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
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