Phil Spector’s Retrial and The Second Bimbo Parade.

Los Angeles—Lawyers for both sides are setting the stage for the second trial of legendary record producer, Phil Spector on the charge of 1st Degree Murder. This is in connection with the tragic death of Lana Clarkson.

Lana Clarkson a total stranger to Phil Spector, agreed to leave her job at the Hollywood House of Blues and go to Spector’s home spending the night.

Clarkson’s false eyelashes were left on a bathroom sink, and there is solid DNA evidence that she willingly engaged in sexual activity with Spector.

Sometime in the morning hours Clarkson who was addicted to and clearly under the influence of narcotic pain killers and alcohol suffered an intra-oral gunshot wound and expired in a chair.

The real question is, how did she get that way? I have extensively written about this case from the beginning and believe as does the defense that this wound was self-inflicted and not a crime. The absence of blood and tissue spray on either sleeve of Spector’s white dinner jacket tells the real story.

Some have painted a persona of Clarkson, a failed actress as angelic when the contrary was the case. Clarkson was a deeply troubled woman, who like most actors failed in Hollywood. Actor or not, substance abuse has never helped anyone’s career.

Clarkson was manipulative and conned her friends out of money as she raided their medicine cabinets in search of drugs for her addiction. On the night in question Clarkson seemed to be engaged in an act of sexual commerce with Phil Spector.

I suspect that Clarkson’s death was as a result of either suicide or her own drunken horseplay with a loaded gun. The horseplay angle makes the most sense to me personally.

In Spector’s life there were women, lots of them. Because Spector is a wealthy and famous record producer that attracted too often gold diggers, scam artists and many shady ladies. Spector has an absolute demonstrated weakness for the sexual power women enjoy over men.

That brings us to the Bimbo Parade. Over many decades Spector has had encounters with some women that were never worthy of sustained police investigation, prosecution or criminal conviction. These events did not cause any civil court to weigh in on claims against Spector. Some incidents led to unflattering articles in the gossip rags and unauthorized biographer's work products that cover Hollywood.

California passed a heavily lobbied law sought by prosecutors that’s been rejected by most other states. That led to the creation of 1101(b) in California’s evidence code. It allows prosecutor’s to bring in any testimony from anyone that alleges similar conduct involved in a current prosecution. There is no requirement of timeliness negating statutes of limitations, or any independent evidence.

1101(b) created a way for prosecutors to force defendants to stand trial for additional crimes never charged or that have never met the minimal required burden of Probable Cause. During the first trial these 1101(b) witnesses testified about accusations from more than 30 years ago. The most bizarre part of their testimony was that they were threatened by Spector with guns and continued to work for and sleep with him until Spector lost interest in their company.

Was being jilted or fired by Spector what’s really behind these claims? Perhaps it was the cash some received from tabloid publications that encouraged these women to disparage Spector’s character.

If the charge is murder I ask how a past event that did not even result in injury should now be placed into evidence as a suggestion of similar behavior to murdering? Judge Larry Paul Fidler allowed such material to taint, confuse and pollute the jury’s fact finding process.

One woman from the first trial, Diane Ogden has since died of a drug overdose and videotape of her former testimony will be played as the jury is kept in the dark about her drug use and mental condition we now know existed.

Spector’s lawyers have filed their strongest motion yet to eliminate this testimony that’s grossly unfair to Spector. The problem is that Judge Fidler has made nearly every court ruling he could against Spector and seems to do everything he can to convict the defendant. I don’t expect Judge Fidler will do the right thing now either.

Here is the 1101(B)related Defense motion now under consideration by the Judge:

Spector Defense Motion to Exclude Bimbo testimony - Upload a Document to Scribd

Read this document on Scribd: Spector Defense Motion to Exclude Bimbo testimony

Phil Spector’s Limo Driver Is The Prosecution’s Star Puppet.

I’ve already shown earlier where Adriano DeSousa lied about seeing a gun in Phil Spector’s hand. Was it really a lie or just a mistaken impression at the scene of a horrific tragedy?

We all now know that Mr. DeSousa was working here on an expired visa and breaking the law. DeSousa’s deportation is in the hands of prosecutor Alan Jackson and Pat Dixon who have the unique power to gain cooperation from ICE to provide a coveted Green Card in exchange for needed testimony.

DeSousa desperately needed Jackson and Dixon far more than he ever needed Phil Spector. Imagine just how fast DeSousa would have been deported had he not twisted the facts in a way that was useful to the prosecution theory?

I have a simple explanation of the real exchange between Spector and DeSousa on that horrible February morning in 2003. Lana Clarkson killed herself either on purpose or by accident. There is no dispute that Clarkson was both drunk and under the influence of dangerous drugs. Further I believe Clarkson found the gun while rumaging through Spector's property and assumed it was unloaded.

Phil Spector in an understandable panic frantically tried to help Clarkson by cleaning off her wound and trying to stop bleeding. Spector ran out side to summon help from Mr. DeSousa. Phil Spector is no great orator. His voice is raspy and soft and has always been that way. DeSousa spoke somewhat limited English and probably did not quite hear or really understand what Spector told him. The loud water fountain also plays into this mix.

Phil Spector wrongfully assumed that Mr. DeSousa understood what he was told and returned inside his home. Spector apparently felt comfortable that DeSousa called for police and perhaps an ambulance. Spector waited for the police and when they arrived admitted them into his home but was treated not as a witness but as a suspect.

The shock of the entire event took its toll on Spector and he simply failed to move as quickly as police wanted. The result was that Phil Spector was shot with a police Taser Gun. I can’t imagine Spector being coherent after that morning’s events.

The cops now had a civil liability problem. If Phil Spector is not convicted of a crime he will be able to sue the police for the wrongful Tasering. Was that the motivation to make a case for Murder against Phil Spector?

Despite the fact that Adriano DeSousa’s testimony is full of holes it was bought and paid for by prosecutors. That, as the prosecutors manipulated DeSousa’s future.

During the trial the prosecutors vilified Phil Spector for washing his hands. Blood has been recognized as a biohazard for decades now. We all must avoid getting blood on our skin and wash it away should that happen. Washing blood away from your own skin is not evidence tampering, its simple survival!

