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

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The much anticipated testimony from Quethlie Alexie, an aide to Smith during her time in the Bahamas, revealed more detailed information about Stern and Eroshevich’s involvement with the late Playboy model.  She testified that she found bloody syringes as well as other items, such as a spoon with liquid that would suggest drug injections, in Smith’s bathroom.  According to Alexie, Smith was unable to walk or talk clearly and appeared in an altered state after Stern and Eroshevich took her in the bathroom.  Alexie testified that “before the three went into the bathroom, “(Stern) would say, ‘Baby, come and we’ll take our medicine.‘”  Prosecutors claimed this makes it apparent Smith was being injected with multiple types of prescription drugs.

Along with Smith’s altered state after receiving medication, Alexie described Smith as “weak and suffering from bouts of diarrhea and vomiting during that period” of grief over the death of her son.   Alexie said that Smith would not sleep until Eroshevich arrived, and upon arrival Smith was able to sleep all day.

According to the Associated Press, defense attorneys were upset that prosecutors not only called the Bahamian nannies to testify but also asked seven members of their family to come to Los Angeles. Be sure to check back for updates on Nadine Alexie, another one of Smith’s nannies, who is expected to testify later this evening!

September 7th, 2010

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

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Today, Ford Shelley, a member of the South Carolina family who was involved with Smith, testified that he “never saw Smith abuse drugs, never saw Stern force medication on her and believes Stern shouldn’t be on trial.”  Last week, outside of the jury’s presence, he told Judge Perry that he had no recollection of prescription drugs with Stern’s name on them.   However, according to the Associated Press, Shelley has previously been critical of Stern’s actions in facilitating medication to Smith as well as blasting Stern for his behavior ”on the day the infamous Anna Nicole “clown” video was taken.   His testimony also suggested his opinion of Eroshevich as “a good woman who was trying to help Smith.”  Be sure to check back next week for more updates!

September 3rd, 2010

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

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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

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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 7th.

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

Posted by Janice | Permalink | 10 Comments | Add a comment

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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