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

Yesterday, Judge Perry strongly advised prosecutors to simplify their charges against the three defendants. Perry warned that the case may be too complex for the jurors to understand and asked the prosecutors if they were “trying to impress the jury with so many charges.”  The judge is giving the prosecution more time to “clean up” their allegations and has delayed closing arguments until Monday. Perry also threw out 18 of the 39 overt acts supporting one of the conspiracy charges because he claimed they “included too many dates and involved actions that did not support a conspiracy.” Perry instructed the prosecution to eliminate more of the total 81 overt acts. To make this complicated mess even worse, the defense “pointed out that some of the 11 counts may be misdemeanors, which are covered by a statute of limitations,” meaning they would have to be thrown out if they don’t meet time requirements. Perry also rejected an “an 11th hour move by prosecutors to add Smith as an uncharged coconspirator in the alleged plan to provide her with excessive drugs.” Instead, he stated that evidence from the trial showed Smith was a “willing drug taker.” UPDATE: Late yesterday, Judge Perry announced after Read More …

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

Today, Judge Perry announced closing arguments will be postponed until Monday so he has time to consider dismissal motions made by defense attorneys representing the Playboy model’s boyfriend and two doctors.  According to the Associated Press, the key issue is whether or not Smith legitimately sought relief from chronic pain or was simply addicted to drugs.  Judge Perry “spent the morning finalizing jury instructions and told prosecutors they should try to pare down the overt acts they have alleged against the defendants. He said it is essential to simplify the case to prevent jurors from becoming confused.” Stay tuned for the latest on final arguments in the trial!