December 02, 2010 04:24:42 GMT
Howard K. Stern said through his lawyers that it is common for doctors to prescribe pills under false names in order to protect privacy.
Anna Nicole Smith's ex-boyfriend Howard K. Stern is fighting his conviction on charges of conspiring to use a false name to supply drugs to the late model. Earlier this year, Stern was found guilty on two charges of conspiracy, for giving false names and acting by fraud to obtain prescriptions for the late Playboy star, who died in 2007.
His legal team has now filed a motion at a court in California calling for the charges to be overturned, claiming it is "common practice" to use false names on prescriptions for celebrities in Los Angeles "to protect privacy".
The motion states Stern believed Smith's medic Dr. Khristine Eroshevich was right to prescribe medication to the late star under a different name. Eroshevich was found guilty of two conspiracy charges, as well as one count of unlawfully prescribing a controlled substance and another of unlawfully obtaining a prescription by giving a false name. They both face sentencing in January.
Stern's lawyers have asked for a retrial or reduction of his two convictions to misdemeanors if the request for a dismissal is refused, according to the Beverly Hills Courier.