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Judge to Anna Nicole jury: Deadlock is option

Jurors struggling to reach decisions on some charges against former model's two doctors, boyfriend

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updated 10/27/2010 4:19:23 PM ET 2010-10-27T20:19:23

LOS ANGELES — A judge has told jurors in the Anna Nicole Smith drug conspiracy case they should not hesitate to declare a deadlock if they can't agree on verdicts.

The judge made the remarks after jurors indicated in notes they are struggling to reach decisions on some charges against the former model's two doctors and boyfriend.

The questions submitted Wednesday involve what the jury should do if unable to reach a verdict on "a count or an object crime." The jury also asked whether it would be correct to conclude Smith's drugs had no legitimate medical purpose if jurors find the prescriptions were written in excessive amounts. The judge told them the answer was no.

Howard K. Stern and Drs. Sandeep Kapoor and Khristine Eroshevich are charged with conspiring to give Smith excessive drugs.

Copyright 2010 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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Photos: Anna Nicole Smith

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  1. Texas teen

    Anna Nicole Smith's photo is seen in a 1985 Mexia (Texas) High School yearbook under the name Nikki Hart. School officials say Smith went by the name Nikki Hart during her brief tenure there. (Reuters) Back to slideshow navigation
    Related video Anna Nicole's turbulent life

  2. Short, tragic life

    The cover of the June 1993 Playmate of the Year issue of Playboy magazine featured Anna Nicole Smith. Smith, the pneumatic blonde whose life played out as an extraordinary tabloid tale -- jeans model, Playboy centerfold, widow of an octogenarian billionaire, reality-show subject, tragic mother -- died Thursday, Feb. 8, 2007, after collapsing at a Hollywood, Fla., hotel. She was 39. (Playboy) Back to slideshow navigation
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  3. She had drive

    Smith holds a Texas license plate that reads "PMOY 93" (Playmate of the Year). (Time & Life Pictures) Back to slideshow navigation
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  4. Happy husband

    Millionaire J. Howard Marshall II made headlines in 1994 when he married Smith. She was 26 and he was 89. He died Aug. 5, 1995, when he was 90. Smith and Marshall's son, E. Pierce Marshall, battled over Marshall's estate. The boy next to Marshall is Smith's late son, Daniel. (Sipa Press) Back to slideshow navigation

  5. Daniel's short life

    Smith and her son Daniel, 13, leave a federal courthouse in Los Angeles on Oct. 27, 1999. His body was found in the Bahamas on Sunday, Sept. 10, 2006. A coroner's report ruled the death was caused by an overdose of anti-depressants and methadone. (Nick Ut / AP) Back to slideshow navigation
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  6. Fighting for her share

    Smith listens in court in Houston with her attorneys Tom Cunningham and Howard Stern on Monday, Oct. 2, 2000. Sixteen jurors, four of them alternates, were seated to hear the lawsuit where Smith laid claim to a share of the oil fortune of her deceased husband, J. Howard Marshall II. Smith married the Texas oil tycoon in 1994 and he died the following year. Stern later reportedly married Smith and claimed to be the father of Dannielynn Hope Marshall Stern. (Steve Ueckert / Pool via AP) Back to slideshow navigation
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  7. Back to work

    Smith is surrounded by members of KISS at the conclusion of the Lane Bryant show featuring plus size fashions in New York on Tuesday, Feb. 5, 2002. The legendary rock band gave a live performance throughout the runway show, which kicked off New York Fashion Week. (Robert Mecea / AP) Back to slideshow navigation

  8. Activist

    In this handout image from PETA, Smith poses as Marliyn Monroe for a 2004 ad campaign titled, Gentlemen Prefer Fur Free Blondes. PETA's Michael McGraw said in reaction to Smith's death, "She was a great friend to animals and used every opportunity to speak out against senseless cruelty." (PETA via AP) Back to slideshow navigation
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  9. Hot pink

    Smith walks the runway at the Heatherette fashion show during Olympus Fashion Week in New York on Feb. 12, 2004. (Matthew Peyton / Getty Images) Back to slideshow navigation
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  10. Always outrageous

    Smith feigns a "wardrobe malfunction" before announcing Rikku in "Final Fantasy X-2" as the Hottest Character award winner during "G-Phoria -- The Award Show 4 Gamers" in Los Angeles on Aug. 1, 2004. (Jim Ruymen / Corbis) Back to slideshow navigation
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  11. Strange behavior

    Smith waves during an appearance backstage during the Live 8 concert in Philadelphia on July 2, 2005. The production company behind the concerts claimed in a lawsuit against Trimspa Inc. that its reputation was damaged by Smith's attire and conduct. Smith, a spokesperson for Trimspa, was not named as a defendant in the lawsuit. (Coke Whitworth / AP) Back to slideshow navigation
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  12. Wowing the Supremes

    Smith and her lawyer Howard K. Stern leave the U.S. Supreme Court on Feb. 28, 2006. In a unanimous decision, the court ruled that Smith could continue her claim for part of her late husband's fortune. (Manuel Balce Ceneta / AP) Back to slideshow navigation
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  13. Home sweet home?

    Smith holds her daughter Dannielyn Hope and poses with Stern and "Entertainment Tonight" co-host Mark Steines at the couple's home in the Bahamas on Saturday, Oct. 28, 2006. Businessman and former boyfriend G. Ben Thompson threatened to evict Smith from her Bahamas home, claiming she wasn't making the mortgage payments. (Entertainment Tonight via AP) Back to slideshow navigation

  14. No sign of trouble

    Smith watched a boxing match from near ringside at the Seminole Hard Rock Hotel and Casino in Hollywood, Fla., on Wednesday, Jan. 6, 2007. She died Feb. 8, 2007. (Hans Deryk / Reuters) Back to slideshow navigation
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  15. A mother mourns

    Smith's mother, Virgie Arthur, center, and her husband James Arthur, left, embrace as the coffin of Anna Nicole leaves a Bahamas church on March 2, 2007, as the former Playboy model headed to her final resting three weeks after her death. A throng of Bahamians, tourists and media crushed behind police barriers as the pink-laced white coffin was carried into the Mount Horeb Baptist Cathedral in Nassau, Bahamas, for a funeral ceremony closed to all but 300 invited guests.The church was reportedly filled with pink roses, and sources close to the funeral said Smith's body was clad in a gown and tiara. (Robert Sullivan / AFP - Getty Images) Back to slideshow navigation

  16. Laid to rest

    Locals stand before the grave of Smith at the Lakeview Memorial Gardens in Nassau, Bahamas, on March 2, 2007. (Robert Sullivan / AFP - Getty Images) Back to slideshow navigation

  17. 'I told you so!'

    Larry Birkhead rejoices after hearing in a Bahamian court on April 10, 2007, that he has been proven to be the legal father of Smith's baby, Dannielynn. Birkhead later hugged Howard K. Stern, who had been acting as the baby's father. (Christine Aylen / AP) Back to slideshow navigation

  18. Derby day with daughter

    Birkhead and Dannielynn feed a pony at the Kentucky Derby Museum in Louisville, Ky., on Wednesday, April 28. 2010. Birkhead, a Louisville native, first met Anna Nicole at a 2004 party around the famous horse race. (Charlie Riedel / AP) Back to slideshow navigation

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