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.

Spector Trial Defense Afterthoughts

Yes there are a couple of things the defense team should have expounded upon. One was the fact that Spector called out to the limo driver for assistance, telling him to call for help. There is no other logical reason that Phil Spector did not call but for the fact he assumed the limo driver made a 911 call as he was asked.

The other was the limo driver’s X-Ray vision that allowed him to describe the brown wooden grips on the very small gun he claimed was in Spector’s hand. As you can see in the picture of A Colt Cobra in a small man's hand above that was impossible.

Another too late idea of mine was to have each member of the jury make a field trip to a police gun range and fire an identical Colt Cobra with .38 Special, +P ammunition. Since the Cobra is made of a light weight alloy metal instead of regular steel, the Cobra’s recoil is significantly more violent than the Colt Cobra’s all-steel twin, the Colt Detective Special. Watching the defense video of such a gun being fired was just not sufficient for the jury to experience.

Each juror would have all doubt erased about how Clarkson’s artificial front teeth were blown out by the explosion. The jury would also know that such an inter-oral explosion would spray the shooter with blood tissue and gun shot residue. The lawyers just did not know enough about guns to see the value of this exercise. I think that the prospective jurors would have had to be told of such a requirement before they were placed on the panel.

It’s Time For The Spector Jury To Face The Music

There will be no agreement and the foreman needs to get that note out to the judge that you’re all deadlocked. You can badger, threaten or nag all you want but people who understand and respect reasonable doubt will never budge.

Those jurors that feel that someone has to pay for a pathetic woman’s failed life and reckless actions with a loaded gun are a large part of society that hate the idea of personal responsibility.

Go ahead and grieve for Lana Clarkson’s mother and sister. Perhaps they failed Lana by not seeking intervention for this woman’s depression, alcoholism and drug addiction. The responsibility for Lana Clarkson’s death is a lot closer to home than Phil Spector ever was.

It’s time to let go of Phil Spector for good. Convicting Spector will not make life somehow better for anyone and Clarkson won’t be returning to this earth no matter what verdict is returned

The official Crimefile Review Of The Brave One

That memorable film starring the late, great Charles Bronson, Death Wish set the standard for vigilante heroes. The first movie led to a three-film franchise. As memory serves me the character, Paul Kersey went out looking for trouble but only engaged is justifiable homicide. Kersey’s only crimes were to break New York’s unconstitutional gun laws. Kersey always left the scene of his shootings which is never a crime. American’s have a right not to talk to the police under those circumstances.

The Brave One involves local New York radio host, Erica Bain (Jodi Foster) as a not so young bride to be who has found the love of her life. Bain’s dreams are destroyed in a vicious random act of violence. Soon NYPD detective Mercer (Terrance Howard) enters the picture as he's assigned to investigate and finds himself investigating a recent rash of homicides that appear to be connected.

The story is exciting and solid as is the wonderful acting of the entire cast. There are some script areas areas that indicate they should have had or taken technical advice from a seasoned cop. The general public won’t see the gaffs and what they don’t know won’t hurt them.Jodi Foster has never let us down yet in any films she’s been in. That’s why she gets the big bucks and gold statues along the way. When watching a film if you can be transported into the story because the actor is so believable you’ve got a winner. I predict yet another red carpet acceptance speech for this consummate pro. Terrance Howard really rocks in his role too. Casting for this film could not have been any better.

I don’t want to give away too much of this great yarn except to say it’s not Death Wish and stands on its own as a must see picture.

Here We Go Again, O.J. Simpson Arrested!

Okay, I told you so! That O.J. Simpson’s would hear his own words said to police and press out of presence of a lawyer read back to him in a desert courtroom. Las Vegas Metropolitan police have arrested Simpson for armed robbery. The Simpson arrest followed the arrest of the babbling, co-conspirator, Walter Alexander. Click on photo for his personal information.

Unlike his last scrape, Simpson will be out on bail in short order. Bail will be very steep and any money or property posted may well be seized to satisfy Simpson's civil judgment. This case is far from a slam-dunk and may take more than a year or even two to play out. I would not be surprised to see the entire Simpson posse including involved off-duty cops behind bars very soon.

Arrest Made In Armed Robbery Stew Connected To O.J. Simpson

An unidentified man was arrested by La Vegas Metropolitan police in connection with the private “sting” engineered by Simpson. Was this a case of O.J Simpson taking the law into his own hands in the form of an armed robbery? The law always allows a private person to make an arrest but that did not happen. There are way too many questions and conflicting statements concerning whether the property was turned over voluntarily or as a result of the threat of force.

Of course in the end you need a victim willing to testify to facts that established a crime. That too is in serious doubt according to a news story containing an interview by Associated Press reporters. Now that alleged victim, Alfred Beardsley is singing yet another tune claiming what he told the AP reporters was, “off the record”

Add to the mess the participation of any off duty police officers, who Simpson may have relied on to lawfully regain his property. The problem here may not be O.J. Simpson’s but that of the officers that apparently never executed any official reports. Of course if off duty officers were involved and determined that no crime or intent to possess stolen property was involved no reports are required. The peaceful transfer of property to a rightful owner is no crime.

