A prosecutor has portrayed Anna Nicole Smith as an out-of-control drug addict who pressured doctors into prescribing pain killers and sedatives that she craved.
Deputy District Attorney David Barkhurst was the first lawyer to address jurors in closing arguments of the drug conspiracy trial against the late model's boyfriend and two doctors. He focused his remarks on Dr. Sandeep Kapoor, the internist he accused of doing inadequate tests before giving Smith a powerful opiate she requested.
Barkhurst spoke after the judge instructed jurors in the law, telling them that a person who seeks drugs for pain is not an addict.
Howard K. Stern, Kapoor and Dr. Khristine Eroshevich have pleaded not guilty to providing an addict with excessive drugs. They are not charged in Smith's 2007 overdose death.
The judge spent 40 minutes instructing jurors on the law governing their decisions and said they must only reach a conspiracy conviction if the defendants agreed to commit the alleged crimes.
The case could go to the jury by Thursday. The defendants face unspecified fines and prison sentences if convicted.
At issue is whether the former reality TV star was provided excessive prescription drugs and whether she was an addict or someone seeking relief.
Perry has been highly critical of the prosecution's presentation but speculation that he might dismiss many of the 11 charges fizzled last week when he announced he would dismiss only two counts against Stern and part of another charge against Stern and Kapoor.
"I think there are weaknesses in the prosecution's case," Perry said at the time. "But my inclination is to let it go to the jury."
Three defense attorneys, Steve Sadow for Stern, Brad Brunon for Eroshevich and Ellyn Garafalo for Kapoor are expected to argue for their clients to be acquitted, claiming they cared deeply for Smith and were trying to help her with legitimate medical concerns.
In eight weeks of testimony, the prosecution presented a long list of prescriptions for drugs, including opiates and sedatives acquired for Smith.
The defense has challenged witnesses who claimed Smith was an addict, and has tried to undermine the credibility of those who alleged Stern and Eroshevich were personally administering drugs to Smith in the months after the death of her son, Daniel, sent her into depression.
Attorneys have spent hours with the judge debating legal instructions for the jury that may help them sort out definitions of addiction and falsifying prescriptions.
The judge dismissed two charges against Stern of obtaining drugs for her by fraud and deceit, including use of false names. He also dismissed part of a conspiracy count against Stern and Kapoor, ruling there was insufficient proof the two men conspired to obtain controlled drugs through fraud and deceit.
Perry raised the unusual prospect that if he does not agree with jury convictions, he has the option to change the verdicts or order a new trial. He said he has done this in other cases.