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.
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