09/21/2010 AT 5:40 PM ET
Since the trial began on Aug. 4., Los Angeles Superior Court Judge Robert Perry has expressed concerns about the prosecution’s case – namely that Stern and Smith’s personal physician Sandeep Kapoor, 41, and psychiatrist Khristine Eroshevich, 61, conspired to give an addict highly addictive drugs.
On Monday, Perry said next week he would consider a request by the defense to dismiss some of the charges.
The judge didn’t specify which charges could get tossed out, but he has said he doesn’t think testimony from prosecution witnesses supports two of three conspiracy charges.
According to the judge, those charges hinge on the legal definition of the term “addict.” Prosecutors must also prove that Smith was, indeed, a drug addict.
According to a pain management expert who testified on Monday, Smith’s doctors never diagnosed her as a prescription drug addict.
The defense contends that Smith suffered chronic pain, including from rib injuries in 2004 and from childbirth, and that she was devastated over the death of her son, Daniel.
The defendants have pleaded not guilty to all charges including obtaining a prescription by deceit – a charge that might survive legal review, as there is evidence that many of Smith’s medications were prescribed under false names.