Phil Spector Trial

Murder of Lana Clarkson

Arrest of Phil SpectorFebruary 3, 2003

Record producer Phil Spector wasarrested early that morning at hisAlhambra mansion. Police weresummoned by a limo driver who dropped off Spector and actress Lana Clarkson, 40, and was waiting in the mansion’s driveway. According to the limo driver, several shots were fired, then Spector came out and said “I think I killed somebody.”

Officers who entered the mansion found Clarkson in the foyer, slumped over a chair, dead of a gunshot wound to her temple. Spector resisted arrest, was Tasered and then tackled. A handgun believed to be Spector’s was recovered.

Spector allegedly told officers the incident was an accident. He then claimed that it was a suicide.

Evidentiary hearings

Spector’s initial admission &later exculpatory statements

At a suppression hearing Spector asked that his admission to officers that he accidentally shot the victim be suppressed because he was under the influence of prescription drugs. His motion was denied. Judge Fiedler ruled that this admission can be introduced.

Spector’s lawyers also asked to introduce later exculpatory statements made by Spector to police, that Clarkson’s death was by her own hands, either an accident or a suicide. Judge Fiedler repeatedly refused to allow these statements in unless Spector takes the stand and can be cross-examined.

The strange case ofDr. Henry Lee

Dr. Henry Lee, former Connecticut State criminalist, is an expert in forensic serology. His testimony helped gain OJ’s acquittal.

Two former members of Spector’s defense team, attorney Sara Caplan and investigator Stanley White, testified that Dr. Lee took what looked like a fragment of an acrylic fingernail from the scene. It could suggest that Clarkson’s hand was in front of her face, not on the trigger.

Dr. Lee vigorously denied taking the item. But judge Larry Fiedler ruled that he withheld evidence. Prosecutors can mention the item and attack Dr. Lee’s credibility if he takes the stand.

Dr. Lee later told his hometown newspaper that from “from day one they (were) probably trying to set me up." In later comments Dr. Lee said he was “severely offended” by the judge’s ruling and that if he testified it would be “on his schedule” and would cost the defense a lot of money, as he would be traveling in China.

Henry Lee at the O.J. trial

Testified there was "something wrong" in howLAPD handled blood evidence collected at thecrime scene that was matched to O.J.

– Transfer stains inside containers of supposedly dry blood samples.

– "Something, somebody . . . put the swatch in the (package to) cause such a transfer. Who did it? What happened? I don't know,“ he said. "Only opinion I can give you under these circumstances: Something's wrong."

Defense argued this proved that the blood was tampered with. Prosecution argued any staining had been caused by heat buildup.

Dr. Lee also testified to shoe prints, blood spatter and other evidence, in each case taking the position of the defense. Although his opinions were subjective and some were highly qualified, his testimony was considered devastating to the prosecution.

Victim’s computer entries,including her diary

The defense wants to introduce Dana Clarkson’s “diary”found in her computer

This diary, “The Story of my Life” described...– An interest in the occult, including visions of an actress who killed herself– Depression with her acting career– A “fascination” with guns– Drug problems when she was young– Heavy drinking

Prosecutors knew about the diary but felt it was not trustworthy – that it could not be authenticated, that it could have been part of Dana Clarkson’s work for a creative writing class she took. They did not give it to the coroner to use in evaluating the cause of death.

There was also an e-mail to a friend, “despairing over financial problems and [saying that she] wanted to get her affairs in order and ‘chuck it’.”

The judge criticized prosecutors for “over-explaining” and questioned how one could keep the victim’s words out of the trial. But he found diary entries made in the 80’s and 90’s too old to be relevant, so he only allowed the more recent e-mails to come in.

