The L.A. Times reports that a judge has thrown out all the guilty verdicts on drug charges, including conspiracy, except one misdemeanor conviction handed down this fall by a jury in the Anna Nicole Smith drug trial.
L.A. County Superior Court Judge Robert Perry cleared Howard K. Smith of all convictions and dismissed two conspiracy counts against psychiatrist Khristine Eroshevich. One of her felony convictions was dismissed and another reduced to a misdemeanor. Acknowledging that in some cases doctors make a living being "pill pushers," Perry stated that this was not the situation here. The charges were thrown out due to the prosecution's misunderstanding of conspiracy law.
An experienced L.A. Criminal Defense Lawyer can challenge erroneous charges and poke holes in a lack of evidence.
Here, observers note that the judge saw through the prosecution's "misapplication of the law ... lack of preparation and lack of foresight." The defendants were simply trying to protect Anna Nicole Smith's privacy and acting out of a "heartfelt desire to help a friend" rather than conspiring to commit a crime.
Unfortunately, Stern and Eroshevich had to endure a very public trial and significant media attention. Although an appeal is certain to follow, for these defendants the judge's ruling has been a vindication - allowing them to move on.
For more information, or if you have been charged with any California drug crime, contact The Chahine Law Firm for a free consultation.
