User talk:68.60.68.203/misc-Draft/D2

From Wikipedia, the free encyclopedia

Contents

[edit] q

On September 11 2006 Reginald Ferguson, assistant commissioner of the Royal Bahamas Police Force, told reporters Daniel Smith was found sitting upright in a chair after going to see his mother and his new half-sister in a private Doctors Hospital in Nassau."It would appear from our report that the mother had gotten up, saw him in the chair and he appeared to be sound asleep. She tried to wake him up, he was unresponsive and she sounded the alarm,"

During a press conference on September 12, Barry Rassin, President and CEO of the hospital said, "We can confirm that Daniel Smith arrived at the hospital late evening, 11 p.m., Saturday Sept. 9. He spent the entire evening in the room and remained as a visitor with his mother and newly born sister," said Rassin. "On Sunday, Sept. 10, at 6:20 a.m., it was noted by one of the associates that Daniel was attending to his mother's comfort." According to Rassin later in the morning Daniel was "observed to be asleep," but at 9:38 a.m. a nurse was called and doctors were summoned after Daniel was found to be "unresponsive." After CPR "resuscitation efforts using advanced life support protocol continued for 22 minutes without response" Daniel Smith was pronounced dead at 10:05 a.m.

Also on September 12 Her Majesty's Coroner Linda P. Virgill announced that "The cause of death is not natural" "However, we wish to reserve the cause of death at this time pending the toxicologist examination and report for confirmation of cause of death. Friday is the likely release date for the autopsy and toxicology report" Virgill announced that an inquest would take place. "The inquest would happen late October or early November to determine how, when and by what manner Daniel came to his death." "All persons who are relevant witnesses, like his mother and hospital staff and airline personnel who had contact with him, would have to testify" [1][2]

The following day, Bradley Neely, the chief inspector of the coroner's office, told the Associated Press that death seemed "suspicious." "Whenever there is a suspicious death we would have an inquest to determine how the person died," [3]Coroner Linda Virgill held a September 13 news conference and said a coroner's inquest would begin October 23 She described the death as "suspicious" because it was sudden and because of Daniel's age, clarifying earlier statements by saying that it was "unnatural" for a man of 20 to die suddenly. She cautioned that the scheduling of an inquest did not necessarily mean foul play was suspected."Whenever we have sudden deaths, and we term them 'suspicious deaths,' it is usual to have this type of procedure," The death would be considered suspicious until jurors determine otherwise according to Virgill.[4]

On September 14 an attorney, Michael Scott, read a prepared statement. "The devastation and grief over Daniel's sudden death coupled with the sedation has been so extreme that Anna Nicole experienced memory loss of the event," "Anna Nicole was so distraught at the loss of Daniel that she refused to leave his side and it was necessary to sedate her in order to check her out of the hospital," Scott said that the third person in the room at the time of the death was another one of Anna Nicole Smith's attorneys, Howard K. Stern. It "was necessary for Howard to tell Anna again that Daniel had passed away"[5] Mr. Scott was a partner in the law firm Callenders and Co. and would latter reveal that he had been asked by the real estate developer G. Ben Thompson and an associate, whom he said were friends of Ms. Smith, to act on her behalf after the tragic sudden death of her 20-year-old son Daniel.[6]Scott, Callenders and Co., and G. Ben Thompson were to figure prominently as Anna Nicole Smith's adversaries in the highly politicized Bahamian residency scandal surrounding her disputed home ownership.

On September 20 authorities issued a death certificate for the son of Anna Nicole Smith but left the cause of death undetermined pending toxicology tests. Scot was severely critical of Coroner Linda P. Virgill press statements. "Unless she's psychic or God, unless the pathologists know the cause of death, how does she?" He said that Bahamians worried the highly publicized case was affecting the island chain's image."We are all aware of what happened in Aruba. We are all aware of what happened to Natalee Holloway," "We don't want that to happen in this jurisdiction."[7]

On September 18, Bahamas Chief Justice Sir Burton Hall had issued a Supreme Court Memorandum, stripping Magistrate Linda Virgill of the exclusive designation of coroner and abolished the special 'Coroner’s Court'. "In the extraordinary cases in which it is necessary to hold an inquest, the facilities now available to accommodate a jury will be accessible to any magistrate" The chief justice did not provide a reason for his decision.

Chief Magistrate Roger Gomez confirmed that Mrs. Virgill would not preside over an inquest into Daniel Smith’s death on the 20th. According to Gomez, it was not a vote of "no confidence" in Mrs. Virgill’s abilities, she will still be a magistrate, and still be able to hear inquests but "Because of the remarks she made, She won’t be hearing that one"

The memo provided that the office of the Chief Magistrate will receive all reports of completed investigations by the police into those deaths with which the Coroner’s Act is concerned, and the Chief Magistrate will assign particular matters to any magistrate. Chief Magistrate Gomez said that an inquest might not be needed in the Daniel Smith case. Once the awaited toxicological reports come in, they would be forwarded to the police and the Office of the Attorney General. If the Attorney General feels an inquest is called for, Attorney General Allyson Maynard-Gibson would send the file to his office to assign. [8]

[edit] d

[edit] estate

[edit] G. Ben Thompson, Ford Shelley, Callenders & Co,Michael Scott, Tracy Ferguson, Vs Anna Nicole Smith

Will the Real Gold Diggers Please Stand UP

The Life And Death Of Anna Nicole Smith

[edit] The Developer

I just need my money

The day after Anna Nicole Smith buried her son Daniel, a letter was hand-delivered to her house in the Bahamas ordering her to leave the residence by Oct. 31. G. Ben Thompson, a Myrtle Beach, S.C., real estate developer, said he owns the property. "I don't want to embarrass her or humiliate Anna," he says. "I just need my money, or collateral, back." [9]

[edit] press conference

"We did not want to have her sign...Because we trusted and love her"

G. Ben Thompson held a press conference in Nassau on November 3. His son-in-law, Ford Shelley, explained details he said led up to the purchase of the Horizons mansion

"We helped facilitate the purchase of the home on the Eastern Road. My father-in-law and I did. We came over and found the house...We purchased the home and prior to signing the agreement for purchase we had instructed Callenders and Co. that they needed to get a note and mortgage signed prior to recording the deed in her name," "We did not want to have her sign the note and mortgage...Because we trusted and love her, to get it signed was not a matter that we were concerned with at the time because the deed was held in trust. It was not recorded and Anna was going through a rough time with her pregnancy and we didn’t feel like putting pressure on her."

