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 (84)

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.

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.

Tags: Adam Braun Esq., Anna Nicole Smith, Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Daniel Smith, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., J. Christopher "Chris" Smith Esq., J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, L. Lin Wood, Lin Wood, Los Angeles, Los Angeles District Attorney, misdemeanor with probation, Neil McCabe, Nicole White, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Rene Rose Esq., Renee Rose, Ron Rale Esq., Rose Speaks Face Book, Rose Speaks Twitter, Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

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.

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

Tags: Adam Braun Esq., Anna Nicole Smith, Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Daniel Smith, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., J. Christopher "Chris" Smith Esq., J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, L. Lin Wood, Lin Wood, Los Angeles, Los Angeles District Attorney, misdemeanor with probation, Neil McCabe, Nicole White, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Rene Rose Esq., Renee Rose, Ron Rale Esq., Rose Speaks Face Book, Rose Speaks Twitter, Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

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.

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

Tags: Adam Braun Esq., Anna Nicole Show, Anna Nicole Smith, Anna Nicole Smith's Will, Anna Nicole Smith's Will and Estate, AP interview, Bahamas, bestseller., Beverly Hills, Brad Brunon, Brad Brunon Esq., Bradley Brunon, Bradley Brunon Esq., Britney Spears, Bruce Ross Esq., California Medical Board, Cedars Sinai, Celebrity Trials, Dale Tate, Dannielynn, David Barkhurst, Defense attorney Chris Smith, Deputy District Attorney David Barkhurst, Deputy District Attorney David Walgren, Deputy District Attorney Rene Rose, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Conrad Murray, Dr. Khris, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, E Online!, Edward M. Chernoff Esq., Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Estate of Anna Nicole smith, flamboyant fruit cake, Harland Braun criminal lawyer, Harland Braun Esq., High Profile Trials, Hollyweird, Hollyweird Criminal Justice, Hollyweird Justice, Hollywood, Hollywood Criminal Justice, Howard K Stern, investigative agencies, J. Chris Smith Esq., J. Christopher Smith Esq., J. Christopher “Chris” Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Perry, Judge Perry California Superior Court, Judge Robert L. Perry, Judge Robert Perry, Judge Robert Perry OJ Simpson, Linda Deutsch, Los Angeles District Attorney, Mariah Carey, Michael Jackson, misdemeanor with probation, Neil McCabe, Nicole White, O. J. Simpson, OJ Simpson’s Trial, Prosecutor Rene Rose, pseudonym is a felony, pseudonym names, Radar Online, Rene Rose Esq., Renee Rose, Ron Rale Esq., Sean Carney, State Bar of California, Steve Cooley, Steve Cooley Esq., Steve Sadow Esq., Superior Court Judge Robert J. Perry, Superior Court Judge Robert Perry, the Sadow Factor, the “real” Anna Nicole Smith, UCLA Medical Center, Virgie Arthur

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
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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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 I decided to give the Criminal Courts Building a shot yesterday afternoon after spending the previous night and much of my day in Catalina….

…I misunderstood a friend who told me that Steve Sadow was warming up just prior to lunch and that if I hurried I could catch some of the “Sadow factor.” Best laid plans of mice and men…upon my arrival I was told by one of my eyes and ears that he had started first in the morning, and that I had missed some incredible lawyering…”it was some of the best.“ Sadow was dressed in a very nice black suit and white shirt, the usual court wear. And he was into his “step by miserable step” of trying to dismantle the “people’s” case. The people’s case was presented in Power Point and I was told it was very powerful and made all their points and was nothing short of impressive. Steve Sadow had Chris Smith as his Audio Visual guy, and would say, “Chris put this one up.” Hey Hey Hey, I am just reporting what I saw. I thought Chris did a good job…

…Sadow would mention Larry Birkhead several times, there was the methadone taken from a bag, in the closet at a hospital and how Birkhead had testified seeing Howard give Anna her methadone. However, unlike the initial testimony when everyone was telling the truth in the Bahamas, this was almost warm and fuzzy…Sadow now told the jury that Birkhead could not remember for sure…it was a warm moment. I almost cried, but I am pretty dry after this week… Sadow went on to say that Anna Nicole Smith had lost her faith in Cedars and wanted to get out of there and fast. She would leave Cedars and she would go directly back to Dr. Fabulous, aka Kapoor, he too was doing all things right! I almost felt that at the break the lawyers and defendants would hum a few verses of “we shall overcome.” …

…It almost looked like family day, Kapoor’s mother and father were sitting in the front row, and Mrs. Stern and her other son were sitting close by also. These are good people who did a hell of a job raising their kids, one’s a doctor and the other a lawyer. Eroshevich was smiling and picking lint off her lawyer (the light in the tunnel !!!)

