Judge questions 2 charges in Smith trial

LOS ANGELES Outside the jury's presence, Superior Court Judge Robert Perry questioned whether the prosecution can prove two key conspiracy charges against Smith's two doctors and lawyer-boyfriend, /*Howard K. Stern*/.

The two counts targeted by Judge Perry are at the heart of the case, accusing the three defendants of conspiring to prescribe, administer and dispense controlled substances to an addict and obtaining and dispensing prescriptions by fraud and use of false names.

The judge also voiced concerns about the propriety of at least eight overt acts listed to support the 11-count case against the three defendants.

/*Dr. Sandeep Kapoor*/, /*Dr. Khristine Eroshevich*/ and Stern have pleaded not guilty. They are not charged with Smith's overdose death in 2007.

/*Smith*/ died of a drug overdose in Florida in 2007.

The Associated Press contributed to this report.

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