Spector jury can hear about statements

By Lisa Sweetingham
Court TV

Tuesday, November 1, 2005; Posted: 12:57 p.m. EST (17:57 GMT)





LOS ANGELES, California -- Legendary music producer Phil Spector's alleged admission that he shot actress Lana Clarkson is fair game for prosecutors to use at his murder trial, a Los Angeles judge has ruled.


"I didn't mean to shoot her. It was an accident. I have an explanation for this," Spector allegedly told Alhambra police officer Beatrice Rodriguez on February 3, 2003, the night Clarkson was found shot in the head at Spector's mansion.


No other officers heard the alleged statement.


"It's only the bare recollection of a woman doing her job with all of this chaos and danger and violence around her," defense attorney Bruce Cutler said, trying to undermine the officer's version of events.


What Spector likely said, according to Cutler, was: "I didn't shoot her. It was an accident."


Spector, 65, claims Clarkson shot herself, and his attorney argued that the .38 caliber special that delivered the fatal bullet did not even belong to Spector, despite evidence of a dozen other weapons in his home.


Cutler fought to keep out all of Spector's comments on the night of Clarkson's death. Most of his remarks ? "I'm sorry there's a dead woman here," and "If you're going to arrest me, just tell me what happened" ? were innocuous.


Cutler, who formerly represented Mob boss John Gotti, claimed that on the night of Clarkson's death, police "crashed" through the producer's home like "storm troopers," attacked him, hog-tied him, Tasered him and "figuratively punched him around until he said something." Cutler claimed that the statements were inadmissible because the police did not read Spector his Miranda rights.


Deputy District Attorney Douglas Sortino said there was no evidence that police engaged in any misconduct, and noted that the Taser had absolutely no effect on the producer, who refused to comply with demands to come out of the house with his hands visible.


The judge ruled all statements the producer made to authorities on the night of Clarkson's murder were admissible because they were voluntarily offered. Spector did not need a Miranda warning because he was never interrogated, Fidler said.


The judge also ruled that prosecutors could present evidence of additional weapons seized from Spector's home during a search warrant, but only if they contained ammunition that matched ammo found in the gun that killed Clarkson.


A seized 12-gauge shotgun was also allowed as evidence, because prosecutors intend to call a witness who claims Spector once assaulted her with a gun in his home and then chased her down his driveway with a pump-action shotgun. She is one of four witnesses the judge previously ruled may testify about the producer's alleged proclivity for pointing guns at women.


Prosecutors may not, however, delve into Spector's 1975 misdemeanor conviction for brandishing a weapon. Spector was initially charged in 1975 with felony assault with a deadly weapon for coming after a woman with a gun in his hotel room. According to prosecutors, he took a plea deal and the charge was knocked down to a misdemeanor.


Fidler set a trial date of January 30, but it may be changed to April 24, if Cutler is required to begin another trial in federal court in New York.


Spector had a subdued hairdo and a subdued expression on his face when he arrived in court Thursday. He wore a tan three-piece suit and knee-length jacket, a silver dragonfly brooch on his lapel, and black boots with three-inch heels.


A young, attractive brunette held Spector's arm in hers and appeared to be physically supporting the glassy-eyed, 130-pound producer as he entered the courtroom. Three oversized body guards kept watch from the gallery.


Spector first met Clarkson at the House of Blues in West Hollywood, where she was a hostess, and invited her back to his home in his limo. The limo driver later told police he heard a gunshot and saw his boss with a gun in his hand saying he had shot a woman "inside the castle."


"We deny in the clearest terms that he shot that lady, and it was Mr. Spector's gun," Cutler argued Thursday, pounding his fist. "We also deny in the clearest terms that Mr. Spector ever admitted that he shot that lady."









Prosecution wins evidence battle against Phil Spector

LINDA DEUTSCH

Associated Press

LOS ANGELES - Phil Spector went home appearing shaken after his lawyers failed to persuade a judge to limit evidence in his upcoming murder trial, including statements that the legendary music producer made without being advised of his right to remain silent.

The frizzy-haired 65-year-old Spector leaned heavily on the arm of a woman lawyer and was surrounded by three burly bodyguards as he left court. He spoke only once during Thursday's pretrial hearing, answering "Yes sir," when the judge asked if he waived his right to a speedy trial.

In spite of impassioned pleas from defense attorney Bruce Cutler and co-counsel Roger Rosen, Superior Court Judge Larry Paul Fidler turned down all of their motions to suppress evidence in the Feb. 3, 2003, shooting of Lana Clarkson.

The judge said accounts of the events of that night showed Spector made statements to police spontaneously and wasn't being interrogated. Although it was clear the creator of rock music's "wall of sound" was asking for his lawyer, Fidler said police did not press him for information before attorney Robert Shapiro arrived.

"The court finds all the statements are admissible as a point of law," Fidler said, adding that anything construed to be an admission has to be offered by the prosecution, not by Spector's lawyers. Spector's version of events may be introduced by the defense only if he testifies.

