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Anna Nicole Judge Slams Case Against Howard K. Stern And Doctors

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Sep. 28 2010, Published 5:00 a.m. ET

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The judge hearing the case against Anna Nicole Smith’s friend and two doctors slammed the prosecution on Tuesday, telling them that the charges against the defendants were not supported by the evidence presented to the jury.

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Los Angeles Superior Court Judge Robert Perry told prosecutors the evidence presented is not supporting their case and that it was a “kitchen-sink prosecution,” meaning that they did not provide proof that the defendants were guilty of the crimes with which they are charged.

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Howard K. Stern, Anna Nicole’s long time friend, and two doctors, Sandeep Kapoor and Khristine Eroshevich, are being tried for conspiring to prescribe, administer and dispense controlled substances to an addict.

Judge Perry was harsh in his criticism of the attorneys, and said he thought the charges were thrown “against these defendants in the hope something survives.”  He also said that he has presided over 622 felony jury trials but only in three cases has he ever been faced with “overzealous” prosecutors who “appeared to be winning above fairness.”

He continued with his critiques.  “So, the prosecution had a dead celebrity and a lot of low-level misdemeanors,” and indicated that the prosecution built their case from these charges.

Closing arguments in the trial are scheduled for Thursday. The jury is expected to begin deliberations early next week. 

Stern, 41, is charged with 11 felony counts, including prescribing, administering or dispensing a controlled substance to an addict, obtaining a prescription for opiates by deceit, fraud or misrepresentation and conspiracy to commit a crime.

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Eroshevich, a 61-year-old psychiatrist, and Kapoor, a 41-year-old doctor who specializes in internal and geriatric medicine, are each charged with six felony counts, including unlawfully prescribing a controlled substance, prescribing, administering or dispensing a controlled substance to an addict and conspiracy to commit a crime.

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