As for any victims and witnesses, their First Amendment rights allow them to sell their newsworthy stories right now for big bucks to TMZ.com and those South Florida supermarket rags.

Complicated? That’s an understatement. Any prosecution may well depend on the stories given by various participants. If there ever is a prosecution here I would not be surprised to see immunity granted to Simpson in exchange for his testimony against his own posse.

Here is what the AP has published about this mess.

EXCLUSIVE! Were Off Duty Las Vegas Cops With O.J. Simpson During Alleged Robbery?

Crimefile News has learned from a reliable source that at least two un-named off duty cops may have been involved with O.J. Simpson in the alleged armed robbery at a guest’s room at the Palace Station Hotel. One of the officers is said to have organized crime ties. This strange story seems to be getting stranger by the minute. Stay tuned for more information.

Update: I’ve been told that Las Vegas Metro police will be un-founding this robbery investigation and not release the names of other participants. They will say it was much ado about nothing. I’m also told that the high quality surveillance tape used by the Palace Station has taken all of the guesswork out of determining just who was with O.J. Simpson.

O.J. Simpson Under Investigation For Armed Robbery In Las Vegas.

Las Vegas—You’d think O.J. Simpson would know how to say, “I want a lawyer” after his last and not so minor entanglement with the law. Today a lawyer less Simpson was blabbing to robbery detectives investigating him for an armed robbery.

Nearly every trip someone makes to a prison cell begins with an interview in a police interrogation room. Although police have not yet arrested Simpson the factt that he’s still free is meaningless. If police establish that a crime has in fact been committed and that Simpson is a suspect some Las Vegas bail bondsman and a lawyer can expect a new well paying client.

To charge someone with robbery police must be able to establish the ownership of property allegedly taken. If the property is Simpson’s there is no robbery. The only matter left for police are kidnapping, burglary, assault or weapons violations that may have been committed. Somehow I suspect we will hear Simpson’s own words read back to him in the not to distant future in a desert courtroom. The late Ernesto Miranda’s landmark Supreme Court legal precedent can’t help those who won’t help themselves.

Is The Spector Jury Deadlocked?

The line may well have been drawn in the sand as both sides of the jury squared off today. There was an early jury question this morning about procedures for dealing with a deadlock. Like so many of my friends the jury is divided and both sides are immovable. I could have predicted this outcome.

Should the jury inform the judge of a deadlock, he will do all he can to get the jury united with special deadlock jury instructions. The jury will have to spend yet more time in the same room as they begin to hate each other. We will all wonder how the vote is split. A heavy majority each way may determine if the case is retried.

Nobody wants to try this tar baby case again!

Update: The jury went home for the day and left no clues to help us understand their direction.

Judge Fidler’s Latest Jury Admonishment Falls Flat

It was beyond strange that both the defense and prosecution allowed Adam Gorfain a senior producer from NBC's Dateline to sit on the Phil Spector trial jury. That was in spite of his disclosure that he’s researched the Clarkson death investigation and Phil Spector.

Just this month Dateline has been drawing serious heat and another lawsuit for their sensational and ethically challenged series, "To Catch A Predator”.

Would Dateline hold off doing a story until the jury returned their verdict? With NBC’s dire need to boost their ratings decline, not a chance! Dateline problems were exemplified by their dumping of anchor Stone Phillips this week because they could no longer afford to pay his salary.

The Spector jury is far more at risk than any jury in memory for being contaminated by outside influences. Rather than sequester the jury Judge Fidler invited them to be bombarded with an avalanche of tabloid gossip by letting the jury loose in the unprecedented information age.

Judge Fidler apparently went out of his way to inform the jury of the Dateline hit piece targeting the Defendant. From the Court TV website Spector Trial Blog written by Harriet Ryan was the description of today’s judicial admonishment:

“The jurors are ready to call it a day. They look tired as they take their seats in the jury box. The judge wants to talk to them before they leave. "Dateline NBC" — the show, not the juror — is presenting an hour-long program tonight on the Spector case, and Fidler wants to make sure that channel-surfing jurors don’t ride that particular wave this evening.
“I have no idea what is in the show. I am not really interested, but the bottom line is, I am ordering you not to watch that show,” the judge says.
The judge gets a sly smile on his face and turns to Juror No. 2, the "Dateline producer." He says that while he is not expressing any feelings about the broadcast, “you are on lifetime jury duty.”
Everyone then laughs and then the juror replies tartly, “I thought I already was.”
Ouch, the judge says. More laughter, and the jurors are sent home.”

Here the good judge gave Dateline free advertising, and as they say in the TV business delivered a tease, a world class one at that. The lame warning did little more than tempt the jury to watch the Dateline special that included all of the material that Judge Fidler ruled inadmissible.

