Kate Ward
September 21, 2010 AT 10:52 PM EDT

People reports felony charges against Howard K. Stern and Anna Nicole Smith’s two doctors could be dismissed. The trial against Stern and physician Sandeep Kapoor and psychiatrist Khristine Eroshevich, who are being charged with conspiring to give the late reality star addictive drugs, kicked off Aug. 4, but the judge on the case has voiced his concerns about the prosecution’s case. In court Monday, Los Angeles Superior Court Judge Robert Perry said he would consider the defense’s motion to dismiss some charges. In order for the charges to remain, prosecutors must prove that Smith was a drug addict. (The defense, meanwhile, claims she experienced chronic pain.) Stern, Kapoor, and Eroshevich have all pleaded not guilty to charges.

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