A stay from the California Supreme Court will keep attorney Sara Caplan out of jail for at least a week. The former Spector lawyer was ruled in contempt June 18 by Judge Fidler for her refusal to testify before the jury against a defense expert. An appellate court declined to hear her appeal, so Caplan went to the Supreme Court, which on Wednesday issued a stay on enforcing Fidler's order. Because the July 4 holiday is next Wednesday, the only day the court would normally meet, the earliest the court can rule on Caplan's petition will be July 11.
Fidler ruled that defense expert Henry Lee removed potential evidence after Caplan told the court she saw the criminalist with a small object in hand at the crime scene the day after Clarkson's shooting. Prosecutors say it was a piece of Clarkson's fingernail, and that it could show she did not shoot herself, as the defense argues.
World-famous forensic scientist Henry C. Lee, an expert for the defense, told the Hartford Courant this week he is unsure he will testify. Spector's attorneys have said they expect to call Lee, and told the jury in opening statements the same.
Judge Larry Paul Fidler has ruled Lee withheld a piece of evidence--possibly a broken piece of Lana Clarkson's acrylic fingernail--from prosecutors, violating evidence rules.
Lee is chief emeritus for scientific services for the state of Connecticut. In an interview with the Hartford, Conn., newspaper published Wednesday, Lee said he had not been told if he was still testifying, and downplayed his importance. "My findings not that important at all. Nine to 10 other expert witnesses will say the same thing. They don't really need me," Lee is quoted as saying.
The Courant quotes Lee as saying "Where does this 'conceal evidence' come from? Where does this 'destroy evidence' come from? Now, looking back, from day one they probably trying to set me up." Asked who might be setting him up and why, the story quotes Lee saying, "I have no idea."
Prosecutor Alan Jackson's cross-examination of defense expert Vincent DiMaio has gotten heated, with thinly veiled insults going in both directions. Jackson implied DiMaio, who said he is paid $400 an hour, is more of an advocate than a scientist. The jurors, some of whom looked bored during DiMaio's testimony Tuesday, perked up, clearly enjoying the fray.
At the break, Spector attorney Roger Rosen told Fidler that Jackson was editorializing to entertain the jury. "We are not here to entertain the jury. This man's life is on the line," he said, gesturing to Spector. As Rosen spoke, loud voices and laughter could be heard from behind the closed door of the jury room. Fidler said Jackson may indeed be out of order, and advised Rosen to raise objections if he felt it necessary. Rosen had said he did not object because DiMaio was attorney Christopher Plourd's witness. Fidler encouraged him to go ahead.
Returning from a bathroom break, Spector noticed his son in the hallway and acknowledged him. "I didn't recognize you with the long hair," he said, then introduced his wife, Rachelle.
After the two parted, Louis said they had not spoken in 20 years. "I'm still trying to absorb this," he said.
Vincent DiMaio stood before the jury with a clear plastic model of a head. He inserted a black screwdriver-like tool into the mouth to show the trajectory of the bullet.
Donna Clarkson, Lana's mother, left the courtroom, possibly upset by the display.
A photograph of Lana Clarkson's excised tongue, marked with cuts and bruises, is now being shown. Just before it was projected, Clarkson's sister, Fawn, left the room. Her mother, Donna, is looking at the floor, as she usually does when graphic photos of her daughter are shown. Vincent DiMaio is arguing the tongue was bruised by the explosion of gases when the fatal gunshot was fired inside Clarkson's mouth, contradicting earlier testimony by Los Angeles County coroner Louis Pena, who said there appeared to be a bruise made by the tip of the gun barrel, possibly indicating a struggle.
Bruce Cutler, who has been Spector's lead lawyer, remains absent from the courtroom. He is in Westlake Village, meeting with producers of a potential television show which would feature him in a mock trial setting.
Spector's son, Louis, is in court today. He is sitting in the back of the room, in cowboy boots, jeans and a black vest over his Western shirt. He has a beard, and long hair tied in a knot. He arrived alone, before Spector and his usual coterie. His father did not acknowledge him when he entered the courtroom, but Spector's two bodyguards greeted him warmly and shook his hand.
