Lawyer: Anna Nicole Is 'Overwhelmed'

Smith is "trying to come to grips with her despair," her attorney tells PEOPLE

Anna Nicole Smith is “okay,” her Bahamian attorney, Michael Scott, tells PEOPLE. “She’s overwhelmed. She’s trying to come to grips with the depths of her despair.”

In a statement released late Wednesday, Scott said Smith had to be sedated after the death Sunday of her 20-year-old son. “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.

Police said Wednesday that a third person was in the hospital room when Daniel died, although they did not believe that person acted criminally. Scott identified the third person as Smith’s lawyer and confidant, Howard K. Stern.

Scott also noted that Stern had picked Daniel up at the airport and drove with him straight to the hospital. “Anna Nicole, Daniel and Howard spent the entire evening together in Anna Nicole’s hospital room (except) when Howard left to get food,” Scott said. His complete statement is here.

According to the Associated Press, Scott told reporters that Smith is in seclusion in the Bahamas with her friends and family, “as you would expect (of) any parent who has sustained this kind of loss,” and called media reports that Daniel had antidepressants or other drugs in his system “sheer speculation. It’s irresponsible speculation, may I point out.”

Reginald Ferguson, assistant commissioner of the Royal Bahamas Police Force, told the AP that no drug paraphernalia or traces of illegal drugs were found on Daniel, in the hospital room or near the room, and that police believe he’d gone directly to Doctors Hospital after arriving in the Bahamas.

On Wednesday, an official in the Bahamas labeled Daniel’s death “suspicious” and said a formal inquiry was set to begin Oct. 23.

Her Majesty’s Coroner Linda P. Virgill, who on Tuesday told PEOPLE Daniel’s death was “not natural” tells PEOPLE she interviewed Anna Nicole at her home on Monday.

Michael Scott’s complete statement, which has more details on the events surrounding Daniel Smith’s death, is on the next page.

This is the text of the statement released Wednesday by Anna Nicole Smith’s Bahamian attorney, Michael Scott:

Anna Nicole recently moved to the Bahamas to avoid the intent media scrutiny in the United States that she has received throughout her career. She wanted to give birth to her new baby girl in a peaceful environment. Shortly after Anna Nicole gave birth, her son Daniel flew to the Bahamas to share in the joy of his sister’s arrival.

Howard K. Stern picked up Daniel from the airport at 10:30 p.m. on Saturday, 9th Sept 2006. They drove straight from the airport to Doctors Hospital. With one exception, Anna Nicole, Daniel and Howard spent the entire evening together in Anna Nicole’s hospital room. The one exception was when Howard left to get food because everybody was hungry.

When Daniel arrived in the hospital room he went straight to his baby sister. He embraced his mother and sister and told them both that he loved them. Daniel was very helpful to his mother and baby sister. On several occasions throughout the night, Daniel assisted his mother to the bathroom, as she was still in a lot of pain from her C-section.

Anna Nicole, Daniel and Howard spent the entire night together and had a wonderful time together with Ann Nicole’s newborn baby. At all times, the hospital staff knew that Howard was in the room with Anna Nicole and Daniel.

The chronology prepared by Doctors Hospital states that Daniel was observed by hospital personnel helping his mother at approximately 6:20 a.m.

Later in the morning, Anna Nicole awoke and noticed that her son appeared not to be breathing. Anna Nicole frantically awakened Howard with the alarm that Daniel was not breathing. Howard immediately checked Daniel’s neck for a pulse and the nurses were immediately summoned. According to the Doctors Hospital chronology, this occurred at approximately 9:38 a.m.

Hospital personnel came immediately to administer emergency aid and assistance. Unfortunately, despite their best efforts, the medical staff was not able to revive Daniel. Even after Daniel had been pronounced dead, Anna Nicole and Howard frantically continued resuscitation efforts.

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 Anna Nicole’s attending physicians and because of the realization that as soon as Daniel’s death became public, worldwide media would descend upon the hospital.

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. It was necessary for Howard to tell Anna again that Daniel had passed away.

Anna Nicole, Howard and their close friends are obviously shocked and appalled after experiencing such devastation that they have not been allowed to privately grieve, as they ought to have been able to under these circumstances. They have been relentlessly besieged by cameras at Anna Nicole’s home and unfair and intrusive media scrutiny.

Anna Nicole has been informed that a coroner’s inquest will be convened to inquire into the circumstances surrounding Daniel’s death and she now asks the media and the public to await the outcome of this proceeding before leaping to sensational speculative and unfounded conclusions as to how Daniel died. It is Anna Nicole’s wish that this sensational and irresponsible journalism cease immediately out of respect for her privacy.

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