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.
17 comments:
Hi Paul,
Thanks so much for this update. This provides more than a glimmer of hope for those of us who support Phil.
The thing is so much of this rests with Fidler-and unfortunately Fidler doesn't seem too keen on Phil.
If there is anything we can do that might affect an outcome POSITIVELY please provide some idea. Just because an email was sent out urging us to slam the judge or dredge up dirt on Lana, doesn't mean all of us are comfortable going that route. Yes, anger is justified in the outcome of trial. We are angry. But IMHO spitefulness is not going to be a useful vehicle in our being taken seriously by others whose opinions we need to sway. So what can we do?
Please give us your take.
Thanks!
Hi Paul,
I think the defense should slam the judge - although I also happen to think he should, together with the District Attorney and prosecution, be ostracized from the legal community for what he has done here.
There should be a public outcry about this trial because as you so accurately stated: if this can happen to Phil Spector, it can happen to you, me, our loved ones, or anyone.
I would like to hear more from Baby Doll Gibson. Telling the truth is not digging up dirt on Lana Clarkson. If she was a prostitute who played with guns that we should know more - it is a relevant fact here.
Thank you, Paul.
All the best,
Kelley
Paul,
This "trial", had more in common with the Salem Witch trials, than it didn't.
LA has only extended it's horrible track record in Justice, setting murderers free, and now convicting the the innocent by hook or by crook.
LA Justice is laughable. At thee highest levels too.
Between 1 and 3 years...
Well I have 2 questions... can Phil's age speed any of that along?
If Phil dies before any civil trial reaches a decision, does that kill the civil liabilities?
I am glad the chances of legendary record producer Phil Spector (who came up with some really great music in his time) getting a new trial are really high.
Judge Larry Paul Fidler enjoyed his control, allowed the jury to be tainted by living ex-girlfriends and of course the horrifying photos of Lana - a picture tells a thousand words.
A successful hate campaign brought a conviction that was not supported by the physical evidence or beyond a reasonable doubt.
I see a solid conspiracy to frame Phil Spector. To be framed does happen alot in Los Angeles
Paul asked if Spector will survive incarceration in a California prison during this process? I think that if we all continue to support Phil Spector by chanting for the physical evidence to be taken into consideration and not the words of an illegal worker who can't speak English and if Rachel and Doron Weingberg Phil's lawyer stick by him he may survive the frame up if it is indeed a frameup which the physical evidence points to.
I was at the press conference afterwards. The forewoman was asked repeatedly by different members of the press, what was the one piece of evidence that allowed them to reach their decision. Her response was, "We looked at the totality of the evidence." Now let's see...When asked about the science she just shrugged her shoulders; when asked about the limo driver the response was they discounted his words; when asked about the expert witnesses the response was " We figured they (prosecution) had theirs and the defense had theirs. So what exactly did you base your decision on? Because as I type there's an innocent man wasting away in jail awaiting his sentencing.
Dr. Pena who testified for the prosecution used the the words "totality" and "context" more times than I could ever count during his time on the stand. I think every other word that came out of his mouth was either totality or context. Dr. Laskhman who heads the coroners office I believe in one breath talked about how his office is separate and independent from the sheriff's dept and in the next breath, with his hand over his heart no less blurts out,"I'm here for Lana Clarkson."
I pray that Phillip can hang on until this appeal comes through. I want him to dance as he's never danced before. I want to see his great smile fill his face once more.
Your biggest problem with these cases is the lack of real evidence. When there is no real evidence the prosecutor gets to BS the jury and use tricks and slander to convict. With a dumb enough jury (all too common) a conviction can be obtained by these methods. These rubbish prosecutions have now spread elsewhere in the world, as shown by the case of Amanda Knox, charged in Italy with the murder of Meredith Kercher. The 'evidence' so far presented in that case consists of the opinions (!) of various Italian cops as to how she behaved and the opinions of the prosecutor, (who is himself under indictment for crimes!)
It all started with the Scott Peterson case where it was shown that a conviction and death penalty could be obtained with zero evidence of guilt. Many other cases have been resurrected and sent to trial as a result, all with no evidence and the jury merely giving their opinion on the character of the defendant.
In response Aloha's latest posting
The jury forewoman was asked repeatedly by different members of the press, what was the one piece of evidence that allowed the jury to reach their decision. Her response was, "We looked at the totality of the evidence."
Anonymous says: To look at the totality of the evidence is good, but the forewoman's later response to the press shows the jury did not consider nor weigh the totality of the evidence.
Aloha went on to say -
When asked about the science she (the forewoman of the jury) just shrugged her shoulders;
when asked about the limo driver the response was they discounted his words;
when asked about the expert witnesses the response was " We figured they (prosecution) had theirs and the defense had theirs.
Aloha also said: So what exactly did you (the jury) base your decision on? Because as I type there's an innocent man (Phil Spector) wasting away in jail awaiting his sentencing
Anonymous says: It seems that the jury discounted or ignored the evidence and were led by their own emotions which were being manipulated by the goodlooking prosecution attorney Alan Jackson, and the gruesome pictures of Lana Clarkson on a huge screen shown to the jury after she died in Phil Spector's home.
A picture is worth a thousand words. But this tragic and disturbing picture of Lana does not tell you who is responsible for Lana's death.
In addition to show a jury a gruesome picture of a person is to stack the odds against anyone accused of murder.
Is it possible that the "totality of the evidence" which led the jury to convict Spector was the pictures of Lana and the prosecutions' strong rhetoric against Spector.
I do not know the truth I was not there.