[edit] No Pressure

after Daniel died he and his family flew back and requested that Ms. Smith sign the note

According to Mr Shelley after Ms. Smith’s son, Daniel Smith, died in The Bahamas in September, he and his family flew back to The Bahamas and requested that Ms. Smith sign the note and mortgage so that the deed could be recorded in her name."I instructed Callenders and Co. to get this done for her protection so that her residency could be finalized in The Bahamas. I was present at the house when the immigration officer conducted the interview for her to get her residency." He said that the tables turned after Ms. Smith refused to sign and claimed that the house was a gift. "To say that this home was a gift or to say she owns the house is not correct. The deed was conveyed in her name,but it was not a recorded deed. It was given to her because she needed utilities to be cut on," Mr. Shelley claimed. [10]

[edit] His Lawyers/Her Lawyers?

"Following the .... tragic death of her son Daniel Smith we, Michael R. Scott and I, informed [Ms. Smith] that until she executed either a mortgage or a promissory note in favour of [Mr. Thompson] in the sum of $950,000 that the said conveyance would not be stamped and recorded…[Ms. Smith] tore up the promissory note"

Callenders And Co. sued Anna Nicole Smith.

Tracy Ferguson, a junior partner at Callenders and Co. swore in an affidavit on December 4 that:

"Between [September 12] and [October 9] I was retained by the defendant to act as her legal counsel in The Bahamas and to provide consulting and general advice and any other legal services required relating to a possible Coroners Inquest into the death of her son Daniel Smith.

"[Ms. Smith] altogether ignored the interim bill for $72,645.88 delivered to her on [October 10] and has failed to pay the whole or any part of the legal fees she incurred,"

"as soon as the house was purchased [Ms. Smith] repudiated her repayment obligation on the basis that the money was a gift," Ms. Ferguson said, "a ridiculous and false suggestion." [11]

[edit] The Emails

"In our conversation last night, we discussed that your firm had filed a deed naming Ben [Thompson] as the owner of the house without our knowledge and that you realized that you were in conflict and had to withdraw because of your firm’s dual representation of Anna and Ben."

An email message sent by attorney Tracy Ferguson to Howard Stern dated October 10 Ms. Smith at one point, says that she stands by her assertions that Mr. Stern invited "even entreated me" to make a false declaration to the registrar general.at the request of her law partner, Michael Scott, she wrote to Mr. Stern and told him that in no way would the firm "be a party to a false declaration on your part that the immigration minister did not receive the cheque drawn on this firm’s account payable to the Public Treasury in the amount of $10,000. You and I are both aware of the fact that I delivered the cheque to Shane Gibson which I did in your presence and at your direction."

"I have discussed this exchange with Michael and he is appalled that you as a lawyer would seek to twist the facts to suit your convenience even to the extent of making false statements when you deem it appropriate to do so. We are incensed at your continuing conduct of belittling me and Michael and the firm, particularly behind our back. Howard, this is improper and simple cowardice."

On the same day, Mr. Stern wrote, "In our conversation last night, we discussed that your firm had filed a deed naming Ben [Thompson] as the owner of the house without our knowledge and that you realized that you were in conflict and had to withdraw because of your firm’s dual representation of Anna and Ben." [12]

[edit] The Deed

she required financing Ms. Smith has never seen nor received the original conveyance.

The affidavit claimed that Mr. Thompson agreed in July to purchase Horizons from Ronald H. Kelly and the liquidator of Americas International Bank Corporation Limited, George Clifford Culmer.

The affidavit says it was agreed that Callenders & Co. would act for both parties. Mr. Ferguson also says Mr. Thompson informed her that he knew Ms. Smith "very well and that he trusted her." "[Mr. Thompson] further informed me that [Ms. Smith] urgently wished to relocate to The Bahamas from the United States to have her baby, that her said relocation was urgent and that she required financing to purchase her home,"

"I was advised that [Ms. Smith] would execute the said promissory note or a mortgage following the birth of her child," the affidavit says. "It was always my understanding that [Ms. Smith] would eventually own the [house] but that her ownership was made expressly subject to her execution of and the repayment of either a note or a mortgage in favour of [Mr. Thompson.]"

Ms. Ferguson says that on August 9, 2006 a conveyance of the house was executed in favour of Mr. Thompson.

She says the conveyance to Mr. Thompson was neither stamped nor recorded at the Registry of Records.

Ms. Ferguson further swears that the conveyance was never in fact delivered by Mr. Thompson to Ms. Smith and it was held in an escrow by Callenders & Co. pending the execution and delivery of a mortgage of Horizons in favour of Mr. Thompson.

She claims that Ms. Smith has never seen nor received the original conveyance.

"Following the birth of her newborn daughter and subsequent to the tragic death of her son Daniel Smith we, Michael R. Scott and I, informed [Ms. Smith] that until she executed either a mortgage or a promissory note in favour of [Mr. Thompson] in the sum of $950,000 that the said conveyance would not be stamped and recorded…"

Ms. Ferguson says until Ms. Smith executed the mortgage in favour of Mr. Thompson, she held the property upon trust for Mr. Thompson.

"[Ms. Smith] having acknowledged to me [and to Mr. Thompson so I am advised] her status as borrower and her indebtedness to [Mr. Thompson] she subsequently and without any legitimate reason or explanation repudiated the loan agreement and refused to sign either a promissory note or a mortgage," the affidavit says.

"In fact [Ms. Smith] tore up the promissory note taken by me for her to sign. Instead [Ms. Smith] claimed that the house was a gift from [Mr. Thompson]. I am fully aware that [the house] was never intended to be a gift to [Ms. Smith] at all." [12]

[edit] Anna Fights Back

"We have sued him" "He will be yet somebody else to discover that she will not comply with his desires."

