- Associated Press - Friday, January 7, 2011

LOS ANGELES (AP) - Anna Nicole Smith’s primary doctor, who was acquitted in the late model’s high-profile drug prescription case, has been subpoenaed in a separate investigation, his attorney said Friday.

“It’s outrageous,” said Ellyn Garafalo, who represents Dr. Sandeep Kapoor. “This shows that this is a vendetta.”

She said Kapoor was standing outside the courtroom where a judge dismissed most charges against Kapoor’s co-defendants on Thursday when he was handed a subpoena by a process server representing the California Medical Board.

Garafalo said the board is investigating cases unrelated to the Smith case.

She said Kapoor has treated many severely ill patients and has written numerous prescriptions for them.

Kapoor was tried with Howard K. Stern and psychiatrist Dr. Khristine Eroshevich on charges of excessively prescribing opiates and sedatives for the former Playboy model. A jury acquitted him of all charges.

After a long and costly trial prosecution, Superior Court Judge Robert Perry threw out conspiracy convictions against Stern and Eroshevich, allowing one charge against her to remain but reducing it to a misdemeanor.

Garafalo said she has learned that official costs of the prosecution are close to $4 million, that the defendants each spent up to $1 million on their defenses and that their reputations were severely damaged. Proceedings before the medical board could increase legal costs.

Both Kapoor and Eroshevich face potential problems with the medical board.

A spokesman for the medical board did not respond to an e-mail from The Associated Press.

Kapoor came to the hearing in support of the others, he said, and because he wanted to experience closure of the case. He said he had returned to a busy practice and his patients had remained loyal to him.

A number of doctors and lawyers said Friday that the fallout from the trial could discourage doctors from taking celebrity cases.

“What doctor wants to put himself through this?” said attorney Harland Braun, who has represented physicians in other high profile cases.


Associated Press writer Greg Risling contributed to this story.

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