Judge allows video of Anna Nicole Smith as evidence but downplays significance

Judge allows video of Smith into evidence

LOS ANGELES — A judge in the Anna Nicole Smith drug case has allowed a video of the former Playboy model to be used as evidence but not played in court.

Superior Court Judge Robert J. Perry said Friday he was not sure if the 2006 video of Smith painting her face like a clown at a child’s birthday party showed she was under the influence of drugs.

Lawyers for Smith’s boyfriend, Howard K. Stern, objected to admitting the video at the preliminary hearing, which will determine whether Stern and two doctors should stand trial for illegally providing Smith with prescription drugs.

Smith died of an accidental drug overdose in 2007.

Prosecutors have concluded their case and defense lawyers say they have no witnesses.

Both sides will make further arguments before Perry decides whether to order a trial.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP’s earlier story is below.

LOS ANGELES (AP) — A judge is set to rule Friday on whether to admit into evidence a 45-minute video that purportedly shows Anna Nicole Smith under the influence of drugs provided by her lawyer-boyfriend.

Los Angeles Superior Court Judge Robert J. Perry said he would take the video home Thursday night and review it rather than watch it in open court. Attorneys for Howard K. Stern, who shot the footage, objected to it being shown.

It could be one of the last pieces of evidence admitted during a preliminary hearing that may result with Stern and two of Smith’s doctors going to trial on charges they conspired to illegally provide the Playmate with controlled substances. Or Perry could exclude its introduction, as he has done with other potential evidence he’s deemed salacious.

Stern’s attorney, Steve Sadow, claimed the tape was stolen from Smith’s home in the Bahamas and that it doesn’t show Smith under the influence of drugs, but rather that she is acting. He said the tape prosecutors obtained may be edited.

Prosecutor Renee Rose said it was shot in 2006 after a birthday party for a 10-year-old girl Smith and Stern befriended in the Bahamas. The girl is shown on the tape, imploring Stern to help Smith, Rose said.

The girl told investigators Smith started acting strangely after drinking medicine from a bottle, according to testimony on Thursday. Smith’s demeanor returned to normal after Stern gave her another pill, according to an account of an interview with the girl was read in open court.

“The only impression one gets is a misimpression,” Sadow said during objections over the tape. He said Smith “was just acting.”

Perry said he wouldn’t watch the video because it would bog down a preliminary hearing that is in its third week.

“I’m in a preliminary hearing that’s not ending,” Perry said. “I’m not concerned whether this goes public or not.”

Perry has limited the introduction of some salacious evidence in the case.

Dr. Khristine Eroshevich, Stern and Dr. Sandeep Kapoor are charged with conspiring to illegally provide controlled substances to Smith, who died of an accidental drug overdose in 2007. The allegations include giving drugs to an addict.

All three have pleaded not guilty. They are not charged in Smith’s death.

Much of the testimony and evidence has focused on Stern and Eroshevich’s relationship with Smith, and other people’s impressions that the model was taking too much medication.

On Thursday, an investigator testified that one of Smith’s nannies told him Stern and Eroshevich persuaded the model to take drugs that left her sleeping for as long as three days.

Department of Justice investigator Danny Santiago read portions of his interview with nanny Nadine Alexie, who told him Smith sometimes resisted taking the medications.

Alexie told Santiago that Stern would then convince her she needed them. Santiago said she noticed a change in Smith’s demeanor afterward.

“He would tell her it’s time to take your medicine then take her to the bathroom or bedroom. Anna would go to the bathroom like Anna, smiling and happy, and would come back falling down,” Alexie said in the transcript.