Final Opinion on 2nd Appellate Court of California vs. Dr. Khristine Eroshevich and Howard K. Stern. I have not read it yet so will give my opinion after I read it and after I ask for on record statements.

March 28, 2018 Final Opinion from 2nd Appellate Court on California vs Stern (82)

For reference sake this article we had in October 2012 states most of the same things. That article was titled; Howard K Stern and Dr. Khristine Erosovich has Major loss as California Appeals Court Reverses and Remands back to Judge Robert Perry”. This latest opinion has added two more pages but so far as I read it is just the same as last year.

After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!

Am I the only one who thinks California should just let this go and not keep spending tax payers money of a selected case to prosecute?

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©Rose Turner
March 28, 2013
All Rights Reserved, do not reproduce in whole or in part without the express written consent of the author.

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California Appeals Court today, October 18, 2012, Reveresed Judge Perry’s decision to dismiss charges against Howard K. Stern and ruled that the felony conviction MUST be reinstated on Dr. Khristine Erosovich.

Here is the main description and the download has now been FIXED!

Oct 18 2012 California Appeals Court Reverses Remands with Direction the Trial court Dismissing and/or lowering the Charges on Howard K. Stern and Dr. Khristine Eroshevich

10-18-2012-Appeals Court Reverses Decision and Remands back to Judge Perry (209)

The clear thing that sticks out if the first paragraph:

The People of the State of California appeal after a series of rulings which resulted in the dismissal of charges against two defendants, Dr. Khristine Elaine Eroshevich and Howard Kevin Stern. Mr. Stern?s new trial motion was granted. Two conspiracy counts were then dismissed pursuant to Penal Code1 section 1385, subdivision (a) (section 1385). We will reverse the new trial and dismissal orders.

Next the Court gives some directions to Judge Perry Court of alternative positions to take to still dismiss the charges on Howard K. Stern:

We agree with the prosecution that Mr. Stern?s new trial motion could not be granted nor the charges dismissed on the ground the evidence was insufficient as a matter of law. But, as we will explain, what can occur to Mr. Stern once the remittitur issues is limited by the double jeopardy provisions of our Constitutions.

Here, we conclude the trial court incorrectly granted Mr. Stern?s new trial motion; the evidence was not insufficient as a matter of law. As will become clear, the former jeopardy effect of the erroneous order granting Mr. Stern?s new trial motion is the same as an acquittal. Similarly, we conclude the trial court dismissed the charges against both defendants based on an erroneous finding the evidence was insufficient as a matter of law. Thus, we reverse the orders granting Mr. Stern?s new trial motion and dismissing the case pursuant to section 1385 as to both defendants. Once the remittitur issues, the trial court may take up the remaining new trial motion issues, dismiss on other grounds pursuant to section 1385, or even impose sentence. But, there is one thing the trial court may not do and that is to order Mr. Stern to be retried.

Some background on the proceedings are given by the Court of Appeals:

Dr. Kapoor was acquitted of all charges. As to count 3, the jury found defendants conspired between June 5, 2004, and September 10, 2006. As to count 1, the jurors found defendants conspired between September 11, 2006, and February 8, 2007. The jury found defendants conspired to commit two crimes. The first target offense was to obtain controlled substances by fraud, deceit or misrepresentation or concealment of a material fact. (Health & Saf. Code, § 11173, subd. (a)2.) The second target offense was to unlawfully give false names or addresses in prescriptions for controlled substances in violation of Health and Safety Code section 11174.3

Dr. Eroshevich was also convicted of two other charges. She was convicted in count 7 of obtaining controlled substances by fraud or misrepresentation in violation of Health and Safety Code section 11173, subdivision (a). Further, she was convicted as charged in count 9 of giving a false name or address in a controlled substance prescription in violation of Health and Safety Code section 11174.

Next we have a summary of the Trial Court’s Ruling of Judge Robert L. Perry:

Howard K. Stern

Preliminarily, the trial court found Ms. Marshall suffered from chronic pain syndrome; further, her “drug-seeking behavior” was primarily due to inadequate control of pain rather than addiction. The trial court was further persuaded the overriding purpose in procuring controlled substances in names other than Ms. Marshall?s true name was to protect her privacy. With respect to prescribing medications in a false name, the trial court concluded the law was vague as to what constitutes a false name. The trial court found no basis for charging a conspiracy ending on September 10 and a new one beginning the very next day on September 11, 2006. More significantly, the trial court found, “[T]here is [no] evidence in the record at all that Howard Stern lacked a good faith belief that the practice of obtaining prescription medicines for [Ms. Marshall] in names other than [her true name] could be against the law.” The trial court found Mr. Stern acted to protect Ms. Marshall?s privacy, as had most of the doctors and hospitals that had dealt with her. The trial court concluded: “When I consider all the evidence, and even viewing it in a light most favorable to upholding the verdict, I find it is clearly insufficient. Under these circumstances, I find no reasonable trier of fact could find that Howard Stern had a specific intent to violate either of these target crimes . . . and I do grant a motion for new trial to Mr. Stern on these [conspiracy] counts . . . .” Immediately after granting Mr. Stern?s new trial motion, the trial court stated: “[B]ut I?m going further. [¶] I find the evidence at trial was so lacking and insufficient to show a specific intent to join a conspiracy on the part of Howard Stern to commit these target crimes, that I do believe the interest of justice supports the dismissal of these counts as to Mr. Stern, and I so order. And this, of course, is under Penal Code section 1385 . . . .”

