Many of us are beginning to wonder if the jury is a hung jury on some of the counts. There are 21 all together against Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich. The three are charged with multiple felonies for allegedly conspiring to furnish prescription drugs to an addict. Stern has nine felony counts against him and Kapoor and Eroshevich each have six felony counts and there are a slew of misdemeanor counts against each defendant.

Stern and the two doctors’ charges include conspiracy, unlawfully prescribing a controlled substance, obtaining a prescription for opiates by fraud, deceit or misrepresentation, obtaining a prescription for opiates by giving a false name or address and prescribing, administering or dispensing a controlled substance to an addict and conspiracy to commit a crime.
.
The defense took a gamble and did not present any evidence at trial with Steve Sadow on behalf of Stern saying in part; “that there was an “abundance of reasonable doubt’ in the case against his client and the doctors, and said prosecutors had trashed Smith ‘as an out-of-control drug addict’ and showed no regard for the chronic pain she suffered for years.”

Ellyn Garofalo, Dr. Kapoor’s attorney, stated in her closing arguments that “Kapoor acted in “good faith” and had a legitimate medical purpose’ in prescribing medications to Anna Nicole Smith. Kapoor is a Hollywood expert with pain management.

Bradley Brunon, of Phil Spector fame, in his closing arguments on behalf of Dr. Eroshevich stated that, “the psychiatrist reached out on an emergency mission’ to help Smith after the former reality television star and Playmate of the year, son died and did what she could to try to help her in a time of crisis.”

Renee Rose Deputy District Attorney, argued that the evidence presented during the nine-week trial showed “that these defendants knew what they were doing was wrong’ and that “they knew their conduct was unlawful.”

Most trial observers agree that the main sticking points are that Kapoor kept a diary with entries that seem to substantiate that he knew something were wrong and that he had drug problems in the past as well. Then there is the fact that Kapoor took Smith’s medical files home and hid them in the bottom of his closet. Rose made a strong argument that showed intent and that Kapoor knew what he was sending to Smith was excessive.

Sadow was successful in getting a lot of the evidence including traveling to the Bahamas with an enormous amount of drugs thrown out. He was also able to turn Ford Shelley from a prosecution witness to a defense witness. Sadow also kept out a large part of the evidence including what appeared to show in part that Eroshevich’s ex-husband had sent wired sum of moneys divided in the names of both Eroshevich and Stern to make it easier to pick up. If the prosecution had been successful at presenting evidence of that it would have gone a long way to prove that Stern knew his name was on some of the prescriptions as well as shore up the conspiracy charges.

The jury has sent only one note to Los Angeles Superior Court Judge Larry Paul Fidler during last Thursday’s session asking how Stern could be found guilty of prescribing since he is not a doctor. Judge Fidler’s response was that Stern had “liability — if any’ on the two charges of unlawfully prescribing a controlled substance “as an aider and abettor.” Judge Fidler went on to clarify that should the jury find Dr. Kapoor or Dr. Eroshevich not guilty on either of these counts, then they should find defendant Stern not guilty on those same counts, Judge Fidler noted for the jury that the two doctors would have to be convicted on those counts before Stern could be. When asked if that answer the jury’s question the foreperson indicated it had.

Judge Fidler, who many court watchers in the Los Angles area is seen as pro-prosecution judge, was standing in for trial Judge Robert J. Perry, who took an “unscheduled vacation” during the first week of deliberations. Judge Perry had stated multiple times his frustrations that these charges had ever been brought. At one time Judge Perry even told the deputy district attorney it appeared that the state was throwing a lot of charges towards the defendants with hope that some would stick and it appeared like overkill or potential jury abuse to him.

Many of us felt that Sadow had Judge Perry going in the way of sympathy for the defendants when Judge Perry indicated he would be dismissing most of the charges before the case went to the jury only to reverse himself at the last moment and deciding the jury could rule on all of the charges and then he could throw them out after conviction if a conviction occurred. You know it is pretty bad when a sitting judge for over 18 years says this is one of the worse three cases he had sit on as the trial judge.

My feeling is that if the jury does not return with a verdict by Thursday we will find that this is a hung jury. If so will the state be out the money to retry the case after the elections in November including paying another $40k to the two nannies? Even more important is will high profile attorney Steve Sadow appear again pro bono for Stern? Brunson did not represent Spector in his retrial.

If a retrial happens then the defense will have the advantage of knowing what the D. A. will present and the D. A. will not know what the defense will present because of the lack of any defense witness in this trial.

So what are your thoughts, hung jury or just a lot of charges to go through?