Opening statements

April 25, 2007

Openingstatements (4/25/07)

Prosecution: murder– Victim sitting with handbag, ready to leave– Spector told driver “I think I killed somebody”– Gun belonged to Spector– Spector used diaper to wipe blood from revolver and victim’s face– Blood spray on Spector’s jacket showed he was within three feet– Spector tried to wash off gunshot residue (GSR)– Spector used guns in past to threaten women who resisted his advances

Defense: “accidental suicide”– Police jumped to conclusions– Victim playing, accidentally shot herself

Loaded the gun (her DNA on cartridges) Limited blood spatter on Spector and absence of GSR on his right

sleeve– Limo driver was sleepy, not native speaker, mistook what Spector said– Women to testify are “bitter ex-girlfriends” looking for money and notoriety

Defense lawyerBruce Cutler quits (8/26/07)

Famous New York defense lawyer Bruce Cutler wasallowed to quit the Spector defense team on 8/26, after testimony came to an end.

Cutler successfully defended alleged mob bossJohn Gotti Sr. at three trials.

Spector was concerned that the bombastic demeanorCutler displayed during opening arguments and cross-examination “did not sit well” with the jury. He was also worried that the judge was “targeting” Cutler.

Spector was also miffed that Cutler took time off to work on a new TV show, missing courtroom sessions and the jury’s field trip to Spector’s house.

Cutler told the judge "I do not agree with the strategy which will be employed in presenting the defense in this case to the jury on summation. I can no longer effectively represent my client under those conditions."

Prosecution case-in-chief

Pattern evidence

Dorothy Melvin (5/3/07)

In 1993 she was at Spector’s houseand found him pointing a gun at herNew car. When she objected hepointed the gun at her, ordered her backinside and ordered her to strip. She went inside and they argued. She was finally able to leave, leaving her handbag behind.

She asked police to help her retrieve her handbag. Officers who responded temporarily handcuffed Spector while they helped the victim.

Prosecutors played a message Spector left on her answering machine: “Be very careful what you say to me because nothing you say is worth your life."

She did not report the incident to police -- she said she was Joan Rivers’ manager and wanted to avoid a scandal

She stayed in touch with Spector. She never again saw him alone

Dianne Ogden (5/7/07)

In 1989 she was leaving Spector’shome after a small party when heordered her back in at gunpoint to havesex. He “put [a gun] all over me” andsaid he would blow her brains outif she didn’t spend the night. On another occasion he threatened her with an “Uzi” as she tied to drive away.

She felt affection towards Spector, called him generous and charming and said he only turned vicious when he got drunk.

She did not come forward voluntarily – D.A.’s investigators tracked her down in Utah.

Stephanie Jennings andMelissa Grosvenor (5/9/07)

Stephanie Jennings– Two-year romance with Spector in 1990’s.– In 1995 Spector got drunk at a party in a

hotel. When she refused to have sex he slapped her, blocked the door, pointed a gun at her and said she could not leave. She was terrified and called police.

– Did not think he would have purposely shot her, but feared it could have happened accidentally. She did not tell officers that he pointed a gun.

– Tapes played of Spector cursing, that he would “put her out of business.” – She is a photographer, sold pictures of Spector to the Enquirer for $1,000.

Melissa Grosvenor– In 1992 Spector flew her to Pasadena and put her up in a hotel.– When she tried to leave the mansion he pulled a gun, pressed it to her face and

said “If you try to leave I'm going to kill you.” She slept on a chair.– Convicted in 1989 of embezzlement (stole from a bank where she worked).– Defense attorney said she tried to keep a sister from testifying. She said she

only told her sister not to lie. She said that her sister was an addict and was being paid by Spector.

Vincent Tannazzo, a security guardfor Joan Rivers, said he twice kickedout Spector from parties in the early tomid 90’s, once for flaunting a gun andanother time for being belligerent.

– On the first occasion, Spector said that all women “deserve a bullet in their head.”

– The second time, Spector said, of a woman, “I’m gonna put a bullet in her head.”

– Tannazzo admitted he never called police.

