April 14, 2009 4:05 PM

Spector Judge Not Giving Up On Verdict

(CBS/AP)  The judge in Phil Spector's murder trial has given the deadlocked jury new instructions with several scenarios as to how the legendary record producer might have killed actress Lana Clarkson, including that Spector forced her to put a gun in her own mouth and it went off.

Spector's attorneys had vehemently objected outside the jury's presence that Superior Court Judge Larry Paul Fidler was turning the defense against itself at the last minute because they had presented scientific evidence that Clarkson had probably pulled the trigger herself, either by accident or in a suicide.

The prosecution supported the judge's move on grounds there was "a plethora of evidence" that would support such a scenario, and the judge commented, "It's a reasonable inference that can be drawn."

The jury, which got the case Sept. 10, was sent back into deliberations after also receiving instructions including suggestions such as having new discussion leaders or reverse role-playing in which jurors argue opposing jurors' views. The panel talked for less than an hour before recessing for the night.

2"It's hard to imagine what new instructions is going to do for these jurors," says CBS News legal analyst Andrew Cohen. "The judge hopes that it makes the jury resolute toward reaching some unanimous decision but it could just as easily backfire and make jurors resentful about being sent back into the room when they have made it clear they can't agree on a verdict."

At minimum, Cohen adds, "if the jury remains hung up, the judge won't ever feel like he didn't go the extra mile to try to get a verdict. Even if Spector is convicted, this whole episode about the start and stop and start again of deliberations surely will come up on appeal."

Spector, 67, is charged with killing Clarkson in the foyer of his Alhambra, Calif., mansion on Feb. 3, 2003, a few hours after she met him at her job as a nightclub hostess and went home with him. During the trial, prosecutors called five women who claimed that Spector threatened them with guns in incidents long ago.

The defense presented expert witnesses who maintained that Clarkson, 40, was depressed and shot herself through the mouth, either on purpose or by accident.


© 2009 CBS Interactive Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.
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by ringading3 September 21, 2007 10:42 PM EDT
Heck, let''s call it a day and let Specter off. Let''s catch him next time, e.g. OJ.
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by myidoncbs September 21, 2007 7:27 PM EDT
I don''t know if Specter is actually guilty or innocent, but from what I''ve read about the trial it appears that there is a very good case for "reasonable doubt".

It''s obvious, however, that the judge wants a conviction. I suspect he wants to be able to brag about "getting a celebrity convicted". (As if Phil Specter is really still any kind of celebrity!)

Being the gun owner, having time to clean up afterwards, failing to call the cops, and a claim by a non-english speaking chauffeur that Specter said "I think I killed someone" is NOT sufficient evidence for a conviction. There are reasonable explanations for all of these facts. Plus, the forensic evidence simply does not prove that Specter did it. In fact, it seems to support the hypothesis that she killed herself.

I hope the jury received better information than the news media has reported to us, but given that the jury is hung, it doesn''t appear that they have. So, there''s no surprise that they are hung. The only surprise is that the judge is willing to introduce new, highly biased, instructions after the deliberations have already started. That will surely be grounds for an appeal if he is convicted.
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by previn2 September 21, 2007 7:15 PM EDT
Man, if that jury doesn''t convict that idiot, than I''ve seen it ALL! It''s a wonder Spector hasn''t killed someone a long time ago. If he gets out of this, you watch and see--it WILL happen. I ''aint kidding you, this supposed "judicial" system needs to be turned upside down and shook-out like dumping a trash can. Then sanatized, before we see a revolution of all the citizens, fed-up with all of this ***!
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by grumpas September 21, 2007 12:45 PM EDT
I don''t really understand what this jury is having problems with? It was Phil Spector''s gun, it was his home, he is the one who introduced the gun into the scene, he had more than enough time to arrange the scene like he wanted before the cops arrived. He isn''t even the one who called the cops, the chauffeur did after Spector came out door and said ''I think I killed someone''! If this jury can not reach the right verdict. Then the law might as well give celebrities a free pass to the city to do whatever they feel like including murder. The only problem with Judge Fidler. He wouldn''t let Spector orchestrate the trial and turn it into a three ring circus like he tried to many times. He is one of the better judges California has to offer.
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by bombadil4 September 21, 2007 12:34 PM EDT
I don''t suppose we''ll ever really know what kind of dysfunctional craziness was going on in that house. But it seems odd that with no eye witnesses and the forensics a wash or slightly in Spector''s favor, the judge would eliminate or minimize the prosecution''s "scenario" when that--plus alleged prior bad acts--was really about all they had. Asking the jury to come up with their own possible scenarios seems like a thin way to get a guilty verdict.
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by lawandorder7 September 21, 2007 11:03 AM EDT
Some peopl need to stay off this site. If this Dumb A-- judge gets a verdict, hr is the one who should sever it. NOT PHIL SPECTOR, this guy should be off the bench. He has made it clear he stands for the prosecution which is 1005 wrong for any judge to do.
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by brianbwb-2009 September 21, 2007 10:52 AM EDT
Finally, an article on this subject without the "wall of sound" reference. Thank you, it was starting to look like the W.O.S was put forth as some kind of justification for special treatment.
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