GUILTY CA - Lana Clarkson, 40, fatally shot, Alhambra, 3 Feb 2003

[panthera]

Yes, without a doubt.

Jeana, what is your opinion of the possibility that the Judge will now add the manslaughter option, after the fact, so to speak? Isn't there a chance this is something PS could win on appeal since it might give the impression to the jury that the Judge believes PS is guilty and is adding this option so they'll return a guilty verdict?

 

[Jeana (DP)]

Jeana, what is your opinion of the possibility that the Judge will now add the manslaughter option, after the fact, so to speak? Isn't there a chance this is something PS could win on appeal since it might give the impression to the jury that the Judge believes PS is guilty and is adding this option so they'll return a guilty verdict?

I'm not a criminal defense attorney and I know zip about California criminal law, but the talking heads on CourtTV said that not only could Judge Fidler rule that it was an accidental shooting on the part of Spector, but that he was bound by California law to do so. I don't know if he had to wait until a verdict was reached or what. I feel that it was a huge mistake to have the "all or nothing" instruction.

 

[panthera]

Yes, if it ends up hung--BUT the judge hasn't called a mistrial yet. I am worried that if the judge gives more instrucations, which three of the jurors want, then maybe it will go to not guilty.

5 to 7 -- 3 jurors want more instructions = ?? Who knows!

It will be interesting, to say the least.

That's just it, we don't know which way the 7/5 split is. And since only 3 of them said they might come to agreement if they got clarification on an instruction, that still doesn't even it out to a unanimous verdict.

 

[panthera]

I'm not a criminal defense attorney and I know zip about California criminal law, but the talking heads on CourtTV said that not only could Judge Fidler rule that it was an accidental shooting on the part of Spector, but that he was bound by California law to do so. I don't know if he had to wait until a verdict was reached or what. I feel that it was a huge mistake to have the "all or nothing" instruction.

I think he should've included manslaughter with the original charge to the jury, not after they've come in deadlocked. To me (and I believe PS is guilty) it just seems like the jury could interpret it as "the judge thinks he's guilty so we better vote that way" which might get the verdict overturned on appeal, imo. I think he should just read the instructions to them again, let them go back to the jury room and see what happens. If they ultimately hang, then so be it, retry the case.

 

[jilly]

I'm not a criminal defense attorney and I know zip about California criminal law, but the talking heads on CourtTV said that not only could Judge Fidler rule that it was an accidental shooting on the part of Spector, but that he was bound by California law to do so. I don't know if he had to wait until a verdict was reached or what. I feel that it was a huge mistake to have the "all or nothing" instruction.

Kinda reminds me of the Louise Woodward (nanny) case in Mass.

 

[LaMer]

That's just it, we don't know which way the 7/5 split is. And since only 3 of them said they might come to agreement if they got clarification on an instruction, that still doesn't even it out to a unanimous verdict.

Yikes! I really wasn't expecting a hung jury tho the idea was in the back of my mind on occasion.

Panthera, that's what I was thinking too, with the 7/5 with 3 leaves 2, unless the ones who spoke up were also speaking for others. :doh: Who knows what was going on back there.

I was surprised the jury never asked any questions or for any readbacks. Considering the length of this trial, they all must have very good memories. I thought when there were differences of opinions, the groups would try to prove their points, and by possibly some read back of the testimony--for where-ever ones were hung up. I don't remember any unless I missed it.

Like Wudge said, only in Hollywood and another poster asked what is in the water there? LOL

 

[trixie]

I'm horribly embarrassed to be a resident of California today. It just doesn't get more ridiculous than this. Thank God Nevada has OJ this time!

 

[Moe]

I'm still stunned by this, how in the world can they be hung, with a vote 7-5 no less. This is an awful thought, but does anyone else think the jurors could have been paid off? Bruce Cutler did this with Gotti's trial, can the LE watch the jurors assets? Perhaps Judge Feidler will save the day, I missed that part.

 

[MagicRose99]

I'm horribly embarrassed to be a resident of California today. It just doesn't get more ridiculous than this. Thank God Nevada has OJ this time!

I agree Trixie! Apparently if you're rich and/or famous in CA you can get away with murder. Let's hope Nevada takes care of OJ properly.

 

[kato]

Another travesty? Only in California, the rich & famous are never guilty. It must be something in the water.:furious:

That's the exact word I have in my mind also. A FRICKIN" TRAVESTY OF JUSTICE!!! AGAIN!!!

 

[Moe]

I'm going to remain optimistic, or at least try to. It ain't over til it's over! Justice for Lana, she and her family deserve it.

