Saturday, April 18, 2009
Phil Spector’s Future
Los Angeles, CA—The chances of legendary record producer Phil Spector getting a new trial are really high. The primary reason is Judge Larry Paul Fidler’s prosecution favoring rulings allowing unprecedented use of ancient and uncharged prior bad acts. These interlopers into the Spector inquiry tainted the jury.
Rather than evidence a successful hate campaign brought a conviction that was not supported by the physical evidence.
I see a solid conspiracy to frame Phil Spector because of the efforts made by officials to evade normal objective investigation efforts by police, prosecutors and the Medical Examiner. Lana Clarkson’s mental state was suspected in playing a role in her death. Documented problems included:
2. Drug addiction.
3. Financial problems
4. Despondency based on writings and other communications
5. Intervention by medical professionals for these problems.
The normal procedures are to conduct a psychological autopsy where these kinds of issues are involved with any case where there is any possibility of suicide. They avoided doing this simple procedure for only one reason, to hide the truth.
What can be done now? The pursuit of motions for mistrial, new trial and other yet to be seen avenues is already underway. The first stop must begin with Judge Fidler. Nobody realistically expects Fidler to do the right thing now but the efforts are necessary to preserve appeal rights.
An investigation into jury misconduct is underway. Motions based on these findings can be introduced with motions at any time to the trial court. There is a Wild Card in this mix and that’s the wrongful death lawsuit pending against Phil Spector by Donna Clarkson.
Spector has the right to defend himself in this civil action too. Spector has the power to bring witnesses forth into forced depositions and court testimony. Additional evidence helpful to Spector will surface here and could affect the conviction if strong enough.
The only public officials that could intercede and bring about a reversal right now is the judge, District attorney or the Governor. That’s not going to happen unless something serious surfaces that proves Spector’s innocence.
A notice of appeal will be filed with the trial court and the lengthy process of appeals will begin. No action will be taken by the Court of Appeals until between one and three years. That’s the normal course of business. I expect at the first stage a new trial will be ordered or the court may even find that the damage was so severe that a new trial would in itself be unfair because of prior defective rulings at the trial court level.
The question is will Spector survive incarceration in a California prison during this process? I think the prognosis is very poor for the 69 year-old Spector whose health has already been severely compromised by this entire ordeal.
Justice ultimately may be denied because once a defendant passes away all litigation will end.