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Judge in Anna Nicole Smith case dismisses 2 charges against her boyfriend

September 29, 2010 |  8:02 pm

A Los Angeles County Superior Court judge Wednesday dismissed two charges against the boyfriend of the late model and actress Anna Nicole Smith, but left most charges to be decided by a jury.

Judge Robert J. Perry dismissed two counts of obtaining an opiate by fraud against Howard K. Stern, who was also Smith’s lawyer, according to court spokesman Allan Parachini. Stern still faces nine counts related to allegedly providing Smith with powerful drugs.

Perry made the rulings in the criminal trial of Stern and two doctors accused of providing large quantities of drugs to Smith, who prosecutors contend was addicted to the pain medication. Smith died in February 2007 of an accidental overdose in Hollywood, Fla.

Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor have all pleaded not guilty.

Perry also “narrowed the scope” of a conspiracy charge relating to Kapoor and Stern, Parachini said.

Prosecutors rested their case against the three defendants this week.

Perry has expressed skepticism about the prosecution's case during the trial, which began in early August. Defense attorneys have chosen not to call any witnesses.

Closing arguments are expected Monday.

-- Victoria Kim