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

March 4, 2011 |  5:02 pm

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."


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-- 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