©Rose Turner
October 19, 2010
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Tags: Anna Nicole Smith, Bradley Brunon, Celebrity Trials, controlled substance, Daniel Smith, Dannielynn, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ford Shelley, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, Judge Larry Paul Fidler, Judge Robert J. Perry, Los Angeles, Los Angeles Superior Court, Phil Spector, Renee Rose, Renee Rose Deputy District Attorney, Steve Sadow Esq., The Bahamas, unlawfully prescribing, Virgie Arthur

Well, what a ride, the preparation for the inevitable, the trial of Howard K. Stern, Dr. Khistine Eroshevich and Dr. Sandeep Kapoor. It is August 4, 2010 and the “machine” is warming up! ….Dr. Sandeep Kapoor looked stressed and agitated, it will not be fun having his personal journals read aloud to the jury and the audience. His journals are mean spirited most of the time and just darn nasty. The dark side perhaps, but a little “bitchy,” if you know what I mean. Yet when you speak to him he comes across as friendly and caring, what he must be thinking? …Dr. Eroshevich looked as if she had run a marathon, her hair was not coifed as it was on most days and she looked a little ragged. She looked terrible as a matter of fact. At her age, to be going through this has to be taking its toll, unlike Kapoor, she is in her twilight years. …She too is a very compassionate person and loads of fun at times to talk to. …However, the doctors as they were presented to the jury by the prosecutor just seemed terrible. Go figure what were they thinking, why was not more effort placed in getting Anna to a re-hab center?

…Betty Ford was one that I had spent many days and weeks at making sure all went as planned. Sure the treatment facility had a plan, then so did my clients!

The defense got a huge break with the return of Judge Perry, during the pre-lim he did not seem to me to be happy that this case was coming down the criminal courts highway. …Sadow however seemed to be a hit with both judges, it is that dam “Steve Factor.”

Ms. Virgie Arthur entered the courtroom at 8:35 A.M. She was nicely dressed and she too seemed comfortable and focused. She held the hand of a gentleman who I am assuming was her husband, she sat a few seats from where I was sitting. …Quiet and patient, she was there to watch and listen to those who are charged in preparing her daughter for the afterlife.

The jury entered the courtroom at 9:47 A.M. and it looked to be a good cross section of our society. This was there big “debut,” the group who would either “set ‘em free or drop the court house on ‘em.”. …Why was this not done in Florida? The Bahamas? …they come across as being sinister and conniving if you believe the prosecution…there is so much more!

Prosecutor Rene Rose was on top of her game… She is good at her job and she is tough, I felt that her presentation and cadence was right on. Steve Sadow was nothing less than fabulous, this is what this guy was meant to do. He is interesting and the good ol’ boyish in his delivery had the jury’s attention…

Much was made of the ‘names’ that were used in the course of making sure Anna stayed medicated. The name that just kept coming was “Michele Chase,” over and over again this alias was used. Hmmm I am reviewing my notes, but I recall that this was a name used by a male who would sometimes “cross dress,” and was associated with Anna Nicole Smith & Co. For many years I would visit the ‘Queen Mary’ in Studio City, California, it was owned by one of my very good friends Robert Juleff. This place was a show place with live shows of female impersonators and in the very back was a very special bar. Robert would tell me that on a busy night you could go back there and find lawyers and perhaps a judge or two, depending on what night of the week. …Michele Chase will live on forever in the Anna Nicole Smith story.

Here is my prediction, Howard K. Stern will walk, he has a great lawyer, Steve Sadow is going to have this jury eating out of his hand. Dr. Kapoor I am not sure, on paper he looks just terrible, but he too has one of the best lawyers out there, Ellyn Garafalo, she is different and has a very no nonsense attitude. For Dr. Eroshevich who is on lawyer 3 or 4, she has lots of hurdles to get over and at her age it won’t be easy getting over them. Not sure how much the prosecution will get into in all of her baggage, but most is not good. …And in saying that, she is the only one who never made a dime on her relationship with Anna Nicole Smith, it cost her money to hang around and be a “doctor!” And in the end, it may cost her including her entire career (deals are good, too bad, we hope you enjoy the view).

We will be reporting in and out on this trial as time will allow and we at DesperateExes.com wish all three of these people the best of luck…..and for those who will testify against Howard K. Stern, wear a vest and a safety belt as Sadow is going to rock your world”…and ‘”Michele,” where is my lipstick?