The trial is off for the afternoon because of a juror's appointment. Before breaking for the day, Judge Fidler heard a prosecution motion to admit testimony from a security guard who said Spector raged angrily and obscenely about women at two successive Christmas parties given by comedian Joan Rivers. Fidler had earlier ruled the testimony inadmissible, saying Spector's alleged "vile, crude misogynist rants" would be more likely to prejudice jurors than to provide useful insights.
But Deputy Dist. Atty. Pat Dixon argued that since Fidler's April ruling, two women, Rommie Davis and Kathy Sullivan, have testified to Spector's gentlemanly behavior. Dixon argued the security guard's testimony would be relevant to challenge the earlier testimony, which Dixon called "a misrepresentation of Mr. Spector's attitudes towards women."
Spector attorney Roger Rosen called Dixon's argument "a Grand Canyon leap in logic." Fidler said he wanted the security guard, Vincent Tannazzo, to testify in a hearing outside the jury, so he could assess his credibility before deciding whether to admit the testimony.
Also today, Fidler, echoing earlier rulings, Fidler said he was not going to allow the defense to bring in Lana Clarkson's sometimes despondent diary entries by saying that their expert witness had relied on ithem in developing his opinion. He also said he will consider whether her e-mails can be introduced on a case-by-case basis.
The defense's first witness is forensic pathologist Vincent DiMaio.
DiMaio retired last year as chief medical examiner of Bexar County, Texas. He is also a widely used expert witness.
Spector attorney Christopher J. Plourd spent more than an hour going over DiMaio's credentials. Nearing the noon hour and the end of the jury trial for Tuesday, DiMaio stayed what may the crux of his testimony: "People think the most difficult cases are homicides. That's not true. It's suicide. People do not want to accept suicides. They will try to make suicides homicides."
The defense will ask DiMaio to point out how gunshot residue, blood spatter and other evidence could show Lana Clarkson shot herself.
Spector attorney Linda Kenney Baden is conducting her final cross-examination of sheriff's criminalist Lynne Herold. It is a good example of an unstoppable force meeting an immovable object. Kenney Baden continues to cite studies supporting the defense's position that blood can spatter more than six feet. If that is true, the bloodstains on Spector's jacket could show he was standing too far from Lana Clarkson to have fired the murder weapon, which went off inside the actress' mouth.
Herold says she has read the studies Kenney Baden cites but insists a controlled experiment is not the same as a messy crime scene. Over and over, Kenney Baden will pointedly ask if Herold has read a study, and Herold will reply with something like: "I wouldn't equate the two circumstances. One's a laboratory study, one is a case."
Many of the jurors are paying close attention and taking notes.
Judge Larry Paul Fidler said the defense could start presenting its case tomorrow, and the prosecution would resume when the Caplan contempt matter is resolved.
Before jurors arrived in the courtroom, Judge Fidler told lawyers the California Court of Appeals denied attorney Sara Caplan's appeal of Fidler's contempt order for refusing to testify in the Spector case.
Caplan, a former Spector defense attorney, had testified in an earlier hearing she saw defense forensics expert Henry Lee pick up a fingernail-sized object from the floor of Spector's house, but balked at returning to tell her story before the jury, saying she would be improperly betraying her client. Fidler last week ordered her jailed, but stayed the command so she could appeal. Fidler said Monday he would briefly allow Caplan to remain free so she can file another appeal with the state Supreme Court.
The object was not turned over to prosecutors as required by law, Fidler ruled. Prosecutors said the item was a piece of Lana Clarkson's acrylic fingernail, which was blown off by the bullet that killed her. The broken nail could show Clarkson's hand was not on the trigger, so she could not have shot herself, as the defense contends.
