Anna Nicole Smith Judge May Dismiss Some Charges

LOS ANGELES (CBS/AP) The judge in the Anna Nicole Smith drug conspiracy case has delayed final arguments while he considers defense motions to dismiss charges against the model's two doctors and boyfriend.

Superior Court Judge Robert Perry said he planned to begin issuing rulings later Tuesday. He 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.

Attorneys on opposing sides of the seven-week drug conspiracy trial against Anna Nicole Smith's lawyer-boyfriend and two doctors rested their cases Monday. The three men are accused of providing the former Playboy model with excessive amounts of opiates and sedatives while knowing she was an addict.

Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich pleaded not guilty to three conspiracy charges and other drug-related counts. They are not charged in Smith's 2007 drug overdose death.

Once jurors were dismissed Monday, the judge apparently told lawyers his research suggested that a majority of the charges in the complaint should be considered low-level misdemeanors, some of which bear a fine as a possible penalty.

Perry criticized the prosecution's stance and questioned whether they decided to build a case on "a dead celebrity and a bunch of low-level misdemeanors."

"We believe there were felonies," said Deputy District Attorney Sean Carney in response.

According to Perry, the only felonies charged were three conspiracy counts, two of which he said earlier might be thrown out.

Much of the testimony relied heavily on determining whether or not Smith, who was found dead in a Florida hotel room of an accidental overdose, was in fact addicted to prescription drugs, or seeking relief from chronic pain.

Jurors will decide the case next week.

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