Anna Nicole Smith boyfriend likely to escape jail

Thu Jan 6, 2011 1:18pm EST
 
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By Jill Serjeant

LOS ANGELES (Reuters) - Anna Nicole Smith's former boyfriend should get probation rather than a prison sentence after being convicted for helping keep the late Playboy model supplied with prescription drugs before her death, prosecutors have recommended.

They also recommended that a doctor convicted last October after a lengthy trial in Los Angeles should be placed on probation and given community service for her part in a conspiracy to keep Smith pumped up with drugs, according to court papers.

Smith's ex-lover and lawyer Howard K. Stern, 42, and psychiatrist Khristine Eroshevich, 63, are due to be sentenced on Thursday.

The pair were convicted in October of using false names to obtain a cocktail of painkillers, muscle relaxants, anti-depressants and anti-anxiety drugs for Smith. They could be sentenced to more than three years in prison.

A third doctor was acquitted and none of the defendants were charged in the 2007 death of Smith, 39, from an accidental prescription drug overdose.

"The people believe that based on the defendants' lack of prior criminal records, and based upon the jury verdicts, that a sentence of probation is appropriate," prosecutor Sean Carney wrote in a sentencing memorandum released on Wednesday.

"The defendants, however, should be required to pay a significant fine and perform community service to provide a sufficient deterrent against future criminal conduct, and to provide a general deterrent to the community at large," he added.

Carney recommended that both Stern and Eroshevich be given five years probation, 300 hours community service and a $5,000 fine.

Lawyers for the pair have asked for a new trial, or for the convictions to be thrown out. They argued at trial that Smith needed the medications for legitimate purposes and that fake names were used to protect her privacy.