Vincent TannazzoSecurity guard (7/10/07)

Prosecution case-in-chief

Night of the event

Rommie Davis, Kathie Sullivan,bartenders, security tape(5/10, 5/14/07)

Rommie Davis had dinner with Spector. He drank two daiquiries. She thought that his behavior had deteriorated due to drinking.

Kathie Sullivan visited several restaurants and clubs with Spector later that night. They ended up at the House of Blues. She described an incident in 1997-1998 when Spector was seeing her and a friend off. He came down the stairs with a rifle or shotgun and escorted them to their car, saying that the gun was for “protection”. They thought he looked like Elmer Fudd.

Spector was drinking “Navy grogs” that night, which contain three kinds of rum.

Spector sent Sullivan home about 2 am. Security footage showed Spector and the victim getting into a limo about 2:24 am, less than three hours before her death.

Adriano DeSouza –Spector’s driver (5/15 – 5/22/07)

Occasionally worked as Spector’s driver. Spector invited Clarkson, VIP room hostess at the

House of Blues to the mansion. She at first declined because she had to work the next morning. She told DeSouza “just for one drink.” Spector yelled at her for talking to the driver.

About 5 am DeSouza was waiting in the mansion driveway when he heard a “pow.” Spector stepped out with a gun and said “I think I killed somebody.” Blood dripped from a finger. DeSouza asked what happened and Spector shrugged. DeSouza walked into the mansion and saw the body. DeSouza drove off and called 911.

DeSouza admitted that he once said “shot” but “killed” was correct. He defended his English. Videos of interviews indicate he understands English. DeSouza said he is illegally in the U.S. and that his deportation was deferred for the trial.

Prosecution case-in-chief

Physical evidenceand forensics

Coroner Dr. Louis Pena – Cause of death (5/29 to 6/1/07)

Positively ruled the death a homicide– Coroner’s special role – to determine

cause of death Circumstantial evidence

– Spector’s statement to driver– Clarkson’s presence at a stranger’s house– Clarkson’s death by another person’s gun– Only drawer opened was one containing gun– No history of depression or attempted suicides– Drugs she was taking had been prescribed by a neurologist for headaches

Physical evidence– Gun was wiped down after its use– Left front pocket of Spector’s pants stained with her blood– Tongue bruised, consistent with barrel being shoved in her mouth– Evidence indicates trigger pulled while the gun was inside her mouth– Death instantaneous, she could not exhale or cough out blood– Gunshot residue on her hands is expected

Dr. Louis Pena (6/4 – 6/5/07)

Dr. Pena admitted that he did not read all here-mails before ruling that her death was murder.

Defense attorneys confronted Dr. Pena withexcerpts from Lana Clarkson’s recent e-mails:

– "I'm giving up the dream and therefore the struggle“– "Things are pretty bad. I won't go into detail, but I'm on the verge of losing it

all" (She was heavily in debt, suffered from severe headaches and was in pain from breaking her arms in a fall.)

When the prosecutor read longer passages from the e-mails, placing these comments in context, Dr. Pena said that her talk about “giving it up” meant giving up on her acting career, not suicide.

Dr. Pena also noted that she made plenty of positive comments, wrote of future plans and sent holiday greetings. He found no basis for changing his opinion on the cause of death.

Det. Mark Lillienfeld –Murder weapon, motive (6/5/07)

“Unregistered” murder weapon found next to victim. Open drawer in nearby table had a matching holster. Same ammunition found in home and two other revolvers found upstairs.

Gun wiped of blood; bloody diaper in bath. Shotgun resembling gun used to threaten

Dorothy Melvin also found upstairs. Many phones in residence -- none were used

to call for help Dark interior, lit candles, alcohol, brandy

snifter, ginger ale, Viagra suggest sexual motive

Defense attorney criticized failure to use of hairnets and booties to prevent contamination

No evidence that victim’s clothes were ripped or torn

Criminalist Steve Renteria –Blood evidence (6/12/07)

Spector’s DNA not found under Clarkson’s nails (goes against theory of a struggle)

Small amount of Spector’s DNA found on herleft breast, and DNA which is to a much lesser certainty hers in Spector’s groin area

– Suggests sexual contact (consensual?) Only Clarkson’s DNA found on the gun.

