Friday, May 29, 2009

Stern, Two Doctors Plead Not Guilty in Smith Case

Stern, Two Doctors Plead Not Guilty in Smith Case

Written by: Karen Benardello


Howard K. Stern and two doctors pleaded not guilty in a short hearing on Wednesday, May 13, to charges they conspired to provide thousands of prescription pills to Anna Nicole Smith before her death two years ago.

The former model and actress’ lawyer-turned-boyfriend, along with Drs. Khristine Eroshevich and Sandeep Kapoor, appeared in Superior Court to set the stage for a preliminary hearing.

The three defendants stood with their lawyers before Court Commissioner Kristi Lousteau, who had ordered that documents in the case be sealed. The three agreed to delay the matter until June 8 for setting of the preliminary hearing date. Steve Sadow, Stern’s lawyer, said he wanted the preliminary hearing to begin as soon as possible.

Stern and the two doctors declined to comment outside court, but Sadow was outspoken, exclaiming: “He did not commit a crime, period!” Sadow also said he had filed a demurrer, a legal document claiming that the law under which Stern is charged does not apply to him. “The statute deals with medical practitioners,” he said. “He is not a doctor.”

Kapoor’s lawyer, Ellyn Garafalo, also spoke, saying he continues to practice medicine and his patients have been supportive. “We have no doubt Dr. Kapoor will be exonerated,” she also said.

Prosecutors are alleging that Stern was the principal enabler in a conspiracy to provide Smith thousands of prescription pills. But the three each face six counts, including conspiracy, and up to five years, eight months in prison if convicted.

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