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September 30, 2010 Judge decides all counts will go to the jury in Anna Nicole Smith casePosted: 10:16 AM ET
Los Angeles, CA – After going over jury instructions for the better part of three days, and arguing a defense motion for acquittal, Judge Robert Perry determined all 11 counts in the case of California v. Sandeep Kapoor, Khristine Eroshevich and Howard K. Stern will go to the jury saying that after consulting with a respected judge, he decided to listen to the advice, and to have faith in the jury system. Although Judge Perry will allow a 12 member deliberating panel to determine the numerous questions of fact in the case, he did grant Howard K. Stern’s motion for acquittal as to counts 6 and 8. The prosecution had alleged in count 6 that between the dates of August 18, 2006 and September 22, 2006, Kapoor and Stern had obtained a prescription for opiates by fraud, deceit or misrepresentation. In count 8 the prosecution had alleged that between August 18, 2006 and September 22, 2006, Kapoor and Stern obtained a prescription for opiates by giving a false name or address. Counts 6 and 8 will remain as to Dr. Sandeep Kapoor. In count 2, Judge Perry granted the defense motion for acquittal only as to one portion of the conspiracy charge involving defendant's Stern and Kapoor. Acquittal is granted as to allegations that Stern and Kapoor conspired to obtain a controlled substance by false name or address. Judge Perry cited as his reasoning that there was not sufficient evidence that Stern committed or intended to commit the target offense of obtaining or conspiring to obtain a prescription in a false name during those dates in question. Where is the evidence Judge Perry said, that Stern knew it was wrong to have medications in multiple names? Following Wednesday’s outcome, Kapoor will have six charges that go to the jury, Eroshevich will also have six charges and Stern will have nine charges instead of 11. The two doctors and former partner of Anna Nicole Smith are charged with conspiring to commit crimes which include unlawfully prescribing, administering and dispensing controlled substances to Smith. Prosecutors say the defendants who are also accused of pharmacy shopping, knew Smith, who died in February 2007 was an addict. The defendants say their actions were all done in good faith, always acting in Smith’s best interest and served a legitimate medical purpose. They say Smith was not an addict but suffered from chronic pain and emotional pain which required medication. Medication prescribed in alternate names was merely to protect Smith’s privacy. Closing arguments in the case will begin Monday October 4, 2010. Make sure you stay with In Session for all the latest updates! -Jean Casarez, In Session Correspondent Filed under: Anna Nicole Smith death Case Updates |
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