Wayne Munroe, Anna Nicole Smith's lawyer, announced that she was suing South Carolina based developer G. Ben Thompson,

"We have sued him. We have issued a writ against him for a declaration that she is the owner, and any subsequent conveyance to him is void,""So he will have to produce his documents. It will not be a matter of simply talking in the press"

Mr. Munroe claimed to have correspondence from Callenders and Co. who represented the vendor – Clifford Culmer, the liquidator of Americanas Bank – and Ms. Smith in the purchase.

"We have a copy of the conveyance. We have a copy of the agreement for sale, where Anna Nicole’s signature as the purchaser is witnessed by G. Ben Thompson, the man who I now understand is trying to say that he is the actual owner" "I don’t know where people come from with these allegations. I would hope that they have some sort of documentation to back up what they say."

Mr. Munroe said that there is "nothing at all in writing" in the documents he has relating to the sale of the Horizons residence that says Ms. Smith undertook to take out a mortgage to pay Mr. Thompson back.

"Nope, nothing at all in writing, and anyone who is a lawyer or layman knows that there is something called the Statutes of Fraud in The Bahamas that says that when you’re dealing with real property it has to be in writing so it cannot boil down to a he said, she said,"

"He has a serious case to answer in the Supreme Court of The Bahamas, and with this good woman, a lot of people seem to think that by going to the press and saying things, that she will comply with their desires," he said.

"He will be yet somebody else to discover that she will not comply with his desires."

Mr. Munroe also announced that he would sue Callenders and Company – which formerly represented Ms. Smith in conjunction with Mr. Munroe based on statements that have appeared in press reports that may have originated at the law firm. He had been instructed by Ms. Smith to write to Callenders and Co., her erstwhile lawyers, and determine whether or not they deny that they are the source of the material that has appeared in the press recently.

"Because if (Callenders and Co.) are the source of some of the material it may give rise to a claim for breach of attorney-client privilege; it may give rise to a claim for conflict of interest and breach of the duty owed by a lawyer to his client, and it might give rise to claims for breach of contract," [13] [14]

[edit] Playing Politics

the minister should do the honourable thing and resign

Anna Nicole Smith does not own a home in The Bahamas. The documentation the Department of Immigration relied on to make the determination of status for Ms. Smith was "incomplete."...the agreement between Mr. Thompson and Ms. Smith called for her to execute a mortgage to pay Mr. Thompson back the million dollars he paid for the residence.Minister of Labour and Immigration Shane Gibson misled the prime minister and the country over the Anna Nicole Smith permanent residency matter, according to lawyer Michael Scott, who said the minister should do the honourable thing and resign."He is trying to transfer blame to us for something his department failed to do," Mr. Scott said, indicating that the Department of Immigration ought to have had supporting documentation. Mr. Scott insisted that the department would not be able to produce any documentation in which they ask for proof of ownership of the Horizons residence.

[edit] my primary client is Ben Thompson

He said that he had been asked by Mr. Thompson and an associate, both of whom were friends of Ms. Smith, to act on her behalf after the tragic sudden death of her 20-year-old son Daniel.

In the question of the conflict of interest suggestions raised by observers who note that Callenders has represented both Ms. Smith and Mr. Thompson, Mr. Scott explained that he was representing Mr. Thompson in the purchase of the home, and Ms. Smith came into the matter later.

He said that he had been asked by Mr. Thompson and an associate, both of whom were friends of Ms. Smith, to act on her behalf after the tragic sudden death of her 20-year-old son Daniel.


According to Mr. Scott, the money for the house came from South Carolina real estate developer G. Ben Thompson, who pre-dates Anna Nicole Smith as his client. He said that Mr. Thompson bought the house, but at the last minute decided to transfer the title to Ms. Smith in order to assist her. "Once she refused to execute the mortgage, I could no longer represent her," Mr. Scott said, finally explaining explicitly why he stopped representing Ms. Smith, "because my primary client is Ben Thompson." He said he had seen evidence that Ms. Smith acknowledged the debt. Mr. Scott said that she had been asked for the money on four occasions, and after the last refusal to pay, Mr. Thompson appears to have had enough. "He instructed me to cancel the conveyance in escrow, and to prepare a fresh conveyance in his name, which has been done, and stamped," he said. So, while Ms. Smith may have appeared to own the home, Mr. Scott contends that she never did, and that she does not now.


[edit] Anna Nicole Smith does not own a home in The Bahamas

"my primary client is Ben Thompson."

Minister of Labour and Immigration Shane Gibson misled the prime minister and the country over the Anna Nicole Smith permanent residency matter, according to lawyer Michael Scott, who said the minister should do the honourable thing and resign.


Mr. Scott made that assertion to the Bahama Journal after asserting that Anna Nicole Smith does not own a home in The Bahamas, or at least not the million-dollar Eastern Road waterfront mansion she was staying in called "Horizons."


Director of the Department of Immigration Vernon Burrows said that Ms. Smith – whose real name is Vicky Lynn Hogan Marshall – is a legal permanent resident.

"As far as the Department of Immigration is concerned, she is the owner of the house," Mr. Burrows said. "We have received no evidence otherwise."

Minister Gibson told the House of Assembly last week that the department’s file included a conveyance granting title of the house to Ms. Smith, from the law firm of Callenders and Company, where Mr. Scott is a partner.

Minister of Labour and Immigration Shane Gibson misled the prime minister and the country over the Anna Nicole Smith permanent residency matter, according to lawyer Michael Scott, who said the minister should do the honourable thing and resign.

Mr. Scott made that assertion to the Journal after asserting that Anna Nicole Smith does not own a home in The Bahamas, or at least not the million-dollar Eastern Road waterfront mansion she was staying in called "Horizons."

Director of the Department of Immigration Vernon Burrows said that Ms. Smith – whose real name is Vicky Lynn Hogan Marshall – is a legal permanent resident.

"As far as the Department of Immigration is concerned, she is the owner of the house," Mr. Burrows said. "We have received no evidence otherwise."

Minister Gibson told the House of Assembly last week that the department’s file included a conveyance granting title of the house to Ms. Smith, from the law firm of Callenders and Company, where Mr. Scott is a partner.

Mr. Scott explained that the documentation the Department of Immigration relied on to make the determination of status for Ms. Smith was "incomplete."...the agreement between Mr. Thompson and Ms. Smith called for her to execute a mortgage to pay Mr. Thompson back the million dollars he paid for the residence.

