The remarks came after the jury was dismissed for the day and after both sides rested.
Smith's lawyer-boyfriend Howard K. Stern, Dr. Sandeep Kapoor and Dr. Khristine Eroshevich have pleaded not guilty to three conspiracy charges and other drug counts. They are not charged in Smith's drug overdose death in 2007.
The case surrounding the troubled model ended with an expert witness for the prosecution.
Dr. Timothy Botello testified that defendants Kapoor and Erosovich breached standards for what doctors are supposed to do in California. Among them, he said they overlooked signs Smith was excessively medicated. She slurred her speech and staggered when she walked, both symptoms visible at her appearance on the American Music Awards.
Botello said Smith's history with alcohol abuse was another sign she was inclined towards addiction.
Yet the defense went back to Smith's underlying problems: chronic pain, sleeplessness, anxiety and stress. They said all the conditions were relieved by medications.
The judge questioned the very foundation of the felony charges, saying many could ultimately become misdemeanors
"The prosecution had a dead celebrity and a bunch of low-level misdemeanors," Perry said.
Prosecutor Sean Carney rebutted the judge's comment, saying three agencies, including the DEA, reviewed the evidence. He said all had opinions that felonies had been committed.