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
- CW to Honor Dogs With Glitzy Awards ShowMSNEntertainment 7/29/2014 12:35:00 PM
- 'Southland' Slapped With $5 Million Lawsuit Over Autopsy Photo in Opening MontageMSNEntertainment 7/29/2014 12:28:00 PM
- Why ISIS Makes 'Al-Qaeda Look Like the Boy Scouts'MSNEntertainment 7/29/2014 12:12:00 PM
- 'Agents of SHIELD's' Elena Satine to Join 'Revenge'MSNEntertainment 7/29/2014 11:51:00 AM
- How 'Boyhood' Editor Sandra Adair Stitched 12 Long Years Into the Year's MSNEntertainment 7/29/2014 11:43:00 AM
- CW to Honor Dogs With Glitzy Awards Show
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.
Joe Manganiello parties with new love Sofia Vergara and her family in Miami on today's Celebs Gone Social.Watch Video »
Selena Gomez, Zoe Saldana, and Maggie Gyllenhaal all get an F on this week's Fashion Offenders.Watch Video »
Where Are They?
It's been 20 years since "Jurassic Park" came out. See what the cast of the movie is up to these days.Watch Video »
Find out which stars attended Jennifer Lopez's birthday celebration on today's Celebs Gone Social.Watch Video »
Where'd He Go?
Find out what happened to the stars of 'Garden State' after they made the hit indie film.Watch Video »
Check out some of January Jones' most retro wardrobe choices from over the years.Watch Video »
Like us on Facebook?
UP NEXTVegas Turn Up
From Crowd Ignite