Anna Nicole Smith verdict: One doctor acquitted, others convicted [Updated]

A jury returned mixed verdicts Thursday afternoon in the drug trial surrounding the death of model and Playboy Playmate Anna Nicole Smith in which two physicians and a lawyer were accused of providing her with powerful and dangerous medications.

One physician, Dr. Sandeep Kapoor, was acquitted of all charges. Smith's psychiatrist, Dr. Khristine Eroshevich, was convicted of four counts of obtaining medication through fraud -- for cases in which Smith was prescribed medication under false names. The jury deadlocked on two additional charges of illegally obtaining controlled substances for an addict. Smith's lawyer and boyfriend, Howard Stern, was found not guilty on seven counts of obtaining and providing drugs to an addict. He was convicted of two conspiracy counts of aiding and abetting doctors.

[Updated at 2:37 p.m.: Both Eroshevich and Stern face prison time. Sentencing is scheduled for Jan. 6.]  

The panel deliberated for more than two weeks for the trio, who were accused of conspiring to unlawfully provide controlled substances to an addict and of obtaining the medication through fraud. They were not charged with causing Smith's death. She died of an accidental overdose at a Florida hotel in February 2007.

During the two-month trial, prosecutors contended the three defendants used dubious methods to obtain and give powerful opiates and sedatives to Smith in the three years leading up to her death. Motivated by Smith's fame, they gave her the medications she craved without legitimate medical need, the prosecution argued.

They accused Kapoor and Eroshevich of crossing boundaries between their professional and personal relationships, showing the jury Kapoor's journal, in which the doctor wrote about attending a gay-pride parade with Smith, and a photo of Smith and Eroshevich naked and embracing in a bathtub.

"I was making out with Anna, my patient, blurring the lines. I gave her methadone, Valium," wrote Kapoor, Smith's primary-care physician, in an entry that was referred to over and over again in the prosecutors' closing arguments. "Can she ruin me?"

Attorneys for the doctors told jurors that Smith suffered from chronic physical pain as well as severe emotional pain in the last months of her life, resulting from the death of her son, Daniel. They argued each of their clients were acting in Smith's best interests and that a doctor's medical judgment cannot be "second-guessed" after the fact.

The defense attorneys also pointed out for the jury the resources the Los Angeles County district attorney's office had expended on the case. They noted prosecutors spent more than $40,000 to fly out two of Smith's Bahamian nannies and their security personnel for what one attorney called "fairly nonessential testimony" and that four deputy district attorneys had been assigned full-time to the case.

-- Victoria Kim

Photo: Smith and Stern. Associated Press

Comments

[All Hallows Eve]

Good

[MBC Voice]

This case was a media circus solely for the aggrandizement of the prosecutors. It is no wonder that Los Angeles is bankrupt. Justice was never the object of this persecution, only politico-attorney ego.

[solange]

Finally a bit of sanity and reasoning prevails in this case! The jury was right to find Stern and Eroshevich guilty of conspiracy and fraud by obtaining prescriptions under false names. There was no medical reason (or supporting records) why Anna Nicole should have had the thousands of pills prescribed to her. This should serve as a wake-up call to all celebrity facilitators.

[commonman13]

now, we all can sleep well knowing that justice is now done. thank you, LA District attorney for handling this case so efficently and expediently. All our problems are now solved and we are all worry free now. We have nothing to fear anymore.

[swtcharlotte]

I think Howard's conviction is a result of the all of the mud slinging that was done by individuals from Texas and the media. What an absolute miscarriage of justice. MO

[horseygirl]

An addict will get their drugs any way they can. It's too bad Anna Nicole's beauty and money caught these people in her vortex.

[Joe]

"Blurring the lines?" I say flagrantly crossed right over 'em.

[sallie]

Thanks for no information in the article about the possible penalties.

[John Smith]

"MBC Voice" is exactly right.....This case was purely about politics. Dr. Kapoor ought to sue LA for pain & suffering and loss of reputation. I'm glad the jury saw that he was merely an outsider. It's amazing that non medical people try to second guess trained medical professionals after the fact. Many in chronic pain suffer needlessly largely because many Drs are afraid to give patients what they really need, due to cases just like this.....The persecution of good people. Someone ought to charge these prosecutors with high crimes.

[Peter323]

What a momumental waste of scarce prosecutorial resources. The Cooley D.A.'s office turns away and ignores three City of Bell police officers who came to it with evidence of serious corruption and malfeasance among city officials long before the Times publicized their looting of the city treasury, but goes to the end of the earth to prosecute this dubious drugs case. Why can't we find prosecutors who have an appropriate order of priorities? Among felony offenses, violent crimes first, nonviolent drug offenses last, white collar crimes somewhere in between.