LA judge denies dismissal motion in Smith case

[July 07, 2010]  LOS ANGELES (AP) -- A Los Angeles judge has denied a defense motion to dismiss two charges against a doctor accused of illegally funneling prescription drugs to Anna Nicole Smith.

Superior Court Judge David Wesley on Tuesday rejected the motion by Dr. Sandeep Kapoor, who sought to have a drug conspiracy charge dropped along with one count of unlawfully obtaining a prescription by a false name.

Kapoor, Dr. Khristine Eroshevich and Smith's former lawyer-boyfriend Howard K. Stern have pleaded not guilty to illegally providing sedatives and opiates to the former Playboy model. They are not charged with causing her death.

Smith died of an accidental overdose of at least nine medications in February 2007 at a Florida hotel.

Opening statements are slated for Aug. 5.

[Associated Press; By GREG RISLING]

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