A Los Angeles County Superior Court judge dismissed two charges Wednesday against the boyfriend of the late model and actress Anna Nicole Smith.
Judge Robert J. Perry – who earlier this week accused prosecutors of overcharging the case because a celebrity death was involved – dismissed two charges of obtaining drugs by fraud and deceit against Howard K. Stern.
Stern still faces nine counts related to allegedly providing Smith with powerful drugs.
Perry’s ruling was made in the criminal trial of Stern and two doctors accused of providing large quantities of drugs to Anna Nicole who, according to prosecutors, was addicted to pain meds. Smith died in February 2007 of an accidental overdose in Hollywood, Florida. She was 39.
Perry also “narrowed the scope” of a conspiracy charge against Stern and Dr. Sandeep Kapoor, court spokesman Allan Parachini said.
Perry told prosecutors on Monday that he has presided over 622 felony jury trials in his career, but only in three cases had he been faced with “overzealous” prosecutors who “appeared to put winning above” fairness.
Stern, Dr. Sandeep Kapoor and Smith’s psychiatrist Dr. Khristine Eroshevich have all pleaded not guilty.
Closing arguments begin Monday.