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 concerns about the propriety of at least eight overt acts listed to support the 11-count case against” the trio.

More to come tomorrow!

7 thoughts on “Criminal Trial of Co-Defendants Stern, Kapoor & Eroshevich: Day Twenty One

  1. 460 tablets of Methadone and she was asking for more 6 days later??? What should happen to a doctor who prescribes like this??? Was someone selling these drugs on the sly???

  2. I hope the Prosecutor gets the help needed to find a Creole translator. I’m sure there are hundreds available who would love the money. Sounds like the Judge is warning the Prosecutor that the case is too weak on some counts.

  3. I read Rita Crosby’s excellent book “Blonde Ambition” about Ana Nicole Smith and it seems like she was right on the money. Seems the nannies were right there seeing all of this horror story from the inside and they can tell us the whole truth. Lady Justice, get those nannies on the witness stand, please.

  4. Janice,
    Have you ever heard this kind of criticism by a judge before the prosecution has ended?

    I agree with Carly, the paper trail proves the case. I know it is “conspiracy” and maybe this is a little more difficult but she clearly was an addict, they clearly were prescribing drugs to her without proper exams and medical records, Howard Stern was clearly aware of it all, if not directing it!

  5. creole translator should be no problem….lots of them in louisiana….sounds like the prosecution has a problem?

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