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Anna Nicole Doc: No Grassy Knoll Here

4/22/2010 4:12 AM PDT BY TMZ STAFF

One of the doctors charged in the Anna Nicole Smith drug case claims prosecutors have no evidence he conspired to pump Smith full of unwarranted prescriptions -- so he's asking the judge to throw out some of the charges.

anna nicole smith

Dr. Sandeep Kapoor's lawyer, Ellyn Garofalo, filed legal papers asking the judge to reject -- once and for all -- the prosecution's claim that Kapoor teamed with Howard K. Stern and Dr. Khristine Eroshevich to fuel Anna Nicole with scripts.

In the docs, Kapoor claims he prescribed drugs for Anna before he even met Eroshevich. Kapoor also claims he actually refused to fill a prescription wish list Eroshevich faxed him.

Kapoor also challenges the allegation he obtained Anna's prescriptions by "fraud, deceit, or misrepresentation," according to the filing.

In the court papers, Kapoor acknowledges filling a prescription for Anna under a pseudonym, but he claims he only did so to protect her privacy -- and not to "divert drugs for illegal sale or use."

Even if the judge grants the motion, Kapoor would still face 4 other counts.


23 COMMENTS

No Avatar
16.

Just Askin    

Wheres the docs TMZ?

1541 days ago
17.

lala    

These are not doctors these are criminals! professional doctors dont hang around and party with a patient and give her all the drugs she wants! Howard was controlling Anna and her son why did they both die?! Yea everyone here should be charged and do some time! Howard Stern is a con artist aka lawyer slimeball! If anna never had this man in her life she and Daniel would be alive today!

1540 days ago
18.

M    

I am outraged at the continued abuse Dr. Kapoor continues to be subjected to, both by the media and by the Attorney General's office. The state's case against him seems flawed and suggests politcal agendas are the real motivation. In all these high profile cases no one places responsibility on the person taking medications. Unfortunately, this woman made poor choices and died.

1540 days ago
19.

Beth Ann    

Do the math!



2004
6/1/04 Kapoor’s first rx for ANS



6/9/04 and 6/29/04 Kapoor rx’d hydromorphone on three different occasions to ANS
6/09/04 - 9/22/06 Kapoor rx’d excessive amounts of opiates to ANS
6/29/04 Kapoor and HKS discussed the dispensing of medication for ANS
12/7/04 Kapoor and HKS discussed referring ANS to an addiction
2005
1/21/05 Last rx written for ANS by Dr Victor Kovner. During six month overlap Dr Kovner rx's were decreasing while Kapoors were increasing
5/25/05 Kapoor rx’d 450 methadone = 4500 mg. For this 27 day period Kapoor rx’d ANS 16.66 tablets a day
6/27/05 When ANS was pregnant Kapoor INCREASED the amount he rx’d her in Ativan equiv to 2808
7/05 to 5/06 Kapoor rx’d excessive amounts of sleep aids and benzos
8/19/05 Kapoor rx’d 120 Diazepam 120 Clonazepam
8/22/05 Kapoor rx’s 90 Xanax
9/14/05 Kapoor 120 Clonazepam
9/15/05 Kapoor rx’d 90 Xanax
10/1/05 Kapoor rx’d 450 = 4500 mg methadone
11/28/05 Kapoor rx’d another 450 methadone
2006
2/9/06 Kapoor rx’d alprazolain (Xanax) to ANNA N. SMITH from a pharmacy in LA
2/10/06 Kapoor rx’d Ambien to HKS not a patient of SK and Ambien and Xanax to ANS as well as 450 Methadone to MC 14 days LA pharm 35.14 a day
2/23/06 Kapoor rx’d Ambien and Xanax to ANS from LA pharm
2/24/06 Kapoor rx’d methadone to Michelle Chasefrom LA pharm
3/13/06 Kapoor rx’d Ambien and Xanax to ANS and Ambien to HKS who was not a patient of SK from LA pharm
3/13/06 and 6/7/06 HKS paid for the controlled substances rx’d in his name intended for ANS using ANS’s credit cards.
3/13/06 Refill of Feb 10 Kapoor to HKS Ambien
4/14/06 Kapoor rx’d methadone lorazepam Xanax to MC from LA pharm
4/24/06 - 5/2/06 Kapoor and HKS saw ANS who had been admitted to a hospital in Los Angeles County California for opiate withdrawal and prenatal care.
6/7/06 Kapoor rx’d Ambien to HKS not a pt of SK from LA pharm.
8/8/06 Kapoor shipped 500 ml liquid methadone and syringes – Michelle Chase
8/16/06 Kapoor methadone to Michelle Chase
8/19/06 HKS picked up from LA pharm
8/20/06 HKS flew to Bahamas
8/25/06 Kapoor rx’d methadone to Michelle Chase
8/25/06 HKS requested LA pharm ship methadone to Nassau Bahamas in the name of Vicki Marshall
9/11/06 - 9/22/06 Kapoor acted with knowledge that ANS was an addict.
9/12/06 Kapoor rx’d two (2) prescriptions for hydromorphone to MC
9/12/06 Kapoor rx’d hydromorphone and Dilaudid to Michelle Chase
9/12/06 Kapoor to Michelle Chase
9/12/06 Kapoor rx’d two separate RX’s for hydromorphone to MC
9/15/06 KE faxed a prescription for Michelle Chase to Kapoor
9/15/06 Kapoor forwarded KE FAX for Michelle Chase
9/15/06 HKS informed would not be filled.
9/15/06 Kapoor warned of the dangers
9/15/06 pharmacist informed Kapoor would not be filled.
9/15/06 HKS instructed by a pharmacist to have KE contact another doctor to discuss the requested prescription for Michelle Chase
9/15/06 KE called another doctor to discuss the prescription for MC
9/15/06 On or about KE informed of the dangers ANS s/b hospitalized on a heart monitor and be admitted to an addiction rehabilitation clinic
9/22/06 Kapoor rx’d controlled substances to Michelle Chase
9/22/06 Kapoor rx’d hydromorphone to Michelle Chase