It really all boils down to who held and fired the gun killing Lana Clarkson? The DNA evidence had no reason to exclude Phil Spector as the limo driver had to say what prosecutors wanted to hear.

Read all my articles on Phil Spector right here.

Extorting Money From Music Legend Phil Spector For Sport…

Legendary rock music producer Phil Spector is rich and especially vulnerable. Spector is waiting for his day in court so he can prove he did not murder his evening date, Lana Clarkson. She died from a single gunshot wound to her face.

If you want to extort money from Spector these days you’ll just have to stand in an ever growing line.

Spector got crosswise with his first lawyer, Robert Shapiro and dumped him. Shapiro took a $1 million dollar retainer he didn’t fully earn and decided to simply keep the cash. Spector sued Shapiro for return of the unearned money. Shapiro couldn’t wait and miss a chance to take Spector’s deposition. As a result a large portion of which has since been made public. Along the way it opened confidential attorney/client defense information to the prosecutor to use against Spector. Was that fair? I don’t think so. Was it a sleazy, reprehensible act by Shapiro? I think Shapiro’s tactics speak volumes for themselves.

Next came Spector’s personal assistant, Michelle Blaine. Blaine somehow got $700,000.00 from Spector. Spector claims she embezzled money when she knew she’d be called as a witness against Spector at his murder trial. If you’re going to steal money from your boss it’s best to do so when you think you have him by his nuts.

Blaine sued Spector demanding $5.25 million for claims of sexual harassment. Needless to say Blaine can be counted on to trash Spector’s reputation when she’s called as a prosecution witness. Blaine smells every bit as bad as Shapiro.

The judge has ruled that ancient claims of Spector’s misbehavior from 1975 and 1972 can be used to poison the jury against him at his trial. Spector should be thankful he’s not 900 years old. There is apparently no time limit barring the introduction of past gossip and hatred by old paramours or jealous bystanders. If he were old enough, Spector’s jury would certainly hear that he's somehow responsible for the beheading of Marie Antoinette and perhaps helping King Henry VIII kill some of his wives.

Normally a conviction occurring from a jury being tainted by this kind of garbage would take a decade to grind through the appeal system. Does Spector have enough time on this earth to outlive his appeals?

Should Spector be convicted you can count on seeing the dead woman’s family looting Spector’s estate like pirates.

Phil Spector’s Murder Trial Was An Absolute Sham

Los Angeles, CA—I wrote extensively about legendary record producer, Phil Spector’s first murder trial that ended in a mistrial when jurors could not reach a unanimous verdict. . I was not able to do much with the retrial because of other commitments, but it was even worse that the first trial.

Both trials were as unfair, and as outrageous as I’ve ever seen in my 40 years of experience inside the criminal justice system. During the trials I compared L.A. Superior Court Judge Larry Paul Fidler to Roland Freisler, the President of The People’s Court of Germany’s Third Reich. I don’t think that was an exaggeration because of nearly every ruling made by Fidler.

It was obvious to me that Judge Fidler had an agenda to convict Spector at any cost after numerous embarrassing high profile acquittals of other celebrity defendants. Fidler was drunk with power as he satisfied the harpy-pundits of that failed TV network, Court TV. It just so happened that I met Judge Fidler when he was invited to San Francisco to attend an Investigative Reporter’s and Editor’s conference in San Francisco with that very pretty, former Court TV correspondent, Beth Karas.

Spector’s trial was not about evidence but was an exercise of pure hatred. The trial manifested hatred for Spector’s wealth, flamboyant hair, manner of dress and lifestyle.

Spector had a lifetime’s worth of gold-digging women satisfying his libido and then angered when Spector did not give them the wealth and fame they sought. The very worst of this group were allowed to testify against Spector about decades old affairs.

Spector’s real crime was his sometimes horrible taste and judgment in the women he allowed in his bed. In that mix were thieves, extortionists and drug addicts. Some would return to haunt Spector for a slim chance at fame and of course the cash they could get from the tabloids for their tall tales.

The dead woman, Lana Clarkson fit Spector’s bedmates well. Clarkson was a failed and now too old actress with habit for ingesting Vicodin nearly a dozen times a day. The poor woman was an alcoholic suffering from depression and was nearly destitute. It was clear that Clarkson was under the influence of both drugs and alcohol when she died.

None the less Clarkson was a sympathetic figure that Hollywood used and spit out. Clarkson was beautiful and there was evidence she tried very hard to gain fame and fortune that sadly never materialized. Clarkson was really just another tragic story from The Boulevard of Broken Dreams.

Clarkson did not go home with Phil Spector who she just met for anything more than an act of commerce. Spector had money and Clarkson needed some.

A violent death occurred but the evidence of murder just was not there. On the contrary there was a lot of evidence suggesting suicide or a self-inflicted accidental shooting by a drunken woman.

We don’t have a video, instant replay of this tragedy. We and the jury had to guess how Clarkson died. It’s a human trait to want to assign blame for a needless death. The blame went to Phil Spector.

In Judge Fidler’s court Clarkson’s problems were sanitized while any and everyone who wanted was encouraged by the jurist to throw mud on Spector.

Phil Spector was railroaded to a prison cell for more years than the 70 year-old has left on earth. Spector very well may never live long enough to win his appeal. This is wrong.

With The People’s Court of Germany, the public did not see much of anything wrong with Judge Freisler’s show trials either. “Justice” was always administered there, swift and sure. What happened in this Los Angeles courtroom can happen to you or someone you love.

Read now the appeal brief filed on behalf of Phil Spector:
28176613 People vs Phil Spector Appellant s Opening Brief

Why Judge Larry Paul Fidler Is Dead Wrong

Legendary record producer, Phil Spector is on trial for his life. A woman we all now know, Lana Clarkson was addicted to narcotic drugs and alcohol as well as being impaired by them. Clarkson was found dead in Spector’s home and now Phil Spector is charged with killing her.

Lana Clarkson was desperate, destitute, and depressed. We also discovered during this trial that Clarkson forged letterheads and the signatures of entertainment executives on letters promising future work and extolling her immense talents as a performer. The letters were not simply used to puff her resume but to swindle people she knew out of $60,000.00 to fund her pathetic video, Lana Unleashed. Clarkson had yet another habit we were informed about during the trial. She would steal drugs from the medicine cabinets of her own friends to satisfy her drug addiction.

