March 18, 2009

Three charged in Anna Nicole Smith drug case

Posted: 10:22 AM ET

NEW YORK–Dr. Khristine Eroshevich, Anna Nicole Smith’s psychiatrist, has just turned herself in to authorities in Los Angeles on charges that she conspired to over-prescribe medications to Smith, knowing that she was an addict. Dr. Sandeep Kapoor, who allegedly prescribed thousands of pills to Anna Nicole in the final years of her life, and Howard K. Stern, Anna Nicole’s boyfriend and lawyer, have also turned themselves in.

Anna Nicole Smith with Howard K. Stern outside the U.S. Supreme Court which heard arguments in a legal case regarding the estate of her late husband on Feb. 28, 2006

Relentless cable coverage of this story followed her death, but this time, in my view, it’s a story worth covering. Prescription drug abuse is a growing and real problem in this country. Many people feel, as apparently Smith did, that they are safe taking drugs as long as they have a doctor’s note and the drugs come from a pharmacy. Wrong. Forty-three percent of drug overdoses in America are from prescription meds. Far too many medicines are prescribed in this country, in my opinion, with little oversight as to their safety.

The complaint alleges that some good pharmacists refused to fill these doctors’ prescriptions to Anna, saying that they were dangerous. The state says the three conspirators then simply went to another pharmacy until they got the drugs they wanted to dispense to Smith.

Six hundred pills are missing from bottles prescribed to Anna Nicole in the five weeks before her death. Yes, she was an adult, responsible for her own actions, but those around her are responsible for their conduct too. Smith had said publicly years before that she was addicted to painkillers. After the sudden death of her son Daniel, in the hospital room where she had just given birth to her new daughter, Anna, understandably, was emotionally devastated. Her doctors had a responsibility not to hand out pills to her like Chiclets at such a delicate time.

Anna was cartoonish in life, but her accidental drug overdose death raises important questions, and I salute California’s attorney general for vigorously pursuing this case.

–Lisa Bloom, In Session anchor

Filed under: Uncategorized

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Jen   March 18th, 2009 10:57 am ET

So a tragic end to a human life-no matter how cartoonish you feel hers was wasn't good enough to report but the prosecution of alleged enablers is? Good for you and your conscience. Behind prescription drug abuse or any drug abuse there is a human being. It's unfortunate that you find the witch hunt more important than the individual who was suffering.

Honey   March 18th, 2009 11:06 am ET

I absolutely applaud California's Attorney General for pursuing this course of action. The responsibility of a doctor does not end at the prescription,it begins with the first line of the Hippocratic oath "First, do no harm" and the behavior of these doctor and many others like them forget that primary tenet. Way to go CA.!

onsagke   March 18th, 2009 11:08 am ET

Doctors are the blame for alot of people getting addicted to drugs. everytime you go to the doctor with a pain they freely say oh there's no being in pain let me get some pain medication prescribe. It's unbeleavable.Doctors should be held responsibe after months of giving the pain killers to people. There should be a law of giving out pain medication.

Jessica H   March 18th, 2009 11:09 am ET

Thank you Lisa, you are the first person to have said Anna Nichole was an adult and responsible for her actions. The doctors had an ethical responsibility not to over prescribe medications, but as for Howard, if enabling is a crime we would all be in trouble.

Roger   March 18th, 2009 11:10 am ET

Nobody forced her to take drugs or medications! She used people for monetary gain. She wasn't the brightest thing either, she used her body to take money from men. Why the publicity now?She died long time ago, she chose her destiny, she got famous and rich and she blew it, period. Why should we care about her anyway? She was just a stripper who got rich by marrying an old man, nothing more.

Ellen   March 18th, 2009 11:25 am ET

I hope they do find some kind of criminal enabler liability for Howard Stern. But I don't think they will. It's impossible to draw the line. Do you only charge it when the person dies? What if they kill somebody else while driving? What if they just steal within marriage and thereby ruin their spouses' credit? There are tons of people who go out every single morning of their lives and buy two bottles of vodka and two bottles of pills for their significant others and nothing ever happens and nothing ever changes. Aren't they just as guilty?

