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It's been 11 days of deliberations and still the jury in the Anna Nicole Smith case has not returned with a verdict. Soon, the judge may declare a mistrial.

In the event that happens, the defendants are not off the hook as if they were found not guilty, but it's up to the D.A. as to whether to try the case again.

Playboy Bunny

The jury sent questions to the judge Wednesday that indicated they are unable to agree on some of charges against Howard K. Stern and two doctors.

Anna Nicole Smith (1967-2007).

"What should we do if we are unable to come to a verdict on a count or an object crime?" the jury asked in a written question to the presiding judge.

"If you can't reach a verdict, then you can't reach a verdict," Los Angeles County Superior Court Judge Robert Perry responded to the conflicted jury.

Judge Perry encouraged jurors to ask more questions or request a "read back" of testimony before he officially declares the jury hung on a verdict.

The case against Smith's boyfriend-lawyer Stern and two doctors, Sandeep Kapoor and Khristine Eroshevich is complicated, to say the very least.

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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.

  • Howard K. Stern Mug Shot
  • Sandeep Kapoor Mug Shot

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.

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One of the shady doctors charged in the Anna Nicole Smith drug case claims prosecutors have no evidence he conspired to pump her full of drugs.

As a result of this "misunderstanding," Dr. Sandeep Kapoor wants the judge to throw out some charges he faces in the late model's 2007 death.

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Kapoor's lawyer, Ellyn Garofalo, filed legal papers asking the judge to reject the prosecution's claim that Kapoor teamed up with Howard K. Stern.

The accusation: Kapoor, Stern and Dr. Khristine Eroshevich made a conscious effort to fuel Anna Nicole Smith with drugs that ultimately killed her.

As usual, it's a very fine line and difficult to prove.

IN SANDEEP $H!T: Dr. Kapoor allegedly broke many laws.

Dr. Sandeep Kapoor claims he prescribed drugs for Anna before he met Eroshevich, even refusing to fill a prescription list Eroshevich faxed him.

Kapoor also challenges authorities' allegations of his obtaining Anna's 'scripts by "fraud, deceit, or misrepresentation," according to the filing.

In the court papers, Kapoor acknowledges filling a prescription for Anna under a pseudonym, but he claims he only did so to protect her privacy.

Not, as prosecutors say, to "divert drugs for illegal sale or use." Of course, the long list of felonies he's charged with is unlikely to be fully tossed.

Three years have passed since Smith's death, and more may follow before this case - making the Dr. Conrad Murray case seem simple - is resolved.

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We've talked about the O.J. factor and how it's making investigators in the Michael Jackson case act with such extreme patience and caution at every turn.

Basically, there's no rush, and they don't want to let another winnable, high-profile case go by the wayside because they got sloppy like with the Juice.

But there's another reason the case is dragging on for months - Anna Nicole Smith. Her ex-beau Howard K. Stern will likely go to trial on multiple drug-related felony charges stemming from the model's addiction woes and death.

Because the case is similarly compliex, prosecutors are probably watching that case to determine the specific charges Dr. Conrad Murray should face.

Murray, who has been blamed by the Jackson family for MJ's death, has maintained his innocence throughout the process and has returned to work.

Dr. Conrad Murray Picture

How Dr. Conrad Murray is charged may hinge on the Anna Nicole Smith case.

While some Jacksons have called him a murderer, it's clear there was no premeditated killing of Michael, and how to prosecute him is a murky task.

"It's not like prosecutors think there's a propofol murderer out there," says Robin Sax, former Los Angeles prosecutor, saying he's not a flight risk.

Yet another factor slowing things down: the feds.

"At the very least," retired Drug Enforcement Administration supervisory special agent Gregory D. Lee says, "Murray runs the risk of losing his license."

That seems like a given, but like the LAPD, the DEA is still determining what, if any, more serious federal drug charges will be filed against the doc.

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A nanny who once worked for Anna Nicole Smith claimed she saw Howard K. Stern and Dr. Khristine Eroshevich force drugs on the late Playboy model.

This according to an investigator testifying in courtyesterday.

Playboy Bunny

The Department of Justice's Danny Santiago testified that Nadine Alexie claimed she saw Smith's companion (Stern) and former shrink (Eroshevich) give Smith drugs against her will that kept her asleep for days.

