Judge whittles down charging document in Anna Nicole Smith drug conspiracy case

By AP
Tuesday, September 28, 2010

Judge trims down charging document in Smith case

LOS ANGELES — The judge in the Anna Nicole Smith drug conspiracy case has begun whittling away sections of a lengthy charging document against the late model’s two doctors and boyfriend.

Superior Court Judge Robert Perry on Tuesday threw out 18 overt acts that had been listed by prosecutors to support one conspiracy count against the defendants.

Perry has yet to rule on whether prosecutors proved any of the conspiracy charges.

The judge also refused a prosecution bid to add Smith as an uncharged coconspirator in the alleged plan.

Drs. Sandeep Kapoor and Khristine Eroshevich and Smith’s lawyer-boyfriend Howard K. Stern have pleaded not guilty to conspiring to provide her excessive prescription drugs while knowing she was an addict.

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

LOS ANGELES (AP) — The judge in the Anna Nicole Smith drug conspiracy case has delayed final arguments until Monday while he considers defense motions to dismiss charges against the model’s two doctors and boyfriend.

Superior Court Judge Robert Perry said he planned to begin issuing rulings later Tuesday. He spent the morning finalizing jury instructions and told prosecutors they should try to pare down the overt acts they have alleged against the defendants. He said it is essential to simplify the case to prevent jurors from becoming confused.

Dr. Sandeep Kapoor, Dr. Khristine Eroshevich and Smith’s lawyer-boyfriend Howard K. Stern have pleaded not guilty to providing her with excessive prescription drugs while knowing she was an addict. A key issue is whether she was addicted or seeking pain relief.

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