One of the highlights of Mr. Sadow’s reviewing the facts was, “Anna was leaving Los Angeles to get rid of Larry Birkhead,” his words not mine. We did at Desperate Exes.com speak about the “Bahamian Master Plan.” Mr. Sadow also stated that Anna had gone to South Carolina for three weeks…

…It would appear that Steve Sadow was less protective of Dr. Bubbles, aka Dr. Ersohevich, and spoke of her putting the prescriptions in Howard’s name and he not knowing what Anna’s buddy was doing. Again this is my thought on what I heard, if I am mistaking I apologize. And that Howard K. Stern had a good faith belief that what the doctors did was legal and appropriate….

…The jury seemed very attentive and many were taking notes…this is good, three or four people told me that the “PowerPoint” was very very impressive, so keep talking and enunciating Mr. Sadow. In the course of the afternoon, other very insignificant people were mentioned, you know little people, potential headaches sorta people. Are you ready for this? There was mention of some silly candy for a better sexual experience! Better than a few hundred dollar bills? Hell, I will stick with…

….or did it have to be ‘cooked’, prior to being injected…..

To read John J. Nazarian’s full take on the second to last day of the closing and rebuttal be sure and visit Desperate Exes.com.

http://desperateexes.com/2010/10/09/it-all-comes-down-to-sadow-v-powerpoint/.

©John J. Nazarian
October 9, 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.

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

Tags: Anna Nicole Smith, Assistant Deputy Attorney Renee Rose, Bahamas, Brad Brunson Esq., Bradley Brunson Esq., Catalina, Cedars Sinai Medical Center, Celebrity Trials, Chris Smith Esq., Daniel Smith, Dannielynn, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Ford Shelley, G Ben Thompson, High Profile Trials, Hollywood Criminal Justice, Horizons in the Bahamas, Howard K Stern, insignificant people, J. Christopher Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, L. A. Criminal Court Judge Robert Perry, L. A. Criminal Courts Building, Methadone, potential headaches, Power Point, prescriptions ‘cooked’, Renee Rose, Steve Sadow Esq., Virgie Arthur

Today begins the final arguments in the Anna Nicole Smith drug trial in California of Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor. However did Steve Sadow make a giant strategy error?

It appeared that Judge Robert Perry was on the same page and agreeing with the defense team of which Steve Sadow has become the de facto lead attorney although he only represents Stern.

We have read for weeks where Judge Perry was upset with Deputy District attorney Renee Rose and the rest of her team, many times stating he felt that the D. A.’s office was way over reaching in this whole trial and he was not sure if the D. A. office of Los Angeles had even reached the minimum bar of standard to pursue this case.

We have also read where it appears that each of the prosecution witnesses for the most part was turned into defense whiteness or in the case of the nannies that the bankrupt California paid what appears too many of us to be a mini fortune for “witnesses”.

With all of that going on anti Stern folks began to holler foul or this judge was “again bought off”, boy Stern must have a lot of hidden money to keep paying off judges in two different countries.

Based on the tone of the judge and the rulings he has made the defense suddenly announced at the end of the prosecution case they would not present a defense and would rest and go on to Motions to Dismiss and then final arguments. That caught everyone by surprise but made sense out of what we had been reading. Judge Perry appeared as I said to be on the same page as Sadow.

However last week after hearing multiple Motions to Dismiss and by his own ability to revamp the charging document, Judge Perry dismissed a large amount of the charges and strictly told the Renee Rose to simplify the charges because otherwise it would look like confusing the jury or even abusing the jury. Judge Perry went on to say this is only one of the 3 worse cases he had ever heard in his hundreds of criminal trials during his career.

Here is the sticky point did Steve Sadow at that time make a mistake that could cost his client and the two doctors dearly? When Judge Perry said this should all be misdemeanors Sadow agreed, but then Sadow went one step forward further and pointed out to the Court that once the felonies were stricken by the court then the misdemeanors had to be dropped because they had not been pursue due to the statute of limitations. At which time the AP said Judge Perry answered, “I had not thought of that”.