My theory is a simple one. Lana Clarkson, a stranger to Phil Spector came to his home as a paid prostitute. It's now clear she had some sexual activity with Phil Spector. I believe Lana Clarkson was searching and pilfering Spector's home when she found one of Phil Spector’s guns. I also believe Spector caught her and because she was drugged up and drunk she recklessly tried to put on a show with the gun she removed and simply killed herself.

As for the parade of what I’ve called, Bimbos, Spector’s old girlfriends came in and all told decades old stories of Spector behaving badly with firearms where nobody ever got hurt.

The significant difference between the Bimbos and Ms. Clarkson is really quite simple. Every one of the Bimbos who testified for the prosecution was well acquainted with Spector sleeping with and working for him for years. If you believe these women and I don’t, you could argue that Spector earned his right to womanize and abuse them. They all to a one said Phil Spector was always a perfect gentlemen for many moths or even years before these alleged assaults took place. Lana Clarkson had only known Phil Spector for a few hours.

The recently changed California Evidence Code(1101b)allows the court to taint a jury with ancient allegations provided that conduct was reasonably similar in nature. However the prejudice of the evidence must not outweigh its probative value. The changes made in the code were never well thought out but until modified are there, as is. The judge has descresition to disallow bringing 1101b material forward.

Since there has never once been a case suggested where Phil Spector revealed his "eccentric side" to strangers but instead to lovers, confidants and trusted employees this does not fit into 1101b material. Phil Spector is not getting a fair trial in Judge Fidler's court.

Read all my articles on Phil Spector right here.

What’s The Real Reason Behind Sara Caplan’s refusal To Testify?

Caplan freely testified against Phil Spector in earlier motion hearings. To call that irregular is an understatement since Caplan was in fact, a Spector defense team lawyer violating her attorney client relationship with Spector.

Now Caplan won’t testify before the jury about those very same facts and has now been found in contempt of court. What’s the big deal now you ask? The cat’s out of the bag as Caplan accused premier forensics expert Dr. Henry Lee of tampering with phantom evidence. That information and accusation was revealed during cross-examination by a Spector defense lawyer at the motion hearing.

The reason Caplan is a former lawyer is simple to explain since she was part of the Robert Shapiro team fired and sued by Phil Spector. Shapiro kept a million dollar retainer paid by Spector he did not earn.

The prosecutions's phantom evidence is the “Missing Link” that would connect Spector to the death of Lana Clarkson. If this item, suggested, to be a broken fingernail really existed and wishfully contained “bullet wipe” the prosecution contends that it would somehow show Clarkson’s death was no suicide. The key word here is, if. This is nothing more than a prosecutor’s red herring injected into a case where there is no physical evidence to support criminal charges against record producer, Phil Spector.

A serious fact not to be overlooked is that the cops and their CSI teams already examined, photographed, collected all their evidence and turned over the death scene to Mr. Spector and his lawyers. This alone should clear up the issue of whether or not the fingernail exists.

Dr. Lee has vehemently denied the existence of the supposed fingernail or collecting anything similar. Dr. Lee is expected to testify for the Spector defense and we’ve not heard the last of allegations of misconduct directed at both sides of this case.


Now comes yet another character to shed light on this inquiry, Zvonko “Bill” Pavelic. Bill Pavelic is a now retired, career LAPD cop who has a lot to say about prosecutorial misconduct in the Phil Spector case. Pavelic was retained to work with the Shapiro team who now calls Sara Caplan a liar, perjurer and someone who is trying to destroy Dr. Lee’s reputation.

Pavelic has in his possession photographs of retired Los Angeles Sheriff’s detective, Stanley White with Sara Caplan in the foyer area of Spector’s home (the death scene) taken on February 4, 2007. Sara Caplan testified that White was not present in the foyer area. These photos have been turned over to Spector’s current defense team, Cutler, Rosen, & et al.

Bill Pavelic has outlined his information on his website: http://www.billpavelic.com/current/sara-caplan/

Had Sara Caplan testified as ordered she knew full well that her lack of candor would be exposed perhaps ending her career as a lawyer. Perjury charges may yet surface against Caplan.

I’m still waiting for any evidence to show that Phil Spector killed anyone. The Spector trial is turning into a huge fiasco where I have predicted all along that Spector will be cleared. I can’t help but remind folks that just like Mark Furhman in the O.J. Simpson case the crimes of the accusers will be exposed.

A Televised Trial Better Is For Spector

The trial of legendary record producer Phil Spector will be getting underway as they pick a jury beginning March 19th. This of course is over the death of 40 year-old Lana Clarkson four years ago this past February.

I say a televised trial is better because the jury in that case can be counted to disobey every order to avoid media accounts. If you believe the jury is not going to seek out information you also believe in the Tooth Fairy. The Spector jury will be running every witness through Google on their home computers as they look for future book deals.

Having said that at least Spector can get a level playing field by getting his information out that trial Judge Larry Paul Fidler refuses to allow the jury to hear. The jury will hear and read it all anyway. Judge Fidler won’t be able to stop the runaway misconduct. The fruits of the misconduct will cut both ways.

I have examined this case carefully and saw early on that it screams, Reasonable Doubt. Was it an accident? Suicide? Manslaughter? Murder? Take your guess, any guess. That’s all you can do is guess.

Was the pretty actress, Lana Clarkson depressed? I got the word direct from her long time, dear friend, actress Sally Kirkland who vigorously disputes that theory. Kirkland is very sincere in her belief. The problem is that Lana Clarkson was under the influence of drugs and alcohol that night. That may well have turned a happy and well-adjusted lady into a disturbed lady. Drugs do alter moods in human beings. People do stupid and risky things under the influence of drugs.

Two witnesses, a cop and a limo driver have claimed Spector made incriminating statements. I say hogwash! When sudden tragedy strikes involved people say all kinds of things as they go out of their way to accept blame while they’re in a total state of shock. Speaking of shock, an Alhambra cop used his new Taser stun-gun-toy on Spector when Spector did not move fast enough for him.

Next comes the prosecution parade of anyone or everyone that ever hated Phil Spector. The old girlfriends Spector jilted have been pulled out from under rocks to say Spector was a nasty violent guy when they dated him 30 years ago. They will all be lining up outside bottom-feeder, Gloria Alred’s door looking for a sleazy book deal.