Spector attorney Linda Kenney Baden is aggressively questioning prosecution expert Lynne Herold, who does not agree with the defense's position that blood can spatter more than three feet. The range of the blood spatter when Lana Clarkson was shot is a lynchpin to the defense's argument that she shot herself. Blood was found on the jacket prosecutors said Spector was wearing; the defense say the blood spatter pattern suggests he was five feet away, too far away to have pulled the trigger. Herold, on the other hand, says he was no more than three feet distant, well within range to have fired the fatal shot.
The jurors are staring into space, twirling pens. Two have foxed off for periods.
Missing from court today is Spector's nominal lead attorney, Bruce Cutler. Cutler said he will take at least this week off as the trial proceeds with scientific testimony -- not his area of expertise. He remains in the Los Angeles area, but is not coming to court. Whether his absence reflects a rift on the defense team, no one will say.
Observing the cross-examination of coroner's criminalist Lynne Herold this morning are the defense's A-Team of forensics experts -- medical examiners Vincent DiMaio and Werner Spitz, and blood spatter expert Stuart James.
As prosecutor Alan Jackson moved this morning to questions about the white jacket Spector wore the night of Clarkson’s death, he asked expert Lynne Herold, who holds a Ph.D. in biosciences, to review her professional credentials.
She recited a long list of associations she has worked with and groups she has consulted for. She mentioned she recently won an award for best professional paper for the year for one of the groups -- or more precisely, she shared first place honors.
“I tied for first place with myself because I submitted two papers,” Herold said, provoking open laughter from jurors and spectators, and a smile from Judge Fidler.
Julius Caesar, emperor of much of the then-known world, referred to himself in the third person.
So does former LAPD Det. Zvonko Bill Pavelic in a letter to Judge Fidler, posted on his website, criticizing the prosecution in the Phil Spector trial, using phrases like “patently dishonest” and “illegal.”
Pavelic's main charge is that the prosecution "infiltrated" Spector's defense. The claim was repeated in a motion filed by the Spector defense yesterday. While it may have gotten traffic on the Internet, the charge didn't get much traction in court. Fidler refused to entertain the allegations, saying he might do so if the defense submits them in a written statement sworn by Pavelic “under penalty of perjury.”
Prosecutors indicated this week they are nearing the end of their case, leading Judge Larry Fidler to announce that the trial is on schedule, and testimony should conclude in July or August.
In a dramatic courtroom confrontation, Spector’s former lawyer, Sara Caplan, broke down in tears today as she refused to testify before the jury against her former client. “I respectfully cannot answer your question,” Caplan told the prosecutor, Alan Jackson. Fidler then directed her to answer. “Respectfully, your honor, I cannot,” Caplan responded. “I have great respect for this court, for the Constitution of the United States and the State of California, and the ethical obligations of attorneys in this state,” Caplan said, saying her obligations as Spector’s lawyer prohibited her from answering. Fidler then cited Caplan for contempt of court. He said he had twice before told Caplan he would hold her in contempt for failing to answer questions about allegations that Spector forensics expert Henry Lee removed an object from the crime scene and failed to turn it over to prosecutors. “Having no choice,” Fidler said, he found Caplan “in direct contempt.” Fidler ordered her jailed, then delayed enforcing the order until Friday to give her time to appeal. Spector leaned forward on a cupped hand as he watched his former lawyer plead an obligation to keep silent on his behalf. Earlier, Caplan's attorney, Michael Nasatir, said forcing the lawyer to testify would be “unprecedented.” He suggested that Fidler could declare Caplan “unavailable” and then allow a transcript of her testimony to be introduced at the trial. But Fidler said attorney-client privilege, which Caplan cited as the reason for her silence, does not cover the testimony in question.
Firearms expert James Carroll, testifying this morning for the prosecution, lectured jurors on laws propounded by Newton, and described himself as someone who produces “unbiased, objective, high-quality work.” At one point, prosecutor Alan Jackson warned Carroll that he wanted a short, simple answer: “I don’t want to engage in a science class here, very briefly.” Prosecutors displayed Carroll’s notes analyzing the crime scene on a screen, showing a rough outline of a gun pointed at a simple stick figure. The picture depicted a gunshot the way a cartoonist would draw it for the funny papers. Carroll, in his testimony, said he concluded that the barrel of the murder weapon was inside victim Lana Carkson’s mouth when it discharged. But he could not say, as defense lawyer Linda Kenney Baden pointed out, whose finger was on the trigger.
