Stern: Never Suspected Daniel's Drug Use

Anna Nicole Smith companion testifies at inquest Daniel "wasn't that kind of kid"; jury to get case Thursday

By Natalie Finn Mar 19, 2008 12:52 AMTags

Larry Birkhead said he knew Daniel Smith was sneaking his mom's methadone and that Anna Nicole Smith gave him Ecstasy to take at home.  

Meanwhile, Howard K. Stern was saying, "Huh?" 

Smith's longtime companion testified Tuesday, the final day of the inquest into Daniel's death, that he was floored by the autopsy findings that the 20-year-old died of an accidental drug overdose because it didn't fit with the impression he had of the young man. 

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

Smith was found to have died of a toxic combination of methadone, antidepressants and sleeping pills. His passing was originally deemed "suspicious" by the coroner who performed his autopsy. The inquest, which finally got under way in November after a year of postponements, was held to formally determine what killed Daniel and whether any criminal charges should be filed. 

The magistrate will likely hand the case over to the seven-member jury on Thursday. 

Stern's level of involvement in the lives and deaths of both Daniel and Anna Nicole Smith has been heavily debated—largely in the tabloid press—since Daniel's sudden death at a Bahamas hospital on Sept. 10, 2006, three days after the birth of his half-sister, Dannielynn. 

Smith died Feb. 8, 2007, in Hollywood, Fla., also of an accidental Rx overdose.

But Smith's lawyer turned lover, who has denied giving Daniel drugs, said in the Nassau courtroom Tuesday that he only wished he had known more about what Daniel was into. He recalled being busy at the time with the inheritance battle between Smith and the estate of her late husband, J. Howard Marshall II. 

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

Stern copped to taking a picture of Daniel's body after he died, but adamantly denied his intention was to profit from the morbid shot, as the son-in-law of one of Smith's exes testified earlier. 

Smith, who was beside herself with grief and was having trouble accepting Daniel was really dead, requested he take the picture, Stern said. "I did that for her, and I would do it again."

Stern also objected to testimony that Smith kept a number of prescription drugs in a duffel bag at the oceanside home in the Bahamas where she was staying at the time.

"Anna did not have 300 bottles of drugs filling up a duffel bag like the world wants to think," Stern said, adding that neither he nor Smith brought any drugs with them to the hospital when she checked in to have Dannielynn. 

And by the time her daughter was born, Smith was off of methadone entirely, Stern said.