Something wonderful happens when people testify to the masses on national TV. People who know the real truth hear the lies while they watch the witnesses on TV. That’s exactly what brought LAPD homicide detective Mark Furhman down when he got caught lying under oath during the O.J. Simpson trial.

Lawyers turned extortionists, crappy lawyers, former employees along with publicity seeking cops and prosecutors, have victimized Spector for their own ends since the day of this event. At the same time book authors have pummeled Spector with hate in order to sell books.

Cops are claiming that the ammunition involved with the Clarkson death is very rare. The gun was a Colt, Cobra, old model that was popular in the mid 1960s. The most popular ammunition people bought in the 1970s Smith & Wesson brand, hollow-point rounds. Speer ammunition was also present in this revolver and that ammunition is anything but rare. Smith & Wesson stopprd making that ammunition years ago but a large percentage of the original buyers still have some.

The prosecution of Phil Spector stinks. The jury should see past the horrible death of Lana Clarkson long enough to be fair to Phil Spector who has no history of killing anyone in his 66 years on this earth.

Was this a crime? It depends how the jury will guess. Guess work should always be favorable to Phil Spector or any defendant.

Legendary record producer Phil Spector's legal troubles

That 1960’s rock & roll record producer is soon to face a Los Angeles jury for charges that he murdered his evening date, Lana Clarkson. She died from a single gunshot wound to her face.

This case has a familiar odor about it. That of cops and prosecutors getting famous by accusing the famous. One thing for sure whatever the prosecutors can’t get into evidence in a court of law they will get to the jury through media reports of every kind.

The questions are simple the answers are not. I have several that so far have not been answered.

Who owns the gun that made the fatal injury? We know that Spector has a small gun collection and the gun in question came from elsewhere.

What was the psychological condition of Ms. Clarkson? We know that she was using illegal drugs and was under the influence of alcohol too.

Is this prosecution really about another civil action to follow the criminal case? We know Clarkson's family is standing by ready to loot Spector’s estate with a civil verdict if they can get one.

Is it fair to bring up allegations made decades ago that were never substantiated enough to merit prosecution when they happened? Does the jury really need to hear from Spector’s disgruntled old girlfriends and such? How is a criminal complaint from ancient history going to prove just how Clarkson died?

This case revolves around the alleged excited utterances supposedly made by Spector to a limo driver and cops who had over-reacted and tasered Spector moments before. Did they even get these remarks correct? Were they just trying to justify their use of a new law enforcement toy by making a killer out of Spector? I find under these kinds of circumstances people never get these kinds of quotes straight.

If there’s an event involving two people and the physical evidence cannot reconstruct the event why do we waste time and expense of a trial, when we don’t have an eyewitness or a confession?

I say its time to leave Phil Spector alone.

12/17/05
Update: TMZ.com reported that Spector has dismissed his pending lawsuit against his former criminal attorney Robert Shapiro.Shapiro took a one million dollar retainer to defend Spector in the murder case. That representation somehow went sour and Spector hired flamboyant, mob lawyer Bruce Cutler to take over the case. Cutler is not licensed in California so he had to associate-counsel with Los Angeles Lawyer, Roger Jay Rosen. Shapiro refused to return Spector’s money, which is the basis for the lawsuit.

The problem was and is that Spector’s criminal defense communications with Shapiro were in danger of being exposed to prosecutors. Spector had no choice but to dismiss his case for now. Spector is still free to re-file his lawsuit after the murder case is over.

Spector’s Trial Specter Is A Long Way Off

After Judge Larry Paul Fidler was forced to declare a mistrial at Phil Spector’s murder trial he beat his chest and told Spector and his lawyers he was going to force the re-trial to begin in 60 days. I was wondering just what the good judge was thinking when he was making unreasonable time requirement demands on a man who was on trial for his life.

Lawyers can’t prepare for a trial where the evidence and its interpretation is of such a highly technical nature on any kind of fast track. You have to balance the monumental tasks assigned to the lawyers and their experts against their professional schedules.

In addition to a pending 44 page defense moition seeking to oust Judge Fidler for his continually demonstrated bias, Spector’s lawyer, Doron Weinberg said he was filing a separate Writ sometime today.

At some point in the coming months the challenge to Judge Fidler’s continued participation in the case will have to be fully briefed and argued. Of course a ruling must follow.

A September trial date was discussed but that’s not realistic either. Perhaps in December or January the stars may align for The People Vs. Phil Spector-Take Two.

Disclaimer:

I have followed this case since the day Lana Clarkson died from that inter-oral gunshot wound. Until after the first trial I was never acquainted with Phil Spector or any of his lawyers.

I have made myself available as a licensed private investigator for defense purposes because the evidence indicates Ms. Clarkson died by her own hand. To date they have not utilized my services.

Most defense attorneys won’t work with an investigator they don’t know. Defense teams can be infiltrated by people really working for clients other than the accused. That, in fact happened already to Phil Spector during this investigation and litigation.

I strongly belive that Spector only became a suspect after Alhambra Police unnecessarily resorted to shocking Phil Spector, a senior citizen twice with Taser stun gun.

The subsequent indictment against Spector did cloak the City Of Alhambra with immunity from any lawsuit.

I make no secret that I ardently support Spector as a man wrongfully charged with murder because of a flawed investigation and prosecution.

I’m not now nor have I ever been Spector’s employee, friend, public relations flack or investigator. I’m simply an investigative blogger demanding that Phil Spector gets a fair day in court.

I’m keeping my options open to help with the defense of Phil Spector in any future civil or criminal proceedings.

Will Phil Spector Be His Own Best Witness?

Los Angeles, CA—Record producing legend Phil Spector, is on trial for his life in connection with the death of Lana Clarkson. A huge question for Spector and his lawyers is whether or not to have him testify.

The conventional wisdom says no. However there are circumstances present that change that scenario. First it may open the door for testimony from people that hate him. The hate campaign in the form of a bimbo parade of spurned but otherwise uninjured lovers already tainted the jury and it can’t get any worse now.

