Judge considering striking witness’ testimony from Anna Nicole trial after perjury allegation

Lawyer says witness lied at prosecutor’s urging

LOS ANGELES — The lawyer for Howard K. Stern has asked a judge to strike a key witness’ entire testimony in the Anna Nicole Smith drug case, claiming she committed perjury at the urging of the prosecutor.

Attorney Steve Sadow was red-faced with anger as he addressed the judge outside the jury’s presence Tuesday. He accused prosecutor Renee Rose of committing “suborned perjury” by a former nanny who worked for Smith.

Superior Court Judge Robert Perry urged Sadow to take a deep breath and said he was restraining himself from making a statement he might regret.

Sadow later moved to strike the testimony of Nadine Alexie, to which the judge said: “I’m considering it.”

Court recessed for the day without a ruling.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

LOS ANGELES (AP) — Jurors in the Anna Nicole Smith drug conspiracy case were shown a photo slide show Tuesday of Smith appearing healthy, active and involved with her baby during three months when a prosecution witness claimed she was drugged and barely able to function.

Defense attorney Steve Sadow, who represents defendant Howard K. Stern, presented 90 pictures taken in late 2006, including some shot days after Smith gave birth to her daughter Dannielynn.

There were shots of Smith feeding and kissing the baby and posing with Stern and the baby in a family-style portrait.

Other images depicted a sun-splashed commitment ceremony with Stern in which Smith wore a wedding gown on a boat.

Nanny Quethlie Alexie previously testified that Smith was in a semiconscious state during the period when most of the photos were taken. Alexie was seen posing with Smith in some of pictures.

The prosecution responded to the slideshow by showing a few poor quality photos, including one of a disheveled-looking Smith lying in bed with what appeared to be a medicinal drip apparatus in her hand. Alexie said the picture was taken when Smith was sick and Dr. Khristine Eroshevich, another defendant, installed the device to give her serum.

Stern, Eroshevich and Dr. Sandeep Kapoor have pleaded not guilty to providing Smith with excessive opiates and sedatives. They are not charged with causing her overdose death in 2007.

Alexie previously testified she had signed two affidavits about the case in the Bahamas that were untrue.

With jurors dismissed from the courtroom several times, Superior Court Judge Robert Perry voiced his frustration with the witness and said, “The court sees serious credibility issues.”

“The state of the record is the witness is claiming to have signed two documents which are not accurate,” he said.

Perry also reiterated his previous concerns about the case.

“I think this is a very unfocused prosecution,” he said. “I have problems with the way the evidence is coming out.”