Archive for September, 2010

Is Anna Nicole the new Marilyn? And Lindsay the new Anna Nicole?

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Please be sure to check out my recent article on Opposing Views regarding the criminal culpability of drug facilitators!  After failing yet another drug test, Lindsay Lohan appeared in court this morning for violating the terms of her probation.  The Judge revoked her probation and she was escorted out in handcuffs.  Lohan will remain behind bars, without bail, until her formal probation hearing October 22, 2010.   Celebrity access to pharmaceuticals is out of control and these circumstances have many asking, who is facilitating these deadly habits?  Regrettably, Lohan’s case is just one of many who have gone down this deadly path.  The ongoing trial of co-defendants Howard K. Stern and Drs. Eroshevich and Kapoor may set precedent for how the justice system penalizes criminal drug facilitators.

September 24th, 2010

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Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Thirty Four

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A shocking twist, the defense called no witnesses to the stand today – much to the surprise of prosecutors.  According to Dr. Sandeep Kapoor’s defense attorney, Ellyn Garofalo, “we don’t believe the people have presented sufficient evidence to prove their case.“  Apparently, this surprised prosecutor Renee Rose enough to ask Judge Perry for time off next week to prepare her closing arguments.  In response, Perry said he would consider allowing Rose one day off.  The prosecution, however, is expected to present one last expert witness tomorrow before testimony ends.  The question still remains – which witnesses will prove credible?  Today, outside the jury’s presence, Judge Perry revealed that “the lawyers had destroyed the credibility of some witnesses” during their vigorous cross-examination.  Be sure to stay tuned to find out who will testify tomorrow!

September 23rd, 2010

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Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Thirty Three

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Pain management expert, Dr. Perry G. Fine, returned to the stand once again today to testify that Smith’s medical records “showed no indication of actual harm“ to the patient.  He claimed that Smith had a high tolerance to drugs but was not a diagnosed addict.  According to the prosecution, the Playboy model had prescriptions for up to 1,500 pills in a single month.  Under questioning by David Barkhurst – Deputy District Attorney - Fine was asked if the large amount of drugs in Smith’s possession suggest addiction.  Fine responded saying that although she had a lot of drugs, “it was antiquated thinking to equate the number of pills with addiction.” He stated that although social and environmental factors can prompt addictive behaviors, Smith was purely seeking pain relief.  According to Fine, Smith was able to function from day to day but needed the medication to recover from fractured ribs and chronic pain.  Stay tuned for more!

September 22nd, 2010

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Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Thirty Two

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Continuing yesterday’s discussion on Dr. Perry G. Fine’s testimony, the defense has pushed for Judge Perry to dismiss all charges against the trio of defendants. The ambiguous definition of addiction raises questions as to whether or not Smith was truly a diagnosed addict. According to the nationally renowned Mayo Clinic, to be diagnosed with addiction one must “meet [the] criteria spelled out in the Diagnostic and Statistical Manual of Mental Disorders (DSM).” Essentially, the addict must develop a tolerance, physical withdrawal symptoms, need to consume larger and larger amounts and/or meet other criteria at any given time over a 12 month period.

Defense attorneys have repeatedly argued that Smith struggled with chronic pain and continually had complaints which required medical treatment. These assertions suggest they are posturing to counter a particular portion of the statute used to charge their clients; specifically “prescribing drugs excessively to a known addict.” Smith’s medical condition has Judge Perry considering a “motion by the defense next week to dismiss all charges.” According to the Associated Press, Judge Perry told the jury, “there has been testimony in this trial that there is a difference between addiction, dependence and tolerance.” As of now, the Judge has not specified which charges – if any – will be dismissed but be sure to stay tuned for more!

September 21st, 2010

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Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Thirty One

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Today, Dr. Perry Gordon Fine, a pain management expert, returned to the stand to testify that Smith was never diagnosed as a drug addict.  Fine stated he analyzed records from several of Smith’s doctors, including Kapoor, and there was “nothing that said a diagnosis of drug addiction was ever made in her case.“  According to the Associated Press, Judge Perry is preparing a “written analysis of charges against the three and indicated some charges will not go to the jury.”  Check back tomorrow for more updates!

September 20th, 2010

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