Spector will have to withstand cross-examination from prosecutors. I think Spector won’t have any real trouble here. He is the only living witness that knows what happened. He can tell the world what he knows and settle the facts. The only serious problem is that Phil Spector mumbles and will be difficult to hear. He’s also had surgery that further obstructed his voice projection abilities.

To me it’s very conceivable that Clarkson, who had a habit of stealing from her own friend’s medicine cabinets, would have opened the drawer where the gun was found and began some drunken horseplay that ended in her tragic death.

Only Phil Spector can tell the jury what he told that limo driver. That driver did not understand Spector. That will show Spector was personally convinced that the driver had summoned help from paramedics and the police. It’s very understandable why Spector did not make the 911 call himself if he thought his hired help already did that.

That decision is made by the Defense Commander, attorney Doron Weinberg. You can't argue that it’s really up to the defendant because a defendant must obey the wishes of his lawyer. Lawyers generally don’t want their clients to testify.

My guess is that Phil Spector would have everything to gain and nothing to lose by telling us all what happened.

It will be very sad for Phil Spector if he never gets the chance to let the truth set him free. Will the jury break the rules and punish Phil Spector if he does not testify? Stay tuned…

Spector Trial Is In A Legal Quagmire

The murder trial of record producer, Phil Spector has turned into a predictable mess that has little to do about the death of Lana Clarkson or actual evidence that she was murdered or that Phil Spector is a killer.

Judge Larry Paul Fiddler let in everything including the kitchen sink to influence the jury exactly as the evidence starved prosecutors wanted to the absolutely prejudice of the accused. That as prosecutors, Pat Dixon and Alan Jackson spend every waking moment trashing the defendant’s character in every possible way. When prosecutors don’t have a case for murder, they can win by making the jury hate the defendant and pity the dead woman.

Adding to the circus is the defense team headed by the judicially castrated and now absent Bruce Cutler. I can’t help but believe that every single Spector defense lawyer now wishes he or she never went to law school. I suspect they also are praying to see the day they can pee on Larry Fidler’s tombstone.

Now the foremost defense forensic expert Henry Lee has apparently abandoned the job he was hired to do. Fear not, for there are enough qualified experts to show Clarkson died by her own hand.

Today the California Supreme Court dealt a blow to former Spectior defense lawyer, Sarah Caplan. She will be forced to testify or be jailed. I have suspected that Caplan lied in earlier proceedings and her lies will be exposed unless she now takes the Fifth to avoid self-incrimination. Spector may well benefit from whatever Caplan does next.

Today the jury saw and heard the very credible testimony from a long time close friend of Lana Clarkson, Jennifer Hayes-Riedl. Hayes-Riedl painted a sad and desperate picture of Clarkson’s tragic life. Clarkson was despondent because she failed as an entertainer and was forced into taking her humiliating, menial and par-minimum wage job at the House Of Blues.

Clarkson failed as an actress, comic and writer. Clarkson was mixing powerful narcotic painkillers with alcohol, was hopelessly in debt and nearly destitute. Although Clarkson was pretty, her life was not.

Clarkson got some fame that eluded her by ending her own life while a guest in Phil Spector’s home. One does not have to guess too long to figure why the CSI people found Lana Clarkson’s saliva on Phil Spector’s penis and Spector’s saliva was on her breast. Clarkson’s visit to Spector’s home may have been more about commerce than for traditional romance.

Before I hated this prosecution because I was convinced that Spector killed no one. Now I hate the prosecution equally because it forced the heartbreaking and salacious expose’ of Lana Clarkson’s once private life.

This trial is nothing but horrible and slow torture for Phil Spector and anyone who ever loved Lana Clarkson.

Spector Retrial And Those Past Bad Acts As “Evidence”

Los Angeles, CA—Legendary records producer, Phil Spector faces a fall re-trial for an allegation of Murder in connection with the death of the troubled and drug-addicted Lana Clarkson. The first trial ended in a hung jury.

California has a law that acts as a trial crutch for prosecutors who can’t win a case on real evidence. Section 1101(b) allows the use alleged prior bad acts even in the absence of a civil or criminal court finding of guilty or awarding of civil damages.

The idea behind 1101(b) is to prejudice juries with unrelated and unproven allegations so that scorn and emotion will convict when real evidence is insufficient.

Spector has had run-ins with old girlfriends who claim today Spector threatened them with guns. Most of the accusers continued to sleep with and or work for Spector after those claimed assaults.

This evidence cuts both ways for Spector. Not one of these accusers have ever suffered injuries or death. This is solid evidence that Spector would not have harmed Lana Clarkson. There was absolutely no evidence of discord between Clarkson and Spector. Evidence of Clarkson’s false eyelashes placed neatly on a sink along with DNA evidence shows that they had consensual sexual activity.

The gun that ended Clarkson’s life was found at her feet. Clarkson was well under the influence of abused drugs and alcohol. Reasonable doubt is overwhelming here since Spector had no blood spray on either sleeve of his white dinner jacket.

Some armchair investigators and gossipmongers suggest that Spector’s fingerprints were wiped off the gun. The truth is that it’s a very rare day when usable are lifted from handguns, especially small handguns like the old model Colt Cobra .38 Special. It’s not as screenwriters have led us to believe in thousands of TV shows and films. When a gun is discharged the recoil causes smearing of any possible latent images.

I see the retrial of Phil Spector as nothing more than a huge waste of time and money.

Phil Spector’s Future

Los Angeles, CA—The chances of legendary record producer Phil Spector getting a new trial are really high. The primary reason is Judge Larry Paul Fidler’s prosecution favoring rulings allowing unprecedented use of ancient and uncharged prior bad acts. These interlopers into the Spector inquiry tainted the jury.

Rather than evidence a successful hate campaign brought a conviction that was not supported by the physical evidence.

I see a solid conspiracy to frame Phil Spector because of the efforts made by officials to evade normal objective investigation efforts by police, prosecutors and the Medical Examiner. Lana Clarkson’s mental state was suspected in playing a role in her death. Documented problems included:

1. Alcoholism
2. Drug addiction.
3. Financial problems
4. Despondency based on writings and other communications
5. Intervention by medical professionals for these problems.

The normal procedures are to conduct a psychological autopsy where these kinds of issues are involved with any case where there is any possibility of suicide. They avoided doing this simple procedure for only one reason, to hide the truth.

