact situation mixing pills.
I am a tad concerned,not for Howard or Virgies Vengence team, or for even Daniels long lost daddy who never gave a rats ass about his son all those years lost…this is what I call a foreclosure case, where no one wins and not even a fire sale, can revive those that are gone or lost.The only winners are the lawyers whose bank accounts are going to be larger as a result of this inquest.
Bahamas judge and jury I really pray that the wisdom of the universe comes down and gives you the clarity to just say it was an accidental death that really no one except Daniel could control., an that no one was responsible for whatever waited in Daniels pockets to be taken, as life is always choice.
March 19th, 2008 at 12:02 am
Private prosecution?? It sounds more like “Private Persecution” to me. Reading about these people raise my blood pressure.
Thanks Art
March 19th, 2008 at 12:04 am
Mrs. Seder, I really would like to know the answer to that also.
March 19th, 2008 at 12:24 am
http://www.showbuzz.cbsnews.com/stories/2007/02/28/people_milestones/main2524381.shtml
Feb. 28 2006 Anna and Howard attend hearing before U.S Supreme Court
May 1, 2006 Supreme Court rules Anna can pursuit $$$$
http://www.foxnews.com/story/0,2933,251702,00.html
FORD SHELLY, FRIEND OF ANNA NICOLE SMITH: Anna had called, and she was pregnant. She called in May. And stated that she needed to get away, the press was all over. She was not feeling well. She was sick. So she asked would we come pick her up. So I talked with Ben, and we decided to go pick her up and bring her back to Myrtle Beach. So of course we flew and picked her up, and we brought her to one of our beach houses in Myrtle Beach.
VAN SUSTEREN: Was Howard K. Stern with her last summer in Myrtle Beach?
G. SHELLY: No. Actually Ford flew to California and brought her back by herself, and I stayed with her for probably like two and a half, three weeks. And at that time, Howard was not with her.
F. SHELLY: Howard was back and forth in California, because he was working on the case. That’s one of the reasons I went and picked her up, is because she wanted to get away. But Howard had to stay behind to work on her case with the Supreme Court.
July 2006 Thompson sets up papers with lawyer for Anna to own Horizon -Anna moves to Bahamas without Howard
(not sure when Howard moves there with her)
March 19th, 2008 at 12:35 am
Thank you Art. Howard, we’re behind you 100%. There’s a bunch of morons on TMZ, etc. spouting off about the Methadone during pregnancy. I will say the same thing here as I did there. Instead of spouting off about thing you know NOTHING about: Call a Methadone clinic. Call UC Davis, where many, many ‘Methadone babies’ are born each year, or OHSU, same thing. They will all repeat EXACTLY what Hoard said on the stand today: It is NOT safe to get off of Methadone while pregnant. If the Mom demands it, as Anna Nicole must have done, it is one hell of a ride. VERY dangerous, very hard to do. In fact, most women have to INCREASE their dose while pregnant because their blood volume increases to almost double and they, and the baby can get very sick. So BRAVO to Anna Nicole for going through HELL for their daughter!
I would also like to point out that it is very common for Methadone patients to have someone else give them their meds each day. Esp. if they take other drugs as well. It is to stop them from ODing. Giving someone their meds is much different than drugging someone!
Howard, you were a true friend to Anna Nicole and yo’ve done the right thing. I hope everything gets better.
March 19th, 2008 at 12:47 am
Poor kid. So sad when these things happen. Nobody wants to bury their child.
I like the way the Bahamian courts have these penalties for bogus lawsuits…
Maybe the US needs to pick up on this and MORE PEOPLE USE IT to stop wasting tax money on BS lawsuits…
Kind of like Virgie’s in Texas.
March 19th, 2008 at 2:52 am
What hapened to the written/verbal deposition that Anna Nicole Smith gave to the Bahamian court?
March 19th, 2008 at 4:07 am
What the heck did Howard K. Stern get mixed up with?
March 19th, 2008 at 5:49 am
I hope Howard has legal recourse against Virgie for the private hell she has put thim through. It should be more than financial penalties. I hope to God the jury comes to the logical conclusion and rules for accidental overdose.
March 19th, 2008 at 6:02 am
I feel so proud of Howard,and so hurt,how many mothers and fathers do not know there kids are in drugs till something happens,I will say this again,and again,VIRGIE WHO JUST WANTS JUSTICE FOR DANIEL,COULD HAVE BEEN A MOTHER TO ANNA AND GRANDMA TO DANIEL,but she chose ,NOT TO.Daniel could have used a understanding grandma,Anna did not keep him away from her,Virgie,has put her failures on everyone but herself.There was no one that could have helped anna or daniel,but her mother,(IT DID NOT TAKE VIRGIE LONG AFTER DANIEL DIED TO GO AFTER MONEY OFF HER GRANDCHILD.IF SHE WOULD DO THAT .WHAT WOULD SHE DO TO DANNIELYNN.GOOD LUCK HOWARD,AND I PRAY,VIRGIE AND COMPANY HAS TO PAY COURT COST FOR MOST OF HER COURT CASES,SHE WANTS HER NAME IN THE NEWS DAILY.
March 19th, 2008 at 1:48 pm
Wow Art really great job!!
I’m glad Howard finally got his chance to share what really happened from his view point. He showed how much he really loved Daniel and cared about him.
http://www.thenassauguardian.com/national_local/324558216681743.php
http://www.jonesbahamas.com/?c=45&a=16364
March 19th, 2008 at 2:51 pm
Love the update and thanks for writing about it. I am finding all this makes me sick to my stomach. It is sounded more and more like the other side and team need to focus on more of “what really happened”. That is, if they really want to find the truth.
March 19th, 2008 at 4:18 pm
Howard was/is Anna’s angel on earth - Daniel and Dannielynn’s too. No matter what is said or who says it can’t change the fact that Howard is the good, decent, kind, loving, dependable angel that he is - the remainder of people in this situation is nothing but lying scum and nothing will change that fact either.
March 19th, 2008 at 7:06 pm
I agree about having to pay the courts for bogus lawsuits etc maybe our courts would not be so full if this happened in the US.It might stop some people or at least make them stop and think before filing.Kind of like Mark H lawsuits if he had penalities he might not have waisted the courts time
March 20th, 2008 at 12:08 am
Mrs. Seder:
Re your Comment #2, we will go to our graves not understanding how the South Carolina thieves have gotten away with murder.
March 20th, 2008 at 3:34 am
“Reality TV”
March 20th, 2008 at 4:26 am
I’m still not falling for ‘it.’
Not completely…I mean afterall…
March 20th, 2008 at 1:01 pm
This is so sad, all over again, but I have faith that Howard will be ok. To me, that’s all that matters.
March 20th, 2008 at 4:14 pm
I read an interesting article a couple of month’s back regarding a case that’s now in the N.J Supreme Court to determine whether “A Lawyer is Liable for Futhering a Client’s Baseless Claim”. Sure wish they would rule on this one soon. It’s about time something is done.
March 20th, 2008 at 5:18 pm
I have faith that the Bahamian court system will work for the truth and Howard will be vindicated!
It is so horrible to see Vergie and that shyster Texas lawyers’ true colors - “to heck with how the world views us, keep going for the money no matter what!” Sick, horrible people who have only their own interests to satisfy.
I pray that they get exactly what they deserve - NOTHING!
March 21st, 2008 at 2:29 pm
Lavone I hope the NJ supreme court rules thatan attorney cna be liable for futhering a clients baseless claim.It might put a stop to this whole mess if an attorney lost a case Like MH if they took it or IMO VA’s and lost someone could go after them for more than attorneys fees.if you hear more let us know thanks