The minute order prepared for Mr. Stern sets forth the trial court?s reasons for dismissing counts 1 and 3 as required by section 1385: “On the court?s motion, counts 1 and 3 are dismissed due to insufficiency of the evidence. [¶] The court further clarifies that it is dismissing counts 1 and 3 in their entirety, which includes all hung target offenses, due to insufficiency of the evidence as a matter of law pursuant to Penal Code section 1385.”

Dr. Khristine Eroshevich

Having dismissed the conspiracy counts as to Mr. Stern, the trial court turned to Dr. Eroshevich?s motion. The trial court concluded: “I don?t think there was an agreement between the two of them to violate the law, and . . . I don?t think the conspiracy counts can stand [as to Dr. Eroshevich], and so I dismiss those as well . . . .” The clerk?s minutes for Dr. Eroshevich contain no statement of reasons for the dismissal. The minutes state concerning Dr. Eroshevich: “The cause is argued and the court grants defense motion to dismiss counts 1 and 3 pursuant to . . . section 1385 due to insufficiency of the evidence.” No other language pertinent to the dismissal of counts 1 and 3 as to Dr. Eroshevich is contained in the clerk?s minutes. We will later discuss the effect of the absence of any language in the trial court?s oral order or the clerk?s minutes concerning: the substantial evidence standard of review; having viewed the evidence in a light most favorable to the verdicts; and that no reasonable trier of fact could find guilt beyond a reasonable doubt. (People v. Hatch, supra, 22 Cal.4th at p. 273; People v. Salgado, supra, 88 Cal.App.4th at p. 10.)

However, the trial court denied Dr. Eroshevich?s motion for a new trial or to dismiss as to counts 7 and 9: “I choose not to disturb the jury?s verdict regarding [Dr.] Eroshevich on counts 7 and 9. There is no doubt in the court?s mind that based on the evidence [Dr.] Eroshevich acted out of a heart-felt desire to help her friend. Obtaining a prescription in the name of another person, Charlene Underwood, without [Ms.] Underwood?s knowledge or consent was clearly wrong and constituted a violation of the law. As a doctor[,] [Dr.] Eroshevich well knew she should not have done this and it is clear to the court that she acted with the required intent to defraud.” However, the trial court “vacated” the count 9 conviction on grounds it was not appropriate to punish Dr. Eroshevich twice for the same act. The trial court then reduced count 7 to a misdemeanor. The prosecution has not appealed the trial court?s orders with respect to counts 7 or 9.

However, DON’T get to excited here, the Appeals Court gave Judge Perry several options to dismiss the charges or other options but not that of a NEW TRIAL. This is becoming the cases that never ends!

After I read through this I will be back with more to say! So stay tuned to Rose Speaks.com tonight as we unravel what this opinion actually means and share what you think it means after you read it!!!!!

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©Rose Turner
October 18, 2012
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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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When I look at this picture of Anna Nicole Smith, her son, Daniel Wayne Smith and her lover lawyer Howard K. Stern entering the U. S. Supreme Court five years ago, February 2006, little did anyone know what would happen during the next five years.

Anna Nicole Smith was pregnant with her daughter Dannielynn and the world looked bright, especially in June 2006 when the U. S. Supreme Court ruled unanimously that Smith had a right to have her appeal sent back to the lower court to decide if she was entitled to any of her deceased husband’s, J. Howard Marshall’s Estate valued over one billion dollars.

Now five years later, once again Howard K. Stern returns to the Supreme Court to hear arguments on Tuesday, January 18, 2011 to address whether Smith’s Estate is entitled to part of the Estate of a deceased husband’s estates which has now been tangled up in court for 15 years. Howard K. Stern returns alone, unless Dannielynn’s father decides to attend with Stern, to see if Smith’s lone heir gets money.

In the last five years, Pierce Marshall has died, Daniel Wayne Smith has died, Anna Nicole Smith has died and John M. O’Quinn died in an accident. Howard K. Stern faced potential career ending charges and a trial to funneling drugs to a “known addict”. Stern was cleared of that on January 6, 2011 by Los Angeles Judge Robert Perry of all charges and his life was given back intact for him to continue to practice law.