Santiago said he got the information from Alexie in September.

The nanny, according to Santiago, also claimed that Smith would wake up covered in vomit and feces in her bed. Absolutely tragic, terrible stuff.

Anna Nicole Smith (1968-2007).

The testimony was part of a preliminary hearing to determine if Stern, Dr. Eroshevich and Dr. Sandeep Kapoor will be tried for Smith's death.

We suspect they will be. Last week, a pharmacist testified that Eroshevich prescribing lethal doses of drugs to Smith and he wouldn't comply.

The trio of defendants face more than a dozen felony counts of allegedly supplying Smith with drugs illegally, and for aiding a drug addict.

All three defendants have pleaded not guilty.

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A California pharmacist testified that he refused to fill a prescription for Anna Nicole Smith written by Smith's psychiatrist, Dr. Khristine Eroshevich, in 2006.

Why wouldn't he do so? Because the high doses of medication the doc wanted to give Smith amounted to "pharmaceutical suicide." That's a fairly good reason.

Ira Freeman said he received a request for painkillers, muscle relaxants and sedatives on September 15, 2006, four days after Smith's son Daniel passed away.

According to the Los Angeles Times, he declined to fill it: "If she got ahold of these medications, it could have fatal consequences," he told a judge Thursday.

Anna Nicole Smith died five months later of a drug overdose. Reports of her final days are not pretty, and those responsible could pay dearly with jail time.

Is Dr. Khristine Eroshevich responsible for Anna Nicole's death?

The testimony took place during a preliminary hearing to determine whether Eroshevich, Dr. Sandeep Kapoor and Smith's boyfriend, Howard K. Stern, should be tried on felony charges of conspiring to aid the drug addict Smith.

The three face 23 felony counts of doing so through fraudulent means.

Freeman said Eroshevich's prescription for the Playboy model called for a staggering eight times the recommended dosage of a hypnotic sedative called Dalmane.

He also said Eroshevich seemed unfamiliar with the meds she was ordering. He recounted a toxicologist saying Eroshevich "was way out of her league on this."

An autopsy revealed Smith's death was caused by a combination of toxic drugs, especially chloral hydrate, Benadryl, clonazepam, diazepam and lorazepam.

Earlier this week, another psychiatrist testified that Smith tried to quit prescription drugs in 2006, when pregnant with her daughter, but failed to do so.

Luckily, Dannielynn is healthy and happy, living with dad Larry Birkhead.

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Anna Nicole Smith's death wasn't pretty. In fact, it was the polar opposite.

Revelations made in the first hours of the preliminary hearing against Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor - the trio facing a combined 23 felony charges relating to the star's drug use and death - are disgusting.

We're talkin' feces in the bed, infections in uncomfortable places, blue-lipped ugliness. Detectives investigating the Playboy model's death found the following:

  • Smith was found February 8, 2007, covered with feces.
  • A dozen different prescription and illicit drugs from her hotel room, many prescribed by the hundreds, included powerful sedatives and muscle relaxers.
  • Howard K. Stern had served Anna, who was complaining of flu-like symptoms, children's electrolyte formula Pedialyte in a baby bottle. Great imagery.
  • Smith's cause of death was ruled acute combined drug toxicity of chloral hydrate, with additional drugs contributing. Sound like someone else we know?
  • Coroners say Smith had an infected abscess on her buttock and that Dr. Khristine Eroshevich admitted that Smith had been taking meds via injection.
  • Medications including methadone had been shipped to Smith's P.O. box during her stay in the Bahamas and were sometimes picked up by Stern.

Anna Nicole Smith (1968-2007) was a deeply disturbed individual.

Yeah. And it's actually much worse than you think. One can only wonder what will happen when Larry Birkhead is called to the stand in the case this week.

For the full story, read on at E! ...

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The preliminary hearing for the three shady defendants accused of enabling the drug habit of Anna Nicole Smith - her former companion Howard K. Stern and her former Drs. Sandeep Kapoor and Khristine Eroshevich - begins this week.

Those three are in deep $h!t, but ironically, Stern's fate could be in the hands of Larry Birkhead. His former rival will be in the spotlight, and a sticky situation.

Prosecutors will ask the father of Anna's daughter, who will testify as soon as today, about various comments he made about Howard K. Stern back in 2007.

