Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Thirty Five

While no defense witnesses were present at the trial today, 90 photos were introduced documenting Smith’s last few months. The photographer, Howard K. Stern, attempted to prove Smith’s sober state by showing “the blonde beauty beginning with the birth of her baby.” With the exception of photos from Daniel Smith’s funeral, the majority of the photos emphasized Smith’s happiness. According to the Associated Press, although the prosecution was set to rest today, they will now wrap up on Monday. Check back for more updates! UPDATE: In regards to Mrs. Marple’s comments, the prosecution did try to counter the defense by introducing “two less flattering pictures” of Smith as evidence.  However – as pointed out by readers – the prosecution may not have gone far enough to portray Smith’s addiction.  As previously discussed, there are many unusual circumstances surrounding this case and Judge Perry has “harshly criticized the prosecution for overreaching.” According to the Associated Press, Judge Perry has scheduled arguments on dismissal motions for today.  Although it seems some charges will stand, Judge Perry “wants arguments to be limited on two issues: whether Smith was an addict and whether prescriptions were obtained under false names.” Be sure to check back!

Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Twenty One

Late yesterday, a specialist in addiction and pain medicine – Dr. James Gagne – testified that Kapoor was “acting outside the standard practice” by prescribing a large amount of opiates and sedatives to Smith.   Gagne said Kapoor should have known from records that Smith had an addiction and should have weaned her off the medication instead of refilling prescriptions.  Although Smith had fractured ribs and a dislocated shoulder in two separate incidents, Gagne thought that Kapoor “continued prescribing opiates for too long to ease her pain.” According to Gagne’s testimony, Smith was not only taking more than the prescribed amount but also acted like a “space cadet”, which should have indicated an excessive amount of medication.  Gagne drew attention to the fact that Kapoor prescribed 460 tablets of Methadone for Smith on August 17, 2006, yet only eight days later Smith claimed to be experiencing withdrawals and asked for more. Yesterday questions also arose as to whether or not Smith’s nannies will testify. Prosecutors have not been able to locate a Creole translator but told the judge they expect the nannies to testify on September 7th. Today, the judge expressed doubt regarding the prosecution’s ability to provide evidence on the two key conspiracy charges against Stern, Eroshevich, and Kapoor.  Judge Perry “also has Read More …