The Last Man Standing For Phil Spector

That’s how Roger Rosen described his fellow Spector defense lawyer, Christopher Plourd to Judge Larry Paul Fidler as he and the rest of the legal defense team made their exit from further proceedings. Let me not fail to mention that bay area lawyer Dennis Riordan is still on board for the limited capacity of filing various motions. Don’t expect Riordan to make local appearances for Spector in the near future.

The purpose of this mornings proceeding's was to sort out the retrial of the legendary record producer who still faces a murder charge in connection with the mysterious death of Lana Clarkson.

Even Christopher Plourd has no clue what role he will continue to play in this pending case.

The very petite lead prosecutor, Alan Jackson has not bothered to shave since the mistrial. Jackson was looking like he’s back from a week long bender with Jose Cuervo.

Even Judge Fidler recognized that Spector will have a difficult time finding a qualified lawyer with a calendar that is wide open and free for the next full year it will take handle a second trial.

Prosecutor Alan Jackson wants to pick the new jury next week. That’s just not going to happen.

Also in court this morning was Donna Clarkson, Lana Clarkson’s mother. She has been strung along by this dubious prosecution now for four long years. She is the real victim who’s been mislead by both cops and prosecutors about Spector’s involvement in her daughter’s death. I’d like to think she’s not motivated by greed to loot Spector’s estate. She seems ever so lonely but maintains a veil of dignity. I know she’d like to scream at Spector, his lawyers and those jurors that refused to convict. Mrs. Clarkson has demonstrated strong character by her very proper behavior. I wish she somehow could have intervened in her daughter’s suffering while she was still alive.

Donna Clarkson would probably hate me and my blog but I wish I could somehow take the hurt away from her. Donna Clarkson lost her precious and troubled daughter. Lana Clarkson was every bit of the star she wanted to be in her mother’s eyes. The most natural thing for this mother is to assign blame and seek justice for what she believed to be a murder. There is no cure for this grieving mother’s sorrow.

When this morning’s hearing was over both Rosen and Plourd tried to answer every reporter’s questions once they left the courtroom. I can’t imagine what emotional journeys these lawyers are going through right now. They given three or more years of their lives to this effort they won’t get back.

We will just have to wait and see just who will sign on to this case for the defense. The new trial will be very different and at this point totally unpredictable. Of course a second trial is never a sure thing since here are issues that may prevent that from happening. Again, if there is a second trial let’s hope it’s fair and brings a fair disposition.

Some fine lawyer choices for Phil Spector:
Roy Black (FL), Gerald Schwartzback (CA), Richard Kibby (FL), Richard Gierloff (AZ),

007 Girl Lois Maxwell Dead At 80

Of all the James Bond movies I’ve seen there are two bond girls that stand out in my mind as the most fun. There was the incredibly sexy Honor Blackman who played Pussy Galore in Goldfinger and then of course Lois Maxwell who rocked in 14 Bond films as the flirtatious secretary, Miss Moneypenny. Maxwell in her 40s and 50s could always hold her own as well as any sexy Bond babe half her age. Maxwell, a Canadian born actress has died of cancer on Sunday in London.

The shock I have to get over is that Maxwell was somehow already 80 years old! My thinking was that she was never a day older that she was in her last Bond film in 1985. I will never get used to death and dying because it seems so unfair. I guess we have to accept that we’re all in this together and none of us are getting out alive.

Here is Honor Blackman in 1964 and the present. She looks great for 80!

Phil Spector Needs Time To Obtain A New Lawyer.

At least that’s what I predict. It’s very difficult to find a qualified lawyer to take over a murder trial that may take as long as seven months from the point of picking a jury. The better the lawyer, the busier he or she will be. Finding someone qualified with the time to prepare and try the case will be difficult at best. Judge Fidler is Hell-bent on taking advantage of Spector’s difficult position forcing him to trial even before he’s found new counsel.

The chances of one or more new lawyers filing a Notice Of Appearance in court Wednesday morning are zero. It’s only reasonable to assume the current legal team has made commitments to their other clients expecting the Spector case would have been over by now. Will Judge Fidler destroy Phil Spector’s right to legal counsel under the Sixth Amendment of our Constitution?

