The Judge in the case has told prosecutors that the evidence presented by them didn't support their case against Howard K Stern and Anna Nicole Smith doctors Sandeep Kapoor and Khristine Eroshevich.
Los Angeles Superior Court Judge Robert Perry termed the case "kitchen-sink prosecution" in which charges were thrown "against these defendants in the hope something survives."
Stern, 41, Anna Nicole's lawyer and long term companion, Kapoor, 41, a doctor who specializes in internal and geriatric medicine, and Eroshevich, 61, a psychiatrist, are accused of conspiring to illegally provide the former Playboy model with prescription drugs before she died.
The Judge termed the prosecutors "overzealous" and opined they "appeared to be winning above fairness."
They were building their charges on evidence that didn't connect.
"It seems that the prosecution is saying, 'Look at all the drugs she took…these people are guilty."
"So, the prosecution had a dead celebrity and a lot of low-level misdemeanors."
Closing arguments in the case will be presented on Thursday.
The judge will consider a defense motion to toss some of the 11 felony counts before giving jury instructions on deliberations, expected to start next week.
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