Before there was Dr. Conrad Murray, there was Howard K. Stern.
Anna Nicole Smith's attorney and former boyfriend, the subject of a felony drug conspiracy trial stemming from ANS' death, is accused of enabling her demise.
The prosecutors have been accused of overcharging him, however, and yesterday, a judge tossed out charges against Stern for obtaining drugs by fraud and deceit.
The judge also dismissed part of a conspiracy count against Stern and one of the two physicians on trial, Dr. Sandeep Kapoor, saying there is no proof of conspiring.
Judge Perry allowed the rest of the conspiracy charge to stand and said the majority of the 11-count complaint against the two men can go to a jury for a decision.
Perry says that he's presided over 622 jury trials, but only three times was he faced with "overzealous" prosecutors who "appeared to put winning above" fairness.The rulings on the defense's motion to dismiss were made outside the presence of the jury, which returns to court Monday for closing arguments in Stern's trial.
Dr. Kapoor and Smith's psychiatrist, Dr. Khristine Eroshevich, who prescribed many of the drugs found in Smith’s body after her death in 2007, are also on trial.