Bahamian Court Courting Birkhead

The Daniel Smith inquest case is aiming for a New Year's resolution.

The long-playing investigation into the death of Anna Nicole Smith's son, who died in 2006, adjourned a day earlier than expected Wednesday and won't resume until Jan. 28.

The reason for the latest delay: to allow the Bahamian attorney general more time to convince witnesses, chief among them Larry Birkhead, to testify in the inquest.

While the court has no power to compel testimony in an inquest, the Office of the Attorney General will be spending its prolonged holiday break attempting to woo Birkhead and various U.S. medical officials to the Nassau courtroom.

On Wednesday, senior counsel Neil Braithwaite said he planned to call at least seven more witnesses to the stand, but that most were out of the court's jurisdiction.

Another name on the wish list: Sandeep Kapoor, the California doctor who prescribed Methadone to Anna Nicole. Kapoor earlier informed local police that he would not attend the proceedings. He has, however, provided the elder Smith's medical records to the court, which have since been entered in as evidence.

Braithwaite also wants to quiz a toxicologist, Daniel's primary physician and two Haitian nannies who first helped care for sister Dannielynn.

On Monday, forensic pathologist Dr. Govinda Raju, the Bahamian coroner who performed the official autopsy on Daniel Smith, testified that the boy had eight different drugs in his system when he died Sept. 10, 2006 at age 20 and that the likely cause of death was a fatal combination of Methadone and the antidepressants Zoloft and Lexapro.

However, Raju also said that he would not know for certain until he received both sets of official toxicology reports, which is why the attorney general is looking to get at least one of the two U.S. doctors who carried out the tests, Dr. Robert Middleberg and Dr. Lee Hern, to fly to the island nation.

Braithwaite said he is also looking to call Daniel's caretaker, Raymond Martino, to testify. In a statement given to police before her own death last Feb. 8, Anna Nicole said she had sent Daniel to live with Martino, a family friend, after he became abusive to her over the past year and began chronically staying out late.

It's uncertain whether Martino is amenable—or even able—to testify in the proceedings: He previously told the court that he lost his passport.

G. Ben Thompson, who claims to have owned Horizons, the home Anna Nicole, Dannielynn and Howard K. Stern stayed in while in the Bahamas, may also be called.

Birkhead, for his part, has yet to declare whether he is open to taking the stand in the inquest, though, for the time being at least, has plenty else on his plate.

Birkhead's namesake father, Larry Birkhead Sr., passed away unexpectedly Wednesday at the age of 66.

"He just had knee surgery then was sent home with an oxygen tank because they noticed a shortness of breath," Birkhead told Entertainment Tonight. "He was getting ready to start rehab for his knee and his lung and he collapsed in the bathroom.

"I have had such a crazy year, and if it weren't for the joy Dannielynn brings me, it would be impossible to deal with."

The funeral and burial service for Birkhead's father will be held Friday.

Meanwhile, more legal trouble broke out last week for the estate of Anna Nicole Smith, which remains executed by Stern, after Yanette Luna filed a creditor's complaint on Dec. 6 on behalf of herself and 23 other teenage weight loss wannabes, all under the age of 18. (View the document.)

Luna accused both TrimSpa and pill spokesperson Smith of unfair or fraudulent business acts and for promoting and supplying their product to children. The minor claims she sustained injuries as a result of the company's behavior but does not specify their nature. However, she wants the company and estate to be held responsible for "defective or unsafe products" and is seeking an unspecified amount of punitive damages as well as restitution for her fellow failed dieters.