According to Mr. Scott, she refused to do so after being asked on at least four occasions to honour the agreement, leading to potentially serious consequences for her.

"Once she refused to execute the mortgage, I could no longer represent her," Mr. Scott said, finally explaining explicitly why he stopped representing Ms. Smith, "because my primary client is Ben Thompson."

Mr. Scott took issue with the minister seeking to lay the blame for any misconduct or impropriety in this increasingly contentious matter at the feet of the law firm.

"He is trying to transfer blame to us for something his department failed to do," Mr. Scott said, indicating that the Department of Immigration ought to have had supporting documentation.

Mr. Scott insisted that the department would not be able to produce any documentation in which they ask for proof of ownership of the Horizons residence.

According to Mr. Scott, the money for the house came from South Carolina real estate developer G. Ben Thompson, who pre-dates Anna Nicole Smith as his client. He said that Mr. Thompson bought the house, but at the last minute decided to transfer the title to Ms. Smith in order to assist her.

He said he had seen evidence that Ms. Smith acknowledged the debt.

Mr. Scott said that she had been asked for the money on four occasions, and after the last refusal to pay, Mr. Thompson appears to have had enough.

"He instructed me to cancel the conveyance in escrow, and to prepare a fresh conveyance in his name, which has been done, and stamped," he said.

So, while Ms. Smith may have appeared to own the home, Mr. Scott contends that she never did, and that she does not now.

On the question of the conflict of interest suggestions raised by observers who note that Callenders has represented both Ms. Smith and Mr. Thompson, Mr. Scott explained that he was representing Mr. Thompson in the purchase of the home, and Ms. Smith came into the matter later.

He said that he had been asked by Mr. Thompson and an associate, both of whom were friends of Ms. Smith, to act on her behalf after the tragic sudden death of her 20-year-old son Daniel.

[6]

[edit] No you Resign

"Callenders does not agree that it was obliged to advise the Department of Immigration that Ms. Marshall had agreed to execute a mortgage in favour of Mr. Thompson as security for the monies advanced by him to pay for the house, Referring to the relationship that existed between Ms. Marshall on the one hand and Mr. Thompson and his son-in-law Ford Shelley on the other, the law firm said that there was a spirit of mutual trust..."This firm did not give the Department of Immigration a copy of the conveyance. It is for the Minister to say how the Department of Immigration, for which he is responsible obtained possession of a copy of the conveyance," the statement said....

On Wednesday night, under the privilege of the House of Assembly, Minister Gibson called the law firm’s integrity into question claiming that it had misled the Department of Immigration.He also went a step further and urged attorneys Michael Scott and Tracey Ferguson to resign.The minister tabled documents relevant to the Smith application and also questioned why Mr. Thompson would witness a sales agreement when there was an outstanding mortgage.


[15]

[edit] Left Feild

[edit] The Graverobbers Ball

"Undoubtedly it will be found at the end of the day that drugs featured in her death as they did in the death of poor Daniel"

Scott Fri, Feb. 09, 2007

[edit] Break-In

Please take notice that less than 24 hours after Anna Nicole's death, Anna Nicole's house was broken into and all of her personal items were stolen.

"Despite an existing injunction from the Bahamas Supreme Court enjoining G. BEN THOMPSON and his agents from entering the property that was clearly posted on all entrances, persons purporting to act on Mr. Thompson's behalf, including STANCIL [FORD] SHELLY, and others believed to be GINA SHELLY, GAITHER BEN THOMPSON II, MELANIE THOMPSON, and TRACY FERGUSON [Anna Nicole's former lawyer], entered the house without consent and then the locks were changed. Certain of these individuals were also observed removing numerous items from the premises.

"Upon becoming aware of these activities, lawyers representing Anna Nicole's interests obtained another injunction from the Bahamas Supreme Court, and subsequently reacquired possession of [the house] with the aid of the Bahamas Royal Police Force.

"When Howard Stern returned to the house a day later, he learned that ALL of Anna Nicole's personal items had been stolen. These items included computers, external hard drives, mini-DV tapes, and DVDs containing all of Anna Nicole's personal digital photos and digital home videos, many of which are extraordinarily personal in nature, and a DVD of Anna Nicole's most recent movie 'Illegal Aliens' that has yet to be released in theatres. All of Anna Nicole's personal documents were also stolen, including confidential contracts, banking information, attorney-client privileged documents, and Dannielynn's birth certificate. Even paintings hanging in the nursery that Anna Nicole had painted for Dannielynn were stolen.

"Howard Stern also found a piece of paper pinned to a lamp with the names and phone numbers of Gina and Ford Shelly, and Melanie and Gaither Ben Thompson, II.

"Lawyers representing Anna Nicole's interests are currently working with authorities in the Bahamas and the United States to prosecute all culpable individuals to the fullest extent of the law, to prevent the dissemination of any illegally obtained material, and to secure the return of all of the stolen items.

"Any individual, firm or entity that uses, reproduces and/or otherwise disseminates any item of personal property of Anna Nicole and/or her estate without the prior written consent of Ron Rale will be held liable to the fullest extent of the law."

[edit] The Photos

[edit] The Minister Resigns

[edit] Rocking the Cradle

[edit] SEPTEMBER

On September 11 2006 Reginald Ferguson, assistant commissioner of the Royal Bahamas Police Force, told reporters Daniel Smith was found sitting upright in a chair after going to see his mother and his new half-sister in a private Doctors Hospital in Nassau."It would appear from our report that the mother had gotten up, saw him in the chair and he appeared to be sound asleep. She tried to wake him up, he was unresponsive and she sounded the alarm,"

During a press conference on September 12, Barry Rassin, President and CEO of the hospital said,"We can confirm that Daniel Smith arrived at the hospital late evening, 11 p.m., Saturday Sept. 9. He spent the entire evening in the room and remained as a visitor with his mother and newly born sister," said Rassin. "On Sunday, Sept. 10, at 6:20 a.m., it was noted by one of the associates that Daniel was attending to his mother's comfort." According to Rassin later in the morning Daniel was "observed to be asleep," but at 9:38 a.m. a nurse was called and doctors were summoned after Daniel was found to be "unresponsive." After CPR "resuscitation efforts using advanced life support protocol continued for 22 minutes without response" Daniel Smith was pronounced dead at 10:05 a.m.