CA vs Spector is no case for an amateur criminal defense lawyer. This is a complex case that will make huge intellectual demands requiring the lawyer to be part scientist. Criminal law becomes more difficult for lawyers to practice every year with so many new ways to examine and evaluate physical evidence. Even the lawyers that want to take this case can't dump their other clients to handle this trial with out getting serious bar association complaints.

The prosecutors can whine about delays all they want but let’s remember it took a year before they could find a Grand Jury that would even indict Phil Spector for murder. You can’t blame Spector for that.

California’s Investigative Consultants Are Raking In The Cash!

I’ve learned some amazing facts about the California Private Investigator Examination. Of the people that can qualify to even take the test 85% fail the examination. Who are these failed applicants you ask? A high percentage of them are retired federal, state and local law enforcement officers including FBI agents! Many try to take the test again and still fail.

Having taken and passed the test I can say It was not a logical test and there were a few questions with more than one right answer. I have always had a gift for test taking and was disappointed to find out that the tests are only scored as pass or fail. I wanted to know what my score was and will never know.

These PI license applicants need not fear flunking the test because these guys simply set up shop as “Investigative Consultants” and rake in cash to do what they’re not licensed to do. The public and lawyers use these guys because they assume that they are somehow qualified. These rogue operators make excuses for their inability to get a license by simply saying they're retired law enforcement and don’t need a license. That kind of statement is just not true.

For every real licensed private investigator there are at least eight Investigative consultants working without a proper license who just can’t pass the test. Do you really need an unlicensed PI?

Surveillance Society And The Next Step.

Surveillance cameras are everywhere these days but our friends across the Atlantic have led the way with unleashing Big Brother technology on their citizens. They have recently admitted that their cameras may record the actual crime but thousands of criminals escape detection simply because nobody is able to identify the perpetrators. The Brits are working overtime to find out ways to improve their ever growing crime problem that’s been fed by draconian gun bans that provided better working conditions for muggers, rapists and killers. We seems to follow every British trend since the day that the Beatles landed in New York.

What is the next step you ask? Why the National ID Card will soon roll out complete with RFID technology alerting every camera with the personal data of those within the cameras range. Of course this too will fail too as criminals make sure their ID cards are not in their pockets while doing their deeds. The fun part of this technology will be in the form of fines people will have to pay when police on patrol using sensors discover people without the mandated cards. What a great new source for revenue! Of course this will also fail and then governments will next try implants on their citizens similar to those used to locate lost pets.

American ID cards began with the first driver’s licenses and until about 30 years ago they did not contain photographs. Before driver’s licenses Americans simply used the cards that came with every wallet sold to neatly print their names, addresses and other personal information. Stores gave credit to their local trustworthy customers. In those days you’d never find an avalanche of credit card offers in your mailbox. Americans soon traded their privacy for credit convenience and now demand to wear the mark of Cain. As Karl Malden would say, “ Don’t leave home without it!”

Earlier wallets contained a place to store money and another place to keep a few family snapshots. There were no credit cards so slots for them were not needed. Identification was nothing more than the information to help honest people finding the wallets return them to their rightful owners.

Do you call this inevitable evolution of security measures far fetched? Liberty loss in any country can best be described as incremental as citizens are led to believe that the additional measures are necessary and only people up to no good would object.

We all lose a little liberty in the name of security as each day passes. Folks it’s really coming and as that Unabom fellow they called a mad genius, Theodore Kaczynski warnned us in his manifesto, it won’t be pretty.

Americans have gotten by just fine for the first 200 years without wholesale privacy abuse and it seems the more privacy and liberty we surrender the higher the crime rate climbs.

Governments have a history of plundering from and then murdering their own citizens. Sooner or latter every good government goes bad. Will Theodore Kaczynski someday say, “I told you so!”

African Genocide, Torture, Mayhem, Gun Control And The United Nations

The call made by many today is for genocide intervention in Darfur, Africa. Darfur is only an example of a much larger problem of what happens when governments have onerous and effective gun control laws. Of course rogue governments are far more successful when they have unlimited powers to search the homes of civilians in order to disarm them.

Constant, wholesale slaughter and genocide has been a reality in Africa. Many hundreds of millions of Africans have been tortured and murdered, too often by or with the help of their own governments.

