Hearing scheduled on jury question in Smith case

AP News
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Posted: Oct 14, 2010 5:14 AM
Hearing scheduled on jury question in Smith case

A jury deliberating in the Anna Nicole Smith drug conspiracy trial wants to know how Howard K. Stern, who is not a doctor, can be charged with unlawfully prescribing a controlled substance to the former Playboy model.

Attorneys are scheduled to meet with the judge Thursday morning to discuss the question.

The panel sent a note Wednesday pointing out that two charges accuse two doctors and Stern, Smith's boyfriend-lawyer, of unlawfully prescribing Dilaudid, Methadone and Vicodin.

Jurors asked whether they must consider those charges separately against each of the three defendants, Stern, and Doctors Sandeep Kapoor and Khristine Eroshevich. They are not charged in Smith's 2007 overdose death.

The panel ended a second day of deliberations Wednesday without reaching a verdict.