Also on September 12 Her Majesty's Coroner Linda P. Virgill announced that "The cause of death is not natural""However, we wish to reserve the cause of death at this time pending the toxicologist examination and report for confirmation of cause of death. Friday is the likely release date for the autopsy and toxicology report" Virgill announced that an inquest would take place. "The inquest would happen late October or early November to determine how, when and by what manner Daniel came to his death." "All persons who are relevant witnesses, like his mother and hospital staff and airline personnel who had contact with him, would have to testify" [1][2]


Anna Nicole's Son: Death Was Not Natural

TUESDAY SEPTEMBER 12, 2006

Linda Trischitta

hxxp://www.people.com/people/article/0,26334,1534068,00.html

Anna Nicole Smith 'Tried to Wake' Her Son

TUESDAY SEPTEMBER 12, 2006 07:50 AM EDT

By Stephen M. Silverman

htxp://www.people.com/people/article/0,26334,1533927,00.html

On Wednesday, Bradley Neely, the chief inspector of the coroner's office, spoke out for the first time about the investigation, telling the Associated Press that the child's death seemed "suspicious.""Whenever there is a suspicious death we would have an inquest to determine how the person died," [3]

Anna Nicole Grieves "Suspicious" Death by Gina Serpe eonline Wed, 13 Sep 2006 hxxp://www.eonline.com/news/article/index.jsp?uuid=c60c7768-34dc-41d0-a035-b57095271d52&entry=index


Coroner Linda Virgill held a September 13 news conference and said coroner's inquest would begin October 23 She described the death as "suspicious" because it was sudden and because of Daniel's age, she clarified earlier statements by saying that it was "unnatural" for a man of 20 to die suddenly and cautioned that the scheduling of an inquest did not necessarily mean foul play was suspected."Whenever we have sudden deaths, and we term them 'suspicious deaths,' it is usual to have this type of procedure," The death would be considered suspicious until jurors determine otherwise according to Virgill.[4]

(Reuters):

Bahamas inquest set in death of Anna Nicole's son

Thursday, September 14, 2006

by John Marquis

hxxp://www.caribbeannetnews.com/cgi-script/csArticles/articles/000032/003279.htm


On September 18, in a Supreme Court Memorandum Bahamas Chief Justice Sir Burton Hall stripped Magistrate Linda Virgill of the designation of "coroner" and ended the practice of designating a particular magistrate’s court as the Coroner’s Court. "In the extraordinary cases in which it is necessary to hold an inquest, the facilities now available to accommodate a jury will be accessible to any magistrate qua coroner" The chief justice did not provide a reason for his decision.

Chief Magistrate Roger Gomez confirmed that Mrs. Virgill would not preside over an inquest into Daniel Smith’s death. According to Gomez, the change was not a vote of "no confidence" in Mrs. Virgill’s abilities, she will still be a magistrate, and still be able to hear inquests but "Because of the remarks she made, She won’t be hearing that one"

The memo provides that the office of the Chief Magistrate will receive all reports of completed investigations by the police into those deaths with which the Coroner’s Act is concerned, and the Chief Magistrate will assign particular matters to any magistrate. Chief Magistrate Gomez said that an inquest might not be needed in the Daniel Smith case. Once the awaited toxicological reports come in, they would be forwarded to the police and the Office of the Attorney General. If the Attorney General feels an inquest is called for, Attorney General Allyson Maynard-Gibson would send the file to his office to assign. [8]

hxxp://www.bahamasb2b.com/news/wmview.php?ArtID=9031 origional is Quincy Parker, The Bahama Journal September 21, 2006 – 08:05


The Royal Bahamas Police Force investigation into the sudden death of Daniel Smith on September 10 is complete, and the results of that investigation have been forwarded to the Office of the Attorney General.

Assistant Commissioner of Police Reginald Ferguson, who led the investigation, told the Journal the police had turned over the results of their investigation to the AG’s office late last week, and reiterated that the decision as to whether to hold an inquest into Daniel Smith’s death now rests in the hands of Attorney General Allyson Maynard Gibson.


October 24 2006 Police Conclude Probe Into Death Of Daniel Smith Quincy Parker

hxxp://www.jonesbahamas.com/?c=45&a=10348


15th September Police Say They Don’t Know How Celebrity’s Son Died By Macushla N. Pinder hxxp://www.jonesbahamas.com/?c=45&a=9994

Addressing members of the local and international press on Thursday, Assistant Commissioner of Police Reginald Ferguson, who was flanked by members of the investigating team, said Daniel’s cause of death was not known.

We await the results of the toxicological and other analysis and the autopsy. A death certificate has not been issued," said Mr. Ferguson, who kept a close lid on details surrounding the case.

Forensic pathologist, Dr Govinda Raju, reportedly conducted an autopsy on Daniel’s body on Tuesday.

Coroner Virgill had expected the toxicology report to be completed by midday Thursday. She has also revealed at a press conference of her own on Wednesday that she has secured the results of the autopsy.

On Thursday, police confirmed that the other person in the hospital room at the time of Daniel’s sudden death was Ms. Smith’s US attorney and family friend, Howard K. Stern

Mr. Stern reportedly picked up Daniel from the Lynden Pindling airport following a flight from Miami, Florida on Saturday and drove straight to Doctors Hospital.

Just days earlier, Ms. Smith had given birth at the hospital.

Based on a statement released by Ms. Smith’s Bahamian attorney, Michael Scott, on Wednesday night, with one exception, Mr. Stern and Daniel spent the entire evening with Ms. Smith in her hospital room.

The one exception, he said, was when Mr. Stern left to get food.

"Anna Nicole, Daniel and Howard spent the entire night together and had a wonderful time with Anna Nicole’s newborn baby," the release read.

"…Later in the morning, Anna Nicole awoke and noticed that her son appeared not to be breathing. Anna Nicole frantically awakened Howard, who immediately checked Daniel’s neck for a pulse and the nurses were immediately summoned."

Earlier this week, officials at Doctors Hospital said they performed resuscitative efforts on Smith after observing that he had been unresponsive.

Officials said these efforts continued for approximately 23 minutes.


"Upon arrival at Doctors Hospital, officers discovered the lifeless body of a male Caucasian in room 201, lying on his back in one of the two beds in the room," Mr. Ferguson said.