1540 days ago
20.

sky    

"There's somthing strange hovering over this house and it's big enough to punch ahole right thru the ceiling!"



Nice try Ali Baba if it just weren't for those pestky pictures of you with Anna IN THE GAY PARADE and at the gay bar. damn facts suck for you. In the end we usually do it to ourselves.



GO VIRGIE ! JOHN O"Quinn was a saint etc. etc.



sternies are stupid alledgedly

1540 days ago
21.

In the Know    

Everybody ever wonder why "ONLY SWIM IN THE OCEAN" always has these incredibly elegant rambling point by point responses in every story about Sandy Kapoor, also known to her friends as "SUE ELLEN", after the Drunk Slutty Dallas TV Series character? They are concised well written and appear AFTER every TMZ story rebutting the accusations/nasty bits of information, snipey comments point by point and always declaring Sue Ellen will be found not guilty, that the court is going through the process, yaddah, yaddah,yaddah, etc. etc. etc.



Well the reason for this is that ONLY SWIM IN THE OCEAN gives all appearances of being written by Sue Ellen herself -maybe by one ofr little friends so they can't trace the IP address to him - but Sue Ellen is doubtless the mastermind of ONLY SWIM IN THE OCEAN.



Go back and watch the interview with Harvey and then compare the speech patterns of Sue Ellen and writings of ONLY SWIM IN THE OCEAN.



LOLOLOLOLOLOLOLOLOLO To Sue Ellen - any press is good press - HA HA HA HA HAHA HA



Frankly I think his @$$ is going to prison and he will lose his license - but what do I know???!!!



Sue Ellen get a tube of lube and get ready to be the bitch that you have always aspired to, IN PRISON!



Just saying.....

1540 days ago
22.

silkwood    

21.



Every statement in your ramblings totally discount the truthfulness of your knowledge. Only Little lou lou will believe your opinions. so sad that you waste your time spouting such nonesense.

1522 days ago
23.

M. Olson, BSN    

It's great that a drug/med. profile will be taken of the members of the jurors! It's time that we evaluate those who judge others and attempt to determine someone's guilt or innocence, especially when respectable and highly reverened persons futures are being questioned, such as the Doctors' integrities. Statistics have shown that some of the most addictive persons are "everyday housewives" if you want to know what their medicine cabinets show! So, before Stones are cast lets find out who is casting the wrong stones and in the wrong directions! Keep the faith, Doc's, you're in our prayers. God will prevail! Toodles! Keep smiling! Mahalo!

1367 days ago
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