Thus at the end of last week, Judge Perry left at least one felony charge against Stern and multiple felony charges against Kapoor and Eroshevich. Was Sadow as an officer of the court obligated to tell the judge about the statute of limitation or did he make an error in strategy? From his last minute argument that to go forward even if the judge overruled the jury verdict it would still cost his client his law license and both doctors their medical records. Judge Perry seemed to be unmoved by this argument and returned to what most criminal presiding judges said that he felt that cases should be decided by a jury. That to me was not unexpected, how would you like to be a juror that gave up over two months of your life, to have the judge say “never mind”.

So today as the final arguments go forward many of us are amazed that happened and wonder what the jury will decide, unless Stern buys them off also, (said with tongue in cheek cause I don’t think he has the money to pay anyone off, nor would any of his lawyers ever be a part of that).

The final arguments are going to be tense, but remember Judge Perry is the one that gives the jury the final instructions and plenty of judges in the past has used that point to express such narrow scopes and tone of voice that a jury will “get it”, or have they already?

SStay tune here at Rose Speaks.com for updates throughout today.

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.

Visit our Download Section for all documents on the cases we are following:

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©Rose Turner
October 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. 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: Anna Nicole Smith, Assistant Deputy Attorney Renee Rose, Brad Brunon Esq., Bradley Brunon Esq., Celebrity Trials, Chris Smith Esq., Criminal Judge Perry California, Daniel Smith, Dannielynn, Deputy District Attonrey Renee Rose, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., Ford Shelley, G Ben Thompson, High Profile Trials, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., Judge Robert Perry, Los Angeles Superior Court Judge Robert Perry, Renee Rose, Steve Sadow Esq., Virgie Arthur

$24,386 in travel expenses to bring the two loons from the Bahamas? This has to be one of the funnier aspects of this case, how these two people with little education got one of the biggest District Attorney’s offices in the United States to spring for that kind of money???

“Two years for investigators to ‘UNRAVEL THE PUZZLE’ of the case”… Oh, I have to be careful here, did that include any time in the sun? And how much did that investigation cost the State of California and the District Attorney of Los Angeles? …ever build a house of cards?

Early on I was very curious if these special agents and investigators had any idea who these people were, the witnesses and the history they carried to the circus that was developing in the Bahamas. ….Or that silly SOB who said that I had “climbed his fence”…such garbage the flies would not eat it, nasty trash.

Whatever happens it won’t make a hill of beans to most of us, and I can see this following the tidy bowl man right on down the crapper where it belongs. …Pretty incredible stuff, sure all the bloggers have their opinions about many of these people involved and how “wonderful” they are, and how “good” they are, and the interesting part is hard for some to understand that many of these people involved in this case would not empty their bladders if these “fans” were on fire. And if for one minute you question the “financial” aspects of this case and look closely you would be sorely disappointed. Judge Perry has his hand on the flusher and I think that he is going to send this case cascading into the sewer below the Criminal Courts Building here in Los Angeles.

“We believe there were felonies“…what happened to them? Did they fall through the cracks with the rest of this case? …hmmmm and that dam “spoon cooking stuff,” (special wink to my “friend”). Funny stuff as with the “cross dresser” and…

To read the complete article visit Desperate Exes.com and get John J. Nazarian’s take on all of this.

http://desperateexes.com/2010/09/28/i-hear-a-flushing-sound/.

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.

Visit our Download Section for all documents on the cases we are following:

We will be listening to all of our readers about new case. Do you have a tip for us on a case for us to follow? If so Contact Us, a link appears at the top of all pages; ALL TIPS ARE OF COURSE CONFIDENTIAL

©John J. Nazarian
September 29, 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.

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

Tags: Anna Nicole Smith, Bradley Brunon Esq., Celebrity Trials, Daniel Smith, Dannielynn, Deputy District Attorney Renee Rose, Desperateexes.com, Dr. Khristine Eroshevich, Dr. Sandeep Kapoor, Ellyn Garofalo Esq., Ellyn Gerafalo Esq., High Profile Trials, Hollywood Criminal Justice, Howard K Stern, J. Chris Smith Esq., John J. Nazarian, John J. Nazarian P. I., Judge Robert Perry, Renee Rose, Renee Rose L.A.D.A office, Steve Sadow Esq., Superior Court Judge Robert Perry