Abeautiful blonde celebrity has been making cameo appearances in a downtown courtroom.The woman is Anna Nicole Smith, a one-time Playboy model who died in 2007 of a drug overdose. Those on trial are her former lawyer-boyfriend and two doctors, all charged with conspiring to give her excessive prescription drugs while knowing she was an addict.
The busty bombshell who sometimes slurred her words and appeared drugged. Who was she in life? Even her name was a mystery. Was she Vickie Marshall, Anna Nicole Smith, Michelle Chase, Susie Wong, Jane Brown or a number of other pseudonyms used to fill prescriptions? Was Smith a drug addict or a woman beset by so much pain from various ailments that she sought relief in medicine bottles?
Apliant victim drugged into semiconsciousness by others or a strong-willed woman who told people what to do? The jury of six women and six men will ponder those questions when the case is submitted to them, possibly next week.Superior Court Judge Robert Perry has harshly criticized the prosecution for "overreaching" and indicated he will bar some charges.
The way this case is charged and being prosecuted," he told Deputy District Attorney Renee Rose. "If you're going to accuse someone, you should have some evidence.I would hope that a prosecutor would be intent on finding the truth, not just a conviction.Now, Perry has presented both sides with a 15-page document he labeled "Thoughts," asking 50 different questions about the charges.
What evidence shows that Anna Nicole Smith took drugs to get high or obtain a euphoric state and not to relieve pain?
Dr. Perry G. Fine, clearly impressed the judge. Fine testified that even if Smith was prescribed 1,500 pills in one month for pain, it did not mean she was an addict — that clinical factors had to be considered as well as her high tolerance for opiates and sedatives.Perry sees this as central to the case and advised jurors: The number of pills is not a determinative factor in this case.
Smith's homes after she died. Much of the prosecution's case has been a laundry list of powerful medications, including Methadone, Dilaudid, Demarol, Valium, Xanax and Chloral Hydrate. Pharmacists testified about being shocked at the number of medications prescribed and one said he refused to fill.
Smith suffered from chronic pain syndrome, seizures, fractured ribs, migraine headaches, insomnia and severe back pain, as well as depression after the death of her son, Daniel.But I can see why he is concerned,she said.Even the (California) legislature has expressed concern that these statutes might be used in a way that would chill doctors from treating pain.
Veteran lawyers Steve Sadow, Ellyn Garafalo and Brad Brunon — recently made a surprise announcement that they will call no further witnesses after the prosecution rests. They say the case against their clients has not been proven.
Perry, who said he has researched the legislative intent behind the relevant laws, said he may tell jurors that to convict the defendants of prescribing to an addict they must find the prescriptions were for "non-therapeutic purposes," meaning to feed an addiction rather than treat an illness.
Dr. Sandeep Kapoor and Dr. Khristine Eroshevich have pleaded not guilty to an array of charges, including conspiracy to provide excessive controlled substances, prescribing to an addict, and obtaining drugs by fraud — some prescribed under false names.
Examined every prosecution witness and the judge said they succeeded in destroying the credibility of several, including two nannies flown in from the Bahamas. Sadow accused one of them of outright perjury.The prosecution summoned up Smith's video images to suggest she was addicted — showing her at the American Music Awards.
He asked whether nine prosecution witnesses should be considered accomplices and jurors should be warned to treat their testimony with caution. These included pharmacists and doctors who prescribed to Smith under pseudonyms, a common practice with celebrities.A former federal prosecutor of drug cases, said this case was overcharged and Perry will probably pare it down to the bare minimum he feels can be supported by law.
Prosecutors used photos of Smith naked in a tub with Eroshevich and pictures of Kapoor kissing Smith after riding with her in a gay parade to show that the doctors blurred the line of their professional relationship with Smith.
Monday on dismissal motions, but indicated some charges will likely survive in some form.He wants arguments to be limited to two issues: whether Smith was an addict and whether prescriptions.
Convictions could send a message that would inhibit doctors from prescribing pain medications and treating celebrities.They will feel that big brother is looking over their shoulder,she said.And even though we do want monitoring to keep the public safe.
