I was shocked, says Stern

2008-03-19 12:09

Nassau, Bahamas - Anna Nicole Smith's longtime lawyer and companion told a court on Tuesday he was surprised to learn an overdose killed the Playboy playmate's adult son, saying he never suspected the young man was abusing drugs.

Howard K Stern, testifying at the inquest into the September 2006 death of Daniel Smith, said he thought a toxicology report showing the 20-year-old died from a combination of drugs, including the painkiller methadone, was a "set up" because it didn't fit with his impression of the son.

Stern's account contradicted the portrayal given on Monday by another former Anna Nicole boyfriend, Larry Birkhead, who described the young man as troubled and apparently struggling with alcohol and drugs.

Stern, who is the executor of Anna Nicole's estate, said he regrets not recognising that Daniel's health was deteriorating shortly before he died.

"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."

Stern also said he took a photograph of Anna Nicole cradling her dead son after his collapse in her hospital room. "I did that for her and I would do it again," he said, adding that Anna Nicole requested the picture to be taken.

At the time of his death, Daniel was visiting his celebrity mother after she had given birth to a daughter in a Nassau hospital. About six months later, Anna Nicole died in Florida from an overdose of prescription drugs.

Stern is expected to be the last witness to testify before a seven-member jury that will formally determine what killed Daniel and has the power to recommend criminal charges if it finds evidence of wrongdoing.

Police have said there is no evidence of homicide, and an autopsy found the likely cause of death was a combination of drugs, including the painkiller methadone and antidepressants.

- AP