Judge indicates he will block some charges from going to jury in Anna Nicole drug case

Judge: Jury won’t get some charges in Smith case

LOS ANGELES — The judge in the Anna Nicole Smith drug conspiracy case, often critical of charges lodged by the prosecution, indicated for the first time Monday he will block some of the charges from going to the jury.

Superior Court Judge Robert Perry told lawyers he was preparing a lengthy written analysis of statutes in the case and would consider motions by the defense next week to dismiss all charges.

However, he told defense lawyers to be prepared to begin their case because “I think there are some charges that will likely survive in some form.”

Perry did not specify which charges might be dismissed.

The judge repeatedly has said he did not think the testimony he has heard from prosecution witnesses supported the conspiracy charges.

Dr. Sandeep Kapoor, Dr. Khristine Eroshevich and Smith’s boyfriend lawyer Howard K. Stern have pleaded not guilty to providing opiates and sedatives to an addict and other charges.

Perry has also raised questions about the legal definition of addiction. He said he was inclined to tell jurors that an element of the charge of prescribing to an addict must be that the defendant prescribed a drug for non-therapeutic purposes, meaning they were feeding an addiction rather than treating an illness.

In Smith’s case, the defense has stressed that she had chronic pain, seizures, migraine headaches, fractured ribs and other complaints that required treatment.

Meanwhile, a pain management testified Monday that Smith’s doctors never diagnosed her as a prescription drug addict.