Artist News Legal

Defence begins, crime scene visit planned: Spector trial update

By | Published on Tuesday 27 January 2009

So, as expected, the case for the defence in the second edition of the Phil Spector murder trial kicked off yesterday, with Spector’s new lawyer Doron Weinberg hoping to give a more conclusive presentation to the jury than the mish-mash of defence attorneys that represented Spector in the first trial.

Like the defence in the first case, Weinberg is expected to focus on the mental state of Lana Clarkson, the woman Spector is accused of shooting dead. Spector, of course, claims she shot herself.

From the start Spector’s legal people have argued Clarkson was depressive and quite probably suicidal in the months leading up to her death, and therefore capable of shooting herself.

Weinberg is expected to question in particular why the authorities didn’t do a “psychological autopsy” on Clarkson to officially ascertain her state of mind.

He’ll concentrate on that aspect not only because it may convince the jury that the former actress was capable of shooting herself, but also because it implies the authorities immediately assumed Spector was guilty and did not conduct their investigation with an open mind, perhaps, Weinberg presumably hopes, throwing further doubt on the case against the legendary music producer.

Unlike the first defence case, Weinberg is also expected to show evidence that his client can be rude and occasionally violent towards men as well as women. In what could backfire and become a counter-productive move, Weinberg wants to show that while Spector can fly off the handle at times, he does so towards both men and woman.

Presumably being portrayed as a grumpy man capable of sudden violent mood swings is not as bad as being portrayed as a sinister misogynist. Weinberg will have to hope that while running through his client’s gun wielding runs in with men, he is still able to convince the jury that while Spector may occasionally pull guns on people, he isn’t capable of firing one.

But before all that, Judge Larry Fidler yesterday initially concerned himself with Weinberg’s request to take the jury to Spector’s home, ie the scene of the crime.

The prosecution have objected to the request, claiming that when the jury in the first trial went to the Beverly Hills mansion the defence team manipulated the fountain outside the house, so that it was noisier than normal, in a bid to throw doubt on one of the prosecution’s most important witness testimonies – that by the producer’s former driver, who was outside the house on the night of the shooting, and who claims he hard Spector say “I think I killed someone” across the property’s drive way.

The defence, the prosecution argued, were trying to make it seem like the driver couldn’t possibly have clearly heard what his boss said over the noise of the fountain.

Despite all that, Fidler said Weinberg could take the jury to Spector’s home, but added that the fountain should be turned off while they’re there, and also that Spector’s current young wife should not be present.

The case, as they say, continues.



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