Phil Spector trial

His lawyers are arguing for a simple charge of murder or acquittal

29 July 2008 - It’s the first pre-trial hearing of Phil Spector’s 2 ^nd trial today (29 July) and the Defence are arguing that the jury shouldn't be allowed to consider a lesser charge of manslaughter.

The music producer is accused of shooting an actress, Lana Clarkson, who was found dead in his Alhambra, Californian home in 2003.  He claims that she committed suicide.

Spector's first trial in 2007 ended with a hung jury – after Judge Larry Paul Fidler refused to allow his jury to consider a charge of involuntary manslaughter when it struggled to make a decision.

This has now become part of Spector’s Defence’s position, as they argue that this is as good as an acquittal for the manslaughter charge - and therefore due to the rules of double jeopardy, the producer can’t face the same counts again.

Prosecutors have hit back at the latter claiming it, "flies in the face of logic and law".

They stated: "The court never impliedly or otherwise factually acquitted (the) defendant of voluntary or involuntary manslaughter."

"It’s the central focus of his existence right now, defending himself against these charges."
Phil Spector's lawyer

We hear from Spector’s lawyer

Speaking exclusively to 6 Music, Dennis Riordan - who is representing Spector - explained their position: “One of the issues is whether he should be tried on the issue of manslaughter charges as opposed to the murder charge because of double jeopardy issues.

“It’s a little complicated, it doesn’t mean that he wouldn’t face the murder charge but it would mean that it would be murder or an acquittal as opposed to the Jury considering intermediate charges.”

The Defence are also arguing against some of the woman that have testified against Mr Spector - who in the 1st trial claimed they experienced violence from him.

Riordan says their testimony is irrelevant: “Yes, there is a motion to exclude testimony of uncharged and unrelated events.”

As previously reported

Meanwhile Prosecutors from Los Angeles District Attorney’s office in the murder retrial are arguing that jurors should be able to hear testimonies presented by forensic experts, on the blood evidence and the autopsy of the actress.

Phil Spector’s state

And as for how the producer is coping, Riordan said the case, and clearing his name, is currently his prime focus.

“I’m sure for anyone facing a murder charge, it’s a most grave and serious situation. He’s no different from anyone else in that regard. It’s the central focus of his existence right now, defending himself against these charges,” he explained.

The actual retrial is scheduled for the end of September in Los Angeles.

Georgie Rogers