Judge Fidler announced at 9:45 a.m. that informal discussions had failed to resolve the issue of Caplan's potential jailing.
"The contempt will proceed at 1:30 this afternoon," Fidler said. "That's where we're at."
Prosecutor Alan Dixon noted that prosecutors would have accepted a compromise.
Lawyer Sara Caplan said this morning she doesn’t know whether a deal has been struck with prosecutors to keep her out of jail.
Caplan, a former defense attorney for Phil Spector, was threatened with contempt of court and jailing when she declined to testify before jurors about an incident at Spector’s Alhambra mansion following the murder of Lana Clarkson in 2003.
“I don’t know,” Caplan said when asked if she will avoid a jail term.
Earlier in the 9-week long trial, Caplan said she had seen a defense expert collect a small item from the murder scene. Prosecutors contend it was a piece of Clarkson's fingernail, and say it was never surrendered to them. But Caplan has refused to testify in front of jurors, saying doing so would violate her attorney-client relationship with Spector.
Phil Spector's defense submitted a one-page, three-paragraph motion today accusing proseuctors of "infiltrating" the defense camp.
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No other details were immediately available. Judge Larry Fidler took lawyers into his chambers for a private discussion, delaying the scheduled opening of trial this morning past 9:30 am.
Judge Fidler has ruled a tearful Sara Caplan in contempt if she continues to refuse to testify. Caplan said earlier, under oath, that she saw forensic scientist Henry Lee place a white object in a vial at Spector's house. Prosecutors think it is a piece of Lana Clarkson's acrylic nail that had been blown off by the bullet that killed her. Fidler has allowed the prosecutors and attorneys to take some time to try to work out a deal to avoid holding Caplan in contempt. Prosecutor Pat Dixon and Caplan's attorney, MIchael Nasatir, are speaking animatedly in the court well.
How slow has this trial gotten? Spector, facing a possible murder conviction, is apparently dozing in his seat. His head has dropped, his eyes are shut. At least some of the jurors will understand -- a couple of them have nodded off for bits this week.
Spector attorney Linda Kenney Baden is cross-examining coroner's criminalist Jaime Lintemoot, trying to determine whether she might have compromised evidence. Kenney Baden has zeroed in on whether Lintemoot may have disrupted the bloodstains on Clarkson's dress when she used sticky tape to lift fibers off the dress. Lintemoot has held firm to her position that she avoided wet areas, taking care not to pick up bloodstains. The defense is counting on blood-spatter evidence to help acquit Spector. They argue that the pattern and size of the stains show Spector was standing too far from Clarkson to have pulled the trigger. It's important but tedious. A light moment occurred when Kenney Baden asked Lintemoot if blood on the dress became "dessicated." Lintemoot said "dessicated" was not the correct term. "I was trying to be like Mr. Cutler," Kenney Baden said of her colorfully eloquent defense colleague. "No one can be like Mr. Cutler," Judge Fidler quipped.
Jamie Lintemoot, a coroner's criminalist, is on the stand this morning to discuss evidence handling. Unlike Steve Renteria, the sheriff's criminalist who testified the last two days, Lintemoot's focus will be the body, rather than the surrounding crime scene. She will likely be asked about a tooth fragment she found laying on Clarkson's torso, as well as about blood, fingernails and clothing. The courtroom is again half-empty during this rather dry, scientific phase of the trial.
The cross-examination of criminalist Steve Renteria may have scored some points for the defense this morning. Renteria testified Clarkson's DNA, not Spector's, was found on the gun that was fired into her mouth. This could be cited later by the defense to argue Spector did not force the gun into Lana Clarkson's mouth and fire it, as prosecutors contend, but rather that the actress pulled the trigger herself.