"Present in the room were several doctors, other health care professionals (from Doctors Hospital), Ms. Smith and another male, who identified himself as Howard Stern…."

"Anna Nicole was so distraught at the loss of Daniel that she refused to leave his side and it was necessary to sedate her in order to check her out of the hospital. This step was taken upon the recommendation of her attending physicians and because of the realization that as soon as Daniel’s death became public, worldwide media would descend upon the hospital," the release further pointed out.

"The devastation and grief over Daniel’s death, coupled with sedation, has been so extreme that Anna Nicole experienced memory loss of the event. It was necessary for Howard to tell Anna again that Daniel had passed away."


14th September Coroner’s Inquest Set Into Death of Celebrity’s Son By Macushla Pinder

hxxp://www.jonesbahamas.com/?c=45&a=9980

A coroner’s inquest into the "suspicious" death of Daniel Wayne Smith, son of former Playboy playmate and reality TV star, Anna Nicole Smith, has been set for October 23 and is expected to last one week, but longer if necessary, according to Coroner Linda Virgill.

The coroner said that once the inquest is complete, "should it become necessary," the matter would be referred to the Supreme Court for criminal charges.

Police have said that there were no visible signs of injury on Smith’s body or any signs of violence.

Coroner Virgill reiterated that conclusion as she and Bahamian attorney, Michael Scott, who will be representing Ms. Smith and her son’s estate during the inquest, fielded questions from local and foreign reporters on the matter.

Mrs. Virgill said she opted to answer queries on the issue in response to the telephone calls that were being made to her office.

She told reporters that she had secured the results of the autopsy report and that Smith’s cause of death was known. She also said she was awaiting a toxicology report, which should be completed by midday Thursday.

"I will then be in a position to review, but that result will not be made public simply because we will be having the inquiry," Mrs. Virgill said

"…This is a matter that will be held with a jury and the jury at the end of the day must make their findings. And so if I am premature and I give you cause of death, we could tamper with the jury pool. That would not be legal at the end of the day nor would it be right. We must protect interested persons and parties."

"It will not he released [by me] until I have been in receipt of the toxicology report and then a determination would be made at the end of the day whether or not I will release his body within this week," she said

"…Once you have the toxicology reports, there is no need to hold the physical remains simply because we would have the organs and the contents if we need to examine or exhume…Once the body is released, it will be sent overseas."

The coroner also clarified a statement attributed to her in an international report that claimed that at least one other person was in the room when Smith died.

According to Mrs. Virgill, this was something she could not confirm save only to say that based on the police report, "there may have been other persons or person in the room."

"A jury will determine whether in fact there was a third person in the room or persons," she said.

"One thing I would say, in each and every occasion, our medical staff is highly trained. They are very well versed in the laws and they know that if something happened of an adverse nature that would warrant the police to that room, they would have secured that room and upon the police entering, it would also have been secured," she said.

"And so anything that may have been of evidential nature clearly, I am satisfied that it would have been secured. I have every confidence in that and if it hasn’t been or wasn’t done, again the jury would determine this at the end of the day."

Mr. Scott also used the opportunity to dismiss what he called "fanciful claims" that he said were made by a local journalist on Larry King Live on CNN Tuesday night. It was claimed that anti-depressants might have been involved in Smith’s sudden death.

"I’ve not heard that. To my knowledge that certainly has not emerged from any inquiry, investigation or evidence laid before the authorities and I think it’s sheer irresponsible speculation," he said.

The attorney also confirmed that up to Wednesday, Ms Smith was still in The Bahamas, living in seclusion with her family and friends "as expected."


[edit] Scott

Mr. Scott reiterated that he had also resigned because he was "personally offended by the conduct" of both Ms. Smith and her lawyer-turned-paramour Howard K. Stern in the wake of the sudden death of Ms. Smith’s 20-year-old son Daniel.

25th October Anna Nicole Saga Continues By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=10354



26th October Gibson Investigating Anna Nicole Smith Matter By Quincy Parker

hxxp://www.jonesbahamas.com/?c=45&a=10372


[edit] Coroner’s Court

Despite the speculation that followed the decision, Mr. McWeeney, who is also a former attorney general, said there was "nothing sinister" about removing Magistrate Virgill as the exclusive coroner.


5th October Uncertainty Over Impact of Coroner’s Court Change By Macushla N. Pinder

hxxp://www.jonesbahamas.com/?c=45&a=10192


"Let it be known for public information that no cheque was ever personally collected by me nor delivered by me or to me in connection with Ms. Anna Nicole Smith," Minister Gibson said. "Anything to the contrary is a vicious lie conceived in ignorance and spread in wickedness by the FNM."

There was and is nothing illegal, immoral or unethical about the matter, he said.

"The Bahamas government’s funds in this matter have been properly secured and accounted for at the Department of Immigration. For the record, the payment cheque in this matter was drawn on the account of the recipient’s attorney, made out to the Public Treasury and deposited on Friday past," the minister said.

"The FNM’s fantasy over this is nothing more than sly political mischief. When the prime minister invited me to become minister responsible for immigration, I indicated then as I do now that I intended to fulfill my responsibilities to the best of my ability."

26th September Gibson Brands FNM’s Claim “Vicious Lie” hxxp://www.jonesbahamas.com/?c=45&a=10094

26th September Another PLP Senator Resigns By Candia Dames Prime Minister Perry Christie is left to fill another vacancy in the upper chamber of parliament now that PLP Senator Damian Gomez has resigned to become a justice of the Supreme Court.

hxxp://www.jonesbahamas.com/?c=45&a=10093


[edit] Immigration Permit

hxxp://www.jonesbahamas.com/?c=45&a=10074


25th September Immigration Permit Uproar By Candia Dames The public row that has erupted between Immigration Minister Shane Gibson and the Free National Movement over the speed in which an American celebrity got her permanent residency application approved intensified on Sunday, when the official opposition party claimed the minister personally collected the cheque for the approval.

26th September PM Defends Shane Gibson By Stephen Gay Prime Minister Perry Christie on Monday lashed out at the Free National Movement, branding as "an outrageous lie" the allegation that Immigration Minister Shane Gibson personally collected a $10,000 cheque to pay for the permanent residency permit of American celebrity Anna Nicole Smith.