– Touching can transfer DNA, so defense says this rules out Spector holding the gun

– According to Renteria, DNA from victim’s blood would overwhelm DNA deposited by someone who might have held the gun.

No blood spatter found on floor or walls– Consistent with someone standing in front

of Clarkson when the shot was fired

Hairs, fibers, fingerprints,firearm (6/13 – 6/18)

Acetate tape used to lift hairs and fibers fromvictim’s dress

– Procedure criticized by defense fordisturbing blood patterns

– Criminalist said she was careful to stay away from the blood

Photos of Clarkson’s hands “did not turn out” – cannot tell if it’s spatter or freckles on her hand

No fingerprints at all found on murder weapon or ammunition

– Criminalist testified that usable prints are rarely recovered from firearms

Firearms expert– Ammunition used to kill the victim was rare

and identical to other ammo in the home – Gun used in the killing could not go off

unless someone pulled the trigger– Gun discharged inside victim’s mouth

Dr. Lynne Herold –LASD Crime Lab (6/19 – 6/20)

Clarkson’s body was moved and tampered with– Victim’s blood was on the gun. Blood on

raised surfaces was smeared, as though the gun was wiped down.

– Blood on Clarkson's face was also smeared. A bloody diaper found in the bathroom may have been used to wipe her face and/or gun.

– Bloodstain on the chair shows that her head was turned from right to left. Victim did not do this -- the gunshot was incapacitating.

– Purse was hanging on her shoulder backwards, an awkward way to carry

– Blood stains inside Spector’s pants pocket suggest he put the gun there

Spatter patterns on Spector’s clothes show he was within two to three feet.

– Citing studies, defense said spatter from a shot in a contained area could go to seven feet. Dr. Herold said studies were not real-world (one used a sponge).

Attorney Sara Caplan (7/10/07)Det. Richard Tomlin, LASD (7/23/07)

Caplan was found in contempt by JudgeFiedler for reusing to testify and wasthreatened with jail.

After the California Supreme Court refusedto hear her appeal, Caplan testified thatshe called Dr. Lee’s attention to a smallwhite object on the floor and that he placed it in a vial.

– She said was the size of a fingernail. The defense claims this is too large an item to be the fragment of an acrylic fingernail missing from one of Clarkson’s fingers.

Det. Tomlin testified that no such object was ever turned over to investigators.

Defense

Physical evidenceand forensics

Dr. Vincent J. DiMaio –Forensic Pathologist (6/26 – 29)

Prominent retired Chief Medical Examiner "People...try to make suicides homicides.” Physical evidence proves she shot herself

– Spatter can go six feet or more; patternson Spector’s clothes show he was far away

– Bruising of tongue and body movementcaused by expanding gun gases

– Her hands had much more gunshot residuethan Spector’s. She also had tissue on herarms and blood spatter on her hands.

– She was depressed, used alcohol and drugs– "She's the one who fired the gun...and

probably didn't think of the consequences.It was...stupid...based on alcohol.”

– Spector was too weak to overpower her –she could have easily taken the gun away

– Conceded that most suicides don’t shootthemselves in the mouth and rarely killthemselves outside their homes

Robert Middleberg – forensictoxicologist (7/18/07)Stuart James – blood spatter (7/23/07)

Middleberg said it was impossible to tell if Spector was drunk the night of Clarkson’s death

– Urine tests can over-estimate BAC– Without conducting experiments on the

person in question one cannot say if a 135-pound man would become drunk after consuming, in one night, “a daiquiri, two Navy Grogs containing three shots of liquor in each, and four additional drinks.”