On January 10, 2011 Stern filed the Reply to Elaine Marshall’s, Pierce Marshall’s widow, Response dated December 13, 2010, to the Estate of Smith’s Writ of Certiorari filed November 12 2010 with the Supreme Court once again ruling they will hear oral arguments this coming Tuesday and again decide this mega million dollar estate. Any decision by the U. S. Supreme Court will be issued no later than the last Monday of June 2011.

You have to feel a tad sad for Stern to be returning five years later, minus so many important people in his life including the love of his life Smith and her son Daniel.

The attorneys for the Estate of Anna Nicole Smith consists of; Philip W. Boesch Jr. Esq., The Boesch Law Group, Bruce S. Ross, Vivian L. Thoreen, Holland & Knight LLP, Kent L. Richland, Alan Diamond, Edward L. Xanders, Greines, Martin, Stein & Richaland LLP

The attorneys for Elaine Marshall consists of; Roy T. Englert Jr., of Robbins, Russell, Englert, Orseck, Untreiner and Sauber LLP as well as G. Erin Brunstad Jr., Collin O’Connor Undell, and Matthew J. Delude of Deschert LLP

There has been seven Ameicus Briefs filed by interested groups including the U. S. government, some in favor of Smith’s Estate and some in favor of Marshall.

Here is a list of the other papers filed so you can become acquainted with them to discuss prior to the hearing this Tuesday. The U. S. Supreme Court has three cases it is hearing oral arguments on with this one listed as the last of the three to be heard that day.

November 15, 2010 Ameicus Brief by Legal Professors in Support of Howard K. Stern. The legal professors and lawyers listed are Richard AAron, Laura Bartell, Jagdeep S. Bhandari, Susan Block-Lieb, Robert D’Agostino, Jackie Gardina, Ingrid Hillinger, George W. Kuney, Lois Lupica, C. Scott Pryor, Keith Sharfman, Michael D. Sousa, and Robert M. Ziman.

November 19, 2010 Amercus Brief by. the Bankruptcy Trustees in Support of Howard K. Stern.

November 2010 Ameicus Brief by the United States of America in Support of Howard K. Stern..

December 20, 2010 Ameicus Brief by the National Black Chamber of Commerce in Support of Elaine Marshall.

December 20, 2010 Ameicus Brief by by Washington Legal Foundation in Support of Elaine Marshall.

December 2010 Ameicus Brief by the Center Rule of Law in Support of Elaine Marshall.

December 2010 Ameicus Brief by Legal Professors in Support of Elaine Marshall. The law professors are; S. Todd Brown, G. Marcus Cole, Ronald D. Rotunda, and Todd J. Zywicki

The Three Points the U. S. Supreme Court has decided to hear oral arguments and issue an Opinion on three questions asked to be addressed by Smith’s Estate:

1. Whether the Ninth Circuit opinion, which renders §157(b)(2)(C) surplusage in
light of §157(b)(2)(B), contravenes Congress’ intent in enacting §157(b)(2)(C).

2. Whether Congress may, under Articles I and III, constitutionally authorize core
jurisdiction over debtors’ compulsory counterclaims to proofs of claim.

3. Whether the Ninth Circuit misapplied Marathon and Katchen and contravened this Court’s post-Marathon precedent, creating a circuit split in the process, by holding that Congress cannot constitutionally authorize non-Article III bankruptcy judges to enter final judgment on all compulsory counterclaims to proofs of claim.

I wonder if the Marshall money, like the Hope Diamond is going to be surrounded of the mystic of tragedy attached to it, what do you think?

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©Rose Turner
January 15, 2011
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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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Tags: Alan Diamond, Ameicus Briefs, Amicus Curiae, Amicus Curiae Brief, Anna Nicole Smith, Anna Nicole Smith and Howard K. Stern, Anna Nicole Smith was pregnant, Bankruptcy Trustees, Beverly Hills, Bruce S. Ross, C. Scott Pryor, Celebrity Trials, Center Rule of Law, compulsory counterclaims, core bankruptcy function, core jurisdiction, Daniel Smith, Daniel Wayne Smith, Dannielynn, de novo review, deceased husband, E. Pierce Marshall, Edward L. Xanders, Edwin Hunter Esq. crime-fraud exception, Elaine Marshall, Englert, Famed Berverly Hills P. I. John J. Nazarian, funneling drugs to a “known addict”, G. Marcus Cole, George W. Kuney, Greines Martin Stein & Richaland LLP, High Profile Trials, Holland & Knight LLP, Hollywood, Howard K Stern, Ingrid Hillinger, J. Howard Marshall, J. Howard Marshall’s Estate, Jackie Gardina, Jagdeep S. Bhandari, John J. Nazarian, John J. Nazarian P. I., John O'Quinn, Judge Robert Perry, Keith Sharfman, Kent L. Richland, last Monday of June 2011, Laura Bartell, Legal Professors support Marshall, Legal Professors support Stern, Lois Lupica, Los Angeles, Los Angeles Judge Robert Perry, mega million dollar estate, Michael D. Sousa, National Black Chamber of Commerce, Ninth Circuit Federal Court of Appeal, Ninth Circuit opinion, non-Article III bankruptcy judges, of Robbins, Orseck, Philip W. Boesch Jr. Esq., Pierce Marshall, Richard AAron, Robbins Russell Englert Orseck Untreiner and Sauber LLP, Robert D'Agostino, Robert M. Ziman, Ronald D. Rotunda, Roy T. Englert Jr., Russell, S. Todd Brown, Susan Block-Lieb, The Boesch Law Group, The Center Rule of Law, The Hope Diamond, The Hope Diamond Curse, The Marshall Money Curse, Todd J. Zywicki, U. S. Supreme Court, United States of America, Untreiner and Sauber LLP, Virgie Arthur, Vivian L. Thoreen, Washington Legal Foundation, Writ of Certiorari