 

[browneyes]

I agree Trixie! Apparently if you're rich and/or famous in CA you can get away with murder. Let's hope Nevada takes care of OJ properly.

You can forget that prayer.....$125,000 bail.

Sorry off topic. :blushing:

 

[Hez]

I was reading Michelle Blaine's blog (Phil Spector's former assistant, the one that wouldn't marry him) this morning and found this very interesting post in the comments under the latest entry. Someone found it on the Team Spector Myspace website and reposted it on Michelle's blog. I think it is very disturbing and highly suspect, especially the part that I've bolded. Here it is:

17 2007 7:20P

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 date of that posting is September 17 at 7:20 pm, which was Monday evening, well before anybody knew (or was supposed to know) the jury was deadlocked. I think the first paragraph is very telling, especially the part about reasonable doubt, which is what 3 jurors were apparently having issues with. In my opinion, someone got to this jury and that posting confirms it. I hope someone brings this to Judge Fidler's attention and soon. If anything, they are still in violation of the gag order as far as I'm concerned.

I think the California courts should start using homeless people on juries. For one thing, they don't have access to computers and generally only use newspapers to keep warm, so you wouldn't have to worry about them researching the case on their own. They would actually appreciate being sequestered and they would get a decent meal everyday, not to mention all the coffee and donuts they could want. Yes, I am being facetious, but clearly something needs to be done about the jury system in California, especially when it comes to celebrity trials. Of course, this is just my opinion.

Here is the link to Michelle's blog if you want to see for yourself.

http://mcontrolblogs.blogspot.com/

Take care everyone and hang in there. I seriously hope the judge reconsiders adding the lesser charge, and just declares a mistrial. I think adding the manslaughter charge now will just leave a conviction wide open for appeal. I am pretty sure that the prosecution will be able to get a conviction the second time around. It worked with the Menendez brothers.

 

[JDB]

Is anybody having problems with the Feed this morning?

 

[JDB]

I was reading Michelle Blaine's blog (Phil Spector's former assistant, the one that wouldn't marry him) this morning and found this very interesting post in the comments under the latest entry. Someone found it on the Team Spector Myspace website and reposted it on Michelle's blog. I think it is very disturbing and highly suspect, especially the part that I've bolded. Here it is:

17 2007 7:20P

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 date of that posting is September 17 at 7:20 pm, which was Monday evening, well before anybody knew (or was supposed to know) the jury was deadlocked. I think the first paragraph is very telling, especially the part about reasonable doubt, which is what 3 jurors were apparently having issues with. In my opinion, someone got to this jury and that posting confirms it. I hope someone brings this to Judge Fidler's attention and soon. If anything, they are still in violation of the gag order as far as I'm concerned.

I think the California courts should start using homeless people on juries. For one thing, they don't have access to computers and generally only use newspapers to keep warm, so you wouldn't have to worry about them researching the case on their own. They would actually appreciate being sequestered and they would get a decent meal everyday, not to mention all the coffee and donuts they could want. Yes, I am being facetious, but clearly something needs to be done about the jury system in California, especially when it comes to celebrity trials. Of course, this is just my opinion.

Here is the link to Michelle's blog if you want to see for yourself.

http://mcontrolblogs.blogspot.com/

Take care everyone and hang in there. I seriously hope the judge reconsiders adding the lesser charge, and just declares a mistrial. I think adding the manslaughter charge now will just leave a conviction wide open for appeal. I am pretty sure that the prosecution will be able to get a conviction the second time around. It worked with the Menendez brothers.

I wish there was a way I could report this. Something is really smelling bad in Denmark.Knowing what we know about the annocuement was not made till 9/18

 

[IdahoMom]

Regarding Michelle Blaine's blog...

Someone does need to notify the judge. Any volunteers?? :innocent: I'm taking online CE and have very little time to complete my course today.

 

[Hez]

Well, according to someone that posts at CTV, the prosecution has been made aware of these interesting postings on the Spector website. Sprocket also has an interesting post up about it too. Something definitely smells out there in L.A. and it isn't the canal water either.

 

[Jeana (DP)]

I've heard the judge declined to instruct the jury about the lesser charge.

 

[JDB]

Well, according to someone that posts at CTV, the prosecution has been made aware of these interesting postings on the Spector website. Sprocket also has an interesting post up about it too. Something definitely smells out there in L.A. and it isn't the canal water either.

Hex Can you point me to the post on CTV? I hope it is true.

 

[Wrinkles]

Try this link on the web JDB.

http://ktla.trb.com/news/ktla-philspector-livevideo,0,1937524.blurb

Live video.

W