Birkhead made such comments to celebrity gossip outlets during the time he was battling Howard over custody of - and who was the father of - Dannielynn.

But Birkhead and Stern settled the custody dispute amicably after Larry was confirmed to be the father, and they have since been united on all things Anna.

Larry Birkhead and Dannielynn

Larry Birkhead, Dannielynn and a photographer go to the pumpkin patch.

So does Birkhead now back off his statements about Stern being an enabler? Does the prosecution call a witness who says the reverse of what they want?

It would be interesting, to say the least, if Birkhead backed off his story of Stern playing a harmful role in Anna's life now that their custody battle is over.

Doing a complete 180 seems like a stretch, but he could now say that some of the statements he made about Howard K. Stern were in the heat of battle.

In any case, Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich have pleaded not guilty to a grand total of 23 felony charges. Stay tuned.

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Mark "Hollywood" Hatten used to date Anna Nicole Smith. Yeah, yeah. We know. Didn't we all. But his allegations are much more scandalous than that.

The FBI believed Anna Nicole Smith schemed to kill her late husband's son to secure his family fortune, and investigated her for it from 2000-2001.

Ultimately, they did not have enough evidence to charge the Playboy model.

"I'm responsible [for the probe]," Hatten told the New York Daily News.

The late model and reality star was investigated for plotting the murder of E. Pierce Marshall, who was in a legal battle with her over her dad's $550 million estate.

J. Howard Marshall, who made a fortune in oil exploration during the 20th Century, died in 1995 at age 90. He was married to Anna for his final 14 months.

Hatten says Smith wanted him to off his son to secure the money - and wanted him to do the honors: "She was begging me to kill Pierce Marshall, telling me that he was the Devil standing in the way of her inheritance."

"She said that we'd be set if I just take this gun and knife and do this. She convinced me she wanted [Pierce Marshall] dead. But she was doped up."

"Then we'd wake up the next day, and she'd say, 'No, no, I don't remember saying that.' It was like a split personality," her ex reflected.

Mark "Hollywood" Hatten said he feared what would happen so he went to Marshall's lawyers. No direct evidence of Smith's involvement appears in the FBI file.

Agents confiscated a .375-caliber Smith & Wesson revolver, a knife and a Dr. Seuss hat (?) that Hatten said was the hiding place for the weapons.

Smith's lawyer, Ron Rale, said the allegations are untrue.

Pierce Marshall died from natural causes three years ago. Smith died of a drug overdose in 2007, for which her former companion Howard K. Stern and Drs. Khristine Eroshevich and Sandeep Kapoor were only recently charged.

Smith's death has been called a "pharmaceutical suicide."

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Anything associated with Anna Nicole Smith is doomed this week.

First, Howard K. Stern, Dr. Khristine Eroshevich and Dr. Sandeep Kapoor were all arraigned on felony charges in the 2007 death of the Playboy Playmate.

Then, the late model's father, Donald Hogan, died after a long battle with lung cancer, according to daughter and Smith's half-sister, Amy Chapman Hogan.

Donald "had a lump in his chest that kept giving him a lot of pain. But for some reason the X-rays didn't find it. By the time the doctors diagnosed he was in the last stages of lung cancer," Amy recalled to E! News today.

The 62-year-old, who loudly blamed Howard K. Stern for his daughter's death, refused treatment and spent three weeks in hospice before passing away.

"He just wanted to go home," Hogan said. "We just buried him on Tuesday."

"It's been a tough week."

Anna Nicole Smith's Dad

Donald Hogan did not live long enough to see Howard K. Stern charged.

Unfortunately, despite repeat attempts, Hogan said her father never got to see granddaughter Dannielynn, now in the care of Larry Birkhead, before he died.

She says the family tried to contact Birkhead several times to no avail. As it is, it's not the only event Hogan wishes her dad had been able to witness.

As for the handful of new felonies Stern and Smith's doctors were slapped with yesterday, she said, "Dad would have been really happy about that."

He's far from alone in that regard.

Anna Nicole Smith Biography

Playboy Bunny Anna Nicole Smith died too young. She lived a sad, difficult life, one marked by many nude photos, dramatic family episodes, turbulent... More »
Full Name
Anna Nicole Smith
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