Did record producer Phil Spector kill Lana Clarkson, or was it an "accidental suicide"?

Posted on: June 14, 2007 at 1:05 a.m.

Los Angeles prosecutors have built their case against Spector on three evidence pillars: (1) numerous female friends of Phil Spector have testified that while intoxicated he used a gun to threaten them because he did not want them to leave, or tried pressuring them to have sex; (2) Spector's limo driver saw Spector come out of the house with a gun stating "I think I just killed somebody" with blood on one of his hands; and (3) the forensic evidence through the coroner, and other criminalists, indicated that this was not a suicide, and that Phil Spector was in the proximity of Clarkson at the time of the shooting. The criminal defense lawyers litigating this case argue that the forensics (blood spatter and other evidence) demonstrate that Spector was at such a distance from Clarkson that he could not have pulled the trigger. The defense has not yet started presenting their witnesses. However, their world renowned criminalist Henry Lee has been found by the judge to possibly have discarded or destroyed evidence from the crime scene, such that a prior defense lawyer on the case may be called by the prosecutors to testify to discredit him. In either event, this case is proving to be a fascinating example of the dynamics of criminal jury trials, the rules of evidence, criminal law and procedure, expert witness testimony, prior "bad acts" evidence, and how a good judge can take control of the court to focus everyone on the evidence in the case, rather than the lawyers' conduct.

Tagged as: high profile defense, jury trial defense

Comments:

Law Blog on June 30, 2007 at 12:37 a.m. wrote:

Example of Aggressive Cross Examination - Defense Expert Di Maio on the Witness Stand (questioned by prosecutor Alan Jackson); His Opinion that Deceased Killed Herself is being Examined: Deputy Dist. Atty. Alan Jackson asked DiMaio if he shaped his testimony 'depending on which way it benefits Mr. Spector, your client.' DiMaio smiled dismissively. In his third and final day on the stand, DiMaio again said gunshot residue, blood and tissue stains on Clarkson's hands and arms and the fact that she was shot in the mouth led him to believe she committed suicide in Spector's Alhambra home on Feb. 3, 2003. DiMaio is the former chief medical examiner of Bexar County, Texas. Disputing the Los Angeles County coroner's ruling of Clarkson's death as a homicide, he also said he believed Clarkson was depressed about financial troubles and stalled acting aspirations. Jackson asked DiMaio why he did not mention Spector's background, which included gunpoint threats against women, in his written assessment of her death. 'This report was intended for you, and I figured you already knew this,' DiMaio said, looking not at Jackson but at the jurors. Jackson again sideswiped DiMaio's credibility: 'The hallmark of any credible expert is to ensure the expert is 100% objective, correct?' 'Correct,' DiMaio replied. DiMaio said Clarkson had far more gunshot residue on her hands than Spector, which supported the position that she fired the gun. Jackson asked DiMaio if it wasn't possible that Spector washed his hands, since Clarkson's blood was smeared around the house by Spector, yet there was no blood on his hands when he was arrested. DiMaio said there was no blood on the taps of the bathroom sink, so Spector probably did not wash his hands. Jackson asked if Spector could have rinsed his hands in the toilet, where a bloody rag was found. 'You usually wash your hands in the sink, not the toilet,' DiMaio said, prompting laughter from the jury. 'What if you just killed somebody?' Jackson snapped. DiMaio said a panicked person would revert to habit and use the sink, not the toilet. He repeatedly said he doubted Spector would have washed in the toilet, which prompted Jackson to ask, 'Again, isn't it the hallmark of a credible expert that you don't shade your testimony toward one side or the other?' 'Correct,' DiMaio again replied. When DiMaio said Clarkson, who stood nearly 6 feet tall and was in excellent physical condition, could have wrestled the gun from the diminutive Spector's hands, Jackson asked if DiMaio was being 'ridiculous.' 'Have you ever taken a gun from someone's hands?' Jackson asked. 'I've done it on two occasions,' DiMaio replied. 'Are you not shading your testimony to benefit one side?' Jackson again asked. Just before DiMaio finished, Spector attorney Christopher J. Plourd asked him if he had any interest in the outcome of the case. 'No,' DiMaio said. 'That last answer was a real big shocker,' Jackson said.

Law Blog on June 21, 2007 at 9:21 p.m. wrote:

The prosecution is completing its case with forensics testimony: coroner's testimony as to the cause of death being homicide, gun shot residue (GSR) showing that Spector has GSR on him, and blood spatter testimony showing Spector had 'back spatter him.' Further the testimony demonstrated that Spector may have literally attempted to place the gun into the deceased's hand, after the shooting, as there were smudges on the gun and her left hand consistent with this conclusion. In sum, the prosecution evidence showed Spector was within a few feet of the deceased at the time of the shooting, and tried to manipulate or stage the crime scene --which is known as 'consciousness' of guilt. While all this is compelling evidence of Spector pulling the trigger and killing Clarkson, the Defense has yet to present witnesses, and the accused is still presumed innocent. Recently, the Law Blogger has provided some television commentary on these issues on CourtTV, which operates a websites http://www.courttv.com and provides more analysis on these legal issues.

Law Blog on June 20, 2007 at 1:26 a.m. wrote:

Los Angeles Criminal Prosecutors have called Spector's former lawyer, Sara Caplan, to testify in their case in chief. Ms. Caplan's testimony would pre-emptively impeach defense criminalist Dr. Henry Lee, showing that he recovered a small white object from the crime scene (possibly a fingernail, consistent with the chipped nail noted on the decedent Lana Clarkson). Dr. Lee has denied recovering the object, under oath, in a hearing outside the presence of the jury. Attorney Caplan has refused to testify, and has been found in contempt by trial judge Fidler. She is appealing the contempt finding, which would send her to jail if the Appeals Court does not intervene. The upshot is that criminal defense attorneys, be they in Los Angeles, California, or any other jurisdiction in the United States, should be careful about visiting the crime scene, or take the risk of becoming a witness at trial.

Eric T. on June 15, 2007 at noon wrote:

For those who are confused about what the case is about below is a good summary of each side. Prosecutors allege Spector shot Clarkson in the mouth in his foyer. Clarkson had gone home with the pop producer after meeting him at the House of Blues, where she was a hostess. The defense argues Clarkson shot herself and is likely to suggest the gun could have belonged to her. The snub-nosed Colt Cobra revolver was not registered. Note information taken from: http://www.examiner.com/a-766020~Jurors_hear_from_lead_detective_in_Phil_Spector_case.html

Law Blog on June 14, 2007 at 10:57 p.m. wrote:

Congenital defects do not appear to be relevant to Spector's defense, as it claims Spector did not pull the trigger, but rather the alleged victim did. Inherited brain damage would be relevant in a case the defense says 'yeah he did it..but he was insane because of: (1) 'psychotic diagnosis' from a medical doctor, stating that when the crime was committed he did not understand right from wrong, and (2) the diagnosis is supported by a history of mental illness. This type of defense is known as Not Guilty by Reason of Insanity, and is often used in cases where defendants have a substantial history of mental illness, civil commitments, and/or clear symptoms of psychosis.

Rianne H on June 14, 2007 at 5:44 p.m. wrote:

I heard yesterday that Phil Spector's parents were first cousins (I am not sure if that is true) and that this fact may have caused Spector to experience genetic mutations that led to his anti-social and sometimes violent behavior. Is there anything there that would lessen his charge, if he were convicted? Would any defense lawyer in his right mind use this approach?

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Did record producer Phil Spector kill Lana Clarkson, or was it an "accidental suicide"?

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