But the problem is that if the jury ignored relevant and important scientific evidence pointing to Phil Spector's innocence, the lack of dust on Phil Spector, his prints not on the gun, then the jury did not "look at nor weigh the totality of the evidence"
I pray that Phillip will make it, and that he will continue to have support from Rachel, his family and lawyers- and that he will have his conviction reversed-as there is some scientific evidence that the jury in the second trial did not consider which may point to innocence and/or reasonable doubt
He is one scary lookin dude, I'll tell you that.
This says it all
From the 2007 trial, but indicative of the judicial bias
http://www.homunculus.com/articles/clarksonlana/clarkson20070531ap.html
LOS ANGELES - The Phil Spector murder trial erupted in intense arguments outside the jury's presence Thursday over whether the defense can introduce a diary written by gunshot victim Lana Clarkson in which she wrote about having visions of a dead actress, experiencing depression over her acting career and having a fascination with guns.
Prosecutors acknowledged that they knew about the material but considered it untrustworthy and did not submit it to the coroner's office.Fidler tried to suppress the diary
http://www.homunculus.com/articles/clarksonlana/clarkson20070604ap.html
In response to Anonymous
"He is one scary lookin dude, I'll tell you that."
You would look scary lookin too if a bunch of people got together to frame you so that your liberty would be taken away from you for the rest of your life.
The question is, how do we get that Appeal when so much of Phil's fate rests in Fidler's hands, a man who has on obvious slant towards prosecution?
We had OJ and Robert Blake...Everyone laughed at the LA Courts and said "celebrities can get a get-out-of-jail-free card." They wanted to make an example out of Phil. And that they did.
And I agree with Anonymous. When's the last time you saw a "good looking" mug shot? Hello-it's got to be the lowest point of any person's life.
http://www.petitiononline.com/Spector/petition.html
If you want to help start by writing your local, state and federal representatives. Among other issues you can raise diplomatically, explain that you realize this is a politically sensitive issue but there's no justification for him to remain in custody pending the outcome of his appeal. He's not a threat to the public, he's not a flight risk and he's attended all his required court dates. If enough people write, perhaps change will come about. After all, you'll regret more things you didn't do than things you have done.
Well folk's... Whaddya know... you can leave links, to articles, if you work at it a little. So I decided to touch up the ones Spector rooter posted.
:)
Spector Rooter said...
Spector defense seeks to introduce diaryLOS ANGELES - The Phil Spector murder trial erupted in intense arguments outside the jury's presence Thursday over whether the defense can introduce a diary written by gunshot victim Lana Clarkson in which she wrote about having visions of a dead actress, experiencing depression over her acting career and having a fascination with guns.
Prosecutors acknowledged that they knew about the material but considered it untrustworthy and did not submit it to the coroner's office.
johnrw says: ...because they already had Phil Spector in their sights, as the shooter, they never explored any different possibilities. Or worse, discounted evidence that should have given them a reason to not even prosectute Phil to begin with. As for the Medical Examiner, only doing a psychological autopsy when a victim's family asks for it, when the ME has ruled a suicide death... don't tell me that a prosecutor's office can't have one ordered.
Before jurors were sent out of the courtroom, Deputy Medical Examiner Louis Pena testified he had not considered doing a "psychological autopsy" on Clarkson because he had concluded her death was a homicide, not a suicide.
The actress died of a gunshot fired inside her mouth in the foyer of Spector's suburban mansion more than four years ago.
"We do a psychological autopsy only at the request of the family when it's ruled a suicide," he said.
At that point, defense attorney Christopher Plourd tried to begin questioning the coroner about whether he considered documents found in Clarkson's computer after she died.
There were objections by the prosecution and, after a brief conference at the bench, Superior Court Judge Larry Paul Fidler dismissed jurors from the room and ordered a full-scale hearing on the issue.
That was when Plourd disclosed some of the contents from a computer hard drive which contained a Clarkson composition called "The Story of My Life."
In the document, Plourd said, she discussed having had drug problems in her youth and said she drank 17 shots of tequila on her 17th birthday.
"She has delusions," Plourd said, "She's seeing people who are deceased and talks to them. She talks about seeing a dead actress who comes to her in visions, a struggling actress who didn't make it and killed herself with a gun."
Spector judge rejects use of ‘diary’LOS ANGELES - Lawyers for record producer Phil Spector cannot immediately use what they claim are diary-like writings of a suicidal vision taken from the computer of the woman Spector is accused of murdering, a judge ruled Monday.
The clearly peeved judge rejected the defense team's attempt to use the material to cross-examine Dr. Louis Pena, the coroner who concluded actress Lana Clarkson's Feb. 3, 2003, death at Spector's mansion was a homicide. Pena disputed defense insinuations it was a suicide. The article continues...
REMINDER 29TH May 2009 is the day that Phil Spector gets sentenced by Judge Larry Fidler.
I guess we can expect at least 18 years.
Lets hope the California Court of Appeals and their judges will be able to be fair - with this record on appeal.
I was wondering whether the appeal court is able to look at the record from the first trial that DID NOT convict PHIL SPECTOR, or just from this last trial where the EMOTIONAL JURY did convict Phil?
I support phil spector and feel he was set up by the sme people he was paranoid of killing ronnie and did kill lennon etc...
I made a website freephillspectornow.com plese visit it and i pray for phil...I myself am a producer and am planning on making a movie about his life and include the set up....then they can set me up for murder and railroad me to jail...
i support phil
www.freephilspectornpw.com
set up by the same devils that killed lennon
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