A judge Thursday set aside the conviction of Anna Nicole Smith's lawyer and boyfriend, Howard K. Stern, saying there was no evidence he intended to break the law by using false names to obtain drug prescriptions for the actress.
The judge has also set aside several felony convictions against a doctor who was charged for her role in the death of Anna Nicole Smith.
Judge Robert Perry dismissed all but one conviction against Dr. Khristine Eroshevich. He reduced the remaining conviction to a misdemeanor, fined her $100 and ordered her to serve a short time on probation.
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He and the doctors used false names to protect her personal business from the tabloids, not to try and "get drugs illegally", that she did not need. Famous/infamous people do it all the time. Read the trial facts again.
It was apparent to everyone who saw her on tv that she was zoned out. Both the doctors and Stern were complicit in her death....perhaps the death of her son, too.
Maybe thats a problem in it'self. NO-ONE should be allowed to use a false name. You chose your career and this is part of the price you pay for the fame & riches. Deal with it or leave the business.
CAT – you read the article again. Buying prescriptions under a false name is a felony. A crime is a crime. The judge didn't say that there was insufficient evidence. The judge said the intent in committing the felony of buying prescriptions illegally was not to cause the victim harm. The judge failed to uphold the law preventing buying prescriptions under a false name so as to prevent overdose deaths such as the one the boyfriend is charged in.
CAT,
Here is a NEWSFLASH for you,The DEA does audits of pharmacies Controller Substance Prescriptions on a regulater basis around the country every year.Knowingly filling a Contolled Substance Presciption for someone under a false name is a Felony and everyone goes to jail.
The fake names were used to skirt the DEA program that looks for doctor shopping. These folks got buckets of scheduled drugs and then she died in her own vomit.
What the hell is would coming to the book needs to be thrown at them
There is no justice for poor in this country or the rich.
True. Only justice for the highest bidder in this "system", an auction house. It's a disgrace. That is my opinion.
Even after they were found guilty, The prosecution was only asking for probation anyway. Makes you wonder what the point of it was to begin with.
This is a travesty. Shame on you, judge Robert Perry.
Wow... Big news CNN...
Rich, white lawyer gets off.
Shocking... LOLOL!!!
LOLOL
Well. This shows the cronyism is alive and well. Corruption lives and breathes among attornies. And, both doctors and attorneys have a lot of money to throw around to buy there way out of trouble. But, I think the judges decision to set aside the verdicts and a matter of law is weak. I would guess that appeals to this decision are forthcoming. I would also think that opening an investigation into judicial misconduct could be merited here. The wheels of execution of the law and the will of the people may be slow here, but I do not think this is over yet.
When you allow your court system to conduct its affair like an auction house... you get people placing winning bids for freedom. Are you surprised? Don't like this dishonest "system"? Stop voting wealthy lawyers into elected offices. Then, change the way it operates through honest legislation. Until then, stop whining... this is what you voted for. That is my opinion.
how do you know who he voted for ???????
When you allow your court system to conduct its affair like an auction house... you get people placing winning bids for freedom. Are you surprised? Don't like this dishonest "system"? Stop voting wealthy lawyers into elected offices. Then, change the way it operates through honest legislation. Until then, stop whining... this is what you voted for. That is my opinion.
Must you finish every comment with "that is my opinion"? One would assume that a comment posted by you would be your opinion and no one else's. You are completely obnoxious!
Kinda silly, but if the charge was written that Stern "intentionally or knowingly" committed the crime, than the judge could overturn it, if he could reasonably conclude that it was not Stern's intention to break the law. Because there is a precedent for doctors writing prescriptions for celebrities under assumed names (see Michael Jackson), Stern could argue that he was simply picking up medications on ANS's behalf (as many pharmacies will allow people to do), which were legally written "to the best of his knowledge". He was just the delivery man and had no intention of harm, thus he shouldn't be criminally responsible for her death.
We all know ANS was tweaked out of her mind on a regular basis and that Howard K. Stern enabled her drug habit. Unfortunately with all of the legal loopholes that exist in our judicial system, it doesn't matter what you know; it only matters what you can prove.
Most often, "the system" isn;t interested in what you can prove either... just "how much you got?" Certain types have turned OUR court system into an auction house... and we all know who they are. We're now under seige. This should be a call to action. That is my opinion.
What is this??? LOL
"saying there was no evidence he intended to break the law by using false names to obtain drug prescriptions for the actress."
Isn't the fact that he used false names intentional??? Why would he use false names if it was not intentional?
I'm confused...LOL
he is a lawyer for god sake he knew it was against the law. He just got off scott free.
LOL straight up
Unless the article is poorly written and the judge said that there was insufficient evidence that he used false names to get prescriptions, Someone please kill that judge.
Are you soliciting murder of a judge? huh? You vote lawyers out of office... not kill them. Killing them makes you as bad as they are. Don't be a coward... just be brave and VOTE them out. Then, change the system from auction house to honest and honorable court system. That includes OUSTING William Holder who REFUSES to enforce the laws of our once great nation. This is a fact. That is my opinion.
didnt the judge mean he saw no evidence produced proving the name falsifing was commited?
Does no one see the entire picture?? Let's break it down....Nicole has a baby....Stern claims to be the father....Nicole's son Danny goes to see his mother and new little sister, then while Stern was in the room 'accidentally' overdosed. Two or three months later, Nicole does the same thing...'accidentally' overdoses just after Stern had left the room while she was extremely ill. It's called 'murder' for money......if Larry had not stepped forward and said, "This is MY child", Stern would have gotten EVERYTHING that WASN'T his. And like O.J.......he walks away a free man with a mother and son dead at his hands. Not a doubt in my mind!!!!
Faith you hit the nail on the head !!!!!!
Thank you! I'm so glad I wasn't the only one that saw this! Isn't it clearly obvious to everyone? He was in the Bahamas because the laws there make him her husband...he thought he was going to get it all. I do think, though, that she was killed because she discovered that Stern had killed her son. I think he was planning on riding it out a bit longer but had to get rid of her because she was talking. If you look at interviews right before her death, she was looking at him like she hated him.
I didn't INTEND to rob a bank but I needed money and it happened to be there. (hypothetcal)
No intent, no crime commited?
Justice? ....
Travesty
Man o Man!!! If I ever have to go to court for something...PLEASE give me Judge Robert Perry presiding over my case!!!!
This incompetent needs to be disbarred!
The Judge is correct ... He didn't intend to break the law ... he intended to hide from it.