"You can’t have in the front page of newspapers that my minister picked up a cheque when it’s a lie, an outrageous lie," Mr. Christie said.

"If you have to get political power by outrageous lies then it will be an attack on the Bahamian people and the discerning power that they have to know that we are in the political season when lies are the order of the day."

An apparently angry prime minister made his statements while speaking at the opening of Excellence Estates, a new government built subdivision off Carmichael Road.

"I have a government where people are qualified for a particular privilege. My minister has the good order and is effective enough to give [an immigration permit] to them in one week or one month [and] I salute him because he is acting in accordance with the law.

hxxp://www.jonesbahamas.com/?c=45&a=10096

[edit] Coroner’s Court

22nd September AG Reacts To Change In Coroner’s Policy By Candia Dames A day after the Free National Movement said it was "deeply disturbed" by the decision to reverse the policy as it regards an exclusive coroner’s court, the Office of the Attorney General and Ministry of Legal Affairs released a statement saying Minister Allyson Maynard-Gibson fully supported the move. hxxp://www.jonesbahamas.com/?c=45&a=10063 The statement from the AG’s office issued last night said this decision was "taken by the independent judiciary" and "grounded in law".

"Under the previous procedure, each magistrate can act as coroner," it noted, "in accordance with the provisions of the Coroner’s Act. Further, all magistrates courts are available for coroners inquests per the assignment of the chief magistrate."

While Mr. Gomez had told The Bahama Journal that Mrs. Virgill acted prematurely in making her announcement, he denied that the change in the coroner’s policy had anything to do with the Smith case.

But the FNM thinks otherwise.

On Wednesday evening, the Official Opposition party said in a statement that it was deeply disturbed at the abrupt and unexplained reversal of policy governing the efficient investigation of sudden and unexplained deaths in The Bahamas.

"This abrupt change of policy must be fully explained to Bahamians," the FNM said.

Prior to 1993, the system of Coroners’ Courts had broken down."

"The system of having a specialized Coroner’s Court has worked well over the past 13 years," FNM Leader Hubert Ingraham said.

"The need for an efficient system to investigate sudden or suspicious deaths is a matter of grave importance to bereaved family members of deceased persons and to the peace and good order of The Bahamas.

"When returned to office, by the will of The Bahamian people, I commit that the FNM government will amend the Coroners Act to constitute specialty Coroners’ Courts, so that all unexplained deaths will be promptly and efficiently investigated, as has been the case since 1993."

However, she was quoted in People Magazine insisting that there still needed to be an inquest into Smith’s death, although Mr. Gomez said there may not be if it is determined that Smith died of natural causes.

People quoted Mrs. Virgill saying, "This requires a coroner’s inquest. You don’t need to be a rocket scientist to make certain determinations at the end of the day. Certain calls may not be popular, but the buck stops with me."

The story was published on Wednesday, the same day The Bahama Journal learnt of the change in the judicial policy governing coroner’s inquests.

22nd September Bar Association President Welcomes Change In Coroner’s Court Policy By Perry Scavella hxxp://www.jonesbahamas.com/?c=45&a=10065

On Wednesday, a memo sent from Sir Burton addressed "to all Stipendiary and Circuit Magistrates" and titled "Matters arising under the Coroner’s Act, Chapter 56," stated that "it is notified that with immediate effect the practice that was instituted in 1993 of designating a particular magistrates court as the Coroner’s Court will be discontinued."

Party Leader and former Prime Minister Hubert Ingraham vowed that if the FNM is re-elected, it would cause the Coroners Act to be changed to provide for specialty coroner’s courts.

21st September FNM Blasts Change In Coroner’s Court Policy By Candia Dames hxxp://www.jonesbahamas.com/?c=45&a=10052

In a statement issued last night, the Free National Movement said it was "deeply disturbed" at the abrupt and unexplained reversal of policy governing the efficient investigation of sudden and unexplained deaths in The Bahamas.

"This abrupt change of policy must be fully explained to Bahamians," the FNM said.

It was referring to a decision by Chief Justice Sir Burton Hall to end the practice of having an exclusive coroner, who was Linda Virgill.

The FNM statement said that in 1993, when the Coroner’s Court was established, the expressed intention was that every unexplained or sudden death in The Bahamas would be referred to that court so that the cause of any suspicious death would be independently determined.

Prior to 1993 there was an enormous backlog of unexplained deaths awaiting the attention of magistrates throughout The Bahamas who were already far too busy performing their normal functions to take any extra time to investigate unexplained deaths, the statement said.

It added, "Prior to 1993, the system of Coroners’ Courts had broken down."

"The system of having a specialized Coroner’s Court has worked well over the past 13 years," FNM Leader Hubert Ingraham said.

"The need for an efficient system to investigate sudden or suspicious deaths is a matter of grave importance to bereaved family members of deceased persons and to the peace and good order of The Bahamas.

"When returned to office, by the will of The Bahamian people, I commit that the FNM government will amend the Coroners Act to constitute specialty Coroners’ Courts, so that all unexplained deaths will be promptly and efficiently investigated, as has been the case since 1993."

According to a Supreme Court Memorandum obtained by The Bahama Journal, which was signed by Sir Burton, the practice of designating a particular magistrate’s court as the Coroner’s Court – which began in 1993 with the appointment of Winston Saunders as coroner – has been scrapped.

"In the extraordinary cases in which it is necessary to hold an inquest, the facilities now available to accommodate a jury will be accessible to any magistrate qua coroner," Sir Burton said in the memo, dated September 18.

The chief justice did not provide a reason for his decision.

On Wednesday, Chief Magistrate Roger Gomez confirmed to the Journal Mrs. Virgill would not preside over an inquest into Daniel Smith’s death.

21st September Coroner Is Stripped By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=10051

Chief Justice Sir Burton Hall has stripped Magistrate Linda Virgill of the exclusive designation of "coroner" and reverted to the pre-1993 practice whereby each magistrate performed the duties of coroner.

According to a Supreme Court Memorandum obtained by The Bahama Journal, which was signed by Sir Burton, the practice of designating a particular magistrate’s court as the Coroner’s Court – which began in 1993 with the appointment of Winston Saunders as coroner – has been scrapped.