Daniel Verastegui   March 18th, 2009 11:28 am ET

Yes she was crazy, but I think deep down inside she was a very sweet person. Anna didn't deserve to die that way. Sham on the doctors and especially Howard! I hope they get what they deserve!

COOKIE   March 18th, 2009 11:35 am ET

Great article, thanks!~
I agree 100%!

TomFen   March 18th, 2009 11:41 am ET

Maybe they should also exhume her son's body and investigate that death. The two deaths seem similar.

TomFen   March 18th, 2009 12:00 pm ET

Just seems strange that Howard Stern was with these people around the time of their death. Something is just not right.

Kim   March 18th, 2009 12:09 pm ET

I think her mother deserves an apology from all involved with the circus after Anna Nicoles death. She was labeled as being a bad mother by Howard Stern and Anna NIcole because Anna and her mother had a strained relationship. The strain on the relationship was due to her daughters drug abuse and as with any addict Anna Nicole burned bridges with people who really loved her and voiced any concerned about her abuse. We now know her mother was right about her grandson Danny's death being suspicious and needed to be investigated. She was also correct that Howard Stern was inabling the abuse.

DK   March 18th, 2009 12:12 pm ET

HKS should be in trial for murder.
Clearly a case of long term drugging with intent

Terri   March 18th, 2009 12:15 pm ET

I think, knowing that she was an addict and what oucome could come of this, when her son died of an overdose, Negligent homicide should be the next step!

Jill Wynn   March 18th, 2009 12:16 pm ET

They should also investigate her sons overdose death too. I could bet money that they had something to do with his death too. Stern is a sneaky, coniving man and not to be trusted...

Lynda (Brampton, Canada)   March 18th, 2009 12:28 pm ET

I personally, will not forgot that eeeerie publicized video of Anna dressed as a clown and being videotaped and humiliated by Howard Stern's provocation. He certainly appeared to sound that he was gravelling and egging her on in her very apparent stoned stupor. I was angered at his disrespect then.

Certainly not the actions of a caring friend / boyfriend. Shame shame on you Howard . .!

Elle Evans   March 18th, 2009 12:29 pm ET

While I agree with many of the comments in this post, I do have a burning question that, frankly annoys me and is all too commonplace. The case of Anna Nicole Smith is tragic. However, it was painfully evident for everyone to see whenever this young woman was on television, interviews, etc., that she was drugged out of her mind, not in her right mind, etc. I don't salute the CA attorney general - he had a responsbility then, as he does now. WHY weren't these three individuals investigated and arrested THEN? Perhaps she would still be alive. Just a thought...

mary palagonia   March 18th, 2009 12:40 pm ET

As we all sit and watch this unfold yet again, another tragedy of of anna nicoles life.

she clearly was not in any state of mind for a very long time, to make decisions, let alone not be able to trust the people she kept close to her. Vicki lynne Hogan was a lost sole looking for a place to rest and be safe. lets hope she finally is at rest.

Kim   March 18th, 2009 12:40 pm ET

Brings Marilyn Monroe's life to mind......

Connie   March 18th, 2009 12:44 pm ET

I don't think Howard should be charged... the docs, yes, if they knew how many different meds she was prescribed. But Howard was just running errands for a friend. I feel bad for him.. everyone makes it out like he "kept her drugged up." I think he was in love with her, and if she wanted him to do something, he did it.

neupaneaj   March 18th, 2009 12:49 pm ET

not to point fingers or anything – but that howard stern guy looked way too creepy from the begining – clining on to her – from what i could see on TV...may be I am wrong. another point is that while she was an adult responsible for her own actions it's hard to prove that someone didn't forced her taking the drugs that led to her death....and that is the gray area you see!!! when you knowingly lead a person to drug addcition such that over time the patient is incapable of deciding what is right for her and yet facilitating more drugs by the very poeple who are suppsed to take care of her....isn't that considered passive murder??

Cabell   March 18th, 2009 12:53 pm ET

I said they (the doc's and HKS) were guilty of this 2 years ago; I'm surprised it has taken this long to get to this point. I think the prosecution has worked very hard to make sure this conviction sticks. YES... Anna Nicole was an adult but she was human; Was Daniel also considered an adult? I hope there will be an outcome that will hold people responsible for their negligent actions. What a shame!

