Anna Nicole Smith Drug Trial Surprise: Defense Says It Won't Call Any Witnesses

LOS ANGELES (CBS/AP) In a surprise move, lawyers for three defendants in the Anna Nicole Smith drug conspiracy case announced in court Thursday they would not call any witnesses after the prosecution rests its case.

"We don't believe the people have presented sufficient evidence to prove their case," attorney Ellyn Garofalo, who represents defendant Dr. Sandeep Kapoor, said later outside court.

The prosecution planned to rest its case Friday after final testimony from an expert witness.

Lawyer Steve Sadow, who represents defendant Howard K. Stern, said he would present a number of photographs as evidence.

"But as the evidence stands now, we will be calling no witnesses," Sadow said.

Stern, Kapoor and Dr. Khristine Eroshevich have pleaded not guilty to conspiring to provide excessive opiates and sedatives to Smith, who is described in the charges as an addict. They are not charged in her 2007 drug overdose death.

Superior Court Judge Robert Perry has repeatedly raised questions about whether Smith was an addict or someone with pain seeking a remedy.

He said he was happy there would not be any defense witnesses.

"I'm going to start working on jury instructions," Perry said after hearing six weeks of testimony from prosecution witnesses.

Defense attorneys have vigorously cross-examined a long parade of prosecution witnesses. Judge Perry has said - outside the jury's presence - the defense had destroyed the credibility of some of them.

Prosecutor Renee Rose told the judge the defense move was a surprise and asked for two days next week to prepare for final arguments. The judge said he might allow one day.

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