James said there is no consensus among experts on how far spatter can travel from an intra-oral wound

– Estimates range from inches to as much as six feet depending on the size of blood drops and how much force or pressure was involved

Dr. Werner Spitz,forensic pathologist (7/25-27/07)

Former Detroit chief medical examiner. testified in Kennedy assassination. Wrote a text used in medical schools. Gets $5,000/day.

Clarkson’s wound self-inflicted– Drinking and prescription painkiller could

have impaired Clarkson’s judgment– Wounds to mouth almost always suicide– Blood and gunpowder on her hands, tissue

on her sleeves indicates self-inflicted– Gunshot caused bruising in mouth– “Last cough” when artery was broken and

force of gunshot like a “fire hose”, sprayed blood/tissue 6 feet +. Spector would have had more blood on him if he was close.

Prosecutor asked why none of the victim’s sprayed blood was on the rug or furniture. Dr. Spitz said he couldn’t comment as he didn’t see the other evidence.

Dr. Jan LeetsmaNeuropathologist (8/8/07)

Clarkson’s position, slumped with legs out,is consistent with suicide.

Bodies can spasm hours after death (cited doctorreports about persons guillotined during theFrench Revolution.

Cannot determine whether Clarkson’s death was murder or suicide But -- persons cannot exhale blood five seconds after a fatal shot

Dr. Michael Badenpathologist (8/14-16/07)

Clarkson did not die instantly because herspinal cord was not completely severed. Shelived for several minutes after the shot.

– This explains why she could cough outblood, and at a distance

– She might have done it while Spector was trying to help her, thusexplaining the stains on his jacket

No medical evidence that Spector’s finger was on the trigger “To a reasonable degree of medical certainty” the wound was self-inflicted

– Broken fingernail indicates her thumb was on the trigger– Mouth wound is characteristic of suicides

Vigorous prosecutor cross-examination– Baden accused of tailoring his explanation, of waiting until the last moment

to bring up the spinal cord issue. But Baden said he only thought of it issue over the weekend. He called it an “ah ha!” moment

– Baden is the husband of Spector attorney Linda Baden. He insists that however the trial comes out is of no consequence to him.

– Baden’s fee will total $120,000

Defense

Mental state

John Barons, playwrightDavid Schapiro, friend (7/10/07)

Barons said that Clarkson was not very talented– Only cast her in a production because she

had Hollywood contacts and he hoped theywould come see the play and recognize histalent. Agreed this was “pretty shallow” on his part.

– He eventually fired her because she was “erratic” and “demanding” Schapiro gave police e-mails he received from Clarkson

– “I am truly at the end of this deal. I am going to tidy up my affairs and chuck it, because it is really all too much for one girl to bear anymore.”

– “I’ll have to bite the bullet and start doing amateur strip contests.” Schapiro agreed that Clarkson often exaggerated

– He didn’t worry about her being suicidal

Jennifer Hayes-RiedlClarkson’s friend (7/11-12/07)

Clarkson “was absolutely out of her minddepressed” about money and her career

– Borrowed clothes to wear at work– Broke up with a man she hoped “was the one”– Did not have money for rent or food– Drank too much and combined painkillers and alcohol

Clarkson “never gave up hope” that “it” (a successful career) would happen Clarkson knew how to use guns

– Appeared in roles where guns were used– Went shooting at the Beverly Hills Gun Club

Described a prospective defense witness, Punklin Laughlin, as someone “who can’t remember anything”

– She accompanied Laughlin to meet with a defense investigator to help remind her of things

Punklin Laughlin –Clarkson’s friend (7/12, 7/16-18)

Claimed to be Clarkson’s “soulmate.” Talked to Clarkson on phone a few days

before her death. Clarkson said "I don't wantto live anymore. I don't want to live in this town. I want to end it.“

Clarkson used drugs and alcohol. She was “despondent” over her failed acting career and money problems.

Clarkson broke down when movie director Michael Bay didn’t recognize her On cross-examination Laughlin said...

