There is a glimmer of hope that even with such a wide split, this jury will reach a just verdict.
Fidler asked the attorneys to argue for a lesser included charge, and they did as he complied. After that, the Judge changed his mind and decided at this late date he could not add the lesser charge. It would be as if he was sending a message to the jurors that if they can't convict on this charge, try this one. It's all in the timing. So Fidler rules that it would not be proper to give them a new option now because that would be as if he was trying to coerce the jury. So that option is off the table, and those of us who strongly feel that Spector is guilty of second degree all heave a big sigh of relief.
After questioning the jury and getting some feedback, Judge Larry Fidler rules that special instruction #3 was in conflict with the law and will be tossed, and there will be no new arguments presented to the juror to explain the loss of instruction #3.
This is one of the instructions the defense wanted so badly, and this is why the defense hired Dennis Riordan in the first place and pays him the big bucks. He's there to come in a muck things up as much as possible. I'm sure he was the one who crafted this instruction, and the people were opposed to this instruction from the very beginning. It wasn't because they couldn't understand murder two, it was because it pigeonholed the prosecution into proving a very narrow window of facts, and that's against the law.
Although one of the jurors, #12, asked to see some of the clothing, Fidler ruled that they would not be able to provide the articles of clothing for their review because 1) the were never entered into evidence and 2) they are no longer in their original condition.
The Judge says that he is going to include in the jury instructions a modified "Moore" instruction (after the attorney's argued the specific points they wanted tossed) as well as read back the reasonable doubt instruction.
All in all, I think this is good news. It makes more sense now, why there was such a wide split among the jurors when the rest of the thinking world ~who's brains had not yet turned to melted cheese~ this was a clear case of second degree murder. It was the mucked up special jury instruction the defense got in. Even at the bitter end, the defense has tried to throw a wrench into the workings of this trial.
I know I read it somewheres, that after the jury declared they were at an impasse, Rachelle Short was crying. I wasn't at the courthouse today so I didn't see if she had tears in her eyes or not. But if this was true, Poor Baby. If there really is a hung jury, I'm sure Phil will force your foot stomping hiney to honor your contract and continue pretending to be a "loving" wife for the next couple of years. Ah, true love lives at the Spector castle.
And that comment about being the "next Beyonce." Honey, you will never be the next Beyonce. More like the next sorry assed Anna Nicole Smith. Beyonce at least has the looks (she didn't have to pay the surgeon or get her teeth replaced), the talent (you're going to be a big hit as a trombone player), and a devoted man in a decent age range~ one not on trial for murder I might add. All you got are new tata's an over sized rock and a grille.
I'm giving a shout out to a another blogger commenting on the Spector trial. There are not a lot of entries at Just My Opinion, but that doesn't matter. I like it when I see someone who thinks like I do.