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

Following his comments yesterday regarding the possibility the prosecution may not meet the burden of proof, today Judge Perry questioned the application of current California law used to prosecute Eroshevich, Kapoor and Stern.  Although Perry decided the trial will move forward, he said that “he did not realize until researching the law on Tuesday night that the California Legislature changed the definition of an addict after most of the incidents the three are accused of allegedly happened.”  Perry indicated the guidelines on prescribing drugs for pain relief have changed since 2006 as well as understanding of the critical role prescription medication can play in treatment.  According to the defense, Smith’s drug use occurred because of chronic pain and emotional effects from her son, Daniel’s death.

Reports indicate the trial will last at least another two weeks.  More to come tomorrow!

September 1st, 2010

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

Late yesterday, a specialist in addiction and pain medicine - Dr. James Gagne - testified that Kapoor was “acting outside the standard practice” by prescribing a large amount of opiates and sedatives to Smith.   Gagne said Kapoor should have known from records that Smith had an addiction and should have weaned her off the medication instead of refilling prescriptions.  Although Smith had fractured ribs and a dislocated shoulder in two separate incidents, Gagne thought that Kapoor “continued prescribing opiates for too long to ease her pain.”

According to Gagne’s testimony, Smith was not only taking more than the prescribed amount but also acted like a “space cadet”, which should have indicated an excessive amount of medication.  Gagne drew attention to the fact that Kapoor prescribed 460 tablets of Methadone for Smith on August 17, 2006, yet only eight days later Smith claimed to be experiencing withdrawals and asked for more.

Yesterday questions also arose as to whether or not Smith’s nannies will testify. Prosecutors have not been able to locate a Creole translator but told the judge they expect the nannies to testify on September 7^th.

Today, the judge expressed doubt regarding the prosecution’s ability to provide evidence on the two key conspiracy charges against Stern, Eroshevich, and Kapoor.  Judge Perry “also has concerns about the propriety of at least eight overt acts listed to support the 11-count case against” the trio.

More to come tomorrow!

August 31st, 2010

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

Last week’s proceedings concluded with testimony from a member of the South Carolina family that Smith stayed with during the final months of her life, Ford Shelley Jr.  He claimed he had no recollection of prescription drug bottles with Stern’s name on them.

As the prosecution wraps up, questions remain as to when Smith’s nannies may testify. The two Haitian women, Nadine Alexie and Quethlie Alexie, are expected to be key witnesses against Stern.  Some roadblocks, however, stand in the way.  These women seemingly have encountered difficulties traveling to the United States and one apparently only speaks Creole which would require a translator.  A statement made by Ms. Alexie reveals that “Stern and Eroshevich persuaded Smith to take drugs that sometimes left her asleep for three days at a time.”

Buzz surrounding the case is gaining traction outside the courtroom as Larry Birkhead makes his media rounds.  This morning he was interviewed on Good Morning America where he claims that he was fearful for Dannielynn’s health - due to Smith’s obvious drug problems during the pregnancy.  He also protested “Howard is being held in my opinion to the same standards as the doctors, almost as if he prescribed these medications. I don’t think it is quite fair.”

Stay tuned to find out more!

August 30th, 2010

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Defendant Conrad Murray: Manslaughter Trial Delayed

Dr. Conrad Murray’s day in court has been delayed again.  On Monday, the physician for the late Michael Jackson, who pled not guilty to involuntary manslaughter, was given a preliminary hearing date of January 4th .  The hearing, expected to last 2 to 3 weeks, will involve the evidence produced by both prosecution and defense to determine grounds for a full trial.

Murray’s defense team requested permission to retest three samples obtained from syringes and an intravenous drip…  Meanwhile, Joe Jackson, in attendance on Monday along with his estranged wife Katherine, has refiled his wrongful death suit against Murray.  Lady Justice will be on the scene with the latest developments as they occur.

August 26th, 2010

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

Late yesterday, G. Thompson testified that Smith’s speech slurred after taking pills, saying “she would become all groggy and like in la-la land.”  He also witnessed Smith suffer seizures at his home but assumed they were under control.  Thompson recalled Stern asking him to watch over Smith’s medication to protect her.

Smith claimed the house Thompson bought in 2006 was a present for her,  yet Thompson denies this claim and remains in a litigation battle over the property with Stern.  Thompson revealed that when Dannielynn was born, Smith asked him to put his name down as the father.  “I contemplated it but it was not the right thing to do,” he said. “I knew I was not the father. I had had a vasectomy.”

Today, Thompson’s daughter-in-law Melanie also briefly took the stand.  Check back tomorrow for the latest on Melanie’s testimony!

August 25th, 2010

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