Be sure to read the rest of this rather sad opening at Desperate Exes.com. We have been very fortunate to have developed a good exchange between Rose Speaks.com and Desperate Exes.com over the last three years.

http://desperateexes.com/2010/08/05/stern-eroshevich-and-kapoor-trial-begins/

©John J. Nazarian
August 5, 2010
Used with the permission of John Nazarian P. I. – writer
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of our featured author, John Nazarian, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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Tags: Anna Nicole Smith, Big Moe, Bonnie Stern, Celebrity Trials, Daniel Smith, Dannielynn, Desperateexes.com, Dr. Kapoor, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ellyn Garofalo Esq., High Profile Trials, Hollyweird Criminal Justice, Hollywood, Hollywood Criminal Justice, Honorable Robert L. Perry, Howard K Stern, J. Chris Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, Los Angeles Superior Court Judge Robert Perry, Maurice "Big Moe" Brighthaupt, Steve Sadow, Steve Sadow Esq., Virgie Arthur

Here is an update of the proceedings from this morning.

8:55 AM Deputy District Attorney Renee Rose entered her power point presentation. There is a large picture of Anna Nicole Smith with scenes of the alleged crimes, lots of pills, around her but her picture is in the middle, I assume it is there to remind the jury that Anna Nicole Smith is or was a real person

Judge Robert Perry told the Jury a couple of things as well as to the Court, that he “was going to move this case alone”. He also told the jury “it was important for them to take notes during the trial but what was more important was to watch the witnesses”. I believe that is because body language says a log about credibility. When he announced the the power point presentation by Renee Rose he said; “We are going to lower the lights almost like being in a night club”.

Deputy District Attorney Renee Rose gave a great opening and manage to make all three defendants look really bad. That is expected. Out of 1 – 10 she is given a 6.

Virgie Arthur and her husband entered the courtroom and took the seats closes to the jury a little after 9:00 AM with two of her family members. Arthur is dressed in a gray pant suit and shoes. She avoided all press as she entered and sat holding her husband’ hand. She was with tow other family members

11.00 AM for an hour Steve Sadow gave his opening statements and rated 9 on the scale of 1-10. He made a couple of points directly t the jury. “I talk for only one person here and that is Howard K. Stern”. Sadow also said a lot of these charges or medical and no a lay person and Howard K. Stern was just that, a lay person doing the best he could. Sadow also told the jury to pay attention to witnesses like Ford Shelley, Ben Thompson closely as they would prove to e real characters.” Sadow also emphasized to the jury to pay attention to motive and timing as it would become critical.

Stern looks calm, relaxed and good. Both doctors, Sandeep Kapoor and Khristine Eroshevich do not look good they look haggard, concerned and without sleep. I am guessing like deers caught in headlights.

Next up after lunch is Dr. Sandeep Kapoor and Dr. Khristine Eroshevich attorneys, Ellyn Garofalo and Bradley Brunon with their opening statements.

The court also noted that the there would be no hearing on August 26 and 27.

Judge Perry is in control and is keeping the courtroom relaxed and upbeat.

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©Rose Turner
August 4, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

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Tags: Anna Nicole Smith, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Esq., Ford Shelley, G Ben Thompson, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, Judge Rober Perry, Virgie Arthur

The Deputy District Attorney Renee Rose will be the first up this morning for her opening statement on behalf of the state of California. She is expected to touch on the facts that the defendants, Howard K. Stern, Dr. Sandeep Kapoor and Drs. Khristine Eroshevich possibly along with uncharged conspirators Anna Nicole Smith and Bonnie Stern fueled Anna Nicole Drug habit. Rose is expected to point out they illegally conspired to provide the actress with drugs.

Deputy District Attorney Renee Rose is expected to outline the state’s case with facts of allegations that the three Stern, Kapoor, and Eroshevich face 23 felony charges, including three counts of conspiracy to dispense and administer controlled substances to a known addict. conspired to use false names to obtain drugs for Smith. Rose is expected to say she will present numerous witnesses testify that Smith was weak and “zombie-like” much of the time in the months after September 11, 2006, when her 20-year-old son, Daniel Smith, died in the Bahamas hospital room where she was recovering from the birth of her daughter, Dannielynn. One of the problems expected to be pointed out is that Stern picked up prescriptions for Smith in his own name that he knew was intended for Smith. There is expectation that Rose will also allege that Stern facilitated fueling drugs into Smith because after the death of Daniel she was easier to handle Smith if those around Smith kept her knocked out. Rose is also expected to make the allegations that Stern used false names to get double doses of dangerous drugs to feed the addiction Anna Nicole Smith.

Those allegations are expected to be countered by Steve Sadow, Stern’s lead defense attorney, by arguing that the use of false names to obtain drugs for Smith was intended to protect the celebrity’s privacy. Sadow had previous stated that “He, [Stern], is being charged doctor-related activities, which doctors have specific knowledge of and he’s just a layperson.”

