D.A. to appeal in Anna Nicole Smith drug case

A prosecutor has denounced a ruling dismissing the drug conspiracy convictions against the late Anna Nicole Smith's former boyfriend Howard K. Stern and her psychiatrist, and says he will appeal.

District Attorney Steve Cooley said the decision Thursday by Superior Court Judge Robert Perry diminishes the huge social problem of prescription drug abuse facilitated by unscrupulous medical professionals.

Cooley also said the ruling denigrates investigative efforts by the state Department of Justice and the state medical board.

The judge allowed only one conviction to stand against psychiatrist Khristine Eroshevich for obtaining a Vicodin prescription under a false name. However, the charge was reduced to a misdemeanor and she was sentenced to probation and a $100 USfine.

Perry found Thursday that Stern never had the intent to defraud when he used his name and those ofothers to protect Smith's privacy when obtaining prescriptions for her.

Perry also found that Eroshevich, 63,was acting out of concern for Smith and cited her long career and service to the communitywhen reducing her sentence.

Death in 2007

Stern and Eroshevich were convicted by a jury in October of using false names to obtain prescription drugs for the former Guess jeans model and Playboy playmate in the three years before she died of an accidentaldrug overdose in 2007.

Prosecutors earlier had urged the judge to forego prison terms and sentence Stern and Eroshevich to felony probation, community service and fines.

Their lawyers wanted their convictions reduced to misdemeanours, dismissal of charges or a new trial. They said using fake names to protect celebrities' privacy is common practice.

Perry could have sent the twoto prison for up to three years and eight months.

Smith, a formerreality show starand exotic dancer, gained notoriety for marrying Texas oil tycoon J. Howard Marshall II in 1994, when he was 89 and she was 26.

She died Feb. 8, 2007, in a Florida hotel at the age of 39.