Just before the lunch break, Spector attorney Christopher Plourd elicited from Renteria another potentially valuable nugget: A small amount of Spector's DNA was found on Clarkson's left breast. What that means, if anything, may prove interesting in the coming days.
Los Angeles County sheriff's criminalist Steve Renteria is on the stand again today, being cross-examined by Christopher Plourd. He has testified Spector's DNA was not recovered from under Lana Clarkson's nails. This suggests she did not struggle or fight with Spector before she was shot. It's pretty cut-and-dried stuff, with Plourd and Renteria courteously going back and forth like academics going over an experiment. The courtroom, packed in the first weeks of the trial, is sparsely occupied, with even fewer people and more empty benches than last week.
As has been the case in the last couple of weeks, the few sparks that flew today came without the jury present. The defense moved for a mistrial, saying Fidler’s handling of the controversy over whether forensic scientist Henry Lee took a fingernail-sized object from the crime scene was handled inappropriately. Fidler said the defense was “not even close to the grounds for a mistrial” and denied the motion, closing the matter in minutes. Sheriff’s Department criminalist Steve Renteria is testifying all day today about crime scene blood stains -- on Phil Spector’s and Lana Clarkson’s clothing as well as what was apparently smeared around the house. The testimony gets into the murky area of how far blood can be sprayed on impact from a bullet. The defense claims the relatively few blood drops on Spector’s clothing show he was too far from Clarkson to have shot her; prosecutors say they prove he was within three feet of her. -- Peter Y. Hong
This morning is the moment of truth for lawyer Sara Caplan, who has refused to testify about activity at the crime scene of her former client, Phil Spector. Caplan has said she is bound by law and ethics not to testify against Spector, but Los Angeles County Superior Court Judge Larry Fidler earlier said Caplan is “making a mistake.” The day began before Spector had arrived in court, with the prosecutor, Pat Dixon, listing defense witnesses who he alleges have violated a court order and submitted to media interviews. Fidler could rule on all the issues today.
Where is Bruce Cutler? The notoriously combative New York attorney, part of Spector’s blue-chip defense team, was not in court this morning. His illness delayed the trial for a week last month.
Det. Mark Lillienfeld entered into evidence a blister pack of Viagra found in Spector's briefcase the night Lana Clarkson was shot. It was a three-pack, with two missing. Asked by prosecutor Pat Dixon why the drug was evidence, Lillienfeld answered, "I thought at the time, as I do today, the crime had sexual overtones. The Viagra could prove or disprove certain facts." Lillienfeld said the darkness of the home, the lit candles and alcohol "all played into a sexually motivated murder."
Cross-examination of Det. Mark Lillienfeld continues this morning, but the next witnesses set to appear should be more dramatic. Two former defense team members, investigator Stan White and lawyer Sara Caplan, will tell of seeing star defense witness Henry Lee pick up a fingernail-sized object at the crime scene. Last month Judge Fidler ruled that Lee found such an item but broke evidence rules by not sharing it with prosecutors. The item is said by prosecutors to be a piece of Lana Clarkson's acrylic nail blown off by the bullet that killed her. They claim the nail fragment could prove her hands were in front of her face when she was shot, and she thus could not have shot herself. White and Caplan had testified in a hearing without the jury present. Now, the panel will get their first taste of a controversy that hits at the heart of the defense -- their case is girded by a scientific argument that bloodstains on Spector's clothes prove he was too far from Clarkson to have shot her. Lee has denied he found anything like the fingernail, but the dispute has shaken the forensic scientist's storied reputation.
Prosecutors are showing photographs of the inside of Phil Spector's Alhambra castle, pointing out numerous phones Spector could have used to call police. The photos reveal a haphazard decorating style of mismatched furniture pieces, clutter and department store appliances. It's a surprising picture of the tycoon's castle.
Sheriff's homicide detective Mark Lillienfeld is on the stand, answering questions from prosecutor Pat Dixon about the proper handling of evidence.
Lillienfeld has spoken of the need to meticulously label all items found at the scene of a crime.