Dr. Eroshevich’s former lawyer, Adam Bruan told the AP that “One of their theories is that the mere prescribing of medications using a pseudonym is a crime and it’s rebutted by the fact that some of the most respected hospitals in this city use this practice to protect the privacy of some of their celebrity patients.” Dr. Eroshevich’s new attorney, Bradley Brunon, of Phil Spector fame grilled the jurors about their knowledge of prescription drugs, use, family history, the Scientologist church with one of the potential jurors and if the jurors could remain impartial. Brunon is expected to strongly produce evidence that Dr. Eroshevich was first Anna Nicole Smith’s and then after the death of Daniel worked with Stern to wean Smith off of the prescriptions. I look for the good Samaritan defense to be presented also on behalf of Eroshevich.

Ellyn Garofalo Dr. Sandeep Kapoor’s attorney is expected to point out there could be no conspiracy because Kapoor and Eroshevich had never even met before the preliminary hearing last fall. Kapoor’s lawyer has previously stated that prosecutors could make it difficult for California doctors to treat their patients for pain, adding “If this prosecution is successful, you can all plan to call the D.A. office every time you ask your doctor for a prescription for pain, because that’s going to be the standard.”

Judge Robert Perry has agreed in that past that Eroshevich, “deeply cared for Anna Nicole Smith and was well intentioned” with her treatment, “Evidence in the record strongly suggests she, [Smith] was an addict and there was a widespread and ongoing effort to obtain drugs for Smith, whom he characterized as a “strong-willed person” intent on getting drugs. Judge Perry has previously said that the doctors may have been “blinded by the celebrity of their patient.”

Dave Kettel, a former federal prosecutor who handled prescription drug cases, and is now a defense attorney, said the case may be difficult to prove because of the multiple defendants. He said prosecutors could have a hard time showing that the doctors knew they were acting improperly and that one knew what the other was doing. He also said prosecutors may have erred by naming Smith as a coconspirator in the case. “Despite her personal problems, people liked her,” he said. “The last couple years of her life were so sad. I don’t think anyone wants to blame her.”

Another defense lawyer said the case could have a chilling effect on doctors who treat patients for pain, since the doctors could be held criminally liable if their prescriptions are deemed excessive. Sadow argued that Stern should not be charged because he did not know his companion was an addict or that it was illegal to obtain medication with a prescription written out to a false name.

Steven Sadow, the lead lawyer for Howard K. Stern, said the defense team was “very pleased” with the jury of six men and six women who were sworn in Tuesday afternoon.

Lawyers predicted the trial in Los Angeles County Superior Court could last up to three months.

There has also been hints that keeping a low profile that Virgie Arthur will be present daily and sitting on the front row right behind Renee Rose.

NEWEST TEXAS STATE LAWSUIT PAPERS

August 3, 2010 Virgie Arthur’s Response to Art Harris Emergency Motion to Seal.

August 3, 2010 Howard K. Stern’s Reply to Arthur’s Response to Stern’s Motion to clarify the Rule 11 agreement.

August 3, 2010 Art Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit A file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit B file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit C file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 3, 2010 Art Harris Exhibit D file with Harris’ Opposition to Arthur’s Motion for Continuance.

August 4, 2010 TMZ and Harvey Levin Opposition to Arthur’s Motion for Continuance, with exhibits attached.

August 4, 2010 Art Harris Notice of Hearing on Harris Second Motion to Compel Production of Documents from Virgie Arthur

Be sure to participate in our MEMBERS ONLY FORUMS, get the most out of the site by learning your way around in the forums where you can safely discuss things you do not want to see copied and pasted on another site.

©Rose Turner
August 4, 2010
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

The expressions in this blog article are based on the opinions of Rose Turner or our featured authors, please remember we are not lawyers and those opinions expressed here are each of our individual opinions and should not be taken as legal advice and/or legal opinions. The comments following this blog article are the opinions and sole property of the blog site members and do not necessarily reflect those of the site owners.

Please also read our Terms of Use and our Privacy Policy.

Tags: Adam Bruan Esq., Anna Nicole Smith, Art Harris, Assistant D. A. Renee Rose, Bonnie Stern, Bradley Brunon Esq., Celebrity Trials, Charles "Chip" Babcock, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo, Ellyn Garofalo Esq., Harvey Levin, High Profile Trials, Hollywood Criminal Justice, Honorable Larry Weiman, Honorable Robert Perry, Howard K Stern, Judge Robert Perry, Judge Weiman, L. Lin Wood, Lin Wood, Luke Lantta, Lyndal Harrington, Neil McCabe, Phil Spector, Renee Rose, Rose Turner, The O'Quinn Law Firm, TMZ.com, Virgie Arthur