– She didn’t mention the phone call or depression to detectives because she had been warned to have a lawyer when talking with police and sidn’t want to hurt anyone

– Admitted she spoke with a publicist and a writer after her friend’s death.– Denied her testimony might be biased because she promotes a nightclub

partly owned by a friend of Spector.– Denied ever saying “we need to fry that bastard for killing Clarkson”

Prosecution later introduced a letter where Laughlin wrote: “My Lana...my sister...was violently taken from me at the hands of Phil Spector."

Gregory Sims, Clarkson’s friend (7/24/07)Richard Munisteri, lawyer, House of Blues (7/31/07)LASD computer analyst Thomas Fortier (8/1/07)Donna Clarkson, Lana Clarkson’s mother (8/13/07)

Sims is an independent producer, had a “platonic” relationship with Clarkson. Spoke with her a week before her death

– She was despairing of her love life and career– Prosecutor asked if Clarkson was one of those people trying to make it in

the entertainment business who had “hope and perseverance.” Sims said yes.

Munisteri said that Clarkson made $9/hour as a hostess Fortier searched Clarkson’s computer for "murder," "depression" and "suicide.“

– Keyword “depression” appeared twice, once in an Oct. ‘02 message from her to a friend, "The depression level I am experiencing makes me very spent and worn out,“ and in an e-mail to her about depression screening at Cedars-Sinai Medical Center

– Keyword “suicide” did not appear on her computer Donna Clarkson found forged letters of reference from prominent entertainment

executives in her daughter’s home– Defense claims Lana Clarkson intended to use them to obtain a loan

Prosecution rebuttal

Patrick Terzian, Clarkson’s agent (8/1-6/07)Nili Hudson, Clarkson’s friend (8/2/07)Michael Bay, film director (8/6/07)Donna Clarkson, Lana’s mother (8/13/07)

Terzian said Clarkson was not “over-the-hill”– She was a “successful working actress”,

“beautiful, outgoing and talented”– Just before her death she was “ecstatic” about two new modeling jobs

Hudson said Clarkson was not depressed in the weeks preceding her death and that it was “absurd” to think her suicidal

– In 10/02 she came out of a serious fall with two broken wrists “excited... happy....like she'd always been: hard-working, tenacious, a self-starter.“

– Clarkson was going shopping for shoes that would be easier on her feet– Received a note from Punkin Pie Laughlin that said: “My Lana, my best

friend...was violently taken from me at the hands of Phil Spector." – Hudson admitted that she thought Spector was “absolutely guilty”

Bay was asked about Punkin Pie Laughlin’s assertion that Clarkson broke down when he didn’t recognize her at a party

– He knew Clarkson well and had used her for a Mercedes commercial– Clarkson was “funny” & “saucy”. He would not have purposely snubbed her

Donna Clarkson said she went shopping for shoes with Lana Clarkson the afternoon of her death. Her daughter bought seven pairs.

Devra RobitailleFormer employee, friend, lover (8/21/07)

Employed by Spector at his record label inthe late 70’s

Had an affair with him (she was married) Spector, who had been drinking, tried to keep her from leaving a party

at his house. This happened in the 1970’s.– He locked the door, then pointed a shotgun at her and threatened

to blow her head off. The barrel touched her temple. It felt cold. – She told him to put the gun down, and he did. He unlocked the

door and let her out. He threatened her again with a shotgun in 1986, at another party She did not think he would actually shoot her She was paid $9,000 for media interviews in Great Britain about this

case

Dr. John Andrews,neuropathologist (8/22/07)

Bullet hit spinal cord dead center. Very unlikely thatcord was not completely severed.

Clarkson could not have “breathed, coughed, spit or moved” after this took place

– It was “inconceivable,“ “impossible“ and “not medically reasonable“ that she could have “lingered” or coughed blood after the bullet transected her spinal cord.

– Humans are not like chickens, who can run around after their heads are cut off. Transection “abolishes” human reflexes.

