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Retrial in former Napa woman's death heads toward jury selection
Friday, October 17, 2008
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1:30 p.m.LOS ANGELES — Phil Spector’s defense lost a motion Thursday to exclude from his murder retrial testimony by a witness who says the record producer used incendiary language about women and stated that they should be shot 10 years before his arrest in the gunshot death of actress and former Napa County resident Lana Clarkson.

But Superior Court Judge Larry Paul Fidler said he would consider excluding a specific obscene word the witness says Spector used in describing women in the early 1990s. Lawyers said they would present case law on the issue Monday before questioning of prospective jurors begins.
Spector is charged with second-degree murder in the 2003 death of Clarkson, 40, at his Alhambra mansion. She died of a gunshot through the mouth while seated in a foyer. Spector’s first trial ended a year ago when jurors deadlocked 10-2, with the majority in favor of conviction.

Clarkson and her family lived in Angwin in the 1970s. She attended Pacific Union College Preparatory School in Angwin in 1978 before moving to Southern California with her family.
The defense sought to exclude testimony by Vincent Tannazzo, a retired New York city policeman who worked security at two of Joan Rivers’ Christmas parties a year apart.

Tannazzo testified at the first trial that Spector was ousted from the parties and on both occasions he heard Spector say that women — described with the obscene term — “deserve a bullet in their (obscenity) heads” and that he should have shot the woman who invited him.
“In both cases, he says the exact same thing. This is not an off-the-cuff remark,” prosecutor Alan Jackson told the judge. “It shows his state of mind regarding women.”

Defense attorney Dennis Riordan responded: “The problem is a misogynistic attitude is not a basis for admission of evidence. But this is the theory of the government’s case.”

Fidler said there has been evidence of Spector’s views on women from the time of Clarkson’s death back to 1972.

“It’s a period going back 31 years,” he said. “You have a long history of acts that indicate the defendant believes in violence toward women.”

The judge said he was inclined to admit the testimony in the second trial, but “I was very concerned about the language.”

Fidler said women have told him of having “a very visceral reaction to this word,” and he was afraid of the prejudicial effect. But he told lawyers that if he does not decide to exclude it, they will be allowed to question prospective jurors about their reactions to it.

Jackson argued: “There is no justification for sanitizing it. Is it offensive? Yes it is. But it shows what Mr. Spector thought of Lana Clarkson.”

Riordan stressed that the incidents occurred a decade before Spector met Clarkson.

Attorney Doran Weinberg, Spector’s lead lawyer in the new trial, said he was concerned that the prosecution’s remarks indicate the case “is going to be tried on a theory that Phil Spector hates women.”

He argued that Spector can’t be tried for “having an attitude.”

Spector, 69, famed for inventing the “Wall of Sound” recording technique, did not attend the hearing. Attorneys said he would be present for jury selection.

In the first trial, the defense suggested that Clarkson took a gun from a drawer in the foyer and shot herself. She had gone to Spector’s home after meeting him hours earlier at her job as a nightclub hostess.

Prospective jurors filled out a 33-page questionnaire earlier. The judge said a number of prospects had been eliminated for hardship reasons. But he also said that two people were dismissed from the panel because they apparently were “colluding” on answers designed to get themselves excused from jury duty.

 
2 comment(s)

y2kcbr wrote on Oct 17, 2008 4:54 PM:

" The court is not ready for his hysterical outfits yet again "

14obama wrote on Oct 18, 2008 10:17 AM:

" You mean to tell me that Spector is still breathing in and out ? What a hypocritical society we live in ! Murderers walking free because they have more money than the 'other guy'. Now,that's what I call SICK ! "

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