Los Angeles ? A prosecutor sprang a surprise claim Friday that Anna Nicole Smith was a co-conspirator in the actions that have brought her two doctors and lawyer-boyfriend to trial for over-prescribing and obtaining massive amounts of prescription drugs.

“I think it’s obvious she was part of the conspiracy because she wanted this medication,” Deputy District Attorney Renee Rose said during a pretrial hearing.

“It’s a surprise to me,” said Superior Court Judge Robert Perry. “It’s a different situation if she’s orchestrating it.”

Rose responded, “There’s no reason for a doctor to overprescribe if she is not asking for it.”

It was unclear how the claim of Smith’s involvement could affect the case. Perry, however, said he was not going to dismiss any charges at this time against the defendants.

Dr. Sandeep Kapoor, Dr. Khristine Eroshevich and Howard Stern have pleaded not guilty to conspiring to illegally provide the former Playboy model with opiates and sedatives. They are not charged in the overdose death of Smith in 2007 in Florida.

Rose alleged in court that Smith had e-mailed Bonnie Stern, the sister of Howard Stern, asking for medication to be delivered to Smith in the Bahamas. The e-mails between Smith and Bonnie Stern were found on Smith’s computer after she died, Rose said.

Rose wants to introduce the e-mails as evidence at the upcoming trial and believes she can do that if she names Smith and Bonnie Stern as uncharged co-conspirators in the case.

A telephone listing could not be found for Bonnie Stern. Efforts to reach her were unsuccessful.

Earlier, the judge said he was barring all evidence linking the defendants to Smith’s fatal drug overdose because they were not charged with causing her death.