22nd September Questions Surround Coroner Change By Quincy Parker hxxp://www.jonesbahamas.com/?c=45&a=10068

While the chief magistrate insisted that the move was neither a reflection on Coroner Linda Virgill’s abilities, nor punishment for her speaking to the press about a certain high-profile matter, he did acknowledge that she would not be hearing the case she spoke to reporters about.

The reversion to the pre-1993 system of all magistrates in the pool – currently 16 – acting as coroner when required was accomplished suddenly and with no explanation by a September 18 memo from Supreme Court Chief Justice Sir Burton Hall.

In effect, the memo removed the exclusive designation of "coroner" from Magistrate Linda Virgill, who took up that office in October last year. The memo was circulated less than a week after the coroner held an impromptu press conference on a case that seems to be becoming increasingly sensational.

American reality TV star Anna Nicole Smith was visited by tragedy recently when her presumably healthy 20-year-old son Daniel Wayne Smith died suddenly in her hospital room at Doctors Hospital on September 10.

Ms. Smith had given birth to a daughter, Hannah, only days before, and Daniel was visiting his mother and newborn sister when he died.

As there were no marks on Daniel’s body, and no signs of trauma – in other words no obvious cause of death – Mrs. Virgill termed the death "suspicious," setting off a firestorm of questions from the international press.

Shortly after this, the coroner met with reporters to answer those questions after reportedly being besieged by telephone calls. She reiterated that the death was suspicious, and claimed to know the cause of death, saying that she was only awaiting confirmation from the forensic pathologist’s toxicology report.

Mrs. Virgill also set a swift court date for the matter – October 23 – causing some to say she was being premature by setting a date for an inquest when the cause of death was still pending, as is the case in Daniel’s death.

Ms. Smith’s lawyer Michael Scott told the Journal that Mrs. Virgill was also wrong to say she knew the cause of death before the toxicology report was completed.

He pointed out that a death certificate had been issued for Daniel Smith, with the cause of death pending.

Mr. Scott said that to set a date for an inquest was to "poison the well" – he suggested that the Bahamian public, from which a jury to hear the inquest would be drawn, would assume that because an inquest was set, there must be something suspicious.

"It’s almost a reversal of the presumption of innocence," Mr. Scott said.

However, one Journal source disagreed.

"If an inquest is not held (in this matter), you would never know the cause of death, the legal cause of death," the source insisted.

Mrs. Virgill declined to comment.

According to Mr. Gomez, the inquest may be canceled if tests show Smith died of natural causes while he was visiting his mother after she gave birth to a daughter at a hospital in Nassau.

In the event that there is an inquest, Mrs. Virgill will not preside. Mr. Gomez told the Journal this was because she had already commented on the case, suggesting that her designation of the death as "suspicious" might have given a hint as to which way the coroner was leaning.

However, Journal sources say the move was designed to stop Mrs. Virgill from hearing this particular case.

"They don’t want her questions that she was going to ask, because she’s an investigative type of coroner," one source said.

In fact, during the recent high-profile inquest into a deadly prison breakout on January 17 that left two men – a prisoner and a prison guard – dead, Mrs. Virgill asked probing questions.

When pushed for a response to the move and the implications that she jumped the gun by setting an inquest date and saying she knew the cause of death, Mrs. Virgill replied simply "I have no comment at this time."

Mr. Gomez told the Associated Press on Wednesday that complaints came from people who have had cases pending for years and still have no inquest date, but Journal sources say those cases had been pending since before Mrs. Virgill took over the Coroner’s post last October.

The Journal has learned that there are cases in the Coroner’s Court dating back to 1969, which have not yet been heard, and that the court has a significant backlog of matters not yet begun, dating up to 2004.

In Sir Burton’s memo, he reinstated the pre-1993 practice, adding that "in the extraordinary cases in which it is considered necessary to hold an inquest, the facilities now available to accommodate a jury will be accessible to any magistrate qua coroner."

So while the physical space that now constitutes the coroner’s court, which is also Magistrate’s Court No. 7, will remain available for coroner’s inquests, there is now no longer an official Coroner’s Court.

[edit] References

  1. ^ a b "Anna Nicole's Son: Death Was Not Natural", people.com, SEPTEMBER 12, 2006. Retrieved on 2007-02-22. 
  2. ^ a b "Anna Nicole Smith 'Tried to Wake' Her Son", people.com, SEPTEMBER 12, 2006. Retrieved on 2007-02-22. 
  3. ^ a b "Anna Nicole Grieves "Suspicious" Death", eonline, SEPTEMBER 13, 2006. Retrieved on 2007-02-22. 
  4. ^ a b "Bahamas inquest set in death of Anna Nicole's son", Reuters, September 14, 2006. Retrieved on 2007-02-22. 
  5. ^ "Lawyer Says Smith Tried to Revive Son", Associated Press, September 14, 2006. Retrieved on 2007-02-22. 
  6. ^ a b "Attorney Says Immigration Minister Should Resign", The Bahama Journal, October 30,2006. Retrieved on 2007-02-22. 
  7. ^ "She's much better," he told the AP. "You never get over that, you get through it. Time is the catalyst for that."At this time he added that Anna Nicole Smith has been granted permanent residency in the Bahamas. "Authorities issue death certificate for Anna Nicole Smith's son", AP, 2006-09-21. Retrieved on 2007-02-22. 
  8. ^ a b "Coroner Is Stripped", The Bahama Journal, 2006-09-21. Retrieved on 2007-02-22. 
  9. ^ "Anna Nicole Ordered to Move Out", people, OCTOBER 23. 
  10. ^ "Developer To Sue In Anna Nicole Controversy", The Bahama Journal, 3rd November. 
  11. ^ "Callenders And Co. Sues Anna Nicole", The Bahama Journal, 19th January 2007. 
  12. ^ a b "New Documents Filed In Anna Nicole Residency Dispute", The Bahama Journal, 21st December 2006. 
  13. ^ "Anna Nicole Fights For Bahamas House", The Bahama Journal, 1st November. 
  14. ^ "Anna Nicole To Sue Lawyers", The Bahama Journal, 31th October. 
  15. ^ "Law Firm On Defensive", The Bahama Journal, 3rd November 2006.