Anna Nicole Drug Case Goes to the Jury

It's now up to 12 men and women to determine whether Howard K. Stern and two doctors illegally procured drugs for the late celeb

It's now up to a jury to decide whether Anna Nicole Smith kept really bad company.

After nine weeks of testimony, the prosecution wrapped up its rebuttal argument Friday in the drug conspiracy case against Howard K. Stern and doctors Khristine Eroshevich and Sandeep Kapoor, all of whom are accused of procuring prescriptions for Smith by illegal means.

But the prosecution might be lucky that the case hasn't entirely unraveled.

Los Angeles Superior Court Judge Robert Perry clashed frequently with Deputy District Attorney Renee Rose throughout the trial and has already cleared Stern of 2 of 11 felony counts because he didn't feel the evidence was there to convict.

But the case remains largely intact, despite Perry's questions about validity, and the six-man, six-woman jury is scheduled to start deliberations Tuesday morning.

The defense—which cut the nine-week trial mercifully short by opting not to call any witnesses—has argued that Smith was in chronic physical and emotional pain and the defendants just wanted to do all they could to help her.

"Where's the chronic pain?" Rose argued in court today, maintaining that Smith was an addict who wasn't just taking painkillers, but a variety of antianxiety medications, as well.

Smith died in February 2007 of an accidental overdose after ingesting a large amount of chloral hydrate, which she used as a sleep aid. A former bodyguard of Smith's testified that he had witnessed her drinking the sedative straight from the bottle in the months leading up to her death.

"You don't get to second-guess doctors," Rose told the jury. "You do get to decide whether they acted responsibly and in good faith. There's no place in the law where there is an exception for a celebrity."

Stern is still facing nine felony counts of conspiracy; unlawfully prescribing a controlled substance, obtaining a prescription for opiates by fraud, deceit or misrepresentation; obtaining a prescription for opiates by giving a false name or address; and prescribing, administering or dispensing a controlled substance to an addict.

Kapoor, an internal medicine specialist, and Eroshevich, a psychiatrist, are each charged with six felony counts.