Kim Nicholson   March 18th, 2009 12:54 pm ET

Do you give sugar to a diabetic? Do you ask a blind person to walk at the edge of a cliff? I am fed up with the attitude of humanity by saying " she was a grown woman".I Yes, she was a grown woman, but she was a woman with a major drug habit, and it should have been treated instead of fed.

If anyone knew Anna was an addict, it was Howard K Stern. He lived with her and witnessed it, yet instead of doing a the loving, ethical thing, and getting her into treatment, he in fact perpetuated the problem.

Howard K Stern is just as responsible as the doctors. He was told by the pharmacist that it was dangerous to mix the drugs being prescribed, and it was suggested by the pharmacist that he get Anna into a treatment centre. Instead, he got the drugs via another means.

Did Larry Birkhead not testify under oath that Stern brought the infamous " duffel bag" into the detox centre Anna was in? And, who gave Anna the chlorahydrate at the hotel where she died? We will never know but what we do know is that an exhorbant amound ot pills were missing, obviously being consumed. The doctors were not present, Howard was. I think all 3 of them are guilty.

It's no more than a small inconvenience for Stern, he will be able to pay for legal help with the millions he made off of Anna when he sold her son's death story, Anna's funeral and pictures of the baby to Getty Images for 6 figures.

IMO, this is Hollywood Babylon at it's finest and those doctors and Stern are the bottom feeders who put money ahead of a human life.

Linda   March 18th, 2009 12:55 pm ET's just another reason for more malpractice suits. She was an adult and it is her fault and hers alone.

Deb I   March 18th, 2009 1:06 pm ET

Just another difference between the very rich and famous and the average nobody. The laws are already overly strict on prescribing medicines that can make the difference between a life worth living and a life lived in hell. The rich get drugs they don't need , while the poor and less famous live in pain. Look at Rush Limbaugh. Why isn't he in jail? The man had 10000 painkillers, not just an addict but a big time dealer. Anybody else would be in prison for life. Not the rich.

Julia   March 18th, 2009 1:12 pm ET

Maybe if there were more malpractice suits, there would not be this problem with over prescribing drugs!!!! She was an adult, but do to the obvious, constant being "loaded" on these drugs, she was hardly responsible for her own death. That would fall on those close to her, Howard and her physicians. They all knew the shape she was in and took advantage of it. I hope they all get what they deserve. Oh yes, and I hope physicians everywhere are following the outcome of this one.

Donna   March 18th, 2009 1:14 pm ET

Just out of curiosity....Daniel died of an overdoss too, correct? Could Howard K Stern and his quack doctor pals be prosecuted for his death too?

Donna   March 18th, 2009 1:15 pm ET

sorry for the above typo- I mean overdose, not overdoss

MsAlonso   March 18th, 2009 1:27 pm ET

I agree 100% with Deb l. My fiancee fell 30 ft flat on his back helping build America in the Ironworker trade. Without the closely monitored pain medications he receives, this relatively young man would not be able to move...period. The actions of the irresponsible parties (whomever they may be in any case), should not set the precident for those who truly would live a hellish life without the relief these drugs provide. Let us not get carried away because a wreckless starlet used her position/fame to stay high 24-7.

mlm   March 18th, 2009 1:37 pm ET

I was pleased to read the comments and see that I share the same opinion as some others. To call Anna's life cartoonish is to dismiss her life as real. She was a real human, with real problems and issues. Howard, in my opinion, loved her so much that even if he knew she shouldn't take the drugs, he knew that if he tried to stop her, he would no longer be in her life (ie Birkhead was tossed out for just that) and she would just find someone else to enable her. I can't believe they are going to prosecute that man. He has lost everything. Sure he made some bad decisions and yes, he defintely enabled her, but her adored her, he adored that baby and he has lost everything. He gave up his career to just be with her. I think he has been punished enough with her death for anything he did wrong. I am not trying to say he did the right thing by her, but it wasn't out of greed or to hurt her, he loved her. Watch the clips of them together, look at the history of those two people. He loved her.

