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Anna Nicole Smith's primary doctor, who was acquitted in the late model's high-profile drug prescription case, has been subpoenaed in a separate investigation, his attorney said Friday.

"It's outrageous," said Ellyn Garafalo, who represents Dr. Sandeep Kapoor. "This shows that this is a vendetta."

She said Kapoor was standing outside the courtroom where a judge dismissed most charges against Kapoor's co-defendants on Thursday when he was handed a subpoena by a process server representing the California Medical Board.

Garafalo said the board is investigating cases unrelated to the Smith case.

She said Kapoor has treated many severely ill patients and has written numerous prescriptions for them.

Kapoor was tried with Howard K. Stern and psychiatrist Dr. Khristine Eroshevich on charges of excessively prescribing opiates and sedatives for the former Playboy model. A jury acquitted him of all charges.

After a long and costly trial prosecution, Superior Court Judge Robert Perry threw out conspiracy convictions against Stern and Eroshevich, allowing one charge against her to remain but reducing it to a misdemeanor.


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