Among the most critical comments ruled admissible was one overheard by a policewoman who said Spector declared, "I didn't mean to shoot her. It was an accident."

Officer Beatrice Rodriguez said she overheard the statement as she stood guard in a hallway of Spector's castle-like Alhambra home, where Clarkson's body was found. Unlike other officers, she was not tape recording his comments.

Clarkson, the glamorous star of the cult movie, "Barbarian Queen," was working as a hostess at the House of Blues" the night she went home with Spector. Police were called when a limousine driver heard a gun go off.

The importance of the officer's testimony was underscored by a defense request to see all complaints ever filed against her. Representatives of the Alhambra City Attorney's office brought a box of documents to Fidler for inspection in his chambers, but the judge said he was sealing the discussion of the records.

On the same night that Spector spoke to police at his home he also made statements at the police station. Prosecutor Douglas Sortino said he does not plan to use those remarks, which include Spector's statement that Clarkson committed suicide.

According to a police report, Spector told Officer Derek Gilliam that Clarkson, 40, was waving a gun around and that she ignored him when he told her to put it down.

"Defendant said Clarkson began singing some of his famous songs, such as 'Da Doo Run Run' and "You've Lost that Loving Feeling.' According to defendant, Clarkson suddenly placed the gun to the side of her head and pulled the trigger," the report stated.

The report quoted him as saying, "I don't know where she got the gun from ... "

Cutler said the gun that killed Clarkson wasn't Spector's and that the producer didn't shoot her.

"The ownership of the gun that caused the death of Ms. Clarkson and how it was used and by whom will be battled out in this courtroom," he said. "We deny in the clearest terms that he ever confessed to shooting the lady."

Fidler set two different trial dates, Jan. 30 and April 24, contingent on the disposition of another murder case Cutler is handling. The first date would be abandoned if that case, involving two New York police officers, goes to trial before then.

Fidler also scheduled a Dec. 2 pretrial hearing.


Prosecutors in Phil Spector murder case want his statements submitted
LOS ANGELES (AP) — Prosecutors in the Phil Spector murder case asked a judge to allow statements the music producer made shortly after an actress was shot to death at his home in 2003 to be used at his trial.

Spector's lawyers have argued the statements he made after Lana Clarkson died should be thrown out because he was suffering withdrawal symptoms from seven prescription drugs when he talked to police.

But Deputy District Attorney Douglas Sortino said in papers filed with the court Friday that he plans to use a statement in which Spector allegedly said he accidentally shot Clarkson.

The prosecutors also urged Superior Court Judge Larry P. Fidler to forbid Spector's defense team from mentioning Spector's allegation that Clarkson committed suicide during key portions of the trial.

Spector's defense attorney Bruce Cutler said Saturday his client did nothing wrong on the night Clarkson died.

"Mr. Spector denies he shot anyone at his house and denies he said he shot anyone," Cutler said. "We have made motions to suppress certain statements that were not admissions and were illegally obtained."

Spector, known for creating rock music's "wall of sound," has pleaded not guilty and is free on $1 million bail. He faces life in prison if convicted.

Clarkson starred in Roger Corman's cult film classic "Barbarian Queen" and had been working as a hostess at the House of Blues on the Sunset Strip.

A hearing on the admissibility of the statements is scheduled for Thursday and likely will last several days, said Sandi Gibbons, a spokeswoman for the district attorney's office.

The judge has said he expects the trial to begin in January.


Phil Spector's accounts of Lana Clarkson shooting revealed

UPI News Service, 10/22/2005

Legendary "Wall of Sound" record producer Phil Spector reportedly told Los Angeles police actress Lana Clarkson sang his hits then shot herself to death.

In court papers filed Friday, Spector allegedly told police during an interview that Clarkson sang "Da Doo Run Run" and "You've Lost That Loving Feeling" before grabbing his gun and committing suicide, the Los Angeles Times reported Saturday.

At the scene, however, Spector reportedly apologized to police and said: "The gun went off accidentally."

The accounts were contained in papers filed by prosecutors Friday seeking to admit the different stories Spector told in the wake of Clarkson's shooting, during his upcoming murder trial.

Prosecutors claim Spector, 64, killed the B-movie actress after she went home with him from the House of Blues on Feb. 3, 2003.

Spector has pleaded innocent and remains free on $1 million bond.



Spector tries to block statement


Phil Spector
Mr Spector produced records by The Beatles and The Ronettes

Defence lawyers in the murder trial of music producer Phil Spector have tried to stop prosecutors obtaining a sworn statement he made in a separate case.

Prosecutors want a transcript and video of Mr Spector's deposition in a lawsuit he filed to retrieve a $1m (£562,000) fee he paid his former defence lawyer.
His new defence argued it was protected by lawyer-client privilege. A hearing on the matter was set for 2 December.

Mr Spector, 65, has denied murdering actress Lana Clarkson, 40, in 2003.

His defence team have filed a motion arguing Mr Spector would not have given a statement to his former lawyer if he had "thought that his deposition would be anything but privileged and confidential".