Judy   March 18th, 2009 2:06 pm ET

Her mother is the reason ANS became and addict. Her mother should be charged with all the things she let happen to ANS but it is too late for child abuse charges for her!
ANS was an adult and and addict. So what if everyone knew it and did nothing. You cannot force anyone to get help period. She had control of her own life and doctor shopped to get those drugs. To blame other people is a joke but it is this kind of crap that makes it hard for a person to get a pain killer when they need them . These movie stars and their damn addictions always in the papers and the abuse of their prescriptions takes away from those that need the pain meds.
These people have so much plastic surgery that they need all these pain killers, get addicted, OD on them and then the Doc gets in hot water for giving them the meds but the stars are charged with nothing!!! Anna would have got those meds any way if the people she had around her wouldnt have gotten it for her. She knew how to do it
so why blame them. They wantd her money not her death.

suzanne   March 18th, 2009 2:48 pm ET

NOT everyone on pain med are addicts. I have bone spurs and bulging discs in my back. So in order to move and function I have to take them . Her doctors went way overboard. I can't beleive it is that easy to get the dope she had. I have to beg to what I need. NOT ALL ARE ADDICTS.

Agnieszka   March 18th, 2009 3:12 pm ET

I agree also – on this statement " Anna was cartoonish in life, but her accidental drug overdose death raises important questions, and I salute California’s attorney general for vigorously pursuing this case.

–Lisa Bloom, In Session anchor "

Howard Stern looks like a creep – he may have been obsessed with her. I am glad that Larry B. is the father – more stable.

Allison   March 18th, 2009 3:24 pm ET

Charged with a crime...what does that actually mean. In the U.S. you are innocent until proven guilty...I don't suspect there will be any problem with proving any of the guilt. But I do think there will be problems with convicting them and sentencing watch closely they all will ride out of there with nothing due to their status and their wealth. The rest of us normal people would be tied to a chair and volted.
It is a tragic event, and happens all the time in society. The only reason we even hear about this case and the reason the publicity is so great is because of their status and money. If it were you or I, being drugged up and murdered by someone who fed us a constant supply of narcotics over a period of years...we would barely make the obituaries and only because our family put it in the paper. We would not even be noticed as gone. Great coverage media.

Godot   March 18th, 2009 3:33 pm ET

WRT to people comments about wondering if "enabling" is a crime – yes it is under certain circumstances. It is against the law to deal drugs, assist suicides (except in OR or a couple other states), and help (being an accessory) someone else commit a crime like obtaining fraudulent prescriptions. So YES, enabling is a crime under those circumstances.

Kym   March 18th, 2009 3:38 pm ET

This whole thing raises so many issues. First, no matter who you are if you go to a physician for pain the first thing that happens is a prescription is written for pain meds, from Motrin 800 to heavy meds that are addictive. What should happen is the source of the pain should be determined and attempt to resolve the cause not just mask the pain. Second all pharmacists should have access to all prescriptions written for any patient anywhere in the US, this is a safety issue for all meds not just pain meds. There are major and serious problems with the healthcare and health insurance companies running the healthcare system in this country. The people who made a choice to enter these jobs need to take a long hard look in the mirror and re-realize why they did, and if it is for the almighty dollar they should get out of these jobs. I know they won't, but it sure would be nice. Just because she was rich and famous does not make it a tragic loss for our Nation, what is more of a tragic loss is when we lose a parent that works 40 – 60 hours every week to support their family, go to every parent teacher meeting, sporting event and have dinner with their children and act as moral, ethical, respectable people. Thirdly we as a nation need to stand up and shout from the roof tops we are tired of the money hungry, unethical, immoral ogres that continue to ruin our country and then sit with our children and teach them about what is happening and that there is a much better way.

GF, Los Angeles   March 18th, 2009 3:46 pm ET

Julia I don't agree with more malpractice suits being filed. This sue happy country is partly to blame with the skyrocketing costs of healthcare since doctors must pay exorbitant fees for insurance as is. Many would be future doctors are no longer becoming one with the amount of risk involved vs. the money they can make. What happened to Anna Nicole is sad but it's all her undoing.