What can be done now? The pursuit of motions for mistrial, new trial and other yet to be seen avenues is already underway. The first stop must begin with Judge Fidler. Nobody realistically expects Fidler to do the right thing now but the efforts are necessary to preserve appeal rights.

An investigation into jury misconduct is underway. Motions based on these findings can be introduced with motions at any time to the trial court. There is a Wild Card in this mix and that’s the wrongful death lawsuit pending against Phil Spector by Donna Clarkson.

Spector has the right to defend himself in this civil action too. Spector has the power to bring witnesses forth into forced depositions and court testimony. Additional evidence helpful to Spector will surface here and could affect the conviction if strong enough.

The only public officials that could intercede and bring about a reversal right now is the judge, District attorney or the Governor. That’s not going to happen unless something serious surfaces that proves Spector’s innocence.

A notice of appeal will be filed with the trial court and the lengthy process of appeals will begin. No action will be taken by the Court of Appeals until between one and three years. That’s the normal course of business. I expect at the first stage a new trial will be ordered or the court may even find that the damage was so severe that a new trial would in itself be unfair because of prior defective rulings at the trial court level.

The question is will Spector survive incarceration in a California prison during this process? I think the prognosis is very poor for the 69 year-old Spector whose health has already been severely compromised by this entire ordeal.

Justice ultimately may be denied because once a defendant passes away all litigation will end.

Will Hate Or Real Evidence Decide Phil Spector’s Fate?

Los Angeles, CA—The parade of jilted former girlfriends and disdain for Phil Spector’s wealth and celebrity have all been used to fan the fires of a lynch mob. Prosecutors were on a mission to convict Phil Spector no matter the evidence and have enjoyed judicial free rein throughout two murder trials.

The current jury has been getting too much of their evidence the same way most juries do these days, over the Internet in violation of court rules. At least one blogger is believed to be spewing daily hate and misinformation on behalf of the family of Lana Clarkson who are hoping for a conviction that will enable them to loot Phil Spector’s estate in their pending civil action.

The scientific evidence to murder is simply not there. Since there were no witnesses Judge Larry Paul Fidler has allowed the jury to be swayed by allegations spanning nearly four decades concerning Spector’s prior relationships. Never in Phil Spector’s 69 year history has he ever physically injured anyone.

It was a drunken, destitute and despondent Lana Clarkson who had both of her own hands on the gun that killed her. The only rational explanation for Clarkson’s presence at the Spector home was to engage in an act of unlawful sexual commerce.

Can the jury see past the propaganda to the only reliable evidence and do the right thing? No jury Guilty verdict should be the product of a guess. Having to guess means the defendant is Not Guilty. Will the jury do the right thing? Time will tell.

The prosecution and defense are wrapping up final arguments and with jury instructions pending the case may be in the hands of this jury tomorrow (Wednesday).

One thing for sure, Judge Larry Paul Fidler did absolutely everything he could to deny Phil Spector a fair trial. If convicted Spector would win a new trial but it’s doubtful at least to me that Spector will live long enough to benefit from any appeal of a conviction. This jury is the court of last resort for Phil Spector.

Spector Trial Bimbo Parade

The Lord only knows when some relevant evidence will be delivered to the jury that suggests that Phil Spector killed Lana Clarkson. So far only ancient and sensational conflicting claims from a peculiar assortment of former paramours of Spector have been made. Dorothy Melvin, Dianne Ogden, Stephanie Jennings, and convicted bank embezzler, Melissa Grosveror have completely derailed the trial.

None of these women had a problem sponging on Spector’s generosity or capitalizing on their new fame as heroic victims. Jennings had no problem selling her soul and salacious Spector gossip to the National Enquirer for $1000.00. One thing for sure their stories seem to get better for the prosecution with age.

These pathetic women have presented their inconsistent stories of alleged armed assault that were never ever worthy of criminal or even civil prosecution. The only thing consistent about these women is their selling out their former friend, employer or lover, Phil Spector. Trying each accusation before this jury today, long after memories have faded and the statue of limitations has expired decades ago is for one purpose only. To deny Spector a fair day in court on the matter for which he is on trial.

With all the garbage presented by prosecutor, Alan Jackson one fact remains none of the women suffered injury or death at the hands of Phil Spector. That alone makes the bimbo babbling of irrelevant and immaterial to this inquiry. The prejudicial effect of this hateful testimony may well be enormous. It does not shed any light on exactly what caused the death of Lana Clarkson.

I wonder just how long it will take for the prosecution to put on evidence that Phil Spector murdered Lana Clarkson? It really helps when you have a judge or ringmaster like Larry Paul Fidler who has no bounds when it comes to letting a prosecutor drag Phil Spector through prehistoric mud. For prosecutor, Alan Jackson, I guess the Bimbo Parade beats having no case at all.

Jackson can now count on people that know his witnesses contacting the defense attorneys and offering loads of damaging information about these bimbos.

Judge Fidler will come to regret the day he invited these bimbos in to take over his court. So will prosecutor, alan Jackson.

Read all of Crimefile's Spector stories here:

Was Judge Larry Paul Fidler threatened?

Los Angeles County Sheriff's officers have launched an investigation into a MY SPACE posting under Phil Spector's young wife's name today. That posting has since vanished from the site.

It’s no secret that I’m no fan of Judge Larry Paul Fiddler’s handling of Phil Spector’s murder trial. The judge has consistently ruled to make conviction a sure thing. He’s allowed the prosecution unusually wide leeway of what they could use against Spector. I hate Fidler’s actions because they threaten every American’s rights.

I met the judge nearly five years ago when he and that attractive Court TV reporter/lawyer, Beth Karas gave a seminar that I attended at the Investigative Reporters and Editor’s conference in San Francisco. Judge Fidler was as nice a fellow as I’ve ever met. Fidler struck me as knowledgeable, glib, articulate, and a fun kind of guy. Fidler seemed very fond of news reporters.

When Phil Spector was indicted I came to the courtroom and saw a not so small but opinionated army of reporters and Phil Spector book authors. Some went out of their way to share sordid stories and gossip about Phil Spector along with their theories of his absolute guilt. This seemed like an open and shut case to me but that changed, as the government’s case just did not add up to me.

