The magistrate in the inquest to determine how Anna Nicole Smith's son Daniel died has decided that homicide is not an option.

The jury gets to decided whether the death was an accident, "misadventure," non-dependent drug use or rule with an "open verdict."

Daniel died from a suspected drug overdose three days after his mother Anna Nicole Smith gave birth to her daughter Dannielynn in September 2006.

The Bahamian court's jury has heard testimony from Anna Nicole's baby daddy Larry Birkhead, most recent companion Howard K. Stern and a number of Smith's friends.

The inquest also heard that Daniel was admitted to a Los Angeles hospital for misuse of valium in July 2006.