As I have read through the 39 page transcript of the criminal hearing from January 6, 2011, I notice several things I will comment on and ask you what are your thoughts to Judge Perry in this hearing? I will then close this chapter of the saga with some personal thoughts.

On the hearing on January 6, 2011 the appearances in front of Judge Robert L. Perry were:

THE STATE OF California. Renee Rose, Sean Carney, & David Barkhurst Deputy District Attorneys for Los Angeles County..

Bradley Brunon attorney at law and his client defendant Dr. Khristine Eroshevich

Steven Sadow & Christopher Smith with their client defendant Howard K. Stern.

Judge Robert Perry first outlined the charges brought by the prosecution, summarized those charges as follows: “The District Attorney brought an extremely complex criminal prosecution in this matter involving three conspiracy counts and eight substantive counts against three Defendants which allege criminal acts over a period of approximately three years. The theory of the case was that the defendants wrongfully obtained excessive quantities of prescription drugs for Anna Nicole Smith, who was alleged to be addicted to said drugs. The charges involved allegations of furnishing statutes and violations of obtaining prescriptions by fraud or in false names. The three defendants collectively faced a potential of 23 guilty verdicts. The jury returned six guilty verdicts, four against Eroshevich, two against Howard stern. Dr. Kapoor, the lead defendant, was acquitted on all counts.

In the next part Judge Robert Perry gives us a rundown of the charges the Jury either found not guilty or found Howard K. Stern and Dr. Eroshevich on with first a statement that in the Court’s opinion “It is the court’s view that the verdict was a stunning repudiation of the prosecution’s case.”

Mr. Stern was acquitted on all eight substantive counts. Stern and Eroshevich were convicted of two conspiracies, count 1, a conspiracy alleged to have commenced on September 11th of 2006, that continued until Ms. Smith’s death on — in February of 2007. Count 3, which was alleged to have commenced on June 5th of 2004, which continued until September 10th of 2006, the day before the count conspiracy was alleged to have commenced. Regarding the conspiracies, the jury found that Stern and Eroshevich CONSPIRED to commit two target crimes: One, to obtain a controlled substance by fraud in VIOLATION of Health and Safety Code section 11173(a), and a second target crime to unlawfully give a false name in a prescription for a controlled substance in violation of Health and Safety Code section 11174. Eroshevich was also convicted of two substantive Counts, Counts 7 and 9. Count 7 pertained to the charge of obtaining a controlled substance by fraud in violation of 11173(a) of the Health and Safety Code. Count 9 charged a violation of giving a false name in a prescription for a controlled substance in violation of 15 11174. Both counts involved a single prescription for Hydrocodone, otherwise known as vicodin, written on November 24th, 2006, by Eroshevich in the name Charlene Underwood.

Judge Perry then gives us the breakdown on the charges the jury deadlocked on and what the vote was by the jury:

“The jury also hung in a split of 6 to 6 for Eroshevich on counts 5 and involving the same event, the prescription for Charlene Underwood. Count 5 charged a violation of unlawfully prescribing a controlled substance, in violation of Health and Safety Code section 11153(a). Count 11 charged a crime of unlawfully prescribing a controlled substance to an addict in VIOLATION of 11156. In addition, the jury deadlocked on certain target crimes alleged in the conspiracies in Counts 1 and 3. The jury hung 5 to 7, 5 would be in favor of guilt, in favor of acquittal, for the target crime of unlawfully prescribing, administering, or dispensing a controlled substance to an addict. As to Count 1, that would be a violation of Health and Safety Code Section 11156, the jury hung 10 to 2 in favor of conviction for the target crimes on Count 1 of unlawfully prescribing a controlled substance in violation of Health and Safety Code section 11153, and excessively prescribing or administering drugs in violation of business and profession code section 725(a). As to the Count 3 conspiracy, the jury found not true that the Defendants conspired to prescribe drugs to an addict in violation of Health and Safety Code section 11156. They — the jury found, or held rather – rather hung 7 to 5 for the unlawful prescribing of a controlled substance, 11153(a), and unlawfully prescribing a controlled substance to a person not under a physician’s treatment for a pathology other than addiction to a controlled substance, a violation of Health and Safety Code Section 11154(A) and (B). The jury also found — or hung 5 to 7 in favor of acquittal for the target crime on Count 3 of excessively prescribing or administering drugs in violation of business and profession code section 24 725(a).“