The music producer filed a case against his former lawyer in the murder case, Robert Shapiro, after an acrimonious split.

The deposition in question was filed on 19 July 2005.


Lana Clarkson
Lana Clarkson died at Mr Spector's mansion in Alhambra

On Monday, Mr Spector's lawyers asked that an apparent admission made by the music producer to police after a woman was shot dead be ruled out of his trial.

They said comments made after Lana Clarkson died at Mr Spector's home are inadmissible as he had prescription drug withdrawal symptoms.

Mr Spector allegedly said: "I didn't mean to shoot her."

A hearing in Los Angeles on Thursday will decide if the statements will be included at his trial in January.

Mr Spector, known for his "wall of sound" production technique, has pleaded not guilty and is free on $1m (£565,000) bail.

If convicted, he faces life imprisonment.

Ms Clarkson starred in Roger Corman's cult film Barbarian Queen and had been working as a hostess at the House of Blues venue in Hollywood.


The Malibu Times
Wednesday, October 19, 2005

The Phil Spector Trial

By Burton S. Katz / Retired L.A. Superior Court Judge

The alleged murder of actress Lana Clarkson occurred on Feb. 3, 2003, yet the trial of legendary rock producer Phil Spector will not occur until 2006, nearly three years after the fact. Why such delay? And who benefits?

The short answer is that it depends. In O.J. Simpson, any reasonable delay would have inured to the prosecution's benefit because its case was inchoate ... evolving. Robert Shapiro's team was smart enough to recognize that Simpson's best chance was to push for a speedy trial-before the prosecution could assemble the damning evidence that ultimately dribbled out during the course of a needlessly confusing and never-ending prosecution. Much of that case depended on evolving forensics and expert testimony. A trial just 90 days from the date of arraignment in the Superior Court was just not enough time for the prosecution and thus they were forced to constantly improvise.

In most cases, the defense benefits from long continuances, because witnesses' memories fade, the moment's passion is lost and the public wearies of the once sensational charges. Additionally, there is danger of the case becoming stale. But in cases like Charles Manson, time is friendly to the prosecution. Like a fine wine, the case ages well. In fact, had Manson's lawyers pushed for an early trial, the prosecution may never have proved its case. Susan Atkins, still under the spell of Manson, turn-coated and only time allowed the prosecution to secure the testimony of Linda Kasabian, a more believable and far less culpable witness, and to secure other damning evidence of guilt.

In Spector, both sides acquire benefits and deficits, though, on balance, the defense stands to benefit more from such extreme delays. Clarkson's death is surrounded by misinformation, innuendo and rank speculation. The public has had little credible information. We in the public sector will be learning about the "true facts" of the case for the first time at the trial. We will be fascinated with what really happened and why. Yes, we've all heard about Clarkson's alleged DNA on the gun that was purportedly in her mouth; that some of her teeth were on the floor next to her slumped body in a chair in the hallway of Spector's home. We know it was Spector's gun. We know only one shot was fired. We know that Spector was allegedly infused with drugs and alcohol and appeared incoherent upon the arrival of the police shortly after the shooting. If O.J. was a case of battling experts, you can rest assured that John Gotti's former lawyer, Bruce Cutler, will likewise make this a battle of the experts.

And with a public informed by the slippery forensics that purport to solve the insoluble in "CSI," "Cold Case," "Without a Trace," "Law and Order" and its progeny, a jury will demand no less than a prosecution and defense grounded in such dramatically inspired forensics. Indeed, the real life shows such as "Body of Evidence" and "Forensic Files" will demonstrate that it is required. This takes time to develop (for both sides). Also, the defense is presently pursuing motions to suppress Spector's statement to the police that he had shot and killed Clarkson allegedly made at a time when he was "hallucinating" while under withdrawal from medications purportedly withheld by the police. He is also attempting to keep out evidence of 14 guns seized from his home and his past misdemeanor firearm convictions. These are important motions that can affect the course of the trial; they also require the prosecution to ask for sufficient time to prepare a response-hence more delays. A game of chess has begun.

It is said that the defense need prove nothing, that it is the burden of the prosecution to prove guilt. True, as far as it goes. But here, when the body of Lana Clarkson, a beautiful 41-year-old woman, who would seemingly have no reason to commit suicide, is blown away by a Spector-owned gun placed in her mouth by "someone" in the House of Spector-a lot of explaining must be done. Spector cannot. The defense must attempt to tell its story through forensics. And time is needed for this. All the ducks must be in place for Cutler to amass his defense, including the manifold tests, examinations, experiments and availability of experts. Only after the experts have bloodied themselves on the altar of justice, will we know the outcome of the match.

And finally, Spector, who is quoted in a 1999 edition of Esquire as having said, "I continue to try to live up to the standard of one of my heroes, Henry VIII, who perhaps came as close to the ideal of perfect wickedness as the infirmities of human nature will allow," may find that he has a public image problem that needs "fine tuning."