SLTPTTCH   March 18th, 2009 3:53 pm ET

Anna affected us all in multitudes of ways. She loved her husband, he loved her. So what is the crime there? She attended to him, and was at his side at the event of his passing. And he left her an estate to care for her, because he loved her. So what? Where were his children at this time? Howard Stern was hired by Anna to defend and protect her. They fell in love he was trying to help her. Imagine her emotional pain. Imagine his. I salute Miss Anna Nicole Smith for her endurance. Her daughter is in good hands and Larry Berkhead, as is Howard Stern a stand-up guy. I am in the exact same position as Anna, with a bit less money involved. I looked up to her example, for her stamina, and my heart went out to her constantly. Cartoonish? Childlike? Maybe so but she stood up to undeservingly to kids that felt they were entitled to their fathers earnings without putting anything into the pot themselves. The trial in the public opinion of anything that was part of her experience is only valid if YOU have been through the same. I pray for her peace.

Faye   March 18th, 2009 3:57 pm ET

I would be willing to pay tax money for an intergrated computer system that links all pharmacies and Emergency Departments. As a mid-level provider who works in the emergency department along a major interstate in florida, I see patients daily who jump off the Interstate to get pain medicines, become violent and hostile when denied and threaten myself and employees who are working with them. I absolutely agree with having a system in place to check for previous prescriptions, and where patients can be tracked to assure quality of care.

Marva   March 18th, 2009 4:22 pm ET

An addict will get his/her drugs any way possible ... had HKS not assisted her in obtaining the prescription drugs, she would have found someone else. She used others, just as they used her. It may well be that SHE provided her son with the drugs that ultimately killed him and the guilt was simply more than she could bear. Undoubtedly, she loved her son. I may think HKS to be an unsavory character, but, being an "enabler" is not, by itself, a crime. Until one has lived with an addict – be it alcohol, illicit drugs, or prescription drugs, one musn't judge the "enabler".

As for her mother, regardless of Anna's reasoning for breaking all ties with her mother, the woman CLEARLY had only monetary gain in mind. Anna's family – and some friends – were too ready to blame HKS for the disintegration of their relationships with Anna. Anna clearly made decisions not necessarily in her best interests, but, she was an adult. Had not the media covered her constantly, she may have enjoyed some peace of mind – especially after the loss of her son. A sad life with a tragic ending and a little girl who will never know her mother. To bring charges against anyone now is pointless and a waste of taxpayer money.

myra   March 18th, 2009 4:32 pm ET

I think it is anna's fault that she has passed. You cannot blame Howard for this. I think he really loved her. But she took the painkillers on her own. I believe that Howard did not force her or put a gun to her head to take these pills. Everyone is responsable for themselves in how they conduct their lives.

Mary L.   March 18th, 2009 5:22 pm ET

Wow, what a surprise! NOT! Anyone with half a brain can see just by the videos of Anna that she was drugged beyond the beyond and that her so called Lawyer/Companion was keeping her drugged up. My feeling is that he thought that he would be able to gain control over her money, took advantage of her and the most evil level and ultimately took her life. I know he isn't accused of that, but he should be.

sunnyinseattle   March 18th, 2009 5:42 pm ET

To the people that are saying she was an adult and took those drugs, and that even if HKS gave them to her, she didn't have to take them, first of all, you're idiots and don't know squat about addiction. Secondly, even if they can't hold him liable, he at least should be prosecuted for the prescription fraud he committed, and so should the doctors that wrote out prescriptions for ANS in someone elses' name. Disgusting that someone can claim to love, and aid and abet deadly behavior like that. They had to keep her drugged, she was their meal ticket. Heaven forbid she have a clear head and recognize them for the parasites they were. Up to and including her mother.

Joyce   March 19th, 2009 1:26 am ET

ITA Jen. Well said!

theo   March 19th, 2009 4:05 am ET

so, Onsagke thinks pain med scrips should be what? Illegal? Has he or she ever been in constant pain?
No one is to blame anymore for their actions. It's always someone else's fault. Nicole took the pills, encouraged her people to get them when she couldn't, and died because of her actions. She had plenty of loot and could have thrown everybody out if she had wanted to. It takes a user to be used.

JasASu   March 19th, 2009 10:57 pm ET

I'm glad that the Attorney General is taking action to prevent other patients from dying in the same way as Anna Nicole. I think that it is time someone shows doctors that they have an obligation to their patient to heal not hurt and in allowing their greed for money they forgot what their oath was.