“The court must view the evidence in a light most favorable to the prosecution. I have concerns about the conspiracy counts, in particular as to Mr. Stern and whether there is specific intent in the evidence to show that he had a specific intent to violate the two target crimes of which he stands convicted in both counts.” At this part of the hearing Judge Perry asked Steve Sadow to address those issues and what the evidence presented at trial.

I like the part that Sadow thanked the AP reporter and quoting from an article that appeared on January 6, 2011 saying: “I have to give due credit to the esteemed and honorable reporter Ms. Deutch for her article today. I don’t know if the Court saw it. But she found a quote that your Honor — a statement your Honor had made — and thank you, Linda. And that’s Howard K. Stern. What the evidence in this case showed is that he and Dr. Eroshevich had an agreement that prescriptions for Anna Nicole would be written in Howard’s name, and that’s all the evidence shows. There is no evidence that Howard knew of any other name, not Ben Stern, not Charlene Underwood, not any other name. He didn’t pick them up, he didn’t have anything to do with obtaining them. There was never a witness who connected any of those names to him or brought to South — to the Keys. That’s what we have.”

Steve Sadow went on to say; “We all had either the fortune or misfortune to sit through two and a half months of facts. The Court instructed the jury, and did so because all of the parties agreed, that if a defendant had a good faith belief that his or her actions were legal, he or she is not guilty of conspiracy. And I really think that’s the crux of where we are because if you look at the evidence in any light, the evidence does not show that Howard K. Stern specifically intended to break the law insofar as these two target offenses, and that he, in fact, had a good faith belief that his actions were legal.”

One of the strongest arguments I think Sadow brought to the Court’s attention is that Howard K. Stern was honest about using his name to Danny Santiago stating: “And based on the evidence here, there is not a single indication that Mr. Stern believed it was illegal to do so and didn’t have a good faith belief that it was okay. They’ve been doing it for Anna since 2000 in Michelle Chase, in Jane brown. They went on and continued to do it in the Bahamas the same way. Howard knew it was going to Anna. Dr. Eroshevich knew it was going to Anna. There was never any question about that. When agent Santiago goes to see Mr. Stern on October the 12th, in a non-custodial setting, Mr. Stern says, Absolutely, it was in my name. It was written for privacy. There wasn’t any question about it. Now, that’s not evidence of a guilty intent. That’s evidence of someone who believes that what he did was legal.”

Judge Perry brought up the question about that pesky black bag stating; “Well, the argument was made that because Mr. Stern had a bag of prescription medication that ended up in the hotel room, that that was some indication of knowledge.” To which Mr. Sadow countered with; “All his name. All Howard K. Stern’s name. Not one other name was in that bag, and that was the beginning of the trial. So we — you know, we have always acknowledged, always admitted, Howard has always done so, he knew they were being written in his name. The question is, did he specifically intend to break the law? Did he know it was illegal to do so? And I’m suggesting that the evidence is insufficient as a matter of law to have convicted on that.”

Judge Perry then turned to Dr. Eroshevich’s attorney Bradley Brunon and asked: “If the evidence fails to support Stern’s involvement in a conspiracy, is it your view that the conspiracy charge against Dr. Eroshevich would fall?” To which Brunon responded in part that; “Yes, your Honor. There would have to be mutuality of intent in the conspiracy and it takes at least two people. And if one of them isn’t criminally culpable, then the other one, I would say, couldn’t be just as a matter of law.”

At this point Mr. Brunon brought up “the elephant in the room” throughout the trial saying: “There’s the additional problem that the Court very clearly, very forcefully and very early in the trial said, we’re not going to litigate Ms. Smith’s Death. And yet, it became kind of a subtle thing, a light motif. We started off very early on with the toxicologist talking about the drugs found in her body at autopsy, obviously a postmortem event. That was followed by Birkhead and others concerning about the ultimate outcome to her health in taking these medications. So it became kind of the elephant in the room.” He further brought up the millions of dollars at stake stating: “[T]hat Mr. stern was trying to drug her into a tractable state where he could make way with Marshal millions, that turned out not to be the case.”

The fact of being a celebrity was addressed by Brunon in stating; “the Journal carried a rather extensive article about the medical data leaks from institutions and doctors that go beyond celebrities to expose thousands, and I think I can cite this simply for the fact that it’s common knowledge — we talked about it during the course of the trial — that celebrities seem to be fair game to anyone that thinks they can make some money off of exposing some secret in their life.” Following this was this exchange with Judge Perry and Brunon:

“THE COURT: I remember the issue involving Farrah Fawcett and her admission at UCLA. and how people were all over themselves trying to find out what she was there for and getting copies of her records.