If all African citizens had firearms this kind of carnage would be impossible to carry out. The Liberal American approach to bring an end to the wholesale murder in Africa is to involve United Nations and American troops. Who pays for that kind of intervention and with how many American lives? Doesn’t sending arms and a few advisors to teach vulnerable Africans who to use them in order to survive make a lot more sense?

Groups like the Genocide Intervention Network just don’t get the concept that arming the entire population of a country saves lives. The majority of the human races are good folks trying to survive and raise their families. Genocide is always the work of a well-armed minority of evil people who intimidate, control and murder as a way to gain riches and absolute power. Can folks like Adolph Hitler, Josef Stalin, Pol Pot, and Idi Amin really carry out their murderous agendas against well-armed populations?

Right now the United Nations is trying hard to bring about GLOBAL GUN CONTROL. Under this effort only governments will have firearms. Let’s all ask some questions. What’s the real motive and intent of the United Nations? Are the folks at the UN simply misguided and dumb or do they have really dark motives to take away the ability of people to protect themselves? Are governments somehow more humane and trustworthy than the civilians they control? Can we trust the United Nations where the majority of its members despise the American style of Liberty and a free market?

What’s both heartbreaking and laughable is how the gun-ban lobby always uses select statistics from other countries like Japan that banned civilian ownership of firearms for propaganda purposes. The same disingenuous lobby ignores the hundreds of millions murdered by their own governments across Asia, Africa and Europe where gun control efforts are even more successful. I say stop them before they kill more.

First Monday In October

As most educated Americans know this is the Day the Supreme Court convenes after their long summer recess. This time of year various news organizations publish information about some of the cases before our Supreme Court that may somehow impact our lives.

The case that gun-rights advocates and haters alike are watching intently is Parker vs. District of Columbia. That case goes to the core of the Second Amendment. Either Americans have the absolute right to keep and bear arms or not. The weak and astonishing argument made by those who want guns banned is that the Second Amendment conveys that right to states rather than the people. Clearly the states are the government and inherently have the power to have arms without the Second Amendment.

Our Militia is not a government regulated organization but individual Americans with arms that can band together and deal with rebellions, insurrections, war and keeping the peace. The militia is also there to safeguard American freedoms should our elected officials and the bureaucrats they appoint engage in treasonous activities contrary to our Constitution.

The gun-rights haters want the court to take the activist position that sidesteps the existing method to amend our Constitution with a two-thirds majority. That activist concept wants the court to adopt the dangerous position that our Constitution is a “living document” that should be changed by the court to meet popular changes in attitude by some Americans. These folks want to rid us of that cumbersome amendment process requiring a super majority.

USA vs. Miller is the standalone case that has somehow allowed gun bans in America. The trouble with the Miller case is that it was not argued by anyone representing Miller. The case wrongly allowed government to only tax, and not ban certain firearms.

Leftist big-city politicians suffer serious crime problems, not because of gun-rights but their own failed social agendas. These same misguided Liberals introduced various sweeping bans across the country that victimized law-abiding folks by outlawing simple self-defense. The result of the bans were to make law-abiding Americans soft targets for our violent criminals.

One thing for sure The Washington DC gun ban may fall and this will impact similar such bans everywhere.

For up to date posting of the pleadings filed in Parker VS Washington DC visit this link.

The Sultan Of Sleaze Has Left the Building

Phoenix-47 year-old David Hans Schmidt was found dead in his townhouse of an apparent suicide. Schmidt was a reporter, turned publicist, turned wheeler-dealer, turned admitted extortionist who began his current career in earnest when he represented disgraced Olympic skater Tonya Harding helping her sell her own raunchy honeymoon video.

Schmidt liked to stay close to TV reporters and such always looking for a fast buck for information. Soon the reporters I know distanced themselves from Schmidt and his nefarious merchandise.

Too often Schmidt’s schemes had an extortionate odor to them as he made or tried to make deals with various celebrities such as O.J. Simpson, Paris Hilton, and Hugh Grant. Schmidt would try to “sell” the star's salacious and embarrassing items such as photos and videos he’d somehow gain control over.