I know that many of these reporters and authors had conversations with Judge Fidler who quickly learned what the popular media accepted conclusions were of Phil Spector’s guilt.

I’m not sure what influenced Judge Fidler to so aggressively attach himself to the prosecution side of this case. Fidler’s not wavered in his slant and effort to destroy Phil Spector’s life. Judge Fidler's actions did not fail to anger lawyers, friends and family members.

Nobody has the right to threaten anyone including a rogue judge. There are however thinly veiled threats that powerless people make against others. “If, you weren’t an old man, I’d knock you down” is one that comes to mind. Wishing or suggesting someone deserves to die or should die may be really ugly but is protected speech under the First Amendment.

Did Rachelle Spector threaten Judge Fidler on a My Space page? Do the words, “The evil judge should die!” constitute a threat? I notice that no judge was identified or singled out by name. Just who is the “evil judge”? If that statement qualified as a threat against Judge Fidler then the author of the threat has to be determined and that may not be so simple. Occasionally judges are murdered in America and some people don’t need much of a reason to kill others. Accordingly it’s the sworn duty of the L.A. Sheriff’s officers to error on the side of caution to keep our judges safe.

One thing for sure no matter what side of the Phil Spector case you’re on, emotions are running very high and some people are saying things they should not be saying. I’d like to think that all Americans would want a valid and just end to the trial of Phil Spector rather than a verdict based on hate and vague theories.

The Internet And The Phil Spector Trial

Los Angeles, CA—Celebrity justice is a strange animal. Either the accused is or because of a sensational crime becomes a celebrity. When that happens it’s dangerous to the very core of our American justice system.

Too often I’ve seen celebrities prosecuted simply because some cops and prosecutors know only too well they may hang on to the coattails of celebrities they too will gain fame and fortune.

The issue of fame and fortune too often taints criminal and civil trials. Indictments are sought just to raise the political profile of prosecutors and other government bureaucrats. Often judges change their personal behavior and make rulings designed to prolong their time in the spotlight. No high profile can begin without a press release boasting of an arrest or indictment

In our society the celebrity phenomenon brings bizarre results. Celebrities are created by the press for talent or some innocent or nefarious involvement in a monumental event.

The O.J. Simpson murder trial made numerous careers of lawyers, writers, broadcasters, a dishonest LAPD homicide detective and a freeloading Simpson house guest. Many went from government salaries to serious financial rewards. Simpson’s prosecutors did not fair too well from publicity simply because they lost the case.

Unfortunately infamy makes people rich as quickly as fame for admirable deeds. Disgraced detective Mark Fuhrman was the only person convicted of a crime in the Simpson case. He used his perjury conviction like a sword to become a multi-millionaire as an author and broadcast crime commentator for Fox News. He also is a talk show host. Today most people have forgotten Fuhrman is a convicted felon. Many people admire this criminal because of his infamous crime!

Judges get in on the act too. Sometimes it’s a career killer like it was for Simpson judge, Lance Ito. Who could forget the dancing Itos from The Tonight Show?

Now we have a new player in celebrity trials, the Internet. Jurors are admonished to avoid the media, Internet or conversations connected to the cases they are asked to judge. It’s nearly impossible to police jury conduct. In low profile cases this particular kind of jury misconduct does not happen.

People selected for jury duty too often love this duty for all the wrong reasons. They lie about their prejudices and personal baggage. Like Juror Number Nine in the first Phil Spector trial admitted recently, many of them enter the jury room with their mind already made up. This kind of misconduct eliminates discussion and deliberation as a way to a verdict.

In a low profile case several years ago I wrote about a justifiable shooting case in Hollywood. I wrote about the extensive criminal record and dubious immigration status of the so-called victim. That information was kept out of the trial and not transmitted to the jury.

More than a year had passed since that shooting and I noticed my web counter got 14 Los Angeles area hits on that forgotten story. I guessed why the sudden interest. The trial of the accused began and members of the jury were all doing Google searches on the defendant’s name! They had full access to the information the court ordered withheld and my opinion on just why this was a justifiable use of force.

That trial ended and I got an e-mail and phone call from the foreman of the jury telling me they acquitted the defendant! The IP address of that jury foreman matched that of a visitor to my site numerous times throughout the trial.

The first Phil Spector trial was covered by all manner of media complete with gavel to gavel TV coverage. I had suffered an injury and my movement was very limited as a result. I used that free time to watch the coverage and fully blog the trial.

I discovered an anti-Phil Spector hate campaign develop on the Court TV website and a Sherman Oaks woman’s blog that provided a true hatemonger’s view of the Spector case.

Juror Number Nine from the first Spector trial contacted this woman blogger the very day the trial ended in a mistrial. I remain convinced that this fellow who sought conviction was reading the Sherman Oaks based hate blog every night after the trial recessed.

As for the Spector re-trial only the Sherman Oak's based hate blog is publishing information about this case on a daily basis.

Should Spector be convicted I intend to suggest to the defense lawyers that subpoenas be issued for the ISP information of the juror’s. The website address viewing of the jurors is kept by the ISP and getting that information is simple. I see a mistrial for jury misconduct and perhaps we will see jury members get some unwanted fame.

I think the only right answer in high profile cases is to sequester the jury. That will keep them away from outside influence.

A side note: As some people try to castigate Phil Spector as a hater and abuser of women, that it was Spector who made millionaires out of so many women he promoted as a record producer. Spector brought out some of the most wonderful voices we’ve ever heard.

In case you’ve forgotten, sit back and enjoy the Dancing Itos!

The Phil Spector Trial Wrapped Today

It was too long, too contentions and too sordid. The prosecution was fueled by tabloid gossip, demonization and raw emotion. The defense was simple enough as nearly a total reliance on today’s criminalistics.

The trial included the prosecution's canonization of a drug addicted, alcoholic, depressed, destitute and failed actress. Lana Clarkson was also a woman who was driven to swindle her friends into funding her questionable video project through a series of forged letters from various studio executives. In the end we also learned that Clarkson engaged in sex with Phil Spector after knowing him no longer than the time it took to be driven to his home. Was that an act of love or simple commerce?

