Judge to Block Charges From Getting to the Jury in Smith Case

Judge to Block Charges From Getting to the Jury in Smith Case

9/22/2010

The judge handling the highly publicized Anna Nicole Smith case has indicated that some charges would be dismissed, and some are most likely to survive in the drug conspiracy trial.

Judge Robert Perry of the Superior Court has said that he is preparing an analysis of the statutes. He believes that some of the charges filed in the case were in conflict with the state law, at the same time, he did not specify which of the charges will be dismissed.

The judge also told defense lawyers to prepare because some charges against the defendants are likely to survive.

The three defendants namely, Howard Stern, who was Smith’s boyfriend, Dr. Sandeep Kapoor, and Dr. Khristine Eroshevich, pleaded not guilty to the charges of providing sedatives and opiates to an addict.

Judge Perry said that prescribing to an addict means prescribing a drug not for therapeutic purposes. The act would be feeding an addiction instead of treating an illness.

In a statement made by Dr. Perry G. Fine, a pain management expert, he said that nothing in Kapoor’s records, nor those of other doctors who had treated Smith, shows that she was diagnosed with drug addiction. Smith was never diagnosed by her doctors as a prescription drug addict. The defense had been stressing that Smith suffered from seizures, chronic pain, migraines and other complaints.

WRITTEN BY:

blakeh@wellsdrew.com