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D.A. to appeal decision in Anna Nicole Smith case

Los Angeles County prosecutors Friday took the first step toward appealing a judge’s decision to throw out the bulk of a jury's verdict against two people charged with funneling drugs to the late model and actress Anna Nicole Smith.

The district attorney's office filed the notice of appeal with Los Angeles County Superior Court. A spokeswoman said the appeal would be filed at a later date and declined to comment further.

In January, Judge Robert Perry threw out two conspiracy convictions each against psychiatrist Khristine Eroshevich and Howard K. Stern, Smith’s boyfriend and lawyer, saying prosecutors hadn’t shown the two intended to break the law when they used fake names to acquire powerful sedatives and painkillers for Smith.

Perry's ruling cleared Stern of all charges and left Eroshevich with one misdemeanor conviction -- a surprise ending to a case that began with three defendants facing a total of 23 felony charges. Dr. Sandeep Kapoor, Smith's primary care physician, was acquitted of all counts by the jury.

At the time of Perry's ruling, Dist. Atty. Steve Cooley said in a statement that the jury had reached "a fair and thorough verdict" and that his office would "pursue all appellate remedies to overturn Judge Perry's decision."


Judge orders Anna Nicole Smith's doctors, boyfriend to stand trial

2 convicted of conspiring to provide prescription drugs to Anna Nicole Smith

Most convictions thrown out in Anna Nicole Smith drug trial

-- Victoria Kim

Photo: In court during arraignment proceedings in May 2009 are, from left, Dr. Sandeep Kapoor, lawyer Ellyn Garofalo, Howard K. Smith, lawyer M. Krista Barth, lawyer Steven Sadow, lawyer J. Christopher  (behind Sadow), Dr. Khristine Eroshevich and lawyer Adam H. Braun. Credit: Spencer Weiner / Los Angeles Times

Comments () | Archives (7)

Of course it is'nt his (The DA's) Money it is our money

Excellent news. I was in the courtroom and have never seen a more unfair judge than this guy. If he's not on the defense's payroll, he was probably getting paid in cash.

This decision should have been appealed. They killed her.

This is ridiculus! I don't understand the question. If they were not trying to break the law , why then were they using Fake names. Enough already. If this judge let's them get away with this, please let everyone in the USA that is in jail for this same reason get an appeal. This world is surely coming to an eND.

Follow the money trail. Smells fishy to me.

the government makes a big of pot,but all these legal drugs are killing 1000s go after the drug company.or do they just pay to much money.

I can't believe this Anna Nicole case is coming around again - regardless of the outcome(s), haven't the courts spent enough time on this saga?


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