Howard K. Stern says medical law doesn't apply to him
Anna Nicole Smith’s former confidant and lawyer pleaded not guilty today to charges of furnishing illegal prescription drugs to the late Playboy model in the years leading up to her 2007 fatal overdose.
Following the arraignment in L.A. County Superior Court, an attorney for Howard K. Stern said he plans to seek a complete dismissal of the charges on the grounds that the law is meant for medical professionals.
“Howard is not a doctor, not a medical practitioner and the statute does not apply to him,” lawyer Steve Sadow said outside court as Stern stood silently at his side.
Authorities have portrayed Stern, 40, as the linchpin – or “principal enabler” according to the state attorney general – of a conspiracy to provide Smith with thousands of pills, including methadone, Xanax and Ambien.
Stern’s co-defendants, physicians Sandeep Kapoor, 40, and Khristine Eroshevich, 61, also pleaded not guilty today. Commissioner Kristi Lousteau ordered the doctors and Stern to provide handwriting samples to investigators.
The writing of prescriptions is the heart of the case against the trio. In court filings, prosecutors have said the three used fake names on prescriptions to funnel inappropriate amounts of medication to Smith even though they knew she was an addict.
The 39-year-old model and spokeswoman died in a Florida hotel room two years ago, five months after her 20-year-old son, Daniel, suffered a fatal overdose from drugs. A lawyer for Eroshevich, a psychiatrist, has said she was treating Smith for depression and postpartum depression stemming from the birth of her daughter.
The judge also imposed a protective order barring attorneys from disseminating some 1,400 pages of evidence that prosecutors are in the process of turning over to the defense. A lawyer for Kapoor told reporters that he is continuing to practice medicine as the case progresses.
“His patients have been very supportive and he appreciates that,” said attorney Ellyn Garofolo.
The defendants are due back in court in June to set a date for the preliminary hearing, which is expected to last at least two weeks.
-- Harriet Ryan
Related:
Attorney general calls Anna Nicole Smith's boyfriend her 'principal enabler'
Howard K. Stern's lawyer rips California Atty. Gen. Jerry Brown
Photos: Anna Nicole Smith | 1967-2007
Photo: Defendant Howard K. Stern, third from left, the former manager of Anna Nicole Smith, in the courtroom during his arraignment with co-defendants Dr. Sandeep Kapoor, left, and Dr. Khristine Eroshevich, second from right, and their attorneys at the Los Angeles County Superior Court in Los Angeles on Wednesday. The three pleaded not guilty to charges they conspired to provide prescription drugs to the former model before her overdose death two years ago. Credit: Spencer Weiner / Los Angeles Times
When I read the autopsy report about ANS, it stated that she had Hashimoto's thyroiditis but I did not see an endocrinologist or thyroid medication listed at all. When I looked this syndrome up, left untreated, it seems to cause death in a manner that is similar to the way the coroner ruled ANS died. Also, on the TrimSpa website I saw that one of their products affected thyroid function but the company took the information off their website a few days after she died. I wonder, is this relevant to Anna's death?
Just as a side note, drug abuse, alcoholism and co-dependency are terrible diseases that destroy not only the addict but their families and friends as well. This really is a tragic story.
Posted by: Julia Baumann | May 13, 2009 at 11:40 PM
That lawyer is guilty as hell' this is the plot since its all about the money' an greed' if he loses he goes to jail, if he wins' then the lawyers take all his money in fees' so yes he will be broke at the end of this trial' then he can write a book entitled' "if I druged her"
Posted by: xavier zamora | May 14, 2009 at 12:58 AM
Apparently, the laws of common decency don't apply to Stern either--he exploits Anna's memory, Dannielynn and the US Court system like it's his job.
Posted by: Noodlemonkey | May 15, 2009 at 07:43 AM
While laws governing medical professionals may not apply to Stern, I think he will have a hard time avoiding laws against distributing controlled substances, and if garnering prescriptions in your own name and then giving those drugs to someone else is not distribution then I don't know what is.
Posted by: belicoso | May 18, 2009 at 01:59 PM
Howard K. Stern will be exonerated in the end. Anna Nicole was an ADULT, middle aged woman, she made her own choices. According to L.Birkhead's testimony, Anna gave Methadone and Ecstasy to her son Daniel! Daniel died of Methadone overdose. Anna was not a heroine nor a victim.She used people to get money and RX. drugs.
Posted by: AJ | May 19, 2009 at 07:06 AM
Don't worry Howard. We will find a law that applies to you. You will go to jail. You shouldn't resist this. Jails both protect the public from criminals and protects criminals from the public. Howard, you will be much safer in jail. If you don't go to jail then in the near future we might be reading about how your head was blow off by a vigilant citizen who made a sport of hunting a scum bag like you down.
Posted by: Jimberly | October 29, 2009 at 06:06 PM