LOS ANGELES (AP) — Prosecutors refusing to accept an appellate court’s ruling in the Anna Nicole Smith case asked the court on Friday to change its decision and allow her former boyfriend and manager to be retried.
California’s 2nd District Court of Appeal ruled last month that Howard K. Stern could not be retried without violating the Fifth Amendment protection against double jeopardy. Lawyers in the office of District Attorney Steve Cooley filed a 19-page motion for rehearing that contends the court misinterpreted the law.
The court said a trial judge erred in dismissing conspiracy convictions against Mr. Stern and Smith’s psychiatrist, Dr. Khristine Eroshevich, in a case that partially revolved around obtaining prescription drugs for the celebrity model under false names. The defendants were not charged with causing her death.
Superior Court Judge Robert Perry found it was not unusual in the celebrity world that Smith inhabited for fake names to be used to protect privacy. The appellate court sent the case back to Judge Perry but gave no guidance on what the judge should do next.
The motion filed Friday asked the court to modify its ruling so that Mr. Stern can be retried, or to grant a rehearing on the issue.
The defendants’ nine-week trial was the final act of the long-running drama centering on the blond beauty’s troubled life, which was documented on reality TV, in tabloids and in trial testimony. The defendants were acquitted of most charges, and the judge suggested prosecutors had chosen the wrong case in which to make its point about prescription drug abuse.
By John Solomon
How the government's punishing of the exposure of official wrongdoing can linger for years
Independent voices from the TWT Communities
Weekly agitation from a columnist who many believed to be one of the least likely to become known as a Conservative Republican.
Happiness is attainable. Morning to night. I love to teach, deal with folks that have an issue and really wish to tackle it and write.
This column will cover anything that has anything remotely to do with the game of baseball, from the game itself to mid-summer trades to offseason moves.
Benghazi: The anatomy of a scandal
13 Photos
Vietnam Memorial adds four names
18 Photos
Cinco de Mayo on the Mall
11 Photos
NRA kicks off annual convention
8 Photos