Schmidt got a lot more than he anticipated when he tried to sell Mr.& Mrs. Tom Cruise copies of their own private wedding photographs. He was tethered to an electronic monitoring ankle bracelet while out on on a hefty bail. That along with an impending stretch in federal prison proved too much for Schmidt to handle.

Schmidt was no stranger to jail cells after his last marriage brought serious spousal abuse and contempt of court allegations.

One thing for sure, the Sultan was definitely one of the more unforgettable characters I have met. Perhaps there is a lesson here for others that wish to compete for Schmidt’s Sultan's title.

The Sultan’s website still can be found right here.

Did The L.A. County DA Violate Phil Spector’s Rights?

During the Phil Spector trial testimony we all learned that the normal investigative procedure for the L.A. County Coroner’s Office was obstructed by the District Attorney’s office. Lana Clarkson suffered a fatal intra-oral gunshot wound and based on early statements made by Phil Spector that this was an “accidental suicide” a standard psychological autopsy was both warranted and needed. The goal of such post-mortem examinations is to learn the true manner and cause of death with the history of the decedent’s alcohol, drug abuse and depression issues.

There was no psychological autopsy because DA’s office officials conspired with L.A. Coroner’s Office officials to engage in a cover-up to hide this crucial evidence from the defense, Superior Court, Grand Jury and ultimately any trial jury. This was a case of deliberate obstruction of justice rather than a simple mistake. It was done in an effort to frame the suspect Phil Spector on a bogus murder charge.

Phil Spector has the option of bringing an action in either federal or state court for the violation of his civil rights. The immediate impact of such a lawsuit would be the removal of the Los Angeles County District Attorney’s office from further proceedings because a conflict of interest would be established. Instead a special prosecutor would have to be named by the court to retry Phil Spector for murder.

The ultimate legal question I have is could this also force an end to further attempts to prosecute Phil Spector? Another question is also raised about the ability of Judge Larry Paul Fidler to hear this case. That’s because Judge Fidler may well have become a co-conspirator after he ruled against much of the psychological evidence produced by the defense from being disclosed to the jury.

Spector’s New Defense Team For Yet Another Trial

I’ve known a lot of criminal lawyers in my time and have worked with the Some of the best anywhere. Unfortunately there are a large number of media hounds that make high profiles for themselves as their clients go to prison.

I put some serious thought into who should be the new lead lawyer for Phil Spector. As the readers of this blog know, I sincerely believe Philip Spector is an innocent man. I would not wish on Spector any more of the headline grabbers or legal pundits.

My first choice would be Bay Area lawyer Gerald Schwartzbach who won a not guilty verdict for actor Robert Blake. Schwartzbach is brilliant, charming and has a great style. For a second chair I’d go with appellant lawyer, Dennis Riordan who was a late entry to the old team.

Spector had lots of great experts but lacked a needed firearms expert like author, Massad F Ayoob who’s been on the right side of some nearly impossible cases.

For investigators I can recommend myself to work with a little gal Schwartzbach used for Robert Blake’s case.

The defense can't be run by TV personalities but rather great speakers that will fill the empty defense holes like why Spector relied on the limo driver to call for help and the inexcusable 40 minutes that went by before police responded. Both of these things were used against Spector and were easily explained.

Mistrial Declared in Phil Spector’s Case

The vote was 10-2 in favor of a murder conviction against the legendary record producer Phil Spector. Judge Fidler did all that he could to unfairly lead the jury to a conviction. Under these circumstances the mistrial is a huge defense victory.

Further court action including dealing with the L.A. District Attorney’s announced decision to try this case again has taken place. The involved lawyers will get whatever feedback the jury will give them and use it to formulate their game plans. The lawyers will be back in court next Wednesday for further proceedings. Judge Fidler had what could only be described as a sour grapes facial expression as he announced the mistrial. Prosecutor Alan Jackson has tears in his eyes.

I suspect that prosecutors will have an even more difficult time with their witnesses as they forget the lies they told during the first trial. Of course the parade of bimbos from the ranks of Spector’s old bedmates may well be reluctant to face cross-examination again. I know the defense has some new questions for these ladies based on brand new information.