Closing arguments ended this trial in Judge Larry Paul Fidler’s court today. This was a railroad job instead of a fair trial as the judge let prosecutors round up Phil Spector’s old bedmates from decades gone by that were unable to marry or otherwise tame the legendary record producer. Through their testimony these women demonstrated one thing for sure, that Spector was often guilty of poor taste in his sexual conquests.

Like a huge landmark the key piece of evidence for the defense is that white diner jacket Spector undisputedly wore that night. What was missing was the messy blast of blood, tissue and gun shot residue that was expelled as the gun went off in Clarkson’s mouth. The only blood on the jacket was clearly a few smears transferred as Spector futilely tried to help the dead woman. Try as they might they could find no reason for the lack of blood spray, gun shot residue or tissue other than a solid fact, Spector was not near Clarkson as she shot herself.

It was laughable to see prosecutor Pat Dixon present an animated video of a figure depicting Phil Spector with a white dinner jacket standing in front another figure suggested to be Lana Clarkson putting a gun in her mouth shooting her. The animation was bloodless. Only a great magician could pull off such a feat.

The un-sequestered Spector jury is free but for an unenforceable court order to read every online newspaper, blog or YouTube video on their home computers. I promise you that that’s exactly what they will be doing this weekend. Last year I had members of a criminal jury reading my blog about the case they were deciding. I collected the ISP numbers. The case ended in an acquittal and my blog supported that outcome. Thankfully the defendant could not be retried.

Will emotion and a hate campaign overcome truth and justice? Will the jury be able to separate science for the impossible scenario of the prosecutor’s theory? We will find out sometime after the jury is instructed on Monday morning.

Whatever happens I don’t expect the defense lawyers to shake hands with the prosecutors.


Read all my articles on Phil Spector right here.

Spector Verdict Is An Injustice

Los Angeles, CA—Legendary record producer Phil Spector should have never been arrested. Spector was arrested, tried and put through two trials that were unfair and un-American.

The most outrageous departure from fairness was the introduction of evidence of some failed relationships spanning 30 years. Recently in California lazy prosecutors created a voter proposition that would allow them to bring up uncharged or proven past allegations. I say lazy because this made convicting people including innocents a lot easier.

In Spector’s case the allegations were actually outside that proposition that became law. Most states would never allow that kind of gossip to taint a defendant’s trial.

The accusations against Spector should have stood or fallen on the scientific evidence alone. The jury was heavily influenced by gossip and hate rather than evidence.

The jury in this high-profile case should have been sequestered because of the media interest and thousands of pages of material posted on the internet most of which is inaccurate or worse. Jurors cannot be trusted to discontinue their Internet use while assigned to their duties. A Google search of Phil Spector and murder provided these results: “Results 1 - 50 of about 431,000 for Phil Spector Murder. (0.34 seconds)”

Judge Larry Paul Fidler took the prosecution’s side from the very beginning of the case, ruling for them on nearly every point raised during the pendency of the case.

This kind of injustice rarely gets anyone’s attention until they or a loved one is suddenly on trial.

I’m confident that Phil Spector’s conviction and sentence will be overturned. I’m not so confident that Phil Spector will survive long enough for the legal reviews of these serious issues.

In the mean time we can count on Lana Clarkson’s mother to use this conviction to her advantage in a civil court to loot Phil Spector’s sizable estate.

Does Phil Spector Have A Lawyer?

The answer is maybe. This morning veteran San Francisco criminal lawyer, Doron Weinberg was in court with the legendary record producer before Judge Larry Paul Fidler. Spector and Weinberg are in serious negotiations for representation in the upcoming replay of that murder trial. The appearance of Weinberg who traveled down from the Bay Area to the downtown L.A. court was a testament to that reality.

Prosecutors Alan Jackson and Pat Dixon were also in court. Notably absent was Donna Clarkson who seems never to miss a second inside Fidler’s court for every proceeding. Clarkson’s civil lawyer was there on her behalf.

It’s no secret that Jackson and Dixon are bracing themselves for loads of new impeachment material and under-explored legal issues coming from the defense to destroy their already razor thin case. They can’t be looking forward to part-two and neither is Judge Fidler. I think they all know that this case will never end in a conviction.

The defense has no choice but to start fresh with a new investigation, legal research and reweigh whether or not to have Phil Spector testify on his own behalf. I don’t count out Spector testifying even though it would give the prosecution a lot more time at bat.

The areas that the former defense team left insufficiently protected can be bolstered by what the old team did not have, hindsight.

The word, “trust” came up in connection with talk of Spector's representation. There can be no doubt that Phil Spector has given many people complete trust only to be disappointed to learn the hard way too many people are just not trustworthy. Spector’s has way too much at stake and there is no room for another violation of trust. The people on Spector’s defense team will have this man’s life in their hands. That’s an awesome responsibility.

On December 7th, 2007 a lawyer, and I’m betting that Doron Weinberg will step up to the plate and file his Notice of Appearance. Weinberg is a close confidant of noted appellant lawyer, Dennis Riordan, already retained by Spector to deal with some of the more challenging court motions.

Phil Spector and his young wife looked refreshed, alert and looking forward to a new day in court to get the injustice of this prosecution behind them.

Doron Weinberg’s CV and biography:

Practice Areas: Criminal Law; Trial and Appellate Practice; Attorney Discipline; Legal Ethics; Professional Licensing.
Admitted: 1970, California; 1973, U.S. Court of Appeals, Ninth Circuit and U.S. Supreme Court
Law School: University of Chicago, J.D., 1968
College: Cornell University, A.B., 1965
Member: The State Bar of California; American Bar Association (Member, White Collar Crime/ Criminal Litigation Subcommittee); California Attorneys for Criminal Justice (Chair, Seminar Committee; Member, Board of Governors); American Arbitration Association (Member, Dispute Resolution Panel); Association of Discipline Defense Counsel; National Lawyers Guild (President, 1974-1976); National Association of Criminal Defense Lawyers.
Biography: Articles Editor, University of Chicago Law Review, 1967-1968. Instructor, Criminal Trial Skills at New College of California School of Law, 1977-1983. Instructor, Stanford University Law School, 1968-1969. Faculty: Hastings College of Trial and Appellate Advocacy, 1977-1978; National Institute of Trial Advocacy, Cardozo Advocacy Clinic, 1985-2000.
Born: Israel, September 13, 1944