Inquest into Death of Anna Nicole's Son

This is a rush transcript from "On the Record ," March 27, 2007, that may be updated.

GRETA VAN SUSTEREN, HOST: Was foul play involved in Daniel [Smith]'s death? Now, we have been slipped the inquest witness list. Do the names on the list tip you off as to whether foul play is suspected? And what about the drugs that killed Daniel? We have that list, too.

Joining us, forensic pathologist Dr. Michael Baden.


VAN SUSTEREN: Welcome, Dr. Baden. Good evening.


VAN SUSTEREN: Now, Dr. Baden, we've given you the same sort of witness list...

BADEN: Right.

VAN SUSTEREN: ... and what's also sort of interesting is that there's a summary of their anticipated testimony. Have you gone through this?

BADEN: Yes, I have.

VAN SUSTEREN: Any tips, anything...


VAN SUSTEREN: OK, go ahead. Go ahead.

BADEN: The two nannies are interesting because they talk about Anna accusing Howard Stern of causing the death of Daniel, that they heard Anna say these things, according to this list.

VAN SUSTEREN: You know, I thought that was fascinating, as well. And one thing I think that I would look for at the inquest, though, is because there — I think both of them were fired. And I don't know if they have sort of — you know, we'll have to — we'll hear at the inquest whether there's sort of a motive to suddenly say — Maybe Howard fired them, but...

BADEN: Yes, that's right. You know better than anybody. This is a prosecution theory of the case. And of course, there are going to be defense attorneys that will — may see it a different way.

I think also, it's interesting because they — number 39 is going to be a statement from Anna Nicole Smith, however way they're going to do that, which is odd for an inquest, something that she said or did during life that's going to be presented. They have excellent toxicologists, Rob Middleberg from National Medical Services, who did the toxicology on both the — Daniel and on Anna Nicole and found the drugs, including methadone in both persons.

VAN SUSTEREN: Let me ask you a question. Paragraph three talks about one of the nurses who was on duty into the evening and into the into the early morning hours when he died. And that's at paragraph number 3. And it says at 6:40 a.m., checked again, mother and son still in the same bed, sleeping. Daniel alive. At 7:40 a.m., checked again, all asleep. And then the code blue, when there was a problem, wasn't until sometime after 9:00 a.m.

Would he have had to get up and take one of those drugs to sort of put him over the top to die at that point? Is that — something — is that the window, or could it have been taken earlier?

BADEN: If he had taken enough drug to cause his death, he wouldn't have gotten up. So there's an implication as to when he was last seen. He was seen moving around 6:30, according to the witnesses. Then some other people saw him allegedly asleep. Now, whether he's asleep or whether he's dead after 6:30 is going to be an issue. But if he was awake at 6:30, then he would have had to have taken some more of the drug that would have caused his death.

VAN SUSTEREN: All right. Look at paragraph 25, which is the summary of the testimony, and this is a document that says Ford Shelly, who has been on this program — it says general drug abuse by Anna — he'll be testifying to that. He says he saw Howard check Daniel's clothing on 10/9/06. That's about a month after he died.

BADEN: No, no. That's backwards.

VAN SUSTEREN: All right...


VAN SUSTEREN: You're right.

BADEN: 10/9 is September 10.


BADEN: They do it a different way.

VAN SUSTEREN: You're absolutely right. Saw two tablets drop out. Howard flushed them down the toilet. And methadone in the refrigerator.

BADEN: That's powerful testimony. Now, they did collect pills from the be, and they did determine that one of those pills was methadone. And so there was methadone in the room. And that's going to be powerful testimony, if, indeed, Howard Stern attempted to get rid of evidence, which, incidentally, when the Seminole Indian tribe says that there was no illicit drugs in Anna Nicole's hotel room, that was after people had an hour to clean things up.

VAN SUSTEREN: And I should point out that it wasn't just — it isn't just Ford Shelly mentioning drugs. If you look at paragraph 8, it says that an RN, "Nadine," came, and it says on her summary of her testimony that she found tablets on a bed and she gave them, apparently, to two people.

BADEN: A lot of evidence was given for study. That's never been revealed because Dr. Wecht revealed what he did in his autopsy, but the Bahamian doctor has never released the toxicological findings. That's going to be very interesting.

VAN SUSTEREN: All right. So we have a summary of this, what they expect, and of course, what you expect oftentimes doesn't necessarily mean it's so. We'll have to wait until it's presented and cross-examined to be certain that, indeed, it is proof or evidence or information, valuable, credible information. Dr. Baden, thank you, sir.

BADEN: Thanks, Greta.

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