| Archive for September, 2010 |
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| Posted by Janice | Permalink | 2 Comments | Add a comment |
Yesterday, Judge Perry strongly advised prosecutors to simplify their charges against the three defendants. Perry warned that the case may be too complex for the jurors to understand and asked the prosecutors if they were “trying to impress the jury with so many charges.” The judge is giving the prosecution more time to “clean up” their allegations and has delayed closing arguments until Monday.
Perry also threw out 18 of the 39 overt acts supporting one of the conspiracy charges because he claimed they “included too many dates and involved actions that did not support a conspiracy.” Perry instructed the prosecution to eliminate more of the total 81 overt acts.
To make this complicated mess even worse, the defense “pointed out that some of the 11 counts may be misdemeanors, which are covered by a statute of limitations,” meaning they would have to be thrown out if they don’t meet time requirements.
Perry also rejected an “an 11th hour move by prosecutors to add Smith as an uncharged coconspirator in the alleged plan to provide her with excessive drugs.” Instead, he stated that evidence from the trial showed Smith was a “willing drug taker.”
UPDATE: Late yesterday, Judge Perry announced after consulting with a fellow judge, he has decided to have faith in the jury system. Despite dismissing two felony charges against Stern for obtaining drugs by fraud and deceit due to lack of evidence of the defendant’s intent, Stern will still face 9 felony charges. All of the 11 felony counts will go to the jury, but the defendants will face different charges.
As a result, Drs. Kapoor and Eroshevich each face 6 charges and Stern faces 9 which will go to the jury. Among other things, Eroshevich and Kapoor are charged with “conspiring to commit crimes which include unlawfully prescribing, administering and dispensing controlled substances to Smith.” Stern’s charges all involve counts related to providing Smith with powerful and potentially deadly drugs.
September 29th, 2010
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| Posted by Janice | Permalink | 2 Comments | Add a comment |
Howard K. Stern’s heavily publicized trial for criminal drug facilitation – followed daily on this blog – is not the only legal matter weighing on his mind. Earlier this summer Stern filed an appeal to the Supreme Court asking for review of the Ninth Circuit Court of Appeals’ March decision which ruled that Smith’s late husband, J. Howard Marshall II, provided for the model during their brief, 14 month marriage but did not include her in his estate plans. This morning, the Supremes granted a writ of certiorari and will hear arguments on the appeal. Check back soon for more details!
September 28th, 2010
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| Posted by Janice | Permalink | 4 Comments | Add a comment |
The prosecution and defense rested – the case is now up to Judge Perry and the jury! The 7 week long trial has consisted of “a long parade of witnesses” from the prosecution and just one defense witness. According to the Associated Press, Judge Perry has plans to rule on dismissal motions before the closing arguments, which are set for Thursday. Stay tuned for the final outcome on the trial!
September 27th, 2010
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| Posted by Janice | Permalink | 3 Comments | Add a comment |
While no defense witnesses were present at the trial today, 90 photos were introduced documenting Smith’s last few months. The photographer, Howard K. Stern, attempted to prove Smith’s sober state by showing “the blonde beauty beginning with the birth of her baby.” With the exception of photos from Daniel Smith’s funeral, the majority of the photos emphasized Smith’s happiness.
According to the Associated Press, although the prosecution was set to rest today, they will now wrap up on Monday. Check back for more updates!
UPDATE: In regards to Mrs. Marple’s comments, the prosecution did try to counter the defense by introducing “two less flattering pictures” of Smith as evidence. However – as pointed out by readers – the prosecution may not have gone far enough to portray Smith’s addiction. As previously discussed, there are many unusual circumstances surrounding this case and Judge Perry has “harshly criticized the prosecution for overreaching.” According to the Associated Press, Judge Perry has scheduled arguments on dismissal motions for today. Although it seems some charges will stand, Judge Perry “wants arguments to be limited on two issues: whether Smith was an addict and whether prescriptions were obtained under false names.” Be sure to check back!
September 24th, 2010
Posted in Uncategorized
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