Transcript Phil Spector Trial

Phil Spector Trial
Murder of Lana Clarkson
Arrest of Phil Spector
February 3, 2003



Record producer Phil Spector was
arrested early that morning at his
Alhambra mansion. Police were
summoned 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 of
Dr. 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 how
LAPD handled blood evidence collected at the
crime 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
Opening
statements (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 lawyer
Bruce Cutler quits (8/26/07)





Famous New York defense lawyer Bruce Cutler was
allowed to quit the Spector defense team on 8/26,
after testimony came to an end.
Cutler successfully defended alleged mob boss
John Gotti Sr. at three trials.
Spector was concerned that the bombastic demeanor
Cutler 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 house
and found him pointing a gun at her
New car. When she objected he
pointed the gun at her, ordered her back
inside 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’s
home after a small party when he
ordered her back in at gunpoint to have
sex. He “put [a gun] all over me” and
said he would blow her brains out
if 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 and
Melissa 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
Security guard (7/10/07)

Vincent Tannazzo, a security guard
for Joan Rivers, said he twice kicked
out Spector from parties in the early to
mid 90’s, once for flaunting a gun and
another 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.
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 evidence
and 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 her
e-mails before ruling that her death was murder.
Defense attorneys confronted Dr. Pena with
excerpts 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 her
left 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 from
victim’s dress
– Procedure criticized by defense for
disturbing 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 realworld (one used a sponge).
Attorney Sara Caplan (7/10/07)
Det. Richard Tomlin, LASD (7/23/07)



Caplan was found in contempt by Judge
Fiedler for reusing to testify and was
threatened with jail.
After the California Supreme Court refused
to hear her appeal, Caplan testified that
she called Dr. Lee’s attention to a small
white 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 evidence
and 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; patterns
on Spector’s clothes show he was far away
– Bruising of tongue and body movement
caused by expanding gun gases
– Her hands had much more gunshot residue
than Spector’s. She also had tissue on her
arms 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 shoot
themselves in the mouth and rarely kill
themselves outside their homes
Robert Middleberg – forensic
toxicologist (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 Leetsma
Neuropathologist (8/8/07)




Clarkson’s position, slumped with legs out,
is consistent with suicide.
Bodies can spasm hours after death (cited doctor
reports about persons guillotined during the
French Revolution.
Cannot determine whether Clarkson’s death was murder or suicide
But -- persons cannot exhale blood five seconds after a fatal shot
Dr. Michael Baden
pathologist (8/14-16/07)




Clarkson did not die instantly because her
spinal cord was not completely severed. She
lived for several minutes after the shot.
– This explains why she could cough out
blood, and at a distance
– She might have done it while Spector was trying to help her, thus
explaining 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, playwright
David 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 they
would come see the play and recognize his
talent. 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-Riedl
Clarkson’s friend (7/11-12/07)




Clarkson “was absolutely out of her mind
depressed” 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 want
to 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 Robitaille
Former employee, friend, lover (8/21/07)






Employed by Spector at his record label in
the 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 that
cord 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 she
took a breath after the gunshot
Gun caliber not large, may not have completely
severed 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 evidence
Los 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”
Defense 10 points, argued during closing
Source: Los Angeles Times, 9/10/07
Prosecution’s
closing argument (9/5/07)





Emphasized driver’s statement, forensic
evidence 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 argument
by Atty. Linda Baden (9/6/07)
Case goes to jury (9/10/07)


“Isn’t it interesting that the prosecution never
told 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 impasse
on 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 murder
and manslaughter
Los Angeles Times, 9/19/07



Jurors were told that to find Spector guilty of
murder, they had to conclude he acted
"deliberately with conscious disregard for
human 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 Fiedler
withdrew 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. Judge
Fiedler declared a mistrial. The D.A.’s office
said the case would be retried.
The foreman, who was one of two who voted
for 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