Mr. BRUNON: And the woman was in terminal condition, and yet someone profited by it.”

It appears that Bunon hints that a medical malpractice suit would have been more appropriate then a criminal trial when he said; “I alluded in my pleadings to the issue that kind of malpractice crept into this, Dr. Eroshevich didn’t practice psychiatry correctly; therefore, she’s guilty of writing bad prescriptions. It had some relevance, but not the relevancy that it was given. I mean, Dr. Botello physically shuddered when he had to consider the photo of Dr. Eroshevich and Ms. Smith in the bathtub … It really wasn’t an issue in the case. In the case — the forgery case”

After the Deputy District Attorney Sean Carney responded the Court said in part: “I did a little review of the schedule of prescriptions. And I looked at it with the idea of finding what the evidence was as to prescriptions that Howard Stern had allegedly picked up that were prescribed by Eroshevich. And I found in my review, and I think that’s what the evidence supports, that stern picked up prescriptions that Eroshevich had issued for Vickie Marshal. There were a number, maybe eight or nine. I can give you the dates if it’s necessary. That he picked up one prescription for Ambien for Anna smith, and then he picked up on four occasions prescriptions in the name Howard Stern.” Then Judge Perry went on to comment on what good pleadings Carney had written saying: “I thought you were correct in your pleading — of course, I think you do excellent pleading work — in that you thought it was a slightly higher standard for the court on its own motion to dismiss.”

Of course the retrying of the hung charges and that either side could appeal came up.

Judge Perry issued his verbal ruling in a thoughtful and precise way that I believe will hold up under any appeal with a multi-page decision. At the end to this detail explanation Judge Perry stated; “Let me make clear that I am dismissing on my own motion in furtherance of justice counts 1 and 2 (corrected to 3) in this case as to all target crimes finding the evidence insufficient. I think that that needed to be said. All right.”

The only thing left was if the D. A. was going to retry Khristine Eroshevich on the counts that there was a hung jury with the D. A. is to let Judge Perry know in writing and that they had sixty days to file a notice and appeal on Judge Perry’s decision.

I am sure one of you has the charging document, [juries written decisions on all charges], or if not perhaps we can find one. I remember reading it right after the trial in October 2010.

I have been reading and talking to some of you about feeling sorry for Howard K. Stern losing four years of his life here. True, but that said, Stern made a conscious decision to enter into the chaos that appears Anna Nicole Smith’s life which entangled all who came to care for her.

I could whine about the three plus years of my life gone and the fact that 90% of the internet including members of Rose Speaks.com turned against me for not being willing to go to jail. I chose not to because simply there was nothing to hide, and unlike other co-defendants I did not have a robbery or had my hard drive in a bank box. They did not lie about what happened to them, but I did have my emails and hard drives. I simply knew that the truth would prevail that many had great lawyers in this and that I just had to batten down the hatches for however long this storm lasted. I chose to enter the chaos of having a blog that covered “All Things Anna Nicole Smith” so I did throw myself into the peripheral chaos by not closing this site and/or not stopping coverage of this horrible ongoing saga.

Who does my heart ache for and will for a very long time? First two moderators of Rose Speaks.com who did nothing and yet ended up in jail on ridiculous contempt charges. Recordings came out during the discovery that had one “witness” taped by a lawyer in two phone calls about putting Lyndal Harrington in jail, anything to get to me for this person’s own personal vendetta. She was willing to take down Bonnie Stern, Lyndal Harrington and Teresa Stephens if the lawyers promised that I would be brought down. What kind of sick person does that? As I told the lawyer I could only listen to one of the two tape phone calls but that my phone records as well as the time line would prove I never was the “brains” behind robberies, hiding of hard drives and filing a bankruptcy even suggesting that I had that kind of power over others is ludicrous. My prayer is that Karma is a bitch and you know who you are. Hint, it happened in the spring of 2009. So it was NOT QV or Havana or any of the people you might think it was. The complete ability to hate so much that you are willing to sacrifice three people you knew were innocent, to get to someone you just wanted to destroy is unconscionadle. Someone you never met and did nothing to you but try to be a support system during what you said, and now I believe was no more than a made up crises. I don’t think I even want to get in the head of someone like that to see the darkness there.

Besides those two moderators my heart bleeds for Howard K. Stern’s parents, Leon and Bea Stern. They sent their son, the baby of the family, to obtain a top notch education and secured his earning ability only to have him end up with one client. They had nothing to say about the chaos surrounding Anna Nicole Smith flooding into their lives and upon her death to cause what must have been a living hell for them for the next four years. These were just parents, who loved their son and stood by him. Any of us as parents would do the same thing. They had no control over what their lives became and due to their age, I am sure the price emotionally and physically is one none of us can even begin to imagine.

