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

Yesterday, closing arguments heated up as the trial nears its end.  Steve Sadow – Stern’s attorney – said “enough is enough” with the prosecution degrading Smith’s life in such a condescending manner.  Sadow reminded the jury of the nightmare Smith was facing as she witnessed the death of her son just days after giving birth to Dannielynn.   He also advocated for Drs. Kapoor and Eroshevich by saying they acted in good faith and Stern was “not qualified to second guess their medical judgment.”

Ellyn Garofolo – Sandeep Kapoor’s attorney – said in her closing that “our laws are designed to stop prosecutors and law enforcement from second guessing medical physicians.”  Garofolo also urged jurors to understand that Smith was suffering – something she says shouldn’t be disputed.  Prosecutor David Barkhurst responded by saying Smith asked for specific medication, such as Dilaudid, which suggested that she may have exaggerated her pain to seek euphoria.  Prosecutors also showed the jury photos of Smith and Kapoor at a gay pride parade and his journal entry about making out with Smith.  The defense continues to argue, however, that Smith was in severe emotional and physical pain.  Check back for the latest!

October 8th, 2010

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L.A.’s Morning News with Penny Griego and Phil Hulett

Please be sure to check out my radio interview from Monday, October 4^th on KFWB (980 AM) in Los Angeles!  As the criminal trial of Howard K. Stern draws to a close,  I discussed the start of closing arguments and the unusual events surrounding Judge Perry’s dismissal of select charges against the trio of defendants.    Hosts Penny Griego and Phil Hulett also asked me whether or not Stern has a better chance of beating these charges because he himself cannot prescribe medication.  One of the charges dropped, however, deals with the question of Stern’s intention to break the law by acquiring drugs under a fictitious name – as a lawyer, something he should have known is illegal.  For more detail, please go to http://www.janicebrenman.com/news/ under radio interviews.

October 8th, 2010

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

Today, defense lawyer  Steve Sadow gave the final closing arguments on the case.  Sadow, who represents Stern, claimed his client would have never been part of “an alleged plot to furnish her with harmful drugs.”  In response to the prosecution’s argument that Smith was an addict, Sadow insisted that Smith was the love of Stern’s life and therefore his instinct was always to help her.  Sadow emphasized that Smith made “her own decisions when it came to her medication” and accused the prosecutors of belittling her chronic and emotional pain.  During his dramatic speech he told the jurors “it’s time, ladies and gentleman to stand up and say it’s not right.”  Stay tuned for latest on the trial!

October 7th, 2010

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

The prosecution wrapped up yesterday with LA Deputy District Attorney Renee Rose urging jurors to convict the trio of defendants.  Rose highlighted the fact that the doctors prescribed 2,360 pills the month before Anna Nicole’s death suggesting this “evidence of a conspiracy to feed her addiction.”  Conversely, the defense continued to argue that the medications prescribed to Smith were justified and legal because of her chronic pain.  The defense also brought up the amount spent by the prosecution on personal and expert testimonies – $40,000 for the nannies and $100,000 on expert testimonies.

Attorney Brad Brunon – representing Dr. Khristine Eroshevich – began his statements late yesterday.  Brunon said Eroshevich was just responding to a friend suffering from the loss of her son and recent c-section.  He also pointed out that a number of “doctors who treated Smith wrote prescriptions in other names, including physicians who treated her at Cedars-Sinai Medical Center seven months before her death.” Yet, these doctors did not receive any criticism or face criminal charges.  Brunon also stated Eroshevich is only charged with “writing one unlawful prescription”, yet she is charged with six counts.  Check back for more on the final statements from the defense!

October 6th, 2010

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

Yesterday’s closing arguments started with Deputy District Attorney David Barkhurst  portraying Smith as a co-conspirator seeking powerful medication to feed her addiction.   Barkhurst stated he had no doubt Smith was upset about her son Daniel’s death but that “didn’t excuse Kapoor’s actions in prescribing methadone for Smith or excuse Eroshevich’s trips to bring her drugs.”  Renee Rose – another Deputy District Attorney – began her closing but was asked by Judge Perry to continue this morning instead because he was worried jurors would “tune out.”

Today, Rose continued claiming Smith was “surrounded by a circle of [facilitators] that included her boyfriend and her doctors, who did not want her to get well.” Rose said that the doctors did not help Smith withdraw from abuse of prescription medication but rather continued to prescribe. She also alleged Stern “took no action to help Smith.” Be sure to check back for the latest!

October 5th, 2010

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