The examples given of those guillotined during the French Revolution relates only to muscle contractions, not to the circumstances in this case

Defense surebuttal

Dr. Werner Spitz,forensic pathologist (8/23/07)

Clarkson’s lugs had some air left, indicating shetook a breath after the gunshot

Gun caliber not large, may not have completelysevered the spinal cord. Enough of a connection left to transmit an electrical impulse that resulted in a cough, accounting for blood spatter on Spector’s jacket.

Spinal cord damage noted at autopsy was “compounded” by the body being moved from the scene

Miscellaneous and closing

Jury visits scene Competing view of physical evidence Closing arguments Verdict Sentencing

Jury visits mansion(8/9/07)

Spector “welcomed” jurors to the mansion.He was dressed casually.

Jurors toured some of the mansion’s rooms.Photos were displayed to help them connect these rooms to trial testimony.

Jurors were allowed to:– Sit in a chair just like the chair where Clarkson sat, trying to recreate the

position in which she was found.– Sit in a car positioned where the limo was parked when the shot was fired.

Jurors were not allowed to:– See the room where Spector’s blood-spattered jacket was found– Sit in a car in a driveway with the windows closed and A/C on– Listen from outside when someone set off a loud noise in the mansion with

the doors closed. Jurors spent about an hour at the mansion.

Charge – 2nd. Degree Murder

Jury will decide only on this charge Murder (187a PC): “Murder is the unlawful killing of

a human being, or a fetus, with malice aforethought.” Malice (188 PC): “Such malice may be express or implied.

– It is express when there is manifested a deliberate intention unlawfully to take away the life of a fellow creature.

– It is implied, when no considerable provocation appears, or when the circumstances attending the killing show an abandoned and malignant heart.”

Proving that someone not acting in self-defense knowingly pointed a loaded gun at another person may be enough to establish malice (see later slide)

Degrees of murder (189 PC): “All murder which is...willful, deliberate, and premeditated...is murder of the first degree. All other kinds of murders are of the second degree.”

Penalty for 2nd. Degree murder is 15 years to life. 85% of the sentence must be served.

Competing views of physical evidenceLos Angeles Times, 8/13/07

Diaper soaked in blood– Prosecution: Spector used it to wipe blood from gun– Defense: Spector used it to staunch Clarkson’s bleeding

Up to 18 tiny drops of Clarkson’s blood found on Spector’s jacket– Prosecution: places Spector up close, within three feet– Defense: if he was that close his jacket would have been soaked in blood

Blood on Spector’s trousers– Prosecution: blood inside pocket shows Spector put the gun there– Defense: lack of blood on trouser legs shows he was standing far away

Blood on Clarkson on her dress, not her extended legs– Prosecution: proves blood spatter was short-range– Defense: her legs splayed out later, when she slumped in the chair

Gun found under Clarkson’s left ankle (she was right-handed)– Prosecution: if she held gun it would have fallen on the other side– Defense: police moved the gun

See next slide for defense “10 points”

Source: Los Angeles Times, 9/10/07

Defense 10 points, argued during closing

Prosecution’sclosing argument (9/5/07)

Emphasized driver’s statement, forensicevidence and pattern testimony

Criticized “experts”: “If you hire enough lawyers who hire enough experts who are paid enough money, you can get them to say anything”

Said that the conclusions of the three defense pathologists (Spitz, DiMaio, Baden) were identical and filed within five days of each other – “a script”

Defense witnesses had different explanations for how the victim came to shoot herself

Doesn’t matter whether the gun discharged accidentally, on purpose or during a struggle. Do not have to prove intent to kill.

Defense closing argumentby Atty. Linda Baden (9/6/07)Case goes to jury (9/10/07)

“Isn’t it interesting that the prosecution nevertold you how this could have happened?”

– “Who put the gun in Lana Clarkson's mouth and who pulled the trigger?”