So my tears will be for the two moderators that went to jail and for Howard’s parents, those four people did not deserve to find themselves in the midst of this as none of us should have been entangled. This should have been a simple three hour hearing and court decision where Anna Nicole Smith wanted and intended to be buried not four years of hell.

I will not be saying anything else about anything connected to Anna Nicole Smith except for the Supreme Court hearing and the South Carolina trial; and of course if California is willing to throw more money with what seems to me to be idiocy any Appeal in criminal court they file. I will be updating the download page with all of the paperwork pending before the Supreme Court in the next few days for reference reading for all of you.

Be sure to participate in our COMMUNITY , get the most out of the site by learning your way around in the community where you can discuss things about the cases in a debate area of the site.

©Rose Turner
January 11, 2011
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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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“You can ride high atop your pony
I know you won’t fall…
’cause the whole thing’s phoney”

This is a verse from the song “Bella Donna” from Stevie Nicks that comes to mind after the sentencing of Howard K Stern and Khristine Eroshevich Just stating my opinion, folks!

Judge Robert Perry, I am sorry, but this has been such a waste of time. You could have spared us all of this trial if you stated this earlier.

As I reported on some of the trials’ witnesses’ testimonies from past court dates, Judge Perry seemed to be holding a pretty good court with reprimands and valid points to be discussed and interrogated. But to throw all credibility, I feel, out the window is a shame. For Judge Perry to state that;”[Howard K.] Stern never intended to defraud when he used his name and others to protect Anna Nicole Smith’s privacy when he obtained prescriptions for her” is completely ludicrous and that Dr Khris was “acting out of concern” for Anna is also total garbage.

Not to bring up OJ Simpson’s Trial, but a lot of people feel that OJ got away with murder, and many have said another “crooked” legal system; If you got the bucks, or the connections, you can get off “scott free”! For Judge Perry to “overturn the conspiracy charges, saying that there was no evidence to support them” is outrageous to me. I sat in the courtroom and heard some of the testimonies myself!

In my opinion, something fishy has gone on, and someone’s hands smell like fish! I guess the next thing that will happen is that Anna will reappear, and she was never dead! I am still waiting to see if there will ever be a photo of Anna from her morgue days, ala Marilyn Monroe. I am sorry, and I don’t mean to disrespect Anna, it is just a point. This silly roller coaster of a trial leaves me felling used and abused, what a waste of time. I am not wanting a public lynching of these two people, but I feel this was less than a slap on the wrist for something that they, as professionals in their fields, should have known.

For the judge to say that Howard never intended to defraud by using his name for the prescriptions…come on! Howard knew damn well he was “enabling” and covering for Anna, being the “kiss ass” buddy for her. He knows that was wrong, he is a lawyer, remember, he knows the law.

I have backed up Howard in the past saying he did not kill her, but I mean please, don’t insult our intelligence about him not knowing the name game.

Yes, I have said it before “Anything for a Celebrity”, and now I feel the Judge has done the same.

I am sure if Judge Judy was the Judge on this case, there would have been a sentencing, no BS. Judy wouldn’t have put up with Howard”s or Dr Khris’ shenanigans.

Well, now that that is all over, and such a waste of our money, and my time, I guess Howard will do the interview circuit, and be the celebrity he wants to be. I mean, Howard likes to play the “Anna” game he used to play when he was shoved up her a**, “Keep everyone away and be mean to people so he can get what he wants while creating chaos, but his life never really changes and goes on”.

I do feel that Dr. Khris being spared jail time is good, I mean, she may have done something wrong, but she DID get a slight slap on the wrist, or on the butt, depends on how Judge Perry meant it! LOL! And I hate to say at her age, jail wouldn’t be such a nice “venture” for her to be in.

I guess now Larry Birkhead and Howard will become friends, again, or have their own commitment ceremony (joking of course), and he will have Howard and Dannielynn do a photo shoot or interview all together and make amends! Oy!

I am wondering what Virgie Arthur is saying about the sentencing, I am sure she is “fit to be tied”!

All I know is that somewhere right now, or some place, there may be someone who enabled someone with prescription drugs and the person may have overdosed etc by the enabling, and I feel that the laws need to be more astringent about this. I am sure if Joe Average in the mid west did the same that these two people were accused of, the Judge would have thrown the book at them.

May Anna rest in peace, but I am sure she is not resting after this sentencing. Now you know why Anna was “friends” with Howard, see what he did for himself! LOL! That’s what she liked about him. He was like the magic man, he could make things appear or disappear for her, get my drift? But then again people, this is Hollyweird! Que sera!

