So, the prosecution called their final witness in the ongoing Phil Spector murder trial yesterday - which, three weeks into the defence's case, is a bit confusing, but there you go.
LA detective Richard Tomlin was called at this late stage because his testimony only made sense in the context of that finally given by former Spector defence lawyer Sara Caplan ten days ago, in which she said that, shortly after the police left the crime scene back in 2003, she saw a forensics expert hired by the defence team - the prominent Dr Henry Lee - pick up a white fragment, possibly a bit of acrylic finger nail, and put it into a vial. The prosecution, of course, claim that that was a crucial bit of evidence that should have been handed over to the police. The defence, and Lee, deny any such white fragment ever existed.
Tomlin was called to the witness stand to confirm that the defence never handed over any item matching Caplan's description, which surely we all knew already, though presumably it's good form to have that fact on the record. Tomlin also confirmed that the prosecution had requested the alleged bit of evidence be handed over on numerous occasions, with the defence consistently denying it existed.
Caplan, of course, agonised over whether or not to tell the court about the white fragment. Well, she told a court hearing without the jury about the fragment, that's how we knew what she knew. But then she said that she couldn't repeat the evidence in front of the jury because of her attorney/client confidentiality commitment to Spector. Judge Larry Fidler disagreed and threatened to jail Caplan if she didn't testify which, eventually, she did. Lee, who hasn't actually been held in contempt for the allegations against him, even though Fidler seems to believe Caplan's version of events, maintains his innocence, while suggesting he no longer plans to testify for the defence in the case, such is his anger at the allegations made against him in this trial.
The defence's case, of course, continues, with the combined approach of alleging that Lana Clarkson, the woman Spector is accused of killing, was suicidal prior to the incident, and therefore quite likely to shoot herself, and that the forensic evidence shows Spector was not near the former actress when the gun went off, or, at least, that it can't be said beyond reasonable doubt that he was close to her (ie close enough to be holding the gun that was in her mouth).
It was on the latter area that the defence continued their case yesterday, calling another blood spatter expert to the stand - one Stuart James - who, like fellow expert James Pex last week, says that from the evidence it is impossible to say how close Spector was to Clarkson, even though his jacket was spattered with blood. As previously reported, the prosecution claim the blood spatter from Clarkson being shot would only go three feet, putting the producer close to the actress. Defence lawyer Linda Kenney Baden asked James yesterday: "Is there any agreement that it can only go three feet?" to which the witness replied "No. I went to every source I could find and talked to numerous people. There is simply a wide variation".
The case continues.