Drug Conspiracy Convictions Overturned For Anna Nicole Smith’s Husband – Health & Safety Code Section 11173(A)(1), Health & Safety Code 11156
On January 6, 2011, a Los Angeles Superior Court dismissed the drug conspiracy charge convictions against Anna Nicole Smith’s husband Howard K. Stern and Dr. Khristine Eroshevich. Dr. Eroshevich’s other conviction for obtaining a prescription with a false name was reduced to a misdemeanor probation and a $100 fine.
Superior Court judge Robert Perry stated that the evidence did not show that Stern and Eroshevich had the intent to defraud when he obtained prescription pain medication for Smith. Rather, the evidence indicated Stern wished to protect Smith’s privacy.
A conspiracy to commit a crime exists if there is an agreement to commit the crime, an intent the crime be committed, and some overt act to complete the crime. Because a conspiracy requires two people, once Stern did not have the requisite intent to agree to commit a crime, Eroshevich’s conspiracy conviction was dismissed as well.
A third defendant, Dr. Sandeep Kapoor, was found not guilty of all charges during trial.
The Los Angeles District Attorney’s Office has stated that it plans to appeal the dismissals.
News sources stated that the judge commented that the prosecutors seemed to have focused on the Anna Nicole Smith defendants because of the celebrity surrounding her and her death by prescription drug overdose. The trial lasted nine weeks.
Under California Health & Safety Code section 11173(a)(1), obtaining opiates by fraud or a false statement is a felony punishable by up to three years in state prison.
Under California Health & Safety Code section 11156, prescribing or giving opiates to an opiate addict is a felony punishable by up to three years in state prison.
Under California Business & Professions Code 724(a) and (b), a professional authorized to prescribe opiates but who repeatedly overprescribes them is guilty of a misdemeanor punishable by a $100 to $600 fine, and a 60 to 180 day jail sentence.
If you have been accused of obtaining false prescriptions, do not speak to law enforcement without an attorney to try and explain your side of the story. Remember the Miranda warnings, especially the warning that anything you say can and will be used against you. Once you have been locked into a story or a confession, your words will be extremely damaging to your case if you wish to contest the charges later. Contact a Los Angeles County drug crime lawyer and discuss your case with him or her first, so you can truly explore your options.
If you have been accused of a drug crime, you will need an experienced Los Angeles County criminal defense lawyer to help you with your case. At Wallin & Klarich, we have helped people accused of drug crimes for over 40 years. Call us today at (888) 280-6839. We will be there when you call.
