It was another dramatic day in the courtroom as final remarks were made.
Smith's nannies were a corner piece for the prosecution's case of alleged conspiracy, but Steve Sadow, the attorney for Howard K. Stern, said the testimony was tainted.
He cited early affidavits which showed no accusation that Stern provided excessive drugs to the former Playmate. Sadow said that accusation came later when they sought to sell their story.
One nanny testified Smith took medication from a bottle with Stern's name. Later, she said she couldn't read.
Prosecutor Renee Rose elicited testimony from the other nanny who hadn't heard her co-worker's confession to illiteracy.
Rose asked, "Did you ever do anything to help her write?" "Yes, I taught her to write Mr. Stern's name," she answered.
Sadow suggested that Smith's nannies were more than happy to help prosecutors. The district attorney's office flew the women and their families from the Bahamas to Los Angeles to testify at a cost of $41,000.
Their defense is that Smith was in legitimate pain from medical records that preceded the alleged conspiracies to the worst calamity of her life--the death her son days after giving birth to her daughter in the Bahamas.
Prosecutor Rose got the final word. She said Stern sought multiple doctors to obtain meds for Smith.
But Rose raised fireworks with Judge Perry as she recounted, with questionable accuracy, the testimony of the nannies and how often Smith was in a drugged-out state.
The judge ordered out the jury and said he is very concerned that he may have a prosecutor who misrepresents evidence.
He warned of a possibility that he may allow the defense yet another chance to respond to the prosecution's case.
The defendants are not charged in the Playboy model's 2007 death, which was ruled as an accidental drug overdose.