Two down, and Howard K. Stern is hoping more will follow.
The judge presiding over Stern's trial threw out two of 11 felony charges filed against Anna Nicole Smith's former companion, who's accused of knowingly facilitating the prescription-drug use of an addict.
Charges of obtaining of obtaining a prescription for methadone and Dilaudid by fraud, deceit or misrepresentation and obtaining the two drugs by giving a false name are no longer on the table.
L.A. Superior Court Judge Robert Perry, who has vocally expressed his dissatisfaction with the prosecution's "kitchen-sink" case, also threw out 18 of 39 overt acts cited in one of the conspiracy charges against Stern and Dr. Sandeep Kapoor.
The trio are accused of conspiring to provide excessive opiates and sedatives to a person they knew was addicted.
There are 81 overt acts listed in the entire case and Perry has warned prosecutors that they might want to trim a few themselves so that the jury has a chance at understanding such a complex case.
Both sides rested their cases on Monday, with the defense opting not to call any witnesses. Closing arguments have been postponed until next Monday while the judge considers various defense motions.
Perry said this week that some of the charges filed against Stern, Eroshevich and Kapoor should have been misdemeanors.
Deputy District Attorney Sean Carney has defended their case, saying they are convinced that felonies were committed.
"After three days, the case remains intact," D.A. spokeswoman Sandi Gibbons tells E! News.
The defense, meanwhile, has argued that Smith wasn't an addict, but was in chronic pain and needed various meds to sleep, etc.
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