Dixon is likely laying the ground to try to show later that the defense was sloppy. Former members of the defense team are expected to testify today that they saw forensics expert Henry Lee pick up a fingernail-sized object that was never shown to prosecutors.
Phil Spector is wearing a tie today for the first time in the trial. His wife, Rachelle, said she does not know what inspired him to don the tie. "I took a picture" she said, explaining it is likely a one-time event.
Lana Clarkson's mother and sister have returned to court after skipping the Coroner's often graphic testimony about the actress' death.
After the coroner Louis Pena was asked about fingerprints on the drawer that allegedly contained the murder weapon, Phil Spector and defense attorney Bruce Cutler conferred intently at the defense table.
Cutler nodded vigorously, and Spector smiled, almost laughing out loud.
What could have so amused the 67-year old Spector, a man effectively on trial for his life?
“Some things must remain confidential,” Cutler responded with a smile.
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This afternoon, jurors were shown an autopsy photo of Clarkson’s right hand, which was clean. The prosecutor, Alan Jackson, then displayed another photo, this of a hand bearing dozens of visible spatters of blood. It was taken from a textbook showing how a hand appears after a self-inflicted gunshot.
-- John Spano
Judge Fidler drew chuckles with his quick response to prosecutor Alan Jackson's apology for delaying questioning of the long-enduring medical examiner, now in his fourth day on the stand:
“That’s ok, Dr. Pena’s gotten used to being here."
-- John Spano
District Attorney investigators last week visited Spector's Alhambra castle under a search warrant signed by Judge Fidler.
The warrant is not yet public, but Superior Court spokesman Alan Parachini confirmed the warrant was executed late last week, and its purpose was to allow measurements of the foyer area, where Lana Clarkson's body was found.
-- Peter Y. Hong
Pena testified that men prefer guns when they commit suicide, but women are “much more likely to overdose” - at least in Los Angeles County. The coroner this morning said he based that conclusion on “personal observation.”
-- John Spano
Despite Judge Fidler's ruling excluding much of Lana Clarkson's diaries from Phil Spector's murder trial, defense attorney Christopher Plourd was allowed to ask medical examiner Pena about a series of emails in which the aspiring actress discussed feeling depressed.
“’I’m so tired of struggling to eat,’” Plourd quoted one of the emails. “Do you think that’s from someone who has a positive outlook on life?”
Pena said he did not believe it indicated a mental disorder.
Pena acknowledged that he had heard reports that Clarkson had said she had heard voices, but said she appear to be funcitonal.
“’Financially my life is a shambles and I am on the verge of losing everything’,” Plourd quoted another email, which he said she wrote to a friend within four months of her death on Feb. 3, 2003.
“I’m on the verge of losing it all-just hanging on by a thread,” Plourd quoted another email, which he said was written the Christmas before her death.
Pena acknowledged he was not aware of any of the three emails, or other references Clarkson made to repeated migraine headaches, and did not consider them in ruling her death a homicide.
Pressed repeatedly by Plourd whether those emails would have made a difference in his ruling, he responding vigorously:
“Absolutely not.”
-- John Spano
Jurors will not hear about most of Lana Clarkson’s private memoirs, gleaned from her computer after her death.
Judge Larry Fidler’s decision this morning was a surprise. Last week, he had said he was leaning toward allowing the writing into evidence - as the defense sought to show that Clarkson might have contemplated suicide.
But after viewing court papers over the weekend, he said that Clarkson had not added to the account for several years before her death.
“I don’t consider anything in this particular document to be significant,” Fidler said. “I find nothing of any probative value.”
The decision assured another slow day of cross examination of Dep. Medical Examiner Louis Pena -- his fourth. -- who concluded Clarkson’s death in the foyer of Phil Spector’s Alhambra mansion was a homicide. Spector is on trial for murder in downtown Los Angeles for the 2003 murder of Clarkson. The defense has suggested that Clarkson, an aspiring actress, had committed suicide.
-- John Spano
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