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©Daniel DiCriscio
January 8, 2011
Daniel is a feature writer for Rose Speaks.com.
Used with permission of Daniel DiCriscio Visit Daniel’s My Space Page to see more videos and learn more about Daniel.
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Howard K. Stern’s lawyers, Steven H. Sadow and J. Christopher Smith, filed a seven-page court filing asking that that the two felony conspiracy charges, of which Howard K. Stern was convicted of on October 28, 2010, be dismissed stating that; “There is no substantial evidence to support guilt.’

Sadow and Smith contend that; “The district attorney selectively targeted Howard K. Stern for prosecution,” although “using so-called ‘false names’ on medications intended for well-(known) celebrities is common practice in Los Angeles to protect privacy, and prescribing doctors, much less third parties, have never been criminally prosecuted under the false name statutes.”

For what appears to be a safety net the defense team filed a separate Motion with Judge Robert Perry which asks the judge to grant a new trial for Stern or to reduce the charges to misdemeanors.

Stern — who had been Smith’s boyfriend, confidant and attorney — was acquitted of seven other charges, including unlawfully prescribing a controlled substance.

Dr. Khristine Eroshevich, a psychiatrist who had lived next door to Smith in Studio City, was convicted of two conspiracy charges and one count each of unlawfully prescribing a controlled substance and unlawfully obtaining a prescription by giving a false name.

Stern was never charged with Smith’s Feb. 8, 2007, accidental drug overdose death in Florida at age 39.

Stern and Eroshevich are due back before Judge Robert J. Perry for sentencing on Jan 6, 2011.

Sandi Gibbons of the District Attorney’s Office say Stern and Eroshevich could face anywhere from probation to about three years in prison.

November 30, 2010 Howard K. Stern’s Invite/Request to Dismiss Felony Convictions

November 30, 2010 Howard K. Stern’s Motion to change felony convictions to Misdemeanors or in the alternative for a New Trial.

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©Rose Turner
November 30, 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. If comments to this or any other articles are not related to the article or does not meet the terms of use for Rose Speaks, they will be removed by the moderators.

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Numerous people have asked if I had a comment or thought on “the verdicts.” That afternoon I was on my way to New York for an assignment with one of my sons. I had the driver put the limo’s radio on the local news and heard the verdicts. Funny, the day before Dr. Bubbles was reported to be in a state of tears and Howard was comforting her…I was not sure if that was a “hug” or a “head lock,” either would have been appropriate…one more than the other, LOL

(…I was fired by Dr. Bubbles…NEVER was I fired by anyone involved in this case! Anyone who can show me proof in writing that I was ever “fired,” I will pay them $5,000… …and as I warned, “Let sleeping dogs sleep.” Or I promise, there will be tears enough to fill a very big pool! Also let me just say this to try and understand my position, reality never hit home with some of these people, and when I feel like I am being lied to or bullshitted I am gone. Be right with me and I will stand at the gates of hell with you, do the other, I will be having a cold drink sitting by a nice cool stream.)

Sure, like many I am surprised that Dr. Fabulous aka Kapoor walked away totally free…his “acts” of… …he does come across as likable… …He also had a great lawyer…

…Dr. Bubbles Eroshevich I believe never made any money in this adventure that she pursued with much gusto and energy to be in the “in crowd.” I have been told that she was paid for interviews during the “fun times” right after Anna Nicole Smith’s death. However, I have never heard of her actually making any money. If true she is the only one who did not make hundreds of thousands of dollars, THE only one. My other thought is that she came across as arrogant and not likable during the trial, smiling or those silly gigles at inappropriate times…simple, she does not come across as likable. I told Dr. Eroshevich of my concerns and that I felt that her license was in serious jeopardy. For reasons that will remain quiet, Dr. Eroshevich had choices…

…The evidence was not always 100% but keep in mind, in every lie there is a little truth. And something did happen, got it? good, get it!

For Howard, again, one of the smartest guys I have ever met, he thinks and rethinks and thinks some more. Is he a control freak? As much as he is brilliant and people with that characteristic can create havoc in their lives. Why? …With the money Anna had, a real nurse could have been hired, a real body guard could have been hired, but… …there was a great deal of truth in what was said about those dam spoons…”oh no Mr. Bill, tell me it ain’t so”….remember the “tell all,” I do.

…this jury took a great deal of time to come to the conclusions that they did. The district attorney is very much aware that they won, they got a conviction and to think that a judge is going to make it all go away? Wake up, it was Judge Perry who was told to “believe in the jury,” well he did and… ..The timing is bad, it is an election year and these defendants are in the middle of it. Steve Sadow I thought had the jury and they were getting it, I was wrong again …I still believe that Steve is a great lawyer and as I said before, this is Los Angeles and L.A. juries, well they are L.A. juries!

To read the complete article visit Desperate Exes.com, well worth the read and to give it all some thought.

http://desperateexes.com/2010/10/31/the-verdicts-are-in-trick-or-treat/.

©John J. Nazarian
October 31, 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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