– Answer: Lana Clarkson Great emphasis on concept of reasonable

doubt, as raised by... – Clarkson’s suicidal tendencies– Reports that almost all intra-oral

gunshot wounds are self-inflicted– Limited amount of blood spatter on

Spector’s jacket– Absence of blood on Spector's cuffs– Claims that blood spatter could have

traveled six feet: "Every inch back from that 2 ½ feet is an inch of doubt... here...there are feet of doubt."

Jury reaches an impasseon the seventh day

After six days of deliberation the jury asked for clarification of reasonable doubt. All the judge can legally do is repeat the instruction.

Later that day jurors reported they were split 7-5, with the direction not stated. Nine said the split was final, three that it was not.

When questioned by the judge, several jurors said they were confused by special instruction number 3 (see later slides.)

Judge Fiedler sent them home. He considered including a lesser offense of manslaughter (see next slide).

– Defense vigorously objected– Prosecution was in favor

Judge Fiedler later changed his mind, fearing that the jury might feel pressured to find guilt on manslaughter.

Distinguishing between murderand manslaughterLos Angeles Times, 9/19/07

Jurors were told that to find Spector guilty ofmurder, they had to conclude he acted"deliberately with conscious disregard forhuman life.“

Manslaughter requires recklessness, but not knowledge of a threat to life. California jurors often look for the "I don't care" attitude.

– "If you can show they were aware a life could be lost, yet in the face of that, exhibited that 'I just don't give a damn whether this person dies or not' attitude, then a [murder] conviction becomes a real possibility...If jurors can see reason or logic, despite recklessness, they often opt for manslaughter, rather than murder.”

– Recklessness: A driver late for a job interview tries to pass a car on a blind curve across a double yellow line. He collides with an oncoming car and kills the driver.

– Murder: A game of Russian roulette, where one person spins the gun’s cylinder and presses the barrel against another’s temple. The clear awareness that a life could be lost makes the survivor a murderer.

Redrawn jury instructions

On the afternoon of 9/20/07 Judge Fiedlerwithdrew special instruction no. 3 (next slide).

He replaced it with a new instruction: To convict Spector it must be proven that he did something like...

– Place the gun in Clarkson’s mouth or forced her to place the gun in her mouth at which time the gun discharged;

– Pointed the gun at Clarkson to prevent her from leaving the house, causing a struggle, at which time the gun discharged

Fiedler said these are only some of the inferences that jurors might draw from the evidence. He also reminded the jury about implied malice.

Defense called the instruction coercive, an attempt to “unscramble an egg”.

Legal experts agree that it presents the jury with more options for finding Spector guilty.

Special instruction number 3

“As I have instructed you, to be guilty of the crime of which the defendant is accused, second degree murder, the defendant must have committed an act that caused the death of Lana Clarkson. It is the prosecution’s contention that the act committed by the defendant that caused the death of Ms. Clarkson was (to) point a gun at her, which resulted in the gun entering Ms. Clarkson’s mouth while in Mr. Spector’s hand. The prosecution bears the burden of proving that defendant Spector committed that act. If you do not find that the prosecution has proved beyond a reasonable doubt that the defendant committed that act, you must return a verdict of not guilty.”

The prosecution originally objected to this instruction because it did not take into account other ways in which Clarkson might have died; for example, in a struggle over the gun.

Mistrial

On 9/26, after 10 full days of deliberation,the jury hung 10-2 for conviction. JudgeFiedler declared a mistrial. The D.A.’s officesaid the case would be retried.

The foreman, who was one of two who votedfor acquittal, said these factors played a role:

– Prosecution did not effectively counter the defense experts and other witnesses who suggested Clarkson might have committed suicide. He said a “psychological autopsy” should have been done.

– Prosecution did not establish that Spector had held the gun when Clarkson was shot

– The driver’s testimony was undercut by his videotaped remark to police that his English was not perfect and that he was not positive about what he heard

Analysts credit Phil Spector’s wealth for the hung jury– He could afford a large, first-class defense team of seven lawyers, several

investigators and a number of expert witnesses