The good news here is the conviction train has come to a halt at least for now. It’s time for Judge Fidler to recuse from this case. I hope the next jury is sequestered by a new judge and there is at least an attempt at fairness.

New Spector Jury Deadlock Announcement @ 1:30 PM today

The jury and Judge Fidler communicated with each other this morning. The clerk announced that the jury ended deliberations and the Judge will have a court session at 1:30 PM.

We will again hear the word MISTRIAL!

This can only mean a final deadlock. Perhaps we will soon know the current split of the jury's vote and its direction. Of course Judge Fidler will be unhappy and may try again to force a conviction with some new scheme.

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.

Can Phil Spector Be Retried For Murder?

The murder trial of Phil Spector can be called nothing but a pseudo-legal train wreck. Judicial abuses and excesses designed to do anything but grant Spector a fair trial appeared at every opportunity. The damage done to Spector’s due process rights under our constitution is now well established.

From the abuse of judicial discretion by bringing in alleged witnesses claiming Spector engaged in gunplay in unreported and uncharged,long past events well before many of the jurors were born. Another huge problem I have is their stories are all exactly tailored to fit articles published well before the women came forward. When witnesses testify and use identical words, gestures and phrases it’s always a sure sign of perjury. That’s what happened here..

Today it’s obvious that the jury is deadlocked, evenly divided 5-7 because half the jury saw through the hate and lies. Half chose to simply stick with the scientific physical evidence. I hope damage done to Phil Spector by Judge Fidler’s agenda will never cause this jury to surrender to this judicial miscreant. The problem with judges is that sometimes they gain mind control over a jury the same as Charles Manson gained control over his murderous family. The results and verdicts tainted by this kind of judicial influence can turn out to be very unjust.

Just recently many of our most renowned law experts from our most prestigious law schools have not minced words about Judge Fidler’s “new” jury instructions that contain much more than the very strong odor of jury tampering.

The prosecutorial misconduct began with the government’s cover-up of Lana Clarkson’s mental state by derailing a normally mandated medical examiner’s psychological autopsy of this deeply troubled woman. That along with the ever-growing list of biased and prejudicial rulings from Judge Larry Paul Fidler damaged this internationally broadcast murder trial far beyond repair. No second trial can free itself from the sensational and permanent taint applied by a publicity hungry and rogue jurist.

(Note about the graphic I used. That’s really a photograph of German Nazi Party Judge “Raving” Ronald Freisler That photo was taken as he presided over the trial and death sentences of the German Generals who plotted to assassinate Adolph Hitler in 1944. The resemblance of that monster to Larry Paul Fidler is uncanny.)

A Treat For Crimefile’s Readers

The joy of this blog is I can bring anything I want here. This is a welcome break from the very heavy things I’ve been writing about. I’m a fan of musical theater and enjoyed the music of one of my favorite plays for more than two decades now. I’ve also grown up with the songs of a great lady whose voice has never failed. Sit back and enjoy the next couple of minutes with the incomparable Petula Clark.

On second thought Les Miserables is anything but a "light" story! The music however is wonderful.

Judge Fidler’s “Wall Of Injustice” In The Phil Spector Case.

The jury in the Phil Spector murder trial deliberated for a week and they were deadlocked. The jury sent out the note and Judge Fidler polled them on the question of whether further instruction would help. Three jurors volunteered that it might help. But help change whose mind was my question? I suspect that those jurors wanted the other side of their battlefield instructed instead of their own.

Judge Fidler took the unusual step to remove an approved jury instruction that was somehow preventing the conviction of Phil Spector and replaced that with two new and convoluted instructions that beg the jury for anything but an acquittal.

To date, Judge Fiddler spent many months scheming to find ways to get a jury to convict Phil Spector. Judge Larry Paul Fiddler has been biased, abusive and feeding his own agendas. The ever-growing laundry list of judicial rulings are against fairness and any attempt for a neutral inquiry into the death of Lana Clarkson. Judge Fidler is more like a Mike Nifong in judicial robes.

Judge Fidler Backed Off His Compromise Verdict Scheme for the Deadlocked Spector Jury.

Judge Fidler saw the error of his way and reversed his dubious plan of instructing the jury to consider a new and lesser charge of Manslaughter. Had Judge Fidler reopened the trial to new evidence and new arguments it would have sent a message to the jury that the judge wants the jury to convict Spector on that new allegation. That would have been indefensible judicial mischief designed to convict a defendant at any cost.