My prediction? Yet another well reasoned defense motion for a mistrial in the morning.

Cameras are Cops Friends Most Of The Time-- Just Not This Time

ST. GEORGE, MO--.This camera was set up by Brett Darrow, 20 who is a lad that’s been on the wrong side of run ins with local cops. It’s not the video but the audio that reveals an unfortunate verbal exchange between Darrow and Sergeant James Kuehnlein during a vehicle stop. The captured audio speaks for itself.

Had this been California and a citizen surreptitiously recordrd the audio of anyone the citizen’s car would get confiscated, held as evidence and the owner would face a serious felony charge. The illegal recording would never see the light of day in any legal proceeding against the officer!

Ever since Rodney King cops everywhere have been on notice that their bad behavior may well be memorialized for a hot television broadcast. Video cameras save many more cops every year from malicious liars that make false accusations against police.

This video with audio may well end Sergeant Kuehnlein’s career.

NBC’s Dateline to Exploit The Phil Spector Trial

NBC Dateline senior producer Adam Gorfain is right inside the jury room deliberating the fate of the legendary and gifted record producer, Phil Spector. I have no problem with this because it’s a rare day when you see the goings on during deliberations of any jury.

Often juries seem to miss admonishments, cross the line and engage in misconduct. The misconduct usually stays buried. I expect that secrets inside the Spector jury room will be few and far between giving the Defense exactly what they need to attack a guilty verdict should that happen.

I have confirmed a poorly kept secret. Dateline has planned to do at least one full hour broadcast on Gorfain’s jury experience.

Adam Gorfain is indeed a wild card and perhaps the exposure of the deliberations will keep the jurors honest. No I won’t dare predict the verdict or outcome but will be watching as the strong personalities emerge from this jury as they see a chance for stardom.

Update: 9/14/07 Dateline did a Spector hit piece last night you can learn about here.

Inside The Phil Spector Jury Deliberations

Here’s the way they should work:
1. Pick a foreman who stayed awake throughout the five-month trial.
2. Start with the physical and forensic evidence asking a simple question. Is it possible to shoot someone inside the mouth and not get significant spray of blood, tissue and gunshot residue on your jacket or shirtsleeves just inches away? If the answer is no the jury is finished and should sign and turn in the Not Guilty verdict form.
3. If the jury thinks Phil Spector is a world-class magician and figured out a way to make the bloody mess go away, then it’s time to guess motives of Spector to murder a total stranger and the motives for Clarkson to kill herself. In that mix there is room to examine the possibility of playacting with a gun. Did she know it was loaded?
4. If your still not satisfied that the government was able to prove its case it’s time to deal with Spector’s old girlfriends from decades past. The absence of injuries or police reports and their continued contact is a bit strange after their bedmate assaults them with a gun. Did the chance for fame and fortune bring these ladies out from under their rocks?
5. As for the Limo drive it’s really simple. Did he really understand or even hear Phil Spector’s mumbling?
6. If the jury has not figured it out by now its time to simply send a note into the judge telling him they are just not smart enough to decide this case.

The jury should have finished with just step one and two. If the hate campaign against Phil Spector has influenced the jury, look for them to be out more than two days.

Did Crimefilenews Cross The Line On Phil Spector’s Worst Nightmare?

First let me say that Crime, Guns and Videotape is a volg or blog. The rules are that there are no rules except honesty, decency and fairness. Opinions and commentary are really the wonder of the new age of communications.

The Internet is a great place where all men with computers are really equal. You can reach an audience further that you can shout. In the past you had to own a newspaper, radio or TV station to really be heard.

For those who don’t know I’ve spent nearly 40 years on the prosecution and defense sides of the criminal justice system. I’ve seen a lot of investigations, along with criminal and related civil trials. I know just how investigations are conducted and have observed hundreds of post mortem examinations. I have also done a lot of criminal defense work on behalf of innocent or overcharged suspects. Defense investigators can’t do much for the guilty but can be very effective for the innocent if properly utilized by defense lawyers.

I’ve examined all that I could on the Lana Clarkson death investigation, along with the arrest and prosecution of Phil Spector. After a careful study I could see the devastating damage done to Phil Spector’s life on a bad guess or perhaps a deliberate effort to hijack lady justice.

When I see injustice, I want to scream because it could be me or someone I love that becomes a victim. If we see injustice and ignore it we need to simply leave the human race. I can’t imagine passing my fellow man that’s been injured as he lay in the street. Phil Spector may be rich but he needs the help of others just like anyone in a crisis.

I’m not on Phil Spector’s payroll. I’m the guy in the crowd who sees an effort to destroy a man’s life and I refuse to simply stand and observe. I am on the side of an innocent man who has asked nothing more than for a fair investigation and trial. I am now on TEAM SPECTOR.

Jami Floyd of Court TV Got It Right On Phil Spector

Today, Jami Floyd of Court TV said it all when she addressed the evidence in the Phil Spector case.