Anna Nicole Smith Drug Conspiracy Convictions Overturned

LOS ANGELES (CBS/AP) A judge Thursday dismissed the drug conspiracy convictions of the late Anna Nicole Smith's boyfriend-lawyer Howard K. Stern and her psychiatrist, allowing only one conviction to remain against the doctor and reducing it to a misdemeanor.

Superior Court Judge Robert Perry found that Stern never had the intent to defraud when he used his name and others to protect Smith's privacy when he obtained prescriptions for her.

Perry also found that psychiatrist Khristine Eroshevich was acting out of concern for Smith and cited her long career and service to the community in deciding to sentence her to no more than one year of probation and a $100 fine for obtaining one Vicodin prescription under a false name.

"The evidence is that Howard Stern did not have an intent to break the law," Perry said in dismissing conspiracy convictions against Stern.

Without Stern's participation, the judge said, there was no conspiracy between him and Eroshevich, and he dismissed those counts against her as well.

Smith died after suffering a drug overdose in a Florida hotel room in 2007. The death was ruled an accident and the California defendants were not charged with causing her death.

In dismissing nearly all the convictions, Perry said, "There is no doubt that there are doctors who are nothing more than pill pushers and should be prosecuted and imprisoned. This case did not involve such doctors."

District Attorney Steve Cooley said he would appeal the ruling.

"His decision denigrates the substantial investigative efforts conducted by the state Department of Justice and the medical board," Cooley said. "It diminishes the huge social problem of prescription drug abuse facilitated by irresponsible caretakers and unscrupulous medical professionals."

Dr. Sandeep Kapoor, who was previously acquitted of all charges by the jury, sat in the audience with his lawyer. He said he came to support his co-defendants.

The ruling marked the denouement of a long-running drama centering on the blonde beauty's troubled life, which was documented on reality TV, in tabloids and in trial testimony. Smith also made headlines in a continuing $300 million court fight with the estate of her oil tycoon husband.

Both Stern and Eroshevich said they were pleased with the ruling Thursday and believed Smith would be happy with the outcome.

Stern said he was pleased that Perry recognized Smith was a victim of chronic pain, not addiction.

"This case never should have been brought," Stern said outside court. "It has been four years of my life."

Eroshevich also said she was happy with the outcome.

"I can live with the misdemeanor," she said. "I don't want to be a martyr. Everyone makes mistakes."

Jurors convicted Stern and Eroshevich of conspiring to violate the false name statute to obtain pain killers for the former Playboy model. Eroshevich also was convicted of obtaining Vicodin by fraud.

Both Eroshevich and Stern, 41, could have lost their professional licenses if their felony convictions stood.