Felony Convictions Dropped Against Howard K. Stern in Anna Nicole Drug Case
A judge dismissed the drug conspiracy convictions of the late Anna Nicole Smith's boyfriend and lawyer, Howard K. Stern, and her psychiatrist on Thursday, allowing only one conviction to remain against the psychiatrist while reducing it to a misdemeanor. Superior Court Judge Robert Perry found that Stern never had the intent to defraud when he used his name and others to protect Smith's privacy when he obtained prescriptions for her.
The judge decided to set aside all but one conviction against the psychiatrist, Dr. Khristine Eroshevich, who was charged with having a role in Smith's death. The lone conviction was reduced to a misdemeanor, to which she'll pay a $100 fine and serve some time on probation.
Back in October, Stern, 41, was
convicted of conspiracy for helping Smith obtain a controlled substance by fraud and for providing a false name for a prescription. Eroshevich was found guilty of conspiring with Stern on the fraud and false name charges, and was also convicted of unlawfully prescribing and obtaining Vicodin through fraud and use of a false name.
The ruling marked the denouement of a long-running drama centering on the blonde beauty's troubled life, which was documented on reality TV, in tabloids and in trial testimony. Smith also made headlines in a continuing $300 million court fight with the estate of her oil tycoon husband.
Perry had said in September that he saw weaknesses in the prosecution's case but felt he had to let the jury decide most of the charges. He said that in the past he had changed verdicts when he did not agree with them.
At that time, he dismissed two charges against Stern.
"I don't think there's evidence that a layperson knows it's illegal to write a prescription in another name for a celebrity," the judge said then, noting that Stern is not a doctor.
Jurors handed a total acquittal for Dr. Sandeep Kapoor, Smith's primary physician. But they convicted Stern and Eroshevich of conspiring to violate the false name statute to obtain pain killers for the former Playboy model. Eroshevich also was convicted of obtaining Vicodin by fraud.
Kapoor came to court Thursday for the sentencing of his former co-defendants.
"I'm here to support them. This was four years of my life, and today is finally closure," he said.
The case was launched last year amid much fanfare by then-California Attorney General and now-Gov. Jerry Brown who denounced the defendants as conspirators in over-prescribing prescription drugs to Smith, whom he called "a known addict." He accused the defendants of being lured by Hollywood glamour. After a three-week preliminary hearing and a nine-week trial, jurors essentially rejected those claims and convicted on few of the 11 charges. Witnesses said Smith was not an addict but a woman struggling with chronic pain.
This week, prosecutors advocated sentencing both defendants to five years of supervised probation, 300 hours each of community service, with Stern working for Caltrans, California's highway maintenance department. They suggested Eroshevich receive community service directed by the California Medical Board and that each defendant pay a $5,000 fine.
Their sentencing memo also asked that Eroshevich, 63, be barred from prescribing controlled substances, which would severely limit her ability to continue practicing medicine. Her lawyer argued she has already lost her reputation and much of her practice, and nothing is to be gained from further pillorying of her.
Both Eroshevich and Stern could have lost their professional licenses if their felony convictions stood.
Stern had been Smith's lawyer, manager, lover and friend since they met in 2001. His lawyer argued that Smith was the love of his life, and he would never do anything to harm her.
Eroshevich was described as a caring doctor and friend who flew to Smith's side in the Bahamas after Smith's son died of a drug overdose and she went into an emotional decline.
Smith died after suffering a drug overdose in a Florida hotel room in 2007. The death was ruled an accident, and the California defendants were not charged with causing her death.
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This now makes him available to be Lindsey Lohan's manager, lover and friend. Anyone agree?
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Disgraceful! Judges run this country and no one says a word!
She was murdered! What about Daniel? Its been over 4 years!
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He murdered them both. And evidently got away with it.
ill say it again,no one held a gun to her head and forced pills down her ,and the same with michael jackson.
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I will never forget his appearance on the Larry King show, along w/Nicole...ensuing events revealed him to be a liar! What a jerk!
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I can't believe it. She was too out of it to go get the drugs to give to herself. He wanted to keep her under control, so he filled her with drugs. Many of them issued in his and others names. What a miscarriage of justice!
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I hear he just signed a 5 year deal with SiriusXM. Just kidding, Baba-Booey. This guy should change his name.
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This is a terrible injustice for Anna Nicole. Without these others, she would still be alive. Shame on them and the judge who has dismissed these charges.
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Anna did what Anna wanted and anyone who went against her was quickly pushed out of her life.She was spinning out of control after Daniels death because she knew deep down that SHE was responsible for him being on drugs and for him to die prematurely.If Anna died of anything, it was of a broken heart.
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yes, I think you're right on both accounts. Way back when her show was on you could see she did what SHE wanted and if you had a problem with that you were kicked to the curb. She had a self-destructive side to her personality that went full-throttle when Daniel died, because she had to have known her culpability in his death. I don't believe a parent is always at blame for a drug abusing child, but in their case I do believe she shoulders some blame.
Well this is such a crock that the charges were dismissed, but Stern lost his meal ticket when Anna Nichol died and no one in their right mind would hire Howard Stern as a lawyer or for anything I don't think. He now better straighten up and find an honorable job, if it is at all possible for him.
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HE JUST GOT AWAY WITH KILLING TWO PEOPLE...1ST THERE WAS DANIEL AND THEN HIS MOTHER. WHERE IS THE SO CALLED 'JUSTICE'...BECAUSE THIS IS CLEARLY AN INJUSTICE.
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When will people have to pay for feeding other people's addictions illegally? Anna Nicole Smith and her son are dead. Michael Jackson is dead. Regular folk go to prison all the time for breaking drug laws. For a long time. My husband's doctor who misdiagnosed his cancer was a practising alcoholic and cocaine addict and over prescribed drugs - including prescribing them under a false name. He didn't lose his medical license until he was found guilty of forcible sodomy and sent to prison. He was never prosecuted on the drug charges even though they had him on tape trading prescription drugs for sex and cocaine. That Howard K. Stern didn't know it was "illegal" is ridiculous. Yes - addicts are responsible for their addiction - but drug dealing - including prescription drugs - as far as I know - is against the law. We could empty half of our prisons if we treated ordinary men and women the way we treat doctors, celebrities and pseudo-celebrities.
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Justice has been served. It was a case that never should have gone to the jury. If you had followed it closely, you would have seen the injustice done to the two doctors and Howard. Jerry Brown should be ashamed for wasting taxpayer's money on a prosecution that never should have taken place.
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This ruling is disgusting, only in the USA to people get away with MURDER!!!!! There was a so called Nurse with anna when she died, what kind of nurse WAS SHE???? i worked in a hospital for 30 years, you can see when somebody is GOING TO DIE, this so Called Nurse was in the same room. Ive seen many people die, many, there are Signs they are dying Hours before they actually die, their coloring goes, they start getting cold and diaphretic, there Are SIGNS!!!!! She would of seen this. Why does NO ONE check into this!!!!
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