LA judge questions prosecution’s ability to prove 2 main charges in Anna Nicole Smith trial

By Linda Deutsch, AP
Tuesday, August 31, 2010

LA judge questions 2 charges in Anna Nicole trial

LOS ANGELES — The judge in the Anna Nicole Smith drug trial is questioning whether the prosecution can prove two key conspiracy charges against the model’s two doctors and lawyer-boyfriend.

The Los Angeles judge told lawyers outside the jury’s presence that he also has concerns about the propriety of at least eight overt acts listed to support the 11-count case against Dr. Sandeep Kapoor, Dr. Khristine Eroshevich and Howard K. Stern.

Dozens of overt acts are cited in the document.

The defendants have pleaded not guilty to all charges, including the two of conspiring to furnish excessive amounts of drugs to an addict and providing drugs by fraud.

Smith died of a drug overdose in Florida in 2007. The defendants are not charged in her death.

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