Miriam   March 23rd, 2009 11:24 am ET

Can you really stop a drug addict? Can you really help them???? NO, they will get what they want in whatever way they can.....through manipulation of friends, family, lie to doctors. Which the doctors should know better. ANS went after this lifestyle from a young age. She wanted to be famous in anyway she could, she did it. She was famous. This apparently did not fill the hole that she tried to fill so she took the addiction to drugs. She was apparently depressed and had to have medical/mental help which got way out of hand. So again I ask CAN YOU REALLY REALLY STOP AN ADDICT???? CAN YOU REALLY REALLY HELP THEM? How many of you are on your own anti-depressing meds????? Do they really really help and are you on your own path of destruction or know someone close to you that is? How many of you commenting self medicate with alcohol or other substances???? How many of you are enabling someone close to you with their addictions?????? Can you stop them????

Priscilla Marshall   March 23rd, 2009 3:12 pm ET

Top notch report. Why can't all news (other stations) be covered as squarly as this? thanks Lisa.

Stephen Gianelli   March 23rd, 2009 4:16 pm ET

Phil Spector has not received a fair trial in this case.

I am a trial lawyer of some 30 years experience handling criminal and (more lately) civil matters.

I barely followed the first trial because at first blush the defense seemed absurd.

This time around, because a Northern Ca lawyer was hired by Spector to do the job performed by a half dozen high priced lawyers in the first trial, I became interested. Probably because I am a solo attorney and every one of the 100+ jury trials I have conducted, I have tried alone without co-counsel assistance.

The more I leaned the more I realized that THE DEFENSE WAS NOT RIDICULOUS.

The same day as the alleged murders, Phil Spector told LA Homicide detectives that Lana Clarkson killed herself–BEFORE Spector talked to a single attorney and before any of the "high priced" defense experts were even retained.

Moreover, this was BEFORE Spector could have known that on December 8 Lana Clarkson (who was being evicted, was flat broke, and could not even persuade her "good" friends (who were her only friends) to loan her $200) emailed a friend and threaded to commit suicide.

Lana Clarkson had a blood alcohol when she died twice the legal limit to drive AND she had Vicodin in her system.

Spector had Clarkson’s saliva on his private parts.

Clarkson had gun shot residue (GSR) on her hands–Spector did not, nor did he have GSR on his shirt sleeve or coat sleeve.

I also learned that the driver initially told the 911 operator and initially told Alhambtra Police (who were first on-scene) that he saw "the lady" laying dead on the floor. (WE KNOW FROM PHOTOGRAPHS AND OTHER EVIDENCE THAT CLARKSON DIED IN THE CHAIR, AND REMAINED IN THE CHAIR.)

Then I learned that the driver told LA Homicide the next day that he was not realy sure what SPECTOR told him exactly because of his difficulties speaking English. (The driver was Brazilian, in the US under a fraudulent Visa.)

I also learned for the fist time that the prosecution experts testified that the physical evidence could NOT exclude suicide.

I do not know whether Phil Spector shot Lana Clarkson or she shot herelf in a famous man's house in a drunken, drugged and depressed moment-perhaps to gain the fame in death she sought but never had in life.

But I do believe this:

1. There is now way to put a gun in someone's mouth by accident–so the involuntary manslaughter charge is a transparent attempt by Judge Fidler to engineer a conviction of Spector of something, anything, so he can preside over a televised sentencing hearing.

2. There is reasonable doubt on the question of suicide vs. murder.

Whether Lana Clarkson's heirs can convince a civil jury that Lana did not kill herself and Spector shot her is an ENTIRELY SEPARATE ISSUE that will be decided later.

3. There is now way what Spector did and said 30, 20 and 10 years ago should have been admitted into evidence at this trial, and that mistake alone will guarantee a retrial upon any conviction.

Beat It « red   June 27th, 2009 5:10 am ET

[...] Somehow, of course, the Dr. Feelgoods never come under scrutiny—not until one of their famous patients famously dies. Only then do they face the prospect of governmental supervision, or sometimes the pokey. [...]

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