Judge Throws Out Anna Nicole Smith Boyfriend's Conviction

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By Minara El-Rahman on January 11, 2011 8:50 AM

Judge Robert J. Perry dismissed two criminal charges against Anna Nicole Smith's boyfriend Howard K. Stern saying that there was "insufficient evidence," Reuters reports. This is even though a jury convicted Howard K. Stern in Oct, 2010. Judge Perry also dismissed 3 of 4 charges against Anna Nicole Smith's former psychiatrist Dr. Khristine Eroshevich; she was also convicted on her charges.

The case involved both Howard K. Stern's and Dr. Eroshevich's involvement in the former Playboy Playmate's drug overdose in Feb. 2007. The pair were found guilty of 2 out of 9 felony counts for giving false names and acting by fraud in order to get prescriptions for Anna Nicole Smith, according to US Weekly. Prosecutors tried to depict doctors who were overprescribing medication to a known drug addict and a boyfriend who did everything he could to make sure she was given her drugs.

However, Judge Perry disagreed. He wrote: "I certainly believe she was not an addict under the law," according to the Los Angeles Times. Judge Perry also believed that Dr. Eroshevich had a "heartfelt desire to help" Anna Nicole Smith and that Howard K. Stern was just trying to protect her privacy. Judge Perry came to this conclusion because Howard K. Stern obtained drugs under his name, but did so in order to protect the star's privacy.

Judge Perry did insist that he is aware that there are abuses of prescription medications by doctors, but that he did not think that the doctors in this case were involved in such abuses. "There is no doubt that there are doctors who are nothing more than pill pushers and should be prosecuted and imprisoned. This case did not involve such doctors," quoted Judge Perry's ruling as saying.

Los Angeles prosecutor Steve Cooley said that he would appeal against the dismissal of the convictions.

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