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Tropical Storm Rains on Virgie's Parade

Tue., Oct. 30, 2007 2:23 PM PDT by Gina Serpe

The biggest threat to the inquest into Daniel Smith's death isn't Virgie, Larry or Howard—it's Noel.

The inquest was scheduled to kick off, at long last, in Bahamas Supreme Court Tuesday, only to have Magistrate William Campbell once again place the oft-delayed proceedings on hold, this time due to the rapidly encroaching Tropical Storm Noel.

The inquest, which which will see more than 35 witnesses, including Howard K. Stern, take the stand and which could last up to two months, will now begin on Nov. 19.

Campbell did manage to get an initial hearing in Tuesday morning, with one major player in the Smith family saga making an appearance.

Virgie Arthur, Anna Nicole Smith's estranged mother and adversary of Stern, touched down in the Bahamas for the hearing.

"I hope this starts the process of justice," she told reporters upon entering the courthouse.

Arthur has not been shy about advancing her theory that foul play, perhaps even at the hands of Stern, was involved in her grandson's death.

Campbell, however, cautioned the seven-member, all-woman jury that police did not suspect the death was a homicide.

"Nobody is on trial here," he said.

The panel's duty is to determine once and for all a cause of death for the 20-year-old. Daniel was found dead in his mother's room at Nassau's Doctor's Hospital Sept. 10, 2006 , just three days after the birth of his sister, Dannielynn.

Should the jurors find that Daniel died through negligence or intent of another person, they will be able to refer the case to a prosecutor, who will decide whether to formally pursue any criminal charges.

Anna Nicole Smith's private pathologist announced earlier this year that he believed Daniel succumbed to a fatal combination of drugs, including methadone, antidepressants and sleeping pills, but the Bahamian government has not acknowledged the findings. Dr. Cyril Wecht, who conducted the private autopsy, is expected to be called as a witness.

Also likely to make the witness roster is Dannielynn's father, Larry Birkhead, who was reportedly aware of Smith's drug use in Los Angeles. The on-duty staff at the hospital will testify, as will the police officers who who examined the hospital room and Daniel's friends, who saw him in the days leading up to his departure to the Bahamas.

Stern is expected to be a key witness as he was reportedly the last person to see Daniel alive and was present in the room when doctors was unable to revive the young man.

The inquest was originally scheduled to take place exactly a year ago, but has been mired in postponements and delays. The original magistrate was replaced by Roger Gomez, who in turn rescheduled the proceedings in October 2006 after the country's chief coroner was removed from her post and the country modified its inquest procedures.

Then in March, the inquest started and stopped almost immediately, following an appeal by Stern's lawyers. Gomez did manage to select a jury of nine women to hear the case.

Last month, it appeared as though the inquest was again picking up speed when Gomez announced an Oct. 30 start date and that Campbell would take over, becoming the third judge of record.