LOS ANGELES - Prosecutors refusing to accept an appellate court's ruling in the Anna Nicole Smith case asked the court on Friday to change its decision and allow her former boyfriend and manager to be retried.
California's 2nd District Court of Appeal ruled last month that Howard K. Stern could not be retried without violating the Fifth Amendment protection against double jeopardy. Attorneys in the office of District Attorney Steve Cooley filed a 19-page motion for rehearing that contends the court misinterpreted the law.
The court said a trial judge erred in dismissing conspiracy convictions against Stern and Smith's psychiatrist, Dr. Khristine Eroshevich, in a case that partially revolved around obtaining prescription drugs for the celebrity model under false names. The defendants were not charged with causing her death.