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Anna Nicole Trial -- Don't Tell Jury About Election

7/12/2010 9:30 PM PDT BY TMZ STAFF

Prosecutors in the Howard K. Stern trial -- in which Stern and others are accused of fueling Anna Nicole Smith's drug addiction -- want the judge to prohibit defense lawyers from telling the jury the two honchos involved in the prosecution are running for election.

0712_howard_k_stern_anna_nicole_jerry_brown_Getty_EXAccording to legal docs obtained by TMZ, the D.A. does not want to "distract the jury into making their determination based on whether they like or dislike the candidates, or based on some perceived motivation for the prosecution." 

Attorney General Jerry Brown, who played a vocal role in the investigation, is running for Governor of California.  L.A. County District Attorney Steve Cooley, whose office is prosecuting the case, is running for Attorney General.

The D.A.'s motion asks the judge to exclude questions or arguments designed to show "the investigation was somehow motivated by these elections rather than the desire to determine whether crimes had been committed."

But Ellyn Garofalo, the lawyer for defendant Dr. Sandeep Kapoor, tells TMZ, "The prosecution seems to be acutely sensitive to allegations that have been swirling in the press for months -- that the prosecution is politically motivated." 

Garafalo tells TMZ she will file legal papers this week, asking prosecutors to ante up legal docs that reveal the motive for prosecuting Dr. Kapoor.

28 COMMENTS

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1.

FABIO    

First...

1508 days ago
2.

Horndog    

That Brown is running for governor is hardly a secret in California. Cooley for AG, not so much. If being a douche bag was a crime Stern's attorneys would have worked out a plea bargain already. Same for Joe Francis but that's a different story.

1508 days ago
3.

Laur    

I feel for Howard, I really do. This has been a ploy against him since the beginning. When do drug addicts take responsibly for themselves? If ALL enablers were prosecuted a lot of mom's and wives would be in jail today for enabling there loved ones. That's life. The DR. yes should be prosecuted, but not Howard IMO

1508 days ago
4.

Ana    

This prosecution is not politically motivated. It's legal and needed because Howard K. Stern was giving both Anna Nicole and her son- Danny, prescription drugs that they should never have had access to. The doctor is guilty as well. I'm happy that this woman and her son would have not died in vain.

1508 days ago
5.

chalkoutline    

Uh, garafalo, he's being prosecuted for his illegal and shoddy way of practicing medicine. You can't dispense methadone like m&m's. You have to see the patient every month and only prescribe one months worth at a time. Never mind the rest of the drugs he was prescribing by the semi-truck load. Why did he have multiple and differing medical records, some in his damn closet. He has also prescribed incorrectly for other patients.

And finally, he was engaging in sexual follies with her. Don't hand me that gay carp, he was still kissing and lickin on her like a slobbery puppy. UNPROFESSIONAL

And the same goes for stern and eroshebitch.

1508 days ago
6.

Sad sad    

Oh, this gonna be good. Grabbing the popcorn.

1508 days ago
7.

awards    

Didn't Jerry B. have sex with Nicole?

1508 days ago
8.

TexasGirl    

I can understand why doctors should be prosecuted for something like this...they have a license and a duty to all of us to not do harm and prescribing drugs to an addict like this IS certainly doing harm. As far as Howard goes, I feel really sorry for him that he lost two very important people in his life and now is having to go through this. He must be a really strong person to endure all this crap! I'm sure Howard had somewhat of a problem too if he spent all of his time with Anna who was obviously an addict, so I don't see how prosecuting him for this is for any reason other than publicity. Sad that this is what our justice system is used for.

1508 days ago
9.

Fiama    

Right, like Jerry Brown and Steve Cooley gave Anna so much drugs she made that clown video.

1508 days ago
10.

Richard    

Fake Howard Stern was obsessed with Anna Nicole. He KILLED her. I cant stand that bastard. MURDERER! SUE ME!

1508 days ago
11.

TMZ@Froggy.biz    

Lilo will end up like Anna Nicole

1508 days ago
12.

Lynn M    

The wheels of justice are not paying attention to this election.This stuff takes time; time to gather evidence, time to charge, time to procecute. The election timing should have nothing to do with this. If they are not guilty,they have nothing to worry about. Regardless of the outcome of this trial, which many are happy to see, I will not vote for Brown. Been there, done that, no more time as CA Governor for Mr. Moonbeam.

1508 days ago
13.

Lynn M    

That was "prosecute". Should've proof read before posting.

1507 days ago
14.

Only swim in the Ocean    

The Defense has every right to put forth whatever theories it deems appropriate. It is none of the prosecution's business.

The people need to know if their public officials are corrupt. When it walks like a duck ...

1507 days ago
15.

anonymous    

Does TMZ ever pay attention to our comments?

Posted at 6:20 PM on Jul 12, 2010 by Kimbo
_________________________________


Yep I'm sure they do. For some strange reason I've had a few deleted.

1507 days ago
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