Now it’s time to reread the not so easily understood instruction about Reasonable Doubt. Pinpoint instruction was ordered deleted as the judge will insruct the jury that other instructions cover this better. (That's really code for the prosecution that wanted this out and it will screw Phil Spector.)

The jury will be right back where they ended yesterday evenly divided and in their respective trenches. Let’s get this mistrial over and move on!

Second City Cop, The Internet And Free Speech

When I wore a police uniform there was no Second City Cop exploiting the Internet to expose the employment related injustices that plague the lives of too many hard working and dedicated cops.

Working as a Chicago cop has become less desirable every year. Micromanagement along with the likes of Black Panther Party members and other police haters running Chicago has demoralized rank and file officers that signed on improve the safety and quality of life. I have to say today that it would not enter my mind to waste some Saturday taking the civil service exam to be a Chicago policeman. Okay, I will surrender to political correctness just this once and say police officer!

Somewhere from the ashes came Second City Cop in the form of an interactive blog where bad management, incompetence and hazards to officer’s safety are exposed. Satire, gossip and fun have found its way into the mix too. Often it’s comments made by cops in the field that expose problems and at the same time give a voiceless cop an opportunity to vent about any issues..

Second City Cop has been able to resolve more crappy labor issues by accident than the FOP was able to do on purpose.

It’s not all serious because there are a lot of laughs sometimes at the expense of others such as the delightful looking, Sergeant Chris Hitney. Hitney has never failed to show up at history making events.

I began my blog after suffering a profound but temporary 7 1/2 month hearing loss and being somewhat inspired by Second City Cop. I have enjoyed being just another unpaid blogger. Second City Cop is a success and gift to every working cop.

Second City Cop, thank you, you’ve made a difference.

If you’ve not been to Second City Cop here is the link.

Judge Fidler Now Wants A Compromise Verdict Of Manslaughter Against Phil Spector.

Yet another judicial outrage today as Judge Fidler wants to give the deadlocked jury a lesser charge than murder to consider. This was settled before the jury retired but now the judge wants to have the jury compromise on something lesser which may sway those demanding acquittal to convict.

The jury is split seven to five and without knowing the direction of the split that’s nearly even and may have ended of this case. Judge Fidler being unhappy with any advantage given Phil Spector sent the jury home as he dreams up ways of keeping the prosecution railroad train moving over Phil Spector.

In the morning the jury will be brought back and pressured to victimize Phil Spector some more.

The three women on the jury seemed to think that additional instruction will help. There is no doubt in my mind that Fidler will interject the compromise lesser offense option. Look for no movement until Thursday or Friday as Judge Fidler helps the prosecution.

Citizen’s Arrest Powers and The O.J. Simpson Palace Station Hotel Mess

At the Place Station Hotel two groups of men with lots of personal baggage and strange motives were assembled. Group A consisted of property brokers and dealmakers selling purloined property. Group B consisted of O.J. Simpson along with men helping him recover stolen property and detain a few criminal suspects. Add to Simpson’s group a peculiar insider, and apparent agent provocateur with a tape recorder with his own moneymaking agenda. None of these men are sympathetic figures by any means.

This strange story may yet involve two off-duty cops that were spotted on Palace Station security video. We can count on stranger details to emerge as this tale unravels.

My not so simple legal question is, did Simpson’s group have the legal power to resort to self-help and citizen’s arrest?

The event ended without anyone being hurt in any way. The hot property brokers apparently chose to return the property to Simpson’s group. Did the Simpson group decline to make the citizen’s arrest because they felt the matter was peacefully resolved?

Las Vegas Authorities have moved forward with an Armed Robbery theory that sounds valid on its face until you begin examining the powers citizens were given by law to make arrests and keep the peace. It does seem that Armed Robbery charges and 30-year prison terms are an over-reaction to the reality of the event. `

As I raise this relevant issue I’m not suggesting this was a smart move on the part of Simpson’s posse. Involving authorities and avoiding the conflict was the smart way to proceed. Nobody will ever accuse anyone in either group of being smart.