DA seeks rehearing in Anna Nicole Smith drug case
- Photo: Albert L. Ortega/WireImage.com1 of 5
- Photo: Mark J. Terrill/Invision/AP2 of 5
- Photo: Sara De Boer/Retna Ltd.3 of 5
- Photo: Sara De Boer/Retna Ltd.4 of 5
More Celeb News
- FX Boss John Landgraf Clarifies 'True Detective' Remark Calm Down People, He&MSNEntertainment 7/23/2014 4:04:00 PM
- 'Auschwitz Selfie' Outrage: But You're Supposed to Take PicturesMSNEntertainment 7/23/2014 3:41:00 PM
- Marvel Announces Another 2018 ReleaseMSNEntertainment 7/23/2014 3:08:00 PM
- Tommy Lee Jones Joins Kevin Costner, Gary Oldman in 'Criminal'MSNEntertainment 7/23/2014 2:45:00 PM
- 'Gotham' Creator on Why Batman Would Spell the End of the ShowMSNEntertainment 7/23/2014 2:24:00 PM
- FX Boss John Landgraf Clarifies 'True Detective' Remark Calm Down People, He&
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. Attorneys 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 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 Smith inhabited for fake names to be used to protect privacy. The appellate court sent the case back to Perry but gave no guidance on what the judge should do next.
The motion filed Friday asked that the court modify its ruling so that 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.
Best B-Day Ever?
Selena Gomez celebrates her birthday early with a helicopter ride in Italy with new pal Cara Delevingne on today's Celebs Gone Social.Watch Video »
Cameron Diaz, Rumer Willis, and Ellie Goulding all get an F on this week's Fashion Offenders.Watch Video »
Where Are They?
Find out where the cast from "When Harry Met Sally" is today.Watch Video »
See some of the cutest moments from Prince George's first year.Watch Video »
Chrissy Teigen, Katy Perry and Lady Gaga spotlight their pooches on today's Celeb Gone Social.Watch Video »
Let's check out some of Eva's tactics behind her baby bump secret on Replay hosted by Wonderwall's Kirby Kristen.Watch Video »
Like us on Facebook?
UP NEXTHeating Up!
From Crowd Ignite